A one-vehicle accident is reported in the area of 6817 Lewiston Road, Oakfield.

A car went off the road, and the caller reports the car is off in a field "quite a ways."

Unknown injuries.

Oakfield Fire and Mercy EMS dispatched.

UPDATE 11:44 p.m.: A first responder reports heavy damage.

UPDATE 11:46 p.m.: "Everybody's out of the vehicle," a first responder reports.

UPDATE 11:54 p.m.: No need for Mercy Flight. Two more basic life support ambulances requested to the scene.

UPDATE 12:15 a.m.: Three patients transported to ECMC.

Press release:

More than 600 students from 28 school districts from Genesee, Livingston, Orleans, and Wyoming (GLOW) counties experienced a hands-on healthcare career exploration event Friday.  Supported by business and educational groups and sponsors led by Platinum Sponsor ESL Federal Credit Union, the inaugural GLOW With Your Hands: Healthcare event took place at Genesee Community College.

GLOW With Your Hands: Healthcare was manifested from the annual GLOW With Your Hands: Manufacturing event that educates students through simulations and other hands-on experiences in the advanced manufacturing, agriculture, and skilled trades sectors on career opportunities available in students’ own backyards. 

“This event was such a special opportunity for our organization, with roughly 200 beds and six outpatient clinics within our health system, we are actively searching and hiring for the next generation of workforce candidates,” said David Kobis, Wyoming County Community Health System CEO. “Representatives from WCCHS participated in multiple hands-on workshops and a career fair where students were able to ask our team members about their roles and what it is like to work for our organization.”

The inaugural GLOW With Your Hands: Healthcare event welcomed dozens of healthcare organizations from various sectors of the industry, including hospitals and health systems and career opportunities in nursing, mental health, social services and first responders as well as educational pathways into healthcare through BOCES, local colleges, and universities.

“Based on our success of engaging the future workforce with employers across the GLOW region in the manufacturing, agriculture and skilled trades sectors, we were optimistic that this same type of format would benefit healthcare providers and more importantly students who have an interest in a career in healthcare,” said Angela Grouse, Education to Employment Director at the Livingston County Area Chamber of Commerce and Co-Chair of GLOW With Your Hands: Healthcare. “With the current staffing challenges in the healthcare system, especially in rural areas, vendors recognized the benefit of participating and engaged enthusiastically.”

Students received hands-on instruction and experience in first aid/CPR, nursing, caretaking, and other healthcare-related activities. The students were also provided information about secondary career paths such as physical therapy, complementary and alternative medicine, Doctor of Medicine, and more.

“Our planning team is comprised of dedicated individuals who want to provide our youth with opportunities of exploring future career paths that fit their talents and aspirations,” said Karyn Winters, director of the Genesee County Business Education Alliance Director and Co-Chair of GLOW With Your Hands: Healthcare. “Students will now be able to go back to their clubs, counselors, and classrooms and have an idea of what career path they could see themselves in and will be able to build upon the connections they have made as a result of this engagement with healthcare organizations.”

Various local and state-level officials and stakeholders participated in the event at Genesee Community College to learn more about initiatives the GLOW region is taking to prepare its youth for future career and employment opportunities. This event showcased why there is a need for investment in rural healthcare entities and the number of students interested in these careers.

To view or purchase photos, click here.

Photos by Steve Ognibene

It was Drive Your Tractor to School Day on Friday at Elba High School.

In the top photo, Superintendent Gretchen Rosalas joins Ty Reilly in his John Deere.  In the second photo, High School Principal Morgan Marcello in a student's Case tractor.

Photos by Debra Reilly.

A U.S. District Judge this week confirmed a prior recommendation by a federal magistrate to dismiss an alleged conspiracy lawsuit against Medal of Honor recipient David Bellavia by his former wife, Deanna King.

Bellavia is a former Batavia resident, and King, a media personality and broadcaster in Rochester, currently resides in Batavia.

The suit stemmed from King's arrest on Jan. 27, 2021, in Orleans County, by a District Attorney investigator, Corey Black, on a harassment charge.  In the lawsuit drafted by King's attorney, Nate McMurray, King alleged Black and Bellavia engaged in a conspiracy to have her arrested without probable cause as part of an effort to intimidate her during divorce proceedings.

District Judge John L. Sinatra, in affirming the recommendation of Magistrate Judge Jeremiah J. McCarthy, said that a complaint and an amended complaint filed by McMurray failed to prove a conspiracy.

"Moreover, the alleged conspiracy (in both versions of the complaint) lacks the requisite plausibility to survive a Rule 12(b)(6) motion, namely, in its reliance on factually-bare speculation about a supposed improper agreement based solely on a pre-existing relationship between Defendant Black and David Bellavia," Sinatra wrote in his ruling.

In the complaint written by McMurray, King alleges that Black and Bellavia are lifelong friends and share a political affiliation but does not offer any evidence that the two men concocted a scheme to have King arrested.

McMurray argued that Black falsely portrayed himself as a law enforcement officer and arrested King without probable cause.

In his motions objecting to McCarthy's dismissal recommendation, he provided the accusatory document filed in conjunction with King's arrest.  He argued under the language of the harassment statute, part of the definition of harassment is communication for "no legitimate purpose."   McMurray said King contacted Bellavia about obtaining a health insurance card for one of their children.

Concern for the health of their children during the pandemic, McMurray argued, was a legitimate reason for King to contact Bellavia.

The accusatory, apparently written by Black, states that King has been previously instructed not to contact Bellavia by telephone and that King used the phone of her son to call Bellavia "for the sole purpose of harassing and annoying him.  That said defendant stating (sic) her displeasure for (sic) an insurance card issue and stating (sic), 'I don't care where you are or if you're with your girlfriend.' All contrary to the provisions of the statute."

Except for any potential appeals, Sinatra's ruling removes Bellavia from the case. He is no longer a defendant in the suit. The other defendants in the case, alleged to have violated King's civil rights, are Orleans County, the Orleans County Sheriff's Office, the Orleans District Attorney's Office, Corey Black, and Deputy John Doe.

None of the other defendants have so far filed any motions in the case.

McMurray, an Erie County resident, campaigned unsuccessfully three times for a congressional seat that contained Genesee County.

Genesee Community College is pleased to announce that Benjamin J. Bonarigo Sr., Esq. will be the 55th commencement speaker for the college's graduating class of 2023. Mr. Bonarigo, a former trustee of GCC and a first-generation college graduate, will share his experiences and insights with the graduates during the ceremony which will take place on May 20 at 1 p.m. in the Richard C. Call Arena.

Born and raised in Batavia, Ben Bonarigo graduated from Batavia High School in 1975. He attained an Associate of Science Degree in Business from Genesee Community College (1977), a Bachelor of Science degree in Business Management from the State University of New York at Buffalo (1979), and his Juris Doctorate from the State University of New York at Buffalo (1982).

After passing the bar exam, he returned to his hometown and was the founding and managing partner of the Bonarigo & McCutcheon Law Firm, where he practiced law for 40 years and held various positions, including the attorney for the City and Towns of Batavia and the Village of Oakfield.

Ben was deeply involved in the betterment of his profession as President of the Genesee County Bar Association, a delegate to the N.Y.S Bar Association, a member of the Attorney Grievance Committee that governed the ethical behavior of attorneys, and a member of the Judicial Qualification Commission that screened and gave ratings to prospective judges.

Ben was an active member of his local community, serving on the boards of many civic organizations, including Notre Dame High School, Paulo Busti Cultural Foundation, Literacy Volunteers, Batavia Youth Football and the Holland Land Office Museum. He also coached little league baseball and football.

From 2011 to 2020, Ben served as a member of the Board of Trustees at GCC, where he was instrumental in the Capital campaign that raised over $5M that helped fund the college's Student Success Center, Richard C. Call Arena and numerous scholarships. He also advocated for a multi-phase renovation plan to College Village, GCC's apartment-style student residence.

Having retired from practice in 2020, Mr. Bonarigo resides in Batavia and Rushford Lake, NY and in Palm Harbor, Florida. He enjoys spending time with his wife of forty years, Diane, his three children and their spouses, and most of all, with his five grandchildren.

"I am honored to be speaking at Genesee Community College's commencement ceremony and to share my experiences with the graduating class of 2023," said Mr. Bonarigo. "I am proud of what the college has accomplished over the years, and I look forward to seeing the impact that these graduates will have in the future."

GCC President Dr. James M. Sunser stated, "We are thrilled to have Mr. Bonarigo as our 55th commencement speaker. His commitment to education and his contributions to GCC and the community make him an ideal choice for this special occasion."

Press release:

Assemblyman Steve Hawley (R, C - Batavia) joined a coalition of assembly members and district attorneys from across the state and on both sides of the political aisle, to call for an end to the dangerous ”Raise the Age” law that has been in place in New York since 2018. The law was designed to keep 16- and 17-year-olds arrested for violent felonies from being convicted of those felonies by keeping their cases in family court rather than the Youth Part of the Superior Court.

The felonies that fall under this category range from sex offenses to dangerous weapon offenses and even making terroristic threats. This law has provided a loophole for more organized crime by providing an incentive to recruit adolescents into their fold, as their sentences often end up being lighter and their records sealed in family court. Hawley wants to close this loophole.

“Violent crime is violent crime, plain and simple, and if adolescents are going to commit violent crime, they must face consequences,” Hawley said. “It’s an unfortunate feedback loop that kids are being indoctrinated into criminal activity because of the way the law is written to leave them facing minor consequences, and it falls to the state government to close that loop before more people get hurt.”

According to the Department of Criminal Justice Services, in 2021, only 257 of the 3,303 arrests of adolescents for violent crimes received a conviction. Those arrested include 112 cases of homicide, 80 cases for sexual offenses, 587 cases for firearm offenses, 691 cases for robbery, 213 cases for burglary and 20 cases for making a terroristic threat.

“This law treats the offender as the primary victim rather than those who are afflicted by the committed crimes. It is wrong to continue operating this state in this way. We must repeal Raise the Age,” Hawley concluded.

Press release:

Press Release:

The American Legion Auxiliary Unit #576 of Le Roy has selected a local High School Junior girl to attend this year's Empire Girls State the week of July 3rd at SUNY Brockport.

Victoria Rogoyski of Byron-Bergen Jr./Sr. High School has been selected to attend. As part of the premier ALA program, citizens of the New York Girls State will study local, county, and state government processes during this five-day nonpartisan political learning experience.

Victoria was selected to attend Girls State based on selection criteria through the Auxiliary unit and/or high school, which includes being in the top 1/3 of her class, along with consideration given to scholastic achievements, leadership, character, honesty and physical fitness. Her mother, Brandie Rogoyski, works for Le Roy Central School District. The Botts-Fiorito unit is happy to be sponsoring a girl with a local connection.

ALA Girls State attendees, known as “citizens,” receive special instruction in parliamentary procedure and organize themselves into two mock political parties. The young women then campaign, hold rallies, debate, and ultimately vote to elect city, county, and state officials. Once elected to office, delegates are sworn in and perform their prescribed duties. Attendees not elected to office are given appointments and visit the offices of those elected to share their viewpoints as citizens.

Every spring, approximately 25,000 young women across the country are selected to attend ALA Girls State programs in their respective states. Two outstanding citizens from each of the 50 ALA Girls State programs are then chosen to represent their state as “senators” at ALA Girls Nation held in Washington, D.C. in July.

A 21-year-old Batavia man accused of possessing a loaded firearm on school grounds turned over a short video -- under court order -- to the District Attorney on Wednesday that his attorney says will exonerate him.

The attorney, Zack Baisley, with an office in Gates, said his client authorized him to share information about the case with The Batavian after The Batavian reported his Grand Jury indictment on Thursday.

"My client is tired of seeing his name dragged through the mud for something he didn't do," Baisley said.

Delonta Rashid Sharif Curry was arrested in relation to an incident reported on Feb. 22, 2022, at 31 Washington Ave., Batavia, the location of St. Paul Lutheran School.  

Baisley was assigned to the case through the county's assigned counsel program (used when a public defender isn't available) to represent Curry.

Chief Shawn Heubusch declined to comment on the case given the ongoing nature of the investigation and pending criminal prosecution, and so far, Bataiva police have released little information about the case, so this narrative of events is based on information provided by Baisley without verification by Batavia PD.

At 8:30 p.m., according to Baisley, two girls went to the school grounds to fight, and there was a group of people there observing.  Two people, including his client, used their phones to video record the fight.

During the fight, somebody fired a weapon toward a group of people.  A person in that group, wearing a mask, returned fire.

No injuries were reported as a result of the incident.

Batavia PD investigators arrested Curry in October, and a grand jury indicted him this month on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. 

Baisley said his client had offered a snippet of the video he claims to have recorded during the incident, but police asked for the entire one-minute and 36-second video.  Curry declined to share the entire clip. In response to a subpoena, Curry and Baisley provided the entire video to the District Attorney.  Baisley believes Investigator Jason Ivison has since received the video and is reviewing it for evidence.

The video will show, Baisley said, along with a corroborating surveillance video from the school, that Curry was clearly not the person in the crowd with a gun.  He said Curry's voice can be heard on the video, and another person can be seen talking with him.  The surveillance, which was taken some distance from the incident, shows two people with phones making videos, and neither is the shooter. 

"I believe, ultimately, the DA will wind up dropping the case against my client," Baisley said.

Also arrested in connection with the incident was Lorenzo J. Baker, 19, of Batavia. Baker is facing a Grand Jury indictment on counts of attempted first-degree assault, three counts of second-degree criminal possession of a weapon and first-degree reckless endangerment.

He was arrested in April following a traffic stop that was followed by an Emergency Response Team raid of his residence at 36 Dellinger Ave. Officers reportedly found a loaded .32 caliber revolver in his possession.

City school taxes are expected to go up again this year.

School officials and board members seemed relieved that the increase was brought down from over 3 percent to a 1 percent increase, but it still potentially means an extra $22 a year in property taxes on a home assessed at $125,000.

The Batavia school board approved the proposed 2023-24 budget of $58.9 million with a tax levy of $19,888,991 during its meeting earlier this week. That levy is below the tax cap limit, and the budget is $4.1 million more than the 2022-23 budget, or 7.6 percent.

The Batavian asked Superintendent Jason Smith why the district has an increase at all, given nearly $4 million of additional revenues and recouping state Foundation aid after its absence the last couple of years.

“For context, our allowable tax cap is 8.42 percent, and the preliminary budget presented last week had just over a 3 percent levy increase.  Based on board feedback, the proposed levy has now been reduced to just over 1 percent.  There were a few factors driving this decision.  First, this budget calls for the addition of three school buses from our transportation contractor, which, if drivers can be hired, will reduce the time for our students (to be) on buses, which has been a source of community and family concerns and one which we have listened to,” Smith said.  “Second, our transportation contract will not be renewed at the end of next year, which means the entire contract is up for renewal and is subject to price increases.  We also fully expect the state mandate of electric buses and the related costs with this requirement to be passed down to districts by our future transportation contractor, further increasing costs. The district needs to plan carefully both now and for the future for these increased costs.”

“Additionally, we expect our tax cap for the 2024-25 budget to be negative, which would yield a tax decrease and reduced revenue, and the board and I are not interested in asking our voters to override the tax cap, which would require a 60 percent approval of voters, as opposed to a simple majority,” he said. “Seeking a just over 1 percent levy increase for the 23-24 budget will provide revenue for both the current and future needs of the district.

During this week’s board meeting, Rozanski brought up the option of leaving one or more of the six buses in the budget or removing them. He cut out three to show the cost savings and explained their need to the district. They would be helpful to alleviate some overcrowding on the current buses and, as Smith said, reduce the amount of time that students are on buses to and from school.

Board member Jennifer Lendvay questioned the validity of buying the buses if there aren’t drivers available for them, as Rozanski also indicated. As with employee shortages elsewhere, drivers have been difficult to find as well, he said. There were six buses in the initial budget, and three have been cut out for a reduction of $281,268.

The group ended up voting to accept the budget, which will be presented during a public hearing at 6 p.m. May 8 in the Superintendent’s Conference Room at BHS, 260 State St., Batavia.  District residents will then be able to vote on the budget, three propositions, and two board candidate seats up for election from 11 a.m. to 9 p.m. May 16 at your designated polling site.

A 1 percent tax levy increase was made by cutting $427,746 from the preliminary levy of $20,316,737 through attrition of not replacing four retirements (saving $209,478) and the reduction of three bus purchases, for a total levy of $19,888,991.

Personnel expenses are to increase by $736,084 from last year to $20,845,750, and teacher support is to increase by $587,644 to $7,049,255. According to 2022 data, the average teacher salary is $61,263, plus benefits.

Total contractual costs (general support and teaching, operations/maintenance, interscholastic athletic) are slated to increase by $1 million, for a total of 5,481,864; debt service payments are going up by $781,547; and Rozanski also put 8 percent inflationary costs on the hook for overall increases. Total salaries for the district for 2023-24 are $27,894,975.

“So these 8 percent numbers are big numbers, but they’ve been pretty consistent,” he said. “We also had three to six STA extra buses in the first draft of the budget, to go back to pre-COVID levels where Jackson buses were just servicing Jackson students, and John Kennedy buses, John Kennedy students, all contingent upon their drivers being available. We’re still in trouble, we still struggle to find drivers, not only with STA but our other contractors. So this is an area that was looked at as a possible reduction. So we took out three buses and what's presented tonight, buses and monitors, each cost about $70-some thousand.”

The third proposition of the May vote is to establish a capital improvement reserve fund for the purpose of financing in whole or in part the “acquisition, construction, reconstruction, expansion, renovation, alteration, and improvement of building, facilities, sites and real property” by the district for not greater than $10 million.

“This budget also addresses smart and conservative financial planning for future capital construction and maintenance needs for all of our buildings, Smith said. “Finally, and most importantly, this budget preserves our academic and extra-curricular programs.”

File photo of Student Transportation of America, the bus company serving Batavia City School District, by Howard Owens.

For the 14th year, middle and high school students from districts across Genesee, Livingston, Orleans and Wyoming counties got together in the name of technology to be part of the annual GLOW Region Tech Wars Thursday at Genesee Community College in Batavia.

Student competitors chose from nearly 30 available competitions to test their skills and showcase the results of basic but extremely intricate and innovative technology.

Well worn favorites were brought back, including Battlebot Soccer, Bridge, CO2 Cars, Logo Design Sculpture, Onsite CAD Drawing and Reverse Engineering CAD, Skimmer Cars, Sumo Bots, Tractor Pull and Trebuchet, and Lumber Labyrinth.

The 2023 event also introduced the Mini-Bot competition and brought back Skimmer Cars and Technical Drawing for the middle schoolers as well as other legacy events such as Catapult, Paper Airplane, Rube Goldberg, and Sculpture.

The Mystery Event was brought back by popular demand, allowing students to be creative and use their skills in an “on-demand” timed situation.

STEAM Jam for students in grades three through five allowed them to explore mind-stimulating activities in science, technology, engineering, arts and mathematics.

Tech Wars is among several dynamic programs giving students the opportunity to learn hands-on, often in business settings, and with industry professionals, organizers said. The ACE Program’s Career Pathways is committed to helping students explore career options and make a smooth transition from high school to further education and/or a career.

For more information about the various career exploration and dual enrollment opportunities and ACE-supported events at GCC, contact Ann Valento, GCC director of ACE programs at 585-343-0055, Ext. 6316 or amvalento@genesee.edu.

The complete schedule of events can be found here.  Final results are not yet posted.

Top photo is the SUMO Bot Alexander Team

To view or purchase photos, click here.

Photos by Steve Ognibene

The full budget model presented to the Oakfield-Alabama Board of Education this week includes an expected zero percent tax levy increase for the 2023-24 budget year. 

O-A Business Administrator Christine Griffin submitted the zero-percent number on March 1, which is in compliance with the state's tax levy cap on growth.

“And your average has been .89% over the life of the tax cap legislation,” Griffin explained. “I think you’ve done your due diligence as board members to present fiscally responsible, tax-friendly budgets to your community.” 

Griffin also reported that the state legislative budget is due April 1, when the district will see final numbers on state aid. There has been word that both the New York Senate and Assembly are proposing additional funding to support universal school breakfast and lunch. 

Total expenditures are expected to be $24,094,600.

The projected levy, including adjustments, such as Payments In Lieu of Taxes (PILOTs), is $5,947,473.

After the legislative funding is released, the O-A BOE will hear a final budget report at their April meeting, adopt a 2023-24 budget, and approve the property tax report card. There will be a May 9 budget hearing, and then the board will vote on the budget at the May BOE meeting. 

Telecommunications rooms in the Oakfield-Alabama School District received the worst grade among technology systems sections, according to the recent Technology Conditions Survey conducted for the district. The O-A Board of Education heard the TCS presentation at this month’s regular board meeting.

Overall, the survey prepared by consultants with Archi-Technology, graded O-A technology a 3.2 out of 4, a score that is “pretty good, all things considered,” according to said Mark Cazer, Project Manager at Archi-Technology.

The top grades in the survey went to student devices, teacher technology, and security systems. 

“Generally, most of the problems in all of the districts we have seen is going to be in those telecommunication rooms,” Cazer said.

The comprehensive survey looks at everything technology related, including network connectivity, security systems, communication systems, instructional technology, computing devices, and software subscriptions. The telecommunications rooms are graded as part of the survey of technology infrastructure - cables, pathways, and spaces. 

Cazer reported that most of the telecommunications rooms in the district need either to be relocated or upgraded to meet industry standards for size and accessibility, water threats, security, equipment grounding, and cable management. “TR fixes can be expensive,” Cazer said, citing one estimate of $500,000 for one of the TR fix recommendations. “Typically, you build it into a capital improvement plan.” 

Cazer then explained the final part of the report, which is a 10-year “road map” that shows how the technology upgrades and maintenance can be prioritized and funded over in the coming decade.

A 44-year-old man was killed in Alabama on Wednesday night after he was struck by a vehicle while in the roadway on Route 63, according to a Sheriff's Office news release.

The victim is identified as Richard Alan Jones, area of residence not disclosed. 

Jones, who was apparently crossing the roadway at 8:19 p.m., was struck by a vehicle driven by 67-year-old Vidal Chavez of North Main Street, Elba.  Chavez was westbound on Route 63.

A Genesee County Coroner pronounced Jones dead at the scene.

The Sheriff's Office Crash Management Team is investigating the accident and the investigation is still open.

Assisting at the scene were the Alabama Volunteer Fire Department, Mercy EMS, and State Police.

Previously: Accident reported on Route 77 at Judge Road in Alabama

A two-car accident is reported at North Street and Bank Street, Batavia.

A police officer, first on scene, reports all occupants out of the vehicles and walking.

City Fire and Mercy EMS dispatched.

UPDATE 2:38 p.m.: No injuries.

Western Regional Off-Track Betting Corp. officials are exploring an expansion of the Hotel at Batavia Downs, the 84-bed luxury inn that the public benefit company purchased from ADK Hospitality LLC of Buffalo in mid-2021.

“We’re taking a hard look to determine if we are going to do it, if it’s the right time and if the cost is right. We’re taking a cautious approach to make sure that it is something that we really need to do,” said Scott Kiedrowski, WROTB vice president/operations, following today’s board of directors meeting.

Kiedrowski and director Edward Morgan, chairperson of the Batavia Downs Operations Committee, reported on a meeting with David Hart, president of Hart Hotels, which runs the facility.

“Mr. Hart, along with Rick Likus (hotel general manager), spoke to the board about the operation is 2022, which was the first full year of ownership by Western Regional,” Kiedrowski said. “Our numbers are significantly headed in the right direction – very robust.

“The rooms are sold out on a regular basis; we have a lot of traffic coming, so we’re very pleased with the financials and his (Hart’s) report to the board of directors on just how well the hotel is doing.”

Kiedrowski said that expansion, if and when it was approved, would likely add to the north end of the existing hotel.

“We’re trying to see if the lobby should move and the extent of the expansion,” he said, mentioning that 42 more rooms are being considered.

Board Chair Richard Bianchi said he will select three directors to serve on a committee with senior management and hotel staff to look into expanding the hotel.

WROTB directors voted for the $8 million purchase in February 2021.

At the time, Chief Financial Officer Jacquelyne Leach said the corporation would be able to utilize 20-year tax-exempt bonds to project a savings of $600,000 while bundling the refinancing of a balloon payment due in October 2023 with the hotel purchase expenditure.

In November 2016, Batavia Downs Gaming and members of ADK Hospitality LLC, the hotel ownership team, cut the ribbon on the hotel. ADK Hospitality bought land from WROTB in March 2015 and invested $7.5 million to build the facility.

In other developments, directors:

• Approved a resolution to install floor and wall base at the 34 Rush restaurant/bar, contracting with WNY Tile & Sone Corp. of North Tonawanda for an amount not to exceed $19,139.

The expense will be covered by a portion of a $1.2 million insurance settlement stemming from a flood on the second floor when a pipe burst in September 2022, Kiedrowski said.

“The water did leak downstairs into 34 Rush, and there is a lot of remodeling going on in that area so we decided to replace the floor that did receive some of that water,” he said. “We are expanding the kitchen, which is just a normal course of business to make it bigger. So, while doing that we figured we would also take care of the floor.”

• Approved the purchase of a recreational trailer for use by performers during the Rockin’ The Downs Concert Series from Elizabeth Marino of Florida for $29,000.

Kiedrowski said a concert promoter informed management that the 2014 Forest River Salem Villa destination trailer would be available for purchase, thus fulfilling a need that previously was supplied at no charge by local companies.

“It’s for the performers to use right off stage,” he said. “It is well maintained. Now we have two of them and they are used for the acts.”

The board also approved paying up to $325,000 for the various bands and performers this summer. The eight-week concert series kicks off on June 23 with the Almost Queen tribute band.

Photo: 2016 file photo by Howard Owens

Edward Morgan (photo at right), who represents Orleans County on the 17-member board, said the powers-that-be at Batavia Downs Gaming “need to move ahead” in case the smoking waiver now in force is terminated.

Currently, Batavia Downs Gaming has an indoor enclosed smoking room only.

“The two-year waiver could be gone any day,” Morgan said at today’s board meeting. “We need to be prepared, even if it’s just a small heated outside area with no machines in it.”

Morgan said he visited the Del Lago Resort & Casino in Waterloo recently to check out its smoking accommodations. He reported that a 50- by 150-foot area, featuring about 150 gaming machines, has been installed outside – “exposed to all the elements."

“From the looks of it, people seem to use it to smoke and then go back inside to play,” he said, adding that he saw about a dozen people in the area during his midweek midday stop.

Morgan pointed to Batavia Downs Gaming surveys that reveal “how important it is to some of our patrons to be able to smoke at a machine.”

Scott Kiedrowski, vice president/operations, said that although a tri-county commission has approved a waiver for another two years, “there’s always a fear that something might change in the health department regulations or state regulations and we could lose our smoking designation.”

“A lot of casinos in the area and throughout New York and other states might have some stringent smoking requirements,” he said. “They have some outdoor areas, called smoke gardens, if you will, that are heated and covered with games outside … to have the ability to have smoking on the property but not inside the building.”

Morgan said it would be prudent for the board and management to start looking at options, including the location of an outdoor smoking area.

“Even if it was outdoors and heated, with no machines,” he reiterated.