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Spirits of Halloween alive and well in local government offices

By Howard B. Owens
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Submitted video: DMV Ladies Have S'more Fun

It's become quite the tradition in Genesee County government departments -- staff members coordinate a theme for Halloween, with each department competing for the best costumes of the day.

We have no word on who won but here are pictures of a few of the departments that joined in this year.

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Submitted photo: DMV Ladies Have S'more Fun.
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It's all in The Adams Family at the Clerk's Office.
Photo by Howard Owens
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Offices of the County Manager, County Attorney, and Legislature in the Old Courthouse.
Submitted Photo
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Probation Department
Submitted Photo
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Office for the Aging.
Submitted Photo
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Public Works
Submitted Photo
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Information Technology
Submitted Photo

Photo: St. Paul student wins ride to school in fire truck

By Howard B. Owens
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Josephina Varland, a student at St. Paul Lutheran School, got a ride to school on Thursday morning in Batavia Fire's Engine 12.

The ride was Varland's reward for winning CIty Fire's safety coloring contest for her school.

Photos by Howard Owens.

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Photos: Harlem Wizards entertain capacity crowd at Oakfield-Alabama

By Howard B. Owens
harlem wizards at OA

The Harlem Wizards visited Oakfield-Alabama High School on Wednesday and put on a show, demonstrating their trick ball handling, shots, and high-level basketball skills while playing a game against a team comprised of OA teachers and staff.

The Oakfield-Alabama PTO hosted the fundraiser. During half-time, souvenirs were on sale, and players autographed items. Half-time was followed by a three-minute game between O-A elementary school students.

Photos by Howard Owens.

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harlem wizards at OA
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harlem wizards at OA
harlem wizards at OA
harlem wizards at OA
harlem wizards at OA

Boys Soccer: Bees set to defend Section V title against East Rochester on Saturday

By Howard B. Owens
byron-bergen soccer

Byron-Bergen/Elba is moving onto the Section V Class C1 finals after beating Geneseo on Wednesday 2-1.

The Bees, the #2 seed, will face #1 seed East Rochester at noon on Saturday at Honeyeo Falls/Lima.

Colin Rea scored in the first half with an assist from Jack Farner, then with 8:50 left in the game, Craig DiQuattro scored, assisted by Jadiel Amaro. 

Photos Jennifer DiQuattro.

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Photo: City Fire gives John Kennedy student a lift to school

By Howard B. Owens
city fire coloring contest

Eight-year-old Amara Thomas got a ride in City Fire's Ladder Truck 15 to school at John Kennedy on Wednesday.

Amara was the John Kennedy winner in the department's annual fire safety poster contest, sponsored by IAFF Local 896.

Photos by Howard Owens.

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Photos: Fall Festival at St. Anthony's

By Howard B. Owens
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For the eighth year, City Church hosted its annual Fall Festival at its St. Anthony's campus on Liberty Street in Batavia.

Photos by Howard Owens.

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Law and Order: Woman accused of grand theft from local store, accompanied by child

By Howard B. Owens

Brigette K. Thornton, 33, of Glenhaven Drive, Amherst, is charged with criminal possession of stolen property 5th, grand larceny 4th, and act in a manner injurious to a child less than 17. Deputies responded at 5:41 p.m. to a report of a larceny in progress at Dick’s Sporting Goods on Veterans Memorial Drive. Deputies were told the suspect fled in a white Nissan Sentra. Deputies located a vehicle matching the vehicle description within moments of the initial report. Thorton was allegedly found in possession of stolen goods with a child in the car.  The value of the stolen goods was not disclosed. Thornton was issued an appearance ticket.

Johnathan David Fuhrman, 37, of Covington Road, Leicester, is charged with criminal mischief 4th, harassment 2nd, and menacing 3rd.  Fuhrman was arrested on a warrant on Oct. 28 in connection with an incident reported at 10 a.m. on Nov. 27, 2023, at a location on Park Road, Batavia. He was held pending arraignment. 

Janell M. Sauer, 48, of West Main Street, Pembroke, is charged with burglary 34d and petit larceny, and Sean M. Conway, 47, of Indian Falls Road, Pembroke, is charged with criminal possession of stolen property 5th. On Oct. 23, deputies responded to a report of a theft in progress at Walmart. Sauer allegedly walked out with $101.71 in stolen merchandise. As an asset protection agent approached her, Sauer reported walking away and dropping the bag. Conway is accused of picking up the bag, knowing it contained stolen merchandise, and leaving with it.  Batavia patrol officers later located Conway on Lockport Road. Sauer had previously been barred from Walmart property. Conway was released on an appearance ticket. Sauer was located the following day, arrested, and held pending arraignment.

Marissa Bea Torres, 34, no address provided, Batavia, is charged with criminal possession of a controlled substance 7th. Torres is accused of possessing Fentanyl and drug paraphernalia at 10:45 a.m. on Oct. 17 at a location on West Main Street, Batavia. She was issued an appearance ticket.

Peter Joseph Mancuso, 36, of Deerfield Drive, North Tonawanda, is charged with criminal contempt 1st. Mancuso was arrested based on a complaint received at 9:56 a.m. on Oct. 19 at a location on X Main Street, Batavia (whether it was East or West Main was redacted from the report). No narrative was provided regarding Mancuso's conduct. He was held pending arraignment.

Susan Marie Da Silveira, 43, no permanent address, is charged with resisting arrest, disorderly conduct, and trespass. Da Silveira is accused of harassing employees and customers at a gas station on Park Road, Batavia, at 6:36 p.m. on Oct. 10, and she allegedly tried to prevent deputies from arresting her. She was issued an appearance ticket.

Clarence Arthur Johnson, 66, of Griswold Road, Le Roy, is charged with a sex offender, failure to appear for a photo. Johnson was arrested on Sept. 20 on a warrant and held pending arraignment.

Joseph William Freeman, 40, of Oak Street, Batavia, is charged with trespass. Freeman is accused of reentering Batavia Downs after being barred from the property at 8:52 p.m. on Oct. 19. He was issued an appearance ticket.

Juan Luis Figoura, 21, of Willow Street, Batavia, is charged with criminal contempt 1st. Figoura was the subject of a traffic stop at 2:21 p.m. on Oct. 23. A person he was ordered to stay away from was allegedly in the vehicle. He was held for arraignment.

Candace De Dibartolomeo, 27, of West Main Street, Batavia, is charged with endangering the welfare of a child. Dibartolomeo is accused of failure to properly take care of a child after deputies responded to a complaint at Big Tree Glen at 10:30 a.m. on Oct. 24. Dibartolomeo was released on an appearance ticket.

Christopher James Johnston, 48, of West Main Street, Batavia, is charged with trespass. Johnston allegedly entered Batavia Downs at noon on Oct. 26 after previously being barred from the facility. He was released on an appearance ticket.

Jennifer Lynne Fraser, 36, of State Street, Batavia, is charged with petit larceny. Fraser is accused of stealing $51.20 in merchandise from Walmart at 4:17 p.m. on Oct. 28. She was released on an appearance ticket.

Photos: Pink Hatters Night Out at Batavia Downs

By Howard B. Owens
pink hatters 2024

UMMC and the Cancer Services Program of Genesee & Orleans hosted their annual Pink Hatters Night Out at Batavia Downs on Thursday.

The event supports those battling cancer, admires survivors and honors those who have passed.  

Photos by Howard Owens. (Apologies if we didn't use a picture we took of you -- many good pictures were lost because of photographer error.)

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OTB approves consultants’ plan for executive reorganization, approves jobs for two former Brown staffers

By Howard B. Owens
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CEO Byron Brown during Thursday's OTB board meeting.
Photo by Howard Owens

Shortly after the board of directors for the Western Regional Off-Track Betting Corp. approved Steve Casey as the first chief of staff at Batavia Downs on Thursday, his new boss, Byron Brown, reiterated that he had no involvement with Casey getting a job in marketing before Brown was named the new president and CEO of the corporation.

"I did not know he applied for a gaming license," Brown told a gaggle of reporters after Thursday's board meeting. "I did not know he was hired at Batavia Downs prior to me applying for the position.”

Casey's new position was created by an executive reorganization based on recommendations from consultants at True North. The board on Thursday approved a payment of $30,000 to True North for their consulting work.

Based on those recommendations, the board created a new executive organization with the following job titles:

  • Chief Executive Officer 
  • Chief Administrative Officer/Chief of Staff 
  • Chief Operating Officer
  • Chief Financial Officer
  • Vice-President of Operations
  • Vice-President of Business Development
  • Vice-President of Human Resources
  • Executive Office Manager
  • Director of Communications
  • Executive Business Administrator

The board eliminated the following job titles:

  • Director of Marketing
  • Director of Human Resources
  • Executive Chef

In addition to Brown as CEO and Casey as Chief of Staff, Ryan Hasenaurer was promoted from marketing director to vice president of business development. Danielle 
Fleming was named VP of Human Resources. Michael J. DeGeorge, who handled communications in the office of Mayor Byron Brown, was named director of communications at a salary of $130,000.

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Timothy Callan
Photo by Howard Owens

Brown said that based on the reorganization plan, he recommended Casey and DeGeorge for their new positions, which the board approved. Erie County's representative on the board, Timothy Callan, voted against the reorganization measures.

A number of media outlets have mistakenly reported that Brown hired Casey. On Wednesday, outgoing CEO Henry Wojtaszek told The Batavian he hired Casey not long after Casey first contacted him about a job back in May, months before there was an announced plan to replace Wojtaszek. Wojtaszek told Casey he would need to get a gaming license, which he did. Casey started working in marketing at Batavia Downs before the board hired Brown to replace Wojtaszek.

In an exclusive interview with The Batavian on Thursday, Casey confirmed that series of events with some additional details.

At 58, Casey said he started thinking about his retirement and that perhaps he should try to get back into the state's retirement system. While he's never been close with Wojtaszek, he's known him cordially for years, so in May, he decided to give Wojtaszek a call.

Casey said, "I'm thinking, 'Okay, it might be time to get back in. Where would I like to do that?' I think you saw a bit of chaos in Erie County. So I'm thinking, 'Where would a good spot be to go?' I knew Henry. We weren't close, but Henry and I, over the years, crossed paths, and I know him pretty well, so I reached out to Henry. 'Hey, any openings? I'd like to get back in the pension system.'"

Getting a gaming license normally takes weeks. Casey's was approved in about a week. Casey wasn't ready to start that soon so he didn't start working at the casino until September.

One of the issues Erie County reporters have raised regarding Casey is a wire fraud conviction against his former consulting company, LSS Strategies, in 2021. That came after a five-year FBI investigation that resulted in a $69 fine. 

"That application was the most comprehensive document I've ever seen," Casey said. "I literally sat with my attorney, and together, we went through it, answering all the questions, disclosed everything we possibly could so they could then make a decision. And fortunately, they came back and said, there's nothing there.”

Casey said the Gaming Commission was "100% fully informed."

"The most important factor was Steve Casey, as an individual, I don't have a point on my driver's license. I don't have a misdemeanor. I don't have a felony. There's nothing against me as an individual,” he said.

Casey said he didn't learn that Brown was a potential candidate for the job until August or September.

"I've kept in touch with the mayor over the years since I left city government, but when I first came here, it was not based on whether the mayor would come here," Casey said. "He was still in the middle of his budget stuff in May. You're looking at April, May, June. So, my coming here solely had to do with me looking at opportunities for my pension and getting back into government."

Casey is excited, he said, to take on his new role at the OTB and is already impressed by the quality of the people he will be working with.

"I can tell you, I started at the bottom level here," Casey said. "I was seeing everybody on the floor, talking to all the employees here. They didn't know who I was. They didn't know my background. Extremely professional, incredible staff, very talented. 

I'll tell you one specific example," Casey added. "The CFO here. I've worked in Albany, in Albany for nine years and in government for 24 years. I've seen some of the best budget directors you've ever seen, from the speaker's budget director to the governor's budget director. Jackie Leach is by far one of the single most talented CFOs I've ever seen. She knows everything about this place, the institutional knowledge, and her ability to do what she does here. I mean, it's a top-notch staff, and I'm looking forward to working with such a talented staff."

Previously: Information provided by OTB leaders contradicts widely reported accounts of staff hiring at Batavia Downs

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Steve Casey, new chief of staff at Batavia Downs.
Photo by Howard Owens.

BREAKING: OTB board names former Brown aide as chief of staff

By Howard B. Owens

Steve Casey, former deputy mayor in Buffalo under Byron Brown, has been appointed chief of staff for Western Regional Off-Track Betting. 

The board approved creation of the position and hiring Casey as part of an executive restructuring plan. 

Casey applied for a job with OTB in May and obtained a part-time job.  He was deputy mayor under Brown, until 2015.  Brown was recently named CEO of OTB.  

Casey is receiving a one-year contract worth $190,000. 

Michael DeGeorge, also a former assistant to Brown, has been hired by the board as director of communication, at a salary of $130,000.

More TK

Information provided by OTB leaders contradict widely reported accounts of staff hiring at Batavia Downs

By Howard B. Owens

Byron Brown had no involvement at all in Steve Casey landing a part-time marketing job at Batavia Downs, said Henry Wojtaszek on Wednesday night.

Wojtaszek is the outgoing president and CEO of the Western Regional Off-Track Betting Corp., and Brown, a former five-term mayor of Buffalo, is his successor.

Steve Casey, until 2015, was Brown's deputy mayor.

Multiple media outlets in Erie County and Genesee County reported over the past few days that Brown either hired Casey or implied that Brown was involved in the decision to give Casey a job.

Both Wojtaszek and Brown provided information that contradict those reports.

"I had no influence in hiring Steve Casey at all," Brown told a gaggle of reporters outside a closed committee meeting at Batavia Downs on Wednesday.

Wojtaszek said that while he's not friends with Casey, they've known each other for several years. In May, Wojtaszek said, Casey asked about a job, saying he wanted to get back into the state retirement system. After going through the application process for the job, Casey applied for a state gaming license and received his license about a week later, Wojtaszek said. He started work in late July or early August. Casey received his harness racing license in August.

In late July, the OTB board voted to negotiate a buyout of Wojtaszek's employment contract and announced the formation of an executive search committee.

Board Chairman Dennis Bassett refused to share the names of candidates with reporters throughout the search process, even while there was speculation that Brown was a candidate. Brown said he didn't even consider applying for the job until he learned of Wojtaszek's eventual departure (Wojtaszek's last day is Dec. 31).

Wojtaszek told The Batavian that Bassett even kept the names of candidates from him. He didn't know Brown was a candidate until Brown's name was brought to the board in September for a vote.

Media reports suggest Casey is a controversial hire. In 2015, the FBI launched a five-year investigation into an allegation that he stole funds from one of his political consultant candidates, Charles Swanick. The result of the investigation? A conviction for wire fraud with no jail time and no probation. He was ordered to pay a $69 fine and fork over $8,283.59 in restitution. The crux of the dispute, according to a report by WGRZ: Swanick thought Casey had agreed to work for free.

Asked about the conviction on Wednesday, Brown defended Casey's employment at Batavia Downs.

"When you look at Steve Casey's actual record, he has no record, so there is no prohibition to him being able to work here, as I understand it," Brown said. "He was hired prior to me being hired, and he has a gaming license, which I understand he got before me getting one."

Pressed to discuss the conviction, Brown said the issue is more complex than sound bites can convey.

"Again, I'm not going to go into those details in a sound-bite fashion," Brown said. "It would be unfair to that individual. There's a lot more to it than that. I don't think it would be fair for me to try to discuss in, you know, a 20-second soundbite." 

For those questioning whether Wojtaszek, a Republican, would hire Casey, a Democrat, Wojtaszek said party affiliation is not part of the hiring process.

"Honestly, I can tell you this -- I mean, I know Steve is kind of a high-profile guy -- but I have no idea what the political affiliation is of the people we hire," Wojtaszek said. "I have no idea."

He said that outside of one staff member Wojtaszek has known for years, he never talks politics with his staff.  

"I have no idea what they're registered," he added. "I believe that this organization is not a political organization. That's why I love Dennis (Bassett). He's like, 'I'm a Democrat. That's my ideology. But when I come here, we don't, we don't discuss that.' He says, 'I know where you come from. You know where I come from, but let's work through this thing.'"

Brown told reporters on Wednesday that he has no idea what future position Casey might hold at Batavia Downs. There was no promotion or switch to full-time proposal before the board at Wednesdays meeting.

"As I move forward, I would certainly consider him for a position," Brown said.

Previously: Reports of Byron Brown hiring former staffer are incorrect

OTB board continues discussion of hotel expansion at Batavia Downs

By Howard B. Owens
batavia downs hotel
Batavia Downs Hotel
2016 file photo by Howard Owens.

Expanding the Batavia Downs Hotel seems like a good idea to Byron Brown, who discussed the idea in his first board meeting on Wednesday since starting his new position as president and CEO of Western Regional Off-Track Betting.

"The board has started looking at expanding the hotel, certainly predating me," said Brown. "I have been in a number of briefings on the hotel; there are several outside consultants and expert entities who have been hired to help the board evaluate the potential of expanding the hotel. From what I have been able to see and review, it looks like it makes sense to me."

Brown did not disclose any specifics on the proposals the board is reviewing. Wednesday's discussion took place behind closed doors. Brown said the expansion would take place on the current Batavia Downs property. The board has not discussed purchasing additional property he said.

"A lot of questions came up in the executive session that the board went into to discuss the hotel," Brown said. "I thought the questions were right on target, and I think the board will make a sound decision about whether to expand the hotel or not to expand the hotel."

After Kmart closed in 2018, WROTB attempted to purchase the property but lost out to Benderson Development. While Benderson built space and leased it to three franchise operations, the main Kmart building remains vacant. Brown said he has not heard any talk of WROTB attempting again to purchase the property.

The 84-room luxury hotel opened in 2016. It was originally constructed and operated by ADK Hospitality, a Buffalo-based company. It costs ADK $5.4 million to build the hotel. The OTB purchased the hotel in 2021 for $8 million.

The purchase, Brown said, "has led to this corporation becoming a lot more profitable. So purchasing the hotel in the first place was a very good decision. From my perspective, just being able to evaluate this during the week that I've been here, I think expanding would be a good decision as well. But again, I don't want to try to speak for the board."

 

 

Reports of Byron Brown hiring former staffer are incorrect

By Howard B. Owens

Contrary to reports in other media outlets, Byron Brown, the new president and CEO of Western Regional Off-Track Betting, says he did not hire a former mayoral office staffer at Batavia Downs.

Steve Casey, a former deputy mayor in Buffalo, does work for Batavia Downs but he was hired by Henry Wojtaszek before Brown even applied for the job, Brown told The Batavian between committee meetings at the casino on Wednesday.

Brown said he did not have details about Casey's employment and referred those questions to Wojtaszek. Wojtaszek said he would answer questions after he has a chance to brief the board of directors on the matter.

This story will be updated as information becomes available.

Jailhouse statements Elmore made to detectives without attorney can be used at trial, judge rules

By Howard B. Owens
elmore wilcox

When Michael L. Elmore, being held at the time in the Genesee County Jail, learned on March 10 that Sgt. Thomas A. Sanfratello had died following a disturbance at Batavia Downs; he waved his hands and exclaimed, "No, no, no, no, no, no, no."

He then told Det. Jason Iverson, "I didn't kill nobody, bro."

Until then, Elmore apparently didn't understand why he was being held in jail along with his girlfriend, Lyndsey Wilcox.

His statements are included in a decision by County Court Judge Donald O'Geen in response to a motion to suppress statements by Elmore while in custody before he was charged with a crime.

O'Geen ruled that Elmore's statements were either made voluntarily when not being questioned or after he had been read his Miranda Warnings so the statements could be used at trial. The trial of Elmore and Wilcox is currently scheduled for June.

 The Batavian obtained the motions and decisions issued so far in the case after they were made public recently.

Elmore is charged with multiple charges for his alleged attack on Sanfratello, including aggravated manslaughter in the first degree, and Wilcox also faces several charges, including burglary and assault.

According to O'Geen's written decision, the judge reviewed video from a body-worn camera that was left sitting on a desk so it could record Elmore and Wilcox (in separate cells) while they were being detained. He said five hours of footage were captured.

Most of the time, Elmore was quiet.

"At other times, he is heard on the recordings casting insults and threats at corrections officers demanding to know what charges he faces, and talking with his co-defendant Lyndsey Wilcox," O'Geen writes.

When Ivison first arrived with Det. Eric Hill, Elmore said, "I just want to know what's going on."

Ivison told him, "we'll go over that" and told him, "we're here to talk about what happened at Batavia Downs." 

The detective informed Elmore that they were trying to figure out what happened. That they had reviewed video footage and talked with multiple witnesses.

"I gotta refuse ... " Elmore says before Ivison interrupts him.

"Hold on. Before you start, I want to go over a couple of things and make sure you understand your rights."

Then Ivison says, "I also want you to know that the deputy that was there, I don't know if anybody told you this yet or not, but he died."

O'Geen states that Elmore was visibly upset by the news and makes his statement about not killing anybody.

"We're not saying you did," Ivison says. "We're just trying to get your side of the story. I'm just being up front and honest."

Elmore interjects, "I gotta refuse the services of a  ... " and O'Geen says he breaks off at the letter "L." 

O'Geen writes, "Suggesting that he might have intended to say the word 'lawyer." What word he intended is a matter of speculation, however, because he did not say it."

Iverson interrupted and told him he would advise him of his rights, which he did. Elmore did not ask to speak with an attorney before answering questions. 

O'Geen does not include any further portion of the interview.  He ruled last month, "The court finds the people have shown beyond a reasonable doubt that the defendant's statements to law enforcement were voluntary."

In a separate ruling, O'Geen said Wilcox could stand trial on a burglary charge.

Her attorney argued in a separate motion that case law precludes the burglary charge because, in his view, there was no evidence she stayed at Batavia Downs after being told leave with the intent to commit another crime. A burglary charge requires a person to enter or stay on premises unlawfully with the intent to commit some other crime.

O'Geen found there was sufficient evidence of intent for a jury to consider the charge.

St. Paul's accused in civil suit of inadequately supervising principal who admitted to child sexual conduct

By Howard B. Owens

St. Paul Lutheran Church and School is facing a lawsuit stemming from the conviction of a former principal to a child course of sexual conduct charge in June 2023.

The suit alleges that the church was aware of complaints of inappropriate conduct toward young girls and failed to act to protect the children.

In an answer filed with the Genesee County Supreme Court, St. Paul's denies all of the substantial allegations and moved to dismiss the case.

The next hearing in the case to consider motions is on Nov. 7.

Jason Clark worked for the school for 20 years and was named principal in 2019.

He admitted to sexual course of conduct with a child after initially being charged with two counts of sexual conduct against a child in the second degree. He was accused of sexual behavior with a child less than 11 years old over two separate periods in 2014 into 2016.

The child's guardian filed the lawsuit on behalf of the child. The child and guardian are only identified by initials in the suit.

The suit seeks "attorneys’ fees, costs, pre- and post-judgment interest, compensatory damages, punitive damages, and such other relief as this Honorable Court deems just."

Clark is not named as a defendant in the suit.

The 13-page complaint contains numerous allegations (some repeated under the multiple sections of the complaint).  

The plaintiff's attorney, Nathaniel L. Foote, from a law firm in Harrisburg, Pa., makes multiple representations about events and actions underlying the claims.

These include:

  • "Prior to the cessation of Plaintiff’s abuse by Clark, employee(s), volunteers, and/or agent(s) of St. Paul, including administrators with the power to take corrective action, became aware of Clark's inappropriate behavior toward minor female students."
  • "... Clark kissed a female student while consoling her while alone with her in a staircase."
  • "... Clark tickled and hugged multiple children and placed children on his lap."
  • "Parents reported they were uncomfortable with this behavior to St. Paul."
  • "Parents’ reports to St. Paul about Clark’s uncomfortable behavior with students was known to St. Paul’s leadership prior to the cessation of Plaintiff’s sexual abuse."
  • "Clark admitted to sending a 'warning' to the parents of his students that he is a 'hugger' and acknowledged hugging children is not easily accepted by people as it is by a female teacher."
  • "Such behavior put St. Paul’s leadership and administration, including Pastor Allen Werk, on actual notice that Clark posed a risk of sexual harm to St. Paul’s students."

In its answer, filed by attorney Michael E. Appelbaum of Buffalo, St. Paul's denies all of these allegations except for the assertion that Clark sent the "warning" to parents.

Foote asserts that St. Paul's was negligent in allowing Clark access to vulnerable students, failed to provide adequate supervision, and took no precautions to prevent his client's injuries.

The church denies these allegations.

In response, Appelbaum states, in what is called an 'affirmative defense,' that the plaintiffs failed to state a claim that led to any relief ordered by a court. He said the complaint violates the applicable statute of limitations. He says the complaint fails to show that his client breached any lawful duty owed to the plaintiff. He also suggests a third party, to the church, is responsible for any damages. On legal grounds, he states, many of the claims made by the plaintiff ar barred because the damages were not caused by his client.

In the tenth affirmative defense, he states that "any alleged injury and damages sustained by the plaintiff were worsened by the plaintiff's failure to act to mitigate such injury and damage."

He also suggests that the plaintiff may have received settlement funds, barring any further recovery of damages.

Bergen man accused in federal court of possessing illegal machine guns, gun parts in multiple locations

By Howard B. Owens

Peter Celentano, of Bergen, was charged in U.S. District Court on Tuesday with illegal possession of machine guns.

Authorities searched his residence on Rochester Street and property associated with him in Lyndonville and Medina.

The Medina search also involved a dive team recovering from the bottom of the Erie Canel a box with 10 AR-style receivers, an unmarked gun, magazines, and other firearm parts.

According to U.S. Attorney Jeffrey E. Intravatola, the searchers on Sept. 29 in Bergen recovered two 3D-printed pistol frames, firearm parts and accessories, ammunition reloading equipment, an AR 80% style Jig and drill, a drill press, and various other tools related to firearm manufacturing. 

Investigators also searched two properties in Lyndonville and an apartment on East Avenue in Medina, recovering numerous AR-style lower receivers, 3D-printed handguns, and additional firearm parts and accessories. Approximately 59 of the AR-style receivers contained a “third pinhole,” qualifying them as machine guns, according to Intravatola.

The search warrants were executed by the State Police, Genesee County Sheriff's Office, and ATF. 

If convicted, Celentano faces a maximum penalty of 10 years in prison and a $250,000 fine.

New OTB CEO: 'I'm not coming here to be a politician'

By Howard B. Owens
byron brown

Byron Brown, the former five-term mayor of Buffalo is stepping into his new role as president and CEO of Western Regional Off-Track Betting/Batavia Downs. Last week, The Batavian sat down with him for an interview.

Brown said is primary focus is on running the OTB as a business, growing revenue and increasing profits for the 17 municipal owners.

"I'm not coming here to be a politician. I'm coming here to be a focused business executive," Brown said.

He didn't follow much news about Batavia Downs before learning of the search for a new executive to replace Henry Wojtaszek.  He said he has little knowledge of prior controversies. The evidence he sees so far is that Wojtaszek did a good job running the organization and he sees no signs, as some have charged, of corruption.

"Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel)," Brown said. "I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities."

He will leave it to the board to set OTB's legislative goals, but he is confident he can help the board achieve those goals.

"As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York," Brown said. "Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years."

Here is a full transcript of the interview:

The Batavian: If you were speaking to all of Genesee County right now, how do you introduce yourself?

Byron Brown: I introduce myself as a person who's been selected to be the president and CEO of Western Regional off-track betting Corporation. I am very pleased with this opportunity to move in a different professional direction and to extend my years of public service. I will be working in a corporate environment, but serving 17 member municipalities and trying to raise the revenue that Western Regional Off-Track betting Corporation provides to 17 member municipalities, including Genesee County,

Having served as Mayor of the City of Buffalo for over 18 years, I understand how important these revenues are in the city of Buffalo's budget, and I know that they are important to the budgets of the other 16 municipalities that receive proceeds. I will work as hard as I can, as smart as I can and as collaboratively as possible to continue building this organization and making it even more profitable. It is already profitable, but I aim to help make it even more profitable.

Q: One of the things Dennis Bassett said to me is that relative to Monroe County, Erie County, and Buffalo, the revenues for Genesee County and the other rural counties are more significant. Even though the revenue is smaller, numerically, it's much more significant budget-wise. Is that something you're aware of, and want to ensure that it is maintained?

A: It is definitely something I'm aware of. I'm aware of the revenue that goes to all of the 17 member municipalities, for all of the municipalities, including the smaller municipalities. Not only do I want to maintain the revenues that they are receiving, I want to grow the revenues that they're receiving.

Q: Any hobbies or interests? What do you do when you're not a public servant? 

A: I have been pretty much a workaholic, but I like to walk with my wife. We have great parks in the city of Buffalo, so we walk some of those parks. I have some friends I cycle with, ride a bicycle, and I enjoy that. I don't get to watch a lot of TV, but I like Westerns when I do, and my wife and I are helping to raise our six-year-old great nephew and seven-year-old great niece. I like spending time with them, including our son, who is 34 now. Something my great niece and I have started doing together is watching Star Trek at eight o'clock before her bedtime.

Q: Which series are you watching?

A: The original.

Q.: The original, great. Starting her outright.

A: Yeah, starting her outright.

Q: I've seen everything. I grew up on Star Trek.

A: So I've, yeah, I've seen every episode many, many times over.

Q: I've seen all the other series.

A: I have, too.

Q: I've watched Discovery and everything.

You kind of touched on this, but just what attracted you to this job? Well, it's kind of a two-part question. What did you know about Batavia Downs before, and then what attracted you to the job when you found out it might be available?

A: I didn't know much about Batavia Downs before applying for the job or coming here, there were a couple of people that said, hey, this position is available. You should take a look at it. I did. The major thing that jumped out to me is its revenue to the 17 member municipalities. I was very attracted by that because I knew of the revenue that came to Buffalo. I didn't really pay much attention to the revenue that might have gone elsewhere. When I really researched where the revenue goes, I felt that the function of this organization was very important in Western New York and in the state of New York, and I saw it as an ability to move into a corporate environment. This is a public benefit corporation. It's got to be run like a business. I saw it as an opportunity to utilize the management skills that I've been able to develop over the years and, most importantly, help 17 municipalities in Western New York, including the city of Buffalo and Erie County.

Q: It sounds like you have a passion for municipalities. Does that come from your background as mayor?

A: It does. I have a passion for municipalities. Before I ever ran for any office, I had the opportunity to work at senior levels in city, county and state government. Before my five terms as mayor of the city of Buffalo, I was a member of the New York State Senate. I was in the Senate for three terms. One of the committees I served on was racing, gaming and wagering. So certainly, you know, I have exposure to that committee and its functioning, and before that, I was a member of the city council for three terms in the city of Buffalo. Because of those experiences, my alma mater, Buffalo State University, recruited me to teach a course with other professors at the university in municipal governance, and so I was recruited to be a professor of practice at Buffalo State and really leaned into not only my own understanding and learning about local government and municipalities but also the importance of those governments in our state,

Q: You were mayor of one of the finest cities in the state of New York. And it is the state of New York, and this (Batavia Downs) is a much smaller footprint; some might say that's a kind of, it's not even a lateral shift. It might be seen as being a bit of a step-down. I realize it's higher pay, but there's not the same jazz, is there?

A: You know, some people have said that. I don't feel that. I think all work is important, meaningful, and valuable. There are at least 430 people that work in this organization. Their jobs and ability to support themselves and feed their families are critically important to them. The revenues -- since this organization was established in 1973 and began paying proceeds to municipality municipalities in 1974 -- it is almost $300 million that has been paid out to the 17 member municipalities in that period of time. That's significant. That means something; those dollars go to all of those communities in Western New York. I saw it as exciting to be able to come in as president and CEO and not only maintain that but find ways to grow that. So, I see it as an exciting management challenge in an organization that has an important function in the state of New York, and I am honored to have been selected to do this work, which I think is important.

Q: One of the things I've talked with Dennis Bassett about is your legislative experience. That was, I think, a major selling point for him and the board. Please talk about your legislative goals and what you think you can deliver.

A.: My legislative goals are the board's legislative goals. The board will set a legislative agenda. Gaming is something that the board is looking at; maybe expanding the Video Lottery Terminal footprint is something else that the board is looking at, and reducing the tax rate is another.

Q: Explain the tax rate.

A.: The tax rate on Western Regional Off-Track Betting proceeds, so reducing the tax rate ...

Q: That goes to the state?

A: That goes to the state. If that were reduced, the proceeds to the 17 member municipalities would be increased. Those are some things in the legislative agenda that the board has talked to me about.

As mayor of the second largest city in the state of New York, I'm talking to state legislators all the time, not just members of the Western New York State legislative delegation, but state legislators all across the state of New York. Some of the state legislators I served with are still in the legislature, and I've stayed in contact with many. I've had to work very closely with Governor Kathy Hochul. Governor Hochul is a resident of the city of Buffalo, so I do have access to state legislators, I have access to the governor, and I have had open lines of communication with all of these individuals for many, many years. I can certainly have a conversation with them about what's important to this organization and 17 municipalities.

Q: We've talked about how good the revenue has been and the profits going to the municipalities. I've watched over the last few years the ramping up of events here, concerts, and other activities that help bring people here. Are those policies and practices you plan to continue, and what additions might you start?

A: The organization has done a good job in ramping up profitability, increasing hotel stays, increasing the number of events that are here, and when people come here for events, they often find themselves on the gaming floor, or they find themselves at the racetrack. All of those things help with profitability. So I certainly will continue those things. I'll be looking at -- are there additional things that we can do to bring more people here? I see Western Regional Off-Track Betting and Batavia Downs as kind of a resort-type experience in Genesee County in Batavia, New York.

Q: Do you support expanding the hotel?

A: I have been briefed on the hotel expansion. That is ultimately a decision that the board of directors has to make. But from everything that I have been able to review, from the pro forma I've looked at, I think that expanding the hotel would increase the profitability of this organization. It looks like a winning proposition. And when you look at all of the hotels in this geographic area, the Batavia Downs Hotel is, I would say, the most well-used of all of them. The percentage of people who stay at this hotel is higher than all of the other hotels in this area. So there's tremendous demand to stay here, to come here, and that certainly makes a case for expanding the hotel.

Q: Back to concerts. Are you a music fan?

A.: Yes, I'm a music fan. I like all kinds of music. I like country music, I like rock, I like soul music, I like jazz, and I like classical music. You know, people have been talking about the concerts that do really well here, and, you know, building on that concert experience, concerts --

Q: That's honestly one of my number of concerns. I like covering concerts here and I know Henry is a big music fan, so I want to see the concerts continue.

A: I'm a music fan. They will continue. What kind of music do you like to listen to?

Q: Pretty much everything you listed. Probably, primarily country, Americana, but I like a broad range. And one thing I've got to ask -- Buffalo? Rick James?

A: Definitely a Rick James fan, 100 percent.

Q.: I have almost everything he has on vinyl. I'd love to see the Stone City Band here sometime.

A: You know, I used to be a DJ in college, so I also have a pretty significant collection of vinyl. And so I have a number of Rick James albums. 

Q: That's great. 

A: You might even see me do some DJing here.

Q.: Oh, really?

A: Yeah.

Q.: Okay, that'd be great. When you do that, I gotta come down here and get some pictures. Come down and hang out, too.

We probably already touched on this, but I'd say specifically, more than on the legislative side, just as the operation of primarily Batavia Downs, but in general, are there other ideas that you have yet that you want to pursue?

A: It's a complex operation. There are a lot of good things that are happening out here. Three restaurants that do very well. I've eaten in all of them now. The food is very good. The service is excellent. I think about that very famous commercial, 'We don't want you to just like coming here. We want you to love coming here.' The hospitality is great here. The people in almost every facet of this operation are warm, friendly, and welcoming, and I think that translates to success.

I think, you know, building on the events that take place here and businesses being able to hold retreats here, there are a lot of things that can be done to bring more people here. I know coming up, Roswell Park Comprehensive Cancer Center is going to have a major event here. I think getting more events like that from corporate organizations at the facility is something that can be done. They're currently working on that. I look forward to working on that with my new colleagues. So I'm very impressed with the hotel and the operation. They call it a luxury boutique hotel. In my capacity, I've stayed in hotels all over the country, and it's a beautiful place. It's a beautiful space. It's comfortable, and it's a really nice stay. And I think, you know, the more people see what Batavia Downs has to offer, the more they'll want to come here.

Q: Henry's controversial figure. What's your estimation of how he's run the Batavia Downs? Do you think there are issues there with him? What's your estimation?

A: I did not know a lot about Batavia Downs before I applied for the position. To me, the talk about controversy is very new. Henry's been the CEO for 15 years (actually eight years as CEO and 15 years as general counsel). I had never heard any negative talk about the place until last year. So, being here, seeing how the staff operates, seeing how the staff interacts with him, seeing his command of the knowledge of how this organization works, I have been impressed with him as I've gone through the orientation learning about Batavia Downs, as I look at the financials, as I look at the earnings of this organization, it is very, very profitable. Whatever the controversy might be, Henry Wojtaszek is doing something right because this place is now earning record amounts of money, more than it has ever earned, and producing that revenue to 17 municipalities.

My goal will be to continue that profitability and grow that profitability. I will look at all of the issues that people have talked about in terms of their concerns about the operation and will be transparent in the management of the operation, but at the end of the day, this is a gaming resort-type business. It's got many competitors, and it has to be run like a business. It has to compete like a business so that it can earn the money that the business is expected to earn. So, my focus will be on business. Sound, management and no involvement with with politics whatsoever. I think the controversy is bred by Republican-Democratic politics. I'm not coming here to be a politician. I'm coming here to be a focused business executive. And that's that will be what I do,

Q.: That overlaps with the other question I planned to ask you. There are people, even in Erie County -- I'm sure you've seen the story -- who say you're a political appointment. What's your response to that?

A: Well, no, I'm not a political appointment. No, no. Political person. Well, let me say this: I'm not a political appointment. I had to apply blind. I had to go through a number of interview processes. I had to present credentials. I had to go through a background check, and there were 17 board members that had to evaluate my credentials and make a decision unanimously to hire me. That is not a political appointment. The appointment is based on the board, and its 17 members have confidence that I can do this job. My focus is going to be on the business of Western Regional Off-Track Betting Corporation without concern for politics of any kind.

Q.: I think it's Sean Ryan, Senator Kennedy, and Kevin Hardwick, the comptroller. I don't pay that close attention to Erie County politics, but at one time or another, I know at least Kennedy and Hardwick have, and I think Sean Ryan has -- They've called this organization corrupt. Is that a characterization you agree with? Is that a fair question? If that's not a characterization you share, how would you push back?

A: You know, I would say that in particular, Senator Kennedy and I are very close now, Congressman Kennedy; we've worked very closely on many, many things over the years. I can't go back to what people are talking about. I don't know of those things. I can only go forward, since I've been here with all of the documents I've been able to read and review, and it's voluminous, the meetings that I've been able to sit in with various staff, I see a sound operation that is well run. There are some different things that I would do. I certainly will try to erase that perception from everybody's mind. But I haven't seen since I've been here any evidence of (corruption).

Q: So, again, this goes with representing the feedback I get in the community. There's long been an accusation that Batavia Downs was a Republican patronage job. When the board changed to weighted vote, one of the first speculations was that Democrats want to make this a place for a Democratic patronage job. That usually is the biggest concern, say, with middle management. Do you have plans to make changes in middle management? Will party affiliation play any role in who you hire?

A: People's party affiliation and people's last names are of no concern to me. People's performance and qualifications are what I am concerned about. So if the employees here are performing well, we certainly want to see them stay. Anybody applying to come here, if they're qualified for the positions that they're applying for, should be considered. But party affiliation, last name, who's connected to, who? I'm not going to get into that at all.

Q: Okay, so that leads to my next question. It has been reported that there's an issue with Henry's son being hired. Do you have any concerns about him being hired here at his current job, and what's your position on him maintaining employment?

A: Again, the last names of employees that are here are of no consequence to me. I'm focused on the performance of every employee, and as long as the employees here are performing their job duties as expected, then they will be welcome members of this team.

Q.: Do you think there's anything inappropriate about his son getting a job here?

A: Again, I don't know the circumstances around that. I haven't even met the young man yet. So you know, my goal is to go forward, to evaluate performance, to evaluate the effectiveness of employees, and if people are performing their jobs properly and are effective in their jobs, that's my only concern. other

Q.: Another issue that's been raised is Henry getting lifetime health insurance. Do you think that's an issue?

A.: Again, whatever his benefit package was and whatever his benefits are in retirement, those are decisions that have been made by the board of directors. As the incoming president and CEO, those are not decisions that I have the ability to make, and I would suspect if the board made those decisions, they were within their right to make them.

Q.  This is pretty much my last question. I know this has been people talking around the community, including elected leaders, concerned that with the change to weighted voting for the board and the Democrats gaining more control, the real end game is to eventually sell this to Delaware North or the Senecas. Have you heard that? Do you have any response to that? What is your position on that?

A.: I have not heard anything like that. Again. This is a very profitable operation. It is a corporation that provides proceeds to 17 member municipalities. There are plans that I have seen to increase the revenues that go to 17 member municipalities in Western New York. And I wouldn't want to see anything happen with the organization that would financially disadvantage 17 municipalities in the state of New York.

Q: (After the recording was off, Byron Brown mentioned plans for a trip to Albany, so we asked him to explain it on the record.)

A: Albany? It's the New York Gaming Association Board meeting. So we'll attend with Henry. We'll see how the board meeting works. We'll meet some of the members of the board, and then we'll try to have some other meetings in Albany while I'm there just to hit the ground running. This is my second day; it's been a lot. There are a lot of lot of meetings, a lot of briefings, lot of stuff to read, and I'm looking forward to going to Albany to the New York Gaming Association meeting

Q.: While we're recording again, is there an excitement about being here? Is it a change you're excited about?

A.: I like the place. I'm excited about it. I'm excited about what the future holds for the place. I'm excited about what I think I can do to grow revenue, to grow excitement, to grow awareness of Batavia Downs. You know, I've looked at some demographics to see where customers come from. I think, you know, a lot more people could come from Buffalo and in Erie County. So certainly, I have some ideas on how to get more people to come here and enjoy what I think is a great experience.

Photos: BHS 2024 Hall of Fame Inductees

By Howard B. Owens
batavia-high-school-hall-of-fame-2024
Batavia High School's 2024 Hall of Fame inductees: Top row left to right: George Galliford, Ryan Darch, Robert Darch, Anthony Kasmarek 
Bottom row, left to right: Melissa Thurston, Nancy Arras (wife of late Peter Arras), Tricia Lewandowski, and Jennifer Adams Schuster.
Photo by Howard Owens.

Batavia High School inducted its Hall of Fame members for 2024 at Batavia Down on Saturday evening.

Previously: Batavia Blue Devils induct 9 into Athletic Hall of Fame on October 19

batavia-high-school-hall-of-fame-2024
The 2003 hockey team: Top row, Jesse Catino, Paul Barton, Brennan Briggs, Kevin Zola, Charlie O’Geen, Nick Priolo, Kevin Wigton, Justin Kocent, Dave Martinez; Bottom row, John Kirkwood, Nate Korzelius, Tim Lutey, Matt Lutey.
Photo by Howard Owens

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