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Large campground project tests, teaches all involved

By Joanne Beck

A proposed campground in Pavilion not only meant a lot of questions, research, legwork, time and expense, but it also proved to be a major learning event for applicant Jesse Coots and the town planning board.

During this week's planning board meeting, Pavilion Town Supervisor Rob LaPoint thanked the board for performing due diligence on a project that contained “the greatest emotional hits of everything that was confusing and frustrating to come before a board.”

“You’ve been through it all at this point,” LaPoint said. “Anything else from here … will be much less intimidating.”

He assured the board he planned to do a forensic review of the entire process so that all involved can become more structurally and procedurally informed the next time around. 

“To be better as a town and functioning in a more efficient way,” he said. 

The project included a 110-acre parcel divided up into 27 acres for the Lokee-Hikee Campground on Perry Road. Coots had requested a special use permit for the project, which prompted many questions along the way, from locations of the main entrance and main driveway and whether there was an adequate water supply to expected traffic patterns and potential environmental impacts. He had expected a decision after a scheduled public hearing last year, but the planning board rendered that hearing null and void and asked that Coots complete another application. 

Navigating through the process has been trying for both Coots and planning board members. Planning Board Chairman Bill Fuest thanked the members of his planning board for seeing this project through to a final approval, and for the ample “input from all parties” involved. 

After the year-long process of nailing down necessary details and code requirements, applicant Coots was thankful to receive a thumbs up Wednesday. 

“This has been a long and expensive road and, sadly, a contested road that cost us our life savings. It’s gone now, but we’re moving forward. We are so excited to know our future. Our girls are happy and our future is now,” Coots said Thursday morning. “We look forward to all of the process from here out. We understand it will be hard work and long hours but we oddly look forward to doing it all together with ourselves and our community. It’s a really exciting movement forward for us and our small community.”

Coots’ efforts hadn’t gone unnoticed in his community. During a public hearing in January, a large portion of a packed town hall was a group of his supporters. Once word of the approval went online, his phone “blew up with phone calls and messages,” he said. He was overwhelmed with the 38 voicemail and 107 text messages sent to him with congratulations of a hard-won battle with neighbors contesting the project and to meet planning board requirements. 

“We’ve spent the last year of our lives trying to bring a nice thing to our community and, unfortunately, have been greeted with heartache,” Coots said. “Therefore, we had to fall back on law. We give huge props to the “county zoning” for making sure code is followed by town boards.”

He also handed out “props” for the community and its ongoing support, the town board and planning board members who “walked the line of what’s right.” He and his family are excited to move forward with the physical and financial work of the campground, while leaving the “subjective and opinionated work” behind them, he said. 

“This is the best I’ve felt in 12 months,” he said. “Really excited to move forward and do good things.”

Allegany State Park serves up a more cost-friendly trip for Batavia students

By Joanne Beck

With some $6,000 less money raised due to pandemic challenges, the 2022 senior class had to take their dream trips down a notch.

After slightly more lavish possibilities of visiting Boston or Cleveland, the class has put forth two options that better meet budget constraints, Batavia High School special education teacher Lorraine Gammack says.

“We don’t have a lot of money because of COVID,” Gammack said during this week’s school board meeting. “In a class budget, a senior class typically has $10,000 at this point. We’re just $50 shy of $4,000; that’s a big deficit.”

Class President Mackenzie Lavrey reviewed the two choices made by class vote after floating the suggested ideas for a trip to Boston ($700 a person) or Cleveland (just over $600 each). Both of those trips were deemed too expensive, Gammack said. She in turn thought that a three-day visit to Allegany State Park was a great one, given that she has taken students there before. 

Due to the vast expanse of property, Gammack wanted to have a bus that could take some kids to destination spots, such as Quaker Lake, once they were at the park, but that wasn’t feasible with the current budget, she said. 

Despite the shortage of funds — or perhaps because of them — a Connect Kids to Parks grant program could potentially pay for nearly everything, she said. The grant would cover everything from a Dumpster service to laser tag activity. The trip is tentatively slated for June 15, 16, and 17 at a park facility with two dormitory complexes, a classroom, picnic pavilion, and activities of swimming, fishing, kayaking, canoeing, and laser tag. 

The trip cost is “super affordable,” she said, at “$100 per student.”  The grant is in progress, she said. There would be one chaperone for every eight students and meals will be on a creative budget, such as the beach party dinner one evening with district personnel doing some of the cooking. 

One caveat so far is that the facilities have a limit of 34 boys and 33 girls for the class of 164 students, with 38 girls and 10 boys being signed up so far, she said.

Dormitories are large and could accommodate both boys and girls in one building if necessary. 

“The dorms have an east and a west end,” she said. “We could make it work.”

The board gave preliminary approval for the trip, and a second one-day excursion to Conesus Lake, tentatively set for June 6. 

Other approvals included:

  • A 2020 capital project to expand outdoor amenities at Jackson Primary School by knocking down 245 Liberty St., a former bakery donated to the district in 2017. The plan is to create additional parking and green spaces, and a pedestrian walkway adjacent to Jackson Primary School.
  • A resolution that supports the state Senate bill S7600 regarding cyberbullying. This amended bill establishes that “any person who knowingly engages in a repeated course of cyberbullying of a minor is guilty of an unclassified misdemeanor punishable by a fine of not more than one thousand dollars, or by a period of imprisonment not to exceed one year, or both.” (See related article, "City schools trustees back proposed cyberbullying law.")
  • The purchase of portable two-way radios as part of public safety communications in school buildings. The price to buy the radios from Saia Communications Inc. is $41,277.22.
  • A proposed baseball trip to Florida. (See related article, "Spring baseball trip a go for Batavia City Schools’ athletes.")
  • A revised emergency roof repair plan from Campus Construction Management and the proposed bid from Spring Sheet Metal and Roofing, LLC for Batavia High School.

Top photo: From Allegany State Park website

Tonawanda Creek: Nine-feet high and about to crest

By Howard B. Owens
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The National Weather Service is forecasting that by late tomorrow afternoon, the Tonawanda Creek could crest at 10 feet.

Measurements are taken behind the County Courthouse.

Currently, Law Street is closed with minor flooding near Walnut Street in the City of Batavia. Stegman Road in Pembroke is also closed.

Kibbee Park is flooded to the brim.  There is minor flooding on South Jackson.

Send your flood photos from anywhere in Genesee County to: howard@thebatavian.com

CORRECTION: This story previously used measurements and forecasts for the wrong stream gauge on the Tonawanda.  It's been corrected to reflect the correct stream gauge.

Kibbe Park

Law Street near Walnut.

Behind the County Courthouse

South Jackson.

City Schools trustees back proposed cyberbullying law

By Press Release

Press release:

On Thursday, February 17, 2022, the Batavia City School District Board of Education voted unanimously on a resolution endorsing New York State Senate Bill S7600 and Senate Bill S1477A, which serve as amendments to provisions of the State Education and Penal Laws to address an increase in harassment made through the use of electronic communications. 

The State Senate has introduced Senate Bill S7600, sponsored by Senator Edward A. Rath III, amending the State Education Law to include a provision that a person who engages in a repeated course of cyber-bullying of a minor shall be guilty of an unclassified misdemeanor, and Senate Bill S1477A, amending the State Penal Law to include contacts via text, private message, direct message, or email or other electronic communication in the definition of the offense of aggravated harassment in the second degree. S7600 is currently under review by the State Senate Education Committee, and S1477A has passed the State Senate and is awaiting passage by the State Assembly. 

The Batavia City School District's Code of Conduct expressly prohibits all forms of bullying and harassment, including cyberbullying. With the approval of the resolution, "the Board of Education hereby affirms its commitment to foster a safe and inclusive learning environment for its students free from all forms of bullying, including cyber-bullying, and supports the efforts of the State Senate to adopt legislation which is consistent with that commitment. This resolution shall take effect immediately." 

"It was important for the Board of Education to show our support for Senator Rath's cyberbullying bill. It is our top priority to ensure students in our district remain safe, healthy, and free from bullying of any kind–and the endorsement of this bill affirms that," said Alice Ann Benedict, BOE President.

"We were happy to work with Senator Rath on endorsing this important and timely initiative. We look forward to the bill passing for the safety of the students throughout New York State," said BCSD Superintendent Jason Smith.

"It is no secret that our children are facing many challenges these days. Unfortunately, with the rise in internet use comes the danger of cyberbullying. Cyberbullying incidents are on the rise, and we must do something to protect our children. That is why I have introduced legislation to make cyberbullying a misdemeanor. Teaching our children that their actions on the internet carry consequences is critical," said Senator Rath.

Law and Order: New Jersey man accused of driving stolen vehicle in Pembroke

By Howard B. Owens

Richard N. Ervin, 34, of Clinton Street, Newark, N.J., is charged with grand larceny, criminal possession of stolen property, and aggravated unlicensed operation 3rd. Ervin is accused of being in possession of a stolen vehicle at 9:56 p.m., Feb. 15, on Alleghany Road, Pembroke. Ervin was arrested by Deputy Jeremiah Gechell.

Vivon Larue Wenner, II, 57, of East Oak Orchard, Medina, is charged with felony driving while ability impaired by drugs, felony DWI, driving left of the pavement markings, and following too closely.  Wenner was arrested following an investigation into a traffic stop at 6:55 a.m., Nov. 4, on Lewiston Raod, Oakfield, by Deputy Jordan Alejandro. Wenner was released on an appearance ticket.

Collin Robert Grimes, 22, of Oakridge Drive, Irondequoit, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires, moving from lane unsafely, and speed not reasonable and prudent. Grimes was stopped at 5 a.m., Feb. 13, on Mullen Road, Stafford, by Deputy Morgan Ewert.

Eric David Murphy, 43, residence no specified, is charged with DWI, driving with a BAC of .08 or greater, an uninspected motor vehicle. Murphy was stopped at 2:24, Feb. 13, at a location in Le Roy, by Officer Jordon Wolcott.

Shawn Michael Twardowski, 39, of Lake Street, Le Roy, is charged with petit larceny.  Twardowski is accused of stealing two alcoholic beverages from Sav-A-Lot in Le Roy at 9:47 a.m., Feb. 16. He was released on an appearance ticket.

Joseph Conklin, 41, of North Avenue, is charged with criminal contempt 2nd.  Conklin was located by Le Roy patrol officers Curtis Miller and Stephen Cappotelli in the basement of a residence on North Street, Le Roy, at 3:17 p.m., Feb. 11, in violation of a court order. He was released on an appearance ticket.

Thomas R. Collins, 51, of Sunnyside Lane, North Chili, is charged with DWI, driving with a BAC of .08 or greater, resisting arrest, failure to obey traffic device, and obstruction of governmental administration. Collins was stopped at 8:48 p.m., Feb. 8, on West Main Street, Le Roy, by Officer John Ceneviva.  He was released on traffic tickets.

Coby L. Sanders, 43, of Church Street, Le Roy, is charged with criminal contempt 2nd and endangering the welfare of a child. Sanders is accused of acting in a manner injuries to the mental health of someone under 17 years old during a disturbance reported on Church Street at 12:45 p.m., Feb. 13. He was released on an appearance ticket.

Kenneth R. Scott, 59, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, driving with a BAC of .18 or greater, and unsafe movement of a stopped vehicle. Scott was stopped at 11:30 p.m., Feb. 12, on Main Street, Le Roy, by Officer John Ceneviva. He was issued traffic tickets and released.

Hawley applauds Hochul decision to back off allowing extra dwelling unit on private residential property

By Howard B. Owens

Press release:

From the time she presented her budget proposals, Gov. Hochul has faced stern criticism regarding her initiative to mandate one accessory-dwelling unit (ADU) per residential lot. It was a policy that superseded local authority and unfairly put additional burdens on the residents who integrated into a community.  Thankfully the governor rescinded her initiative, and our suburban and rural communities are now protected.  I’m grateful that Gov. Hochul listened to the constituents of suburban and rural communities and glad for those citizens who will no longer have to worry about the character of their neighborhood radically changing.

Local emerging artists featured in newest GO Art! shows at Seymour Place

By Howard B. Owens

It was a busy night at Seymour Place, 201 East Main St., Batavia, on Thursday night with GO Art! hosting two art show openings and a Celebrity Bartender Challenge.

In the challenge, Lauren Humphrey and Mandy Humphrey faced off in a tip-fund raiser for the arts council.

Artists Adrian Morris and Rita Mallison opened, for each of them, their first solo exhibitions.

Morris, above, is originally from Ireland. He married a gal from Stafford (they're now divorced) and moved to Genesee County about a decade ago.  He said he's been painting and drawing all of his life and enjoys his membership with GO Art because being part of the local community of artists is like being with a family (his family is all in Ireland, and he may return there at some point, he said, because his mother is getting older).

"I love the supportive nature," Morris said. "It gets me out of the house and I meet a lot of other artists and we socialize and network here."

He has given art demos at Seymour Place, most recently a pallette knife demonstration in which he produced an Irish landscape painting.

He specializes in landscapes and portraits and said he's done numerous portraits on commission for local residents and is available for more portrait commission work.

There is another Celebrity Bartender Challenge at GO Art! tonight featuring Rebekah Ireland vs. Ryan Duffy starting at 6 p.m.

Rita Mallison, a long-time Batavia resident, started painting just a few years ago.  She specializes in portraits of nuns, priests, saints, and religious heroes.  She took up the subject after her conversion to Catholicism but said she has long been fascinated by nuns and wanted to be a nun when she was a little girl.  She said she could never afford to buy paintings sho she keeps the prices of her paintings low.

In the main gallery is a show of work by William Mathews, which opened previously.

United Memorial Medical Center pain management nurse practitioner advocates for non-opioid alternatives

By Mike Pettinella

Opioids for pain management are no longer the standard care for chronic pain, according to a board-certified family nurse practitioner at the United Memorial Medical Center Pain Management Center in Batavia.

“We do not avoid prescription medications, but we work to avoid the management of opioids, which can decrease the perception of pain and not the cause of it,” said Rebecca Russo, responding to questions about non-opioid alternatives for the GOW Opioid Task Force.

Russo, (photo at right), an employee at the UMMC pain clinic since August 2020, said as a pain management nurse practitioner, she recommends minimally invasive fluoroscopic procedures for diagnosis and treatment of pain.

“We work with the patient’s primary care physician and other health care professionals to ensure the best possible outcomes for these patients,” she said. “We also like to be as conservative as possible (by utilizing) non-invasive measures such as physical therapy, aqua therapy, chiropractic and massage treatments, and acupuncture.”

When it comes to opioids, Russo is well aware of the long-term effects – including addiction – that can result from prolonged use of these drugs.

“There are so many more alternatives a pain management specialist treating chronic pain that can offer the most benefit for these patients,” she said. “A multimodal approach to management is best in treating chronic pain. Opioids are not used for chronic non-malignant pain anymore as studies have shown.”

Russo said she switched to the pain management field when a colleague recommended her for a pain management and neurology position.

“I have to say I wouldn’t have had a better fit in my career. This specialty is fascinating and bountiful in ways to help patients, which I lay my foundation on,” the Michigan native said. “I have been working in pain management since I graduated with my Master of Science in Nursing four years ago.”

Prior to joining the program at UMMC, she was a registered nurse for six years, working on various units, including intermediate care, medical/surgical, observation and progressive care.

She said the local pain clinic treats a wide range of chronic and acute pain conditions, such as neck pain, cancer pain, myofascial pain, joint pain, back pain, phantom limb pain, bursitis, sciatica, post herpetic neuralgia pain, complex regional pain syndrome, peripheral neuropathy and failed back surgery syndrome.

“Some of the micro-invasive procedures that can be performed at the UMMC Pain Center include nerve blocks in various areas as well as radiofrequency ablations; lumbar, thoracic and cervical epidural steroid injections; trigger point injections; and spinal cord stimulator implantation,” she said.

The practice is growing coming out of the COVID-19 pandemic, she reported, with more and more in-person visits being scheduled.

“At this time, we strive to keep our visits in-person, but we can accommodate telemedicine visits when a patient is unable to be seen in-person. This may be for various reasons such as being ill, inability to drive or last minute patient schedule changes,” she explained.

Russo sees the pain clinic as a viable alternative for people dealing with chronic pain, adding that the patient is considered “an important team member.”

“Interventional management is beneficial for patients when their pain continues even after attempting conservative treatments or do not have a diagnosis for their pain,” she said. “A proper diagnosis is the first step to successful treatment.

“Another benefit for these patients is that they want to avoid surgery if possible or if they’ve had surgery, but still experiencing pain, we can provide them alternatives to another surgery unless otherwise indicated.”

The UMMC Pain Center is located at 229 Summit St., Suite 4. For more information, call 585-815-6710.

Disclosure: Mike Pettinella is the publicist for GCASA.

Consultant provides numbers, reasons and optimism for shifting enrollment at Batavia City Schools

By Joanne Beck

Housing shortages, homeschooling, COVID-19 and private institutions all play a part in enrollment projections for Batavia City School District, Paul Seversky says. 

An overall decline of nearly 5 percent from 2016 to now isn’t all bad, the SES Study Team consultant said during Thursday’s school board meeting.

“There’s some good news for how that 4.9 percent comes about,” he said. “Grades seven to 12 has had a minor decrease compared to K to six. That’s not good news because they’ll become your seven to 12 kids. Your real good news is your K to one enrollment. Your youngest students increased over the past four years.”

After analyzing school enrollment and grade size, number of births, local demographics, real estate trends and potential growth factors such as new business, Seversky reviewed the ups and downs of future projections. 

Batavia’s district had 75 children being homeschooled in 2020, up nearly 30 students from 2019. He found the silver lining in that with a drop to 52 kids in 2021. 

“What does that say? It says well, COVID was the factor why you had that jump likely in 2020. More households had their children attending school in 2021,” he said. 

A conclusion wasn’t so clear with the increase of students leaving the district for a private school, he said. In 2020 there were 137 departures to private school in grades nine through 12, versus 174 in 2021.

“That’s something you may want to look at,” he said. “You may want to have a communication strategy with current non-public families.”

One out of 10 students, or 10 percent, leave the district within the school year, he said, which is a challenge for teachers and district teams. The district is responsible for every student — those that move into and out of the district — and each one’s education, he said. 

“How can we mitigate that kind of change?” he said. “Those early years are critical for children. You may want to look at why they move during the school year.”

All totaled, the data “tells a bitter tale,” he said. He referred to a New York Times article stating that between 2019 and 2020, there was a “7.5 percent decrease” of births nationally, though Genesee County’s numbers have remained stable, he said. 

“What’s happened in the past six years, you’ve had small, small, but still growth, in live births,” he said. “Taking Genesee County in whole, this is outstanding news. Families are having kids in Batavia.”

What that potentially means is more future students entering the city school district, he said. After talking to real estate agent Lynn Bezon he realized that the local housing market has been steady, leaving few — a total of eight — homes up for sale in Batavia. If “empty nesters” were to downsize, their larger homes could be put on the market for growing families, he said. 

Offering conservative to optimistic predictions, he said it was possible to gain some 20 students in grades kindergarten through one over the next five years. Given the overall decline in the state, “that’s actually pretty good,” he said, despite a small class in each of grades nine through 12 during the next 10 years. 

“My goal is to help you use this as a tool to help your planning,” he said.

The SES Study Team focuses its work on “customized studies that deal with identifying opportunities to provide quality educational programs more effectively and in a cost-effective manner,” according to the company website. Seversky’s contract with Batavia is through June. 
 

Top photo: Paul Seversky of SES Study Team. 

Flooding disrupts power, heat for The Grand Rehab in Batavia

By Howard B. Owens

Residents of The Grand Rehabilitation and Nursing at Batavia, 257 State Street, are without heat and power tonight due to water infiltration into the basement of the facility.

Interim Chief Dan Herberger said crews have yet to determine the source of the water but it's possible that it is more than weather-related flooding.

"The fact that there is chlorine (in the water) tells us it may be city water, drinking water," Herberger said.

At about 11 p.m., a DPW crew shut off water to the facility.  That will help emergency responders determine whether the source of the water with chlorine is from a break in a line going into the facility or from a nearby water main.

"We're trying to rule out a water main break somewhere," Herberger said.

Firefighters from both the City of Batavia and Town of Batavia are on the scene running pumps in the basement to try and get ahead of the ongoing infiltration. 

Herberger said the water got into electrical chase ways and the heating system.  He said it will take an electrical inspection and HVAC contractors to determine when it is safe to turn on those systems again.

State Health Department officials are on scene to assist the facility in implementing its emergency response plan.

Herberger said for now the residents are warm.

"We're hoping not to evacuate," Herberger said. "That's the last resort."

UPDATE 1:33 a.m.: National Fuel requested back to the scene to turn the gas back on and get the heat back on.

BND United bows out of Section V hockey tournament with 5-0 loss to Victor, ends first season at 12-7-3

By Mike Pettinella

Batavia Notre Dame United’s season came to an end tonight at the hands of perennial hockey powerhouse Victor, 5-0, in the Section V tournament Class A quarterfinals at the Rochester Ice Center in Fairport.

The team – in its first year of the merger of the Batavia High and Notre Dame programs – finishes with a record of 12 wins, seven losses and three ties.

As the clock wound down in the third period, Head Coach Marc Staley said he could only think of seven senior class members of the club who provided the leadership needed to forge such a successful inaugural campaign.

“Right now, we’re just thinking about the seniors; we’re thinking about how far up the mountain we climbed because it’s a lot further than I think people thought we were going to go,” Staley said. “And, tonight we may have just lost to the state champions – on their home ice.”

Victor, now 16-2-2, got goals from five different players – scoring once in the first period, three times in the second period and once in the third period. A deep and talented squad, it limited United to 18 shots and put constant pressure on BND goaltender Frank Falleti Jr., putting 38 shots on net.

“They’re one of the best teams in the state,” Staley said. “So, that’s the level you have to get to; you can’t make mistakes.”

Staley was talking about a turnover along the boards behind Falleti that turned into the game’s first goal at the 10:02 mark.

Senior forward Jon Chapman stole the puck and quickly passed it out front where senior forward Braydon Risenberger, streaking down the middle of the ice, flicked a one-timer past Falleti.

Less than a minute later, United’s Cooper Hamilton had a great scoring chance but missed the open side of the net. Falleti came up with a sparkling save with 3:46 left to keep it at 1-0.

Victor thought it had a second goal in the opening period with 1:42 remaining, but the goal judge ruled “no goal” as Falleti fell onto the puck as it rolled across the goal line.

BND’s freshman forward Brady Johnson, alone in front of Victor's sophomore goalie Max Pitts, was unable to get off a good shot in the first minute of the second period, and less than a minute later, Victor went up 2-0 when sophomore defenseman Michael Peluso’s long flip shot toward the BND goal deflected off Falleti’s pad and into the net.

The Blue Devils capitalized on a roughing penalty on BND as sophomore forward Tanner Radogna batted a shot in mid-air from Asher Erwin past Falleti. Chapman scored an unassisted goal with 6:12 left to make it 4-0. Victor outshot United 16-4 in the period.

United had a few decent scoring opportunities in the third period but Pitts was equal to the task – thwarting seniors Vin DiRisio and Gavin Schrader. Victor senior forward Colin McNamara closed out the scoring with a power play goal with just 2:29 left on the clock.

After defeating Victor, 4-2, on Jan. 27 in Batavia, United was unable to find the back of the net in the teams’ next two meetings, losing 9-0 on Feb. 3 and getting shutout tonight.

Staley said he could sense the disappointment on the bench when the team got down by three and four goals, knowing that Victor gave up as many as four goals in a game just twice this season.

“You could feel it on the bench when they got up by four goals but we never stopped, we never quit. I thought we played a great third period. I'm proud of the way that the kids handled themselves in terms of playing with class right to the end,” he said.

Victor Head Coach Mike Ferreri, who guided the Blue Devils to the state title in 2018 and were on their way to the state Final Four in 2020 before COVID-19 hit, credited the BND coaches for their efforts.

“I think Marc and (Assistant Coach) John (Kirkwood) did a phenomenal job of trying to merge schools,” he said. “We’ve got a handful a merged schools in our section right now and it’s very challenging. I can't imagine how they do it because the culture that we preach – supporting one another and putting the team ahead of your individual goals – would be even harder to do with kids from multiple schools.”

Staley acknowledged that he will be thinking about next season in a day or two but tonight was saddened about losing “a great senior class” – Schrader, DiRisio, Zack Eschberger, Parker Corbelli, Andrew Kasmarek, Thomas Reardon and goalie Courtney Schum.

He said the journey that all of the coaches and players took together this year was special.

“So many stories to be told about practices; what happened in the locker room and great moments of guys supporting one another and being selfless,” he said. “To me as a coach, that's what it's about. Did we make 21 kids better hockey players, probably. But I feel really confident that we made 21 kids better people. And right now, that's what I reflect on.”

Still, he couldn’t help but to speak about the future.

“We certainly have a very positive jayvee team this year. The coaches did a great job developing those kids and a number of those kids are going to be ready to step right in with us next year,” he said. “That was the goal -- to create this type of development model and it was extremely rewarding. It's something personally that I've been privately dreaming about for over a decade and now we’re seeing this unity not only in the hockey locker room, but within the community too.”

Staley said the United club will be involved in raising the bar for youth hockey at the David M. McCarthy Memorial Ice Arena in Batavia.

“We want to help the youth hockey program grow,” he said. “We have a responsibility to help fix up the rink in Batavia a bit and put hockey on a better path long term – and this was a heck of a start.”

Photo at top: United's Vin DiRisio fires one past Victor goalie Max Pitts but just wide of the net.

Pitts grabs the puck as BND's Jameson Motyka applies the pressure.

United's Brady Johnson reaches to control the puck as he battles with Victor's Tanner Rodogna.

United goalie Frank Falleti Jr. dives on the puck with help from DiRisio after a shot by Victor's Simon Kowal.

BND's Ronin Hofmaster looks to skate past Victor's Asher Erwin.

United's Cooper Hamilton and Victor's Christian Kurz meet at the puck in front of goalie Pitts.

To view or purchase photos, click here.

Photos by Steve Ognibene

Notre Dame puts another win on Mike Rapone's record-setting legacy in coach's final regular-season game

By Howard B. Owens
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It was Mike Rapone's night at Notre Dame and in front of a capacity crowd there to honor the legendary coach, the Fighting Irish emphasized the point with a win over archrival Elba 63-52.

Rapone said he wanted the focus to be where it should be, where it's always been, on the kids, but also admitted it was an emotional night for him.

"It really didn't hit me until tonight," Rapone said. "I've been talking, you know, this is my last year. It hit me tonight. It was pretty emotional."

Rapone coached at Notre Dame for 42 seasons amassing 709 wins (a Section V record), 32 Genesee Region championships, nine Section V championships, and two state championships.

On Wednesday, Jordan Welker led the scoring with 15 points. Ryan Fitzpatrick and Aiden Sisson scored 14 points each and Cody Henry scored 13.

For Elba, Zach Marsciell scored 23 points, hitting four three-pointers along the way.  Conner Scott scored 15 points.

Herberger decides against taking permanent City of Batavia fire chief position

By Mike Pettinella

About seven months after stepping in as the City of Batavia interim fire chief, Dan Herberger apparently has decided that he doesn’t want the job on a permanent basis.

In a letter dated today to fire department personnel, Herberger informed his colleagues that he has declined the position, calling it “an extremely difficult decision for me to make that was based on two very basic reasons that I could not get past.”

He wrote that those two reasons were that the timing wasn’t right for his family and him and “his overall love I have for the job and the desire to be a fireman working on a fire truck.”

Herberger was named interim chief in July 2021 when Stefano Napolitano resigned as fire chief to take the deputy state fire administrator on the State University of Albany campus.

Continuing with the letter, Herberger mentioned that he enjoyed being the fire chief and was thankful for the support he received from city management, department heads and those that he supervised.

“As a department, we are very fortunate to have the relationships we do with our partners in other city departments as well as our partners in the county Emergency Management, area fire departments and local emergency services agencies,” he wrote. “It is an absolute joy to have worked with everyone in this capacity … making this decision that much more difficult.”

He wrote that he plans to stay on as the interim chief until a replacement is found.

“It is the hope of the city manager (Rachael Tabelski) that my replacement will be from within this department and over the next several weeks/months, we will work to find the right replacement,” he wrote.

Herberger, a captain prior to the interim appointment, has worked for the fire department since 2002, starting as a paramedic. He was promoted to firefighter in 2005, lieutenant in 2012 and captain in 2013.  Previously, he served in the interim chief role for 16 months prior to the hiring of Napolitano in April 2017.

Responding to an email from The Batavian, Tabelski issued the following statement:

"Dan Herberger is a great Captain and a great Fire Chief.  I respect his decision to decline the offer of the position of Fire Chief at this time, and am grateful that he will remain in the department working for the City of Batavia.  He is a valuable member of our team.

Herberger will continue to serve as Interim Fire Chief until a new Chief is hired.  I am soliciting internal candidates, and hope the position can be filled from within the department." 

File photo: City Police Chief Shawn Heubusch, left, and Interim Fire Chief Dan Herberger. Photo by Jim Burns.

Previously: Napolitano shows humility as he bids farewell to the city; Dan Herberger to assume role as interim fire chief

Hockey association announces 'Try Hockey for Free' event on March 5

By Press Release

Press Release:

The Genesee Amateur Hockey Association invites children to the Batavia Ice Rink (aka The David McCarthy Memorial Ice Arena) on Evans Street on Saturday, March 5th for a Try Hockey For Free clinic as part of  USA Hockey  Week  Across  America.  Starting at 11:50 a.m. to 12:50 p.m. local youth, ages 4 to 9, are encouraged to experience ice hockey for the first time and learn the basic skills in a fun, safe environment.

"We look forward to welcoming families to Batavia Ice Rink to try our great sport of ice hockey,” said Sharon Gray, coordinator of the “Try Hockey for Free” event.  “Our goal is for these families to enjoy watching their kids learn new skills with big smiles on their faces.”

USA Hockey’s Try Hockey program, with the support of the National Hockey League and NHL member clubs, among others, is designed to provide youth hockey associations with a national platform for introducing children to the sport, free of charge. 

All your youngster needs is a helmet (bike or sports) and winter gloves.  Skates are available at the Rink and will be available Free of Charge through the Firland Rink Management Group. The GAHA organization does have a few hockey sticks available (but must be returned at the end of the clinic).

Players in attendance will be given a free USA Hockey jersey to take home.

To register for this Try Hockey For Free event, please visit (PLEASE NOTE – EVENT IS LIMITED TO 40 PARTICIPANTS)

www.TryHockeyForFree.com

Photo: File photo from 2016 by Howard Owens.

County announces $1 million recovery fund for local businesses impacted by pandemic

By Press Release

Press release:

Genesee County Legislature Chair Rochelle Stein announced today that Genesee County is launching a $1 million Community Development Block Grant to help businesses impacted by the pandemic.

Through the Genesee CARES Business Recovery Fund, businesses that were negatively impacted by COVID-19 will be eligible to receive a grant of up to $75,000 to aid the recovery of their businesses.  Eligible applicants are for-profit businesses within Genesee County with 25 or fewer employees.

“Despite so many of our businesses being dramatically impacted by the pandemic they have demonstrated perseverance and determination to keep their doors open and we are proud of them,” said Chair Stein.  “That is why we are so excited that our application for CDBG funding was approved as it will be a big shot in the arm to our business community as we continue our economic turnaround.”

There are four general categories of eligibility, including:

  • Employment restoration/job hiring incentive: Businesses will be eligible to receive a grant totaling $20,000 toward expected annual wages for up to 3 new hires to a maximum of $60,000.
  • Outdoor dining development grants of up to $50,000 to enhance outdoor dining (e.g. furniture, fixtures, equipment, and working capital expenses related to expanding, installing, or improving outdoor dining and gathering spaces.) Construction or renovation costs are not eligible.
  • A maximum of $50,000 of grant funds to be used to assist with working capital expenses for businesses that can demonstrate the impact of COVID has put a strain on their cash flow.
  • Business resiliency grants of up to $25,000 to support small business efforts to respond to the pandemic for projects such as developing safety and resiliency plans, purchasing PPE, installing touchless point-of-sale systems, and other improvements.

Businesses can apply across multiple grant categories for up to $75,000 per business. Job creation, retention, and restoration goals are tied to all categories.

“Throughout the pandemic, Genesee County and local economic development partners, such as the Genesee County Economic Development Center (GCEDC), formed an Economic Recovery Task Force, which met monthly to discuss the impacts of the pandemic and strategize efforts to assist with reopening and business recovery,” said Genesee County Manager Matt Landers. “Based on the extensive feedback from businesses across the county, we determined that pursuing this funding opportunity would provide the type of financial assistance they are seeking.”

“Small businesses are the backbone of our regional economy and the process for reviewing applications is similar to our micro-enterprise small business loan program so it will be a seamless process,” said GCEDC President and CEO Steve Hyde.

Businesses are encouraged to visit www.GeneseeCARES.com to review eligibility and requirements for the grant. A fillable application is available for download at the website.

Proposed local law would open door for county's participation in clean energy loan program

By Mike Pettinella

Genesee County Attorney James Wujcik on Wednesday introduced a resolution to establish a local law necessary for the municipality to take part in the New York State Energy Research & Development’s Clean Energy Communities Program.

Wujcik, speaking at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, said passage of Local Law Introductory No. A, Year 2022, is a prerequisite to participation in what is called the Energize NY Open C-PACE Financing Program in conjunction with the Energy Improvement Corporation.

“For individuals to apply and receive funding, they have to rely on a Local Law being in place,” Wujcik said. “It’s a gateway for the program to go into effect for our citizens.”

According to the NYSERDA Clean Energy Communities website, local governments in New York can use the program to implement clean energy actions, save energy costs, create jobs, and improve the environment. In addition to providing tools, resources, and technical assistance, the program recognizes and rewards leadership for the completion of clean energy projects.

“It will help the county’s overall score when it comes to green energy initiatives,” Wujcik added.

Legislature Chair Rochelle Stein said county residents will be able to invest in energy enhancements on their properties or for their businesses through the loan program under terms set by NYSERDA. She said the idea was forwarded to the legislature by officials at the Genesee/Finger Lakes Regional Planning Council.

The Ways & Means Committee approved the resolution and another setting a public hearing on the local law for 5:30 p.m. March 9 at the Old County Courthouse. If passed by the full legislature, it would take effect upon filing with the New York Secretary of State.

For more information on the program, go to Clean Energy Communities - NYSERDA.

In other action, the committee:

  • Approved a contract for $7,000 with the Benjamin Center at SUNY New Paltz to calculate the weighted vote for each district within Genesee County in light of the need for the legislature to conduct a reapportionment update following the recent Federal Census.

The resolution indicated that Genesee County is unable to perform this task in-house due to the technical nature of it, and reached out to three companies for assistance. The Benjamin Center came in with the lowest quote.

The legislature’s weighted voting system is used to ensure that residents of the various towns are properly represented, based on population.

  • Approved a five-year contract with Drescher & Malecki LLP of Cheektowaga for independent auditing services after learning that Freed Maxick, based in Batavia, did not want to renew its contract that expired in 2021.

County Treasurer Scott German recommended going with the Cheektowaga firm, noting that it audits the books for 22 other New York counties. The $41,985 cost for 2022 is a $10,985 increase from the 2021 expense.

The remaining years of the contract are set at $42,825, 2023; $43,681, 2024; $44,555, 2025, and $45,446, 2026.

Minor flooding expected for Tonawanda Creek

By Howard B. Owens

Heavy rains are expected to hit Genesee County this afternoon and the rain along with snowmelt could cause minor flooding in the Tonawanda Creek, according to the National Weather Service

There is a flood warning in effect.

Water flows in creeks and rivers are likely to increase quickly and reach critical levels, according to the weather service.

There is also a winter weather advisory in effect from 7 p.m. to 9 a.m.  The forecast is for mixed precipitation and snow as temperatures fall tonight.  The snow accumulation could be from 2 to 4 inches along with ice accumulation. Winds could gust as high as 45 mph.  The weather service warns travel may be difficult.

UPDATE via Accuweather:

The weather will change in dramatic fashion with a rapid freeze-up anticipated across portions of Midwest and interior Northeast due to a multifaceted storm that will continue to push across the country from Thursday night into Friday, AccuWeather meteorologists warn.

Temperatures have already plummeted from springlike levels on Wednesday into the 20s across parts of the central United States as a snowstorm created slippery travel conditions.

"We are turning the clock back to January in the central United States on Thursday and Thursday night and will do the same in the Northeast on Friday," AccuWeather Chief On-Air Meteorologist Bernie Rayno said.

After surging to levels more typical of April in many areas, temperatures are forecast to plummet to 10-20 degrees or more below average for mid-February from west to east across the Plains, Midwest and Northeast into Friday.

As temperatures plunge from west to east, areas of standing water, slush and moisture will freeze unless treated with significant ice-melting compounds. On top of that, many crews may not be able to successfully pre-treat roads as rain will quickly wash away chemicals used to melt snow and ice.

 

Top Items on Batavia's List

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.
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