By several metrics, the business of Batavia Downs is growing.

Revenue is flowing in at a record pace. There are more customers, more bets placed, and more bookings at the hotel, but with added success comes added expense, which Western Regional Off-Track Betting Corp. board remembers and executives discussed on Wednesday during the Finance Committee meeting.

Both the casino and hotel have more employees, and with three executives taking buyouts, added expenses have severely reduced the revenue that will be shared with the 17 municipalities that co-own the WROTB.

Based on profits through October, WROTB is paying out $1,677,960 less than it did through October 2023. So far this year, net earnings available for distribution are $7,107,384, compared to $8,785,334 at this time last year.

"I was asked this question by an individual, 'Well, how does that make you feel, Jackie, that the distributions are down?,'" CFO Jackie Leach said during her report to the committee. "I said, "You know, there are reasons why they are down from 2023. One, the board approved a 4.5% wage adjustment for employees.' I've always stated that we're a customer-oriented organization, and your employees are your most valuable assets; 2023 was a banner year for the corporation. So, between the wage adjustments, we do have one leg of Henry's buyout that's included in the 2024 wages, that's the cost of doing business."

In July, the board voted 14-1 to renegotiate the contracts of CEO Henry Wojtaszek, CFO Jackie Leach, and VP of Operations William White to buy out the remaining years on their terms.

Wojtaszek, who earns $299,000, will receive a full year severance. Leach, with a salary of $222,000, and White, with a salary of $160,000, each get six months severance.  By the end of the year, Leach said she and Wojtaszek will receive their full payout, so it will accrue to 2024, for a total of $521,000. White will be paid in 2025.

As for employee expenses, in addition to the 4.5% raise for casino employees, the operation added more than 20 staff positions. Hotel employees received 50-cents an hour raises and the hotel, which is run by a management organization, also added staff.

"The hotel overall has had pretty good revenue," said Paul Bartow, representing Schuyler County. "I guess what you're saying is that we could do better. We need to produce more revenue to cover some of these expenses. If, in fact, it looks like the hotel is doing well, you're like, 'Oh, great,' but it's not doing well enough given these expenses, and these expenses, in some ways, have to be moved, I guess, checked with more revenue from the hotel."

Leach said that's correct.

"When your costs go up, then you've got to make some adjustments," she said.

Ryan Hasenauer, VP of business development, said he and his staff are working on booking more mid-week events in order to increase mid-week room bookings and Leach confirmed that management is looking at increasing room rates.

Total revenue so far this year for the hotel is $2,399,000, up from $2,306,000. Payroll increased from $761,000 to $881,000. Other expenses increased from $647,000 to $682,000.

The other expense cutting into revenue distribution, Leach said, is increased legal expenses.

"Am I concerned? No. I've always said this corporation has to keep reinventing itself because of the competition," Leach said. "We work within a very saturated, saturated market in Western New York."

By the numbers, October was a good month for Batavia Downs. The net video game win was $7,641,556, up over $500,000 from the previous October. The October distribution to municipalities was up by $1,381 ($41,532 compared to $40,151). 

In October, there were 98,676,000 credits played, up from 92,088,000 in 2023. The win per terminal increased from $253.28 to $266.27.

The casino contributed $3.7 million to the state's education fund.

Attendance at the track increased from 74,000 to 76,000.

The casino also saw an increase in food and bar sales. Total sales increased from $676,636 to $774,848. Less expenses, net sales was $526,214.

OTB branches continue to struggle. In October, revenue was down $22,000, at a total handle this October of $3,366,000.  Year-to-date revenue is $36,522,000, a decrease of $5,198,000 (There was a $1.6 million drop in revenue attributed to the closure of one branch).

Total revenue for October is $74,331,000, up $2.5 million compared to 2023.  Expenses also increased from $23,507,000 to $25,429,000.  Salaries increased $985,000, which is still $210,000 less than projected in the 2024 budget.

Besides salary, there has been, so far this year, an increase in expenses of $939,000.

Revenue help should be coming in 2025, Leach said, with new video lottery terminals added to the floor of Batavia Downs, approved by the state, and the anticipated approval of new EZBet machines for bars and restaurants in the region.

"I was assured by the Gaming Commission that the four EZBets that have been in the hopper -- some for a couple of years -- that we could include them in our 2025 plan because they will be approved by year-end, so we will see what happens there."

Douglas G. Goodwin, of Basom, is charged with criminal trespass 3rd, criminal nuisance 2nd, stalking 4th, unlawful fleeing a police officer 3rd, aggravated harassment 2nd, menacing 2nd, burglary 2nd, speeding, failure to obey traffic control devices, failure to stop at a stop sign, speed not reasonable prudent, failure to signal, driving an unregistered vehicle, reckless driving, and aggravated unlicensed operation 1st. Basom was arrested by the Sheriff's Office in Corfu on Nov. 27 following an investigation by the Attica Police Department.  Attica PD reports that in the evening hours of Sept. 16, officers responded to the parking area of Sokol Drive in the village to investigate a report of a suspicious and dangerous person. State troopers and Wyoming County deputies assisted in the response. When patrols arrived, the subject of the call fled on a performance-style motorcycle at a high rate of speed. The driver reportedly failed to respond to commands from police to stop and continued in a reckless and unsafe manner, almost striking a police vehicle. After a short chase the pursuit was terminated to protect the safety of residents.  Through an investigation, Goodwin was identified as the suspect. An arrest warrant was obtained based on witness statements and a victim statement. He reportedly has 14 license suspensions. Goodwin was arraigned in Attica Village Court and ordered held on $20,000 bail, $40,000 bond, or $80,000 unsecured bond. Chief Dean Hendershot stated, "I appreciate the dedication, effort and assistance of all involved, including the Wyoming County, NY Sheriff’s Office, New York State Police and the Genesee County, NY Sheriff’s Office. The residents of the Village of Attica can continue to live peacefully in a safe community they each deserve.”

Shawn P. O'Connor, 35, no residence provided, is charged with criminal mischief 2nd, unlawful fleeing 3rd, and reckless endangerment 2nd. O'Connor was arrested on Nov. 24. He allegedly fled from deputies attempting a traffic stop on Route 63 north into the village of Oakfield, where he crashed his vehicle after hitting a Sheriff's patrol vehicle in the parking lot of the Oakfield-Alabama Central School. He was taken into custody without incident. Multiple objects in the parking lot were reportedly struck by O'Connor's vehicle. He was issued 17 traffic tickets and held pending arraignment. Additional charges are pending.

Nyejay Nasir Braction, 20, of Wyoming Street, Buffalo, is charged with assault 2nd. Braction is accused of attacking a corrections officer at the Genesee County Jail at 6:50 p.m. on Oct. 15 and breaking the guard's finger. He was arrested on Nov. 15. He was arraigned and held.

Carl E. Canterbury, 54, of South Main Street, Batavia, is charged with two counts of criminal sale of a controlled substance 3rd and two counts of criminal possession of a controlled substance 3rd. Canterbury was arrested on Nov. 14 on a sealed indictment following an investigation by the Local Drug Task Force into the possession, transportation, and sale of crack cocaine in the city of Batavia. Canterbury is accused of selling crack cocaine to an agent of the task force on two occasions while in the city of Batavia. He was arraigned in County Court and jailed.

Jerad Michael Stalker, 40, of Indian Falls Road, Corfu, is charged with falsifying business records 1st and criminal possession of stolen property 5th. Stalker is accused of selling stolen merchandise to Pawn King on Veterans Memorial Drive on Aug. 26 and signing a form stating he was the rightful owner. He allegedly stole the merchandise from a vehicle on West Main Street, Batavia. He was arrested Nov. 19 and processed at the Genesee County Jail.

Reanne Pauline Reed, 30, of Ellicott Street, Batavia, is charged with harassment 2nd. Reed was allegedly involved in a scuffle at Batavia Downs at 9:14 p.m. on Nov. 20. Reed was taken to the Sheriff's Office and issued an appearance ticket.

Ryan Michael Bobzin, 35, of West Bergen Road, Bergen, is charged with aggravated unlicensed operation 1st, driving while impaired by drugs, and unlicensed driver. Bobzin was stopped at 4:28 p.m. on Oct. 2 on Townline Road Bergen by Deputy Zachary Hoy. He was arrested on Nov. 20. He was issued traffic tickets and released.

Ryan Philip Harrison Clarke, 35, of North Street, Le Roy, is charged with criminal contempt 2nd and harassment 2nd. Clarke allegedly violated a "refrain from" order of protection by yelling in a person's face at 4:20 p.m. on Nov. 21 at a location on East Main Street, Corfu. He was held pending arraignment.

Zachary N. Knapp, 27, of East Avenue, Batavia, is charged with felony driving with a BAC of .18 or greater, felony driving with a BAC of .08 or greater, and driving a vehicle on a highway. Knapp was stopped at 2:29 p.m. on Nov. 23 of Veterans Memorial Drive in connection with an investigation into a larceny in the area by Deputy Ryan Mullen. Knapp was released on an appearance ticket.

Mossy Earl Jones, 21, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with DWI and moving from lane unsafely. Jones was stopped at 2:04 a.m. on Nov. 23 on Bloomingdale Road, Alabama, by Deputy Nicholas Jennings. He was released on appearance tickets.

Matthew Ryan Clarke, 32, of Middleport, is charged with DWI, driving with a BAC of .18 or greater, dazzling headlights, speeding, and moving from lane unsafely. Clarke was stopped at 1:31 a.m. on Nov. 24 on Route 77 in Pembroke by Deputy Jeremiah Gechell. He was issued on traffic tickets.

Sarah Ann Malone, 42, of Graham Street, Batavia, is charged with criminal obstruction of breathing/blood circulation, endangering the welfare of a child, and harassment 2nd. Malone was arrested on a warrant issued by the Town of Bethany Court on Nov. 26 and held pending arraignment.

Nichole Marie Boldt, 25, of Route 237 Byron, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and inadequate lights. Boldt was stopped at 6:02 p.m. on Nov. 27 on Clinton Street Road, Stafford, by Deputy Zachary Hoy. She was issued traffic tickets and released.

Email weather-related photos to howard@thebatavian.com or text 585-260-6970

First responders have been dealing with multiple traffic mishaps this morning.

At one point this morning, tractor-trailers were blocking both directions on Route 19 at Parmalee Road in Le Roy. Law enforcement is still on scene at that location and looking to reroute traffic.

A tractor-trailer vs. car accident was reported earlier at Route 237 and Richmond Road.

A vehicle rollover accident was reported at Route 63 and Judge Road.

UPDATE 7:04 a.m.: A vehicle in the ditch on Route 238.  Also, vehicles are finding it difficult to get up hill on Richmond Road. Route 19 north is passable now but law enforcement wants to hold off opening up the road until plows hit it one more time.

UPDATE 7:08 a.m.: Law enforcement is checking on a vehicle at Colby and Sumner, Darien, with its four-ways on.

UPDATE 7:12 a.m.: As soon as there's more salt on the road, Route 19 at Parmalee can be reopened in both directions.

UPDATE 8:28 a.m.: A vehicle is off the road on Ford Road, Elba.

UPDATE 8:34 a.m.: A road patrol reports that Route 63 out of Pavilion, all traffic is stopped. Dispatch said they've received no calls on it.

UPDATE 8:34 a.m.: A road patrol requests traffic be blocked at Route 20 and Route 63, south. There are tractor-trailers blocking traffic and several of them "just parked."

UPDATE 8:52 a.m.: A patrol is in place to stop traffic southbound on Route 63. Other patrol reports that roadway is just about cleared. It might be only another five minutes.

UPDATE 8:58 a.m.: A patrol is dispatched to Route 20 and Route 98, Alexander, to direct seim-truck traffic northbound.

UPDATE 10:56 a.m.: Rollover accident reported on Route 98 at Goodman Road, Alexander. The operator reports no injuries.  A white pickup has struck a mailbox in Pavilion. DOT wants Route 20 shutdown between Route 98 and Route 238. 

UPDATE 10:57 a.m.: Tractor Trailers are backed up on Route 20.

UPDATE 11 a.m.: A travel advisory is being issued for Genesee County from Route 20 to the south.

UPDATE 11:11 a.m.: On Route 20, Alexander, there is a UPS truck on its side, a Budget truck in a ditch on the wrong side of the road, and a passenger vehicle off the road (which has its own tow on the way).

UPDATE 11:12 a.m.: In Le Roy, there are vehicles off the road on Vallance Road and on Perry Road.

UPDATE 11:42 a.m.: There may be a jack-knifed semi on Route 238, Alexander. 

UPDATE 11:46 a.m.: Route 238 is open both directions between Route 20 and the village of Attica.

UPDATE Noon: An Amazon van is struck on Stroh Road, Alexander.

Photos of Route 19 from Thursday morning via Le Roy PD:

Following an investigation into a hit-and-run accident at 5:11 p.m. on Tuesday on East Main Street near the Mobile Gas Station, police took into custody Jeffrey Plath, no age provided, of Stringham Drive.

The victim of the hit-and-run accident was transported to Strong Memorial Hospital. His name was not released. Batavia PD reports he is in satisfactory condition.

At the time of his apprehension, Plath was allegedly found with a switchblade knife, which police said he did not use or threaten to use. 

Plath is charged with criminal possession of a weapon in the third degree, unregistered motor vehicle, uninsured motor vehicle, and leaving the scene of an injury accident.

He was arraigned in City Court and released on his own recognizance. 

Police ask that anyone with information related to the case to call Det. Mathew Wojtaszczyk at 585-345-6357.

There is a lake effect snow warning in effect from 10 p.m. Wednesday to 1 p.m. on Friday.

The storm could produce accumulations of eight to 20 inches of heavy, wet snow in some areas. Wind gusts of up to 40 mph are anticipated, which will create considerable blowing and drifting snow. 

The warning is effect for Northern Erie County and Genesee County with the heaviest snow expected south of Buffalo and far southern Genesee County.

Residents are told to expect difficult travel with deep snow cover on roads and poor visibility. There will be areas of blowing and drifting snow.

Heavy snow will fall in relatively narrow bands. If traveling, be prepared for rapidly changing road conditions and visibility.

Cancellations and closures:

• Elba Central Schools will be closed tomorrow due to the state of emergency declared by Governor Hochul and the forecasted winter storm. 
• Byron-Bergen Schools will be closed, and all activities will be canceled on Thursday.
• Batavia City Schools will be closed for classes and activities on Thursday.
• BOCES is closed
• Richmond Memorial Libray is closed.
• Notre Dame is Closed.
• Pembroke Central School District is closed Thursday
• Oakfield-Alabama Central School District is closed Thursday
• Alexander Central School District is closed Thursday
• Pavilion Central School District is closed Thursday
• Le Roy Central School District is closed Thursday
• Genesee Community College is closed.
• Northgate Free Methodist Church office is closed for Thursday.
• The Batavia Society of Artists show opening at Richmond Memorial Library will be rescheduled in January.
• The Christmas Dance for Adults with Developmental Disabilities has been postponed due to the winter weather. The dance is rescheduled for Thursday, December 19^th at 6 p.m. Please pass this information on to your dancing buddies!
• Due to the County Travel Advisory, The Pembroke Town Board meeting Scheduled for tonight is being moved to Wednesday 12/18 at 6:00 PM.

Please email cancellations and closures to news@thebatavian.com.

Staying open:

• Northside Deli.

Regarding the State of Emergency, Gov. Kathy Hochul said, “As winter weather bears down on our State, I am declaring a State of Emergency so our communities have the resources they need to stay safe. We are deploying resources and working alongside our partners in government as we prepare for every possibility — I encourage all New Yorkers to stay alert, stay off the roads if possible, and keep in contact with family and friends as we move through the next 48 hours.” 

The State of Emergency is in effect for Cattaraugus, Chautauqua, Erie, Franklin, Genesee, Hamilton, Herkimer, Jefferson, Lewis, Oswego, St. Lawrence, Wyoming and contiguous counties.

Press Release:

Genesee County Sheriff’s Office, the City of Batavia Police Department and the Village of LeRoy Police Department will be participating in a coordinated effort with the Genesee County STOP-DWI program to bring awareness to the dangers of impaired driving.

Law enforcement officers and STOP-DWI programs across New York State are coming together this holiday season in an effort to bring awareness to the dangers of impaired driving, prevent injuries and save lives. 

The campaign runs Wednesday, December 11 through Wednesday, January 1. Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

While STOP-DWI efforts across New York State have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. If you are going to drink, drink responsibly. Don’t drink & drive.

Press Release:

As the holiday season is upon us, the Batavia Police Department would like to remind everyone to stay vigilant and take necessary precautions to avoid falling victim to fraud and theft. 

With increased shopping and online activities, it's essential to be aware of potential scams and take steps to safeguard your personal and financial information. 

Fraud Prevention Tips: 

• Be cautious of phishing emails, texts, or calls claiming to be from banks, retailers, or charities. Never provide personal or financial information to unsolicited requests. 
• Verify the authenticity of websites and apps before making online purchases or donations. Ensure the URL starts with "https" and has a lock icon. 
• Avoid using public Wi-Fi or unsecured networks for online transactions. 
• Monitor your credit card and bank statements regularly for suspicious activity. 
• Use strong, unique passwords and keep them confidential. 

Theft Prevention Tips: 

• Keep valuables secure and out of sight in your vehicle, especially during holiday shopping. 
• Lock your vehicle doors and keep windows closed, even when parked in your driveway or garage. 
• Avoid leaving packages or gifts unattended on your porch or in plain sight. 
• Consider investing in a doorbell camera or smart door lock for added security. 

By following these simple tips, you can significantly reduce the risk of becoming a victim of fraud and theft this holiday season. Remember, if you do encounter any suspicious activity, report it to the Batavia Police Department immediately by calling 585-345-6350. 

Stay safe, and happy holidays from the Batavia Police Department!

Press Release:

Cornell Cooperative Extension will be closed from December 25 through January 1 for Winter Break. The office will reopen at 8:30 a.m. on January 2. May you and yours have a wonderful time during the festive season.

During a presentation Monday about putting the Brisbane Mansion — aka current police station — out for a request for proposal, City Councilman Bob Bialkowski raised the question of what happens if a developer takes on the project and then lets it sit idle.

His scenario seemed to mirror what has happened with the stalled Ellicott Station apartment complex on the city’s Southside, and he wasn’t the only one thinking about it.

“We don’t plan on marketing it to Savarino,” City Manager Rachael Tabelski said of Ellicott Station property owner Sam Savarino. 

City Council President Eugene Jankowski added that “we wouldn’t let it go into some sort of a problem” because the city would have a clawback or some kind of recourse for a developer who would not follow through after obtaining the property. 

Ed Flynn, consultant and vice president of LaBella Associates, and Batavia Development Corporation Director Tammy Hathaway presented a tentative plan for what to do with the property to be vacated by the city police by the end of 2025 when the new police station is completed downtown.

They recommended putting the site up for an RFP to determine developer or investor interest in redeveloping the property and provide information about the existing conditions, characteristics and feasibility study options by an Insight Architecture report for use as apartments or a boutique hotel. 

“This can provide a lot of information for the developers that they'll be looking for in terms of the existing condition of building the site, as well as what are some opportunities for redevelopment,” Flynn said. “We also want to make sure we establish some community goals for the project before it goes out so the developer knows what the community goals are for the project. And the ones we kind of have listed here are, preservation of the building and site.

"It's an important historic property in the city of Batavia; it’s very visible. A lot of heritage and history to the building," he said. "And so that's kind of a key goal that we want to maintain compatibility with downtown.”

Another goal is to put it back on the tax roll, he said, for the first time since 1917 when it was established for city government, non-taxable use. 

“So, obviously, you don’t want a nonprofit to go in there, and then we want to make sure we get an experienced developer with financial resources,” he said. “So that would be part of the RFP, part of the process of reviewing the proposals when they come in, and talking to the banks and whoever they’re using for their financial back.”

What they don’t want is for someone to buy it and hold it for five years, with nothing happening to the property during that time, he said. The right developer will have the financial means and capacity to complete the renovations and be experienced in having completed other similar projects.

A tentative schedule would be finalizing the RFP by January 2025 and releasing it by February, with an application deadline of April. Staff would review submitted RFPs in May and June, have developer discussions and select a preferred developer to submit to City Council for authorization to sell by the summer of 2025. By fall, agreements with a developer would be executed, and funding would be sought.

“Because there’s probably going to need to be funding to make sure this project happens,” he said. "Then I put a list of some of the past RFPs that we have done in the city and how successful they were. And you can see all of those buildings. There's five buildings there that have been sold in the city. They were either foreclosed properties or properties on city parking lots ... at the time, we sold them zero value in terms of taxable value and available value to the city. Now they're worth 3.5 million in the city, so they're generating taxes.”

That list includes 19-21 Jackson St., Valle Jewelers, valued at $255,000; 20 Center St., Center St. Smokehouse, at $300,000; 61 Jackson St., Angotti Beverage at $315,000; 20 Main St., Tim Horton’s, $550,000; and 90 Main St., Tompkins Insurance, $1.85 million.

“And you can see the types of properties we have there. The building owners are still there. Some of these are 10 or 20 years old. They're still in the building,” he said. “They've been investing in the building. They create character downtown. They create a lot of vitality downtown. And so we’re trying to do the same thing with the Brisbane Mansion, and this is a first step in doing that.”

Hathaway said that the BDC is working with LaBella to “shrink up any vacant time” from when the police department moves out and a developer could move in and take ownership.

That’s important, Jankowski said, “because the longer it stays vacant, the more likely things are breaking down,” and “pipes freeze, and things can happen.” 

Flynn asked for questions. 

“Okay, so you put out an RFP, find a developer. Looks good. You turn it over to the developer. Eight months later, all of a sudden, work stops on the project. Project starts stagnating. Developers telling you one excuse after another. What recourse do you have?” Bialkowski said.

“You should have a good, solid agreement,” Flynn said. “In the agreement, there should be some kind of opportunity to take the property back if there's no action on the property.” 

He deferred to City Attorney George Van Nest. However, Tabelski said that there would be clauses for nonperformance.

“Hopefully, we can get this moving forward,” Jankowski said. 

For as much detail as there’s been for newly configured flood maps in the city of Batavia, there are still unknowns that city officials want to get their hands on, City Manager Rachael Tabelski says.

One key detail is the list of structures being added to the 100-year floodplain. Out of the total 147 structures, “60 are potentially commercial,” which could have a huge impact on the city’s economic growth, Tabelski said during an interview with The Batavian.

She wanted to first define the difference between the city experiencing more frequent flash floods and more severe overflowing creek floods.

“Sometimes we have severe flash flooding that occurs where our storm system can't drain the water away quick enough, but then it goes down really quickly, totally separate from when the creek actually floods and goes above the banks of the creek,” Tabelski said. “And I'm just looking up some of the dates of the last flood. Since I've been manager, we have not had any creek flooding. So that's since I've been with the city, that's at least five years. 

“And the maps were set in the 80s, and they were, I'll call them paper maps,” she said. “As a way they're doing it now, is with LiDAR, and that's electronic, and it takes a lot of measurements of cross sections of the creek every 1,000 feet. And then what their model does is try to predict where the water will move throughout the city, if it does press over the banks of the creek, and then that becomes your flood zone in the city.”

FEMA established a new floodplain map using the new technology and asked for feedback with a 30-day public comment period. Preliminary maps will be issued, and homeowners who would be affected will be invited to a presentation early next year to learn more and have the option to challenge the findings if they have been inserted into the flood plain. 

“We also had our engineers get the baseline data from FEMA and make sure how their modeling was scientifically standard, which they agreed, but they had one finding that they believed that the floodway was too expansive and that they were asking in this draft round of proposals to reduce the floodway,” City Fire Chief Josh Graham said. “So the floodway is once you cross the banks of the waterway, that immediate area that will be flooded, I guess, that's the best way I can explain it. It's the area where the water flows in a flood. So this is what they have for the updated maps.”

So, what does this updated map signify to the city? 
“In terms of development in the city, it's much more difficult to get a building permit in a floodway than it is just in a flood zone, so it would hinder development efforts of any of the properties in the floodway, and that could be properties the city owns; commercial properties or residential for structures such as sheds, barns, things of that nature,” Tabelski said. “So the larger the floodway is, the more properties will have difficulty developing in any way, is one way I like to look at it from an economic development standpoint.”

When a property owner wants to get a permit for home renovations and lives in a flood zone,  they would have to fill out a separate Department of Environmental Conservation permit application, she said. And there are other restrictions for commercial buildings that aren’t compliant or don’t have flood insurance — they can only invest 49% of their building’s value, either by an independent appraisal or their assessed value, she said. 

“So I find this a critical issue for our businesses on Route 63 and our buildings. I mean, on Route 63, who the majority of them are in the flood zone, and when they want to make investments, they can be hindered by higher costs to become flood compliant, to be insured or to only invest up to 49% of their appraised value of their building,” she said. “And we've seen that a lot on the economic development side successfully. It has been done by Stephen Valle and his sister Carrie, with the building on the corner that houses the vegan bakery and apartments upstairs, so they were able to get an appraisal and invest in the building after that appraisal, but they are in a flood zone.”

For homeowners and renters, being added to the flood zone signals the push for buying flood insurance to ensure coverage in the event of damage from a flood, since regular insurance doesn’t usually cover that type of damage; and it serves as caution for when people are considering a construction project, since the city has an ordinance covering development in the floodplain or flood hazard area. 

Other challenges exist for commercial property owners, such as the inability to invest more than 49% of the property’s assessed value. So, for 60 additional commercial properties, that’s a potential problem, she said.

Properties that are and were in the 500-year flood plain did not have to buy flood insurance, and while those 147 structures are moving into the 100-year flood plain, another 282 are being removed since the map has been recalculated.

“Under the new draft, there’ll be 917, so we end up losing 135 structures,” Graham said. “At the end of the day, there’s going to be 135 less structures in the flood zones than there are right now, 282 that will no longer be identified, but 147 new ones that will be.”

How did that happen?
An electronic survey was done using LiDAR technology, a remote sensing method that uses light to measure ranges and map out the flood zone every 1,000 feet, predicting where water will move within the city, he said. That reconfigured the original number of 1,052 people and reduced the total to 917 by shifting—and reducing the footprint—of the overall floodway. 

The flood zone is predominantly on the south side, with the largest flooding happening on Law and Walnut streets in recent years. If you live on the South Side, you may be, or want to become, familiar with a few common acronyms that might come in handy when dealing with flood zones and flood plains:

Property owners can challenge a finding by paying for a survey to determine if they live on a higher elevation than previously established. This is called a LOMA — a letter of map amendment — and the process will involve the Federal Emergency Management Agency (FEMA).

Does that mean they will no longer need flood insurance if they were required to have it while classified in a flood zone?
“If your property is no longer in a flood zone, you can drop insurance with proper documentation from FEMA,” Tabelski said.  “So there is a process that those properties will have to take. And that’s why, when we have FEMA host these preliminary meetings, we’ll be inviting anyone in the areas of the flood zone area, the new ones that are coming in will have to be educated now that they’re in a flood zone, and they can … go through that process, and when the  property sells, it is my understanding if you have a mortgage on it, you’re going to need that flood insurance.”

They want city property owners to know that not only will FEMA be on hand during a meeting in early 2025 to work with folks and answer questions, but city officials also want to help out.

“Nothing's final, but there are changes coming,” Tabelski said. “You'll be getting some hands-on assistance early next year straight from FEMA, absolutely, and we'll do our best to interpret it and be the go-between and be as informed as we can to help residents.”

Batavia Development Corporation, which established the real estate company Creek Side Batavia, LLC, has put the sale of the property behind the McCarthy ice rink and along Tonawanda Creek on hold due to this change of floodway.

The Genesee Chorale presents its annual Christmas concert at 2 p.m. on Saturday at St. James Episcopal Church, 405 E. Main St., Batavia, featuring baritone Joseph Finetti.

Finetti is featured in the performance of "Fantasia on Christmas Carols," composed by Ralph Vaughan Williams.

The chorale will also perform "Magnificat" by Taylor Scott Davis.

Tickets are $10.

Press Release:

Health outcomes such as asthma, lead poisoning, injury, and other chronic diseases have been linked to unsafe and unhealthy housing conditions. Hazards are not only in older homes; new homes can also have hazards lurking within. 

“Making homes safer and healthier can help children grow up strong, allow older adults to stay in their homes, and help people with disabilities live independently,” stated Darren Brodie, Environmental Health Director of Genesee and Orleans County Health Departments (GO Health).

In January of 2024, the Genesee County Health Department received $1.2 million in funding from the Department of Housing and Urban Development (HUD). This Healthy Homes Production (HHP) Grant addresses health and safety hazards in homes and apartments in Genesee, Livingston, Orleans, and Wyoming (GLOW) Counties. Health and safety hazards may include but are not limited to dampness and mold growth, asbestos, radon gas, pests, fall risks, and weatherization.

In order to be eligible for these funds, homeowners and property owners must meet all of the following requirements:

• Tenants or homeowners are income eligible (funds available for vacant units, call for more information)
• Existing health or safety hazards in the home
• Property is current on tax and mortgage payments
• Other requirements determined on a case-by-case basis

Rental property owners are required to match 10% of the total project costs. For example, a rental property owner would be required to pay $2,000 for a $20,000 project. 

Rental properties must have four units or less. Recipients are required to maintain ownership of the residence for 5 years after the project is completed. 

All work is completed by pre-approved local contractors with applicable certifications. If you would like to be added to our list of contractors, please contact the Genesee County Health Department or fill out the application on the GO Health website.

For more information or help determining eligibility, please contact the Genesee County Health Department at 585-344-2580 ext. 5555, or at Health.GOlead@geneseeny.gov. You can also visit GOHealthNY.org for more information or to apply.

Elba beat Oakfield-Alabama on Tuesday night in Girls Basketball, 71-60.

For the Lancers, Sydney Reilly scored 27 points, and Lydia Ross scored 22. 

For the Hornets, Piper Hyde scored 28 points, and Allie Williams scored eight.

Photo by Debra Reilly.

The Notre Dame Lady Irish picked up the team's second win of the season on Tuesday, beating Pavilion 44-33.

Sofia Falleti scored 22 points and nine rebounds. Shirley Thompson scored 10 points, and Gianna Falleti scored 5 points. 

Photos by Pete Welker.

Bruce Scofield says he has been waiting more than a decade for the right time to enter the residential garbage business.

He thinks now, after residents in Batavia have been left with only two trash collection options and two large corporations, the time is right.

He's launching a residential refuse business in Batavia at the beginning of 2025.

"So, let me tell you, this is how it happened. When my son graduated from high school in 2011 he says, 'Dad, he says, Let's start a garbage out business go house to house,'" Scofield recalled. "I say, 'No, time's not right. It's not right.' And I told him, 'Be patient.'"

In 2013, after Tyler Scofield graduated from college, he proposes going into the residential garbage business again.

Bruce, again, didn't think the time was right.

A couple of years later, Tyler brought the issue up again.

"He says, 'Dad,' he says, 'I want to start a side little business.' He says, 'We got this business.' He says, 'I'll before work. I'll go out and run around, and I'll do it after.' He says, 'I want to get into the garbage business.' And again, I told him, 'Son, the timing isn't right. Be patient.'"

They watched four or five small, locally owned or start-up businesses jump into the new market for garbage collection in the city of Batavia after the city canceled a long-time contract with Genesee ARC for exclusive garbage collection.

Bruce Scofield didn't want to compete in that market. Too many of the new businesses were run by people with little business experience. They're not educated enough, he said, to know what a profit margin is.

"I don't want to compete against somebody who's not in it to make money or it doesn't know how to make money," Scofield said. "Big corporations know how to make money. I can compete against people who know how to make money. Now, when the price is up there, we can come in and give great service, and we're not selling on price. We're going to have an attractive price, but you're going to know the owners."

A few months ago, Bruce and Tyler traveled to Florida to buy a one-year-old garbage truck for $256,000.

On the drive home, while Bruce is thinking about how to increase revenue to help cover the cost, Tyler raises the issue of residential service again.

"He says, 'I get a lot of calls' -- because my son answers 90% of the calls -- 'I get a lot of calls from people looking for residential service.' He says, 'They're about begging,' and me being the businessman, you know, I want to justify buying the truck. I said, 'You know what?' I said, 'The time's right.' I say, 'Now we'll get into it because there are only big corporations. There are no locally owned businesses, and the price is high. We can make money.'"

To start, Scofield is only offering residential service on the north side of Route 5, from Clinton Street Road in the town of Batavia on the east to Park Road on the west. Residents in those neighborhoods will receive mailers advertising the service. They can also call 585-343-3400 to sign up.

The cost, with taxes and fees, $33.37 per month.

The garbage business is tough, Scofield said, because paying customers don't feel like they’re getting something for their money.  They're paying money to get rid of something. It's not like going to dinner and getting that sense of satisfaction when you pay the bill, or buying a new car or going on a vacation. It's garbage. The stuff you no longer want."

"They'll camp out in front of a store to get a new Apple iPhone and spend $1,500 but at the end of the week, there's no gratification in paying a garbage bill," Scofield said. "But garbage is expensive to get rid of. Garbage trucks are the most expensive. Everything's expensive, but when you take $33.37 divided by four, it's $8.34 to have somebody come to your house and pick up garbage."

That's about the price of a latte, he noted.

"They'll spend that every day, but they're very critical of how much their garbage bill is," he said. "That's the one problem with the garbage business. But for $8.34 you can get somebody to come to your house and haul your garbage away."

Garbage collection for all city residents -- even when service opens on the southside within the following month or two -- will be on Thursdays, so expect on the week of Thanksgiving, there will be no changing of collection days for holidays.

Stafford, Scofield's home base, will also get service starting in the new year, and eventually, more towns in Genesee County will be added.

"Then we're going to designate other towns on other days of the week," Scofield said. "We'll never be a Monday pickup service. We're going to always try to be Tuesday, Wednesday, Thursday. Friday is a floating day, and Monday is our other businesses."

Scofield's total investment in the new line of business so far exceeds $500,000. He also bought a brand new, smaller truck for $250,000 that can be operated by a driver only because the tote pick-up is automated. 

Scofield believes local ownership is a clear competitive advantage over big corporations.

He said he's passionate about his business. He takes care of his employees, keeps his trucks well-maintained and clean, and usually when customers call, it's him or his son answering the phone.

And if you call because you forgot to put your garbage out? If it's not a habitual problem, Scofield will send a truck back to pick it up.  That's less likely to happen with the big haulers.

"You're never going to get an owner of Waste Management or Casella," Scofield said. "You're never going to get Casella or Waste Management to sponsor, like we do, the Genesee County Fair. We're big into the Genesee County Fair. When Le Roy needed an ambulance, we were right there to step up. That's the difference. We care about our community."

More than a dozen people showed up to the city’s brownfield opportunity area open house Monday, offering an overall thumbs-up for increasing the housing stock while also differing on items of concern, such as devouring too many parking spots, not considering community needs, and lack of privacy from looming apartment complexes.

After perusing the renderings for the Batavia City Centre parking lot adjacent to the Bank of America drive-through along Bank Street, Richard Beatty noted what was missing.

“Looking at the existing parking lot, I'm concerned about the public market; its location right now in the O’Lacy’s parking lot is not good. I think there's a battle between O’Lacy’s and Angotti’s and the other places for parking. And it's just really not a pleasant experience,” Beatty said during the event at City Hall. “Whereas at the market, its last year's location was all right, it was much better where the police station is now. But that's gone; that issue has flown away. So, yeah, I would like to see more focus on the public market space. I think that's a good draw to the city, good draw for vendors. So I don't see anywhere in this that takes a look at that.

“It should be downtown, somewhere, somehow. And I think that's where it draws people into the city, and they're going to go to other places when they're in downtown,” he said. “I like public markets. I think, you go anywhere around Western New York, you go to public market sites, they're popular.”

The plan is to build an apartment complex along Bank Street from the corner of Alva Place south, across from the police station. That would bring more of the urban back into the city and bring it closer to the street that urban renewal removed, said Ed Flynn, vice president of LaBella Associates and project consultant. 

Flynn walked through all of the plans, beginning with Batavia Creek Side right behind the ice rink on Evans Street. There’s Concept A, with buildings closer to the water and to Ellicott Trail.

“This has the images of the concepts right here the trail is right next to where the market rate apartment would be. And then over here, this is kind of the view looking where the current gazebo is, and then there’s a space for a potential cafe as well,” he said. “Another concept (B) which has all the buildings kind of right next to them, not along the trail, and a little bit more green space. And the ice rink is a little bit to the south of the current ice rink right now, still the gazebo there, still a lot of green space.”

City resident Janice McFollins liked the first concept because the buildings were more separated and didn’t seem as crowded together. She and City Councilwoman Tammy Schmidt agreed that the rendering was more appealing, and Schmidt suggested that perhaps one row of buildings could be for tenants age 55-plus and the other set for families with children.

“I just think it is very nice looking,” McFollins said. “Very neat.”

They also liked the idea of a first-floor parking garage that would be part of the development, since nothing could be built on the first floor due to the flood zone, Flynn said.

He continued on with the tour of conceptual plans.  

“And then over here we have some reorganization of the City Centre parking lot, a little bit more pedestrian friendly, a bit more efficient in terms of the traffic flow. And then potential liner buildings along Bank Street for potential apartments or more innovative retail on the first floor,” he said. “And then this is an idea for the former JC Penney site, which would also do some more housing as well, or hotel.”

The city doesn’t own the Penney’s building, and that is to go up for auction by the lender, but city officials are hoping that these concepts will help provide prospective developers with ideas and some plans to pursue, he and Batavia Development Corporation Director Tammy Hathaway said. 

The parking lot is owned by the city, and there will be future discussion about the bank drive-through, Flynn said.

“So I still need to talk to the bank, have some conversations with them. The idea is they have kind of liner buildings like that between (Bank of America and the police station),” he said. “So more urban, more back to rebuilding the urban grid that used to be here.”

Taking up more parking spaces concerns RaeAnn Engler, treasurer for the GO ART! Board of Directors. She has seen how busy the parking lot can get and wonders how it would handle an apartment filled with tenants in need of parking spots. 

“I’m a little concerned about that, and I'm not sure exactly what it's doing to parking space for people. I don't know if there's underground parking in these buildings the way they are over by the creek, so those people are going to need to park in that parking lot,” Engler said. “And what's it going to do to draw people downtown? A concern.”

Other aspects that people liked included:

• Creek Park Development (Concept A) looks great
• Underbuilding parking
• JC Penney/parking lot concepts
• Love apartments

Concerns included:

• Kayak/boat launch for Creek Park
• Perhaps some sort of incentive to property owners on the west of the creek to maintain their backyards
• Maybe condos
• No privacy for homes across the creek, junk in the creek
• What happened to the park that was going to be there?
• Where is the city snow going?
• How does this impact properties on the other side of the Tonawanda? 
• Upkeep?
• Parking plan for Alva and Jefferson — don’t cut off access
• Is City Centre east parking shared between residents and visitors? 

All public comments will be taken back to a committee to work out the “best use of this area, reinventing the area for revitalizing it,” Hathaway said. 

“If we can incorporate them into changing any of the renderings, that's what we'll do. Then we'll change them. I would say it's going to happen in January … and then we'll probably do some sort of a press release after the public comments (to say) this is what we came up with,” she said. “It's really up to a developer, but this gives us guidance for a developer as to what the committee is determined is best use for an area.”

These latest comments will be combined with input from the county’s housing study this fall, and “we will put that all together,” she said. " All of our conversations going forward with developers will incorporate those thoughts.”

Have developers expressed interest in these projects? Hathaway takes a phone call from one at least once every other week, she said. Creek Park Batavia LLC cannot be sold just yet until the flood map and newly zoned floodway are settled and city officials have more answers from the Federal Emergency Management Agency, she said. 

“So the city is waiting for answers to come back on the questions that they asked regarding the change in the floodway, how that impacts the area, if it was already in a flood zone, so developers know they've had to build a flood compliance,” she said. “But now you add on the extra engineering fees and everything because of the floodway. So we want to make sure that if there's any way that we can have something changed ahead of time, we want to do that.”

A call was put out Sunday for members of Batavia Players to rally together and attend Monday’s City Council conference session to support Norm Argulsky and Jo Coburn as they spoke on behalf of the nonprofit.

The two members wanted council to know how much the organization means, not only to Batavia Players themselves, but also to area businesses and the community at large, in light of financial troubles and owing the city back rent, Coburn says.

“I just want everyone on council … to see all the other positive things in the community that we do. We do a lot, I don’t think everybody realizes it. We are involved in every bit of it,” Coburn said after the meeting. “We’re just asking for more time to bounce back. We are just getting known on Main Street. It’s not that we don’t want to pay it. We’re limited in the ways we can raise money.”

The Players have paid $160,000 in rent from 2020 to 2023, however, during the COVID-19 pandemic, the theater was shut down and they were unable to perform and therefore unable to make money, she said. So they fell behind in rent. 

“We’ve been in discussions with the city since November about rent renewal and repairs,” she said. “It came to our attention that maybe not everyone on council has the information about what we do.”

The city had asked Batavia Players for a five-year financial projections plan, and one was submitted without enough detail, Coburn said. Another one is being drafted to include more of what happens at the theater — newly built and celebrated at Batavia City Centre — such as open mic nights, civic organization meetings, education sessions, dance recitals, college productions, stage combat lessons, the recent Hometown Christmas festivities, a scavenger hunt collaborating with other city businesses, Halloween trick-or-treating and tours, and live performances.

About eight members of the Players, including their attorney Ted Graney, showed up to the council meeting. “We just want the city to know how deep the support goes,” Coburn said.

She understands the city’s position, and officials have been patient and supportive, she said. She hopes that they will “please continue so that we can be the flagship live performance” venue for downtown. She doesn’t want it to get contentious and hopes that both sides can work something out, including leaks that have erupted from the green room ceiling. 

Batavia Players will be celebrating a 100-year existence in 2032, Argulsky said, and Batavia is "very, very luck to have a group" like it that performs 12 productions a year and brings a "cultural-plus" to the city.

The Players can only raise so much money and sell so many tickets, though, he said, and it's quite an expensive endeavor to operate a theater, and he wanted city leaders to keep that in mind. He and his fellow troupe members hope a friendly solution can be found. They are having a fundraiser specifically to raise $25,000 for the back rent through donations and sponsorships.

City Manager Rachael Tabelski said that the theater owes approximately $27,000 in back rent. The Batavian asked what the city's next steps would be, and if it would take legal action against the organization. 

 “We are awaiting an executive summary and five-year financial projections of the Players' plan moving forward,” she said.

City Council members said they have nothing against the theater, but that there are expenses involved in operating City Centre and unpaid bills fall on taxpayers to cover. 

Press Release:

Batavia Downs Gaming & Hotel has announced that tickets are now available for several indoor concerts in the Park Place Event Center on Thursdays throughout the upcoming Winter and Spring months.

All events will have General Admission tickets, and some will have VIP tickets.  All tickets include $10 back in Free Play to be redeemed at Player’s Club. These shows will all begin at 7 p.m.

“As Batavia Downs continues to grow with weekend events, we’re excited to introduce a brand new Thursday night concert series that stretches from mid-December to mid-May, “ said Byron Brown, President & CEO of Batavia Downs.  “With a wide range of musical acts, including Polka, Rock, Comedy and Country, we’ve got something for everyone.”

On December 19, Batavia Downs welcomes Terry Buchwald as Elvis Presley. This acclaimed musical experience showcases Terry Buchwald's talents, as he has done for many years, performing “The King” Elvis Presley’s greatest hits throughout the ‘50s, ‘60s, and ‘70s. This show will have GA ($10) and VIP ($15) seating.

On January 9, WBBZ’s Polka Buzz returns to Batavia Downs. Listen to polka music from the New Direction Polka band while Ron Dombrowski hosts WBBZ’s weekly show. You may even see yourself on TV. This show will have $10 GA seating.

On January 16, “Band on the Run Live”, a Tribute to Sir Paul McCartney, will rock the Park Place Event Center stage at Batavia Downs. Take a trip through Paul’s music throughout his iconic and award-winning artistic career with the Beatles, Wings, and as a solo artist. This show will have GA ($10) and VIP ($15) seating.

On February 27, Jason Ostrowski will return to Batavia Downs to perform the greatest hits of piano-rock legends Elton John and Billy Joel! Enjoy back-to-back hits from the Piano Man and the Rocket Man live inside the Park Place Event Center. This show will have GA ($10) and VIP ($15) seating.

On March 13, 2025, Batavia Downs welcomes Frank Spadone's comedy. Frank has been featured at comedy festivals in Australia and South Africa and is a regular face at the prestigious Just For Laughs Comedy Festival in Montreal, Canada. His movie credits include “Harold and Kumar Go To White Castle,” and he has appeared in several television series. This show will have both GA ($10) and VIP ($15) seating.

On April 10, 2025, following their acclaimed set during the Rockin’ the Downs Summer Concert Series, Tiny Music Band will grace the Park Place stage to perform a standing-room-only show. This tight, talented group will showcase their skills playing crowd-pleasing party hits throughout the night. This show is FREE. There will NOT be seats, but an ADA-seated section will be available for those who need it.

And finally, on May 22, 2025 the popular Zach Brown Tribute Band (ZBTB for short) will close out the Thursday concert series with a bang, playing a mixture of Zach Brown Band hits alongside country and rock classics. Known well throughout the area, this band is sure to please music fans of all genres. All tickets for this show are $15. This show will NOT be seated (ADA ticketed seats will be available).

General admission tickets are now available on BataviaConcerts.com, and the Lucky Treasures Gift Shop is located in the lobby of the main entrance of Batavia Downs. VIP tickets will be available exclusively at BataviaConcerts.com. Hotel Specials for select events are available on the Hotel Deals tab on BataviaDownsGaming.com.

Batavia Downs’ Summer Concert Series announcement will take place later in December.