An attorney for Scott Doll, convicted of murder in 2010, thinks there are questions about the case that deserve answers, but the looming question is whether he convinced a judge in Genesee County on Friday that the law allows for those questions to be asked in a hearing.

"We have too many questions in this case, too many whys," said Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, near the end of a nearly 90-minute hearing before Judge Sanford Church. 

"Scott Doll was sentenced to 15 years to life. He has served 13 years in prison. There are questions about significant evidence, whether it was collected or not, and questions about DNA at the scene when the theory of the prosecution was that Scott Doll was the sole person who committed the crime.

"There is some evidence of another person present," he added. "There is an unknown footprint in the snow.

"We should be interested in the answers to these questions. We shouldn't have these questions floating around in a case as serious as this, what was or was not collected when it was testified that it was? Why was there DNA there that is not the victim's and not Mr. Doll's? We're not sure. There is absolutely enough evidence and enough questions as to what happened in this case to warrant a hearing."

Whether there is enough evidence, and new evidence at that, to warrant a hearing under Criminal Procedure Law Article 440 is one of the questions that Church must answer.  

Deal and Assistant District Attorney William Zickl provided him with passages from the statute that seem contradictory.

On one hand, Church shouldn't decide whether the evidence that might be presented at a hearing would lead him to overturn Doll's conviction. There is case law that says that the quality of the evidence shouldn't be the deciding factor. The language of 440 says he can order the hearing purely "in the interest of justice." 

On the other hand, Zickl argued, the defense failed to make the case that there is any basis to hold a hearing under the language of the statute.  The pleading is deficient in substance and substantiation and therefore fails to meet the standards to proceed with the motion, according to the language of CPL 440.

Doll, 60, formerly of Corfu, was convicted in a jury trial of murder in the beating death of former business partner Joseph Benaquist. During the trial and for the past 13 years, Doll has maintained he didn't kill Benaquist.  He wants a chance to prove to a new jury that there is evidence that somebody else was at the scene of the murder before he arrived and found Benaquist already dead.

Church, who is a judge in Orleans County, is hearing the case because County Court Judge Melissa Lightcap Cianfrini recused herself over a conflict of interest.  She formerly worked in the District Attorney's Office at the time of Doll's trial and subsequent motions.

The new facts Deal is asking Church to consider as new evidence is an apparent admission by Scott LaPoint, a deputy medical examiner in Monroe County, that it was policy and normal procedure to collect fingernail scrapings from a victim in a murder case. That didn't happen in the Doll case.  

Also, Deal says, new DNA tests of one of Doll's family members and two of Benaquist's do not match third-party DNA found on one of the victim's boots.

Deal is trying to thread a needle, and Church asked some seemingly skeptical questions.

A motion to vacate Doll's conviction must be based on new evidence.

In 2016, a motion to vacate was made on the discovery that, contrary to LaPoint's testimony at trial, no fingernail scrapings were taken from Benaquist. Based on defense motions during the appeal process, new testing of the blood-spattered clothing from the crime scene was ordered by Judge Robert Noonan.  That led to the discover of DNA that apparently matches neither Doll nor Benaquist.

So, the jury did not know that there were no fingernail scrapings taken from Benaquist and the jury did not know that about the possibility of third-party DNA at the scene of the crime.

That motion to vacate based on these then-new discoveries was rejected by then interim County Court Judge Michael F. Pietruszka on the ground that if the new evidence had been available to the jury, it wouldn't have led to an acquittal for Doll.

Doll lost subsequent appeals of Pietruszka's decision.

Since those two facts have been adjudicated, they can no longer be considered "new evidence."

That leaves Deal arguing that what Pietruszka didn't know at the time of his decision was that, by policy and procedure in the Monroe County Medical Examiner's Office, LaPoint should have collected fingernail scrapings. The fact that LaPoint didn't, despite the policy and usual practice, raises a question as to why, and that question deserves an answer that can only be obtained in a hearing, Deal reasoned.

Church wanted to know if Deal was implying something underhanded went on in the case, and Deal walked carefully around that question.

"What we need is a hearing to fully explore what happened with that evidence," Deal said. "Why wasn't it collected? What if anything is going on, or is it something else? We don't know, and we should know. This is a man's life."

Church accused Deal of a fishing expedition, and Deal said that isn't the case. 

"If we have a hearing, Mr. LaPoint comes in and testifies under oath, bringing his notes, bring whatever else might be related, to help his recollection," Deal said.

The DNA comparison from relatives of the defendant and victim is significant, Deal said, because it means some person unknown to the defendant was at the scene of the murder, substantiating Doll's claim that he wasn't there at the time of the murder.

According to Zickl, none of this represents new evidence; to the degree that it does or might, it is of minimal importance, he said.

First, Zickl argued that Deal's motion is insufficient on technical grounds. The information from LaPoint about policies and procedures isn't in the form of an affidavit, and the same is true of the new DNA results.

"It is required that the defendant support his motion and substantiate all essential facts of his claim," Zickl said. "That substantiation has not occurred based on these papers."

Beyond that, even if Doll were granted a new trial and LaPoint testified that yes, fingernail scrapings should have been taken, and no, they weren't, and he didn't know why, that wouldn't persuade a jury to reach a different verdict faced with the overwhelming physical evidence of Doll's guilt.

The jury heard testimony in 2010 that the fingernail scrapings were not tested for DNA. The only thing that's changed is that LaPoint was mistaken, Zickl said, in testifying that fingernail scrapings were taken when they were not.

The defense had the opportunity before the trial to request a test on the scrapings. The defense did not make such a request.

Benaquist was murdered, beaten to death, on Feb. 16, 2009, in the driveway of his home in Pembroke. Before his body was found, a deputy came across Doll walking on South Lake Road in a jumpsuit covered in blood.  At trial, a blood spatter expert testified that the patterns of blood on Doll's clothing and face were consistent with an assault on another person.

Deal has noted that Benaquist had defensive wounds on his hands, but Doll was found to have sustained no injuries the night of the murder.

As for the third-party DNA, Zickl said the Medical Examiner's report does not conclude that the DNA comes from blood and that it is mixed in with Benaquist's blood.  It's not as clear cut as Deal asserts that there was third-party blood on Benquist's boot.

Deal wants a hearing, also, so the DNA sample can be submitted to a national crime database to see if it matches anybody in that database.  That would answer the question, perhaps, of who else was at the murder scene, Deal said. Zickl said the fragment of DNA isn't of sufficient quality for that kind of test. Deal said it was sufficient enough to know it didn't match the family members tested.

Zickl said, based on Noonan's order during the previous appeal, that the defense requested dozens of new areas on clothing be tested.

"Out of the dozens of areas, this one area produced this fragment of DNA that could not be attributed to the defendant or the victim, though Joseph Benaquist is a major contributor of the sample that includes this biological substance. We don't know how, why, or even what this biological substance comprised."

Deal said in his papers and mentioned it again during Friday's hearing that a blood splatter expert has stated the DNA sample could have only arrived on Benaquist's boot at the time of a struggle. 

Zickl implicitly disputed that claim.

"There is so much not known about this fragment," Zickl added. "We don't know when it was deposited, who, or what it is."

Despite Zickl's insistence that the abundance of evidence points to Scott Doll's guilt and nothing new has been presented that would suggest he didn't kill Joseph Benaquist, Deal maintained that Doll deserves a legally substantiated answer to the questions that still dangle in the case.

"When you stand back and look at all the pieces, there are good reasons to believe that someone else was at this crime scene when this crime occurred," Deal said.

Many members of Doll's family attended the hearing. After the hearing, Dawn Doll, Scott's step-sister, leaned over to a reporter and said, "There is a murderer out there who is free."

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

According to the National Weather Service, a winter weather advisory will continue until 7 a.m. Saturday, with additional snow accumulation of 2 to 4 inches possible. Areas affected included Genesee, Niagara, Orleans, and Northern Erie counties.

Winds gusting as high as 35 mph. Plan on snow covered and slippery road conditions with poor visibility. Periods of snow will result in snow covered roads and limited visibilities. Slow down and use caution while driving.

In other words, it's still winter, folks. We're not officially into spring until March 20. Hopefully, Mother Nature will cooperate this year. 

Photo: A city resident takes care of some late night shoveling as the snow continues to trickle down Friday evening in Batavia, by Joanne Beck.

Press Release:

New York businesses and residents affected by Winter Storm Elliott that occurred Dec. 23-28, 2022, are eligible to apply for low-interest disaster loans from the U.S. Small Business Administration. The declaration covers Erie County and the adjacent counties of Cattaraugus,
Chautauqua, Genesee, Niagara and Wyoming in New York.

Businesses of all sizes, non-profit organizations, homeowners and renters with uninsured or under-insured losses from Winter Storm Elliott are encouraged to apply to the low-interest disaster loan program. The filing deadline is April 28, 2023 for physical damage and November 27, 2023 for economic injury.

Applications can be found online.

Two in-person locations have also been set up to assist those who need it to apply. Both locations are located in Erie County and close to applications Thursday, March 16, 2023, at 4 pm. You do not need to visit these locations to apply.

Disaster Loan Outreach Center at Delavan Grider Community Center
877 E. Delavan Ave, Buffalo, NY 14215
Hours: Monday-Friday 9 a.m.  to 6 p.m. and Saturday 10 a.m. to 2 p.m.

Disaster Loan Outreach Center at Erie County Training & Operations Center
3359 Broadway, Cheektowaga, NY 14227
Hours: Monday-Friday 9 a.m. to 6 p.m. and Saturday 10 a.m. to 2 p.m.

For more information, go to a Disaster Loan Fact Sheet.
 

While the Pembroke Dragons are Class C2 champions in Boys Basketball, their season ended on Thursday in the state qualifier game, consolidating Section V's Class C trophy winners into one team that advances.

The Dragons lost to Lyons 59-56.

No statistics were submitted for the game.

Photos by Jessica Pfalzer

Two accidents are reported in Bergen, both with injuries and entrapment.

The first accident reported was at Jericho and Townline Road the second at Route 33 and Route 19.

Two vehicles involved in the first accident, three in the second.

Bergen Fire and Mercy EMS dispatched to both accidents.

UPDATE 3:53 p.m.: At one of the accidents, a responder reported no entrapment but assistance needed in getting patients out of a vehicle.  

UPDATE 3:55 p.m.: Le Roy Ambulance requested to the Jericho Road accident.

Press release:

The Finger Lakes Youth Apprenticeship Program (FLYAP) held its annual “Signing Day” ceremony at the Genesee Community College’s BEST Center on Thursday, March 9, 2023. Nearly 40 students from the Batavia Campus of the Genesee Valley BOCES signed up for job shadows and paid co-ops at a dozen advanced manufacturing companies in the region.

“Students from the Genesee Valley BOCES in Batavia are already receiving some of the best career and technical education training in the classroom which is preparing them for the 21st-century workforce,” said Rich Turner, RTMA Director of Workforce Development. “The Finger Lakes Youth Apprenticeship Programs compliments these students’ classroom training by connecting seniors and juniors to a one-of-a-kind job shadow or paid co-op at manufacturing companies across the region.”

The Finger Lakes Youth Apprenticeship Program was created in 2018 and is the first youth apprenticeship program for students interested in manufacturing in New York State. FLYAP partners with every BOCES and Career and Technical Education high school throughout the greater Rochester and Finger Lakes region.

“We are so very proud that through Genesee Valley BOCES and our relationships with amazing business partners, students receive experiences that will lead them into successful careers,” added GV BOCES Batavia Campus Executive Principal Rachel Slobert. “Whether it is a job shadow or paid internship, these opportunities allow students to get real-world experience prior to graduation.”

FLYAP is a program of the Rochester Technology and Manufacturing Association (RTMA) and is supported by Monroe Community College (MCC) and the Genesee County Economic Development Center (GCEDC). The Finger Lakes Youth Apprenticeship Program is also supported with funding from the Rochester Gas & Electric Economic Development Grant and Ralph C. Wilson, Jr. Foundation.

“The students at the Genesee Valley BOCES and our region’s career and technical education centers are entering the manufacturing and skilled trades workforce with career-ready skills and experiences,” said Chris Suozzi, GCEDC Vice President of Business & Workforce Development. “The Youth Apprenticeship Program builds on those experiences with a direct pathway to rewarding careers at our region’s employers.”

To date, more than 400 high school juniors and seniors and nearly 150 businesses have participated in the program. in addition to the students’ work experiences, most take college-level courses at no charge through a dual enrollment agreement between participating schools and MCC. Entering this year, participants have taken more than 350 classes.

The next FLYAP “Signing Day” ceremony will be on Tuesday, March 14 at the Orleans Niagara BOCES in Medina, Orleans County. Additional programs can be found at www.flyap.org; or you can contact FLYAP at info@fingerlakesyouthapprenticeship.org or (585) 510-4278.

To view photos, click here.

Photos by Steve Ognibene

Rich Turner Director of Workforce Development, Rochester Technology and Manufacturing Association

Chris Suozzi, Genesee County EDC – STAMP VP Business & Workforce Development

Karli Houseknecht - Tambe Electric

Hunter Meyers - Tambe Electric

Robert McCarthy - Grahams Corporation

Students left to right Bradley Burdett - Maris Systems Design, Bailey Burdett - Nortera Foods and their parents

South Main Road, over the Tonawanda, Batavia. Photo by Chris Suozzi.

Oakfield. By Kristin Smith.

A truck has reportedly hit a pole on Ellicott Street Road at Shepard Road, Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:52 a.m.: There's also a truck off the road with a fuel leak on Route 63 and Little Canada Road. Bethany Fire responding.  A minor injury reported at the Shepard Road incident. 

UPDATE 11:53 a.m.: Shepard Road, no injuries. The driver is in an emergency vehicle, warming.  Low-hanging wires, none detached.

UPDATE 12:03 p.m.: Trucks can't get through because of the low-hanging wires at Shepard Road.  A single lane is open for cars.

UPDATE 12:08 p.m.: Traffic control is needed at Little Canada Road. "We're on a bend in the road here. People are flying around the curve before they see us."

Resiliency is a great attribute for anyone or any place, however, there’s a difference between concept and reality.

New York State and Genesee County officials announced this week a plan to boost the county and its multiple municipalities, including the city’s Centennial Park, with a 454-page resiliency plan. The three-phase strategy for Centennial Park is estimated to cost more than $300,00 once fully completed, plus ongoing maintenance.

“Like with all planning documents, funding is key,” City Manager Rachael Tabelski said. “Otherwise, they sit on a shelf and collect dust.”

The Batavian asked Tabelski about details for the plan, which was unveiled by the state and nonprofit NY Green, and paid for with a $250,000 grant, this week at the base of Centennial Park.

City officials were present but not part of the news conference, though “we did provide information to the consultants about the flood plain and gave permission to Genesee County Planning for the Centennial Park proposed concept, with input from the parkside neighborhood,” Tabelski said.

The proposed concept is a lofty one, aiming to tear out 60 trees, mostly silver maples, and plant 400 new trees and shrubs of more compatible species for a warming environment. Depending on the species, it can take new trees from 15 to 30 years to fully mature.

State Deputy Secretary Kisha Santiago-Martinez said the plan presents a “comprehensive, holistic approach to addressing and preparing for the many challenges we confront in the face of more frequent and severe storm events.”

“By developing and implementing this plan, you are proactively helping to ensure that the county, its municipalities, residents and businesses are better prepared to confront and recover from natural disasters,” she said.

The plan for Centennial, situated in the heart of the city between Ellicott Avenue and State Street, also calls for regrooved pathways and raking autumn leaves up around trees instead of mulching them with a mower. The idea was to reinforce the historic patterns of the park through the use of vegetation, pathways and tree species more akin to this area able to withstand future warming, said David Beatty, an integrally involved Batavia resident who was on the committee to flesh out a park plan.

While Tabelski had no critiques of the plan itself, it comes down to the question, as with most everything: how is it going to be paid for?

Back up to about six years ago, when former City Manager Jason Molino led the formation of a City of Batavia Tree Master Plan in 2017. Consultant Urban Forest Analytics LLC performed the study after several meetings with Public Works, the Bureau of Maintenance, and parks staff. Extensive fieldwork was completed to identify and locate trees as part of the master plan, then-DPW Director Matt Worth said in a memo to Molino.

It was a project of years in the making that included training for proper tree care techniques, risk assessments, maintaining a database, detailed forecasts and strategies, Worth had said.

That plan is followed as funding allows each year for tree removal, planting and pruning throughout the city, including in parks, Tabelski said.

“Trees are an integral part of our city landscape, and fabric of our neighborhoods, not to mention the positive emotional and recreation enhancement trees offer,” she said. “Over the past several years, I have fielded more requests for increased tree planting than any other single request from citizens of the city.”

Highlights of the Tree Master Plan include:

• The number of street trees could increase by 50 percent
• 7 percent of street trees are ash and need to come down (250 trees)
• 15 percent of park trees are in poor condition 
• 8 percent of park trees are ash and need to come down (54 trees)
• 38 percent of Batavia has canopy cover

Even though this week’s debuted plan may have seemed to be a given, it is not a mandate, Tabelski said.

“The Genesee County Resiliency Plan includes towns, villages and the city and is purely a road map that communities can choose to follow to make improvements and access grant funds if they so choose,” she said.

As for who will pay for that road map, “the plan that included Centennial Park could be used to apply to grant funds for tree removal and planting, along with the city’s Tree Management Plan.”

“It is a tool to help make informed decisions,” she said. “It is my understanding that the DEC does, periodically, have these types of grants available.  The other options are fundraising in the community, corporate sponsors, or through the city’s operating funds. 

“This is a planning tool that can help City Council and City Management make future decisions, just like the Tree Management Plan,” she said.  “We consult these plans during grant review and budgeting.”

This year’s pending 2023-24 budget for the City of Batavia includes annual tree removal (20 trees) for $26,000, stump removal for $5,500 and tree purchase and replanting (one for one) for $11,600.

 Projected costs of future maintenance, if the park plan is completed per the resiliency plan, have not yet been reviewed or evaluated, Tabelski said.

Go here for prior Resiliency Plan coverage.

File Photos of spring, top, and summer, at Centennial Park in Batavia, by Howard Owens.

A believer of community service, faith, gratitude and, for sure, in doing the heavy lifting.

That’s Norm Argulsky, a lifelong Batavian, retired school teacher, and volunteer about town.

Argulsky, on the cusp of turning 85, was surprised to learn he’d been selected as a recipient of the Genesee County Chamber of Commerce Geneseean of the Year. Certainly, there were others more worthy, he said. Well, apparently, the committee thought he was not only equally worthy but most deserving.

“I do what I do because I love doing it,” he said during an interview with The Batavian. “I’ve been very, very happy here, I love Batavia. It’s a wonderful community to live in. I just decided Batavia was my home, all the people that I know are here, so I might just as well stay.”

Stay, perhaps, but stay put? Hardly. He’s too busy for that. Argulsky was a teacher for fifth and sixth graders at Jackson school for 40 years and has been active with Batavia Players since 1995 when the late Wanda Frank recruited him to perform.  He also moved into the role of keeper of the costumes, which comes across quite clearly when he spoke about the new theater space that’s in progress.

“I’ll be spending lots of time there in May and June when moving my temporary place into my new place, the costume room,” he said. “Everything will be done on computer. I will be able to keep track of my costumes. If you want something, I’m the only one who knows where it is.”

According to one of the nomination forms, Argulsky keeps rather immaculate care of the costumes, which …

When they began to loan them out to high schools in Genesee and Monroe counties for their shows, the precious commodities didn’t always make it back. With some reluctance, a decision was made to charge a $2 rental fee per costume, and there hasn’t been a problem since. It all had to do with “giving something for free” that doesn’t work as well, he said.

Argulsky has also become the familiar voice to introduce shows and promise audience members that they’re going to love it, he said tongue in cheek, and he’s been on the Players board since 1996.

A man of faith, Argulsky attends daily mass and had a prior calling to become a priest.

“I believed in and enjoyed my Catholic faith. It got me through many things,” he said.

It was either that or become a teacher, and he unregrettably chose the latter. His classroom style was to not ever shout or send a child to the principal. Or put any of them on the spot.

“I was going to be a happy teacher … I was never going to confront a child in front of the class,” he said. “I’m as busy now as I was when teaching.”

Argulsky is co-chairman of the Super Mammoth Sale, a role he has owned for the last four years. He works with longtime Mammoth volunteer John Bowen, and they raised $30,000 last year for St. Joseph’s School. Is he satisfied with that?

“This year, we’re hoping for a little bit more,” Argulsky said.

He puts in 25 hours a week throughout the year, carrying, moving, lifting, cleaning, pricing, cleaning, sorting and organizing items alongside Bowen and other volunteers that pitch in to help.

“I find that physically I’m very, very good,” Argulsky said, contrasting that with a less glowing report on the cognitive side, which is “expected with aging.” That was certainly hard to verify, given his spot-on recollections.

Ready for more from this octogenarian? He has helped with the bereavement program at Resurrection Parish since 2003, serving meals for loved ones of the deceased after a funeral, and counts the church money on Mondays. For six years before the Mammoth began on Saturdays this year, he volunteered at Genesee County Park’s Interpretive Center, welcoming people, giving tours and guiding them to their destination on a map.

We’re not done. For the past four years, Argulsky has served as cashier for Crossroads House summer sale and has driven close friends to medical appointments, writing down the doctor’s words and prescriptions to read back to the friend later.

When does he sleep? “I only have to have six hours of sleep a night, and I am fine,” he said.

Any of his extra time is devoted to reading — four books, mostly fiction, at any given time — plus walking and running.

“I am extremely thankful, God has provided me with a very, very happy life,” he said. “Everything seems so negative now, I try to compliment people and be happy all the time … count your blessings. I have values, and I live by my values, I don’t compromise that. I know my life is different than other people's. I go to mass every day; it’s to thank God for everything.”

Has there been anything left on the proverbial bucket list at this point? Listen up, Pat Burk.

“I’d like to play Morrie (in ‘Tuesdays With Morrie’) one more time with Batavia Players on their brand new stage,” Argulsky said.

He was nominated for this award based on his 36 years of investment into young people as a teacher at Jackson School, and his dedicated community service as a volunteer for many organizations throughout Genesee County, least of not including lead roles as King Lear and Uncle Vanya for Batavia Players’ productions, his input and guidance have been significant in the development of the new theater in Batavia City Centre, lending costumes to community residents to dress them in authentic period clothing for local special events, such as the City's Centennial Celebration a few years ago. "We all benefit from his knowledge and expertise," a nomination states. 

The Richmond Memorial Library has been a focus for Argulsky, according to nomination forms, as he is currently serving in his ninth year on the Board of Trustees. He has served as vice president and then for four years as president of the board. "Norm continues to shape the future of young people by serving as president on the Board of Directors at St. Joseph's Regional School. His hands-on leadership style includes co-chairing the Mammoth Sale, as a leading volunteer for the annual sales event that benefits Crossroads House, a member of the Genesee-Orleans Regional Arts Council (GO-Art!) and other similar organizations," it states.

He has contributed to St. Joseph Regional School in many ways. He has served on the school board since 2018, acting as president for the last five years. He has been instrumental in assisting and overseeing the yearly budget; establishing tuition rates; overseeing expenses and income; and working to assist school leaders in making a smooth transition from a parish school to a regional school. "His educational advice has always been appreciated and valued as we prepare documents to submit to the NYS Education Department to validate our excellent educational programming and the services we provide to our students on a daily basis. 

"Norm Argulsky is a fine man, professional and caring. He truly cares for our organization as one of many that he is involved in. He also loves the Genesee County community and continues to volunteer and give to this day. His activities at the Richmond Memorial Library and St. Joseph's School are parallel to none. He has a constant presence at both organizations, and I am certain that, like Batavia Players, they would not be the same or as successful without his active involvement. He is truly a treasure in our community," yet another nomination form stated. 

The 51st annual Chamber Awards event is on Saturday at Batavia Downs Gaming.

Norm Argulsky in some rare moments at home when not out volunteering in the community. Photos by Howard Owens.

Genesee County Legislature members this week recognized the importance of National Developmental Disabilities Awareness Month, which is observed throughout March as a nationwide event. Its purpose is to raise awareness about the inclusion of people with developmental disabilities and address the barriers that those with disabilities face. Inclusion is necessary, advocates say, since about 15 percent of the world’s population lives with a disability.

March has been recognized as Developmental Disabilities Awareness Month since 1987, when President Ronald Reagan issued a public proclamation urging Americans to provide individuals with developmental disabilities “the encouragement and opportunities they need to lead productive lives and to achieve their full potential.” 

Legislator Marianne Clattenburg presented a proclamation during the group's meeting Wednesday in recognition of the month to staff members of Arc GLOW, which serves four counties -- Genesee, Livingston, Orleans and Wyoming -- with programs and services for people with intellectual and developmental disabilities.

According to the Centers for Disease Control and Prevention (CDC), developmental disabilities are defined as impairments in physical, learning, language or behavior areas, and include:  

• Autism spectrum disorders
• Cerebral palsy
• Attention-deficit/hyperactivity disorder
• Learning or intellectual disabilities
• Hearing loss
• Vision impairment
• Other developmental delays 

Photo: Genesee County Legislator Marianne Clattenburg presents a proclamation for Developmental Disabilities Awareness Month to representatives of Arc GLOW during this week's Genesee County Legislature meeting. From left, Martin Miskell, Marianne Clattenburg, Cheryl Englert, and Lisa Bors. Photo by Steven Falitico.

Press Release:

On March 8, 2023, the LeRoy Wrestling Club won the Greater Rochester Youth Wrestling League Championship (GRYWL) for the second year in a row.  The LeRoy Knights avenged two regular season losses to keep the cup in LeRoy.  In a tough semi-final bout against HFL, the Knights came back from a deficit to win 33-32.  The Knights beat a tough Hilton team in the Championship bout 44-28 to maintain their champion status.

Submitted photos of Head Coaches John Lauricella and Troy Ireland and Assistant Coaches Cory Beardsley, Rob Stiles and Matt Wojtaszczyk, and Le Roy student athletes.

Press Release:

The Town of Bethany is changing its March monthly meeting from Monday, March 13 at 7 p.m. to Monday, March 20 at 7 p.m. due to unforeseen circumstance.

The Town of Bethany board meeting has been rescheduled from March 13 to March 20 at 7 p.m.

The change is "due to unforeseen circumstances," said Town Clerk Shauna P. Klump.

So you want to be a school board member and get a particular teacher fired. Or lower the tax rate. Or perhaps eliminate some boys sports.

You may want to attend a training to learn what being a school board member is all about and to know what you can actually do and not do while sitting through those board meetings, Patrick Burk says.

“Genesee Valley School Boards Association offers training so that people can understand what to expect,” Burk said Wednesday to The Batavian. “Last year we had six come to training. Only four ran. Some people thought being a board member meant handing out certificates to their kids. Some people have no interest in the negotiation side, other people come in with a single agenda. It’s their prerogative on where their interests are … your duties don’t stop with your interests.”

The next training session is at 7 p.m. on March 16 at Genesee Valley BOCES Service Center, 80 Munson St., Le Roy. There’s no charge, but registration is required.

As a former school board president and now executive director of the GV School Boards Association, which represents 22 school boards in Western New York, Burk has come to fully appreciate the role of a board member. His specific interests zeroed in on personnel, special education, inclusion and busing. But his service certainly didn’t stop there, he said.

There are state mandates, rules and regulations — Title IX being a big one involving equality in boys and girls sports — union contracts, and 12 hours of mandatory training, six hours each in June and July. Batavia City Schools recently encountered a potential Title IX issue when Girls Flag Football was proposed. The board approved it, making the number of sports for girls equal to boys.

“You have to deal with what the law states,” Burk said. “It’s not always comfortable.”

The training flyer states that: this program has been designed to answer all the questions that parents and residents may have about becoming a school board member. We will go through the process of the election and discuss expectations and outcomes once you are elected. If you have a basic interest, this is step one to learning what your commitment would be as well as what to expect from this much-needed community service position. Join us for an informal discussion and presentation that will enlighten you on what to expect and the important duty of serving our public educational system.

One training drew an interested mom who had attended three school board meetings and noted that certificates were handed out to students. That prompted her interest since she thought it would be nice with her own children, Burk said. However, that was such a minor aspect of serving on the board, and the training dispelled the notion, he said. She didn’t run for a seat.

“A lot of the things that board members have to know are required,” he said. “And in some areas, you have to pay for training.”

Fortunately, the GV School Boards Association does not charge for training, while elsewhere, it is mandatory, and board members must pay the fee. There is also training led by labor attorneys about how to react to employees during negotiations and how to respond to parents during a particular school issue.

“I found it very difficult; some board members wanted to call their own press conference when they did not get their own way,” Burk said.  “You have to support the board’s decision.”

That’s not to say that board members can’t have and express their own opinions prior to a vote, he said, but after a vote, the members are to then support that vote. Training also covers that protocol as well.

For this upcoming session, Burk and other presenters will talk about the expectations of a board member, including how to run for election — the need to collect signatures, for example — and a question-and-answer session.

“It is awe-inspiring for some,” he said. “It may be terrifying for others.”

For more information or to register, email pburk@gvboces.org.

File Photo of Patrick Burk when on the Batavia City Schools Board of Education, shown with student Dominic Darch, by Howard Owens.

Squirrels, a dead-end street across from an elementary school, and the four seasons.

Those have been some of the challenges being situated in a fairly remote — and animal-friendly — section of the city in Western New York for Phil and Steve Pies over the years, Steve says.

Yet despite that and the typical ups and downs of retail business, Max Pies Furniture has endured 118 years since its settling into that comfy spot at the end of Jackson Street in 1905. Founder Max Pies and family built not only a small business but also their home, and the place was handed down to now Steve, the fourth generation of the Pies family.

No wonder they have earned the Chamber of Commerce Business of the Year Award. And there’s no other place they would have continued the tradition that began for furniture and flooring sales.

“As far as this structure and this business from this location, it’s the same location. Obviously, they added on to the store since 1905. But the original location and their house were in the parking lot you pulled into,” Steve Pies said. “They went all over the board from Rochester to Buffalo, and I think even close to Syracuse at one point in the 80s. Rochester Linoleum bought out all of the flooring aspects. But the furniture, even though we do flooring here as well, the original furniture store Max Pies name started right here.”

And they both must have just naturally fallen right in line with the business, yes?

"Well, not really,” Phil said. “I went to college, then I was in the Air Force. And then my uncle was here at the time, and my dad.”

Phil was married with two children, Steve and Natalie, and living in Sacramento, Calif. at the time. After his Uncle Jake died, he ended up returning to Batavia and worked alongside his dad, Sam. Business must have been good for longevity: his grandfather worked until he died at 93, and the same for his father until he was 83. Phil has been the friendly face of Max Pies for the last 53 years.

It was a similar crooked path for Steve, who didn’t immediately return from college to join the family business. He went off to pursue a business degree at Plattsburgh State College, and something drew his attention to working on a cruise ship — he had visions of “Love Boat” — and went aboard to work as a Blackjack dealer and then worked around Nevada in casinos building a career as a card dealer.

He eventually returned and decided to help his dad, who turns 80 in May. They thought back to what has changed over the years, and certainly, costs have been a big one.

“Freight rates have changed, insurance, overhead,” Phil said. “And styles, we sold a lot of colonial, and now we sell a lot more modern styles.”

Steve added that retro comes and goes, but a shift that has added time, labor and unexpected expenses has been how furniture arrives now versus years ago.

“It used to be all assembled,” Steve said. “Now it’s called KD, for knockdown. It's, take them off the truck, unpack them out of the box, set them up with screws and a drill and dispose of the garbage. It's a lot more tedious.”

While costs have shot up on their end, the waste management business is booming. The Pies have a 40-yard roll-off Dumpster that costs $800, and sometimes it gets filled three times a month with styrofoam and boxes, Steve said. For the most part, they depend on sales reps for advice and guidance on what’s trending, what’s hot, and what to buy throughout the year, Steve said.

“My dad has a good relationship with a lot of our reps. The reps know what’s out there,” he said. “But we try to have a variety as well because, you know, you’ve got 20-year-old couples, and you’ve got 70-year-old people and you’ve got in between, and there's such a different dynamic.”

A walk through the downstairs showroom features a painter’s pallet of gray hues — from charcoal and slate to lighter silvers. Grays are definitely in right now, the father-son team agreed, and other hot items include power recliners, sleeper sofas and sectionals. They will cater to people’s tastes, but with a focus on this locale, Steve said.

For example, unlike more eclectic geographical areas such as New York City, this region has a mixed appetite that includes a lot of rural country.

“We have hunters, they want the classic. They want a camouflage recliner, they want a rocking chair, and a certain bedroom set that looks like a plank cabin look,” Steve said, adding that there was a camouflage recliner in stock that day just waiting for an avid hunter.

For the approximately $2.5 million of sales volume they accomplish, the staff is small, Steve said: seven people, including Jimmy, Peggy, Eddie, Reggie and Hunter, plus subcontractors. Hours have been reduced over the years, especially when COVID hit, from a crazy 9 to 9 schedule to 9 to 7 and then 9 to 5 work day, Steve said.

“The biggest challenge for a store like ours in a town like this in a state like this is we deliver furniture winter, spring, summer and fall. We've gone through roofs, we've gone through windows, we take off doors, we go up and down. We unload trucks in blizzards. And we have a building that has, you know, leaky roofs. We have squirrels … so I would say, having an old building and four seasons,” he said. “And I would also say that if you look at our location, you could arguably say this is the worst location on planet Earth for a retail furniture store, dead-end residential neighborhood across from an elementary school. That's my long-winded answer to the challenges.

“ (Turning to his dad) But you’ve been here 53 years. So yeah, there was a time where my dad said, the accountants used to say, ‘you made too much money this year, you got to do something with it.’ And there's been other times where we can't pay our bills,” Steve said. “So it's a very cyclical business in the notion of, you just gotta keep grinding and keep going. It is what it is. So there still are heydays, and there still are lows, and there still are in between.”

Given it is a “cyclical business” that definitely still experiences those good times of Batavia’s yesteryear, what’s the secret? Max Pies motto, Steve said, giving a nod to his dad.

“Where customers send their friends,” he said.

The nomination committee selected Max Pies, partly due to Steve’s “tremendous” contributions for bringing the business “into the 2000s” via online ordering and a website, excellent customer service and marketing the business in many unique ways.

Photo of Steve and Phil Pies at Max Pies Furniture store at 400 S. Jackson St., Batavia. Photo by Howard Owens.

Press release:

Assemblyman Steve Hawley (R, C -Batavia) rallied today with the Assembly and Senate Minority in the call for an increased allocation of funds for local roads and bridges as part of this year’s budget. Local roads and bridges are often in disrepair and require support from the state to help with maintenance and management, and Hawley believes the budget should allocate for it.

“I am imploring the legislature and the governor to include an additional $200 million for local road and bridge maintenance and an additional $70 million for Extreme Winter Recovery,” Hawley said. “With the governor's proposed budget of $228 billion, it would behoove the legislature and governor to assure the $270 million is made available for our local roads and bridges that our taxpayers travel every day.”