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Batavia Downs realized a 75% handle increase in 2023

By Tim Bojarski
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Photo courtesy of Wendy J. Lowery.

With the books now finalized after the last live card of racing took place on Saturday (Dec. 9), Batavia Downs saw a major growth in handle that started last January during their first winter meet in 20 years and ended the year showing a 75% increase in wagering over the track’s previous record high.

The total all-source handle for the entire 67 days of live racing conducted at the Downs in 2023 was $15,414,846, which easily eclipsed the old record high of $8,779,409 established in 2019 over that 63-day meet, and set a new all-time high wagering mark during Western Regional Off Track Betting’s 21-year tenure as owner of the track.

Breaking down the numbers further, the average daily all-source handle of $230,072 bested the old mark of $146,987 set in 2021 (for a full-year schedule) by 57%. The average daily handle in 2020 was $170,268, but it was during a Covid-shortened meet that ran only 42 days.

Another number that saw an uptick at the Downs in 2023 was the total on-track live handle of $935,790, which rose 2.5% from the $912,822 wagered last year.

“The momentum in the handle started during our winter meet when we set several daily records and picked right back up when we returned in July. I am very happy that the wagering support from our customers, both remote and live, carried over to our regular meet,” said Don Hoover, Director of Live Racing at Batavia Downs.

The momentum Hoover eluded to started on Monday (Jan. 30) after bettors came out in force to pump $340,602 (from all sources) through the windows to set a new all-time single card mark at Batavia Downs. That total was the largest handle recorded since WROTB reopened the Downs in 2002, and surpassed the old mark of $339,000 which occurred during the 2019 New York Sire Stakes Night of Champions finals.

Then only a week later on Monday (Feb. 6), that record was broken again after $348,205 was wagered on the very competitive third leg card of the Western New York Pop-Up Series.

The healthy daily average handle for the short 14-day 2023 winter meet was $238,895, and compared to $227,742 for the 53 day summer/fall meet, remained almost identical all year despite increased competition by the greater number of tracks that raced live later in the year.

Batavia Downs will once again host a winter meet in 2024 and it begins on Thursday (Jan. 4) with 16 dates that run through Monday (Feb. 26). Post time for every race day will be 3 p.m.

Leadership Genesee graduates 26 in Class of 2023

By Press Release
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Photo of Leadership Genesee Class of 2023 courtesy of Laurie Pfaff LG 2009.
1st row (left to right): Morgan Hoffman, Carol Hunt, Gabrielle Lanich, Chelsea Peyman, Melissa Stein, Barbara O’Rourke, Daniel Calkins, Jaden Ohlson, Lauren Becht 
2nd row: Gail Tenney, Roger Caldwell, Jessica Patnode, Staci Williams, Jacob Cone, Sarah Jarkiewicz, John Jondle, Melissa Kasmarek, Kaitlyn Krna, Josh Dykstra, Doug Curella Jr., Kathy Riggs-Allen 
3rd row: Josh Graham, Terry Thompson, Levi Olsen, Laurie Watson, Kyle Sentiff

Press Release:

Leadership Genesee (LG) presented awards honoring the 26 members of the Class of 2023 at the Annual Graduation Celebration at Terry Hills on Nov. 30. 

Class members from the private sector include Alleghany Farm Services, Genesee Patrons Cooperative Insurance Co., Hunt Real Estate ERA, Lizzie’s Ice Cream Camper, RRH United Memorial Hospital, Liberty Pumps, Porter Farms, Tompkins Financial, Batavia Downs Gaming and Hotel, Freed, Maxick CPAs, P.C., Tonawanda Valley Federal Union and UConnectCare (GCASA).

Also included from the public sector were members from Batavia Housing Authority, Byron Bergen Central School, City of Batavia Fire Department, Genesee County Department of Social Services, Health Department, and Office for the Aging, Genesee County Chamber of Commerce, Genesee Community College, Mercy Flight/ Mercy EMS, and NYS Unified Court
System. 

Leadership Genesee Director Peggy Marone said at graduation, “As a group, you have shared so much quiet courage for what life throws your way, it’s the kind of courage that’s inspiring to everyone you meet, whether they know about it or not. It’s the way you hold yourselves and show the world the grit and backbone you have and without even knowing it, you
become a lesson for someone who might not know they need it, but they do… we all do. You have a collective character that will stay with me for a long time.”

Leadership Genesee is a year-long community education committed to exploring Genesee County and encouraging the leader within all of us. We aim to provide well-prepared servant leaders for Genesee County ready to accept responsibility for our community’s shared concerns.

One participant said, “The experience exceeded my expectations in so many ways. I have gained a much deeper understanding and appreciation for the community I work in. I gained a better understanding of my leadership style and how to adjust to others’ styles to better serve and support them.”

The Class of 2024 will begin their journey in January. Leadership Genesee is a program of Cornell Cooperative Extension of Genesee County, an employer and educator recognized for valuing AA/EEO, Protected Veterans, and Individuals with Disabilities, and provides equal program and employment opportunities. For more information about Leadership Genesee, please visit our website at http://genesee.cce.cornell.edu/leadership-genesee.

Toy Giveaway Tuesday evening at St. Anthony's

By Press Release
Press Release:
 
City Church's annual Toy Giveaway is Tuesday from 6 to 8 p.m., and will be held at St. Anthony's Community Center, 114 Liberty St., Batavia.
 
Every child will walk away with a toy this night.  We will also have carriage rides, food, art projects to do, basketball, games, and friendship!  We want to be a blessing to our community and those around us.  Everyone is invited to come out and celebrate with us! We do life together. 
 



 

Photos: Third Annual Bob's Christmas

By Howard B. Owens
Bob's Christmas 2023

In honor of Bob Zeagler, who was well known in Batavia for decorating his Jeep Cherokee for the various holidays throughout the year, especially Christmas, and dressing up in detailed costumes to match, area residents again on Sunday held the Third Annual Bob's Christmas at Batavia First Presbyterian Church.

This year included a Santa's Workshop with presents for kids.

Photos by James L Burns. 

Bob's Christmas 2023
Bob's Christmas 2023
Bob's Christmas 2023
Bob's Christmas 2023

A portion of Jackson Street to be closed this week in Batavia

By Press Release

Press Release:

Please be advised that Jackson Street from Ellicott Street to Central Avenue will be closed for the duration of this week due to construction on the Jackson Street water project within the City of Batavia.

We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.

Charge against Batavia mother for emails sent to school officials raises First Amendment concerns

By Howard B. Owens
district office Batavia City School District
Batavia City School District, District Office.
Photo by Howard Owens.

Free speech and the right to petition your government over grievances: two rights clearly protected in the United States by the First Amendment.

But when does complaining to government officials cross the line into harassment?

That's a high bar to cross, and should be, according to Constitutional scholar Jared Carter.

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Wherever that line is between protected speech and harassment, a Batavia mother who became upset in November with how her son's Spanish class at the Middle School was being taught didn't cross it, Carter told The Batavian after reviewing available documents.

The Batavian provided him with documents received from Batavia City Schools, which included emails sent by Kate Long to Superintendent Jason Smith, School Board Vice President John Reigle, along with other district officials, and the charging documents obtained from Batavia City Court.

The Charge
Long, 39, mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Carter said the language of the statute is too vague and overly broad to fairly apply to speech and is the same language that was once part of the state's aggravated harassment law, which was struck down by a federal court as unconstitutional in 2014.

The former aggravated harassment statute dealt specifically with spoken and written communication that was likely to "cause annoyance or alarm ... for no purpose of legitimate communication." 

In People v. Golb, the court ruled that the former statute violated both the state Constitution and the Bill of Rights.

A similar case, People v. Dietze, struck down Section 240.25 dealing with language that was abusive or obscene with "the intent to harass, annoy, or alarm another person."

In the Golb case, the court held that both cases examined state statutes and said both failed to provide necessary limitations on the scope of communications that were criminally prosecuted. 

"They're (prosecutors) skating on very thin constitutional ice, if any ice at all," Carter said of the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself. Now, are some of her emails obnoxious? Perhaps. But the First Amendment very clearly, in my view, protects even obnoxious and, quite frankly, ugly speech, and unless speech fits into one of the very narrow few exemptions to the First Amendment, then it's going to be protected."

Carter said while we're talking about different statutes, they're essentially the same exact language that makes the harassment 2nd statute, when it involves prosecuting speech, is not likely to be found Constitutional if challenged.

Chain of Emails
The trail of events that led to Long's charge began in the middle of September when Batavia Middle School Principal Nate Korzelius informed parents that the teacher originally assigned to teach Spanish would be taking a long-term leave of absence.  He said the district conducted a comprehensive search to find a certified Spanish substitute but was unable to find a qualified teacher to take over the class. 

Instead, he said, "We will utilize an online program called AcceleratedU. This program has been thoroughly vetted and widely used by students nationwide, demonstrating its effectiveness in enhancing students' learning experience."

He invited parents to contact school officials with any problems or concerns.

A couple of weeks later, according to emails obtained from the district through a Freedom of Information Law request by The Batavian, Kate Long did express her concerns.

She said AcceleratedU was not a "long-term solution" for a sub.  

"I think by now, you know this based on the grades of students," she wrote in an email to school officials on Nov. 1.

"The school needs to start looking for a long-term sub and put some actual effort into it," she wrote. "I'm getting pretty sick of spending every single evening being my son's unpaid Spanish teacher. Oh yeah, and I don't get a break on my taxes, either."

Superintendent Jason Smith responded the next morning and wrote, "We fully understand that there have been concerns with this, and despite our efforts to find a sub, including speaking with three retired teachers, networking across several counties for candidates, we literally had no one apply or who was even interested. There is, in fact, a severe shortage of Spanish teachers."

He also said the district had contacted the software company several times with complaints about the program, and while the company responded, "We know issues remain."

Long was not satisfied with the response and began a series of emails, often snarky, accusing district officials of not caring, of not doing enough, and of her role as an "unpaid" teacher.

She sent 16 emails over eight days. (The charging documents say 12 emails over eight days,  but The Batavian counted 16 emails sent by Long in response to its FOIL request.)

Long, who studied Spanish in college and told district officials she lived for a year with a Spanish-speaking family, had specific complaints about grammatical errors she found in the program. 

On Nov. 3, the board's vice president, John Reigle, responded and again reiterated the efforts undertaken by the district to hire a Spanish sub and noted that Smith had replied to her email the day before and invited her to meet with school officials.

That night, she wrote district officials and board members and said, "Hope you all are sleeping very nicely every night. I'm not. Look forward to more messages every single day that you lack to get a Spanish teacher."

She wrote individually to Reigle and said, "What a very eloquent way to say,  'I don't care.' Thanks a lot. That was sarcasm.  Look forward to more emails until you DO SOMETHING."

In all, she sent 11 emails on Nov. 3 alone, concluding one that read, "I guess it would have been in my best interest to say, 'I don't care,' like all of you."

In his sworn complaint, Board President John Marucci quoted from Long's second-to-last email, sent on Nov. 8 at 9:37 p.m. 

"Fuck you all. You are all jokes. You call yourselves educators. You reap what you sow.”

Marucci wrote, in his statement, that Long was complaining about online learning of Spanish in her emails but also stated that she sent "these emails with no legitimate meaning or purpose to the point that we as the City of Batavia School Board of Education feel like we're are being harassed by Kate Long by her alarming and annoying emails. I would like to pursue any and all legal charges against Kate Long."

Political Speech
Carter said Long's emails are political in nature, seeking correction to what she believes is a wrong perpetrated by a government body and is, therefore, protected speech.

"I think it's fair to say that is some of the most protected speech that there is," Carter said. "I'm not saying at some point, you can't have emails becoming harassment. But I think 16 emails over the course of eight days? I don't see how we've crossed that line. And I think courts are going to look at it very skeptically if she were indeed to be prosecuted."

The Batavian emailed several questions to District Attorney Kevin Finnell.  We wanted to know if Batavia PD consulted with his office prior to the arrest of Long and if he had any Constitutional concerns about the case.

"Our office does not generally participate in the investigation of criminal matters," Finnell said. "While we remain available to consult with law enforcement during an investigation, my office did not offer any input or advice in this particular case.  Even in cases where we do offer advice during an investigation, the choice of what offense(s) to charge is ultimately determined by law enforcement."

As for the Constitutional issue, Finnell said he and all of his ADAs are sworn to uphold the Constitution and are mindful of that in prosecuting every case.

In 2015, former District Attorney Lawrence Friedman, in response to the Golb ruling, sent a memo to local law enforcement warning the departments to no longer arrest people under the portion of the aggravated harassment law that was struck down.  He did not raise concerns about the similar language contained in the harassment 2nd statute, and Finnell noted that there is, in fact, a difference between the statutes.

In the Dietz and Golb cases, Finnell said, the courts were reviewing statutes that dealt specifically with speech. 

"The statute charged here is different in that it does not target pure speech but rather proscribes behavior," Finnell said. "It is a violation of Penal Law 240.26(3) to engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose and which have the effect of alarming or seriously annoying the targeted individual.  While that conduct could include speech, it is the act or conduct itself that constitutes a violation of law."

Carter said that calling Long's emails "conduct" bypasses the fact that she was engaging in speech, and no matter what other word you apply to it, whether you describe hitting the send button an email as "conduct," it's still speech.

"I don't think that's going to carry a lot of water," Carter said. "These are emails, and there's plenty of case law out there that talks about expressive conduct, which I don't even think this is, I mean, these are emails, this is communication, plain and simple. And I just don't think they're going to be able to convince a court, and quite frankly, the material that you sent that the district attorney shared, to my mind -- I just don't see this being prosecuted. I don't know how you could possibly criminalize 16 emails, even one that used a cuss word and be consistent with the First Amendment under a harassment statute, the bulk of which I think has been essentially struck down."

Cases that involve the Supreme Court upholding conduct as speech:

Profane speech, in Cohen v. California (1971), is also protected.

District Response
The Batavian also asked Superintendent Jason Smith and Board President John Marucci questions regarding the Constitutional issues raised by the case. 

Both said they thought Long's emails crossed a line, and they turned to the police to help bring the communications to a halt. Smith said it is up to the justice system to decide whether Long's rights have been violated but that she was arrested within the scope of existing state law. 

Marucci said he and the board respect the legal process and Constitutional rights but that they were facing an escalating concern and needed the assistance of the legal system, which will decide how best to deal with the case.

"Our decision was not about seeking charges against a citizen," Marucci said. "Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. We value and address all respectful and constructive conversations with parents and community members. In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being."

Smith said there are proper ways for residents to raise issues with the administration and school board, and the district respects the right of residents to disagree with their decisions. He doesn't believe, he said, that administrators and elected officials should necessarily be protected from annoying and upsetting speech but that this was an exceptional case. He said it is important to maintain a respectful and safe environment for everyone in the school community.

"While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language," Smith said. "In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff and upholding a standard of respect and civility in our communications."

To read the full Q&A with both Smith and Marucci, click here.

Prior Restraint
Among the documents obtained by The Batavian from the school district is a letter from Smith to Long. It is dated Nov. 10 and informs Long that the matter has been referred to Batavia PD. It's the first time, at least in the communications obtained by The Batavian, that anybody with the district notified Long that officials found her emails annoying. 

In it, Smith informs Long that her email address has been blocked, prohibiting her from communicating with any other district official except Smith, that she is not to contact any other district employee, and that she may not use the district's app, Parent Square, to contact staff members.

Carter said this letter is also Constitutionally problematic, though the case law on the matter is not settled.

"I could see a strong argument that blocking a member from the public from being able to send emails to government officials would have First Amendment implications," Carter said. 

A case against former President Donald Trump regarding his practice of blocking people on Twitter never made it to the Supreme Court because he left office before the matter was settled. A lower court had previously ruled against Trump, saying he couldn't block people from using a public forum to criticize him. 

There are two other cases pending before the Supreme Court regarding government officials and agencies blocking communication on social media platforms. 

We couldn't find any cases dealing specifically with individual emails to the government or elected officials or using a government-run platform such as Parent Square.

The letter could potentially constitute "prior restraint." Courts have consistently held that the government cannot restrict speech and publication, regardless of any concern about future communication, that has not yet occurred.

It's this block to communication, along with Long's three children still attending school, that may be why her attorney, Tom Trbovich, from Buffalo, seems hesitant to fight a First Amendment case.

He said he would love to have a case he could take to the Supreme Court and win. It would help his career.  But his first obligation is to his client and what is in the best interest of her and her family. He said while he's willing to do whatever his needed, it's also important to be realistic about the situation.

"As a secondary goal, I want to make sure that, you know, it'd be nice to make sure that relations and stuff like that with the families in the school workout, as well," Trbovich said after Long's initial court appearance, where she entered a not-guilty plea. "I want to make sure it's a win-win situation for everybody. And it's just going to take a little bit of time. I don't want to just do something quick in court. I want to do what's in the best interest of everybody."

Q&A with Superintendent Jason Smith and Board President John Marucci regarding the arrest of Kate Long

By Howard B. Owens

For Related story, see: Charge against Batavia mother for emails sent to school officials raises First Amendment concerns

Jason Smith
Jason Smith

Jason Smith:

Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?

Provided that the dialogue is respectful, fair and reasonable, of course not. The Board and I regularly receive emails from parents in which the dialogue is cordial and respectful.

In this particular case, however, we responded to a situation that called for a firm response. The Board of Education received numerous emails in a very short period of time from Ms. Long with inappropriate and inflammatory language, including one that said, '"Fuck you all.  You all are jokes.  You call yourself educators.  You reap what you sow," and we had no indication that they were going to cease until the issue was resolved to the complete satisfaction of Ms. Long—which we could not do after numerous attempts to find a qualified teacher.  In addition, she explicitly indicated that the Board should "Look forward to more messages every single day..."

In Ms. Long’s case, she received two emails from our Board Vice President and two emails from me, so her concerns were in fact heard and responded to in a timely and respectful manner. 

While Ms. Long initially stated her concerns in a respectful manner, they quickly escalated.

Are you concerned that her arrest may have violated her constitutional rights?

We brought the concerns to the attention of the Batavia Police Department, and an officer looked into it and determined that her behavior warranted the arrest.

It is the job of the courts and legislature to determine if these laws violate constitutional rights, and while some might disagree with the law’s reach, it continues to be a valid law in New York State.

As educators, are you concerned that her arrest sends the wrong message to students about civil rights?

No, there is no concern regarding the message sent to students about civil rights. This incident actually serves as an educational opportunity. We want our students to learn the importance of engaging in civil discourse in a respectful, reasonable, and fair manner.

Unfortunately, Ms. Long's approach did not reflect these values, which are essential in public education and have been upheld for decades. As an educator and leader, my role includes actively listening to all members of our community and striving to foster mutual understanding and respect.

What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?

There are channels that individuals can follow when addressing their concerns, which our District and Board of Education members consistently follow and encourage. 

To be clear, Ms. Long’s concerns were heard, again as evidenced by my response and that of our Board Vice President. BMS Principal Nate Korzelius also corresponded with her.

In fact, due in part to her concerns, we course-corrected and made a few changes to the way the online Spanish class was being taught—changes which Ms. Long acknowledged and appreciated. 

Should public officials be shielded from annoying and upsetting speech?

No, not at all, but when it crosses the line, as it did in Ms. Long’s case, there are laws on the books that are designed to prevent this type of inappropriate behavior, as well as the BCSD Code of Conduct, where parent behavior is also addressed.

Our Board of Education and our District communicate and listen to our families and students every single day. Is every single situation resolved to the satisfaction of all? Of course not—that is nearly impossible. And again, in Ms. Long’s case, we responded to her concerns, and addressed them to the best of our ability in a timely and respectful manner.

As a school district, we deeply value the rights of parents and community members to express their concerns and opinions. We understand and respect the importance of open dialogue and encourage our community to actively participate in discussions about our schools' operations and policies.

However, it is equally important to maintain a respectful and safe environment for everyone in our school community, including our board members and staff. While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language.

In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff, and upholding a standard of respect and civility in our communications.

We remain committed to transparency and accountability in our operations and continue to welcome and value input from our community provided it is expressed in a manner that respects the dignity and rights of all individuals involved.

john Marucci 220

John Marucci:

Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?

Our decision was not about seeking charges against a citizen. Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. 

We value and address all respectful and constructive conversations with parents and community members.

In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being.

Are you concerned that her arrest may have violated her constitutional rights?

As a Board, we respect the legal process and constitutional rights. Our role was to report an escalating concern; the legal system, guided by New York State law, determines the rights and violations. We trust in this process and its ability to uphold the law and protect rights.

As educators, are you concerned that her arrest sends the wrong message to students about civil rights?

There's no concern about a wrong message on civil rights. This situation highlights the importance of respectful and civil discourse when expressing concerns.

Our entire community, including the Board, administration, teachers, staff, and parents, are working together to foster a thriving and supportive educational environment. To do this, we must engage in more constructive conversations.

What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?

We believe in open, respectful dialogue with all community members. 

We always strive to balance the need for respectful communication with the right to express concerns, ensuring everyone is heard but within the bounds of civility.

Should public officials be shielded from annoying and upsetting speech?

Freedom of speech is a cornerstone of our community values, but it comes with the responsibility to maintain a respectful and safe environment. 

While we listen and respond to all concerns, there is a line where speech becomes disruptive or harassing. 

Our actions, in this case, were to protect the well-being of our school community and uphold a standard of respect and civility, not to suppress free speech or discourage community engagement.

Photos: Light show on Woodrow Road

By Howard B. Owens
light show on woodrow road

Scotty DiMartino, Cassie Piccione and Tom Burke used their stagecraft experience to put on a light show at DiMartino's residence on Woodrow Road in Batavia on Saturday evening.

Photos by Nicholas Serrata

light show on woodrow road
light show on woodrow road
light show on woodrow road

Blue Devils pick up second win in OT, 65-62

By Howard B. Owens

Batavia beat Odyssey 65-62 in overtime in Boys Basketball on Friday night.

Carter Mullen scored 22 points for Batavia. Joey Marranco scored 15 and Aiden Bellavia scored nine.

The Blue Devils are now 2-1 on the year.

Faith Formation program prepares for the birth of Jesus

By Press Release
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Press Release:

It was a faith-filled Second Sunday of Advent Sunday morning at Ascension Church at Resurrection and Ascension’s combined Faith Formation programs, with:

  • Card making for nursing home residents
  • Food and conversation
  • Discussion about Church and family Advent & Christmas traditions
  • Creating and blessing homemade Advent wreaths

As we all prepared for the birth of Jesus!

Submitted photo from Sunday's Faith Formation.

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Catholic Charities Appeal 2024 leadership team includes Batavian Gina Giese

By Press Release

Press Release:

Catholic Charities of Buffalo announced the members of its Appeal 2024 leadership team which include Kevin Gannon as chair, Michael Noe, MD, MPH as vice chair, Gina Giese as parish and community division chair, and C. Kevin Brayer and David Wolf as corporate division co-chairs.

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Submitted photo of 
Kevin Gannon.

After previously serving as both vice chair and parish chair in recent years, Gannon is taking on the role of chair as the annual Appeal marks 100 years in 2024. Gannon is the chief sales officer of Azeros Health Plans and has more than 35 years of experience as a benefits broker. He is a member of the St. Vincent de Paul Society and serves as a committee member at OLV Homes of Charity. Gannon and his wife reside in Hamburg and belong to Saints Peter and Paul Parish in Hamburg.

Appeal 2024 Vice Chair Noe is an emeritus clinical professor in the School of Public Health and Health Professions at the Jacobs School of Medicine and Biomedical Sciences. 

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Submitted photo of
Michael Noe, MD, MPH.

Recently retired, he previously served as associate dean for community relations and clinical affairs and director of the school’s residency program in preventative medicine. Dr. Noe also held various senior administrative positions during his career with Kaleida Health. He is a long-time member of the Bishop’s Council of the Laity and serves on the board of directors at Brothers of Mercy campus facilities, at Harvest House Buffalo, and at The Family Help Center. Dr. Noe resides in Clarence and is a member of St. Gregory the Great Parish in Williamsville.

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Submitted photo of
Gina Giese.

As parish and community division chair, Giese works with both parish Appeal teams as well as Catholic schools, parish societies and other local organizations throughout the eight counties of Western New York. She is a senior vice president and retail regional manager with M&T Bank and serves on the Genesee Community College Foundation board. Giese and her husband, Deacon Walter Szczesny, are members of Ascension Parish in Batavia.

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Submitted photo of 
C. Kevin Brayer. 

Brayer returns for his fourth year as corporate division co-chair, to direct a team of volunteer business leaders and develop strategies for seeking contributions from local corporations and small businesses. He is the retired executive director of the St. Bonaventure Buffalo Center and a long-standing parishioner of St. Louis Church. Brayer also serves on the Bishop’s Council of the Laity, the Foundation for the Roman Catholic Diocese of Buffalo, and the board of directors for the Ronald McDonald House. He resides with his family in Buffalo.

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Submitted photo of 
David Wolf.

Also named corporate division co-chair, Wolf is a senior financial advisor with Excelsior Financial. He holds the Chartered Retirement Planning CounselorSM (CRPC®) designation and has more than 25 years of experience servicing both individual high net worth clients and small businesses. Wolf resides in North Buffalo with his family and are members of St. Mark Parish in Buffalo.

“Volunteers are, and always have been, the backbone of the annual Appeal – their dedication make it happen year after year for the past century,” said Deacon Steve Schumer, president and CEO, Catholic Charities. “We are grateful for the support of Kevin and the entire leadership team to spearhead our centennial Appeal efforts and look forward to a successful campaign in 2024.”

The annual Appeal, which is celebrating its 100 year in 2024, kicks off in January and runs through June 30. Funds raised during Appeal 2024 support Catholic Charities’ 57 programs and services, along with several ministries through the Fund for the Faith. More than 145,000 people of all faiths were served by Catholic Charities last year. For more information or to donate to Appeal 2024, visit ccwny.org/donate.

Some tidying up, holding out hope, at Ellicott Station

By Joanne Beck
Ellicott Station winter prep 2023
Signs of life, albeit temporary tidying up before winter, at Ellicott Station in downtown Batavia. 
Photo by Howard Owens

There have been signs of life at Ellicott Station, if for no other reason than to button up the property just before it officially becomes winter. 

Construction vehicles have been parked on the premises, and Public Works Director Brett Frank confirmed that staff has observed a few subcontractors who were “closing up the building and moving materials in preparation for winter weather” the past week or two. 

The Batavian has been regularly checking in with City Manager Rachael Tabelski for any updates about the property, and she was told by investors that "the building would be winterized," she said.

"HCR, the bank, and the investors continue to work on a takeover/transition plan with other interested housing developers/operators," Tabelski said. 

HCR is the state Department of Housing and Community Renewal. 

The Ellicott Street property has been fairly dormant since late August when former developer Sam Savarino announced that he was closing his Savarino Companies. There apparently won't be any further construction on the apartment complex until a new developer is in place, and tenants that were chosen for the 55 rental units have been advised a while ago by Savarino's management company to find alternative housing. 

The Batavian had also asked Tabelski for a response to how Ellicott Station seems to be representative of what some communities are fearful may happen to them -- the town of Pembroke as one example -- and is named as some type of icon of doom that other developers don't wish to be compared to. 

"Respectfully, I think the characterization of Ellicott Station as the 'icon of doom' is overdramatic," Tabelski said. "I understand there is disappointment with the project, but our strong hope is another developer will see this as an opportunity to invest in our city.  The final verdict on the success of this project is still out. 

"The city is focused on moving forward, working on creating housing that adds tax base and gives middle and higher earners the products they demand, as well as active seniors, who want to move to apartments/condos with less maintenance," she said.  "The (Batavia Development Corp.), with participation from the GCEDC and city, hosted a very successful developers tour on (in late November).  There remains a lot of interest in developing projects in our city."

Photo: An evening stroll

By Howard B. Owens
evening stroll van detta stadium batavia
A couple out for an evening stroll on Union Street in Batavia, past Van Detta Stadium, on Friday evening.
Photo by Howard Owens.

GO ART! seeks community stories for new gallery of antique photos

By Press Release
go art bathroom photos stories
Photo by Howard Owens

Press Release:

GO ART! is asking the community to submit stories for our antique photos in our new Bethany Arts & Antiques Gallery.

Our executive director has painstakingly procured many antique black and white and reverse colored photographs in antique oval frames, numbered them and put them on display in our newest gallery. We are asking the community members to stop in to GO ART! check out the photographs and if you are so moved submit a story about one or more of the photos. 

After GO ART! staff reviews each story we will publish one for each of the photographs to our website. These stories can be created in your imagination or a memory about a relative. Either way, visit our website at https://goart.org/baagallery/ or come in and scan the QR code in the gallery to submit your story.

Batavia Girls outplayed Franklin in first half to run away with another win

By Steve Ognibene
Jamin MacDonald led the Lady Devils in points and rebounds to victory.  Photo by Steve Ognibene
Jamin MacDonald led the Lady Devils in points and rebounds to victory.  
Photo by Steve Ognibene

Batavia picked up its fourth win of the season with a 51-19 victory over Franklin/Northeast on Thursday.

Stats for the game:

  • Karizma Wescott, six points, four rebounds, six steals; 
  • Julia Clark, two points, four rebounds;
  • Anna Varland, eight points, three rebounds, two assists; 
  • Violet Lopez, five points and six rebounds; 
  • Jaimin Macdonald, 18 points, 16 rebounds, two assists, four steals;
  • Julia Preston, four points and six rebounds;
  • Isabella Walsh, seven points, nine rebounds, four assists, four steals;

"We were able to jump out to an early lead by changing up our presses and controlling the tempo," said coach John McCulley. "This team has learned from every game so far. We learned we need to hit the glass better, and they did that tonight."

To view or purchase photos, click here.

Photos by Steve Ognibene

Karizma Wescott triple teamed by Franklin.  Photo by Steve Ognibene
Karizma Wescott triple-teamed by Franklin.  
Photo by Steve Ognibene
Anna Varland setting up a play.  Photo by Steve Ognibene
Anna Varland setting up a play.  
Photo by Steve Ognibene
Violet Lopez driving down the court.  Photo by Steve Ognibene
Violet Lopez driving down the court.  
Photo by Steve Ognibene
Isabella Walsh scoring two points for batavia.  Photo by Steve Ognibene
Isabella Walsh. 
Photo by Steve Ognibene
Erika Gibbs grabbing a loose ball.  Photo by Steve Ognibene
Erika Gibbs grabbing a loose ball.  
Photo by Steve Ognibene

Bank Street water project nearing completion

By Joanne Beck
bank street construction batavia
Photo by Howard Owens

The water construction project that began in mid-November along a portion of downtown Bank Street is expected to be completed by the end of December, except for pavement restoration, “which would need to take place in the spring of 2024,” Public Works Director Brett Frank says.

The project included the installation of 932 linear feet of new 8-inch water main to replace existing 4- and 6-inch water mains on Bank Street from East Main Street to Washington Avenue. 

This updated infrastructure will service the future police station to be built at the corner of Bank Street and Alva Place, Frank said, but is also “a needed infrastructure upgrade of roughly 950 linear feet of water main.”

Works from members and staff on display at GO ART!

By Howard B. Owens
go art member show opening 2023
Photo by Howard Owens

GO ART!'s annual member and staff art show opened on Thursday evening.

The show runs through Feb. 3.

Artists with work on display are:

  • Justin Reynolds
  • Rebecca LaFevre
  • Rich Della Costa
  • Mary Bryant
  • Julie A Lambert
  • Jodi Fisher
  • Dan Hogan
  • Bryan Wright
  • Donald Fryling
  • David Burke
  • Mary Jo Whitman
  • Madeleine Rush
  • Judy Wenrich
go art member show opening 2023
Justin Reynolds with three of his paintings on display.
Photo by Howard Owens.
go art member show opening 2023
Three drawings by Mary Jo Whitman
Photo by Howard Owens.
go art member show opening 2023
Three paintings by Judy Wenrich
Photo by Howard Owens
go art member show opening 2023
Kayla Reynolds plays piano with sister Julia on the bench in the James R. Owen Memorial Library.
Photo by Howard Owens.

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