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Assemblyman Steve Hawley (R,C-Batavia) recently announced his mobile office hours for August 2024.
As a public servant, being accessible to the public is one of Hawley’s highest priorities. The assemblyman’s staff members will attend the office hours, and they will be ready to help any constituent with their needs.
“I want to encourage everyone to visit whenever they wish to. My office is ready to take your calls and help address your needs,” Hawley said.
The office hours are as follows:
Genesee County at GCC 1 College Road Technology Building, Room T124 1:15 p.m. to 3:15 p.m. Tuesday, Aug. 6, 2024
Registration is now open for the 2024-25 Faith Formation Program at Resurrection and Ascension Roman Catholic Parishes in Batavia. The parish families are excited about this continued joint venture to share our Catholic faith with our families and children.
All sacramental preparation classes (Reconciliation, First Communion, and Confirmation) will be offered as well as enriching faith programs for the entire family.
Classes will begin on Sunday, September 8 at 10:30 a.m. Mass at Ascension Parish in Batavia, followed by lunch and teacher/family meetings. Come and join us and grow your faith as a family!
The Genesee County Highway Department would like to inform the public about an upcoming road closure on Upton Road in the Town of Batavia.
Beginning Monday, August 12, the road will be closed to all traffic for approximately 8 weeks. The existing culvert will be replaced to improve water flow under the road and ensure its long-term sustainability.
The project will take place on the north end of Upton Road, between Pearl Street Road(Route 33) and Rose Road.
During this time, this portion of Upton Road will be closed entirely to traffic, including public and emergency vehicles.
The Genesee County Economic Development Center (GCEDC) board of directors has approved final resolutions for Graham Corporation’s $17.6 million expansion in the city of Batavia and GE Bergen Owner, LLC’s $43.6 million project in the town of Bergen at its board meeting on Thursday, August 1, 2024.
Graham Corporation proposes to build a 28,867 square-foot commercial production facility. The $17.6 million project will create 24 new full-time equivalent (FTE) positions while retaining 367 FTEs.
Graham Corporation requested sales tax exemptions estimated at $383,546 and a property tax abatement estimated at $298,427 based on an incremental increase in assessed value.
The proposed incentives are estimated to generate $19.5 million in wages/benefits and revenues for local governments generated by the developer over 10 years. The project would generate a $42 return on investment for every $1 of proposed incentives.
GE Bergen Owner, LLC proposes to build a 196,000 square-foot manufacturing facility at Apple Tree Acres. The $43.6 million project will be leased to an end user and will create 60 new FTEs and retain 140 FTEs.
GE Bergen Owner, LLC requested sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million via payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000.
"The GCEDC is pleased to continue to support the growth of our home-grown companies," said GCEDC President and CEO Mark Masse. "These projects strengthen the diversity and vitality of our manufacturing industry and generate more rewarding careers for our community."
The proposed incentives are estimated to generate $41 million in wages/ benefits and revenues for local governments generated by the development over 10 years. The project would generate a $13 return on investment for every $1 of proposed incentives.
The project is pending, subject to receiving incentives from Empire State Development Corporation.
The GCEDC Board also advanced initial resolutions for two community solar farm projects in LeRoy.
FFP NY LeRoy Project1, LLC and FFP NY LeRoy Project2, LLC represent a total $20 million investment and will generate up to 7 megawatts of power through the installation of ground-mounted solar panels.
FFP NY LeRoy Project1, LLC’s proposed $13.5 million project would generate $4,000/megawatts (AC) + a 2% annual escalator of revenues with the Town of LeRoy, Genesee County and LeRoy School District. The project also includes a host agreement with the Town of LeRoy and is estimated to generate a $566,261 increase in property-tax type revenues to the host municipalities.
FFP NY LeRoy Project2, LLC’s proposed $6.5 million project also would generate $4,000 per megawatt (AC) + a 2% annual escalator of revenues with the Town of LeRoy, Genesee County and LeRoy School District. The project also includes a host agreement with the Town of LeRoy and is estimated to generate a $229,119 increase in property-tax type revenues to host municipalities.
A public hearing for the proposed project agreements will be scheduled in the town of LeRoy.
Contrary to an assertion by Dennis Bassett, chairman of the board for Western Regional OTB, Erie County officials believe a request to add an Erie County representative to the CEO search committee is timely.
On Wednesday, The Batavian received a copy of a letter sent by Erie County Executive Marc Poloncarz to Bassett asking that Timothy Callan, currently representing Erie County on the OTB board, be appointed to the board.
A spokesman for Poloncarz, Peter Anderson, claimed Erie County wasn't informed a search committee was formed until this past week.
"This request is not late," Anderson said in response to a set of email questions from The Batavian. "Dr. Callan was only informed of the hiring process at last week’s OTB meetings, and he briefed the County Executive earlier this week. The process has been opaque to many of the corporation’s directors, including Dr. Callan."
The Batavian recorded the motion's reading at the June meeting, which was read by Elliott Winter, Niagara County's representative on the board. The motion states, "Dennis Bassett is authorized to execute the renegotiation contracts for the corporation and to immediately assemble a search committee."
Callan's "no" vote is also recorded, confirming his presence at the meeting.
Anderson did not respond on Thursday for clarification of his response, given the contradiction in timelines.
The letter from Poloncraz touted Callan's high-level government experience as a qualification for inclusion on the committee but did not specify any private-sector business experience.
Anderson said there is no need for business experience to hire a chief executive.
"Erie County is a nearly $2 billion annual operation, which Dr. Callan has overseen both as deputy budget director and deputy comptroller," Anderson said. "Western Region OTB is not a private business and is, in fact, an NYS-regulated public entity. It is ludicrous to insinuate that a lack of private-sector business experience precludes Dr. Callan from the search process."
More than $1 billion passes through Batavia Downs annually, generating more than $86 million in revenue and leading to a profit of more than $10 million paid to municipalities.
Bassett has repeatedly promised, as board chair, to run Batavia Downs as a business, given the importance of its remaining competitive in the marketplace, so it can continue to generate profits to the benefit of its shareholders (the municipalities).
In early July, Bassett told The Batavian, "There are a number of municipalities that need Batavia Downs to be successful," Bassett said. "I mean, their budgets need for us to continue to generate revenues for them so we can help them do things that they would like to do in their own municipalities. They are not interested in us playing politics. They need for us to make good business decisions. As long as I'm the board chair and I will be chair for the next three and a half years, we are going to look at the right business decisions and how we can move this organization forward. And that's not going to be politically motivated."
Bassett, a Democrat representing Monroe County on the board, has a solid business background. In 2021, he retired as the director of Customer Operations at Ortho Clinical Diagnostics in Rochester. He's held various executive-level positions at Bausch and Lomb and Eastman Kodak Company.
The Batavian suggested that Poloncarz’s letter could be read to express a lack of confidence in Bassett and that he wasn't qualified to run the search committee. We asked what defect with the current committee Erie County is trying to cure with its request.
"The current committee lacks representation from the corporation’s largest member, Erie County," Anderson said. "As noted above, Western Region OTB is public, quasi-governmental entity, and Dr. Callan is a known subject matter expert in governmental management and financial procedures."
On Wednesday, Bassett said Callan will participate in the hiring process when he votes on a candidate to fill the CEO role.
Bassett has pledged not to let politics enter into the CEO hiring process, even promising not to inquire about the party affiliation of candidates. The Batavian asked Anderson if Poloncarz/Callan/Erie County was willing to make the same pledge.
Anderson did not make such an explicit pledge, and he did not respond to a follow-up email requesting a more explicit pledge.
He said in his first response, "Erie County’s objective is to find the most qualified candidate possible to lead Western Region OTB for the purposes of maximizing returns to the taxpayers of Erie County. Period."
After the June meeting, The Batavian emailed Callan to ask him why he voted against the buyout/search committee resolution, and he did not respond. So we asked Anderson why Callan voted against it.
"There continue to be outstanding legal and ethical questions regarding the golden parachutes authorized for Henry Wojtaszek and other senior Western Region OTB officials," Anderson said. "Such buyouts are not considered a best practice and, in fact, are illegal for NYS ABO-regulated entities."
Bassett, under the advice of the OTB legal council, has publicly stated that Western Regional OTB is not an NYS ABO-regulated entity.
Anderson is apparently referring to NYS Public Authority Law Section 43-A, which deals with severance packages for at-will employees of public authorities and limits the payout of any severance to three months of salary.
Bassett said Western OTB is a public benefit corporation organized under the NYS Racing, Pari-Mutuel Wagering and Breeding Law and, therefore, not subject to the Authority Law.
"The severance pay limits only apply to employees under Chapter 43-a," Bassett said. "The same is true of Henry Wojtaszek. As such, the New York State Severance Pay Limitations Act does not apply to Mr. White Miss Leach or to Mr. Henry Wojtaszek."
Anderson said the payouts are not a "best practice" in the business world. Bassett, with 51 years of corporate experience, says they are. (This reporter has received two contract buyouts as an executive with corporations during his career, and in both cases, when adjusted for inflation and relative executive positions, they were comparable to the buyouts offered to the OTB executives.)
In New York, all authorities, not just OTBs, similar to private businesses, are authorized, if not expected, to operate as businesses and follow standard business practices based on a ruling in a 1958 lawsuit, Civil Service Forum vs. New York City Transit Authority.
Authorities have the power to do all things "necessary or convenient to carry out its purposes," and "unlike other agencies performing governmental functions, (the authority) is required to run the transit system like a business, in that its facilities must be operated on a self-sustaining basis. Recognized business practices should be permitted."
In 1976, the Office of the Comptroller issued an opinion regarding the Suffolk Regional Off-Track Betting Corporation and came to the same conclusion.
The establishing statute for OTBs gives the board the power to "appoint officers, agents, employees ... and to fix their compensation ... and to "make contracts ... and execute all instruments necessary or convenient to accomplish its corporate purposes."
In a follow-up email, The Batavian asked Anderson to address contradictions between his statement and the evidence of standard business practices, as previously reported, but he has not responded.
Zak and Abby Jantzi, the first married couple to combine for wins in both the male and female divisions in the GLOW Corporate Cup. Photo by Howard Owens.
Zak and Abby Jantzi, representing Bontrager Auction and Real Estate, on Thursday, became the first married couple in GLOW Corporate Cup history to combine for wins in the male and female divisions.
Zak, who also won in 2023 and placed second in 2022, finished in first place with a time of 16:15. Abby topped all female competitors with a time of 20:41.
"We love this race," Zak said. This is, I think, our third year. Bontrager has been really competitive with it. I feel like it's sort of like the main event on our calendar. We're both post-collegiate runners, so just doing community events is really great for us. It's something that, as a couple, we really enjoy to run and train, so it's really just a great event to enjoy."
The first GLOW Corporate Cup was in 2014. It is a fundraiser for the YMCA. Besides the race, the event features a picnic in Centennial Park, called After GLOW, with each participating company setting up a tent and sharing in a meal.
More than 800 runners and walkers signed up for the event this year, said key organizer Steve Tufts, a broker with a primary corporate sponsor, Merrill Lynch.
"I'm really thrilled that we're practically back to where we were (before the pandemic)," Tufts said. "We didn't have a race in 2020. Most races across the country took about 40% hit on participation. We only took 20% in 2021. ... We're looking for it to be another record again next year."
There is no accurate count on how many people were present for the After GLOW, which includes company employees who didn't run and family members, but this year's music entertainment, the Fleetwood Mac tribute band Songbirds drew an unprecedented crowd—at least 100 people not affiliated with any of the participating businesses. No previous bands have anywhere near that draw.
"Our first responsibility is to raise funds for the YMCA," Tufts said. "They're the beneficiary of all our efforts. So, our goal is to make sure we raise adequate funds (for the Y). The secondary goal might be, as you said, benefit to the general community, whether it's a free concert or whatnot. There is no Picnic in the Park any more. Maybe that'll come back some day. I think people miss that. And maybe live music. Maybe there's another company out there in the Batavia/GLOW region that would like to take on another project. We certainly encourage other companies to do something."
With Abby Jantzi's win, an interesting streak among female winners was broken. It's the first time since at least 2015 that a woman with a name other than Kimberly won the female division.
Kimberly Mills has won the race seven times, including in 2023 (Abby finished second in 2023 and 2022). Kimberly Vona, with Batavia Downs, won in 2018 and 2017. Mills did not run this year nor in 2018. She came in second in 2017. Records for the 2014 race are not available online and The Batavian, in its coverage of 2014, did not include the name of the female winner.
In the male division, Zak joins two other men who have won in consecutive years. Collen Mulcahy won in 2016, 2017, and 2018. John Schnitter also recorded consecutive wins in 2019 and 2021 (there was no race in 2020).
YWCA of Genesee County Executive Director Jamie Rada, left, and volunteer Judy Fuller. Photo by Howard Owens.
There have been a few homes for My Sister’s Closet at YWCA of Genesee County over the years, and a new leadership not only celebrated the latest venue that accommodates more clothing but also frees up space for additional staff and offerings, Executive Director Jamie Rada says.
Rada was hired in September 2023 with a personal and professional goal to support and improve the lives of the most vulnerable populations, a goal she has begun to manifest through a community food pantry, an expanded clothing and accessories closet and additional prevention educators for the Batavia agency.
“So the purpose of this move was that Pathstone used to be down here, and when they moved out, it was double the space of the closet that we used to have. So that gave us the ability to increase the amount of clothing we have, and help more women in the community. The great thing with this closet is none of the money that supports domestic violence went to the renovations. Jagged Edges, who is here today, donated the money for us to redo this closet,” Rada said Thursday during a ribbon-cutting ceremony at the North Street site. “And also what this does by being down here, it gives us the opportunity to use the old closet for crisis counseling services and prevention education. So we'll be able to help more people in the community.
“We've been told by a lot of people that crisis counseling is something that's really needed in this community. So we just got a grant for that. We're very excited,” she said. “And we just got a grant for prevention educators. So we'll have a couple of new staff that will be going in the old closet (space). And then where My Sister's Closet clothing was, where we would do the drop-offs, is now a Community Food Pantry. So that is opening August 16.”
The agency will work with Foodlink to supply the food pantry and, in turn, the community. Rada estimates that this will assist 200 to 250 families a month.
As for My Sister’s Closet, Rada describes it as “a consignment store,” but one that doesn’t look or smell like you’re walking into a secondhand shop.
“It looks like a boutique,” she said. “Because a lot of the people who come here may have a lot of other stuff going on in their lives, we want them to feel dignified, we want them to feel like this is a nice place to come. So anybody from the community is welcome to come. And we do have many people who come into the community to shop here.
“But also any women that are in our program for domestic violence, they shop for free. We help them with outfits for interviews. If they're going to try to get a job, we help them because a lot of times, women will come here with nothing but the clothes on their back if they're trying to get out of a situation,” she said. “So we always help them with new clothes as well. So that's why this closet is so important to us.”
Amanda Lowe and her team at Jagged Edges Salon in Batavia donated the funds for a closet makeover, and salon staff was on hand to help with the grand reopening.
Judy Fuller, one of YWCA’s 2024 Women of Inspiration award recipients honored for volunteering many hours coordinating and managing My Sister’s Closet, lovingly calls the place “my baby.”
“It helps the community, it helps women get back on their feet, and it helps DV women. It’s here for them, and they come in and get very slightly used or brand new clothing for free or at a good price.”
She enjoys the direct customer interactions and helping out women who stop by to shop, Fuller said.
“It makes me feel good that they can come in, and it gives them some feeling of pride like they’re not being charities to them, that they’re actually getting something at My Sister’s Closet,” she said.
For hours and more information, go to ywcagenesee.org.
2176 Clinton Street Road. For the first time on the market, this 3-bedroom, 2-bathroom Ranch home offers 1,960 sqft of living space. Features include poured concrete foundation walls, newer septic lines, brand new LTV flooring, and a wood-burning fireplace with a newer sleeve. The property spans 5.64 acres and includes a pond. Also on the property is a heated 24x48 pole barn with electric and water. Enjoy the expansive outdoor settings in ALL seasons on this perfect country homestead.
The organizers of the GLOW Corporate Cup are happy to announce that nearly 800 participants have registered in this year’s event. The 5K run/walk will start on Thursday, August 1st at 6:00 pm.
Motorists and residents should be aware that Ellicott Avenue will be closed off to through traffic between Washington and Richmond Avenues from 12:00 to 8:00 pm.
Richmond Avenue between Prospect Avenue and State Street will also be closed from 5:00 – 6:15 pm for the race start.
Automobiles are encouraged to be parked in driveways along the entire course so that runners and walkers can pass unobstructed.
The search process for a new president and CEO of Batavia Downs is too far along to add another board member to the search committee, said Western OTB Board President Dennis Bassett in response to an inquiry from The Batavian.
Erie County Executive Marc Poloncarz sent a letter to Bassett on Wednesday, which a Poloncarz spokesman shared with The Batavian, asking that Timonty C. Callan be added to the search committee.
Callan is Erie County's deputy comptroller and Erie County's representative on the OTB board. He has been kept apprised of open and closed sessions, which Bassett agreed, gave Callan every opportunity over the past few months to request inclusion on the board.
"I have worked hard to put together a search committee over several sessions and I feel comfortable that we have a solid process in place," Bassett said. "I have shared with the entire board and kept the board apprised of our progress. The board is the final decision maker of who we elect to be president and CEO."
He added, "I don't think at this late stage should change players or add more players to the search committee. I'm going to stay with the team that I have."
In his letter, Poloncarz suggested Callan should be appointed because Erie County is the largest weighted voting member of the OTB board.
Poloncarz also seems to indicate he doesn't have confidence in the current search committee.
"Filling such a critical role requires a serious regional and nationwide search to find a skilled, reform-minded individual who can lead OTB into the future as the organization competes against the rapid growth of online sports betting and the decline of the horse racing industry," Poloncarz wrote.
He touted Callan's background in government service but did not mention any qualifying business experience.
"Dr. Callan's expertise and experience, including as the executive director of my transition team and participation on the search committee to hire the new State University of New York at Erie Community College president, make him well suited to enhancing and professionalizing your search," Poloncarz wrote. "Not including Dr. Callan in your search process not only does a disservice to all the members of OTB, but to the taxpayers of every constituent municipality."
Bassett said he wouldn't speculate on why Poloncarz would weigh in on the composition of the search committee so late in the process.
"I really want to deal with facts and want to make sure we stay steadfast, that our process has transparency, that we go through our process and put the right candidate in front of the board and then vote on who is the most qualified individual," Bassett said.
"I took great care," he added, "to select board members who would aid this process, and I thought I did a pretty good job of that. Though he wasn't on the selection list, I respect Mr. Callan's opinion, and he will, as a large voting block of the board, have a chance with the board to decide who is the next president and CEO."
"We are looking for people who can take Western OTB to the next level," Bassett said during that interview. "Henry Wojtaszek is on the right side of the aisle, and I'm on the left side of the aisle. I have the utmost respect for Henry Wojtaszek and the way he ran this organization. We're looking for solid business people."
Bassett, a Democrat representing Monroe County on the board, has a solid business background. In 2021, he retired as the director of Customer Operations at Ortho Clinical Diagnostics in Rochester. He's held various executive-level positions at Bausch and Lomb and Eastman Kodak Company.
"I have been a part of several high-level searches of senior executives in my 51 years in corporate America and on boards outside Western OTB, and I think we are capable of conducting a national search in a very timely and effective manner," Bassett said earlier this month.
The other committee members are Mike Horton, Steuben County; Mark Burr, Cattaraugus County; Ed Morgan, Orleans County; and Elliott Winter, Niagara County.
While Batavia Down's revenue and returns paid to municipalities have grown substantially during Henry Wojtaszek's tenure as president and CEO, the period has also been striven with controversy, from questions about health care plans for OTB board members, the distribution of tickets to sporting events, and Wojtaszek's bookkeeping for a company-provided vehicle. Wojtaszek has said in numerous interviews over the years that these issues have been resolved or corrected.
At a June board meeting, the majority of board members backed a resolution to provide Wojtaszek, CFO Jackie Leach, and VP of Operations William White with severance packages. This is essentially a buyout of contracts that will terminate their employment before the previously negotiated employment contracts expire.
The lone no vote to terminate the employment contracts early came from Callan, which is a vote he has not explained and he did not respond to an email from The Batavian in June asking that he explain the vote.
Erie County Democrats have claimed the contract buyouts violate state law, but Bassett has previously explained that they are citing the wrong section of New York authorities law, and the buyouts under the enabling legislation for OTB make the buyouts legal as a standard business practice.
Board President Dennis Bassett said on Wednesday that he will no longer require people attending Western Regional OTB meetings to recite the Pledge of Allegiance.
"I would like to say I erred and that I respect the First Amendment," Bassett said.
His decision to tell attendees that they needed to stand for the pledge and place their hands over their hearts or leave the meeting was something he had "no right to do."
"I'm just trying to be a good board chair and I made a mistake," Bassett said. "Not respecting the First Amendment was a mistake on my part."
The Pledge of Allegiance was written in 1892 by the socialist minister Francis Bellamy, who lived from 1855 to 1931. It was first published in The Youth's Companion later that year.
The Youth's Companion promoted the placement of flags in classrooms and placed more than 26,000 of them in classrooms near the close of the 19th Century.
The pledge wasn't included in the U.S. Flag Code until 1942. Prior to World War II, students were encouraged to recite the pledge at school with a hand raised toward the flag. During the war, citizens realized the salute was too similar to a Nazi salute, and the practice of placing the right hand over the heart began.
In addition to First Amendment concerns, requiring people to leave a public meeting for anything other than a closed session or disruptive behavior violates the state's Open Meetings Law.
Patrick Privatera of Village Physical Therapy has partnered with New England-based Cypress Health to form MVPT Physical Therapy. Submitted Photo
In an ever-changing business climate in the medical system, Patrick Privatera has rolled with the times since first establishing Village Physical Therapy in 1998 in Le Roy, opening an office in Wayne County in 2003, acquiring Sports Plus in 2009, moving into a third location in Batavia in 2014, and now, a decade later, making yet another move.
Privatera has partnered with Cypress Health MVPT, which became official this past week. Cypress has acquired his practice, while Privatera focuses more on his primary role as director of injury prevention services.
“That’s been full-time, and then I’ve also been managing three offices and running a business. So basically, two-thirds of my burden has been lifted off my shoulders because I have an organization in Cypress that’s helped us; it’s gonna help us do that. But then I get to focus on something that I’m more interested in clinically. So it’s kind of a win-win in that regard,” he said Wednesday to The Batavian. “In terms of selecting another organization to partner with and succeed us, I really feel like we couldn't have asked for a better fit than MVPT. I feel like we are very much aligned in our values and what we care about, which is just great patient care and being great community partners. I think that there are a lot of places, especially in physical therapy, that are just trying to do more of the same thing. And I think MVPT is really trying to, in every way, get better at doing what we're doing and not just do more of the same, but try and grow and develop as an organization and as individuals.
“I feel like we're very fortunate to create this partnership with an organization like that,” he said. I’m really excited—for our staff, for our patients and for myself.”
Most of his 28-member staff and hours at the Le Roy, Batavia and Wayne County sites have remained the same, except that Le Roy also included a fitness center that is no longer part of the new collaboration. Physical therapy is the primary focus, so Privatera worked with a local company, Ladies First Fitness, to take on many of his senior clients to avoid having any gap in services, he said.
His role will continue as director of injury prevention services, which means that he will examine company employees with a fresh perspective and evaluate their work situations to reduce or eliminate job-related injuries.
Doing that job while operating the business, with all of the pressures that come with it, has made being in business “a lot less fun,” he said, while handing off those detailed responsibilities makes it “a lot more rewarding.”
Cypress Health Partners launched a major expansion in New York State at the beginning of this year, extending its physical therapy services from throughout New England into Upstate New York.
Cypress Health partnered with Sports PT of New York and joined the MVPT Physical Therapy brand. Founder Lynn Steenberg, who was praised for continually demonstrating a commitment to delivering great access to care, fantastic patient experience and incredible clinical outcomes, is the regional director for the network of more than 120 physical therapist-owned and locally operated clinics.
Privatera had leased an office in Webster during the pandemic, and after he decided to let that go, Sports PT took it over, and he met up with Cypress Health Partners. They kept talking for about the next two years, and when it came down to it, “I had an awful lot on my plate,” Privatera said, including the realization of how many practitioners had put much thought into how to open a practice but then didn’t have a great exit, or retirement plan at the other end.
“I’m 51 now, so I'm not at retirement age, but I've watched a lot of people — there are a lot of physical therapists in this area that are probably 10 or 20 years older than me — and I've watched an awful lot of them never contemplate the possibility they wouldn't be doing what they're doing forever, you know. Everybody's got a plan to get into business, but they, a lot of times, people don't have a plan to get out of business and retire and all that kind of thing. And particularly when you're the owner of a practice, that can become difficult. So, I didn't want that to be my story, I didn't want to be in a position where I had to sell or I couldn't carry on,” he said. “And so … I had been trying to create a succession plan, basically what would happen when we were ready to step back. And, you know, I wanted to make sure I had given some thought and planned that so that we could do it on our terms when we were ready. And I think in Cypress, we found an organization that really shares our values, they're very community centered, they're patient care centered.”
Other factors included the cost of doing business, with labor prices going up, competition from larger healthcare systems getting swifter and hungrier—“gobbling up” the available workforce—and revenue from services about half what it used to be 20 years ago when you adjust for inflation, he said.
“The trend is payments are going down, down down, and labor is going up, up, up,” he said. “The payments for PT services in New York State is probably 30% below the the national average across the country. We should, by rights, have no difficulty hiring graduates (with the nearby colleges and universities) … but what’s happening is, as soon as these kids graduate, they get out of New York, they’re leaving because they can go and make, in some cases, twice as much money elsewhere. So it’s really, really hard to attract and retain good, young physical therapists for this area, even though there’s a plethora of academic programs churning them out.”
The upside is being able to still provide three sites — two local sites in Genesee County — with quality, trained staff and similar hours, he said. Not much has changed for the clients, other than a new logo and the removal of the fitness component to the Le Roy facility. That is “a loss for the community,” Privatera said, which is why he worked with the nearby Ladies First to accommodate his clients.
“That was important to us. And I’m trying to hire another therapist at the Batavia site, we’ve gotten really busy, and we’re looking to expand our staff there,” he said, giving a nod to his partner’s core beliefs. “Their mantra here is to basically say, hey, what do we need to do a really great job, and they want to support that. So, all the people behind the scenes that are based in Boston are really trying to help support us do a really great job with with our patients. I'm really excited about the resources that they will bring to our organization and our team. I'm just really excited about what we'll be able to accomplish together.
“I think there's a lot of upsides for this. I can certainly understand, especially in a small community like Le Roy and Batavia, where people would be understandably skeptical of a larger organization coming in,” he said. “But I think that this is a larger organization with a small-town focus. And I don't think people should be concerned in any way. In fact, I think they're really lucky to be able to have a resource like this in their back yard.”
MVPT Physical Therapy has locations at 5 Alva Place, Batavia, 3 West Ave., Le Roy, and 1218 Mayberry Place, Macedon.
Reed Marcum on the mound for Batavia in the sixth inning. Photo by Howard Owens.
The Elmira Pioneers entered the fourth inning of Wednesday's rain-suspended West Division championship game ready to hit.
Matt Misiti, who tossed three innings on Tuesday before the downpour started, returned to the mound and recorded only one out while surrendering three runs, giving Elmira a 3-2 lead.
On the regular season, Misti was 4-0 with a 1.36 ERA 34 strikeouts.
The Pioneers scored again in the fifth and added on two more in the ninth to take the division title 6-3.
Trevor Dutra, who homed on Tuesday as part of a Muckdogs two-run third inning and gave Batavia the lead before the rain started, was 2-3 in the game.
The Muckogs had a regular season record of 34-8 while Elmira was 24-18.
Elmira next faces the Amsterdam Mohawks (35-7 in the regular season) for the Perfect Game Collegiate Baseball League championship.
Since entering the league in 2021, the Muckdogs have finished 22-19 (third place), 30-15, 27-16, and this year, 34-8. This season represents the third straight year that Batavia has finished with the best record in the West Division.
Photos by Howard Owens
Photo by Howard Owens.
Skipper Joey Martinez heading to the mound in the seventh inning for a pitching change. Photo by Howard Owens.
The Genesee County Economic Development Center (GCEDC) board of directors will consider final resolutions for two manufacturing projects with proposed investments of $61 million and the creation of 84 new full-time equivalent (FTE) positions at its board meeting on Thursday, August 1.
GE Bergen Owner, LLC is proposing to build a 196,000 square-foot manufacturing facility at Apple Tree Acres in the town of Bergen. The $43.6 million project would be leased to an end user and will create 60 new FTEs and retain 140 FTEs.
GE Bergen Owner, LLC is requesting sales tax exemptions estimated at approximately $1.75 million, a property tax abatement of approximately $2.15 million via payment in lieu of taxes (PILOT), and a mortgage tax exemption of $366,000.
The proposed incentives are estimated to generate $41 million in wages/ benefits and revenues for local governments generated by the development over 10 years. The project would generate a $13 return on investment for every $1 of proposed incentives.
The project is pending, subject to receiving incentives from Empire State Development Corporation.
Graham Corporation is proposing to build a 28,867 square-foot commercial production facility in the City of Batavia. The $17.6 million project would create 24 new full-time equivalent (FTE) positions while retaining 367 FTEs.
Following the postponement of yesterday's game at the end of the third inning, the West Final resumes with the Muckdogs holding a 2-0 lead in the Top of the 4th.
The legal particularities of what evidence may be used at trial were the focus on Wednesday of a pair of hearings for defendants implicated in the death of Sgt. Thomas A. Sanfratello during a confrontation at Batavia Downs on March 10.
At issue is the legal sufficiency of a 710.30 notice, which refers to a portion of Criminal Procedure Law requiring the prosecution to provide notice to the defense of statements made by defendants to public officers.
The defense argues that District Attorney Kevin Finnell didn't provide enough detail in the 710.30 notice to alert them to which statements of their clients captured by police officer body-worn cameras might be used at trial.
County Court Judge Donald O'Geen pressed them on whether the detail they requested was really necessary, given that they received all of the body-worn camera footage obtained by the DA's office. He questioned whether it was realistic for the DA to be completely sure of which statements he might use at this state of the proceedings.
Both attorneys argued that the notices required more detail.
Finnell argued that he might very well use all of the video in question at trial, so the notice he filed provided sufficient information for the defense to prepare for trial.
The defendants are Michael J. Elmore and Lyndsey J. Wilcox. Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault (full list of charges at the end of this story).
Elmore is represented by Joseph A. Lobosco, and Wilcox is represented by Daniel Dubois and James Vacca.
The hearing on Wednesday morning was the next stage of the process that is likely to lead to criminal trials early next year for Elmore and possibly Wilcox (unless there is a plea agreement). At this stage, defense attorneys make motions, the people (prosecution) file their answering affidavits, then the judge hears limited oral arguments (the purpose of Wednesday's hearing) and then the judge reviews the motions and arguments and issues a ruling.
Lobosco also moved to dismiss the grand jury indictment against Elmore because, in his view, the DA asked too many leading questions (assertions rather than open-ended questions) during grand jury testimony.
"This tainted the entire grand jury process," Lobosco argued.
Finnell defended the grand jury testimony by noting that supposed leading questions were just drawing attention to portions of video and asking witnesses to affirm the accuracy of the video.
The other important issue for Dubois and Vacca in representing Wilcox was the validity of the burglary charge. The burglary charge is predicated on the assertion that a person remained unlawfully on private property after being asked to leave with the intent to commit another crime.
Vacca argued that a review of the surveillance video shows that Sanfratello confronted Elmore, Wilcox and a third party inside of Rush 34, one of the bars inside of Batavia Downs, and apparently informed them they needed to leave the facility. The video indicates Wilcox was cooperative and complying and is seen at one point, standing aside and laughing and joking with a female security guard. She then, he said, walks ahead of Sanfratello while being escorted out of the facility. Near the front door, there is, according to Vacca, an inadvertent brush of hands between Wilcox and Sanfratello.
Wilcox reacts to this and hits Sanfratello, so Sanfratello takes her to the ground and places her in handcuffs. It is after she is in cuffs that Elmore allegedly attacks Sanfratello.
Dubois argued that Wilcox should not be charged with assault based on the video evidence. That her actions constitution, at most, a violation of the harassment statute.
None of this, the attorneys argue, supports the assertion that Wilcox formed an intent to stay in the building in order to commit a crime.
Finnell countered that the action of Wilcox constituted resisting arrest and that her hitting Sanfratello became assault because he was a police officer conducting his official duties. He also argued that it isn't possible to know when Sanfratello's heart emergency, which eventually led to his death, started. It could have started, he said, during the confrontation with Wilcox.
O'Geen is expected to issue a ruling before the next court appearances for Elmore and Wilcox on Aug. 23.
Both defendants remain in custody.
Elmore was indicted by the Grand Jury on counts of:
Aggravated manslaughter in the first degree, a Class B felony. He is accused of intending to cause serious physical injury to a police officer and, as result, causing the death of a police officer;
Aggravated criminally negligent homicide, a Class C violent felony. He is accused of causing the death of Sanfratello with criminal negligence;
Assault in the first degree, a Class B violent felony. Elmore is accused of causing the death of Sanfratello while in the commission of another crime, burglary in the second degree;
Burglary in the second degree, a Class C violent felony. He is accused of knowingly entering a building unlawfully with the intent to commit a crime in the building and threatening to use or did use a dangerous instrument.
Elmore and Wilcox are indicted on counts of:
Burglary in the second degree, a Class C violent felony. Elmore and Wilcox are accused of remaining unlawfully in a building with the intent to commit a crime in the building and, while in the building, causing serious physical injury to another person;
Assault in the second degree, a Class D violent felony. Elmore and Wilcox are accused of causing physical injury to a police officer who was in the act of performing his official duties;
Obstruction of governmental administration in the second degree, a Class A misdemeanor. The pair is accused of trying to intentionally prevent a police officer from performing his official duty by means of intimidation, physical force, or interference.
Batavia Downs Gaming & Hotel has announced that as part of OTB’s 50th Anniversary Celebration, the corporation will be making the Tommy DeCarlo, Jason Sheff, and August Zadra concert, taking place on August 16, a show with free General Admission Tickets.
Those wishing to attend the concert can pick up their free GA ticket upon arrival at Batavia Downs inside of Park Place on Friday, August 16.
A fireworks show will also take place following the concert that evening.
Tommy DeCarlo became the lead singer of Boston in 2008 and has performed with them for 2 decades. Jason Scheff joined the band Chicago in 1985 as lead singer/songwriter/bass player and went on to perform thousands of live concerts worldwide spanning four decades during a non-stop touring and recording career with the multi-platinum band. Longtime Dennis DeYoung Band lead guitarist and singer, August Zadra, will be doing a mini set of Styx classics.
For those who already purchased tickets prior to today’s announcement, an upgrade table located outside of the Park Place room on Friday, August 16 will allow attendees to upgrade their tickets to the next section closer to the stage.
After working tirelessly to secure bipartisan support and announcing last week his decision to bring the bipartisan legislation to the Senate floor for a vote, U.S. Senate Majority Leader Charles E. Schumer today announced the Senate passage of the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0).
Schumer, who worked with families & advocates to garner support for this legislation, explained these bipartisan bills are the most robust federal tech reforms for children in decades, and will institute a set of safeguards, accountability, and privacy measures that shield children in New York and across the country from the harms created by social media companies and other online platforms. Video of Schumer’s floor remarks can be found HERE.
“I’ve met with families across New York and the country whose children and teens have been subjected to online harassment, bullying, and other harms. KOSA and COPPA will be perhaps the most important updates to federal laws protecting kids on the internet in decades,” said Senator Schumer. “This means banning targeted advertising to kids, providing parents with tools to protect their kids, enhancing privacy protections and giving families more options for managing and disconnecting from these platforms. I’ve heard from so many parents whose kids, sadly, took their own lives because of what happened to them on social media. To their everlasting credit, these parents, instead of cursing the darkness, lit a candle. They turned their grief into grace, and we worked together to help get this bill over the finish line, so that what happened to their families doesn’t happen to any others. To the parents and families that fought for this change, thank you. And that’s not from me as a Leader, or a Senator, but as a dad and grandpa.”
The Kids Online Safety Act (KOSA) will create more requirements for platforms to create a safe online environment for kids and teens. The bipartisan bill will:
Require platforms to give kids and teens the option to protect their data and opt out of algorithmic recommendations.
Allow parents to control how their kids’ information is used and require platforms to create a dedicated channel to report harmful behavior.
Obligate platforms to prevent and mitigate dangers to minors by limiting the promotion of harmful behavior such as suicide, eating disorders, substance abuse, and sexual exploitation.
Require independent audits to research how social media platforms impact kids’ and teens’ mental health and well-being.
The Children and Teens’ Online Privacy Protection Act (COPPA 2.0) strengthens online privacy protections for kids and teens. The bipartisan bill builds on the original Children and Teens’ Online Privacy Protection Act signed into law in 1998 which created protections for children under the age of 13, and will:
Prohibit internet companies from collecting data from users under the age of 17 without their consent, increasing the age from COPPA’s legislation.
Ban advertising that targets kids and teens.
Revise the requirement established in COPPA that obligates platforms to protect kids and teens if they have “actual knowledge” of their age, instead covering all platforms that are “reasonably likely to be used” by kids and teens.
Require companies to allow the deletion of data for kids and teens when possible by creating an “eraser button.”
Schumer has been a leading advocate for kids’ online safety and for months worked to overcome issues, senators blocking the bill, and address unintended consequences of the bills. Now, after working tirelessly to secure bipartisan support, Schumer announced today the Senate has passed both of these bills by a vote of 91 to 3.
The U.S. Surgeon General last month released an advisory about the impact of social media on youth mental health. The advisory revealed that youth who spend more than three hours each day on social media are twice as likely to experience poor mental health outcomes such as depression and anxiety, which is concerning because a study from 2021 showed that 77% of high school students in NYC spend an average of three or more hours each day in front of screens on school days. According to the Surgeon General’s advisory, 46% of youth said that social media makes them feel worse and 95% of young people reported using a social media platform, with more than one-third saying they used social media constantly. In addition, the report said that social media use is related to poor sleep quality, body dissatisfaction, disordered eating behaviors, social comparison, and low self-esteem. A Pew Research study from March 2024 also showed that 44% of teens said that their smartphone made them feel anxious and only 30% of teens said it helped their peers develop social skills.
A Wall Street Journal investigation showed that TikTok was showing minors hundreds of videos about drug use, and at least 20 children died as a result of an online social media challenge between Spring 2021 and Fall 2022. These experiences demonstrate the harmful impacts of social media on kids and teens and highlight the need for stronger legislation like what the Senate just passed.
The City of Batavia Police Department announced that the annual Community Night will take place on Monday, August 5 from 5:30 - 8 p.m. at the David M. McCarthy Memorial Ice Arena located at 22 Evans Street.
Batavia Downs Gaming and Upstate Niagara/O-AT-KA Milk Products are the Diamond Sponsors with all sponsor proceeds going to support the department’s K-9 program.
“We are very excited to conduct our annual Community Night at the ice arena as it gives us more space and flexibility and less disruption because of street closures,” said Batavia Police Chief Shawn Heubusch. “More importantly, the ice arena is a community gathering place which reflects the spirit of the event which is to build on the relationship between the police department and its citizens.”
Community Night is an annual community-building campaign that promotes strong police-community partnerships and neighborhood camaraderie to make safer neighborhoods. Various organizations and groups once again will be participating in the annual event which will include free food. There will be displays and other interactive activities both inside and outside the arena.
Among the Gold Sponsors include Chapin, Extended Sound, Grace Baptist Church, Ken Barrett Chevrolet Cadillac Inc., Mogavero’s Auto, and Tonawanda Valley Federal Credit Union.
Silver sponsors include Beverly’s Flowers and Gifts, Ficarella’s Pizzeria, Genesee County Economic Development Center, Genesee County Sign Shop, H.E. Turner & Co. Funeral Homes, Habitat for Humanity Genesee County, Horizons Health Services, Kiwanis Club Batavia, Main St. Pizza, Mercy EMS, Northside Deli, Perry Vet, Salmon Orthodontics, Southside Deli, Town of Batavia Fire Department, Toyota of Batavia, TShirts Etc., UConnectCare, and V.J. Gautier Constructors, Inc.
Bronze sponsors include Batavia Lions Club, Cedar Street Sales and Rental, and Pathstone Corporation.
For more information and for those interested in a sponsorship opportunity, should contact Batavia Police Department Detective Matthew Wojtaszczyk at 585-345-6357 or at mwojtaszczyk@batavianewyork.com.
AUTOMOTIVE MECHANIC CITY OF BATAVIA SALARY $25.54-$30.08 DISTINGUISHING FEATURES OF THE CLASS: Assignments in this Class require the exercise of specialized skills in tasks pertaining to the maintenance and repair of a wide variety of machinery and equipment used in public works activities, as well as to other vehicles owned or operated by the municipal employer. In smaller agencies, an Automotive Mechanic may exercise a degree of supervision over assistant mechanics or Equipment Operators performing minor maintenance and repair on equipment, with general supervision being received from a supervisor, superintendent, or other such official or designee. Does related work, as required. TYPICAL WORK ACTIVITIES: Repairs motorized and non-motorized equipment, such as trucks, tractors, mowers, graders, loaders, sweepers, rollers, compressors, and automobiles; Adjusts, repairs, and rebuilds gasoline and diesel engines; Repairs and replaces components of equipment, such as suspension systems, drive assemblies, brake systems, fuel systems, electrical systems, and cooling systems, and makes necessary adjustments to same; Carries out sanding, sandblasting, filling, painting, and related body-work tasks; Makes minor welding repairs; Operates drills, grinders, and other metal-working machines related to automotive repair functions; Performs preventative maintenance tasks which may include vehicle inspections; Attaches and removes snow plows, blades, and other attachments for motorized equipment; Maintains records of tasks performed, and other pertinent records; Requisitions parts and materials, to ensure adequate supply to maintain workflow; Acts as Equipment Operator, or wingman, as directed; May drive buses, cars, or trucks; May deliver fuel to job sites; Keeps shop area neat and clean. The above examples of duties are intended only as illustrations of the various types of work performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITY AND/OR PERSONAL CHARACTERISTICS: Thorough knowledge of standard automotive repair and maintenance methods; thorough knowledge of automotive repair terminology and tools; working knowledge of welding techniques; ability to make difficult repairs to heavy automotive and other mechanical equipment; ability to work from plans and specifications, and to follow rough draft sketches and oral instructions; good motor and hand eye coordination; manual dexterity. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is occasionally required to reach with hands and arms. The employee constantly is required to stand; walk; and use hands to finger, handle, feel or operate objects, tools, or controls. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, and the ability to adjust focus. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee is frequently exposed to wet and/or humid conditions. The employee is occasionally exposed to risk of electrical shock. The noise level in the work environment is usually moderate to loud. MINIMUM QUALIFICATIONS: One year of full-time paid experience as a skilled automotive repairman. SPECIAL REQUIREMENTS: Some jurisdictions may require appointees to receive and maintain certification as a NYS Motor Vehicle Inspector, within six months of appointment. SPECIAL REQUIREMENT FOR APPOINTMENT AND CONTINUED EMPLOYMENT: 1. Possession and maintenance of appropriate valid license(s), as required. 2. In school districts where incumbent may operate a school bus, possession of a valid appropriate level New York State Driver's License is required. 3. Drivers must be at least 21 years of age. NOTE: In addition, candidates must satisfy the requirements for School Bus Driver set forth in the Rules and Regulations of the New York State Commissioner of Education. Non-Competitive Class Civil Service Applications are due to Human Resources no later than October 18, 2024.
