By Tim Bojarski for Batavia Downs

Batavia -- James E. Boyd, age 83, of Batavia, New York, died peacefully Thursday April 5, 2018 at the Northgate Health Care Facility in North Tonawanda.

Widely known as "Gentleman Jim," Boyd took over the Batavia Downs track announcing duties from the legendary Max Robinson in 1984 and continued to call races there until it closed in 1996. He was also the announcer at Buffalo Raceway and called races at Finger Lakes racetrack.

Boyd called the richest race ever held at Batavia Downs, the $268,756 Breeders Crown aged-mare trot in 1988 won by Armbro Flori and also Getting Personal’s 1:53.3 track record in 1993.

“Jim was known for a very steady voice and very accurate calls,” Todd Haight, director/GM of Racing at Batavia Downs said. “Even though it’s been over 20 years since his retirement, our old-timers still ask about him.”

Besides calling the races, Jim was also a salesman in the Buffalo area for many years.

Boyd was born in Batavia, the son of the late Harry S. and Marjorie (Price) Boyd and was also preceded in death by his wife Josephine (Nevin) Boyd and siblings, Raymond, Robert, Ronald "Don" and Harry "Jack" Boyd.

He was a graduate of Batavia High School and Alfred State College and served honorably in the Army during the Korean conflict. Upon returning home he became a member of the Glenn S. Loomis Post #332 of the American Legion in Batavia and rose to the position of Post Commander.

Boyd is survived by his beloved daughter, Deborah (William) Evans, of Nevada, dear friends, Paula (Frederick) Leigh, of Batavia, along with many nieces and nephews.

The family will be present from 10 - 11 a.m. Thursday, April 12, 2018 at the Michael S. Tomaszewski Funeral & Cremation Chapel LLC located at 4120 W. Main Street Road, Batavia, New York 14020 where his Funeral Services will be celebrated at 11 a.m. by Jim's nephew, Rev. David Boyd.

He will be lain to rest alongside his beloved wife in Grand View Cemetery with military honors. In lieu of flowers, memorials in his memory are suggested to Volunteers for Animals of Genesee County.

Submitted photos and press release:

Officials at Genesee Community College are delighted to announce the College's 50th graduating class will hear from the new State University of New York (SUNY) Chancellor, Kristina M. Johnson, Ph.D., as the keynote speaker at the commencement ceremony at 1 p.m. on Sunday, May 20.

Johnson is the fourth SUNY Chancellor to grace the College's commencement stage with Nancy L. Zimpher appearing in 2010, John R. Ryan in 2007 and Robert King in 2003.

GCC's first-ever graduating class received their diplomas in 1969 inside the auditorium of the New York State School for Blind. Through the years, GCC has held commencement ceremonies in several other locations to accommodate the growing number of graduates.

Batavia High School, the William W. Stuart Forum in the Batavia Campus and finally the Anthony T. Zambito Gymnasium have all hosted GCC's commencement programs. This year, GCC's Class of 2018, the College's 50th Class of graduates, will celebrate their success in the new and permanent venue, the Richard C. Call Arena.

"This year's Commencement Ceremony is going to be a special day for so many reasons. First and foremost, graduation is a sacred event celebrating the personal accomplishments of hundreds of students -- each with his or her individual story and journey. It is, without question, the best day of the year for the whole College community," said GCC President James M. Sunser, Ph.D.

"Secondly, we are honored to welcome Chancellor Johnson to our campus and look forward to hearing her distinguished remarks. Finally, this event brings our 50th Anniversary celebration to a grand crescendo, and what better place than in our new Call Arena."

SUNY Chancellor Johnson joined The State University of New York as its 13th Chancellor just six months ago in September. With 64 college and university campuses located across New York State, SUNY is the nation's largest comprehensive system of public higher education. It serves more than 1.3 million students annually, employs more than 90,000 faculty and staff, and connects more than three million alumni around the world.

Prior to joining SUNY, Johnson was cofounder and CEO of Cube Hydro Partners LLC, and had served as undersecretary at the U.S. Department of Energy. She served as Provost and Senior Vice President for Academic Affairs at Johns Hopkins University from 2007 to 2009 with direct oversight of the academic operations and budget of nine schools that included leading interdisciplinary programs, academic centers and institutes. As Dean of the Pratt School of Engineering at Duke University from 1999 to 2007, Johnson created intensive student/faculty research partnerships and led a strategic planning process as part of Duke's "Building on Excellence" university plan.

Among Johnson's many academic awards are:

• 40 years of Title IX -- 40 Women Who Have Made an Impact by ESPNW (2012)
• Woman of Vision Award for Leadership by the Anita Borg Institute for Women and Technology (2010)
• Milton Steward Award from the Small Business Technology Council (2010)
• John Fritz Medal (2008)
• Society of Women Engineers Lifetime Achievement Award (2004)
• Dennis Gabor Prize for creativity and innovation in modern optics (1993)
• Fulbright Faculty Scholar (1991)
• National Science Foundation Presidential Young Investigator (1985)

In addition, Johnson was inducted into the National Inventors Hall of Fame (2015) and the Women in Technology International Hall of Fame (2003), holds 118 U.S. and international patents, has published 149 referenced papers and proceedings and has received honorary degrees from the University of Alabama at Huntsville, Tufts University, McGill University, Trinity College, Dublin and the National University of Ireland, Galway.

Johnson received her B.S. with distinction, M.S. and Ph.D. in electrical engineering from Stanford University. After a NATO post-doctoral fellowship at Trinity College in Dublin, Ireland, she joined the University of Colorado -- Boulder's faculty in 1985 as an assistant professor and, later, full professor.

Additional commencement information can be found here. For families interested in using GCC's Child Care Center for children 5 years old and younger, the reservation deadline is Friday, May 4.

Below is a photos of GCC's first graduating class -- the Class of 1969.

The Alexander Fire Department is hosting its annual Spring Gun Raffle from 5 to 10 p.m. on Saturday, April 21, at their Recreation Hall, 10708 Route 98, Attica.

Tickets are $25 each, which will include chances on 25 guns and four cash prizes.

Eight (8) guns will also be included in floor/door raffles. Food, beer, pop, 50/50, and bell jar tickets available.

Only 975 tickets sold -- ticket admits one person. Tickets can be bought at the Alexander Country Deli or by calling 507-9930.

The Batavia High School Varsity Softball Team is pictured above donating a check of $1,000 to board members of Genesee Cancer Assistance.

The team raised $3,000 during a Bat-a-thon fundraising event called "Strike Out Cancer" on March 24th at Batavia High School. It was a priority this season as a way to contribute to a local charity.

"This was something our team and program wanted to do to make a difference in our community," said first-year Coach Jim Fazio. "Our girls went above and beyond in all of our fundraising efforts and this seemed like a perfect place to show our support."

Head Coach Jim Fazio presents the check to Board Member Nickie Fazio, who coordinates the Simply Beautiful program, and office manager Teresa Potrzebowski​ of Genesee Cancer Assistance.

When the children of Claudia Celia Rincon Pico and Loan Trang entered Batavia City Schools a few years ago, neither mother spoke a word of English.

On Tuesday night, both mothers spoke to City School Board members to demonstrate how a special Sunday night English class led by Jenna Mrzywka and Courtney Turner has helped them improve their English.

Mrzywka, an English as a Second Language teacher at Jackson, and Turcer, an ESL teacher at Batavia HS, started the Sunday adult English night class on their own (it's now supported by the district) two and a half years ago.

"They're new to the community and a lot of times when someone is new to a country they feel there are cultural and language barriers so they don't always come into the school," Turcer said. "This is a chance to bring parents into the school building and a chance for kids to help their parents and it's a way for them to make friends and get roots in the community. They know English is important so it's a way for them to help themselves."

Rincon Pico and Trang have been part of the program since its inception, though Trang recently opened a nail salon in Erie County and now lives in the Pembroke Central School District, where her son attends school.

Rincon Pico is from Colombia and Trang is from Vietnam. Turcer said ESL students tend to be predominately Spanish-speaking, though Chinese is often common, but students have come through speaking other languages, including an Indian language and French. When she started with district five years ago there were 13 or 14 ESL students, she said. Today there are 40, including 10 at the high school.

Both Mrzywka and Turcer have built solid relationships with parents in the class, which makes it easier to help them deal with school work for their children.

They also said the parents, despite often coming from different countries and cultures, build lasting friendships among themselves.

The non-English population in Batavia is fluid, Turcer said, so there is some fluctuation in class size. Currently, there are five adults in the class. There have been as many as 10 and as few as two.

Adult students start with the basics, learning their ABCs, and move onto personal identification, food, and household items.

In their presentations, Rincon Pico and Trang shared about their home countries, what their interests are, and their favorite dishes from their homelands. Interestingly, both dishes, though very different, featured pork, rice and peppers.

Trang said she was grateful to the Batavia district for all it had done for her and her family.

"I love to become an American," said Trang at the close of her talk, who also noted one of her favorite holidays is the Fourth of July. "I love it here and I love America."

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

The Genesee County Health Department conducted a community health emergency drill today at Genesee Community College, this time simulating how workers would handle a potential outbreak of Hepatitis A.

These drills are required by the state and state health department officials draw up the scenario that will be handled by all the county health departments in the state.

In this case, the health department was notified that a fictitious worker at a fictitious grocery store had contracted Hepatitis A, confirmed by lab results. Since the store employee handled fresh produce, residents in the county were to be notified through news media that if they had been in that store, especially in the produce section, that they may have been exposed to Hepatitis A. The residents are then encouraged to come to the aid station, register, be asked a few health questions and if not yet symptomatic, given a vaccine shot.

In the drill, nurses, from the mental health department in this drill, simulated the shots by sticking a needle into a tangerine. 

Some of the participants acting as patients in the drill were GCC students. Each trip through the process was worth a slice of pizza.

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.

LE ROY – Marion Kohl’s pastime is not what makes her unique, but the fact she will turn 99 in May and is still able to knit and crochet.

“She is amazing at her age to be able to continue to contribute with her talent,” said Kim Pasquale, director of The Greens.

Kohl inherited her talent from her mother and grandmother. She started crocheting as a youngster and learned to knit when her husband Harold was in the military.

She was born in Syracuse grew up in the Catskills. Harold grew up in Henderson Harbor, where her grandparents lived. Her father’s job transferred him to Lowville, and she met Harold in her senior year. They corresponded for seven years while he was in the Service. He served in World War II and the Korean War.

In addition to raising their two children, Kohl was a nurse. The couple moved to the Rochester area in 1965. She came to The Greens in August 2008, after Harold had to enter the nursing home. He died in 2009.

“Marion has made many mittens for people here, as well as baby blankets for residents’ grandchildren,” Pasquale said.

When she heard about the red hats needed for preemies, she got the pattern and some donated yarn and made 10 hats for the Little Hats, Big Hearts program in connection with the Children’s Heart Foundation. She can’t count the sweaters she has made, and she crocheted an afghan for veterans and made baby blankets for the Le Roy Nursery. She also donates her needlework to the Le Roy Rotary’s Graze to Raise auction.

“I knit or crochet every day,” Kohl said. “It’s part of my routine while I’m watching TV.”

Before Harold died, he would read the patterns to her.

Kohl likes to do jigsaw puzzles, and has a computer, but she doesn’t go on the Internet. She just enjoys playing games on it.

She also walks around the facility for exercise and fixes her own lunch in her apartment. She admits to having an occasional drink, but never smoked.

“I’m so grateful my hands and my eyes still let me do the things I love,” Kohl said.

Press release:

Independent Living of the Genesee Region (ILGR) has invited individuals from a number of local businesses and agencies to a “Lunch in the Dark” at the New York State School for the Blind (NYSSB) to experience lunch in a darkened environment in order to better understand eating and socializing with vision loss.

Taking place from 12 to 1:30 p.m. on Thursday, April 26th, at the School Gymnasium, 2A Richmond Ave., west of State Street, in Batavia, the event challenges the participants to dine using blindfolds as the only way to have a “total experience.” As a group, participants will discuss the best practices of making events with food more accessible, as well as strategies for eating with vision loss.

To encourage participation, Dibble Family Catering will offer a big spread: pasta with traditional red sauce, roast beef, honey-roasted turkey breast, chef salad, fresh rolls, coffee, tea, and dessert. The ticket price of $15 includes the meal, and some materials participants can take home.

After the meal, with the assistance of an ILGR staff person, they will have the chance to try out activities when blindfolded, such as using adapted devices.  Services of ILGR that may be useful to citizens who are visually impaired, such as the Medicaid Application Assistance Program, will be explored.

Members of the public who have not been formally invited are welcome to attend, if they preregister. For questions, or to RSVP, please call Donna Becker at 815-8501, ext. 411.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

An effort to reduce the cost of the county's Weights and Measures program and generate new fees to help cover the costs of an inspector's duties got sidetracked last month when county officials found out state law wouldn't allow them to charge one of the fees on the new fee schedule.

It's called a "witnessing fee." It is charged when an inspector works at a facility with a third-party to certify the scales of a company that uses large equipment. The third-party calibrates the large scale when the county doesn't have its own equipment to calibrate large scales. The inspector must witness the work and place the seal on the equipment once it is certified as accurate.

Under Article 16 of the Ag and Markets Law, the county can charge this fee but another section says they can only charge a witnessing fee if it owns the calibration equipment.

Genesee County does not own this equipment and works with a company from Rochester to perform the inspections.

The County Legislature approved a plan at the beginning of the year to eliminate Weights and Measures as its own county department with its sole employee, the director of weights and measures. The division is now part of the County Health Department, under Director Paul Pettit, and the county's weight and measures "director" is a director in title only.  He is the inspector.

In January, the county hired an inspector and teamed him with a trainer from weights and measures. At his first large job, a firm in Genesee County that asked not to be identified, the inspector informed the owner he was going to charge the witnessing fee. The new inspector was told by both a rep from the Rochester firm and the owner of the local company that the fee wasn't legal.

That evening, the new inspector told his local supervisor that he couldn't charge the fee. The following day, a Friday, there was a snowstorm and the inspector says he was told he could stay home with his kids.

On Monday, the inspector was dismissed from his job. He said he believes it was because he refused to charge the witnessing fee. He said the official reason was he was given was an "attendance problem" but he doesn't believe he had an attendance problem.

Pettit said he can't discuss personnel issues.

He did acknowledge that it was through the inspection at the local company that the county was made aware of the contradiction in state law over the witnessing fee.

Pettit said the county has not charged the fee nor has it collected the fee. The dismissed inspector said he handed a bill with the witnessing fee to the local business owner. The owner said he refused the bill.

Pettit said the county and its attorneys are working with state officials to try and resolve the issue over witnessing fees, which a spokesperson for Ag and Markets confirmed, but Pettit thinks it will take a change in the state regulations in order for Genesee County (and Orleans County) to be able to charge a witnessing fee without owning its own equipment.

"This witnessing fee allows us to recoup some of the time spent out on the site by our director," Pettit said. "He might be out there two, four, six hours, depending on the intricacies of the test. If we're not able to collect the fee, the full cost of that test is being borne by the taxpayer."

The Genesee County Office for the Aging’s RSVP program observed National Service Recognition Day April 3 by highlighting its Medical Transportation service. From left, Courtney Iburi, RSVP Volunteer Placement coordinator; Maureen Estabrooks, specialist, Aging Services; and County Manager Jay Gsell are shown with Medical Transportation volunteer driver Linda Smith. In the passenger’s seat is John Dempski, former Genesee County Nursing Home administrator, who volunteers with the OFA’s tax program.

The sixth annual National Service Recognition Day was observed April 3, and this year the Genesee County Office for the Aging chose to highlight its RSVP volunteers and the Medical Transportation program.

RSVP is in its 32nd year with 300 active volunteers age 55 and older who serve 25 partner agencies in Genesee County, said RSVP coordinator Courtney Iburi.

“I try to connect seniors with volunteer opportunities in the community, based on their skills and meeting the needs of our partner agencies,” Iburi said.

The Medical Transportation program is a vital service which is made possible through the dedication of a core group of volunteers, Iburi said.

The Office for the Aging Transportation Coordination program, which includes medical transportation, is funded by the Rochester Community Foundation’s Muriel H. Marshall Fund for the Aging in Genesee County, in addition to county funds.

The Marshall Fund was created by Batavia native Roxanne Marshall who left $7 million 20 years ago for programs to enhance the quality of life for seniors in Genesee County.

“Many other areas are envious of us,” said County Manager Jay Gsell, who also volunteers as an RSVP driver when needed.

Since its inception, RSVP volunteers have provided more than 1.2 million hours of service, valued at $21.9 million. Last year, RSVP volunteers provided more than 35,000 hours of service, valued at almost $850,000.

“Without this organization, our county wouldn’t have the ability to do what we do,” Gsell said.

Linda Smith decided to become a volunteer driver in the Medical Transportation program after she retired three years ago as a guidance counselor with Social Services.         

“I enjoy meeting people and I enjoy driving,” Smith said. “I’m not afraid to drive in the city.”

Maureen Estabrooks, specialist/aging services at the OFA, said they have clients who drive but aren’t comfortable driving in the city.

“It’s been a very rewarding experience,” Smith said. “Especially when clients request me. You see the results of your volunteering immediately.”

In spite of the success of the RSVP program, volunteers are always needed, especially drivers for the Meals on Wheels and Medical Transportation programs. Not only does Gsell volunteer occasionally, but Sheriff William A. Sheron Jr. also volunteers one day a week for Meals on Wheels.

“RSVP’s contribution to our county is significant,” Gsell said. “It’s well run and organized. If you don’t have programs like this, people will suffer.”

He said the senior population has been growing significantly in Genesee County, with 21 percent of the population being 60 or older.

Iburi said in a community the size of Genesee County, people don’t have the opportunity to go from bus to bus and must rely on volunteers, such as RSVP.

RSVP is funded by the federal, state and required county matching funds and private funding, while the Medical Transportation program is funded by similar sources, in addition to State Transportation Services funds, which provides mileage reimbursement to volunteer drivers.

Any senior wishing to volunteer for any RSVP-funded program, especially medical transportation, should contact Iburi at 343-1611.

Zack Johnson, center, was named Firefighter of the Year at Byron Fire Company’s awards banquet. Presenting his award were Chief Robert Mruczek, left, and 1st Asst. Chief Dwane Wetherell.

Byron Fire Company’s 45th annual awards and installation dinner in March celebrated dedicated service and recognize those who support the fire service.

The hall was packed with what Rich Lucas, former president and master of ceremonies, called one of the best turnouts ever for the firemen’s banquet.

Honored guests included representatives from Pavilion, Town of Batavia, Bergen, Clarendon, Elba, Pembroke/Indian Falls and Stafford fire departments, as well as local officials and members of Genesee County Emergency Management.

Fire Chief Robert Mruczek reported Byron Fire Company had responded to 245 calls in 2017.

A moment of silence was observed for longtime member Bud Alexander, who died during the past year.

“He helped us build this department,” Lucas said.

Recognized for the most training hours was Dwane Wetherell with 1,028 hours.

Shelby Fairchok had a combined 256 training hours for fire and EMS.

Recognized for their commitment to the fire department were Genesee County Emergency Management; Byron Exempts, who made a donation of $2,000 to the department; and Tammy Wells on behalf of the Ladies Auxiliary.

Top responders during the year were John Durand, 146 calls; Edward Sharp, 125; Robert Mruczek, 115; Zach Johnson, 88; Dwane Weatherell, 83; and Michelle Weatherell, 77.

Those honored for years of service were Les Stevens, 50 years; Peter Lockner, 45; Tim McKenrick, 35; Kevin McKenrick, 30; Steve Lockner, 30; John Durand, 30; Charles Durkee Sr., 25; Joseph Wells, 20; Sandy Johnson, 20; Charles Durkee Jr., 15; Edward Sharp, 10; Zach Johnson, 10; and Cory Russell, 5.

Mickey Truax and Cory Russell each received a pecial service award, Truax for 42 years of dedicated service, and Russell for always being willing to go above and beyond.

Zack Johnson was named “Firefighter of the Year.”

“He pushes himself to the highest level possible and gives his all,” Dwane Weatherell said.

Johnson’s mother, Sandra Johnson, said Zack takes after his dad, who was a chief at the Byron Fire Department and died in 2011.

“Zack was brought up in the fire company,” she said. “He has been hanging out here since he started walking. He came here with his father, who taught him early how to run the pumps.”

Tammy Wells acknowledged Auxiliary members Daisy Streeter for 50 years of membership and Pat Shaw for 35 years.

Barbara Read announced Lori Mruczek as “Ladies Auxiliary Member of the Year,” for always having lots of ideas and energy to help the Auxiliary.

Officers for 2018 were installed by Jim Bouton.

Firematic officers are Robert Mruczek, chief; Charles Durkee, 1st asst. chief; Zack Johnson, 2nd asst. chief; Justin Baxter, captain; Bill Dix, 1st lieutenant; Paul Carr, 2nd lieutenant; Victor Flanagan, fire police captain; Paul Carr, fire police lieutenant; and John Durand, safety officer.

Administrative officers are Victor Flanagan, president; Steve Lockner, vice president; Michelle Weatherell, secretary; Tammy Wells, treasurer; John Durand, sunshine committee; Tony Barniak, chairman of the board; Ken McKenrick, Kevin McKenrick, Tim McKenrick and Dan Stevens, board of directors; Kevin McKenrick, chaplain; and Cory Russell and Jacob Shultz, sergeant-at-arms.

Rescue Squad officers are Brad Nickerson, captain; Michelle Weatherell, lieutenant; Katherine George, secretary; Laura Platt, treasurer; and Dr. Sara Connelly, medical director.

Ladies Auxiliary officers are Tammy Wells, president; Laura Platt, vice president; Michelle Weatherell, secretary; Judy Yager, treasurer and sunshine committee; Lori Mruczek, special events; and Brenda Miller and Barbara Read, board of directors.

Exempts are Tim McKenrick, president; Dave Barringer, vice president; Ken McKenrick, secretary; and Dave Chupp, treasurer.

Byron Fire Chief Robert Mruczek, left, and 1st Asst. Chief Dwane Weatherell, right, presented Les Stevens with a plaque for 50 years of membership during the fire company’s 45th awards banquet in March.

Byron Fire Chief Robert Mruczek stands next to his wife, Lori, after she was named Ladies Auxiliary Member of the Year at Byron Fire Department’s awards banquet by Auxiliary President Tammy Wells and Board Member Barbara Read.

Michelle Weatherell, center, was named Emergency Medical Technician of the Year at Byron Fire Company’s annual banquet. With her are Byron Fire Chief Robert Mruczek, left, and EMS Chief Brad Nickerson.

Summary of the NYS Local Governments and School Accountability audit of the City of Batavia's Business Improvement District.

CLICK HERE for the complete report.

Purpose of Audit

The purpose of our audit was to determine whether City officials properly accounted for and monitored the Business Improvement District’s (BID) financial operations for the period April 1, 2015 through September 14, 2017.

Background

The City of Batavia is located in Genesee County. The City has approximately 15,500 residents and is governed by an elected nine-member City Council. The Council created the BID in 1997. The BID is a geographic area in which a charge is imposed upon benefited properties for improvements, operation and maintenance costs and other services such as advertising and promoting BID activities. The district management association (DMA) is a not-for-profit entity governed by its own board of directors, which performs many District day-to-day management functions. The 2017-18 BID charge was $55,742.

Key Findings

• The Council did not enter into a written agreement with the DMA or monitor the manner in which the DMA used BID funds.
• City officials did not maintain adequate records to properly account for BID funds.
• BID charges exceeded the statutory limit for 11 of the past 13 years by a total of approximately $464,000 or an average of $42,000 each year.

Key Recommendations

• Enter into a written agreement with the DMA.
• Monitor BID financial operations especially the manner in which the DMA uses BID funds.
• Levy BID charges in compliance with the statutory limit.

A New York State comptroller’s audit of the City of Batavia’s relationship with the Downtown Batavia Business Improvement District mandates City Council to assume greater control of the agency’s financial matters.

That was the word from both Council President Eugene Jankowski and Interim Manager Matt Worth at tonight’s City Council business meeting at City Centre Council Chambers.

“Basically, the state has supported what we said in the past (that Council needed more oversight of the BID) and lays down some ground rules going forward,” Jankowski said. “This has been going on for a couple years; we should have caught it sooner.”

See NYS Local Government and School Accountability audit summary findings posted above this story.

Worth said the audit addresses several procedural issues, particularly in the areas of budget oversight and retention of the BID’s funds.

“It deals with who should take possession of the funds and requires that a more formal contract between the City and the BID needs to be created,” Worth said.

The City and the BID were at odds for some time into the second half of 2016, stemming from the City’s contention that the agency’s 2016-17 assessment budget exceeded the General Municipal Law limits for district assessment charges used for operations.

Jason Molino, city manager at the time, also urged the BID to follow Open Meetings and Freedom of Information laws, and to post its bylaws and meeting notices and minutes on its website.

The dispute simmered in a public forum, eventually prompting Laurie Oltramari to resign her position as BID director (although she said the budget flap did not enter into her decision).

Since then, the BID Board of Directors has changed as has the director, with Beth Kemp taking over the lead role in November 2016. Additionally, the City -- in a move supported by the audit -- has more than $200,000 in a special account (BID taxes that were levied inappropriately) that will not be used until the agency plans a capital improvement project.

A call to Kemp this evening had yet to be returned when this story was posted.

In other action, Council:

-- Approved a contract with R.A. Haitz Co. Inc., of Batavia, for $49,838 to replace two roofs at Dwyer Stadium, with the intent of having the work done prior to the opening of the Batavia Muckdogs’ season in mid-June.

“I think it’s great that we finally found someone from Batavia that can do some work in Batavia,” Council Member Rose Mary Christian said.

The cost comes in at $1,838 over the projected budgeted amount, but Worth said he thinks the City could save money on some other projects at the baseball park “so it comes out in the wash, so to speak.”

The Haitz bid was not the lowest of the three received, however. A $28,800 bid from Dan & D.J.’s Reasonable Contracting, of Elba, was not considered because that firm miscalculated insurance costs related to the project, Worth said.

-- OK'd a liquor license request by the Muckdogs to offer beer and cider during the New York-Penn League games.

-- Voted to contract with Labella Associates in the amount of $12,000 for administrative services in connection with a Communities Development Block Grant to replace 900 linear feet of water mains on a portion of Brooklyn Avenue.

-- Passed a resolution designating four eligible census tracts – in Ward 2, 3, 5 and 6 – as federal qualified opportunity zones.

This gives developers federal tax incentives to reinvest capital gains in areas designated as “disadvantaged” by virtue of having 20 percent or higher poverty and a median family income 80 percent less than the area’s median income.

The resolution states that “coupling opportunity funds with the locally enacted Pathway to Prosperity tax increment financing program may assure cleanup of brownfield sites, gain new investor commitments to Batavia, and will ensure that our region can be an attractive economic driver creating jobs, building tax base and increasing population …”

-- Was informed that two part-time janitors have been hired to work at the City Centre Mall but a full-time maintenance worker has not been hired yet.

Council Member John Canale reported that a mall merchant commented that she noticed people working in the mall and “appreciated” the City’s effort to improve what has long been a tenuous association between the merchants and the City.

A two-car accident with unknown injuries is reported on Route 98 at Lockport Road, Elba.

Elba fire and Mercy EMS dispatched.

UPDATE 8:17 p.m.: There are injuries. Elba is responding from Alexander, where crews were in training. Barre is being put on standby.

UPDATE 8:26 p.m.: Fire police requested to shut down Route 98 at Old Orchard Road.