A man who admitted to child sex abuse in 2019 only to face new sex abuse charges two years later, came into Genesee County Court today expecting to be told he would spend at least another 10 years in prison, not, potentially, the rest of his life.

But a life sentence is now a real possibility after Judge Melissa Lightcap Cianfrini rejected the guilty plea of Wesley N. Thigpen from last May, which came with a 13-year sentence cap as part of the plea deal.

Cianfrini decided to reject the previous plea agreement after receiving numerous letters from family members of a victim, and law enforcement expressing dismay at what seemed to them an inappropriate sentence.

The judge said she also reviewed the pre-sentence report by the Probation Department and found it "woefully inadequate." 

So she asked Assistant District Attorney Joseph Robinson if he had a new plea offer, and Robinson did.

Thigpen is being given time to consider an offer of a guilty plea to predatory sexual assault against a child, a Class A-II felony, with a sentence of 10 years to life.

If he rejects the offer, his case will go to trial on Feb. 4.  He has until 11 a.m., Oct. 3 to decide.

In January, Thigpen was indicted by a Genesee County Grand Jury on four counts of predatory sexual assault against a child. 

The indictment accused him of engaging in oral sexual conduct with a person less than 13 years old while he was at least 18 years old or older between the dates of June 1, 2014, and Aug. 31, 2014. He is accused of engaging in two or more acts of sexual conduct with a child less than 13 years old over a period of time not less than three months.  He is accused of engaging in sexual intercourse with a person less than 13 years old.

In September 2019, Thigpen entered a guilty plea to a child sex abuse charge with a four-year prison term agreement.  He entered the plea on an "Alford basis," meaning that he believed a jury would convict him based on the evidence that would be presented at the trial but not admitting that he actually committed the crime.  He accused the child witness of lying.

Cianfrini was first assistant district attorney at the time and prosecuted the case.

Batavia City Schools issued a letter this morning to parents regarding respectful etiquette and the use of security measures for football games -- including wand checks, a new security service and an age limit for attending without an adult -- at Van Detta Stadium.

The Board of Education had approved hiring Armor Security earlier this year. 

The fee is $29 an hour per guard at about five hours each, Superintendent Jason Smith said. That’s about $580 per game, or $2,900 for five games.

You can attribute at least some of the need for this to the Batavia Blue Devils’ track record, Smith said at the time of the board's vote in May. 

“That’s for special events, home football games. We’re drawing 1,000 people or more at those games,” he said to The Batavian. “With a successful team, you draw more people.”

Another change is a $2 admission fee for all varsity football games. Students and seniors 62 and older will get in for free.

The letter addressed to district families is below:

As the 2022-23 school year is upon us, we are excited to announce that our state-of-the-art facility at VanDetta Stadium will once again be hosting Varsity Football games.

We continue to make safety our number one priority for students, staff, and community members attending events at VanDetta Stadium. We’re anticipating large crowds throughout the season, and we want to make you aware of some enhanced safety protocols, guidelines, and expectations when attending:

● All attendees will be wand-checked by our security team to ensure no prohibited items are brought into the facility.
● VanDetta Stadium is located in a neighborhood, so please be courteous and do not block driveways, throw trash on the ground, or use foul language. Please be a good neighbor.
● All students ages 12 and under should be accompanied by an adult.
● We will be charging adults a $2 admission fee for all Varsity Football games. Students and seniors ages 62 and over will have free admission.

We’re also enhancing our security presence around the stadium during events. We’ve hired Armor Security to help support our administrators, athletic event workers, and the Batavia Police Department to make sure safety remains a priority at our events.

We cannot wait to welcome you back to VanDetta Stadium for another exciting season of Blue Devil events and cheer on our wonderful student-athletes. Let’s all do our part to keep our school grounds, students, faculty, staff, and community safe.

Thank you,

Jason Smith, Superintendent & Mike Bromley, Director of Health, Physical Education and Athletics

Go here for prior coverage about the security company. 

Marc Staley and John Kirkwood, representing Notre Dame and Batavia high schools, respectively, made a pitch — or more accurately, a shot attempt — Monday to the city school board to establish a modified hockey team.

After noticing the number of younger students not qualified for Varsity or Junior Varsity teams, the coaches agreed that there would be enough students for a modified program, they said.

"And we can incorporate these kids already into our summer lifting program into the platform app, and also in our GroupMe app, in which we communicate with them … just to really let the kids know like, even though they're not necessarily in the program right now, that we're aware of them, we want to help start developing them,” Staley said. “And we've seen just tremendous participation from seventh and eighth graders all summer long. Now, I know they're a little younger, they don't have summer jobs and stuff like that, like some of the older kids do. But the numbers really would support a modified program.”

They had originally tallied 16 players and then found two more, a goaltender and a girl hockey player, which lends well to prep for the fastest growing collegiate sport in the country, he said, of women’s hockey.

A fee of $1,800 to cover games and referees would amount to about $100 per athlete, Staley said, not including transportation. A modified program would not compete with youth hockey, though it does “bump up against spring season,” he said.

“We don’t think it’s going to cause much of a problem with schedules,” he said.

Modified teams have one color, and this one would likely be either royal blue or white. The cost of those would be covered by the hockey boosters, he said.

There are 14 modified teams that play in Buffalo, and none in Rochester, he said. There would need to be some practices before they go and play, he said, so “there would be some expense there … less than $1,000.”

Notre Dame would share the cost, and “everything is broken down by kid,” Staley said. Eighth-graders are eligible to try out for junior varsity, however, they must pass a fitness test to do so, Kirkwood said.

“And we don't want to get in a situation where we have an eighth grader who either doesn't pass the test or may not be ready physically for the physicality of a JV team. So to have this option softens the level of effort kids who may not make the JV as an eighth grader but may be a great player,” he said. “So we're trying to mirror some of the most successful programs that are here and saying is this something that we can offer? The only other additional expense would be, maybe before these kids are all going to be in shape, they're going to just play a full hockey season. And they're going to be I think excited to come together for like a little mini-season.”

There are no more league fees, Staley said, which saves thousands of dollars, and “we run a gate now,” which should total $10,000 of admission coming into the program. They have fundraisers for those “soft goods” of gloves, shells and similar needed accessories, and have emphasized the idea of community service, Staley said. Of the 41 kids in Varsity and Junior Varsity, 28 worked at least three hours each at the annual Crossroads garage sale, loading and unloading merchandise.

“I’m a firm believer that, (and tells the kids) if you want the community to come to your games, you better get out there,” he said.

This past year students put in a collective 400 hours of service, “and counting,” he said. He and Kirkwood, a city school district teacher, have challenged the kids to reach 1,000 hours next year. It goes hand-in-hand with playing sports, which would be enhanced by a modified team, he said.

“We think this will be a great step in the right direction, and really give these young kids something to get excited about,” he said.

In his written proposal to the board, Staley offered to be coach of the "United Mod Squad" program without any compensation, as he feels it is part of his role as head coach of the United hockey program. Modified games would be played at Harbor Centre in Buffalo, and go from March 6 through April 23, 2023.

The puck apparently slid into the net. Board members John Marucci, Alice Benedict, Jean Lendvay, Barbara Bowman, Chezeray Rolle, John Reigle, and Korinne Anderson unanimously approved the request.

Photo: John Kirkwood, left, and Marc Staley present their plan to establish a modified hockey program for Batavia City Schools and Notre Dame High School. Photo by Joanne Beck.

While she reads district policies, she may not read every policy, Benedict said, but more to the point, she thought the district was on top of equipment inventories and related service fees.

“I thought the district was keeping track … and then we found out that it wasn’t,” Benedict said during the board’s meeting at Batavia High School. “I think there are some things in the district that we are making assumptions about. It was assumptions I made that it was being taken care of.”

Superintendent Jason Smith had previously issued a press release listing the state

Comptroller's findings, including nearly 300 pieces of technology equipment that were missing or otherwise unaccounted for, and a related $17,000 service fee paid for those items. 

She didn’t want any one board member to feel it was his or her fault, Benedict said.

Board President John Marucci, along with Smith, answered questions from The Batavian that were published earlier Monday. Marucci pointed to his comments in that article about feeling disappointed in the findings and encouraged by Smith's response.

“I was not happy with it at all,” Marucci said.

He also said that he has the “utmost faith” in Smith and district staff to take the appropriate corrective measures to stop this type of thing from happening again.

Smith said that systems are in place and that by working with a third-party consultant, the district is developing a plan of action to remedy those procedures that either were not in place or fell through the cracks, especially during personnel changeovers and COVID protocols.

The consultant — Webster-Szanyi law firm — was selected out of five proposals at a net cost of $8,753.13 to the district after BOCES aid was deducted. The Batavian submitted a question to Smith about the total aid received.

The law firm is providing the district with two educational consultants who specialize in school technology service reviews, Smith said. Work has already begun, and is to be finished by January, he said.

Here is the prior announcement about the audit from Smith.

Press release:

“We’ve Only Just Begun” Senior Luncheon group gets together the 3rd Tuesday of each month for lunch at the South Alabama Firehall (Bring a dish to pass) from 11:30 a.m. to 1:30 p.m. and is followed by a speaker or an event.  This month our Guest Speaker is Maureen Estabrooks, a Specialist from the Genesee County Office for the Aging.  She will be giving us an overview of all the services that our Genesee County Office for the Aging provides to people age 60 or older.  Please come and bring a dish-to-pass and enjoy lunch and an afternoon of unlimited information on “How to Age thru the years”!   The September Theme will be “Football”, so please wear your favorite team colors! Open to the Public, everyone is invited to participate.     Co-Chairpersons:  Michael Hamm and LaNora Thompson     Contact Person:  LaNora Thompson (630) 888-8966

We also have two new bus trips scheduled that are open to the public: 

October 13, 2022 Geneva and Canandaigua to tour the Rose Hill Mansion with time to shop, Nolans in Canandaigua for a wonderful lunch, then onto Sonnenberg Gardens for guided tour through the gardens, mansion and greenhouse.  Time to shop and followed by wine tasting. $145/person

November 2-3, 2022 Lancaster, PA to Sights and Sounds to see “David”, also Amish experience, Bird in Hand Restaurant Smorgasboard, guided Farmland Tour, and shopping & lunch at Kitchen Kettle Village. $369/person (double occupancy)

Registration deadlines are quickly approaching in early September so don’t hesitate if you want to make the trip.

For more information, please contact Jane Glor (585) 948-3066

Press release:

The New York State Office of Addiction Services and Supports has announced that Genesee/Orleans Council on Alcoholism and Substance Abuse has been selected to receive a procurement award of $249,900 to improve the agency’s ability to provide non-medical transportation to its clients.

With this two-year grant, GCASA literally is in a position to make the “road to recovery” much easier for residents in the tri-county area (Wyoming County is included).

“This award will allow us to build upon what we already do in terms of transporting clients to their appointments by allowing us to add more focus on essential trips for non-medical reasons in addition to coordinating rides to and from counseling and treatment sessions,” said Rosalie Mangino-Crandall, GCASA’s director of Project Innovation & Expansion.

Mangino-Crandall said the bulk of the funds will be used toward hiring new drivers and transportation costs. Funds also will enable GCASA to establish contracts with cab companies and to market the program to the community.

“One of the requirements is for us to expand transportation services from five to seven days per week, and we’re already in the process of planning for that change,” she noted.

Transportation Coordinator Nickole Millette, an Attica resident who served GCASA as a driver for a year before moving into her current position in 2021, said the agency wouldn’t be able to serve its clients effectively without being able to provide rides.

“These people are at different stages of recovery and most of them do not have a car,” she said. “So, it’s crucial that we’re able to fill that need.”

She estimated that her office has set up more than 800 rides since the first of the year – mostly through Medicaid.

Currently, GCASA employs a full-time and part-time driver to shuttle clients throughout the city – some to The Recovery Station on Clinton Street Road – with pickup points at DePaul, St. Jerome, GCASA and Liberty Square.

“We rely on the taxi companies for trips to Rochester and Buffalo, but we provide service to Albion on Tuesdays and Thursdays,” she said.

Millette said some of the grant money will be used to explore expanding its appointment process or to utilize a different system that clients can access to make an appointment for rides.

“Our goal is to make it as efficient and easy as possible for our patients to get to their appointments, whether it be to the dentist, court, Department of Social Services or to come here (The Recovery Station) for social time,” she said. “I can tell you that the clients – many with no family support -- really appreciate the help.”

OASAS Commissioner Chinazo Cunningham emphasized the importance of providing reliable transportation for those seeking services for a substance use disorder.

“This pilot program allows us to work with our providers on the ground to address these issues, and improve transportation services for people in need of further support or resources,” she said in a press release. “For many people who need services, the lack of resources to travel to and from the programs they need has a negative impact on health outcomes. This has been made worse in some cases due to the COVID-19 pandemic.”

Funding awarded under this program must be used for non-medical transportation needs, such as recreational activities likely to increase social connection or emotional well-being, recovery supports, peer interactions, formal or informal mutual support groups such as SMART Recovery and AA or NA meetings, and rides to treatment or harm reduction services or to service providers.

Data and information from this pilot program will help to guide further expansions of transportation services across the state.

Press release:

The Holland Land Office Museum is proud to announce its next Trivia Night at the museum on Thursday, September 8th at 7 pm. This month we will be meeting at the GO ART! building located at 201 E. Main St. in Batavia. This month's topic is Elizabeth I in honor of the queen's birthday. Admission is $3 per person or $2 for museum members. Come and join us at GO ART!, where you can also enjoy beverages served by Tavern 2.0 while testing your Elizabethan knowledge. Please contact the museum if you would like to attend at 585-343-4727 or hollandlandoffice@gmail.com.

The Holland Land Office Museum is proud to announce its next presenter in our Guest Speaker Series on Wednesday, September 14th at 7 pm. Deanne Quinn Miller will be presenting on her recently published book, "A Prison Guard's Daughter: My Journey Through the Ashes of Attica." The book is her mission to find answers to the death of her father, a corrections officer, during the Attica Prison riot on September 13, 1971. Copies of the book will also be available in the museum gift shop. Admission is $5 or $3 for museum members. If you would like to attend please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The Guest Speaker Series is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council on the Arts with the support of the office of the Governor and New York State Legislature and administered by Go ART!

The Holland Land Office Museum is proud to announce its next Java with Joe E. morning presentation series on Thursday, September 22nd at 9 am. This month's presenter is Greg Van Dussen. Mr. Van Dussen is a local author and former Methodist pastor. He has also taught at the Northeastern Seminary at Roberts Wesleyan College. His topic will be the Methodist Circuit Riders of North America, focusing primarily in areas of the Northeast and Midwest. The presentation is free to attend and coffee and donuts will be provided. If you would like to attend please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The Holland Land Office Museum is proud to announce the return of its West Side Batavia Ghost Stories. Connie Boyd will be sharing the spooky, sinister, and weird documented stories from the West Side of Batavia's past. Come and listen to tales of murder, ghosts, body-snatching hangings, and abandoned cemeteries. This presentation is the same as our Ghost Walk, perfect for those who don't want or aren't able to go on our guided Ghost Walks. Tickets are $5/$3 for museum members. If you would like to attend please contact the museum at 585-343-4727.

Press release:

The Blessing of the Animals Service:  Sunday, Sept. 25 at 10:00 a.m. at the Morganville United Church of Christ, 8466 Morganville Road (1 mile north of Stafford off Route 237).  This event will be held rain or shine.  Your pet needs to be kept under your care during the service and blessing.  Photos of your special friends may also be brought to be blessed.  Certificates of Blessing will be provided. Light refreshments will be served following the services. 

Submitted photo: Rev. James Morasco and Willow. 

PUBLIC NOTICE: 

PLEASE TAKE NOTICE that the Public Hearing for all residents and land owners in Sewer District No. 1 (Central Byron) and Sewer District No. 2 (South Byron) scheduled for Tuesday, September 6, 2022, at 7:00 p.m. concerning the proposed consolidation of Sewer District No. 1 (Byron Central) and Sewer District No. 2 (South Byron) treatment systems into one (1) Wastewater Treatment Plant with Disinfection Improvements included has been canceled.  

Dated:  August 29, 2022
Debra Buck-Leaton
Town Clerk

Publisher's Note: Legal Notices/Public Notices are published by The Batavian for free as a public service pending revision of state law that will allow digital news publications to publish legal notices that meet the legal requirements of such notices. Clerks: Email your notices to news@thebatavian.com.

The following people were arrested by the Genesee County Sheriff’s Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Aug. Both were issued appearance tickets.

Chelsea E. Kirsch, 28, of Weimars Street, Buffalo, is charged with harassment 2nd after allegedly kicking another person in the head.

Tina M. Simmons, 40, of Schuster Road, Schenectady, is charged with harassment 2nd after allegedly striking a Live Nation security guard in the head.

The following people were arrested by the Genesee County Sheriff’s Office during the Wiz Khalif concert at Darien Lake Performing Arts Center on Aug. 25. All were issued appearance tickets.

Brook L. Garrett, 20 of Elmwood Avenue, Buffalo, is charged with harassment 2nd after allegedly striking a Live Nation security guard in the head.

Anthony J. Connolly, 18, of North Main Street, Angola, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kelly J. Norah, 20, of Main Street, Brockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kimberly A. Fox, 44, of Batavia, is charged with criminal contempt 2nd. Fox is accused of violating a stay-away order of protection on Aug. 22 at 2:40 p.m. at a location on Vine Street, Batavia. She was arraigned in City Court and ordered held on $1,000 bail, $2,000 bond, or $5,000 partially secured bond. Fox is also charged with two counts of criminal contempt 2nd stemming from an incident reported on Aug. 19 at 10:30 a.m. on Vine Street.  Fox is accused of violating an order of protection by yelling at two of her neighbors. Fox was arraigned on those charges and released under supervision. She is also charged with criminal contempt 2nd stemming from an incident reported on Aug. 17 at 8:30 p.m. on Vine Street. She was arraigned in City Court and released under supervision. Fox is also charged with harassment 2nd stemming from an incident reported on Aug. 18 at 8:53 p.m.  She was arrested on a warrant on that charge, arraigned in City Court, and released under supervision.

Tommy L. Crawford, 33, of Batavia, is charged with criminal impersonation 2nd and bail jumping 3rd. Crawford reportedly refused to pay a bill at a motel on Oak Street on Aug. 20 at 1:25 p.m. While police officers investigated the complaint, Crawford allegedly provided the officers with a false name.  He was also wanted on three bench warrants.  He was arraigned in City Court and ordered held on $10,000 bail, $20,000 bond, or $40,000 partially secured bond.

Crystal A. Mounts, 45, of Batavia, is charged with conspiracy 5th, criminal possession of stolen property 5th, possession of a forged instrument, forgery 2nd, and grand larceny 4th. Mounts was taken into custody on a warrant stemming from an incident reported at 6:10 a.m. on April 30.  She was arraigned in City Court and ordered held without bail.

Andrew J. Draper, 43, of Batavia, is charged with criminal contempt 1st. Draper is accused of violating an order of protection at 4:57 p.m. on Aug. 24.  He was issued an appearance ticket. 

Ricky A. Marsceill, 58, of Batavia, is charged with criminal possession of a controlled substance 7th. Marsceill is accused of being in possession of a controlled substance at 10:30 p.m. on Aug. 24 at a location on West Main Street, Batavia. He was issued an appearance ticket.

Joshua E. Burt, 33, of Lyndonville, is charged with DWI, driving with a BAC of .08 or greater, and driver's view obstructed.  Burt was stopped on Aug. 21 at 1:57 a.m. on East Main Street by a Batavia patrol officer. He was issued an appearance ticket.

Wendy L. Shako, 56, of Batavia, is charged with criminal mischief 4th. Shako is accused of smashing the rear window of a vehicle on Aug. 21 at 12:31 p.m. on Buell Street, Batavia.  She was issued an appearance ticket.

Eric P. Doleman, 52, of Pembroke, is charged with two counts of petit larceny. Doleman is accused of stealing from a business in Batavia on Aug. 18 at 1:37 p.m. He was issued an appearance ticket.

Kyle J. Schroeder, 25 of Le Roy, is charged with DWAI combined drugs, failed to stop at a stop sign, criminal possession of a controlled substance 7th, and failure to appear. Schroeder was located and arrested on a warrant when Batavia PD was dispatched to a check-the-welfare call stemming from an incident reported on April 29 at 145 p.m., at a location on Ross Street.  While being processed, Schroeder was allegedly found in possession of a glass pipe that tested positive for cocaine, leading to an additional charge of criminal possession of a controlled substance 7th. Schroeder was arraigned in City Court and released on his own recognizance.

Anthony L. Vanelli, 45, of Batavia, is charged with failure to appear.  Vanelli turned himself in on a warrant out of City Court. He was arraigned and ordered held at the Genesee County Jail.

Jacqueline R. Garrett, 43, of Le Roy, is charged with petit larceny. Garrett is accused of stealing merchandise from a business on East Main Street, Batavia on Aug. 22 at 12:15 p.m.  She was issued an appearance ticket.

Gary E. Jackson, 30, of Batavia, is charged with harassment 2nd, obstructing governmental administration, and resisting arrest. Batavia PD responded to a disturbance call on Aug. 14 at 1:48 p.m. on Liberty Avenue. Jackson is accused of shoving a Batavia police officer when he was advised that he was under arrest.  Jackson is accused of continuing to resist and being combative with police officers.  He was issued an appearance ticket.

Devin B. Carleton, 21, of Allis Road, Albion, is accused of violation of a family court act.  Carleton was arrested in Orleans County on a Genesee County warrant, arraigned in Le Roy Town Court, and turned over to the Wyoming County Sheriff's Office on a warrant out of Covington Town Court.

Robert A. Drewry, 56, of Keller Road, Hamburg, is charged with petit larceny. Drewry is accused of stealing money from a vehicle parked on Harloff Road, Batavia, on June 8, at about 6 p.m. He was issued an appearance ticket.

Krista S. Kiblin, 32, of Rochester, is charged with petit larceny. Kiblin is accused of shoplifting approximately $200 in merchandise from Crosby's on Clinton Street Road, Batavia, on Aug. 25 at 11:46 a.m.. She was arrested by State Police and issued an appearance ticket.

A state audit discovered nearly 300 pieces of technology equipment missing and unnecessary service fees paid out for those items and those events resulted in a third-party consultant at an additional cost of $8,700.

District taxpayers have a right to be concerned, Batavia City Schools Superintendent Jason Smith says. 

First and foremost, how do you address taxpayers that may have either lost trust, or confirmed their distrust, in district administrators and board members as the guardians of taxpayer money?
He acknowledged that “our taxpayers — including myself as a resident and taxpayer of the BCSD, along with our board members — are right to be concerned about this audit.”

“Our role as fiscal stewards of the Batavia community is vitally important and we need to and will do better in this area moving forward. As the leader of this district, I’m taking this audit seriously and making it a high priority with our administrative team going forward,” Smith said. “I do not take any fiscal responsibility lightly, and understand and value the trust the community gives us to handle tax dollars appropriately.    

“We are developing a detailed corrective action plan — due in 90 days —  that the Board will review and approve, and will be made available to the public as part of a future board agenda. Under my leadership, we fully intend to improve our IT management, implement our corrective action plan, and then carefully monitor the results and new procedures,” he said.  “In addition, our internal and external auditors have been made aware of the comptroller audit and will also work with the district to ensure all procedures are being followed and implemented—as will I and our leadership team.”

Was the district aware of these discrepancies/issues before the comptroller report, or did the audit find these issues?
"The goal of any comptroller audit is to bring attention to areas of concern for school districts and municipalities. The audit found the majority of our IT issues, although prior to my arrival, it’s my understanding the district was generally aware of some of these IT inventory concerns," he said.

Smith included a note for context that “audits of school districts are common and occur on a regular basis, every five years or so for each district.”

According to the State of New York Office of the State Comptroller, “A top priority of the Office of the State Comptroller is to help school district officials manage their districts efficiently and effectively and, by doing so, provide accountability for tax dollars spent to support district operations. The Comptroller oversees the fiscal affairs of districts statewide, as well as district compliance with relevant statutes and observance of good business practices. This fiscal oversight is accomplished, in part, through our audits, which identify opportunities for improving district operations and Board of Education governance. Audits also can identify strategies to reduce district costs and to strengthen controls intended to safeguard district assets.”

As for the missing IT equipment, how did that happen? Were these items on loan to students/staff and weren't returned, or another scenario? What was the procedure supposed to be?
"While there is no excuse for the results found during this audit, we do recognize that the turnover in BCSD administration and our IT department since 2019 contributed to and compounded our IT management issues," he said. "Once we have completed the assessment from the third party company, we will take steps towards also establishing stronger leadership for our IT department. 

"Some items were given to families and not returned and some were given to staff and have not been located in their classrooms.  During the audit itself and as a result of surveying our staff, we found additional missing items reducing the impact of the audit results.

"The procedure should be and will be the development of a detailed inventory list that will match the inventory that has been distributed along with a process for monitoring new/out-of-service inventory and the distribution and return of all IT devices. This will be part of our required corrective action plan that I will personally oversee.

"Over the last 20 years, there have been six different IT directors and approximately six years without an IT Director, mostly due to budget constraints. Hindsight is always 20/20, and looking back, the district may have been penny-wise but pound-foolish in this approach of not having a dedicated IT director for a number of years. We look forward to the incoming recommendations from our third-party company on how best to proceed."

Who is that third party, and what is the fee for this service?
"After reviewing five proposals this past spring, the district selected the Webster-Szanyi law firm as our third-party IT consultants.  The net cost to the district is $8,753.13 after BOCES aid," Smith said. "The firm is providing the district with two educational consultants who specialize in school technology service reviews. Their work has already begun and will be concluded by January."

Doesn't the board have a role in issues like these, such as having to approve the yearly $17,000 fee and being aware of how equipment is being used and its status from the beginning to end of the school year?
"These fees are embedded in our general BOCES bill and not necessarily a separate line item for approval.  We use BOCES to reduce the local share as we receive BOCES aid. The Board should have full confidence and will have full confidence moving forward that leadership is monitoring the use of the equipment, and will be aware of related procedures and will review and approve related policies and our corrective action plan, due in November," Smith said.

How many years has that fee been paid so far? Was it 2021 and 2022 or also 2020?
"The inventory list contained items dating back to 2006. The District pays BOCES fees for each item that we lease, and the $17,000 reported in the audit reflected fees we paid for unused/lost items in our inventory for the 2021-22 school year," he said. "The audit caused us to dig deeper into our current IT inventory, and we have since reduced additional BOCES fees for our current technology equipment resulting in a reduction of $109,000 from our BOCES bill."  

If/when the missing equipment has to be replaced, how will that be funded? How were these items funded ($891,000, I believe) originally? 
"Our IT BOCES expenditures are included in our General Fund Budget but sometimes (relatively minor) items are purchased from State/Federal grants. If we use State/Federal Grants, we do not receive additional BOCES aid. We purchase/replace our IT equipment in cycles so as to not spike the General Fund Budget in any given year," he said. "There is no need to replace those items as the devices are now obsolete."

You have stepped up to take responsibility, but how will your measures put more responsibility on staff, since you can't monitor everything all the time?
"My job is to work with our team and our third-party consultants to develop and implement clear procedures, carefully monitor those procedures, and hold us accountable to those procedures.  This is true for any area of leading a school district, since I cannot monitor everything all the time, my staff will play a vital role in this moving forward," Smith said. "I can and will however monitor these procedures, do spot checks, and have frequent and regular check-in meetings with appropriate staff."

Does the school district have any intention of auditing other areas of the district where similar mishandling or lack of monitoring could also exist?
"We work closely with our audit committee, our internal auditors, and our external auditors on an annual basis. Areas of risk and improvement are identified on an annual and ongoing basis, and we regularly implement new procedures to ensure fiscal accountability," Smith said.

"Taxpayers have a right to be concerned in regards to this audit. The administration and the Board of Education need to and will do better moving forward," Marucci said.  "As board president, I take this audit and its findings very seriously, as do the other BOE members. Jason and his team are putting together a corrective action plan that will be reviewed and approved by the BOE. I want to assure the Batavia taxpayers that this issue is being rectified.

"Regarding additional audits for the rest of the district, we already have auditors in place to review departments on an annual basis, including an audit committee, internal auditors, and contracted external auditors. Each year, they review and identify areas that we could improve on or are of concern," he said. "These audit processes will continue to help ensure fiscal accountability."

What more can the board do to ensure that approvals for spending are necessary and accurately reflect the need?
"As a board, we expect the administration to give us accurate numbers. I trust Jason will make sure that any figures given to the board regarding need-based spending will be accurate moving forward," Marucci said. "It’s the board’s responsibility to do our own due diligence to ensure we’re thoroughly monitoring and reviewing spending requests."

What was the board's understanding when approving or being made aware of the $17,000 annual fee for equipment that, as it turns out, was not even part of district inventory? Moving forward, how can the board protect against such wasteful spending?
"Again, we expect the administration to give the board good and accurate information. This specific IT issue began while we were in the midst of the pandemic, we had a new superintendent, and we had management turnover in our IT department. It's not an excuse, it's reality," Marucci said. "Unfortunately, mistakes happened. Jason was brought up to speed on the issue when he arrived, and he and his team are aggressively putting an action plan in place to make sure this doesn’t happen again. As a board, we need to continue to ask questions to be certain that the information is accurate and gives us a full picture."

What is your overall response to the audit and its findings?
"I was disappointed, but I also understand that any New York State Comptroller audit is ultimately beneficial because it highlights areas of concern that need to be dealt with. Audits ultimately help protect the taxpayers," Marucci said. "With that being said, I believe in Jason, his team, and this board, and I’m confident this issue will be taken care of swiftly."

File photos of Superintendent Jason Smith, top, and Board President John Marucci, by Joanne Beck and BCSD website.

Of the 21 teams in Section V hockey, Batavia United Head Coach Marc Staley told participants in a bike rally yesterday, 14 of them charge their players to participate.

Events such as the bike rally on Sunday are fundraisers for Batavia United, so players and their families don't get stuck with those fees.

The funds help buy uniforms and equipment that the players are then able to keep at the end of the season.

The rally isn't a race.  It was either a 5K or 10K ride, depending on how far participants wanted to go, led by Batavia Patrol Officer Peter Post.

Participants also received a Bike Rally T-shirt.

Press release from the Automobile Association of America:

Today’s national average price for a gallon of gasoline is $3.85, down 5 cents from one week ago. One year ago, the price was $3.15. The New York State average is $4.14, down 11 cents since last Monday. A year ago, the NYS average was $3.23. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $4.27 (down 7 cents from last week)
• Buffalo - $4.19 (down 11 cents from last week)
• Elmira - $4.09 (down 12 cents from last week)
• Ithaca - $4.27 (down 16 cents from last week)
• Rochester - $4.26 (down 10 cents from last week)
• Rome - $4.40 (down 7 cents from last week)
• Syracuse - $4.23 (down 10 cents from last week)
• Watertown - $4.40 (down 10 cents from last week)

Stable global oil prices and modest domestic demand for gasoline has resulted in lower pump prices. Drivers are now benefiting from gas prices that are more than one dollar less than their peak in mid-June. But now we need to keep an eye on the weather as hurricane season arrives. Storms can affect prices by disrupting oil production in the Gulf of Mexico and impacting large coastal refineries.

This morning oil prices range from $94 to $101 per barrel. With Labor Day travel kicking off this week, travelers will benefit from lower gas prices.

From Gas Buddy:

“The national average has declined for another week, extending the slide for the eleventh straight week. Gas prices are now $1.20 per gallon lower than mid-June with Americans spending $450 million less on gasoline every day as a result," said Patrick De Haan, head of petroleum analysis at GasBuddy. "Some issues have developed that we're keeping a close eye on, including the shut down of the largest refinery in the Midwest. While that refinery may get back online sooner rather than later, it's not impossible that down the road the situation could impact prices in the region. For the rest of the country, however, we'll continue to see prices moderate. This is of course subject to hurricane season, and it does appear that the tropics are starting to see some activity, so there's no guarantee the decline will continue."

Press Release

All motorists please be aware that Bank Street, Chandler Avenue and Ross Street will experience traffic delays on Tuesday, August 30th and Wednesday, August 31stfrom 7AM to 3PM for a resurfacing operation. 

While work is being performed in this area, local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

This is weather dependent work; if work is postponed it shall progress the next workday.

Please contact the Bureau of Maintenance at 585-345-6400 Option 1 if there are any questions.

Jam at the Ridge closed out its 2022 summer concert season on Saturday with a big crowd and high energy for long-time hitmakers Sawyer Brown.

Photos by Howard Owens.

Members of the Just Kings Social Club gave back to their community on Saturday, handing out dozens of school backpacks, and other school supplies along with free hot dogs, hamburgers, and chicken at Austin Park.

There were also free haircuts from the Royals Barbershop for kids getting ready to go back to school.

Just Kings member Victor Thomas explained that the leadership of Just Kings are men who grew up in Batavia and have been part of the community their whole lives, so one of the organization's goals is to give back to their community. 

Just Kings grew out of the March for Justice in Batavia in June 2020.

The people showing up for the supplies and food made up a diverse cross-section of Batavia's community, and Thomas said he and the rest of Just Kings like to see that.

"That was a visual of what Batavia represented and what we represent," Thomas said. "That day, at that march, we saw 400-plus people and only a handful of us. We're just all mixed in with each other, you know? So we're a product of our environment. Yes, we are here for the black community and the black community knows that. We stand up for them whenever we can. We speak out against anything that's happened against our people. But as far as the community goes, this is what our community looks like. So we have to embrace what our community looks like. So I'm glad that they're embracing us and coming back and making this crowd look so diverse today."