The Town of Pembroke Planning Board approved a proposal for a new travel plaza off Exit 48a of the Thruway on Wednesday, clearing the way for construction to begin in the spring.

When completed, the as-yet-unnamed travel plaza will join Flying J, TA, and Speedway as locations on Route 77 where travelers and truckers can rest, get a bite to eat, refuel and perhaps get a wash.

The vote to approve the environmental review and site plan passed 6-1, with board member Thomas Marshall casting the lone "nay."

In a brief presentation before the vote, Engineer Michael Metzer addressed some of the issues raised at last month's public hearing before the board and by the Genesee County Planning Board.

Previously, there were concerns expressed about sight lines coming from the Thruway overpass and the increase in traffic the new travel plaza is likely to bring to the interchange.

Metzer said since the last meeting, a traffic study has been completed.

"The results of that study were that there are no sightline issues whatsoever," Metzer said.

As for additional traffic, that won't be an issue either.

They've determined that there would be no impact on the level of service in the area, interchanges or intersections," Metzger said. "They looked at seven intersections altogether, and every one of those still meets code. There are no adverse impacts to the intersections; obviously, there's gonna be more traffic, you know, nobody's debating that. But what this traffic impact study does is that it makes a determination of whether the impacts are adverse or not, whether they create a problem. And so, in summary, ... (there is) no significant impact as a result of this project."

Through the environmental review process, it was determined the project could impact an endangered species, the northern long-eared bat.  

The developer has two options: Conduct a detailed study to see if the bat is present on the property, or not cut down any trees on the property during hibernation season -- from Nov. 1 to March 31.

The second option is the one the developer will take, Metzger said.

"If you don't remove any trees (during those months), you are in compliance with DEC guidelines and federal guidelines as well," Metzger said.

To address another issue, Metzger said the project is designed in full compliance with floodplain regulations.

As for historical preservation, Metzger said, "One thing that was identified through the environmental review through the State Office of Parks and Historic Preservation is that we are in a potentially archaeologically sensitive area. As such, we would commit to -- actually, we've started the process of doing a phase 1A and a phase 1B study. We will do that and provide the results prior to a request for a building permit."

During the board discussion, Marshall indicated he didn't agree that the project would have no traffic impact.

"I just think it's way too much volume for that intersection through the interchange," he said.

Board member Greg Kuras said he thought the additional travel plaza would actually help with truck traffic, especially during winter storms.

"Whenever you get storms, you get the states basically begging for parking spots for these things," Kuras said. "They want to get them off of (routes) 5 and 77. It's better to have a big parking lot for them than having them sit on the road."

Everyone is invited to a pet blessing at St. James Episcopal Church, which is to be followed by “A Time of Remembrance” service for one’s beloved pets who have crossed the rainbow bridge, Diane Cox says.

The blessing will begin at 6 p.m. Wednesday at the church, 405 E. Main St., Batavia. 

All pets should be on a leash or in a carrier for their protection. Donations of pet food or other pet items will be welcomed and passed along to Batavia pet food pantries and rescue groups.

Participants may also bring bring a photo of their animal friends that don’t want to travel or enjoy crowds so that they may still participate in the blessing.

Made popular by St. Francis of Assisi, who had a great sense of care and respect for all creatures, pet blessings have been a popular event in early October, attracting people with their various types of animals to the church venues.

Following a raid by the FBI on a residence in Batavia Wednesday, two men have been arraigned in U.S. District Court on a sex trafficking indictment, including Joseph Barsuk.

The listed owner of the residence at 3604 South Pearl Street Road, Batavia, according to county tax records, is Barsuk Buffalo Properties LLC, and records list Joseph Barsuk Jr. as a former owner of the property.

Barsuk and Brian Rosenthal are indicted on federal charges of conspiracy to commit sex trafficking. Barsuk is also accused of sex trafficking by coercion.

On the first count of the indictment, Barsuk and Rosenthal are accused of working together, and perhaps with others, to "knowingly recruit, entice, harbor, transport, provide, obtain" sex workers for financial gain.

Barsuk is accused of using force, threats of force, fraud and coercion to get a victim, referred to as "Victim 1," in paid sex work.

The Buffalo News reported today that the case may be linked to an investigation of  Pharaoh's Gentlemen's Club in Buffalo. Rosenthal is reportedly a long-time employee of the club.

Press Release:

“We are pleased to announce that Jamie Beedham-Rada will be starting the Executive Director position on Monday, October 9. The staff and board are excited to work with Jamie and look forward to growing the programs of the YWCA,” says Board President, Christi Waldron.

Jamie has a Bachelor in Psychology and a Master's in Management from Keuka College. She started her professional career as a Case Manager for the YWCA's Domestic Violence Program in 2005 and feels that it is one of the most rewarding positions she’s ever had. For the past 13 years, her focus has been fundraising, development, and non-profit management. 

She comes to the YWCA from Lifetime Assistance, where for the last 10 years she has worked as the Associate Director of Day Services and as the Director of Development. She has been happily married to Ryan Rada for 14 years and they were blessed with their beautiful little boy Aiden, four years ago.

Her personal and professional goal has always been to support and improve the lives of our most vulnerable populations. Whether it is through advocacy, program support or fundraising, she wants her son to know the value of compassion and empathy and wants him to help others, not because he must, but because he wants to. 

“I am excited to return to my hometown and work alongside the incredible team at the YWCA and the members of our amazing community. The YWCA is an integral part of Genesee County and I am thrilled for the opportunities that the next few years will bring,” says Beedham-Rada. 

A robust list of building improvements is on the table for Batavia Downs Gaming on Park Road.

Senior managers of Western Regional Off-Track Betting Corp. updated board of directors this morning of their plans to enhance the facility, which already has seen extensive renovations in recent months.

Upgrades include new restrooms, expansion of the salt barn, and painting and other improvements to rooms at The Hotel at Batavia Downs, Chief Operating Officer Scott Kiedrowski said.

“We did complete a set of restroom upstairs … and towards the clubhouse, we have completed the renovation of the ladies room, and we’ll be moving to the men’s room as soon as racing quiets down a little bit in the month of November,” he said.

Kiedrowski said the company’s budget included adding storage space to the salt barn, with the work to be done by Batavia Downs Gaming employees.

Concerning the hotel, he said a “walkthrough” of the 84-room inn was conducted last week.

“The suites get the most use – they’re the most popular rooms we have. We’re going to be putting them out of service next week for painting and upgrades to those because of the high turnover rate,” he said.

He said overall the hotel is in “great shape,” adding that he will be scheduling weekly carpet cleaning in the hallways and a reworking of the laundry process, specifically upgrading the dryer system.

Kiedrowski then turned to the grandstands, an area that he said needs attention.

“(President/CEO) Henry (Wojtaszek) would like to make sure that the flooring (in the grandstands) is all uniform, and the ventilation, ceiling and lighting need to be addressed,” he said. “So, you’ll probably see some changes in the grandstands starting the first quarter of 2024.”

He added that Chief Financial Officer Jacquelyne Leach and her team have been working on the installation of a new Point-Of-Sale system called Agilysys, which will replace the facility’s Micro system.

“The Agilysys system is what most casinos across the country use as well as an inventory system to go along with our new warehouse,” he said.

The unveiling of the harness track’s new pace truck is about a week away, he said, noting that the total cost of the vehicle, including the gate on the back, is around $100,000.

“We’ll have that here for probably everyone to see next month, and I believe Henry is working with the director of sales to have one of our vendors wrap that vehicle, which will hopefully pay for any related costs to that.”

In closing, Kiedrowski urged directors to start thinking about the corporation’s strategic five-year plan as it relates to the physical plant.

Director Dennis Bassett (City of Rochester) asked if Scott could choose a couple of board members and a key staff person to be on a committee to oversee the process.

In other developments, the board:

• Learned that live winter harness racing likely will be returning to Batavia Downs in January and February. Kiedrowski reported that talks with Western New York Harness Horsemen’s Association leaders have been fruitful.

“We’re looking at doing it again, the same routine,” Kiedrowski said, noting that the WNYHHA has agreed to cover all expenses of the 16-date matinee meet, which will run on Mondays and Thursdays starting at 3 p.m. 

He said that the cost to conduct the meet last year, considering clubhouse, labor and equipment expenses, was around $322,000.

• Heard that Wojtaszek will be pushing for legislation at the state level to give WROTB more leverage in placing EZ Bet terminals in Erie County. Currently, Buffalo Raceway in Hamburg has veto power over locating EZ Bets within a 30-mile radius of its track.

“I think we could easily get between five and 15 within the next year if that provision is removed,” he said. “So, we will ask those who are responsible for governing those areas to take a real hard look at removing that provision. And that will be probably one of the top priorities that we have in terms of legislation.”

• Inquired about management’s plan for the two smoking rooms when the current waiver expires in 2025. The board is looking for an alternative in case the waiver isn’t renewed.

Wojtaszek said that if the waiver isn’t extended, customers would have to go outside to smoke and that some type of accommodations would be extended to them.

Press Release:

Lapp Insulators Co. LLC changed a decades-old process to incorporate new technology and equipment that results in energy savings, lower operating costs, and a safer work environment. The changes also earned the Le Roy-based company $27,000 in energy efficiency incentives from National Grid.

Lapp is a leading manufacturer of high-voltage insulators for electricity substations. The company recently replaced a 150-horsepower, high-pressure air compressor that had been used for 40 years with three Wilden Air diaphragm pumps to push 1.5 tons of liquid clay through its production lines. Lapp officials are pleased with the results, which include a 70 percent energy savings.

“This was a major change to our process,” said Facilities Manager Ron Richards, who worked with National Grid Energy Efficiency Specialist Jay Snyder to identify the opportunity and execute a plan to install the new pumps. 

“By collaborating with Jay and sharing ideas, we significantly improved our process, which means less downtime and more productivity. The new pumps make our employees and work environment safer, and we anticipate long-term operations cost and maintenance savings. We’re making higher quality products and are doing more with less.”

Richards said that the previous production process required approximately three times as much energy. The aqua-colored, soft, squishy clay is the main ingredient that Lapp uses to shape, fire, and glaze ceramic insulators that are used at electricity substations across North America. Around 130 people work at the Le Roy facility, which dates to 1916.

“At the foundation of our energy efficiency program is the ability to collaborate and learn from our customers so that we can better understand their needs and work together to find ways to lower their costs and reduce energy use,” said National Grid Regional Director Ken Kujawa. “When costs can be lowered and kept low for companies like Lapp Insulators, it can help them to grow, keep their facilities local, and build their workforces.”

“Our ability to work with Lapp Insulators to achieve energy efficiency goals and streamline production illustrates National Grid’s commitment to them, as well as all local manufacturers,” added Snyder. “The solution that we developed with Lapp has resulted in additional discussions about future projects to improve efficiencies and reduce costs in other areas of the facility, including lighting, an air compressor, dust collector motors, and an air dryer.”

Funding for the Lapp project was provided through National Grid’s Energy Efficiency Program, which includes financial incentives for commercial and industrial customers who reduce electricity costs. Incentives are available for customers who install energy-efficient lighting, controls, HVAC equipment, motors/electronic speed controls, and other systems that reduce energy use and/or enhance productivity.

Press Release:

Officials at Batavia Downs Gaming & Hotel are asking for entrants into their Annual Dachshund Races, scheduled to begin at 2 p.m. on Sunday, Oct.15.

Up to 80 dachshunds will be racing for the crown of fastest wiener dog in Western New York.  Each “heat” winner will receive free play and the top 3 finishers in the championship race will receive free play, food vouchers, and a free hotel stay.

Family-related activities will also take place including; on-site entertainers, kettle corn stand, pumpkin decorating, carriage rides, pony rides, and discount hot dogs and sodas.  Those events will take place from Noon to 2 p.m.  The wiener dog races will commence at 2 p.m., giving all attendees plenty of time to get home or to the stadium prior to that night’s Buffalo Football Contest.

If you have a pure-bred dachshund and would like to enter your dog to participate, please call or email Arna Tygart at 585-343-3750 ex 6437 or email at atygart@bataviagaming.com.

Admission and Parking is free.

“Our Annual Family Fun Day and Wiener Dog Races have a great history here at Batavia Downs,” said President and CEO, Henry Wojtaszek.  “We look forward to welcoming families and the community back this fall for this highly anticipated event.”

Press Release: 

On Sep. 14, The Genesee County Chamber of Commerce, along with Le Roy Town Historian Lynne Belluscio and Le Roy Historical Society Board Member Carol Wolfe, accepted an Excellence in Tourism Marketing Award for the Barn Quilt Trail of Le Roy program at the New York State Tourism Industry Association’s Annual Awards, held at the Strong Museum of Play in Rochester.

“Working together collaboratively with partners in our community, and being identified for it, creates an incredible sense of pride. The Barn Quilt Trail is an example of the countless hours of hard work, passion, and pride that our residents have in their community. Having such a vision for a fun activity that a large portion of our community contributed to is truly special. I am immensely proud of our Chamber Staff that saw all of the community’s commitment and worked tirelessly to shine a light on it,” said Brian Cousins, Chamber President.

The original 2012 Barn Quilt Trail began as a bicentennial project for the Town of Le Roy, with the first being painted in 2011 at the annual Oatka Festival. In the following 10 months, the trail surpassed its goal of 25 with over 70 barn quilts being painted and erected.

The trail features a collection of more than 100 hand-painted barn quilts along four driving tours in and around Le Roy. Explore the scenic countryside while spotting each unique barn quilt that’s displayed on an array of barns, garages, homes, and other outbuildings. Each quilt pattern has a story to tell, and these stories, along with full-size images, can be found on the new LeRoyBarnQuilt.org website.

Barn Quilts are known to drive heritage tourism for rural communities as visitors search out authentic experiences that represent the stories and people, past and present, of the area. For Genesee County, the barn quilts have come to represent the pride shared by the people of LeRoy, a town with a rich agricultural heritage, deep appreciation of its history, and immense pride in family heritage.

The Barn Quilt Trail expansion was supported through the Tourism Matching Funds program, administered by Empire State Development and I LOVE NY, New York State's Division of Tourism. 

The Chamber invites everyone to explore the trail and discover the beauty and history of the area. The brochure can be requested online at LeRoyBarnQuilt.org or picked up at the Chamber’s Visitor Center at 8276 Park Road in Batavia. This, and other local brochures, can be found in our vestibule, which is open 24 hours a day, seven days a week.

Press Release:

Congresswoman Claudia Tenney (NY-24) voted in favor of H.R. 5110, Protecting Hunting Heritage and Education Act, which authorizes the use of federal elementary and secondary education funds to purchase and use weapons for purposes of training students in archery, hunting, or other shooting sports.

This bill, which Tenney cosponsored, passed the House by a vote of 424-1.

Currently, the Biden Administration is intentionally misconstruing Congressional intent to advance its radical anti-Scond Amendment agenda. 

The Administration is warping the “Bipartisan Safer Communities Act” to prohibit funds authorized under the Elementary and Secondary Education Act from being used to fund hunting, archery, and shooting sports programs in schools. 

This bill specifies that this prohibition shall not apply to training students in archery, hunting, or other shooting sports.

“President Biden and Governor Hochul continue to undermine our constitutional right to bear arms, but this time, they are coming after our efforts to teach students how to safely handle firearms,” said Congresswoman Tenney. 

“By defunding hunting, archery, and shooting sports programs, the Left is preventing young Americans from exercising their Second Amendment right and learning important life skills. I voted in favor of the Protecting Hunting Heritage and Education Act to defend our constitutional rights and support outdoor recreational programs!”

As the 2023 live racing season at Batavia Downs reached the halfway mark, the numbers show that bettors came out in full force, and that may lead to the track's most profitable year since Western Regional Off-Track Betting reopened the property for racing in 2002. 

Through the first 26 days of the scheduled 53-day summer/fall meet, the total handle is up 57 percent over the first 26 days of the 2022 season, with an average nightly handle of $240,438, compared to $153,229 at this point last year. And Don Hoover, Director of Live Racing, is expecting this surge to continue.

“Based on what we are seeing to this point of the meet, I believe these numbers will hold true throughout the remainder of the 2023 live season and easily eclipse the previous high-water mark (since WROTB purchased Batavia Downs) of $146,987 per night set in 2021,” said Hoover. 

“We had a very strong winter meet at the start of this year that set two daily handle records (for the WROTB era) on consecutive Wednesdays, and the momentum for our product has clearly carried over to our current meet. As a result, I expect this substantial increase in wagering dollars to continue throughout the second half of the season.”

Hoover is also quick to point out that it has been a total team effort that has resulted in this increase.

“More horses are stabled on the grounds at Batavia Downs right now than in previous years, directly resulting in more races and fuller fields that lead to more wagering opportunities. And with the Tioga Downs meet recently coming to a close, we will most likely see more ship-ins from those horsemen as well, providing an even larger pool of horses to fill all our classes. And our simulcast department has been hard at work sending our races to more outlets throughout North America, which in turn, exposes more customers to our product,” said Hoover. 

Batavia Downs is currently racing at 6 p.m. on Wednesday, Friday and Saturday right through October 28. Then the schedule changes to 6 p.m. on Wednesday and Saturday from November 1 through December 9, which is the final night of live racing for the meet.

A longtime director of Western Regional Off-Track Betting Corp. this morning threw his unwavering support behind President/Chief Executive Officer Henry Wojtaszek, stating that the public benefit company has “weathered the storm” to produce record results over the past two years.

“We’re excited about how Henry has kept his eye on the ball,” said Dennis Bassett, the City of Rochester representative since 2009 (photo at right), following the monthly board meeting at WROTB’s Park Place headquarters. “He's been a good leader for Batavia Downs. He's garnered the support of the board, and I think we should continue that support moving forward.”

When asked to comment about the legal turmoil that has surrounded WROTB in recent years – pending lawsuits, a critical report from the New York State Comptroller’s Office and a state-mandated reorganization of the board of directors, Bassett said he sees it more as “opportunities” for the corporation.

“Well, I wouldn’t call it turmoil as much as I would call it opportunities for the board,” he responded. “We went through some times where we were questioned about a number of things, and we feel the board has weathered that storm -- we've weathered the storm.

“We have made sure that we made good business decisions with the hotel. We didn't have concerts three or four years ago. We didn't open up the facility to corporate meetings. Now we have close to 100 corporate meetings now. Five years ago, we probably had five or six corporate meetings.”

Bassett said expanding the facility’s use has been the result of “good board input, its business experience and … the help of leadership to make this place a destination.”

He declined to comment on any pending litigation, which includes a whistleblower lawsuit by former Chief Operating Officer Michael Nolan against WROTB, former Board Chair Richard Bianchi and Wojtaszek.

“That is something that I would like to stay away from. I really don't want to comment on those things,” he said.

Bassett defended the previous board’s decision to extend three-year contracts to senior management – an action that took place in May, just prior to state legislation that disbanded that board and put new voting parameters in place (giving more weight to Democrat Party-controlled municipalities, including Rochester).

“I think our decision to do that was very important because it gives us a little stability with our leadership here at Batavia Downs,” he said. “We don’t want good, talented people to be looking elsewhere. So, the contracts showed that with any change in the board and any changes moving forward, we have a solid group of people who can manage the business. And they've been managing it successfully for the last few years. And this year -- and last year – we’ve seen record results.”

VP/Operations Sean Schiano reported at the meeting that the net win for August of $7.1 million puts that month in the top five all-time and that September's net win is expected to surpass the $7 million mark. Net win is the amount money left in the Video Lottery Terminal after paying out customers.

Directors present at today’s meeting were unable to conduct any official business (such as passing any resolutions) because of the lack of a quorum. With directors from Erie County and the City of Buffalo (Jennifer Hibit and Crystal Rodriguez-Dabney, respectively) absent, only 68 percent of the board in terms of voting power was in attendance, Wojtaszek said.

Erie and Monroe, plus Buffalo and Rochester, account for 62 of the 100 votes in the weighted format. Genesee County, the host municipality, has two votes. A group of rural counties is mounting a legal challenge to the state's decision to eliminate the previous board, citing "Home Rule" legislation that has been in place for quite some time.

Wojtaszek said that he expects all of the directors to receive licenses from the State Gaming Commission by the October meeting.

Previously: 

• Photo and video: Large load leaves Graham plant in Batavia, heads down Clinton Street
• Graham, the little manufacturing gem in Batavia making big equipment for a global market

Mr. Simpson’s in the building.

If you don’t know what that means, you’re one of the many students, staff and faculty at the school districts that don’t use such lingo as a secret indicator of a particular message to be broadcast when necessary over the public address system.

Just imagine what it would be like as a visiting student or substitute teacher on a day when this cryptic notification is aired, and all of the other school members respond in a knowing awareness. What if this message held special significance in relation to a school threat or community emergency? On the other hand, there are two very common terms used by most every school that have caused much confusion as well: lock out and lock down.

Now that a Standard Response Protocol has been implemented this summer, the language and related directives during school incidents will be the same for each of the city school district schools, St. Paul Lutheran, St. Joseph’s, Notre Dame High School and the state School for the Blind, and for Batavia Police Detective Eric Hill, it's about time.

“They've had the lockdown procedure in place and lockout procedure in place for a very, very long time. It's just now we're calling the lockout secure, so there's not that confusion any more. I'm really trying to push the education portion of it. Because a lot of times, you know, because of the very similar wording between lockout and lockdown, the general public would get confused as well. So we'd call for a lockout. And people would be like, 'Oh, my gosh, my kid was in lockdown.' They weren't, but it was just that the language is so close to one another that you don't understand what the difference is between them,” Hill said. “So we're trying to get that information out to the general public, and schools have actually had Parent Night and stuff like that, where they've been pushing out this wording and what it actually means. So when a parent hears 'Oh, you know, my school or my kid was in a Secure,' they understand that there wasn't any threat to the child at all … so we're hoping that that'll alleviate some of the anxiety that comes along with this kind of stuff.”

There have been some districts that used phrases such as Mr. Simpson is in the building to indicate a certain message to the student body, and a more universal language would help to clarify those messages as well, he said.

As for the wording, the new language to be used in this protocol will be:

Hold — is followed by “in your room or area,” and is the protocol used when hallways need to kept clear of occupants.

Secure —  is followed by “get inside. Lock outside doors,” and is the protocol used to safeguard people within the building.

Lockdown — is followed by “locks, lights, out of sight,” and is used to secure individual rooms and keep occupants quiet and in place

Evacuate  — may be followed by a location, and is used to move people from one location to a different location in or out of the building.

Shelter — is to include the hazard causing the incident and safety strategy for the group and for self protection.

These words will be announced by public address system when necessary, although Hill would like to eventually move to having the software available for use on cell phones, laptops, computers and Smart Boards. That will take future grants or other types of funding, he said. 

An example of a Hold would be if a student is sick and other students need to be kept away and out of the hall, a Hold may be called out over the PA, he said. 

A secure might be if there’s a threat outside of the building — there was a recent real example when police had a car chase, and the driver bailed from his vehicle and police officers chased him on foot. Previously that would have been a lock out, but now is a secure, meaning keep everyone inside and safe, and go about your business with the doors locked to prevent anyone from getting inside.

A lockdown is when the threat is inside the school and students and staff need to keep themselves safe inside, perhaps locked inside a classroom. 

Evacuate is to move out of the building, and shelter is to find a safe place to be in a time of crisis, perhaps a blizzard or other natural disaster.

An initiative that began from tragedy — a school shooting that took the life of Emily Keyes — the I Love U Guys Foundation was founded by her parents, Ellen and John-Michael, in 2006 to “restore and protect the joy of youth through educational programs and positive actions in collaboration with families, schools, communities, organization, and government entities.” 

The couple drafted these directives as ways to provide more uniform responses for kids to follow when incidents occur in schools, up to the point when the incident ends, Hill said. So if it’s a threat inside of school, no one would leave a locked classroom until an authorized person with a key unlocks that door. Because “no one, under any circumstances should open that door for anybody,” Hill said.

“Because, you know, we'll be opening that door. But we specifically set it up that way. The SRP is they've literally thought of everything at the I Love U Guys Foundation. They've put a lot of time, a lot of effort into this,” he said. “And we've actually had several trainings with them over the summer, and with school staff, both private and public school staff, to really understand their SRP and where it would be beneficial to everybody in our community, law enforcement, staff, students in the public, just to get everybody on the same page. So we're all talking the same language.”

The program’s name stems from when Emily was held hostage during her school’s shooting, and she texted that message to each of her parents. One goal is to get schools across the country to sign up and train using this standardized response protocol. Hill wants to ensure that the city’s program is up and running strong before then moving onto spreading it throughout Genesee County.

“Once we kind of get that in place, then we do want to hopefully grow the school safety team by pulling the Sheriff's department in with us. And then rolling it out county wide,” he said. “So that way, all the schools in Genesee County are using the exact same language, they're using the exact same protocols. And we all know what each other is doing. But we just haven't gotten to that step yet. So we're working towards that.”

Crisis response training for each of the schools began in August and will continue throughout the year. This protocol is not to be a replacement for any school safety plan, but an enhancement for critical incidents, officials said. 

Clear communication is critical in a crisis situation, City Schools Superintendent Jason Smith said, and the “standardization of these terms will provide clear direction to our students, staff, families, and community in case of emergency.”

“Thank you to our partners at the Batavia Police Department for leading this effort and for their consistent prioritization of school and community safety,” Smith said. “I’m thrilled to see Batavia’s educational community come together to implement these essential protocols.”

Part of the program includes posters that can be downloaded and printed out for schools to place on walls for free use in times of crisis — especially when someone forgets what a directive means or the steps involved, Hill said. 

There are also other posters that may be placed in windows to alert visitors that “School is Secured” with monitored entry, or “Drill in Progress” with no one in or out, or other such messages, and trainings offered through the program’s website.

 For more about the program, go to I Love U Guys.

A North Carolina man suspected of extremist ties and caught in Genesee County in March 2022 with an illegal firearm and subsequently charged by federal law enforcement was sentenced on Wednesday to time served.

Michael Alan Jones, who reportedly had ties to white supremacist groups, served 10 months in federal custody after his arrest in by deputies Kenneth Quackenbush and Nicholas Chamoun, who relentlessly questioned Jones and a companion during a traffic stop on School Road in Le Roy after a vehicle driven by Jones tried to make apparent evasive moves.

It turned out Jones did not have the proper license plate on the vehicle he was driving, giving the officers the authority to impound the car and inventory its contents. While compiling the inventory, they discovered an illegal AR-15.

The video of his arrest, above, is edited from body-worn camera footage obtained by The Batavian in February through a Freedom of Information Law request filed with the Sheriff's Office.

Once the FBI learned of the arrest of Jones, an agent with the Joint Terrorism Task Force responded to the Sheriff's Office on Park Road and questioned him.

The FBI took over the case and filed federal charges against Jones because he was a convicted felon -- in North Carolina -- who crossed state lines in possession of a firearm and ammunition.

Jones admitted to the Federal charges in December and was eventually released under supervision, returning to his parents' home in North Carolina, pending sentencing. He was apparently released, in part, because of a serious medical condition involving his leg.

In a letter to Judge David G. Larimer, Jones said the release probably enabled him to receive the care he needed to keep his leg.

A probation officer also noted for the court record that Jones was in full compliance with the terms of his release.

In his letter, Jones admitted he had made mistakes.

"I would like to apologize for my actions that have led me to your courtroom," Jones wrote to the judge. "I have had time to reflect on what circumstances led me there and what thought processes led me to believe I was doing the right thing, and I can see now that I was simply wrong. There is no justifying it. We have laws in place for the betterment of society, and it is not up to me or anyone on my level to try and decide which ones are to be followed or not. I regret the steps I took that led to us being in my position today, but I can honestly tell you that I have learned from my mistakes, and I have no desire or intention of ever putting myself in a situation to end up in any situation like this again."

UPDATE 5:30 p.m. Since publication of this story, The Batavian has obtained a copy sentencing memo presented to the court by Federal Public Defender Steven Slawinski in support of a time-served sentence for his client. In it, Slawinski states that Jones, who had a leg injury prior to his arrest, was in danger of losing his leg and was barely able to walk because of inadequate medical care while in the custody of the Monroe County Jail. The wound had become infected, and Jones had been denied antibiotics in jail. Slawinski asked the court to consider the possibility of Jones again not receiving adequate health care if he were incarcerated again. 

Slawinski also confirms that Jones was a former member of Proud Boys, which Jones joined when he was a teenager.  Over time, his views changed, and Jones became a paid FBI informant. Jones infiltrated the Charlotte chapter of Proud Boys and provided the FBI with "valuable information" about the organization.  He writes, "Jones has since matured and no longer harbors these views. In fact, renouncing these views was a prerequisite for his parents allowing him to come back to their home after he was released from jail."

Slawinski said Jones is considering becoming a trucker or going back to college to earn a degree in agriculture.

Previously:

• Law and Order: North Carolina man accused of possessing illegal weapon
• Feds take over case involving North Carolina man found in Le Roy with AR-15
• N.C. man with apparent extremist ties admits to federal crime in relation to arrest in Le Roy
• Deputies' doggedness leads to illegal firearm arrest, interest of terrorism task force

Federal officials confirmed with The Batavian on Wednesday afternoon that an arrest warrant and search warrant were executed by agents of the FBI at 3604 South Pearl Street Road, Batavia, earlier in the day.

Jeannie McBride, public affairs officer for the FBI, referred The Batavian to the U.S. Attorney's Office for details on the arrest.

A spokeswoman confirmed a subject did appear in U.S. District Court on Wednesday afternoon and is scheduled to appear again at 3:30 p.m. on Thursday. She said details of the case could be obtained through PACER, the website where federal court documents are made available to the public.

As of Wednesday night, no documents had yet been released related to the case.

McBride said the investigation is "ongoing."

County records indicate the registered property owner is Barsuk Buffalo Properties LLC. The LLC was registered with the Secretary of State in 2018 with a postal box address in Batavia.

Imagine that you return from work to find that a couple of people have parked their cars in your driveway. You don’t know them, and you cannot fathom why they’d just  decide to leave their two-ton possessions on your property for a few to several hours. 

Now move this scenario onto the property at the former Kmart parking lot at Lewiston and Park roads in Batavia. Benderson Development Corporation owns the space, and rented it out to Batavia Downs for its summer concerts from June through August, reverting it back to a no-parking zone once the season was over.

Signs have been posted and chain barriers have been put up, to no avail. People have persistently ignored the signs and even boldly moved the chains to park in the lot anyway, Steve Grice says.

Yes, people have been blatantly parking in someone’s private driveway. It happens at other locations as well, he said, but it's usually one or two vehicles versus several that end up at the Kmart lot.

If you think that Benderson is being unreasonable about its policy, there’s valid reason for it, Grice said. Last winter a motorist parked in the lot and allegedly tried to file a damaged vehicle claim. All bets were off — and a stricter no parking policy was attempted through signs with warnings that unauthorized vehicles would be towed away by Dan’s Tire & Auto.

That’s how Grice, the towing operations manager, got involved. It came to a head this Monday, when a dozen vehicles were illegally parked in the lot, and the development company could either have those motorists charged with trespassing or towed away, Grice said. "Twelve cars got towed," he said.

He has been getting complaints from people and wants everyone to know that “we’re just doing our job.”

“We want the public to know that we didn’t make the call,” Grice said Wednesday. “The property owner contacted us to do our job. As of today, we have not had any vehicles left beyond 24 hours.”

The fee for ignoring those posted signs is $233 for the first 24 hours, and $50 a day after that. Grice finds it hard to believe that “people are being disrespectful” of the policy just to walk across the road to Batavia Downs, especially when that facility offers free valet service.

Benderson Development did not return a call for comment.

Photos by Howard Owens

Being issued a “clean bill of health” hardly makes for an eye-catching headline when it comes to a city audit. However, city leaders are eager to take some of that good news and reinvest it. 

After presenting the city’s 2022-23 audit Monday evening, Erica Handley, Director at Drescher & Malecki, concluded that city assets and revenues exceeded liabilities by $17, 410,127, with more than $41 million of net investment in capital assets, $13.7 million of restricted funds for specific purposes and another $16.6 million for unrestricted, or unspecified spending funds.

“So at the end of 2023, the general fund total fund balance reached $11.7 million. Again, that increase is about $2.3 million from the prior year,” Handley said during council’s conference session at City Hall. “Overall observations, we do plan to move forward issuing an unmodified opinion, that clean opinion, you did not give any reportable findings, no material weaknesses, no significant deficiencies. Considering that compliance audit we did this year, a whole bunch of more testing, no compliance findings. So nothing to report there.”

This year’s general audit also included a compliance audit triggered by the city’s spending of more than $750,000 of federal funds, she said. 

“We act as an agent of the federal government and test those federal funds for certain compliance requirements,” Handley said. “So the program that we tested was the highway planning program. And we perform a series of tests as dictated to us by the federal government to ensure that those federal expenditures are allowable, that they are in a timely fashion, and the reporting is done correctly. 

“We had no issues with that testing that we did this year,” she said. “But that just is something that is new this year as compared to last year.”

After socking away more than $3.8 million into the city’s unassigned fund balance — a move based on the recommended policy to increase last year’s amount by $768,000 — City Manager Rachael Tabelski has recommended using remaining reserve funds of $2.1 million for future expenses of several city departments.

“The city ended the fiscal year 2022-23 in a good position to move on assignments on balance to reserve accounts for future one-time purchases. I have discussed the following proposals with the audit committee who concur that we have the ability to reserve $2.1 million in funding and still maintain a 20 percent unassigned fund balance, which was approximately $3.8 million,” she said. “While we do have, and you all know, a plethora of competing interests across the city, from parks, trees, recreational facilities, vehicles, etc. I've reviewed the capital and asset plans for each department and the requests that we have received from council and citizens, and recommend the following funding reserve accounts.”

Police Department Reserve: Put $100,000  to replace patrol and detective vehicles on a yearly basis based on a fleet replacement schedule. By allocating this money to the reserve, the city will be able to continue to purchase vehicles and keep up with the rotation, she said, with the oldest patrol car now being 2017 and the oldest detective car a 2009.

City Council committed $120,000 of video lottery terminal funds for two new vehicles in August 2023 for the Neighborhood Enforcement Team.

For the Fire Department Reserve, put $300,000 to make debt payments toward a newly purchased $800,000 pump engine, which was  paid for with a $100,000 USDA grant, and a loan for $665,000, plus $37,000 in reserve funds. 

Council also approved $80,000 of reserve funds to purchase a one-ton pickup chassis or replace a 2012 vehicle for medical and other responses, with an estimated balance of $680,420. 

The reserve money can be used to purchase the pumper, make debt payments or for other needs, including additional police and fire radios at a cost of $375,000, and review the longevity of the ladder truck. 

Put $400,000 into DPW for the equipment reserve plan, which has allowed the city to replace more than 22 pieces of public work equipment valued at $3.6 million and growing to date.

The ice rink would get $150,000 to go toward the purchase of an ice chiller, which has been in need of replacement for the last two years. The city spent ore than $90,000 in refrigerant and other maintenance costs in 2021 and 2022. The price tag for a new chiller is $2.5 million.

Facilities Reserves would get $400,000 as part of the city’s Strategic Plan for the Bureau of Maintenance, fire station and City Centre roof, some having been completed, and other work in progress. This money would also fatten the reserve balance for the future police station, which is to cost an estimated $15.5 million. 

Future sidewalks that are part of the city’s Complete Street Program would get $300,000 to allow for another 5,000 linear feet of sidewalk and handicap-accessible ramps.

Compensated absences are slated for $100,000 to deal with three pending retirements and one-time payouts and $100,000 for retirement reserves for these future expenses.

The city’s municipal parking lots would get $250,000 to address improvements of worn surfaces, including the Alva Place lot that will be paved when the new police facility is constructed, and BOM parking lot will be addressed. 

Over the past decade, the city has “diligently built reserve funds to complete projects and control general fund spending,” Tabelski said in a memo to council. The reserves are built to fund capital projects, purchase trucks, vehicles, infrastructure and facility improvements and cover overages in health and workers’ compensation costs. 

“Building the reserve fund now is extremely important as the city prepares to bond for a new police facility,” she said.