Jeremy Ives is going to have 15 years, in the words of Judge Melissa Lightcap Cianfrini, to contemplate the kind of person he is.

Is he the kind, intelligent, and articulate person of his letters to the court and his appearances in County Court, or is he the man a jury of Genesee County residents said committed a horrible act on Aug. 12, 2022? 

Ives was convicted on May 12 at the end of a jury trial of two counts of attempted assault in the first degree and menacing. The jury found that Ives had threatened two people with a shotgun.  

In the incident, one person was reportedly injured as a result of Ives firing one shot in the area of 2 Elm St., Batavia.

Since his arrest, through the trial, and into Friday's court appearance, Ives has maintained his innocence. 

Assistant District Attorney Will Zickl, who prosecuted Ives, said that one reason Ives deserved the maximum possible sentence on his conviction was his failure to express remorse for his actions on Aug. 12, 2022.

"He's demonstrated he's a danger to the community," Zickl said. "He's expressed no remorse. He's taken no responsibility for his frankly brutal actions."

Zickl said Ives has only spoken in general terms about his conduct, saying he's sorry -- primarily expressed to his family -- in a letter to the court for his behavior.

Joseph Lobosco, the defense attorney, said it wasn't exactly fair to expect Ives to say he is sorry while he is planning an appeal on what he believes is a wrongful conviction.

"He shouldn't be put in a position of needing to express remorse for something he believes he didn't do," Lobosco said.

Zickl said the maximum sentence available, 15 years, wasn't enough. Lobosco asked for the minimum term for his client.

Then Lobosco read a letter from Ives to the court dated June 6.  

He expressed his "absolute love" for his family, and said his family extended beyond his blood relations to anybody who had ever helped him in life.

"My family are the people that hold the strongest pieces of my heart that help me focus on my relationship with the gods and the other members of my bloodline and family. My honor is loyalty, and that is my oath, and that is my pride. Concentrating on my family and my faith is what helps me daily in my strive to find inner peace," Ives wrote.

He mentioned his mental health issues, struggles with addiction, and a traumatic brain injury and said he thought he had been doing well with the help of his doctors and medication. 

"The issues that I have written about have affected some of the people in my life in negative ways, in different degrees," he wrote. "I have to write these words to these people instead of speaking the words to them and looking into their eyes because of self-inflected situations, but I want each and every one of you to know and believe in your hearths that I am sorry. I apologize for the wrongs I have done."

"I'm a good man, and I love you all with all of my heart," he added.

He promised to return from prison with a greater determination to be good to his family.

"I pray to Odin and all the gods above us to help make me the best man I can be, the best father I can be, the best son I can be, the best brother I can be, and hopefully, the best husband I can be," he wrote. "Over the years, and in the past, I have fallen short of being those things.

"To all the people involved in my life, I swear on my honor I will not allow my addictions or my afflictions to negatively affect my life or my decisions ever again. I will return to my life after this situation more focused than ever before."

After Lobosco finished reading the letter, Ives spoke up for himself.  He wanted to address something he saw as a bit of misinformation from Zickl. Zickl criticized Ives for claiming to love his children when, during the pre-sentence investigation, he told an interviewer he didn't know where two of his children currently live.

Ives said he has children aged two to age 25.  His two oldest children graduated from college while he has been in custody and he hasn't been able to stay in regular contact with them. That's the only reason, he said, he doesn't know where they are living at the moment. 

During the discussion about long-term orders of protection, Ives asked that he be allowed to contact a woman who has children that he considers to also be his children, though he is not the biological father. Cianfrini said if the woman wants to contact the court to modify the order of protection, she could, but Cianfrini said she was issuing a full stay-away order of protection. 

Ives also asked for no order of protection for a friend who has helped him during the legal process, but Zickl spoke with the victim's advocate, who was in court for sentencing, and that person reportedly asked for a temporary order of protection to become long-term.

Cianfrini did modify one order of protection to allow Ives' parents to contact a person in order for them to retrieve Ives' personal belongings.

The order of protection will be in place for the length of the sentence imposed by Cianfrini plus eight years. The sentence is for 15 years plus five years post-release supervision.

Cianfrini told Ives his was a perplexing case.  He's obviously well-spoken and intelligent, able to advocate for himself, and he has a reputation, which came out at trial, for doing unbidden kind acts for others, such as installing handrails on a stairway that had no handrails.

And though he is mindful that he maintains his innocence and is planning an appeal, he was convicted of a horrific act.  He also has five prior DWI convictions and a weapons conviction in Florida.

Those two versions of Jeremy Ives don't fit together, she said.

"You're going to have to reconcile which Jeremy Ives you are going to be when you get out of prison," Cianfrini said. "It's completely up to you as to who you are going to be. You can be the person who does good deeds or you can be the person who commits these kinds of crimes. Only you can make that decision."

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) slammed the Majority’s recently passed legislation that would make it illegal to organize, sponsor, conduct, promote, or participate in any contest, competition, or derby where the objective is to take wildlife (A.2917). This would include bans on hunting competitions for coyotes, rabbits, and other animals. 

The legislation, which passed the state Assembly this (Wednesday) afternoon, had a Senate sponsor from Buffalo and an Assembly sponsor from Manhattan, which provided a further example of legislators from city regions exercising power over New Yorkers in rural areas such as Western New York. 

Hawley is frustrated that rural communities are once again having their voices silenced.

“This anti-hunting bill is yet another example of out-of-touch, big city legislators imposing their will on our constituents,” said Hawley. “This is the same tactic that was used by big city lawmakers on the mandate of overtime pay on our farm workers. This proposal would not only be damaging to our rights as New Yorkers, but its effects on our local agriculture and animal population control will have negative consequences. The Majority needs to start considering the needs of ALL New Yorkers, not just those in the cities.”

Press Release:

A Statement from Assemblyman Steve Hawley (R,C-Batavia) on the Extended End of Session:

“Albany Democrats have once again shown their inability to address New York state’s most pressing issues. Not only did they needlessly extend this year's legislative session, forcing us to spend more time away from our home districts, but they also did nothing to address the current migrant crisis in our state, the growing unaffordability we see all around us, and the increased public safety risks in our communities. The Majority instead focused on passing extreme bills such as the pro-criminal Clean Slate Act and making it easier for hardened criminals to overturn their convictions. The Majority's agenda has done little to help our state and shows just how out of touch they are with the needs of New Yorkers.”

Press Release:

Congresswoman Claudia Tenney (NY-24) and Senator Joni Ernst introduced a bicameral resolution to designate the week including June 23, as National Women’s Sports Week. 

The resolution marks the 50th anniversary of the passage of Title IX on June 23, 1972, and celebrates the growth and success of women’s sports.

Additional co-sponsors of the legislation include Senators Roger Wicker (R-MS), Cindy Hyde-Smith (R-MS), Lindsey Graham (R-SC), James Lankford (R-OK), Rick Scott (R-FL), Marsha Blackburn (R-TN), Kevin Cramer (R-ND), Marco Rubio (R-FL), Katie Britt (R-AL), Mike Braun (R-IN), Ted Cruz (R-TX), and Representatives Ralph Norman (R-SC), Nancy Mace (R-SC), Scott Franklin (R-FL), Debbie Lesko (R-AZ), Randy Weber (R-TX), Mary Miller (R-IL).

National Women’s Sports Week recognizes female athletes — past, present, and future — for their participation and achievement in sports. It celebrates the contributions of individual female athletes in the United States, especially since the passage of Title IX in 1972, and honors the coaches and parents who support female athletes. 

The resolution also calls on Congress to protect equal access to athletic opportunities for female athletes.

June 23, marks the 50th anniversary of the passage of Title IX, federal legislation that prohibits recipients of federal funding from discriminating based on sex. Title IX opened athletic opportunities for women and girls, guaranteeing them the right to equal athletic opportunities. 

Since the adoption of Title IX, there has been a 545-percent increase in the percentage of women playing college sports and a 990-percent increase in the percentage of women playing high school sports.

“At a time when women’s sports are under attack, we must celebrate the remarkable progress we have made since the passage of Title IX and stand united to protect the future ability of women and girls to compete fairly in sports,” said Congresswoman Tenney. 

“I am honored to join Senator Joni Ernst in introducing a bicameral resolution that supports the designation of an official 'National Women's Sports Week.' As we celebrate this week, we reaffirm the importance of protecting Title IX and recognize the countless benefits that come from women’s active participation in sports. I urge my colleagues to support this resolution and join us in celebrating National Women's Sports Week. Together, we can continue to uplift and inspire the next generation of female athletes, ensuring a bright future for women's sports across our great nation.”

“We cannot and will not allow our daughters to be erased,” said Senator Ernst. “Doors that were opened over 50 years ago are being slammed in the faces of girls across the country because of the progressive left’s radical gender ideology. I’m proud to work with Rep. Tenney to recognize the achievements of female athletes during National Women’s Sports Week and will continue standing arm in arm with Riley Gaines, Paula Scanlan, Payton McNabb, and countless others in their fight to safeguard life-changing opportunities for women and girls.” 

"Independent Women's Forum conceived of National Women's Sports Week because we see how the importance of female athletics is being denigrated in our culture. During a recent Senate Judiciary hearing, Senator Durbin scoffed at the idea that anyone should be concerned that something as trivial as "women's field hockey" would be sacrificed. He may not think so, but we know that female athletes matter. That opportunities for women to strive and succeed matter. We know that women's sports are worth fighting to preserve. Thank you Senator Joni Ernst and Representative Claudia Tenney for being such leaders in standing up on behalf of the women and girls competing today, and future generations of female athletes," said Carrie Lukas, Independent Women's Forum President.

Press Release:

Oxbo is expanding its presence and product portfolio in the hay and forage industry, through acquiring H&S Manufacturing in Marshfield and Clintonville, Wisconsin. The acquisition is designed to foster high-quality, customer-focused product innovation, to ensure customer service, and to strengthen the Oxbo and H&S position in the global hay and forage market.

“H&S products complement Oxbo’s industry-leading hay and forage merger product line; adding H&S to Oxbo’s hay and forage business allows us to better serve our mutual customers now, and in the future,” commented Joe Perzia, COO of Oxbo.

“The H&S high quality products, dealer network, manufacturing facilities, and dedicated management and employees supplement our existing hay and forage business and will help us grow in this critical market
segment,” stated Roel Zeevat, Oxbo’s CEO.

“We knew an acquisition by Oxbo would deliver enhanced value for our customers. Oxbo’s commitment to reliability, innovation, and customer service are a perfect fit for H&S products and customers,” commented Chris Heikenen, former owner of H&S Manufacturing.

Over the last 30 years, Oxbo has continued to grow through acquiring manufacturers in specialty agricultural markets. With each acquisition comes Oxbo’s commitment to drive customer value through innovative products and industry-leading customer service. 

“The acquisition by Oxbo is an exciting next step for the H&S brand; I’m confident Oxbo’s customer-focused mindset will benefit our customers as we grow the business together,” said Craig Harthoorn, president of
H&S, who will remain onboard and manage the newly expanded hay and forage business unit for Oxbo.

With the addition of H&S, Oxbo continues to Optimize farming together and aims to be the clear customer choice in the hay and forage market.

H&S will continue operating at its existing facilities. Customers will continue to purchase products and parts from their existing H&S or Oxbo dealer.

Going forward, and in partnership with its dealer network, Oxbo will further optimize the offering for its customers in all regions served. “We are committed to serving our valued customers,” said Zeevat.

Oxbo operates seven additional manufacturing facilities around the globe including its global headquarters in Roosendaal, the Netherlands, and operates 13 sales and service locations.

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) is holding his Annual New York State Assembly Summer Reading Challenge to help encourage good reading habits and continued learning this summer. 

This year's theme is "All Together Now," in cooperation with Summer Reading at New York Libraries. All students in grades K through 5 living in the 139th Assembly District during the 2022-2023 school year are eligible. 

Students who pledge and complete reading for at least 15 minutes each day for at least 40 days during the months of July and August will be presented with a New York State Excellence in Reading Certificate from Hawley.

“I’m excited to announce this challenge for the kids in our communities,” Hawley said. “Reading is an incredibly important part of any child’s education and I hope this challenge will instill the value of learning in them. I know this is a great opportunity for our kids, and it will be a great way to kick off the summer.”

This year, Summer Reading Calendars were sent to students at all schools and libraries throughout the 139th Assembly District. Track your child's progress on the Summer Reading Challenge with the calendar. Once your child has completed the challenge you can mail your summer reading calendar to my District Office and receive a certificate for your child's achievement. 

Mail to:

Assemblyman Steve Hawley

121 N. Main St.

Suite 100

Albion, NY 14411 

For any parents and guardians who would like a copy of the 2023 Summer Reading Challenge Calendar, you can download a copy and print one out by visiting https://assembly.state.ny.us/mem/Stephen-Hawley/story/106139

A “significant bridge replacement project” to the tune of six figures is about to shut down a portion of Wortendyke Road for up to two months beginning Monday, Genesee County Highway officials say.

The project, funded by a grant agreement to accept $50,000 of county Soil and Water Conservation District grant funds matched by existing county funds, will replace Culvert 8G on Wortendyke Road in the Town of Batavia.

Classified as a large span culvert — metal culvert structures that span in excess of 40 feet — the project will require a temporary closure of approximately six to eight weeks between South Main Street Road and State Route 33, county officials said.

County Highway Superintendent Tim Hens had recently recommended that the county Legislature — via the Public Service and Ways & Means committees — execute the grant agreement and modify the capital project, making the appropriate budget amendment to allow for the matching funds.

The county Soil and Water Conservation District offered the grant to implement Best Management Practices with the installation of large-span culverts, and, per the resolution, “the grant agreement provides $50,000 to be matched by existing county funds allocated to the large-span culvert capital project."

Two young men were seriously injured on Thursday evening when their respective pickup trucks collided head-on in the area of 232 Main Road, Town of Pembroke at about 5:31 p.m.

Zachary Miller-Barillari, 19, of Williamsville, was airlifted by Mercy Flight to ECMC and Jacob Brainard, 25, of Browmansville, was transported by Mercy EMS to ECMC.  

According to the Genesee County Sheriff's Office, the preliminary investigation indicates that Brainard was driving a 2019 Dodge Ram eastbound on Route 5, and Miller-Barillari was traveling west in a 2002 Ford F-350.

Brainard's vehicle was apparently in the middle of the roadway and took corrective action to get back into the eastbound lane of travel. Miller-Barillari directed his pickup truck into the eastbound lane of travel. 

The two trucks collided head-on in the eastbound lane and then continued off the south shoulder of the road where they came to rest in a ditch.

Both operators required extrication from their vehicles.

Pembroke Fire and Indian Falls Fire responded to the scene along with Mercy EMS.  Corfu Fire assisted with traffic control and a landing zone for Mercy Flight.

The cause of the accident is still under investigation by the Crash Management Team.  Patrol officers assisted at the scene.

Previously: Accident reported on Main Road, Pembroke

Photos by Howard Owens.

Press Release:

On June 21 at their annual year-end picnic at DeWitt Park, the Genesee County Interagency Council presented a $1,000 educational scholarship to LeRoy High School graduate Ava Gephart. Ava plans to study Social Work at Nazareth College this fall.

Scholarship applications were accepted from all Genesee County High Schools. Applicants were required to be in good academic standing, and plan to major in the fields of Human Services, Social Work, Sociology, or Psychology.

The mission of the Genesee County Interagency Council is to create fellowship and understanding among community human service agencies. The council helps to identify community issues and encourages the development of resolutions.

For more information about Genesee County Interagency Council please contact President Lisa Smith at (585) 344-2042 ext. 4237 or email Lisa at Lisa.Smith@co.genesee.ny.us

Photo submitted by Lisa Wittmeyer.

A mail carrier whose route includes South Main Street in Batavia is "the hero of our office right now," said a local manager of the Post Office in Batavia.

The name of the carrier has not yet been released by the U.S. Postal Service, but the manager said this isn't the first time the carrier has stepped up in an emergency. This winter, she called 9-1-1 after a man on her route stuck his hand in a running snowblower.

At about 2:45 p.m., the carrier was outside 152 South  Main St., Batavia, when she heard a woman inside screaming, according to a witness. The carrier entered the house where a pitbull mix was attacking a home health care aide and its owner.  The carrier deployed her pepper spray and stopped the attack.

A female occupant of the house was not injured.

The dog was secured in a bedroom of the residence, and 9-1-1 was called.

Both the health care worker and the male occupant of the home were seriously injured, but Sgt. Mitch Cowen, Batavia PD, said the injuries are not considered life-threatening. One patient was transported to Strong Memorial Hospital for treatment, and the other to Erie County Medical Center.

The dog, Steve, was removed from the home by animal control officers while being restrained by poles and taken to the Genesee County Animal Shelter.

Cowen said the fate of the dog depends on the outcome of a police investigation. They will check records to determine if there have been prior reports of the dog acting in a vicious manner. Officers will also conduct interviews to determine if the dog has exhibited vicious behavior previously. 

An area resident who passes the house frequently said he's often heard a dog inside barking.

Nearby neighbors said they've seen the dog outside but have never seen it act in a vicious manner.  They said they've seen other visitors to the house, including health aide workers, and they weren't aware of any issue with the dog on prior visits.

As commander of the Le Roy Botts-Fiorito American Legion Post, grandpa to two grandchildren, an avid golfer, and Kiwanis Club president and race chairman, Dave Rumsey’s retirement hasn’t exactly been idle.

But leaving his post as commissioner of the Wyoming County Social Services for 17.5 years, followed by commissioner at Genesee County for another five years, has given him plenty of opportunity to “catch up doing things I didn’t have time to do,” he says.

Add to the list his role as race director for Batavia Kiwanis Club's annual Independence Day 5K. He looks forward to increasing participation to at least last year's numbers for the event on July 4. 

"We hope to get at least 117, as of today we're up to 35. They keep going up by about 10," he said to The Batavian Thursday.

The Stafford native and Le Roy High School grad went to serve in the U.S. Navy for 20 years before returning to this area, where he has remained to build his career. 

Carla Mindler filled the vacancy, and faces the same challenges that Rumsey did for those two decades: a shortage of affordable housing, healthcare issues, “they just keep continuing on,” he said.

“Nothing really major, the same stuff, a different day,” he said to The Batavian. “The staff is wonderful, they provide a valuable service to the county.”

Once he was in as president of Batavia Kiwanis Club, serving as race director last year wasn’t that much of a stretch, he said. “It’s a two-fer.”

The club struggled during COVID’s pandemic protocols, offering a virtual 5K in place of its regular in-person race throughout the city on the Fourth of July. That didn’t go so well, he said. But members rallied, and last year they secured 117 participants for the annual  race.

“And we’re off and running,” he said, no pun intended.

People are trickling in to register for this year’s event, with about 35 signed up so far. However, Rumsey and former race director Dave Chua know that’s always par for the race course, they said: runners often wait til the last moments to decide, check out the weather, feel that runner’s energy, and go for it.

Are you ready? A gun start is at 9 a.m. July 4 on Richmond Avenue, at the top of Centennial Park in front of the state School for the Blind. Prizes will go to the top first and second male and female runners, while proceeds are going to worthy causes.

As usual, the proceeds will be divvied into thirds, and this year’s recipients are the Books For Babies program, Batavia City School District’s Foundation, and Kiwanis Club’s various children’s organizations.

The city school Foundation's donation "directly impacts our Batavia Community Schools' Heart of Kindness Center," Community Schools Coordinator Julia Rogers said.

"The Center (formerly Community Closet) is supported through donations to the BCSD Foundation, Inc. The portion of proceeds we receive from the Kiwanis 5K will go towards food items and paper products which we order for our food pantry through FoodLink NY in Rochester," Rogers said.

For the price of $25, you can get some early exercise, a race T-shirt, fresh air, camaraderie, help benefit at least three charities, and then enjoy the rest of the holiday. The 5K is for runners and walkers alike. 

As for Rumsey, he used to be a runner, but his knees have given way to walking at this stage in life, he said.

After the race, he will enjoy some time with family at a lake get-together. As a veteran, he is well aware that the Fourth of July is about “Independence Day.”

“It’s a day that the way we live and how we live is because of what our forefathers did,” he said. “We’re an independent country.”

To register and for more details, go to Kiwanis Independence Day 5K. 

A possible three-car accident is reported in the area of 249 Main Road, Pembroke.

It may be blocking.

Unknown injuries.

The caller was a passerby and not involved.

Pembroke Fire and Indian Falls Fire along with Mercy EMS dispatched.

UPDATE 5:18 p.m.: A chief on scene reports, not blocking. Three vehicles. Debris in the roadway. Checking on injuries.

UPDATE 5:21 p.m.: Heavy extrication required with two vehicles. Corfu requested to the scene to set up a landing zone for Mercy Flight.

A woman was reportedly attacked by a dog on South Main Street, Batavia, and sustained multiple injuries.

The dog is secured at this time.

City Fire and Mercy EMS dispatched.

UPDATE 2:50 p.m.: A second person may also have been bitten.

UPDATE 3:48 p.m. by Joanne Beck: Two people were bitten. A home health care aide had entered 152 South Main St., Batavia and was attacked by a pit bull mix. A male resident attempted to intervene and was also bitten. A mail carrier heard screams, according to a witness, and entered the residence and maced the dog to stop the attack.

One patient was taken to Strong Memorial Hospital and another patient taken to Erie County Medical Center. They had serious but non life-threatening injuries.

Batavia Downs Gaming rode the Kentucky Derby and Preakness to a record-setting month of May when it comes to credits played by its patrons and net win, according to the chief financial officer of Western Regional Off-Track Betting Corp.

Jacquelyne Leach, speaking at today’s WROTB board meeting at the Park Road facility, said credits played – the amount of money put into the gaming machines – hit $95,294,821, the most ever during May. Furthermore, the net win – what’s left in the machines after paying out the customers – hit $6,994,850, also a May record.

“From January through May, we’re up $19.1 million or 4.3 percent in credits played from 2022 and up $3.4 million or 11 percent in net win,” Leach reported. “It’s very positive.”

As far as distributions to WROTB’s 17 municipalities, Leach said $1.7 million has been generated during the first two months of the second quarter (April and May).

“We’re waiting on the month of June, which is shaping up to be a very good month, too,” she said. “So, we’ll have distributions over $2 million to our municipalities. That's very healthy. And then year to date, we are over plan by potentially $1.2 million in earnings distributions. Our surcharge distributions, year to date, are $292,000. And that's about 8 percent over plan.”

Leach explained that 49 percent of the net win goes to the New York Gaming Commission for educational purposes and administrative fees. Batavia Downs Gaming keeps 51 percent, and allocates it to the Western New York Harness Horsemen’s Association for purses and the breeders’ fund, to capital projects, debt, marketing, operating expenses and then to municipalities.

Earnings in June are bound to get a boost from the Rockin’ the Downs Summer Concert Series that gets underway Friday night with the Almost Queen tribute band.

The remaining lineup:

June 30 - Get the Led Out (Tribute to Led Zeppelin)

July 7 - Craig Morgan with Drake White

July 14 - Skid Row

July 21 - The Marshall Tucker Band 

July 28 - The Grassroots/ Peter Noone

August 4 - Don Felder (Formerly of The Eagles)

August 11 - Mike Delguidice (Tribute to Billy Joel)

6 West Avenue, Batavia. Super adorable and affordable, 2 bedroom ranch home in great city location! This home has everything you need right at your fingertips and nothing to do but enjoy! This home will surprise you with it's well laid out floor plan, giving you more room than square footage reflects! Cute and bright – enclosed front porch to enjoy quiet street, large open living dining combination, 2 bedrooms and bath with new Bathfitter tub and shower. All new interior windows helps with the inexpensive utility bills! Basement has been professionally waterproofed and comes with a transferable warranty -making great extra space for laundry and plenty of extra storage space! Besides being on great neighborhood Street this home sits on a great lot, with a deep private back yard! There is also a large shed with new roof for all your extras! This home offers a lot of bang for the buck and you truly could own this home for less than what most people pay in rent! This is definitely a home not to overlook!! Delayed negotiations until June 24th at 3:00 please allow 24 hours for life of offer. Call Lynn Bezon at Reliant Real Estate today.

With no one representing the “power block” of Erie and Monroe counties and the City of Buffalo, this morning’s meeting of the Western Regional Off-Track Betting Corp. board of directors was absent of any official business.

Instead, 12 of what in time will be 17 directors received updates on the various WROTB departments and listened on as Henry Wojtaszek, corporation president and chief executive officer, and Dennis Bassett, representing the City of Rochester, discussed the situation surrounding the potential placement of a full casino in the Flower City.

The City of Buffalo, along with the counties of Monroe, Erie, Cayuga and Schuyler, have yet to appoint their board members in light of a New York State-imposed directive to disband the previous board and change the voting parameters from a one-municipality/one-vote format to a weighted system based on population.

Since most of the voting power is in the hands of Buffalo and the two large counties west and east of Genesee, the board today did not have a quorum to conduct any business.

The 12 directors in attendance are holdovers from the previous board, except for Genesee County’s representative, former County Court Judge Charles Zambito. The Genesee County Legislature, in May, appointed Zambito to replace longtime board member Richard Siebert, who resigned after learning of the structural changes.

Speaking to The Batavian after the public portion of the meeting at Batavia Downs Gaming, Zambito said he’s had his eye upon joining the board for quite a while.

“It goes back to maybe part of my background (as) my family has been involved with the horses (harness racing) for years. And I spent time as a kid here -- sitting in the kiddie stands,” Zambito, 71, said. “I think it’s an important asset that we have, not just in Genesee County, but the whole area.

“It’s always been in the back of my mind to serve on the board. When Dick Siebert decided to leave, I’d be interested in doing it.”

When it was mentioned that he was coming in at a crossroads, so to speak, Zambito said, “Yeah, it’s going to be interesting.”

“Well, I’m a little concerned about the changes that were made, I mean. Obviously, it doesn't help Genesee County in the sense of the voting power or lack of power that we have. But you know, it could work. We'll see how it goes,” he said, adding that he found it strange that nobody was there representing all of the municipalities. “It’s not a good situation if you can’t operate as a board.”

Zambito briefly commented on the prospects of legal action by the rural counties which had their voting strength diminished. County Legislature Chair Rochelle Stein has said that Zambito’s legal experience was a factor in his selection.

“I've heard that there that there may be (litigation), but as of now, I'm not part of it,” he said. “So, I don’t know exactly what’s going on. But I think that was from our legislature’s point of view. We’ll see how it goes.”

An Elba native and resident, Zambito was the county attorney for 10 years prior to becoming a judge. He also served on the Genesee County Legislature, was an assistant district attorney and has been a lawyer since 1977.

CEO PROVIDES SENECA NATION UPDATE

Wojtaszek said the state Assembly finished its business for the year on Wednesday night, and lawmakers returned home without considering a bill to extend the gaming compact with the Seneca Nation, which would have included the placement of a casino in Rochester. He bemoaned the fact that negotiations took place by the governor, Senate speaker and Assembly leader without the input of local and regional stakeholders.

“That bill was passed by the Senate, but nobody really knows what’s in it other than some tidbits, such as the Senecas would pay 9.75 (percent in taxes) the first year, and contrast that with what we pay, 49 percent (to the New York Gaming Commission),” Wojtaszek said. “And even over the next 19 years, that would be 19 percent, and contrast that with our 49 percent.”

He said that Batavia Downs joined forces with union employees from Finger Lakes and Del Lago to protest the proposal during a rally in Rochester.

“It would clearly affect our businesses; certainly, reduce the employees that we have here … and, if you think about it, would probably mean the end of Batavia Downs,” he added. “If you lose 50 percent of your jobs, we do have fixed costs here. We put together a really nice package in terms of doing the construction of a hotel. You can't really keep up with that if you're going to lose half of your staff and can't that handle the people that are coming in here.”

Wojtaszek said if and when this issue resurfaces, he hopes that for more transparency in the process – calling for public hearings and an economic analysis, among other things. The current compact with Seneca Nation expires at the end of this year.

He also found it “incredible” that the state Senate voted overwhelmingly in favor of the bill (59-4) without knowing all of the details.

“Now, the City of Rochester and the County of Monroe have weighed in – and maybe there are some places in the county – and it certainly seems as though the city is not interested in having it sited … They didn’t see the benefit from it,” he said.

Bassett emphasized the importance of supplying Monroe County and Rochester leaders with accurate data to take the emotional angle out of the picture.

“We have to be really prepared to provide the data,” he said. “I know that Rochester is pushing back because of all the … the elevated amount of crime in Rochester. The last thing we need is a gathering place such as this (but) I’ve got to believe this is years off, it is going to happen at all.

“But I think the leadership in Monroe County and Rochester is more irritated because you're going to do something in my backyard, and you don't tell me that you're coming. That is really the rub. At least, show me the courtesy to say he would like to do this in your home. And what do you think about it? What do your people think about it?

“And having not done that, that brings an emotional issue to it. And I think it's important for us to follow that emotional rub with what the true downside is from a data perspective.”

Along those lines, Wojtaszek said a consulting firm concluded that gaming in upstate New York is “clearly at the point of either saturation or oversaturation.”

A casino in Rochester would have to generate $800 million in “net win” to provide the same amount of money given to the state by Batavia Downs, Del Lago and Finger Lakes, he said.

“We combined for about $350 million to $400 million in net win, and we pay the state about $150 million. In order for them to pay $150 million, they gotta generate $750 to $800 million in net win. Think about that, because they’re only paying 20 percent; we’re paying 49. It's a staggering amount of money. Where are they going to get that from when they're already oversaturated?”

Previously: Assembly puts plan to build casino in Rochester on hold

After a brief discussion with County Attorney James Wujcik Wednesday, county legislators were in favor of taking legal action against the state due to the governor’s recent budget amendment that removed control from founding Western Regional Off-Track Betting counties and gave it to Erie and Monroe counties and cities of Buffalo and Rochester through weighted voting for all of the WROTB members.

“It’s a total disregard to the Home Rule,” Wujcik said Wednesday during the Ways & Means meeting.

When County Legislative Chair Shelley Stein first learned of the move to dismantle the current 17-member board and revoke the one-person, one-vote arrangement that has been in effect for 50 years, she wasn’t happy to say the least.

“I was not of the understanding, quite frankly, that this was going to be part of the budget,” Stein said in May. “That to me was a shock and a surprise. It is surprising the policy is so wrapped up in a financial document.”

She had several thoughts about how and who it could affect, and couldn’t help but conclude that the bill reinforced a perception that “only New York City matters” to the big players in Albany.

On Wednesday, legislators on the committee weren’t just bothered by the amendment, but also by the way in which it happened.

“So we’ve got to stand up and say that the way they went about this is not the way the legislation called for,” Legislator Marianne Clattenburg said. “To change a whole new legislation, there’s a process to go through, and we’re alleging that this process was not done.”

The lawsuit — which will likely involve a consortium of plaintiffs according to Wujcik — will be filed against New York State, the governor, Assembly, Senate, and any other party deemed necessary to bring full relief to the residents of Genesee County.

The committee approved the resolution, which will then go onto the full Legislature for final approval. It states that:

WHEREAS, Chapter 346 of the Laws of 1973 enacted to create regional off-track betting corporations, the Genesee County Legislature passed legislation, authorizing Genesee County to participate in the Western Regional Off-Track Betting Corporation (“WROTB”), and

WHEREAS, Resolution 172 of the Year 1973 states, “it is deemed advisable by the Genesee County Legislature that it is in the best interest of the people of Genesee County for our County to participate and become a member of the Western Regional Off-Track Betting Corporation,”

and WHEREAS, such 1973 legislation of the Genesee County Legislature specifically provided that it was subject to permissive referendum and shall become effective in accordance with Section 24 of the Municipal Home Rule Law of the State of New York, and

WHEREAS, on May 2, 2023 as a part of the New York State Budget, changes were effected through the 2023-2024 Budget process and amendments to N.Y. Racing Pari-Mutuel Wagering and Breeding Law 502, where control of WROTB was taken from the founding counties and given to Erie County, Monroe County, City of Buffalo and the City of Rochester through weighted voting by all of the WROTB members, and 

WHEREAS, Article IX, Section 2(b)(2) of the Constitution (the Home Rule Law) restricts the State legislature’s ability to act in relation to the property, affairs or government of any local government, the Municipal Home Rule Clause (NY Const, art IX, § 2 [b] [2]) allows the Genesee County Legislature to: 

Shall have the power to act in relation to the property, affairs or government of any local government only by general law, or by special law only (a) on request of two-thirds of the total membership of its legislative body or on request of its chief executive officer concurred in by a majority of such membership, or (b), except in the case of the city of New York, on certificate of necessity from the governor reciting facts which in the judgment of the governor constitute an emergency requiring enactment of such law and, in such latter case, with the concurrence of two-thirds of the members elected to each house of the legislature.

And, WHEREAS, it is unknown whether Governor’s message of necessity comported with the New York State Constitution, in particular, article III, § 14. That provision requires that bills be “printed and upon the desks of the members” of the Legislature at least three (3) calendar legislative days before final passage (N.Y. Const., art. III, § 14); although, this mandate may be circumvented if the Governor “certifie[s] ... the facts which in his or her opinion necessitate an immediate vote” on the bill (N.Y. Const., art. III, § 14).

It is unknown whether any facts are stated by the Governor in a certificate of necessity that form the basis in her opinion that necessitated an immediate vote, and, WHEREAS, the New York State Court of Appeals recognized in Matter of Moran v. La Guardia, 270 N.Y. 450, 452 that “To repeal or modify a statute requires a legislative act of equal dignity and import.” Nothing less than a Home Rule Message from a majority of the founding counties will suffice, i.e. “the doctrine of Legislative Equivalency.”

The doctrine of legislative equivalency has uniformly been applied with respect to the modification and or amendment of prior legislation, and, WHEREAS, none of the founding counties, especially Genesee County, the home County of WROTB, enacted Home Rule Messages requesting that N.Y. Racing Pari-Mutuel Wagering and Breeding Law § 502, be modified and/or amended, and never authorized a relinquishment of control of WROTB to Erie County, Monroe County, City of Buffalo, and City of Rochester, and

WHEREAS, Batavia Downs is located in the Town and City of Batavia in a residential area and this is an important quality of life issue for the host County of Genesee to not be negatively impacted by any change to the Board of Directors make up, and 

WHEREAS, the Ways & Means Committee has reviewed request and approves such recommendation.

In another revision, the state has tentatively moved to alter county elections so that positions would be up only on even-numbered years. That law would take effect on Jan 1, 2025, which leaves the question of when county elections would take place — prior to that or in 2026, County Manager Matt Landers said.

There would still have to be polling sites and workers, so there would be no cost savings, but the theory is that less elections would encourage more voters to come out, he said. Municipalities could realize a cost savings if all entities could participate instead of just the county, he said. It’s not a done deal just yet.

“The governor has to sign it,” Wujcik said.

After the meeting, the committee went into an executive session to discuss “proposed, pending, or current litigation.”

Landers did not respond to request for comments later on Wednesday.

For a time tonight, Kibbe Park was the site of a medieval battle on Wednesday evening.

Members of a Combat Historia, a group of medieval reenactors who stage non-historical battles, met for the first time in Batavia.

The four men came from Batavia, Rochester, and Buffalo.

Eddie Grosskopf got both groups going after moving to Batavia from Florida. 

"I started doing this back when I was 13, Grosskopf said. "Originally, I came out to a park and saw a bunch of kids hitting each other with foam weapons. I was gonna make fun of them at first, and then they offered for me to come out, and I've been doing it since then. When I moved up here, I was like, 'Wow, there's not a lot of this up here. I'm gonna sucker these people into doing this.' 

Joining him at Kibbe Park on Wednesday evening were Darnell Johnson, from Rochester, Brandon Winchell, from Buffalo, and Andrew Stangl, from Wales.

The Rochester group currently has 12 members, and with some recruiting, Johnson expects it soon to have 20 members. The Buffalo group is about a month old and has 15 members.

While only four members turned out for the first Kibbe Park meeting, Grosskopf said the goal is to use the park as a place for members of both the Buffalo and Rochester groups to meet each Wednesday, and he expects participation to grow.

The focus of the two groups is on the medieval Mongol Empire -- the time of Genghis Khan, the conquest of China, the conquest of the Middle East, and Eastern Europe.

Stangl said Grosskopf kept after him to join after he came across the group at a ComicCon, and since he's been practicing martial arts since he was six, it seemed like a good fit for his interests.

Johnson said it's about more than just reenacting battles. There is a historical aspect, too, that is fascinating. 

"You see the clothing that we wear," Johnson said. "It is representative of Mongol clothing. This is typical Asiatic steps armor. So I had to go through the process of learning what type of armor they use, the different lanyard patterns and how to actually make it and then source the material and then build this whole thing myself."

Grosskopf said Combat Historia offers a fun activity, a chance to learn and a community. Since the local groups are affiliated with the national non-profit Combat Historia, the group also does charitable community work. 

To join, he can be reached at 585-664-4461, or the group can be found on Facebook.

Photos by Howard Owens.