The Town of Bethany board meeting has been rescheduled from March 13 to March 20 at 7 p.m.

The change is "due to unforeseen circumstances," said Town Clerk Shauna P. Klump.

So you want to be a school board member and get a particular teacher fired. Or lower the tax rate. Or perhaps eliminate some boys sports.

You may want to attend a training to learn what being a school board member is all about and to know what you can actually do and not do while sitting through those board meetings, Patrick Burk says.

“Genesee Valley School Boards Association offers training so that people can understand what to expect,” Burk said Wednesday to The Batavian. “Last year we had six come to training. Only four ran. Some people thought being a board member meant handing out certificates to their kids. Some people have no interest in the negotiation side, other people come in with a single agenda. It’s their prerogative on where their interests are … your duties don’t stop with your interests.”

The next training session is at 7 p.m. on March 16 at Genesee Valley BOCES Service Center, 80 Munson St., Le Roy. There’s no charge, but registration is required.

As a former school board president and now executive director of the GV School Boards Association, which represents 22 school boards in Western New York, Burk has come to fully appreciate the role of a board member. His specific interests zeroed in on personnel, special education, inclusion and busing. But his service certainly didn’t stop there, he said.

There are state mandates, rules and regulations — Title IX being a big one involving equality in boys and girls sports — union contracts, and 12 hours of mandatory training, six hours each in June and July. Batavia City Schools recently encountered a potential Title IX issue when Girls Flag Football was proposed. The board approved it, making the number of sports for girls equal to boys.

“You have to deal with what the law states,” Burk said. “It’s not always comfortable.”

The training flyer states that: this program has been designed to answer all the questions that parents and residents may have about becoming a school board member. We will go through the process of the election and discuss expectations and outcomes once you are elected. If you have a basic interest, this is step one to learning what your commitment would be as well as what to expect from this much-needed community service position. Join us for an informal discussion and presentation that will enlighten you on what to expect and the important duty of serving our public educational system.

One training drew an interested mom who had attended three school board meetings and noted that certificates were handed out to students. That prompted her interest since she thought it would be nice with her own children, Burk said. However, that was such a minor aspect of serving on the board, and the training dispelled the notion, he said. She didn’t run for a seat.

“A lot of the things that board members have to know are required,” he said. “And in some areas, you have to pay for training.”

Fortunately, the GV School Boards Association does not charge for training, while elsewhere, it is mandatory, and board members must pay the fee. There is also training led by labor attorneys about how to react to employees during negotiations and how to respond to parents during a particular school issue.

“I found it very difficult; some board members wanted to call their own press conference when they did not get their own way,” Burk said.  “You have to support the board’s decision.”

That’s not to say that board members can’t have and express their own opinions prior to a vote, he said, but after a vote, the members are to then support that vote. Training also covers that protocol as well.

For this upcoming session, Burk and other presenters will talk about the expectations of a board member, including how to run for election — the need to collect signatures, for example — and a question-and-answer session.

“It is awe-inspiring for some,” he said. “It may be terrifying for others.”

For more information or to register, email pburk@gvboces.org.

File Photo of Patrick Burk when on the Batavia City Schools Board of Education, shown with student Dominic Darch, by Howard Owens.

Squirrels, a dead-end street across from an elementary school, and the four seasons.

Those have been some of the challenges being situated in a fairly remote — and animal-friendly — section of the city in Western New York for Phil and Steve Pies over the years, Steve says.

Yet despite that and the typical ups and downs of retail business, Max Pies Furniture has endured 118 years since its settling into that comfy spot at the end of Jackson Street in 1905. Founder Max Pies and family built not only a small business but also their home, and the place was handed down to now Steve, the fourth generation of the Pies family.

No wonder they have earned the Chamber of Commerce Business of the Year Award. And there’s no other place they would have continued the tradition that began for furniture and flooring sales.

“As far as this structure and this business from this location, it’s the same location. Obviously, they added on to the store since 1905. But the original location and their house were in the parking lot you pulled into,” Steve Pies said. “They went all over the board from Rochester to Buffalo, and I think even close to Syracuse at one point in the 80s. Rochester Linoleum bought out all of the flooring aspects. But the furniture, even though we do flooring here as well, the original furniture store Max Pies name started right here.”

And they both must have just naturally fallen right in line with the business, yes?

"Well, not really,” Phil said. “I went to college, then I was in the Air Force. And then my uncle was here at the time, and my dad.”

Phil was married with two children, Steve and Natalie, and living in Sacramento, Calif. at the time. After his Uncle Jake died, he ended up returning to Batavia and worked alongside his dad, Sam. Business must have been good for longevity: his grandfather worked until he died at 93, and the same for his father until he was 83. Phil has been the friendly face of Max Pies for the last 53 years.

It was a similar crooked path for Steve, who didn’t immediately return from college to join the family business. He went off to pursue a business degree at Plattsburgh State College, and something drew his attention to working on a cruise ship — he had visions of “Love Boat” — and went aboard to work as a Blackjack dealer and then worked around Nevada in casinos building a career as a card dealer.

He eventually returned and decided to help his dad, who turns 80 in May. They thought back to what has changed over the years, and certainly, costs have been a big one.

“Freight rates have changed, insurance, overhead,” Phil said. “And styles, we sold a lot of colonial, and now we sell a lot more modern styles.”

Steve added that retro comes and goes, but a shift that has added time, labor and unexpected expenses has been how furniture arrives now versus years ago.

“It used to be all assembled,” Steve said. “Now it’s called KD, for knockdown. It's, take them off the truck, unpack them out of the box, set them up with screws and a drill and dispose of the garbage. It's a lot more tedious.”

While costs have shot up on their end, the waste management business is booming. The Pies have a 40-yard roll-off Dumpster that costs $800, and sometimes it gets filled three times a month with styrofoam and boxes, Steve said. For the most part, they depend on sales reps for advice and guidance on what’s trending, what’s hot, and what to buy throughout the year, Steve said.

“My dad has a good relationship with a lot of our reps. The reps know what’s out there,” he said. “But we try to have a variety as well because, you know, you’ve got 20-year-old couples, and you’ve got 70-year-old people and you’ve got in between, and there's such a different dynamic.”

A walk through the downstairs showroom features a painter’s pallet of gray hues — from charcoal and slate to lighter silvers. Grays are definitely in right now, the father-son team agreed, and other hot items include power recliners, sleeper sofas and sectionals. They will cater to people’s tastes, but with a focus on this locale, Steve said.

For example, unlike more eclectic geographical areas such as New York City, this region has a mixed appetite that includes a lot of rural country.

“We have hunters, they want the classic. They want a camouflage recliner, they want a rocking chair, and a certain bedroom set that looks like a plank cabin look,” Steve said, adding that there was a camouflage recliner in stock that day just waiting for an avid hunter.

For the approximately $2.5 million of sales volume they accomplish, the staff is small, Steve said: seven people, including Jimmy, Peggy, Eddie, Reggie and Hunter, plus subcontractors. Hours have been reduced over the years, especially when COVID hit, from a crazy 9 to 9 schedule to 9 to 7 and then 9 to 5 work day, Steve said.

“The biggest challenge for a store like ours in a town like this in a state like this is we deliver furniture winter, spring, summer and fall. We've gone through roofs, we've gone through windows, we take off doors, we go up and down. We unload trucks in blizzards. And we have a building that has, you know, leaky roofs. We have squirrels … so I would say, having an old building and four seasons,” he said. “And I would also say that if you look at our location, you could arguably say this is the worst location on planet Earth for a retail furniture store, dead-end residential neighborhood across from an elementary school. That's my long-winded answer to the challenges.

“ (Turning to his dad) But you’ve been here 53 years. So yeah, there was a time where my dad said, the accountants used to say, ‘you made too much money this year, you got to do something with it.’ And there's been other times where we can't pay our bills,” Steve said. “So it's a very cyclical business in the notion of, you just gotta keep grinding and keep going. It is what it is. So there still are heydays, and there still are lows, and there still are in between.”

Given it is a “cyclical business” that definitely still experiences those good times of Batavia’s yesteryear, what’s the secret? Max Pies motto, Steve said, giving a nod to his dad.

“Where customers send their friends,” he said.

The nomination committee selected Max Pies, partly due to Steve’s “tremendous” contributions for bringing the business “into the 2000s” via online ordering and a website, excellent customer service and marketing the business in many unique ways.

Photo of Steve and Phil Pies at Max Pies Furniture store at 400 S. Jackson St., Batavia. Photo by Howard Owens.

Press release:

Assemblyman Steve Hawley (R, C -Batavia) rallied today with the Assembly and Senate Minority in the call for an increased allocation of funds for local roads and bridges as part of this year’s budget. Local roads and bridges are often in disrepair and require support from the state to help with maintenance and management, and Hawley believes the budget should allocate for it.

“I am imploring the legislature and the governor to include an additional $200 million for local road and bridge maintenance and an additional $70 million for Extreme Winter Recovery,” Hawley said. “With the governor's proposed budget of $228 billion, it would behoove the legislature and governor to assure the $270 million is made available for our local roads and bridges that our taxpayers travel every day.”

Press release:

Join the Genesee County Master Gardeners as we “Catch the Gardening Bug.”  We will be offering three gardening themed programs this spring.  All classes will be held from 6 to 8 pm at the Genesee County Cornell Cooperative Extension office.  If you are looking for garden inspiration and know-how to apply to your own garden, check out these classes.

March 30 – “Create a Habitat in Your Yard”
Natural habitat in this country, and the world, is disappearing at a rapid rate.  Wildlife doesn’t just randomly appear in a given area.  It is there because of favorable habitat.  The right conditions will invite a host of birds, butterflies, and other species to your yard.  If you want to discover how to make your yard more valuable to bees, butterflies, birds, and beneficial insects this program is for you.  Join us as we have a conversation about things you can do to make your yard more valuable to your wild neighbors.  Change starts in your backyard!

April 10 - “Succulents!”
This two-part program will explore the popular family of succulents.  First, we will get some succulent basics, starting with “What are they?”  We’ll cover how to grow them and also how to propagate them.  Did you know that some can only be grown inside while others are perfectly happy and hardy in the garden?  They have such interesting shapes, textures and colors who can resist them.  After a short break, we’ll have a demonstration on how to put together your own succulent dish garden and how to use them in containers.

April 25 - “Wonderful Sunflowers”
Sunflowers are a bright and cheerful addition to any garden.  They are easy to grow from seed in almost any type of soil and can be sown in succession for a season full of colorful blooms.  Sunflowers can be grown for cut flowers, a colorful garden display or even for edible seed; for you or the birds.  Whether you want short, medium, or tall; yellow, burgundy, or orange, there’s a sunflower for you.  Join us to explore the wonderful world of sunflowers!

Classes will be held from 6 to 8 pm at the Genesee County Cornell Cooperative Extension, 420 East Main Street, Batavia.  The cost is $10 per person, per class.  Pre-registration is required as class size is limited.  Stop by the CCE office to pay by cash or check; or fill out the registration form and mail in your check.  The registration form can be found at our website: http://genesee.cce.cornell.edu/events.  Questions?  Contact Jan at 585-343-3040, ext. 132.

Press release:'

Musicians of Note, a wall of fame to honor past Batavia High School graduates in music, will host its 4th annual ceremony on March 17 in the Batavia High School auditorium at 7 p.m.  Nominations were accepted until November when our committee followed through with selecting four talented and deserving recipients.  

Nominées will be recognized with a video presentation.  We will also have High School ensembles perform to celebrate those specific honorees.  A plaque featuring their accomplishments will be displayed on the new Musicians Of Note wall at the High School. 

The 2023 honorees include Diana Dipson, 1929; Gloria McLaughlin, Retired BCSD music teacher 1970-1989; Brian Isaac, 2001; Deanna Spiotta, 2005; and Melzie Case, 2012.  All five nominees have outstanding resumes.  Since Mark Hoerbelt was ill during the last Musician of Note 2022, we will be having a performance celebrating Mark’s acceptance into Musician of Note last year.

The Musician of Note committee looks forward to receiving nominations for the prestigious honor in the next six months.  You have until the end of October to nominate for the 2024 Musician of Note Ceremony. You may find the application for the Musician of Note on BCSD Website or email JHaggett@bataviacsd.org to have one emailed to you personally for future nominations.

Press release:

Have you ever wondered how Genesee County came to be? What was the Holland Land Purchase? What is a Gibbet? How did Batavia get its name? If any of these questions pique your curiosity among many others, then volunteering at the Holland Land Office might be perfect for you. The museum is reaching out to anyone with an interest in local history who would like to volunteer.

Any amount of time that can be given is welcome; even an hour a week can make a great difference. Volunteers can work in many different areas, and interests and strengths will be used to the most optimum effect. Areas of need include: cleaning, gift shop, docent/tour guide, documenting of artifacts, exhibits and displays, landscaping, etc. Volunteer hours would be during the normal hours of operation of the museum are Tuesday through Saturday, 10 am to 4 pm.

If you have an interest in volunteering with the Holland Land Office Museum, don't hesitate to get in touch with Director Ryan Duffy at 585-343-4727 or hollandlandoffice@gmail.com. Information can also be found at the museum’s website at www.hollandlandoffice.com.

Photo: May 2015 file photo by Howard Owens.

Press release:

Congresswoman Claudia Tenney (NY-24), member of the Ways and Means Committee, today cosponsored the Financing Lead Out of Water (FLOW) Act, bipartisan legislation that will remove federal red tape to help more municipalities finance water projects focused on the removal of lead service lines. The legislation will make it easier for upstate New York counties to finance and execute water projects.

This legislation was introduced in the House of Representatives by Congressman Dan Kildee (MI-8).

The FLOW Act would allow bonds issued by public water utilities to finance the replacement of private lead service lines to bypass the U.S. Internal Revenue Service’s (IRS’s) “private business use test.” Streamlining this process in the tax code will help more communities access low-cost financing for lead service line replacement. This becomes more important as laws regulating lead in drinking water are updated nationwide.

Lead service lines are unique pieces of infrastructure often owned by the local government and private citizens. Removing them is costly but can be financed by issuing tax-exempt bonds. However, under current law, if a water utility issues bonds to fund the replacement of lead service lines buried on private property, the utility must prove that the bond proceeds will not mainly benefit private businesses. Providing this documentation to the IRS requires extensive and costly analysis, delaying these infrastructure projects. The FLOW Act would remove this expensive and time-consuming barrier.

“Outdated lead pipes are still an issue for many communities, but the process to install new pipes is often filled with unnecessary and costly roadblocks for municipalities,” said Congresswoman Claudia Tenney. “The FLOW Act removes the federal red tape that prevents too many of our communities from affordably tapping into the investments they need to provide affordable, clean drinking water. I'm introducing this bill to support water infrastructure programs and address hazardous lead pipes.”

Press release:

The Batavia Society of Artists is hosting artist Karen Crittenden on Tuesday, March 14, at Go-Art/Seymour Place, 201 E. Main St., in Batavia at 7 p.m.  Karen will be demonstrating hands-on collage multimedia.  all materials will be provided at no charge.  Tavern 2.0.1. will be open for cash purchases.  Non-members are welcome with a $5 fee.  We are always accepting new members, Single $30, Couples $50, and Students/Veterans $10.

Karen is a lifelong artist who has had a love of all things colorful and accessible.  Her current work has been based in collage/mixed media and photography.  She has traveled to a lot of wonderful places, and this often has an effect on her work.

In recent times she has been collecting and working on making books, journals and junk journals with all the fun vintage and handmade ephemera to go inside those books.  She also enjoys designing and stitching her own embroidery designs.

Karen owns and operates a niche yarn and media business where she offers group and private lessons in a variety of media.  

Press release:

New York State Senator George Borrello announced that the New York Conference of Italian-American State Legislators is accepting applications for four $4,000 scholarships, two academic and two athletic.  

Scholarships are available to residents of the 57th Senate District who are current college students or high school seniors entering college. Students can access and complete the application by visiting: https://www.nyiacsl.org/apply-for-scholarship-form. 

The application deadline is Monday, March 27.  

“This is an excellent scholarship opportunity for high school seniors and college students in the 57th Senate District who have worked hard, distinguished themselves from their peers and intend to pursue higher education,” Senator Borrello said. “With college costs continually rising, this is a chance to lessen the financial burden that is a concern for so many young people and their families. I encourage eligible students in my district to apply.”  

Applicants should have a grade point average of 85 or higher; be active in community service and extracurricular activities and demonstrate financial need. In addition to these qualifications, students applying for an athletic scholarship must also be involved in an organized sport(s). Applicants need not be of Italian-American heritage to apply. 

Scholarship recipients will be announced in May, and the winners will be honored at a ceremony in Albany. 

The New York Conference of Italian-American State Legislators is a bipartisan organization of state Assembly and Senate members who actively promote and celebrate the state’s Italian-American community. 

Earlier this year, Senator Borrello was chosen by his Senate and Assembly colleagues to serve as president of the New York Conference of Italian-American State Legislators. 

The Golden Gophers took a step closer to a state tournament berth in Girls Basketball with a 43-22 win over Oakfield-Alabama on Tuesday.

Pavilion's Karlee Zinkievich scored 18 points.  Lauren Kingsley scored 12, and Makayla Washburn scored eight.

For the Hornets, Ava Groff scored six points, and Caitlin Ryan scored six.

With a 19-2 record, Pavilion moves on to the Class C Far West Regional Champoinship, where they'll face Randolph (19-4) at Buffalo State on Saturday at 3 p.m.

To view or purchase prints, click here.

Photos by Steve Ognibene

Sitting in the Batavia GO ART! building next to a white baby grand piano with walls of artwork and embracing a definite quiet, creative vibe, Gregory Hallock shares his journey since arriving seven years ago.

It really couldn’t have gotten much worse.

“Yes, we were in a 'save the organization mode.' We were doing really bad. We were in the red. So we were trying to get ourselves out of it. And I made the decision, with the support of my board, to spend money that we didn't have so that we could be seen in the community and start to do stuff so people would know what we do because people don't like to support a bleeding organization. We needed to show that we were doing more than just bleeding,” said Hallock, who was promoted to executive director two years later. “So we started doing classes and activities and a whole bunch of stuff so that people would start talking about us. And I started applying for a ton of grants. And we received a lot, but not a ton. Like 20 percent of the grants.”

Some of the new initiatives were children’s creative arts camp weekends, a Ramble Explore Art tent, regularly opening the kitchen and bar, and obtaining a liquor license at Tavern 2.0.1, which has worked handily for drawing more customers in and selling more art — nearly two dozen pieces for a record at a recent exhibit, Hallock said.

The nonprofit has also substantially increased grants it disperses to the community — going from $47,000 to $210,000 for artistic endeavors.

“I tell people that honestly, if you go to something artistic in Genesee or Orleans County, there's a really strong chance that we sponsored it, that we gave it funding to happen. We've been really working at letting people know they think of GO ART! as go ART!, as a cheer. And trying to show the GO stands for Genesee Orleans,” he said. “So we don't just do stuff in support. We now create stuff ourselves. Every single one of my employees is an artist, as well. We all have that background and want to be able to enjoy what we do at the same time. You know, we're good at the admin stuff. But we also love art. So we bring that in.”

GO ART!, the oft-used acronym for Genesee-Orleans Regional Arts Council, captures the two-county organization. However, Batavia has a bustling site with galleries, exhibits and receptions, a kitchen, bar, comedy shows, kids’ activities, bartender competition fundraisers, music, and other special events on a regular basis.

In the earlier days, upon Hallock’s arrival, there was one gallery and office space, he said. Now, in addition to those offerings above, there are seven galleries, a film studio, a podcast studio, library, stage, makeup studio, a culinary program, classes and demonstrations, and there’s no point in stopping now.

“We’re whole-heartedly looking at adding additional space here in Batavia and in Medina. We're currently working on these two spaces so that we can expand and offer a lot more programming. Because we're also looking into mental health. Where the community, the world, is in a big space for needing mental health stuff. So we're talking like we'd love to have music therapists, art therapists, and are trying to get it, so we have a lot more available,” Hallock said. “A bigger gallery, like on the level of competing with major galleries in Rochester and Buffalo, you know? We're trying to do a bigger coffee shop, artists and shop, little boutique clothing place. I mean, there are so many things that we want to add to it so that it's an immersive experience. And then if you're coming for one thing specific, hopefully, you'll see that there's so many other things happening. We really want to be arts -- we want to be a community arts and cultural center, not just an arts and cultural center. So that's where we're going.”

Except he wouldn’t disclose exactly where they’d be going.

“Everybody keeps saying, ‘well, we're halfway between Rochester and Buffalo.’ So I want this to be the reason that people come from Rochester and Buffalo to Batavia because we do amazing arts and cultural activities,” he said.

GO ART! supports the arts, cultural and wide-ranging diversity programs, he said, such as religious, LGBTQ, Black Lives, Just Kings, and various support group organizations.

“We will work with anybody,” he said. “What we do is for anyone, as long as they will work with anyone.”

He referred to a mural on the building’s backside, dotted with faces representing various ethnicities and cultures. Yet to be completed, he said, it is something he wanted as a way to let the public know “all are welcomed here.”

The organization more recently produced a printed calendar of GO ART! events and is mulling the idea of including additional arts organization events as well for a quarterly edition. The site has gaining speed through word of mouth, Hallock said, as he’s been getting phone calls and emails from folks who have heard about GO ART! and want to visit. The list of members has grown from about 150 to 200, as just the beginning.

“We’re hoping to get a marketing director in March,” he said, adding that one doesn’t need to be a member to participate in events, but it provides discounts on the myriad of year-round activities. New happenings have included a Peruvian dinner fundraiser, an RIT animation program, a murder mystery event with a charcuterie board and desserts.

Established in 1962 and quite active in the last few decades, Hallock finds it difficult to hear people say they’ve never heard of GO ART! Thankfully, many other organizations have stepped up to help out with cleaning the 7,000-square-foot site, including Arc GLOW, BOCES, and the Senior Center’s RSVP program.

“I had a lady just call today asking, ‘how can I help, what can I do?’” he said. “When I started, it was just me and a volunteer at 30 hours a week. We didn’t have funding to pay anyone else. Now we have four full-time staff and two part-time staff, and a full-time marketing director to be hired, and a GLOW folklorist.”

The nomination committee selected GO ART! for the dramatic change in perception and recognition of the organization in the past six years, a nomination form states.

“It has become an active, vital member of the community. For years it was a marginal part of the community, city. The acquisition of the old Batavia Club was a drain on the resources of the council,” it states. “The building has been transformed from an occasional glance by people to a place that is well known. With the organization's dream and vision, the building has grown from only using 30 percent of the space to now utilizing the entire building. While keeping the integrity of the historic structure, each room is now a space for the arts - visual, performing, media and culinary. Every time one visits, there is something new that excites. GO ART! is deserving of recognition for the tireless and "out of the box" vision of the arts and culture in our community.” 

Top Photo: GO ART! Executive Director Gregory Hallock takes a seat in the foyer of the nonprofit at 201 East Main St., Batavia, and the talented staff gathers for a pose from left, Angie Dickson, Gregory Hallock, Jodi Fisher and Mary Jo Whitman. Photos by Howard Owens.

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

A two-car motor vehicle accident is reported at Vallance Road and Route 19 in Le Roy.;

Injuries are reported.

It is partially b;ockijg

Le Roy Fire and Le Roy Ambulance responding. 

 UPDATE 8:26 a.m.: Stella's towing both pickup trucks. Law enforcement is clearing the scene. 

Editor's Note:  A list of school districts has not been officially distributed, however, The Batavian had obtained a copy of the lawsuit and therefore was aware and was the first to report that Batavia City Schools was one of the districts in the lawsuit. Each district's Board of Education will need to approve the settlement amount before it becomes official, the city school district's communications spokesperson said Tuesday.

Batavia City Schools is slated to receive $35,000 as part of a class action lawsuit that was settled with Juul Labs, Inc. for $3.6 million for its alleged participation in marketing vaping products to children.

The settlement with 143 school districts and BOCES throughout New York State was announced Tuesday. The lawsuit alleged that Juul Labs, makers of popular vaping products, “fraudulently and intentionally marketed” the products to children.

“We sadly have students that vape, and of course it is detrimental to their overall health and well being,” Batavia Superintendent Jason Smith said to The Batavian. “This lawsuit represented an opportunity for the District to perhaps ‘right some wrongs’ on behalf of our students.”  

Smith did not elaborate on the specifics of how the negative effects of vaping were assessed, as asked by The Batavian. 

The city school district has been monitoring bathroom use at the high school, Smith said, and using vaping detectors. Bathroom doors are locked for maintenance and cleaning reasons when needed during the school day, but “that is the only time,” he said. The Batavian asked about locking the bathroom doors in response to receiving some anonymous complaints from the public.

The $35,000 from lawsuit proceeds will be invested in “our preventative and restorative program called VAPE University.”

“It is essentially a program that we pair with traditional consequences for students who have violated the Code of Conduct with respect to vaping,” he said.

BHS Principal Paul Kesler added that Vape University is a program that’s being piloted “to help students with positive replacement behaviors if they are stuggling with quitting vaping.”

“We are hoping that parents will reach out to us if they have concerns with their child vaping so we can proactively help students before they would be caught vaping at school,” Kesler said.

The news release issued Tuesday named Ferrara Fiorenza PC as the plaintiff attorneys representing the school districts in the lawsuit, coordinated with firm partner Jeffrey Lewis in joining a mass tort action seeking recovery for past and future damages relating to student vaping, including money spent on vaping-related issues on campus.

“Vaping among children is an extremely harmful and pervasive problem that our school district clients are facing every day,” Managing Partner Joseph Shields said in the release. “We were thrilled that 143 of our clients opted to stand together and join this mass-action lawsuit to advocate for students and taxpayers throughout the state. This settlement will go a long way in helping our communities, and school districts develop the resources needed to combat the student vaping epidemic.”

The settlement provides resources for schools to fund future expenses, for example, the cost of installing vape detectors in district bathrooms, hiring additional staff to supervise vaping areas on campus, hiring additional counselors to deal with well-documented social and emotional issues associated with nicotine addiction, and developing and operating educational programs about the harms of vaping.

Does Smith believe the district can make an impact on students’ vaping behavior?

“Of course, we always believe that, and that is a core mission--to impact positive change for students,” he said. “Families are encouraged to be part of this process, and their feedback is always welcomed.”

File photo of Jason Smith from Batavia City Schools.

Press release:

No matter who we are or where we come from, we all know at least one person affected by opioid use disorder. Since 2018, there have been 59 fatal opioid overdoses in Genesee County, with 16 additional deaths still pending official causes of death as of February 2023. In 2021, Genesee County experienced at least 9 fatal opioid overdoses (16.6 per 100,000).

But there is hope! Opioid use disorder is a type of substance use disorder and chronic brain disease that occurs when people continue to use opioids despite negative consequences. Like many other chronic diseases, opioid use disorder can be managed with medications like buprenorphine, naltrexone, and methadone that reduce withdrawal symptoms and cravings and decrease the risk of relapse and overdose death. However, stigma and the fear of being judged or discriminated against keep people with opioid use disorder from seeking the medication they need to support their recovery.

To address this challenge, the Genesee County Health Department, Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) and other community partners will implement the second of three communications campaigns from March 6 - May 5, 2023, to help:

• Increase understanding of medications for opioid use disorder (MOUD) and
• Reduce stigma that impacts people with the disease from seeking medical care.

A HEALing Communities Study spokesperson, Scott, had taken MOUD for several years as part of his recovery path. Today, he has stayed on track for more than three years without medication assistance.

During an interview led by study staff, Scott provided details of his extensive struggles with substances, including heroin and fentanyl. He also emphasized the importance of medication such as methadone and suboxone. Scott, who has turned his life around and now is a certified recovery peer advocate in Rochester, calls upon his own experience as a “message of hope” for others struggling with opioid use disorder.

“Medication maintenance in recovery can give people a chance to start their journey to sobriety,” he said, “because sometimes people can’t just stop.” His advice to others is to not give up because MOUD does work.

“Medication is a vital component to treatment. Anybody can be successful with the right program and support and can maintain a successful life. I don’t know where I would be without MOUD,” he said.

“We are so thankful to all of the spokespersons who have shared their powerful stories about their recovery journey and how they have overcome challenges to seek medication for opioid use disorder to support their recovery,” said Charlene Grimm, member of the GOW Opioid Task Force HEALing workgroup. “Their stories continue to save lives by inspiring people with opioid use disorder to stay on medication as long as needed.”  

About the HEALing Communities Study
The National Survey on Drug Use and Health (NSDUH) estimates that 2.1 million Americans have opioid use disorder, yet fewer than 20% of those receive specialty care in a given year. New York State has one of the highest rates of opioid overdose deaths in the nation. A menu of evidence-based practices (EBPs) exists, including opioid overdose education and naloxone distribution programs, prescription opioid safety, FDA-approved medications for opioid use disorder, behavioral therapies, and recovery support services. Unfortunately, these EBPs have largely failed to penetrate community settings.

As a result, the National Institutes of Health (NIH) and the Substance Abuse and Mental Health Services Administration (SAMHSA) launched the HEALing Communities Study (HCS) to identify the EBPs that are most effective at the local level in preventing and treating OUD. The goal of the study is to reduce opioid-related overdose deaths by 40 percent. The first phase of the study, which ended June 30, 2022, occurred in Cayuga, Columbia, Greene, Erie, Lewis, Putnam, Suffolk, and Ulster Counties. The second phase of the study will now run through December 2023 in Broome, Chautauqua, Cortland, Genesee, Monroe, Orange, Sullivan, and Yates counties. In support of this work, Genesee County is collaborating with local partners in a new workgroup of the Genesee- Orleans- Wyoming (GOW) Opioid Task Force to launch three communications campaigns:

1. Naloxone-Fentanyl Education (occurred 10/3/2022-12/2/2022)
2. MOUD Anti-Stigma & Awareness (3/6/2023-5/5/2023)
3. MOUD Treatment Retention (8/7/2023-10/6/2023)

To learn more about the HEALing Communities Study and to help end overdoses in Genesee County, visit:

• HEALing Communities Study Website: www.HealTogetherNY.org/Genesee
• GOW Opioid Task Force Website: www.gowopioidtaskforce.org/
• GO Health Facebook: www.facebook.com/GOHealthNY

Batavia Downs Gaming & Hotel has announced that WBBZ’s popular show, Polka Buzz, will return on Thursday, April 27th, bringing with them this time the 18-time grammy award-winning Jimmy Sturr and his Orchestra. 

Jimmy Sturr and his Orchestra have won 18 out of the 24 Grammy Awards given for Best Polka Album. Sturr's orchestra is on the Top Ten List of the All-Time Grammy Awards and has acquired more Grammy nominations than anyone in the history of musical polka awards.

WBBZ will tape several shows inside the Park Place Room with doors at 6 p.m. and taping with music to begin at 7 p.m.

Tickets are $20 and can be purchased on the Batavia Downs official tickets website, BataviaConcerts.com, now.   Tickets can also be purchased at the Lucky Treasures Gift Shop. Tickets can be redeemed for $20 in Free Play on the day of the show.

Those wishing to spend the night can take advantage of a $69 Hotel Special, which includes $20 in Free Play ($10 per person, based on double occupancy) and includes two tickets to the show.  Check out the Batavia Downs Facebook Page for info on booking a hotel room to receive these perks.

“Polka Buzz” celebrates Polka music as a recorded dance party program featuring the top Polka Bands in the country.  Local Media Personality Ron Dombrowski hosts the show and brings his knowledge of Polka music to the television screen. Dombrowski has been broadcasting polka programs since 1979 on both radio and television.

“The Polka Buzz tapings have become an anticipated event here on site,” said Henry Wojtaszek, President and CEO at Batavia Downs.  “We are confident that by bringing in a Polka Legend like Jimmy and his Orchestra, even more, Western New Yorkers will come out and enjoy good music, food and company!”

The Homestretch Grill, located adjacent to the Park Place Room, will feature food and drink specials for those attending the event.  Several specials, including Tyskie Beer, Krupnik Vodka and a Polish Platter, will be available.

Press release:

The Genesee County 4-H Horse Program was well-represented at the Finger Lakes Region 4-H Horse Extravaganza on Saturday, March 4th at Honeoye Falls Intermediate School. 4-H youth from across the Finger Lakes region competed in Horse Bowl and Hippology Contests at the event. Horse Bowl is a Jeopardy-style competition that tests participants' knowledge of equine facts, including breeds, equipment, nutrition and more. Hippology is a hands-on test of identifying equipment, feeds and other equine facts. Top-placing participants will have the opportunity to represent the region at the state-level contests later this year. 

Horse Bowl Results:

• Brynlee Amend – 8th Junior, 1st Junior Team
• Lexi Witmer – 1st Senior
• Eva Rhoads – 2nd Senior
• Tori Kruppenbacher – 4th Senior
• Wyatt Witmer – 10th Senior
• Eva Rhoads, Tori Kruppenbacher, & Lexi Witmer – 1st Senior Team
• Wyatt Witmer, Leah Amend, & Lydia Page – 6th Senior Team

Hippology Results:

• Brynlee Amend – 9th Junior, 1st Junior Team
• Eva Rhoads – 2nd Senior
• Tori Kruppenbacher – 11th Senior
• Lexi Witmer – 14th Senior
• Lydia Page – 16th Senior
• Leah Amend – 20th Senior
• Eva Rhoads, Tori Kruppenbacher, & Lexi Witmer – 2nd Senior Team
• Wyatt Witmer, Leah Amend & Lydia Page – 7th Senior Team

 

Congratulations to all of the 4-H members who competed in the contest and special thanks to Coach Sara Witmer for all of her hard work and dedication to the 4-H Horse Bowl Club.

The Genesee County 4-H Program is a youth development program for youth ages 5-18.  New 4-H youth members, adult volunteers and clubs are always welcome to join.  For information about how to join the Genesee County 4-H Program, please get in touch with the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 101.  Enrollment information is also available on our website at http://genesee.cce.cornell.edu

Submitted photo: Genesee County 4-H Horse Extravaganza Participants, Left to Right: Brynlee Amend, Leah Amend, Eva Rhoads, Tori Kruppenbacher, Lexi Witmer, Wyatt Witmer, Coach Sara Witmer, Lydia Page.

 

Press release:

Assemblyman Steve Hawley (R, C - Batavia) will host a series of blood drives across the district this month in partnership with the American Red Cross. New York state historically has very little blood banked for patients statewide, and this initiative is being held to encourage those who can donate and make all the difference to a patient in need. Hawley has done numerous drives throughout his time in the Assembly and is happy to continue this tradition.

“I’m happy to once again partner with the American Red Cross and encourage everyone who can donate some blood,” Hawley said. “New York often has a shortage of blood in its banks, which is a big problem, because the various blood types are used in critical surgeries and life-saving operations daily. One small donation could mean the difference between life and death for another, so I encourage all willing participants to donate.”

The time and place of the various donation sites will be:

• Fri. 3/10 - Batavia Social Services, 9 a.m. to 3 p.m.
• Mon. 3/13 - Batavia Robert Morris School, 8 a.m. to 1 p.m.
• Mon. 3/13 - Pavilion Fire Department, 1:30 p.m. to 7 p.m.
• Tues. 3/14 - Darien Fire Co. with PCD Kiwanis 1 p.m. to 6 p.m.
• Thurs. 3/16 - St. Max Hall, East Pembroke. 1 p.m. to 6 p.m.
• Fri. 3/17 - Lyndonville Presbyterian Church. 1:30 p.m. to 6:30 p.m.
• Sat. 3/18 - Stafford Fire Department, 8:30 a.m. to 2 p.m.
• Tues. 3/21 - Albion Elks Lodge, 12:30 p.m. to 6:30 p.m.
• Tues. 3/21 - Batavia First UMC, 2 p.m. to 7 p.m.
• Thurs. 3/30 - Oakfield-Alabama High School, 8 a.m. to 2 p.m.