CORRECTIONS: The board approved the moratorium on Nov. 9 and the state does not need to approve the zoning changes.
A potential 96-unit apartment complex in the Town of Pembroke raised issues that perhaps the town should address in its zoning code, according to Supervisor Thomas Schneider.
Schneider is suggesting a six-month moratorium on approvals for new proposed apartment complexes while the town forms a committee to study apartment zoning and propose new regulations that would eventually need state approval.
The Town Board discussed a possible moratorium at its Nov. 9 meeting, and will vote on it at a future meeting.
"The town felt it was necessary to pump the brakes a bit before new projects are proposed," Schneider said. "(We need) to bring the zoning law into line with our new normal here in Pembroke. The current zoning on multi-family projects has been relatively unchanged for 35 years. The town still supports development, but we do need to update the zoning law to make our expectations more transparent for developers and to give our Planning Board more tools to use in the planning stages of these projects."
Issues to address may include school bus traffic serving an apartment complex, green space requirements, the number of units per acre that should be allowed, and perhaps guidelines on design and materials. There may be other issues to raise, he said.
Schneider also told the board that given the possibility that any new complexes will receive tax abatement incentives from the Genesee County Economic Development Center, the town should consider imposing a community benefit fee.
Scheider said New York State allows for towns to implement zoning agreements with developers. His first idea is to require apartment developers to contribute funds for improvements to Pembroke Town Park.
The need for an update came to light, according to Schnieder, as the town worked through the approval process for Countryside Apartments.
Developer Mike Schmidt of Alden is planning to build four buildings over four phases at 8900 Alleghany Road. Each phase consists of a building with eight one-bedroom and 16 two-bedroom units, totaling 96 market-rate units, with 168 parking spaces along with garages.
Schmidt is planning on investing $15 million in the project.
GCEDC has approved financial assistance for the project, including an estimated $ 739,200 sales tax exemption, an estimated $ 2,020,688 property tax abatement, and an estimated $ 130,000 mortgage tax exemption.
The project has received all of the necessary approvals from the town for Schmidt to begin building.
With the expected job growth coming from two major development projects in WNY STAMP, a new distribution facility opening by the Thruway, as well as a new travel center, the demand for housing in Pembroke is on the rise and Schneider said he believes the town needs to prepare for it.
"My personal feeling on the whole thing is, as a former school board member, there are people who want to be in our district," Schneider said. "Our district does need kids in the district to help it survive."
While Schmidt was going through the approval process, and promising market-rate housing, some residents expressed concern that he would pull a bait-and-switch, the seeming fate of Ellicott Station in Batavia. Schmidt promised there would be no HUD-assisted units in his complex, the conversation suggested some residents oppose low-income and very low-income housing in Pembroke.
Schneider said on Thursday that even if the town wanted to try and block rent-subsidized apartments, it doesn't have the authority to do so.
"I don’t believe we legally could or should limit HUD-backed or (NYS Homes and Community Renewal)-backed projects, but under home rule, we do have a say in which zoning districts large-scale multi-family projects are allowed," Schnieder said.
Asked what he would say to residents who oppose such developments, Schneider said, "There’s a place and a need for all types of housing options in a community."
Asked about whether apartments are limited to certain parts of the town, or should be, Schneider said:
"Under the current zoning law, multi-family housing projects are allowed in nearly every zoning district. From the developer's perspective, it is cost-prohibitive to install a septic/sewage treatment system for large-scale housing projects. I believe the town will look to limit these multiple-building projects to areas covered by town sewer, (such as) portions of Route 5 and Route 77 and our interchange, commercial and limited commercial districts."
Once the Town Board approves a moratorium, the board will form a committee. The exact composition of the committee has yet to be determined. It could comprise two board members, two planning board members, and perhaps a couple of town residents.
The committee would then propose zoning changes to the Planning Board and the Town Board. The County Planning Department and Planning Board would also review the proposed changes. Once adopted, the State Legislature would need to approve the changes.
Sherri Bensley, left, and Allysa Pascoe, of Genesee and Orleans Health Department, give a presentation about radon during this week's City Council meeting at City Hall. Free test kits are available at the health department to find out your home's level for this odorless, tasteless radioactive gas. Photo by Howard Owens.
If you were asked to name the number one cause of lung cancer among non-smokers, it may surprise you that the answer is not second hand smoke, often portrayed as perhaps the most dangerous substance to lungs for those exposed to the fumes of others.
The top cause of lung cancer is actually radon for nonsmokers, and overall is the second leading cause of lung cancer for the general population, Public Health Educator Sherri Bensley of Genesee and Orleans Health Department says.
Not often something discussed at the dinner table or thought about in the home, radon is responsible for about 21,000 lung cancer deaths every year, according to GO Health statistics.
Although the topic up to now has been a quiet one, Bensley and Environmental Health Specialist Allysa Pascoe have been taking a presentation on the road — including to City Council this week — to review the basics of radon and remind folks about the importance of what to keep in mind with this radioactive gas.
"The GO Health Departments would like residents to know that radon is the leading environmental cause of any cancer and it is the second leading cause of lung cancer, after smoking," Bensley said to The Batavian. "Radon can enter a home through cracks in the foundation, cracks in basement walls, holes, joints, dirt floors, sump pump holes, suspended floors and in the well-water supply.
“Any home (new or old), that has contact to the ground has the potential for radon to enter the home," she said. "Testing your home is the only way to know if high levels are present and corrective action is needed.”
Tests were conducted in Genesee County, and Stafford was found to be the area with the highest levels of radon in the lowest living area of the home, which was the basement.
Levels were at greater than 10 pCi/L (that is picocuries per liter), with several areas reaching greater than 4 and less than 10, including Byron, Bergen, Batavia, Le Roy, Darien, Bethany, Pavilion and Pembroke. Towns and villages of Alabama, Oakfield, Elba and Alexander had the lowest levels of less than 4.
When testing was conducted on first floors in the county, Stafford remained at 10, and was joined by Darien; whereas the 4 to 10 levels were only in Batavia, Bethany and Le Roy and remaining municipalities had levels of 4 or lower.
The health department distributed radon test kits from Jan. 17 of this year to June 30, with 37 elevated readings out of 174 total kits, Bensley said. From July 1 to now, there were 73 more kits distributed, and 23 elevated readings.
GO Health has been able to do this through a New York State Indoor Radon Grants Program meant to increase public awareness about th risks and health hazards of radon exposure. It’s a sneaky inert gas that’s colorless, odorless and tasteless that cannot be detected by one’s senses.
Exposure to radon can damage tissue and may cause lung cancer since it is a carcinogen. It also can be found anywhere, since it’s produced by the decay of uranium in soil, rock and water.
So now that you may be sufficiently scared, or at least concerned, what to do about it?
“With funding provided by the New York State Department of Health, the Genesee County Health Department has free radon test kits available to residents of Genesee County,” Bensley said. “If someone finds that their home has a high level of radon, we would recommend that they hire a certified mitigator to install a radon mitigation system to reduce radon levels in their home.”
The department has also proposed that all new homes be built with radon-reducing features, which would be more cost effective, eliminate potential exposure and is currently a requirement in 11 other states, she said.
The test is made of charcoal, and it is uncapped for at least 12 hours during the test period. It will be placed on the lowest level of the home that is frequently occupied. Once radon is detected, certification is not required in New York State, but is recommended, she said.
She also recommends that, when pursuing mitigation, obtain several estimates, check references, and obtain a guarantee that the mitigator will reduce the radon to below 4.0 pCi/L. Go here for more information about mitigators.
For more information about radon or obtaining a test, email Allysa.Pascoe@co.genesee.ny.us or Sherri.Bensley@co.genesee.ny.us or call 585-344-2580, Ext. 5528.
A vehicle has reportedly rolled over multiple times in the area of 8103 Oak Orchard Road, Batavia, and a person was ejected from the vehicle.
The location is between Federal Drive and the Thruway.
Mercy Flight requested to the scene. The landing zone will be near Call Parkway.
Town of Batavia Fire and Mercy EMS dispatched.
UPDATE 9:27 a.m.: It appears that a grey hatchback was northbound on Route 98 and left the roadway a few feet north of the driveway to the RRH medical facility. It struck a mailbox and, further down, a Route 98 sign. It rolled over multiple times, sustaining significant damage, before coming to rest at the end of a field on its wheels. A female occupant was ejected from the vehicle and flown by Mercy Flight to Strong Memorial Hospital in Rochester. The Batavian will have more information and pictures from the scene once the State Police release additional details.
(name redacted upon request), 21, of Buffalo, is charged with grand larceny 4th. xxxx was arrested on Nov. 1 following an investigation into an assault that occurred on Nov. 1 on Law Street, Batavia. xxxx is accused of stealing property from another person during the incident. She was arraigned in City Court and released under supervision.
Jennifer M. Shaffer, 41, of Batavia, is charged with aggravated driving while ability impaired by drugs (Leandra’s Law). Shaffer was stopped on Nov. 7 by a Batavia patrol officer at an undisclosed location. She is accused of driving while impaired by drugs with a child in the car. She was issued traffic tickets. PUBLISHER'S NOTE: There are two women with children in Batavia named Jennifer Shaffer. Only one of the two was arrested.
Jennifer M. Shaffer
Kathleen M. Zemke, 58, of Perry, is charged with DWI. Zemke was arrested by Batavia PD following a complaint from her employer that she had shown up to work intoxicated. She was issued traffic tickets.
Phillip P. Heale, 45, of Batavia, is charged with harassment 2nd. Heale is accused of hitting another person in the face during a fight on Nov. 6 on East Main Street. He was issued an appearance ticket.
Dean D. Root, 42, of Batavia, is charged with driving while ability impaired by alcohol and criminal possession of a controlled substance 7th. Root was stopped by a Batavia patrol officer on Oct. 18 at an undisclosed location. He was issued traffic tickets.
Aaron R. Hatfield, 39, of Batavia, was arrested on a warrant (jurisdiction not provided). Hatfield was initially arrested on Aug. 14, accused of petit larceny and criminal possession of a controlled substance 7th after allegedly stealing merchandise from Tops. He was issued an appearance ticket but failed to appear in court. A warrant was issued on Sept. 26. He was arrested on the warrant on Oct. 6. He was arraigned and released. He again failed to appear in court, and another warrant was issued on Oct. 19. He was arrested on Nov. 3 and arraigned in CAP Court. He was released and is due back in court at a later date.
Caitlyn A. Heidenreich, 26, of Batavia, is charged with DWI. Heidenreich was charged following a traffic accident reported on Harvester Avenue at 7:30 p.m. on Nov. 2. Heidenreich was allegedly operating a motor vehicle that crashed into a parked car. He was issued traffic tickets and released.
Zachary D. Kaczor, 29, of Buffalo, is charged with aggravated DWI. Kaczor was stopped by a Batavia patrol officer at an undisclosed time on Oct. 29 on Ellicott Avenue, Batavia. He was issued traffic tickets.
Patricia M. Anderson, 38, of Batavia, was arrested on a warrant (jurisdiction not provided). Anderson was initially arrested on April 9 and charged with petit larceny, after allegedly stealing merchandise from 7-Eleven. She was issued an appearance ticket, but allegedly failed to appear. A warrant was issued on May 16. She was arrested on the warrant on Aug. 9. She was arraigned and released. She again failed to appear, and another warrant was issued on Oct. 10. She was arrested on Oct. 30 and was arraigned in City Court and remanded to the Genesee County Jail on $2,500 cash bail, $5,000 bond, and $10,000 partially secured bond.
2019 File Photo of Holland Land Office Museum Executive Director Ryan Duffy, left, and City Historian Larry Barnes, with their amended version of the "History of the City of Batavia." Barnes has submitted his letter of resignation as city historian effective Dec. 31. Submitted Photo
Larry Barnes — the go-to guru of all things related to the City of Batavia's history for the last 16 years — will be resigning his post effective Dec. 31, he says.
Barnes met with City Manager Rachael Tabelski Wednesday to personally deliver his letter of resignation and give an official 30-day notice. He decided to leave for a number of reasons, he said, including health issues and “it’s time to move on.”
“It’s been a terrific experience. I’ve learned a lot about the community in the process of doing the research for the books that I’ve written and the monographs that I’ve written, and just in terms of putting together talks and that sort of thing,” Barnes said to The Batavian Thursday. “State law requires that we have an appointed city historian.”
As of 2010, an official job description went into effect for the position, he said, which requires that the proper candidate live in the City of Batavia and is not allowed to keep city documents outside of the office maintained at City Hall.
City Code states that “there shall be a City Historian as required by Article 57 of the Arts and Cultural Affairs Law of the State of New York,” and that “the City Historian shall be appointed by the City Manager with a term of office of four years. The City Historian may be appointed to consecutive terms by the City Manager. The City Historian must be a resident of the City of Batavia.”
Barnes has authored several books, and more recently scripted a play about Brisbane Mansion, which has been a hot topic of late. City officials are mulling options for the property, currently housing the city police department, and a consultant proposed two possibilities of selling it to a developer for use of a boutique hotel or market-rate apartments.
Barnes has been a proponent of repurposing the Main Street site and not letting it falter or be demolished, paths that other pieces of city history have taken in the past.
“That building definitely needs to remain, it shouldn't be torn down like many other historical buildings have been. And the proposal that has just been presented, either a boutique hotel or apartments or a combination of the two, would be ideal, I think.”
Barnes, a retired educator, has been quite active in the community, either serving or having served with several history-related groups, including the Landmark Society of Genesee County, Batavia Historic Preservation Committee, Genesee County Historians Association, Government Appointed Historians of Western New York and the Association of Public Historians of New York State.
For nearly his entire city historian career, Barnes has done the work as a volunteer. City Council just approved a yearly pay of $5,000 this past year.
He and his wife Jerianne plan to stay in the community, Barnes said.
Always one to offer up tidbits of history, he added that Jerianne’s first name has not always been this. In fact, it wasn’t until five decades later that she changed her original name to Jerry Louise, he said.
Her parents had planned to name their impending child Jerry Lewis for a boy and instead named their baby girl Jerry Louise. Hating all of her life, Jerry decided to give herself a 50th birthday present and had her name changed to Jerianne Louise.
While not really a part of Barnes’ retirement, Jerianne has been part of his life, and therefore the history indeed belongs with the historian.
Western Regional Off-Track Betting Corp. management is projecting net revenue from its racing and gaming operations to approach $86.4 million in 2024, resulting in nearly $10 million in surcharge and earnings to be distributed to its 17 member municipalities.
At Wednesday’s board of directors meeting at Batavia Downs Gaming on Park Road, WROTB Chief Financial Officer Jacquelyne Leach went over the operating plan – or budget – for next year.
The plan is a comprehensive document detailing income and expense streams for all aspects of the public benefit company, and is based on actual numbers through October of this year and industry trends.
“It’s a work in progress,” Leach said, but acknowledged that it close to being finalized. The final plan will be presented to the board for review at its December meeting. After board approval, it is submitted to the New York State Gaming Commission.
According to the report, the 17 municipalities, including Genesee County, are expected to receive $606,616 in surcharge distributions and $9,268,586 in earnings distribution for a total of $9,875,202 in the 2024 calendar year. That is up from $9,654,748 to be distributed in 2023.
Surcharge funds are derived from a 5 percent fee collected from patrons on winning wagers at WROTB branches and EZ Bet locations. Leach said the earnings distribution is about 11 percent of the net revenue from operations.
While the 2024 distribution projections reflect the corporation’s record earnings the past two years, Leach said the numbers are more impressive when looking back to 2019, when surcharge and earnings distributions hit the $3.6 million mark, and considering the impact of COVID-19 the following year.
WROTB lost $9.6 million in 2020, Leach reported. Despite that, the corporation has and is projected to distribute $38 million in surcharge and earnings for the six-year period, 2019-2024.
“We ate into our coffers some $9.6 million in 2020. And that, from a financial perspective, is incredible if you think about it. That we will be distributing and anticipate, project, to distribute $38 million,” she said.
WROTB President/Chief Executive Officer Henry Wojtaszek added that profit realized in that year, beside the Payroll Protection Plan money to keep employees on the job, was from the off-track betting internet wagering side.
Batavia Downs Gaming was closed for six months due to the pandemic. It has bounced back strongly, however, with revenues, net win (credits played into the Video Lottery Terminals minus credits won) and distributions increasing each year. Leach is anticipating the net win total to increase to $89 million in 2024.
Leach and Wojtaszek touted the “very good news” when talking about gaming, food and beverage, and The Hotel at Batavia Downs, but painted a different picture when the subject turned to the harness horse racing industry and the financial health of the corporation’s eight brick-and-mortar OTB branches.
Only two of the branches – Lyell Avenue in Rochester and Clinton in Erie County – are expected to be profitable in 2024. Operational losses of the branches are at $418,202 through Oct. 30, 2023, continuing a downward trend.
Leach reported that all of WROTB’s EZ Bet (self-service) locations, however, have increased the company’s bottom line; none are in the red.
“On the OTB pari-mutuel side, they’re competing for the gambling dollar with sports betting, which came into New York State in January 2022,” she said. “Plus, we’re required to make statutory payments to other racing entities in New York State based on antiquated handle numbers from 1993 and 2002 when the handle was much more robust. We’re getting no legislative relief on that end.”
Wojtaszek said a “day of reckoning is coming” for horse racing, again mentioning sports betting and also a doping scandal that has rocked the industry.
“The sport has been damaged. The numbers are down,” he said. “Jackie's just giving the numbers from the last couple of years. If you look at what our handle was relative to OTB, when you go back a decade or two, it was $200 million. That was the handle -- $200 million.”
He said the horse racing industry needs to “police itself” better. He mentioned a recent CBS “60 Minutes” story that focused on a doping (drug) scandal that has resulted in deaths to numerous horses and prompted Congress to create the Horseracing Integrity and Safety Authority to institute uniform rules for the sport across the country.
Wojtaszek said WROTB is working with a consultant to help the corporation going forward “but it’s going to be much more expensive to have our live racing relative to the testing. But it’s something that’s necessary.”
State law mandates that Batavia Downs Gaming must operate a horse track to keep its gaming license.
The corporation has reduced the number of OTB branches (or parlors) over the years and more cutting may be on the way.
Director Vincent Horrigan (Chautauqua County) asked if WROTB will continue “to live with” the branch losses or “do we turn it around?”
“That’s a great question and worth a discussion after the first of the year,” Wojtaszek replied.
Currently, the eight branches – located in Auburn, Jamestown, Erie County (two), Monroe County (three) and Niagara County -- employ 31 people.
43 Prospect Avenue, Batavia.Great opportunity to move into a like new home on a really great city avenue! This OVER 2000 sq. ft, 4 bedroom, 2 baths home underwent a major remodel less then 5 years ago and home was done from top to bottom; with windows, drywall, cabinetry, baths, heating/AC, roof, flooring etc... Literally nothing to do besides put your personal spin on decor!! Layout is wide open and super spacious-first floor is perfect for entertaining and also features awesome first floor laundry /pantry room or even office space should you want! All bedrooms located on second floor are great size and spread out for privacy! Location is so great and yard super cute, nicely landscaped and partially fenced! No delayed negotiations and super easy to jump in and check out! Call Lynn Bezon today, call 585-344-HOME (4663).
In conjunction with the nation’s celebration of Veterans Day, Sen. George Borrello announced that Governor Hochul has signed into law a measure renaming Route 63 in the town of Pavilion as the “SP4 George Harold Fry Memorial Highway.”
Legislation marking the designation was sponsored by Senator Borrello and Assemblyman Stephen Hawley.
U.S. Army Specialist 4 George Harold Fry, a native of Pavilion, was killed in action on July 11, 1969, along with 20 other members of the 506th Infantry during combat on Hill 996 in the Shau Valley of Vietnam. Specialist Fry’s actions that day are credited with saving the lives of many other members of his unit.
He was posthumously awarded the Silver Star and the Bronze Star.
“Specialist Fry gave his life defending his brothers in arms,” Sen. Borrello said. “He is a decorated war hero who served his country with honor and distinction. Dedicating this highway in his name is one small way we can honor the courage, dedication and ultimate sacrifice of this American hero.”
Assemblyman Hawley said for generations to come, the SP4 George Harold Fry Memorial Highway will stand as a testament to Specialist Fry’s heroism and commitment to his country and freedom.
“As an Army veteran and member of the Veterans Affairs Committee, I was honored to sponsor this proposal recognizing one of Western New York’s most valiant, Specialist George Harold Fry. It's fitting that this highway is being memorialized at the same time we're remembering those who served on Veteran's Day,” Assemblyman Hawley said.
Specialist Fry served with D Company, 1st Battalion, 506th infantry, 101st Airborne Division of the U.S. Army. As an RTO (Radio-Telephone Operator), it was his duty to maintain radio contact between his unit, other platoons and Battalion Command. After two fellow RTO’s were killed early in the assault on July 11, Specialist Fry left the safety of cover to re-establish communication between platoons during the battle, placing himself in jeopardy.
Specialist Fry’s actions enabled his commanding officer to call in artillery support, coordinate the U.S. counter assault and evacuate the wounded. Continuously under fire, Specialist Fry kept transmitting until he too was shot and killed. His company suffered more than 50 percent casualties. Survivors said were it not for Specialist Fry, many more U.S. troops would have been killed or wounded.
For gallantry in action on July 11, 1969, Specialist Fry received the Silver Star Medal. He also received the Bronze Star Medal for outstanding meritorious service in connection with ground operations against a hostile force during the period of October 22, 1968 to July 11, 1969.
Additionally, he received the Presidential Unit Citation for Operation Snow for the period of May 10 through May 21, 1969, in the Shau Valley.
“For generations, many of our region’s finest and bravest young men and women have found their calling in military service and safeguarding the liberties we cherish,” Sen. Borrello said. “Specialist Fry was one of those patriots. Naming this highway in his honor commemorates his courageous service to our country and reminds us of the immense contributions America’s veterans have made for us all.
“I want to thank Assemblyman Hawley for sponsoring this legislation in the Assembly and Governor Hochul for signing the bill to honor Specialist Fry who gave his life for our freedom.”
St. James Episcopal Church announced that their 5th annual Pie Sale/Basket Raffle will be held Friday, Nov. 17 from 4 p.m. - 6 p.m. and Saturday, Nov. 18 from 10 a.m. - 12 p.m. at the church, 405 East Main Street, Batavia. Admission is free.
Known for the wonderful desserts served at Lenten Fish Fries, the St. James bakers have been busy in the church kitchen making apple and pumpkin pies for the upcoming Thanksgiving holiday.
Pre-order 9” homemade pies for $12 each by texting 585-356-5359 or take your chances and stop in on Friday or Saturday.
A variety of gift baskets have been assembled, including homemade quilts and afghans, a lottery tree, homemade jams, and more. Tickets will be on sale throughout the event and you need not be present to win.
Dorian Ely, one of the organizers, said, “We are so grateful. Folks have been very supportive of our recent outreach efforts, particularly contributing to our bake sales for Ukraine and the street-front Blessing Box which provides non-perishable food and personal care products to the community. We hope to see many of our neighbors coming in to purchase raffle tickets and a pie or two.” The phone number at the church is 585-343-6802.
In New York, there are more than half a million people providing unpaid care to a loved one with dementia. National Family Caregivers Month is the perfect time to get educated about dementia caregiving and ways to help.
Caring for someone with dementia is demanding: these caregivers on average provide more care for a longer period of time than other caregivers. A report released by the Alzheimer’s Association earlier this year found that New York’s dementia caregivers provided 884 million hours of care, valued at more than $19 billion dollars. With a looming shortage in the healthcare workforce and more people expected to develop dementia in the coming years, the burdens facing dementia caregivers are growing.
Dementia caregivers often take on these responsibilities while balancing careers and children. It’s not surprising that they find their own physical and mental health worsening due to stress.
Dementia caregivers report higher rates of chronic conditions, including stroke, heart disease, diabetes, and cancer than other people. In New York, 59% of caregivers reported at least one chronic health condition.
Dementia caregivers report higher rates of depression than caregivers for people with other medical conditions. In New York, 24.7% of dementia caregivers reported having depression.
Amara May, director of program outreach at the Western New York Chapter of the Alzheimer’s Association, says, “Caring for someone with dementia is uniquely challenging. The caregiving tasks are intense and you’re doing them while watching your loved one gradually lose memory and function.” She continues, “Our goal at the Alzheimer’s Association is to help reduce sources of caregiver stress and help them find self-care strategies that work.”
Debbie Gangemi of Hamburg assists her father, Richard, in caring for her mother, Donna Brese, who has Alzheimer’s. “It can get frustrating and stressful because of the unexpected,” she says. “Mom has a number of good days, but you just can’t anticipate when a bad day will happen.”
There are a range of self-care strategies caregivers can try to reduce stress. No single approach will work for everyone so it’s important to find what works for you. Options include:
Talk to someone you trust. This could be a friend, family member, clergy or counselor. The Alzheimer’s Association provides a 24/7 Helpline with dementia experts available anytime.
Get outside. Even just a few minutes outdoors can improve your mood, especially on sunny days.
Exercise. Movement is a proven approach to improve mental and physical health. Try a walk around the neighborhood or a local fitness class, which has the added benefit of being social.
Try a mindfulness technique. Meditation, yoga, tai chi, and journaling are all options for mindfulness, which can reduce anxiety and depression and may even help reduce blood pressure and improve sleep quality.
Gangemi says she relies on her faith and family to help deal with stress, in addition to finding a healthy outlet by volunteering for the WNY Chapter. “When I do community outreach on behalf of the Alzheimer’s Association, I get to hear about other peoples’ struggles and learn how they cope with them,” she says. “I know not to take anything for granted.”
The Alzheimer’s Association Western New York Chapter offers free caregiver education, support groups, and care planning meetings. You can access these resources by calling 800.272.3900 or visiting alz.org/wny.
It looks like 25 bucks may have been standing in the way of Genesee County getting more job applicants, and county legislators and the Human Resources department have no desire to return there.
After a trial run of suspending the $25 fee for Civil Service exams since June 2022, HR Director Anita Cleveland reported a 31 percent increase in job candidates.
The experiment was due to a lackluster showing of candidates after a longtime belief that having no application fee lessened applicants’ resolve to show up and follow through on the process, county officials had said more than a year ago.
A $25 fee for all exams for police, sheriff, fire, probation and dispatch and $20 for all other competitive exams had been established in 2011 for that reason. During that prior discussion, Cleveland said that when people don’t pay for exams, “they don’t show up for exams either.”
But on the other hand, candidates at one point just stopped showing up anyway. At that time, she then proposed to temporarily waive the fees — something that several other counties had also been considering — to ramp up candidate interest and get more viable prospective job applicants.
The county has struggled to attract candidates for several departments over the last couple of years, including the sheriff’s office, which is growing with a new, larger jail facility in progress, and the mental health department.
The trial period was to run from June 1, to Dec. 31, 2022, and is current through all of 2023. The Ways & Means Committee agreed on Wednesday to push it onward through 2024 and 2025.
If the county Legislature adopts the measure during its Monday meeting, the county will lose an estimated $24,000 in revenue.
31 Tracy Avenue, Batavia. Step into this timeless, classic Victorian home where you’ll be greeted by gorgeous, original wood French doors. Gleaming hardwood floors span each room, complementing the preserved staircase and railings. Gather with your family and friends around the cozy fireplace. Modern sophistication intertwines seamlessly in the brand-new kitchen, showcasing granite countertops and stainless steel appliances. The second floor invites practicality with a dedicated laundry space. Additionally, find 3 generous-sized bedrooms along with 1.5 baths. The finishable attic offers endless possibilities, awaiting your personal touch. Practicality meets peace of mind with a full tear-off roof and new concrete driveway installed in 2018, ensuring durability and protection for years to come. This home offers the perfect blend of classic charm in its historical roots with and the functional updates of modern living. Call Sunny Rathod toady!
The Erie County representative on the Western Regional Off-Track Betting Corp. board today said it is incumbent upon her colleagues to look into the company’s legal issues that have yet to be resolved.
“I think we need to address those issues,” said Jennifer Hibit, (photo at right), responding to a question about the status of a wrongful termination lawsuit filed by former WROTB executive Michael Nolan and a reported FBI investigation into the corporation’s hiring practices.
“I think we need to look into them. And I think when all the new board members are seated, I think we'll look into those issues and hear from both sides.”
Hibit was appointed to the board in June, about a month after the previous board was dismantled as a result of legislation approved by Gov. Kathy Hochul and leaders of the Assembly and Senate.
The director of human resources at the Erie County Water Authority, Hibit is also the secretary of the Erie County Democratic Committee and the former chief of staff for Erie County Executive Mark Poloncarz.
She said she looks forward to learning more about the company in order to make educated decisions.
“I think we need to know what's happening. I think it's important to be informed. And if we can help put those things behind us and move forward, then that's what I'm here to do,” she said.
Hibit said she had made no judgments before joining the board despite what has been circulating in the media.
“I came in with an open mind, right? There’s always room for improvement every place you go,” she said. “And I think that's my job here is to listen, learn, and contribute to making Western New York Regional OTB better. And that's what I plan to do.”
At last month’s board meeting, Hibit voted against appointing Dennis Bassett, a Democrat representing the City of Rochester, as the board’s permanent chairperson. She said her decision was more procedural.
“I didn't think that it was fair to cast a vote for a chair moving forward, and I didn't realize that we elected a chair in January without all of the new members present and without of them all having a say in that,” she explained. “So that was really my point behind that.”
The City of Buffalo’s representative, Crystal Rodriguez-Dabney, has yet to obtain her license to serve from the New York Gaming Commission, and Monroe County’s representative, James A. Wilmot, was not at the October meeting.
“I just think they should have a say in the chair. So, I just voted for one meeting (to make Bassett the temporary chair) to move the process forward,” she offered. “I’m glad that Dennis took the seat.”
Hibit's vote holds the most power on the board, which now operates under a weighted voting system based on the population of the municipality.
Looking ahead, Hibit said she will work toward measures to ensure transparency. Last month, she suggested that the board meetings be livestreamed to the public.
“Transparency is super important,” she said. “Absolutely.”
Joanna F. Larnder, 30, of Batavia, is charged with criminal sale of a controlled substance 3rd and criminal possession of a controlled substance 3rd. Larnder was arrested by deputies on a sealed indictment. Larnder is accused of selling crack cocaine to an agent of the Local Drug Task Force. She was previously arrested on charges stemming from a warrant executed by the task force in late August in the City of Batavia. During the search, she was allegedly found in possession of cocaine with the intent to sell. She allegedly failed to appear in court as ordered on those charges. Larnder was released on her own recognizance in compliance with current bail laws on the drug charges. She is being held on bail-jumping charges.
Carrie Ann Stewart, 43, of West Avenue, Attica, is charged with petit larceny. Stewart is accused of shoplifting from Old Navy on Veterans Memorial Drive at 4:48 p.m. on Sept. 27. She was arrested on Nov. 11. She was processed at the Genesee County Jail and issued an appearance ticket.
Katherine Marie Fremgen, 35, of East Avenue, Clarence, is charged with driving while impaired by drugs, failure to yield right of way, and moving from lane unsafely. Fremgen was stopped for alleged erratic operation at 10:29 p.m. on Sept. 27 on Veterans Memorial Drive, Batavia, by Deputy Alexander Hadsall. Fremgen was arrested on Nov. 13 based on the results of a blood test. Fremgen was processed at the Genesee County Jail and released.
Edward Ruckdeschel
Edward G. Ruckdeschel, 61, of Batavia, is charged with grand larceny 3rd and two counts of grand larceny 4th. Ruckdeschel was arrested on Nov. 14 by State Police on a theft reported at 9:07 a.m. on Oct. 19 in the Town of Batavia, on a theft reported at 5:55 p.m. on Oct. 19 in the Town of Bethany, and on a theft reported at 7:14 a.m. on Oct. 20 in the Town of Alexander. He was ordered held. The State Police, contrary to state law, did not release any further details of the cases. )See previously: Parolee with lengthy criminal record accused of multiple vehicle thefts in the county)
Richard W. Rumble, 38, of Corfu, is charged with DWI and driving with a BAC of .08 or greater. Rumble was arrested by State Police at 2:32 a.m. on Nov. 12 in the Town of Pembroke.
Western Regional Off-Track Betting Corp. directors today took on the task of passing a couple dozen resolutions that had been set aside, so to speak, while members of the revamped board obtained their licensing and right to vote from the New York Gaming Commission.
Many of the resolutions dealt with routine contract renewals such as maintenance, promotions and computers, and were passed with little or no discussion.
Such wasn’t the case for Resolution #62-2023, a measure authorizing the public benefit company to spend up to $25,000 through the end of the year for food and beverages at Highmark Stadium for Buffalo Bills’ games and concerts. When that came up, directors were ready with their questions.
The use of sporting event and concert tickets has been a sore subject for WROTB management since a 2021 audit from the state Comptroller’s office that, among other things, pointed out a lack of oversight of perks given to major players at Batavia Downs Gaming.
Erie County Director Jennifer Hibit, who holds the most voting power under the weighted voting system installed last May, asked whether a list of who attended a specific event could be provided to the board.
Marketing Director Ryan Hasenauer said he keeps track of who received the tickets, adding that the tickets could then be given to somebody else.
Hibit said, “I think it would be helpful to see who’s attended.”
“I mean, we know there have been issues with this in the past, and I think it’s important to know who’s attending these events – who the tickets went to,” she said.
WROTB President/Chief Executive Officer Henry Wojtaszek credited Hasenauer for maintaining the ticket list.
“And that’s why we’ve released it to the public and anybody else who has “FOILed” that information,” Wojtaszek said, speaking of the Freedom of Information Law.
Hasenauer then referred to the state Comptroller’s audit.
“Their recommendation was to track the tickets in the way that we are doing – the way we were already doing it – and they wanted to make sure we’re doing that moving forward,” he said. “What we’re doing now is at the recommendation of the state.”
A suggestion then was made to have a “sign-up sheet” at the events, not only for suites at Highmark Stadium but also when tickets are used for events at Blue Cross Arena in Rochester and the KeyBank Center in Buffalo.
Director Edward Morgan (Orleans County) said he didn’t think that was necessary because the board is now keen to the situation and will be monitoring events more closely.
Hasenauer clarified that tickets are awarded in two ways – to high rollers who reach a certain level of activity and as giveaways on “soft nights” such as Tuesdays and Wednesdays to drive traffic to the Park Road facility.
Temporary Chair Dennis Bassett (City of Rochester) said that “in the spirit of transparency, we should know in advance who is going to use the tickets.”
Wojtaszek said that once the ticket is issued, it belongs to the recipient.
“We can’t stop them from giving it to someone else,” he noted.
Bassett then replied, “My goal is not to stop them, my goal is that when we get questioned, I’d like to be able to articulate that we're using these things in a way we want to use. I'm not I'm not trying to police them …”
Director James Wilmot (Monroe County) said he has attended events hosted by other businesses and never has seen a sign-up sheet.
“Whether I bring a spouse, friend, colleague, I'm not one of those people to get suspicious with sign-up sheets, but I know a lot of people that would,” he said. “And based on my previous experience with gamblers, who own various properties, they have no interest in listing who's with them. And there's some privacy stuff with that too.”
Hibit said she understood that once the ticket was issued, WROTB had no right to it. She did, however, ask if the board could see a report of the event “to see if there’s an issue that we could address it moving forward.”
Bassett said he appreciated the dialogue over this matter, acknowledging that the board “might be a little sensitive because we’ve been scrutinized with regard to these tickets.”
“We don’t want to over-scrutinize ourselves and cause problems with the people that we want to entertain ... so, I’m not in favor of a sign-in.”
Hasenauer advised that the resolution, as well as similar measures at Blue Cross Arena ($30,000 for food and beverages) and KeyBank Center ($75,000 for food and beverages), will run through the 2023 season and into the spring of 2024. All three resolutions passed unanimously.
In other action, the board:
-- Approved spending $275,000 with Tops Friendly Markets for $20 gift cards used to promote the Hotel at Batavia Downs. Hasenauer said the Sunday through Thursday promotion, which started in June 2022, has been a tremendous success. “We’re booking over 700 rooms a month with this package,” he said, adding that most customers use the cards for gas or groceries at the nearby Tops Market.
-- Approved a resolution to conduct winter racing in January and February 2024 on Monday and Thursday afternoons. The Western New York Harness Horsemen’s Association has agreed to reimburse WROTB for any and all costs associated with conducting the additional 16 meets.
-- Voted to keep Bassett in the interim chair post through next month’s meeting. The board is expected to decide on a permanent chairperson in January.
-- Held a moment of silence in memory of Kenneth Lauderdale Jr., longtime director from Wayne County, who passed away on Oct. 25.
In a continuing succession of steps to reach final planning approval for a new southwest site of Burger King, the Carrols Corp. folks have made it through another round of the city’s Planning and Development Committee this week, Committee Chairman Duane Preston says.
The Planning committee advised real estate manager Doug Beachel Tuesday that his client had to meet three contingencies handed down from the Genesee County Planning Board in order to get this ball rolling:
1. Applicant needs to complete a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Stormwater permit for construction activity from the state Department of Environmental Conservation.
2. Applicant needs to obtain comments about the potential traffic impacts of the project and obtain a required driveway permit from the state Department of Transportation.
3. Applicant needs to complete a 9-1-1 Enhanced Standards application.
The project will then move on to the ZBA. Once all of these requirements are met, the properties of 301-305 West Main St., 307 West Main St., 4 South Lyon St., and a portion of 6 South Lyon St. need to be merged before anything more can commence, Preston said.
The project has gone through several layers of various code, green space, height, width, zoning and layout revisions for the last year. Officials are hoping to have a new site in place by the fall of 2024. The new Burger King would be located at the corner of South Lyon and West Main streets.
O'Lacy's Irish Pub is now closed. Photo by Howard Owens
It was with a "heavy heart" that owner Roger Christiano closed O'Lacy's on School Street in Batavia Wednesday, 18 months after he took over the popular Irish pub in 2022 from former owner Kent Ewell.
Christiano posted a letter on the door of the site that explained:
It’s with a heavy heart that I announce that I will be stepping away from O’Lacy’s Irish Pub and closing the business effective today.
My wife’s declining health has left me unable to spend the time, resources, and energy that O’Lacy’s customers and staff deserve. While it saddens me to leave, I must put my family first and focus on my wife’s long-term care.
Thank you for the opportunity to serve you.It’s been a pleasure meeting so many wonderful patrons over the past 18 months. Hopefully the business will reopen under different ownership in the future.
A special thank you to Kent Breslin and the O’Lacy’s staff for all their time and dedication to this very special establishment.
With gratitude, Roger Christiano
Ewell owned and operated O'Lacy's for more than 25 years before he bid his farewell to patrons.
Town Court Clerk Below are two lists: one details the myriad responsibilities that fall within the purview of the court clerk; the other summarizes the knowledge and abilities that court clerks possess or acquire through training. These lists are provided so that a judge and municipality can intelligently discuss the benefits that a court clerk can provide. The items below can also form the basis for a list of job duties should a municipality need to fill a vacancy in a court clerk position. Primary Responsibilities A. Maintain confidentiality of records and information when required to do so B. Prepare court calendar C. Collect monies, reconcile daily receipts, deposit receipts, prepare reports for monthly disbursements, reconcile bank accounts, and prepare administrative reports D. Enter convictions on drivers' licenses and prepare conviction reports electronically transmitted to the Department of Motor Vehicles E. Enter criminal conviction on NCIC reports and electronically send same to Division of Criminal Justice Services F. Respond to inquiries-in person, by phone, by e-mail and by mail-and provide assistance to lawyers, litigants, media, and members of the public G. Prepare monthly reports that are electronically sent to the Office of the State Comptroller H. Prepare orders, summonses, warrants and other court forms i. Communicate with outside agencies in order to coordinate the Court's activities and provide services to litigants. Such agencies include: ii. Law enforcement agencies, such as local police departments, New York State Police, Sheriffs office, FBI and CIA, US Armed Forces, and the Office of the District Attorney; I. Other courts, including superior courts and other local town and village courts; and i. Miscellaneous county agencies, such as Community Service, Community Dispute Resolution Center, Pre-trial Release, Probation, Stop DWI program, Victim Impact Panel, and Youth Court. ii. State agencies that require periodic reporting, including the New York State Unified Court System, the Department of Motor Vehicles, the Office of the State Comptroller, the Division of Criminal Justice Services, and the Office of Court Record Retention. J. Examine court documents to ensure their accuracy and completeness K. Receive and file summonses, traffic tickets and other documents for court proceedings i. Assist the Justice at the bench during all Court proceedings Knowledge of: 1. The functions and organization of the Unified Court System ii. Basic legal terminology, codes and abbreviations iii. Court forms, practices and procedures, including those set forth in the Uniform Justice Court Act and the Uniform Civil Rules for the Justice Courts (22 NYCRR Part 214) 2. Ability to: i. Prepare judicial orders and decisions ii. Effectively communicate information orally and in writing iii. File and retrieve materials, extract data from various sources for entry onto court form iv. Research and interpret laws outlined in court documents and litigants' motions and other papers v. Perform mathematical tasks in order to compile court activity reports, total receipts, accept payments, and verify bills vi. Refer to appropriate documents, statutes, citations or other sources in order to respond to specific questions from attorneys, litigants and members of the general public vii. Interpret policies, statutes, rules and regulations and apply them in specific contexts viii. Establish work priorities ix. Constructively manage conflict with court users Qualifications: Highschool diploma recognized by the NYS Dept of Education or appropriate equivalent. Along with 4 years of college, specialization in criminal justice, law, business administration or related field. -OR- 2 years college with specialization in Business Administration or related field. Please email your resume to abrownell@townofbatavia.com no later than 12/16/2024. Pay is based on experience.
