Stories from

The City of Batavia is "ready to roll" out its presentation to a selection committee after receiving the news that it, once again, has reached the finalist stage in an Empire State Development Downtown Revitalization Initiative competition.

"We're ready to roll," said City Manager Jason Molino this morning, revealing that five city leaders will be representing Batavia on Thursday afternoon in downtown Rochester. "We will make a half-hour presentation, followed by 15 minutes of questions."

Molino said Batavia's presentation will focus on the 88-acre Business Improvement District in three distinct categories:

• Arts, culture & entertainment.

• Healthy living & wellness.

• Prosperity for all.

"It's all about creativity and innovation ... ways to enhance the quality of life," he said.

Molino said the fact that the city has just come through a 15-month Comprehensive Planning process should bolster its chances.

"We had a lot of community input during this time, which has helped develop our process," he said.

At Thursday's interview, Molino will be joined by City Council President Eugene Jankowski, BID Director Beth Kemp, City School Board President Patrick Burk and Batavia Development Corporation Coordinator Julie Pacatte.

Molino said he wasn't aware of what other three cities are finalists but did say that officials of those communities also would be presenting on Thursday.

Word that Batavia is one of four finalists spread quickly this morning. The Batavian found out via a message on Twitter this from City Councilman Adam Tabelski, 

"This is certainly great news for the community -- to be a finalist again," Tabelski said..

City officials filed the formal application for the $10 million award last week.

In 2016, the City of Batavia was a finalist from the Finger Lakes Region but eventually lost out to Geneva.

Press release:

The Genesee County Economic Development Center will hold a public hearing at 4 this afternoon to consider financial incentives for the Savarino Companies for the redevelopment of Ellicott Station in downtown Batavia. The public hearing will take place at City Hall.

The approximate 64,000-square foot development will be a mix use of residential, office and retail spaces; a brewery; small beverage warehouse and hops processing facility; entertainment and event area; outside seating; and integration of the new Ellicott Trail pedestrian pathway.

The $17.6 million project is estimated to create up to 60 good paying full-time jobs.

The proposed incentives include $897,293 in sales tax savings, $128,232 mortgage tax savings and $537,398 in property tax savings. 

The project is being done through the “Batavia Pathway to Prosperity” (BP2) program which was created through an inter-municipal agreement between the City of Batavia, Genesee County, the Batavia City School District, the Batavia Development Corporation and the GCEDC.

BP2 was conceived to pool resources in order to invest in distressed areas in the City of Batavia. The BP2 program will be implemented though PILOT increment financing (PIF), referred to as the “BP2 fund,” which is the first of its kind in New York State where all local taxing jurisdictions are participating. 

Supported by the redirection of 50% of new project PILOT payments, the BP2 fund will play a critical role in generating development within the Batavia Brownfield Opportunity Area (BOA), a 366-acre area within the City of Batavia containing five strategic redevelopment sites. 

John Kennedy Intermediate School is beating the odds when it comes to educating "economically disadvantaged" students.

That was the word from Molly Corey, executive director of curriculum and instruction for the Batavia City School District at the district's board of education meeting Tuesday night at Batavia High School.

Corey reported on a "Beating the Odds" conference last Thursday at SUNY New Paltz that she and JK Principal Paul Kesler attended.

Moreover, Kesler was the speaker in one of the breakout sessions at the conference, which was coordinated by researcher Manya C. Bouteneff, Ed.D..

Bouteneff is the director of Better Outcomes LLC, an organization devoted to creating high-performing environments so that students in traditionally underperforming demographic groups can succeed.

"John Kennedy (School) was selected as a result of (Bouteneff's) research, and placing in the top 10 of her findings," Corey said.

Criteria used by Bouteneff to identify high-achieving schools outside of New York City and not charter schools include the following:

-- 40 percent or more poverty;
-- 25 percent or more of ED students scoring 3 or 4 on the 2016 NYS ELA;
-- 65 percent or more of ED students scoring 2, 3, or 4 on the 2016 NYS ELA;
-- 30 or more ED test-takers;
-- no admissions criteria other than residency;
-- no in-district school choice.

Of 177 schools, just 16 percent of those eligible met these criteria.

Kesler's presentation -- Clear and Loving Structures: How Our “What I Need” (WIN) System Builds School Culture and Ensures Every Student’s Needs Are Met -- focused on how John Kennedy utilized its PBIS (Positive Behavior Interventions & Supports) team to help build its school culture and how JK students (grades 2-4) have benefited from having clear and loving structures. 

He also shared the processes for training JK teachers to become leaders within the school.

In other developments, the board:

-- Approved the cross-country team's trip to the Manhattan Invitational in New York City from Oct. 13-15. Coaches Bill McMullen and Rich Boyce reported that fundraising will take place in anticipation of keeping the per student cost to around $200 for a three-day weekend.

-- Established the Batavia City School District Foundation scholarship, a $250 gift to a graduating senior, commencing with the 2018 graduation ceremony. The foundation accepts tax-deductible donations throughout the year. For more information, send an email to ljohnson@bataviacsd.org.

-- Presented Andy Pedro with a "golden ticket" -- free lifetime admission to any Batavia High School home sporting event -- for his nine years of service as a board member.  Tuesday's meeting was the last one for Pedro, who served six years, took a year off, and returned for three more years.

Superintendent Christopher Dailey praised Pedro for his work on the Building & Grounds Committee, pointing out Pedro's "guidance, calm demeanor, common sense, and sense of humor."

-- Thanked Madison Moore, student ex-officio on the board for 2016-17, for going above and beyond expectations. Dailey said her "professionalism and knowledge" contributed greatly to the board's success.

Community, Teacher Award Recipients: The Batavia City School District presented Certificates of Appreciation to several community members and teachers at Tuesday night's Board of Education meeting. Starting with photo at top, Board President Patrick Burk recognizes Julie Tryon and Korinne Anderson as outstanding community members for their volunteer service, and the Batavia Middle School Parent-Teacher Group -- from left, Michelle Dillon, Lisa Shell, Jennifer Burke, Michelle Bromsted and Kathy Fulton. In bottom photo are Jackson Primary School teachers Elizabeth Mundell and Anne Marie Koukides.

Photos by Mike Pettinella.

More police presence at Austin Park and less parking on Thorpe Street.

Those are the hopes of two Batavia residents who let their feelings be known at Monday night's City Council meeting at City Centre Council Chambers.

Sandy Merkle, of 6 Thorpe St., a narrow small street on the city's Southside, said all she wants is a sign put up prohibiting parking near the corner of the street to enable her to safely enter and exit her driveway.

"I've talked to the neighbors about it, but they're renters ... and they say, 'we pay our rent,' " Merkle said.

Council members readily responded to her request, with Kathleen Briggs stating that "something has to be done" and Rose Mary Christian adding that "there should be signs for no parking near the corner and also for no parking on one side of the street, and tickets should be given to violators."

Council President Eugene Jankowski noted that Police Chief Shawn Heubusch is "responsible" for handling this matter and has the "authority" to correct the situation without City Council action.

As far as Austin Park is concerned, Sonya Alwardt, of 335 Bank St. said she was extremely disappointed in the response she received from City Police when she called on them to break up a fight there around 6:30 p.m. on Sunday.

Alwardt said she saw a group of 10 to 20 people fighting when she took her 6-year-old child there to play. She said she called the police but was dismayed that it took a long time for them to respond and that the crowd wasn't disbursed promptly.

"I told officers that I didn't feel safe, but was told that they had a lot of pending calls to take care of," Alwardt said. "How is protecting children not a priority?"

At the end of her comments, Alwardt said she would not go to Austin Park anymore.

"It's a shame that you can't bring your children there," Christian said, before asking Heubusch to increase patrols there.

Jankowski said the matter "could have been resolved by Alwardt speaking to the (police) supervisor" on duty that night, and not having to come before City Council.

Councilman Robert Bialkowski agreed with Jankowski and added that Council "needs to set an example."

"If it happens again, there should be arrests," he said. "This is not tolerable."

Following the meeting, Heubusch could be seen speaking with Alwardt.

In other action, Council:

-- Approved a resolution to extend the current sales tax allocation agreement with Genesee County -- a pact that is set to expire next February -- through Dec. 31, 2018 in order to buy more time as negotiations between the city and county continue.

"The only reason we're extending it is that part of the process will require 16 or 17 small municipalities to renegotiate their water contracts (with the county)," Jankowski said. "That could be a major holdup. Just to be safe, we're extending it so we don't run out of time."

Calling it a "complicated process," Jankowski said the city is at the "fact-finding stage" and can't go further until the municipalities reach their agreements. He said the Genesee County is on board with the extension and likely will be passing a similar resolution.

Currently, the terms of the sales tax agreement provide the city with 16 percent of the sales tax generated in Genesee County, with the towns and villages splitting 34 percent (based on assessed valuation) and the county receiving 50 percent.

The contract is tied in to the city/county water treatment agreements as well, which leads to the complications cited by Jankowski.

-- Approved a resolution to transfer $35,000 from reserve funds to replace the message board at Dwyer Stadium, hopefully prior to the start of the New York-Penn League season later this month.

Originally, that money was earmarked to replace seats at the Denio Street ballpark, but Council deemed that the scoreboard was a more immediate need.

-- Commended Doug Cecere for his exemplary performance as a city firefighter for 24 years. Cecere recently retired.

City Council Recognition: Proclamations were the order of the day (or night) Monday as City Council honored several Batavians with City Recognition Awards.

From top photo to bottom, Councilman John Canale recognizes Jennifer Reardon as Homeowner of the Year for her "little library" and outstanding flower gardens at her Washington Avenue home; Councilman Robert Bialkowski congratulates Anthony Condello as Community Volunteer of the Year for his work with the Farmer's Market, Downtown Batavia Business Improvement District and Holland Land Office; Bialkowski honors Mike Barrett of Batavia Marine & Sporting Supplies as owner of the Business of the Year; and Councilwoman Kathleen Briggs reads a proclamation extolling the achievements of Eagle Scout Christopher James Neal.

Photos by Mike Pettinella.

The Genesee Region USBC bowling association inducted Robert J. "Bob" Foss Jr. posthumously into its Hall of Fame at an awards banquet Saturday night at Batavia Downs Gaming. Representing him are, from left, his brother, Jim, and children Cassidy and Curtis. Foss won many tournaments, including the GRUSBC Masters and Memorial Scratch Eliminator. He died last October at the age of 55. For more, click on the Pin Points tab at the top of this website's home page.

DePaul Properties Inc.'s proposal to construct a 60-unit multifamily residential building on Mill Street in the Village of Le Roy moved forward Thursday night when the Genesee County Planning Board approved a special use permit, site plan review and area variances. 

Planners unanimously signed off on the requests, which called for a lot size of 64,904 square feet (less than the 128,000-square-foot minimum); front yard setback of 9 feet (less than the 30-foot minimum), and 42 parking spaces (less than the required 60 minimum).

However, the board did recommend modifications relating to the DePaul Apartments project's impact on the environment and archaelogical resources, and requiring a Stormwater Pollution Prevention Plan prior to final approval from the Town of Le Roy. Planners also recommended that DePaul work with the Genesee County Sheriff's Department to ensure that the address of the property meets Enhanced 9-1-1 standards.

The project, which is earmarked for 39 and 43 Mill Street in a Residential zone, now will go before the Village of Le Roy Zoning Board of Appeals and then to Le Roy's joint Town-Village Planning Board.

Matt Carrigg, an attorney for Nixon Peabody, represented DePaul at Thursday's meeting.

He said the modifications recommended by the board would be addressed, adding that upon further approvals, DePaul would submit a funding application to New York State.

The three-story apartment building would go on a site currently occupied by the old Lapp Lumber building.

In other action, the board denied area variances for a truck repair/sales service and education center earmarked for State Street Road, south of the Thruway, but approved with modifications the owner's special use permit application.

Debbie Gawron, of Buffalo, owner of Fleet Maintenance Inc., asked for signage on the proposed building that was well beyond the maximum area allowed and the number allowed, prompting planners to recommend denial due to the potential impact upon neighboring residential properties.

Recommended modifications include documentation as to the project's impact on the environment and archaelogical resources, wetland update and adherence to storage requirements.

City Republican Committee Chairman David Saleh's confidence in his party's slate of candidates soared Monday night with the news that former Genesee County Sheriff Gary Maha will be running for a seat on the County Legislature.

"All of our County Legislature candidates have done a very good job and Gary will be a great addition," Saleh said this morning, hours after City GOP representatives endorsed Maha for the legislature's Ninth District seat, a position that covers the City of Batavia's fourth and fifth wards.

"With a new (county) jail a major issue, and other key decisions to be made, Gary's experience is unparalleled."

City Republicans also backed City Council President Eugene Jankowski Jr. and At-Large Councilmembers Bob Bialkowski and Adam Tabelski for at-large positions in November's elections.

"We've got good continuity on City Council and we're going in the right direction," Saleh said. "In terms of experience, these three men bring value to city residents. All in all, we're very hopeful for November."

Jankowski has served as City Council president since 2016, and will be seeking his second term on the board.

Saleh said the GOP committee will conduct its chicken BBQ fundraiser on May 21 and "pull together with the candidates to prepare for the election."

The proverbial “cupboard” is bare.

That’s the view of City Manager Jason Molino, who, in a letter dated April 10, 2017 and obtained by The Batavian in a FOIL request, indicated to the president of the Mall Merchants Association that the group has run out of money.

“Aside from prior year concerns, the Association’s cash position for the current fiscal year is at a deficit,” Molino wrote. “On April 5^th, the City recorded a payroll and payroll taxes transfer for the Association in the amount of $3,285.43. However, mail maintenance fees and revenue to date have only totaled $2,170.67. Therefore, the current cash position for the Association is a deficit of $1,114.76.”

The prior year concerns referred to by Molino are what he estimates as $18,000 in attorney fees and material costs expected to come in for February and March of this year.

“The estimate was based on prior year expenditures and the average of material costs from November through January,” he wrote.

Molino went on to state that the City needs cost summaries for services provided in February and March before it can complete its pre-audit preparation work and “make final payments with remaining cash balances for the prior year.”

Per the 1987 Settlement Agreement between the City and the Mall Merchants Association, the City is required to maintain all Association billing and accounting activities, with the Association’s funds subject to the City’s annual audit.

Molino’s letter paints a bleak picture in terms of the Association’s finances, and could further complicate the parties’ quest to ratify a proposed 11-point settlement framework released to the public in February.

At that time, Molino outlined a “settlement framework” for the City and Mall Merchants Association to end their lengthy dispute over maintenance and operation of the City Centre Mall.

That proposal calls for the City to retain ownership of the downtown facility's concourse, pay 100 percent of capital improvements and take care of mall maintenance and operations.

City Council signed off on the plan and expected the merchants to do the same.

Since then, an attorney for the merchants said the Association would not be agreeing to any settlement that didn’t grant easements for pedestrian and vehicle traffic for each property owner in the mall, and also accused the city of trying to force a settlement by “hoarding” nine foreclosed properties and refusing to pay maintenance fees.

Robert Chiarmonte, president of the Mall Merchants Association, reportedly is out of the area until Tuesday and could not be reached for comment.

However, Madeline Bialkowski, director of the mall, said today that Molino is misrepresenting the Association’s account by exaggerating the attorney fees and material costs for February and March.

“All of our actual bills are supposed to be turned in by next week, and we are asking our attorneys to get us their billing,” she said. “Actual bills will be much less than estimated. There won’t be a deficit once these bills come in.”

Bialkowski added some merchants have made their mall maintenance fees’ payment in advance and that she and her staff of three part-time employees are being paid.

According to documents obtained by The Batavian last month through a FOIL request, the merchants have paid their attorneys $212,056 since starting the litigation against the city in 2009.

Batavia City Council members on Monday night decided to make the city a bit more "vibrant" this summer by passing a resolution to allocate $4,000 to the Picnic in the Park event at Centennial Park on the Fourth of July weekend.

The funds will be transferred from the committed fund balance -- money from the now-defunct Vibrant Batavia initiative -- to the general fund. As of March 31, the committed fund balance was $52,611.

Council's vote was 8-1 with Rose Mary Christian dissenting.

"I stated before that this would get a precedent started -- and I think that is what is going to happen," she said.

City officials and event organizers have said that the Picnic in the Park was in danger of not continuing beyond this year due to budget constraints.

With the contribution, the city will be named as a sponsor of the 2017 event, which reportedly will include a Beatles tribute band.

Chris Bardol tacked on another 800 series (811) while Harris Busmire struck on 30 of his last 31 deliveries for 277-300--791 in G&W Vending League play last week at Rose Garden Bowl in Bergen.

For a list of high scores from the week of April 4, click on the Pin Points tab at the top of this page.

Fans of Mike Pettinella's Pin Points column can read his article a day early this week as it will appear on Wednesday, exclusively on The Batavian, the area's No. 1 source for online news.

DePaul President Mark Fuller says the proposed DePaul Batavia Square Apartments on East Main Street, an 80-unit complex for income-eligible tenants, is his way of giving back to the community that he calls home.

"I grew up in Warsaw, went to RIT, and worked at Eaton, Yale & Towne before finding out I didn't like what I was doing," said Fuller, opening a presentation about the project at Monday night's Batavia City Council meeting.

"I then worked for the county, met my wife, Michele (Rapone), and we've been married for almost 40 years. My kids went to Notre Dame and I live in Le Roy, I'm Genesee County through and through."

Fuller, along with DePaul Vice President Gillian Conde, attorneys Ashley Champion and Jonathan Penna, and architect Joe Gibbons, shared details of their plan with Council, which later passed a resolution -- with Alfred McGinnis casting the lone "no" vote -- to introduce a necessary ordinance to change the zoning in the vicinity of the Batavia Gardens apartments (661, 665 and 679 E. Main St.) from Industrial to Commercial and to set a public hearing on the matter for April 24.

Champion pointed out that DePaul was in agreement with the Batavia Planning & Development Committee's recommendation to change from Industrial to Commercial zoning (not the original proposal of Industrial to Residential) to "more closely align with the goals and perspectives of the city's Comprehensive Plan."

But the theme of the video presentation -- which included photos of other DePaul renovation projects and testimonials from three residents of the Rochester-based company's Batavia Apartments on East Main Street near Eastown Plaza -- was that, according to Fuller, "there is a huge need for affordable housing in Batavia."

He said that New York State has identified Genesee County as needing affordable housing and has allocated $3.2 billion across the state for projects such as these. Residents of Batavia Square, should it come to fruition, would receive services to meet special needs and be charged rent based on income limits, for example, $27,000 for an individual and $38,700 for a family of four.

"Every project fills within two to three weeks, and we have huge waiting lists on all of our projects," he said.

Fuller said he is convinced the Batavia community will support the venture, which will include DePaul applying for financial incentives -- PILOTs or payment in lieu of taxes -- from the Genesee County Economic Development Center.

"What’s amazing is – I talked to Kiwanis last week, I’m speaking to Rotary in a couple weeks and I’ve been out meeting with everybody in the community – to a person, everybody wants the project," Fuller said. 

"The history of DePaul, we’ve got a great reputation in Batavia, and I’m really doing this because people approached me and wanted more housing in Batavia. The lack of adequate, handicap-accessible housing for special needs and everything else (is there), so I’m really doing this to give back to Genesee County – my hometown."

Of the 80 units, 36 have been designated as affordable units with preference given to elderly people and/or people with mobility disabilities, four are set at market rate, 30 are for people with special needs linked to services, and 10 will be allocated for veterans.

Fuller said that comments that DePaul is making money off of veterans or doesn't need the tax breaks stem from those who "don't know the whole story."

"We’re getting no money to house veterans. We’re just setting aside 10 units (as priority for veterans) and it could be more if there’s 20 veterans … we’re setting 10 units aside to guarantee because our housing projects fill in 10 days."

As far as the PILOT is concerned, Fuller said DePaul would be unable to get involved without it.

"These projects would not be doable without a PILOT with the city, but it’s important to point out that we’re a not-for-profit but we’re still giving a significant tax payment to the city for 30 years – more than four times than what they’re getting for that property now."

Fuller said the development will create 18 jobs as well as another 200 construction jobs.

Gibbons outlined details of the complex -- a 5-acre parcel with 24 units in Building A, 24 units in a three-story Buildilng B, and 32 units divided into four eight-unit two-story townhouses. The plan calls for 56 one-bedroom, 22 two-bedroom and four three-bedroom apartments and 94 parking spaces (which could be expanded).

"It will be highly energy efficient through Energy Star and NYSERDA programs, and typically 50 percent will be handicapped-accessible," he said.

Conde said that rent will be set at $700 for a one-bedroom unit and $850 for a two-bedroom apartment, but residents have to show an income to be eligible. Utilities, wireless Internet and cable TV are included, along with around-the-clock staffing and a sophisticated security system.

She added that "housing specialists" are on staff to help link tenants to services in the community, but before being accepted all applicants "receive extensive background checks" -- with those convicted of non-DWI felonies or sex offenders not eligible.

"We manage our own tenant list ... that's a huge piece toward having respectful communities," she said.

The DePaul team said it will be meeting once again with the Genesee County Planning Board later this week over the rezoning issue, and hopes for a positive outcome over the next several weeks with City Council.

"This is really just the first start – the hard part is getting the money out of Albany," Fuller said. "We certainly have done it a lot, we’ve got the project in the works, we’ve been told this is a high priority. Our goal would be to have that all in place by the winter so we can start construction in early spring 2018, and that’s about a two-year construction period."

The Batavia Town Board has called a special meeting for 6:30 p.m. Wednesday (March 29) to vote on a resolution to schedule a public hearing on the final draft of the municipality's Comprehensive Plan update.

If approved, as expected, the resolution sets the public hearing for 7 p.m. at the Town Hall on West Main Street Road. The board's monthly meeting also is scheduled for that date.

Updating the Comprehensive Plan is a major priority for the Town, which last revised the document about seven years ago. The plan governs decisions on zoning, capital improvements and budgeting, addressing key issues such as land use, natural resources, agriculture and farmland, parks and recreation, housing, economic development, transportation and government services.

Town Supervisor Gregory Post previously stated that the plan update puts the Town in prime position for growth.

The Town has held several public information sessions to explain changes to the Comprehensive Plan as well as details about the Smart Genesee/Green Genesee initiative -- a grant-funded scientific approach that connects the natural environment and business growth.

BATAVIA – The deadline for Genesee County graduating seniors wishing to apply for the William F. Brown Jr. Memorial Scholarship, sponsored by The Jerome Foundation, is May 1.

The $1,000 scholarship will be awarded to a deserving high school senior residing in and graduating from a school in Genesee County whose intention is to pursue at least a four-year degree in the fields of Journalism, Communications or Public Relations (in print, radio, television or digital media).

William F. Brown Jr. was a noted Batavia author, broadcaster and journalist, and a charter member of The Jerome Foundation, a not-for-profit organization that distributes funds to benefit United Memorial Medical Center and other health-related purposes. He passed away on Nov. 29, 2014.

Brown also was president of the board of directors of the former St. Jerome Hospital and a trustee emeritus of The Jerome Foundation.

A committee of directors from the foundation will judge the scholarship applicants based upon academic merit, creative accomplishment, community service and leadership.

Applications are available at guidance offices at the nine Genesee County high schools or by contacting Martha Spinnegan, administrative assistant for The Jerome Foundation, at gspinneg@rochester.rr.com.

The completed application must be mailed to The Jerome Foundation, P.O. Box 249, Batavia, NY, 14020, and postmarked by May 1 to be considered.

Emily Chavez, of Le Roy High School, and Connor Logsdon, of Notre Dame High School, were selected in 2015 and 2016, respectively.

Western Regional Off-Track Betting Corporation directors this morning approved a resolution to contract with Keeler Construction of Albion to renovate the parking lot of Batavia Downs Gaming on Park Road.

"The parking lot is a go," said Michael Nolan, chief operations officer, referring to approval from the New York State Gaming Commission for the $508,128 project, which is set to begin in early May and be completed by the end of that month.

Nolan advised that the reconstruction and repaving of the parking lot, which currently can handle 1,043 vehicles, will be done in three phases -- with Downs' officials taking steps to minimize any inconvenience to their customers.

"When crews are working in one section, and cars have to be parked further away from the building, we will set up a shuttle service," Nolan said. "We will do everything we can to accommodate patrons while the work is being done."

Scott P. Kiedrowski, vice president of operations, said the contract with Keeler calls for "digging out portions of the lot that are the worst, making sure the drainage is functioning properly, putting a layer over the entire lot and restriping."

"We are driven by the fact that it has reached its age; the time is now for major improvement," he added.

Director Edward Morgan (Orleans County), who has extensive experience in road resurfacing, will be acting as a volunteer liaison for WROTB during the project.

In an unrelated matter, the board has addressed a situation surrounding criminal charges against WROTB President Henry Wojtaszek, who, according to published reports, pled guilty to a misdemeanor charge on Wednesday in connection with an ongoing probe into election law violations.

The violation apparently took place in 2012 when Wojtaszek, the former Niagara County GOP chairman, failed to properly file a statement with the NYS Board of Elections.

The investigation has led to indictments against State Senator Rob Ortt and former state senator George Maziarz -- with Ortt's charges involving three counts of offering a false instrument for filing, according to The Buffalo News.

WROTB directors issued a statement supporting Wojtaszek, who was appointed as WROTB president last year. Details of Wojtaszek's plea have yet to be revealed.

The statement reads, in part, that Wojtaszek will pay a fine to receive a "conditional discharge" and that he "fully accepted responsibility" for failing to properly file the document.

"The board supports him, including me, to a man," said Director Richard Siebert (Genesee County). "There is nothing here that will cause him to lose his lawyer's license or his Gaming Commission license."

A phone call to Wojtaszek was not returned at the time of this posting.

In other developments:

-- A summer concert series is scheduled for six Saturdays in June featuring nationally known recording artists who will perform on the track's infield. Although not confirmed, possible acts include Lee Greenwood, Lou Gramm, Eddie Money and Lone Star.

-- Nolan reported that the Gaming Commission also approved plans for a new paddock at Batavia Downs. He said once the bid process is completed, he expects construction to start in June or July.

-- Operational earnings of $111,857 in February represent a $98,000 increase from the same time period last year, Comptroller Jacquelyne Leach said. The track's EZ Bets handle was up 12 percent in February (compared to February 2016) and is up 41 percent this month (compared to March 2016).

-- Racing Director Todd Haight reported that live harness racing will begin on July 26 and run through Dec. 16 for a total of 71 dates. Post times will be 5 p.m. on Wednesdays (except for opening day when it will be 6 p.m.), 6 p.m. on Fridays and Saturdays, and 1:15 p.m. on matinees and Sundays.

The track's Family Fun Day, featuring weiner dog races, is set for Sunday, Aug. 27.

-- More than $400,000 in winning or refundable pari-mutuel tickets across the state from 2016 must be cashed by March 31 or that money goes back into NYS coffers, Haight said. About $25,000 of that amount was generated from activity at Batavia Downs or WROTB parlors.

Those holding these tickets can go to a local OTB branch or Batavia Downs to claim their winnings.

The JCPenney store in Batavia apparently has been spared from the ax that will come down on 138 of the company's stores across the United States.

The major retailer today announced that it will close three stores in New York State -- Dunkirk-Fredonia Plaza, Dunkirk; Westfield Sunrise, Massapequa; Palisades Center, West Nyack -- probably in the second quarter of the year which ends in July for J.C. Penney Co., but will continue to operate the store located in the City Centre Mall.

With its remaining 876 stores, "Penney's" will still have at least one location in 49 states and Puerto Rico. It has no stores in Hawaii. The chain's original store in Kemmerer, Wyo., at 722 J.C. Penney Drive isn't on the list and will remain open. 

The states with the biggest number of closings were Texas (nine), Minnesota (eight), Michigan (seven), Illinois (seven), Pennsylvania (six), North Carolina (five), Wisconsin (four) and Oklahoma (four).