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Court Street entrance to County Building One closed for maintenance Wednesday

By Press Release

Press Release:

The Court Street entrance to County Building One, which provides access to multiple county departments, including the Genesee County Department of Motor Vehicles, will be closed to all pedestrian traffic, including employees and deliveries, on Wednesday, October 30, due to scheduled maintenance. 

This closure is necessary to ensure the safety of all visitors, staff, and maintenance personnel.

During the closure, please use the alternative entrances on Main Street (Clerk’s Office entrance) and Ellicott Street (Courtyard entrance). Signage will be placed externally and internally to direct all foot traffic to these entry points.

The entrance will reopen once maintenance is complete. If you have appointments scheduled for October 30 with any department in County Building One, we encourage you to contact them in advance to confirm your access route. Thank you for your cooperation.

Borrello hosts veteran outreach and enrollment event in Batavia

By Press Release

Press Release:

Senator George Borrello will partner with VA Western New York Healthcare System and VFW Post #1602 in Batavia to host a Veteran Outreach and Enrollment Event on Thursday, November 7, from 10 a.m. to 2 p.m.

Senator Borrello underscored the importance of our Veterans to gain access to all the benefits they’ve earned through their service.

“Our veterans have given more to our country than we could ever repay. In return for their dedicated and selfless military service, our federal and state governments will continue to partner and provide information on access to VA healthcare and monetary compensation to our veterans and their families. Representatives from the VA will be available to answer questions about VA healthcare options and related issues for compensation. This event will be a great resource and one that highly I encourage area veterans and their families to attend and utilize,” said Senator Borrello.

Senator Borrello also noted that the federal PACT or “Promise to Address Comprehensive Toxics” Act, which took effect in August of 2022, has eliminated previous phased-in timelines for VA health care and benefits for veterans exposed to burn pits, Agent Orange, and other toxic substances. VA representatives will answer questions on this new change.

The outreach event will take place at the Veness-Strollo VFW Post #1602, located at 25 Edwards Street, Batavia. The event is free and registration is not required.

Tops Friendly Markets honors veterans and active military with 11% discount this Veterans Day

By Press Release

Press Release:

Tops Friendly Markets, a leading full-service grocery retailer in New York, northern Pennsylvania, and Vermont, announced today that the company will once again offer military personnel and their immediate families an 11 percent discount off of their grocery bill this Veterans Day. This marks the 12th year Tops has been extending this discount to military personnel and their families. 

On Monday, November 11 Tops Markets will honor an 11 percent discount off of a total order to all veterans and immediate family members in the same household, who shop at any Tops location. Customers should present proof of service that they, or an immediate family member are a U.S. Veteran, active duty, reserve or retired military personnel to automatically receive an 11 percent discount off of their total purchase that day.

"The respect and gratitude we feel for those who serve or have served in the military is beyond measure, and for that, we are eternally thankful," said Ron Ferri, president of Tops Friendly Markets. "This annual savings is just one of the many ways we wanted to give back to our local military community by honoring the associates and customers who have bravely defended our nation and made countless sacrifices through their service."

Additionally select Tops locations will be selling 4x6 US flags with a portion of its proceeds being donated back to Buffalo Niagara Honor Flight. Flags will be on sale through Veterans Day.

Tops is a longtime supporter of military associates and customers. The company’s support of military organizations includes, but is not limited to, support of the Wall that Heals, American Veterans Tribute Traveling Wall, Honor Flight Missions and golf tournaments, sending care packages for troops serving domestically and overseas, VA hospital visits, participation in veteran job fairs, parades and expos.

Junction Road closure announced for bridge repairs in Pavilion as of Monday

By Press Release

Press Release:

The Genesee County Department of Public Works announces the temporary closure of Junction Road between Hartwell Road and Covell Road in the Town of Pavilion, effective Monday, October 28. This closure is necessary for critical repairs to a steel deck bridge in the area.

The bridge repair is expected to take approximately four weeks. During this time, a section of the bridge will be removed, and no traffic will be able to cross the bridge. Motorists are advised to seek alternative routes and plan accordingly.

Former Penney's site to potentially go up for sale again due to looming foreclosure, auction

By Joanne Beck

After all of the hopeful visions and dreams for developer Yong Guang Ye’s possible plans for the former JC Penney building, the site is now likely to go up for auction after going to foreclosure.

Ye’s former realtor, Jonathan Mauer of Pyramid Brokerage Co. in Fairport, no longer represents the California developer, who “didn’t really have a business plan” when he bought the department store property for $500,000, Maurer said. It was then put up for sale at a selling price of $750,000.

After the purchase became public, others chimed in with hopeful wishes that it could be turned into a boutique or micro hotel or a concert venue, citing its downtown location and midway point of Buffalo and Rochester as being a perfect setup for travelers. There were no takers for the property, apparently, and Ye let property taxes lapse into what may be eventual foreclosure, Maurer said. He wasn’t certain which out-of-state bank was the lender.

City Manager Rachael Tabelski briefly mentioned that it looked like the property was going up for auction during a recent City Council meeting. The Batavian requested further confirmation about the site's status at 40 Batavia City Centre on Friday afternoon. 

"I believe they are one year out of back taxes, so foreclosure requires two years delinquent. I’ll need to check records to confirm," Tabelski said Friday. "I have heard that the lending company may be auctioning the property off. But I also have not found any details of this yet."

JC Penney closed its doors at City Centre in the fall of 2020 in an onslaught of closings due to corporate bankruptcy proceedings. Batavia’s site then sat quietly as local shoppers mourned the loss of another department store. 

According to Genesee County assessment records, Yong Guang Ye of San Jose, Calif., purchased the 38,524-square-foot site on Feb. 2, 2021. The property has been assessed at $400,000. 

JC Penney was built in 1978 along Alva Place and remained a strong anchor for the former Genesee Country Mall-turned-Batavia City Centre until its doors were permanently closed in late 2020.

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.)

pink hatters 2024
pink hatters 2024
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pink hatters 2024
pink hatters 2024

Genesee County to dole out more than $500K in mortgage tax

By Joanne Beck

Genesee County municipalities can expect a share of the half million dollars in mortgage tax that the county will distribute after the Legislature approved a resolution of payments this week.

The county clerk/treasurer reported that $504,734.48 is available from mortgage tax—the one-time tax paid when a mortgage is recorded—and the Legislature agreed during Wednesday’s meeting to distribute that lump sum of the respective mortgage tax amounts to the city of Batavia and each of the towns and villages within Genesee County. 

The breakdown is as follows:

  • The city of Batavia will receive - $83,983
  • Town of Alabama - $11,275.13
  • Town of Alexander - $15,680.53
  • Town of Batavia - $50,704.70
  • Town of Bergen - $31,432.60
  • Town of Bethany - $7,805.15
  • Town of Byron - $23,154.70
  • Town of Darien - $14,484.98
  • Town of Elba - $12,676.74
  • Town of LeRoy - $30,712.91
  • Town of Oakfield - $16,642.28
  • Town of Pavilion - $20,423.81
  • Town of Pembroke - $136,785.84
  • Town of Stafford  - $21,895.93
  • Village of Alexander - $1,410.28
  • Village of Attica - $484.87
  • Village of Bergen - $4,174.35
  • Village of Corfu - $7,870.05
  • Village of Elba - $1,542.34
  • Village of LeRoy - $8,932.81
  • Village of Oakfield - $2,661.48

The county has records of these payments since 2011, with a total of $264,130.74. The totals have been a rollercoaster of ups and downs, with a high of $636,882.14 in 2022, which decreased to $562,507.30 in 2023, and that fell again this year. 

In other action, the Legislature also approved overtime costs of $100,000 for the Sheriff’s Office to cover a current shortage projected through the year-end. This is due to police services for outside agencies and the need for overtime pay and fringe expenses.  

The overtime cost, plus $6,200 in social security tax, $1,450 for Medicare tax, and $23,200 in retirement expenses, will have a total budget impact of $130,850.

Batavia High School's historic willow tree set for maintenance to help longevity

By Press Release
bcsd-willow-tree-photo.png
Submitted photo. 

Press Release:

Starting the week of October 28, the Batavia City School District, in partnership with a certified arborist, will begin needed work on the beloved and historic willow tree on the front lawn of Batavia High School (260 State St. Batavia).

According to the arborist, while the tree appears healthy, several dead branches are adding too much weight to the trunks. Without this work, we run the risk of a strong storm irreparably damaging the tree.

Our goal is to proactively maintain the tree and preserve it for generations of Batavia High School students and staff to come.

Work on the tree should only last a few days and will not impact school arrivals or dismissals.

Batavia Fire Department celebrates young artists in 10th annual fire prevention coloring contest

By Press Release

Press Release:

The City of Batavia Fire Department is proud to announce the winners of our 10th Annual Fire Prevention Coloring Contest. With over 400 entries from Batavia Schools, this contest was very difficult to judge.

Congratulations to the following winners:

Grade K-1:

First Place- Isabelle Herdlien - 1st Grade Jackson Elementary, Miss Wahr

Second Place- Massiah Ayala - Kindergarten St. Josephs Regional School, Mrs. Case

Third Place - Ada McCracken - 1st Grade Jackson Primary, Mrs. Harloff

Grades 2-3:

First Place- Amara-Lee Thomas - 3rd Grade John Kennedy, Mr. Coke

Second Place- Cecilia Dejaneiro - 2nd Grade John Kennedy School- Ms. Wirth

Third Place- Payton Ford - 3rd Grade St. Joseph's School- Ms. Dumuhosky

Grades 4-5:

First Place- Josie Varland - 4th Grade St Paul Lutheran School, Ms. Austin

Second Place- Maiya Holman - 5th Grade Batavia Middle School, Mrs. Penepent

Third Place - Blessing Brobey - 5th Grade Batavia Middle School, Mrs. Consagra

An awards luncheon will be held Saturday, October 26, from 11:30 a.m. to 1 p.m. at the City of Batavia Fire Station located at 18 Evans St. for all 1st, 2nd, and 3rd place winners. The 1st place winner of each group will receive a ride to school on a City of Batavia Fire Engine. Congratulations to all the winners!

BHS invites veterans to be a part of Veteran's Day celebration on November 14

By Press Release

Press Release:

WHAT: In honor of Veterans Day, Batavia High School will host its annual ceremony celebrating local veterans and their service to our country.

Batavia High School would like to invite any local veterans to participate and be honored during the ceremony.

The ceremony will include special musical performances, recognition of our veterans in attendance, and guest speakers to commemorate the event.

WHERE: Batavia High School Auditorium

WHEN: Thursday, November 14 from 8 - 9 a.m., with a short reception immediately following.

CONTACT:  If you are interested in participating in the event, please call Batavia High School at 585-343-2480, ext. 2000.

HomeCare & Hospice Foundation announces Tree of Life ornament sales and ceremonies

By Press Release

Press Release:

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Submitted photo.

HomeCare & Hospice Foundation is preparing for their 29th Annual Tree of Life ornament sales and ceremonies.

Every year during the holiday season, HomeCare & Hospice Foundation and the communities they serve, come together to honor and remember lost loved ones. 

“We look forward to bringing the communities we serve together,” said Melissa Sullivan, Chief Executive Officer at HomeCare & Hospice in Allegany. “We want those who have lost loved ones to feel support during the holidays – we encourage anyone to attend one of our ceremonies regardless if they have an ornament or if their loved one was on our services.”

Ceremonies will be held in Allegany on Thursday, November 14 starting at 5:30 p.m. at the St. Elizabeth Motherhouse, located at 115 E. Main St., and on Wednesday, December 4 starting at 5:30 p.m. at the Richmond Memorial Library in Batavia, located at 19 Ross St. Batavia.

To purchase an ornament or for more information, please visit https://2024treeoflife.givesmart.com or contact Sarah Negron at 716-372-2106.

Saturday is last day to register to vote in the November 5 election

By Press Release

Press Release:

The Board of Elections will be open this Saturday, October 26, from 8:30 a.m. to 5 p.m. to accept registration forms.

This is the last day to register to vote in the November election. The office will also be able to assist with absentee requests. Please use the west facing door.

Early Voting begins this Saturday. There will be 9 days of early voting at the ARC Community Center, 38 Woodrow Rd., Batavia. Schedule is as follows:

  • Saturday, October 26 from 9 a.m. to 5 p.m.
  • Sunday, October 27 from 9 a.m. to 5 p.m.
  • Monday, October 28 from 9 a.m. to 5 p.m.
  • Tuesday, October 29 from 12 p.m. to 8 p.m.
  • Wednesday, October 30 from 12 p.m. to 8 p.m.
  • Thursday, October 31 from 9 a.m. to 5 p.m.
  • Friday, November 1 from 9 a.m. to 5 p.m.
  • Saturday, November 2 from 9 a.m. to 5 p.m.
  • Sunday, November 3 from 9 a.m. to 5 p.m.

City-wide leaf collection begins November 4, guidelines for residents

By Press Release

Press Release:

City-wide leaf collection will begin on November 4  and continue until December 6.

Residents are asked to rake leaves into piles and leave them in the parkway (un-bagged). Please place it close to the curb line/edge of the roadway without putting it in the street. Do not pile around fire hydrants, trees, utility poles, or signposts. Leaf piles should only contain leaves and no branches, grass clippings, or other materials.

Leaf operations typically have one crew on the Northside working from Grandview Terrace moving West, North of Main Street, and a second crew on the Southside beginning on River Street moving East in areas South of Main Street. A third crew will work using a vacuum along main roads and numbered routes. It takes about 2 weeks to go through the entire city and fluctuates depending on the size of the leaf loads. 

Any resident with leaves can also bring them to the Yard Waste Station until it closes for the season. The Yard Waste hours are 12 to 6 p.m. Monday through Saturday until November 2 and will change to 11 a.m. to 5 p.m. from November 4 through the end of the season due to daylight savings time ending. 

The Yard Waste Station will be closed on November 28 & 29 to honor Thanksgiving and will officially close for the season on December 14.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION: 

  • Leaf piles must be clear of sticks and all animal waste – if animal waste or other debris is found in the piles, they will not be picked up 
  • Grass clippings, flower pottings, branches, and pumpkins cannot be picked up and residents may bring those items to the Yard Waste Station on Law Street (open through December 14)
  • Leaves should not block traffic or be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians.
  • Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding.
  • Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles.
  • Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire.
  • Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection.
  • If it is snowing, we plow first. If it continues to snow, leaf operations will be suspended.
  • There is no leaf pickup in the spring.

Contact the Bureau of Maintenance @ 585-345-6400 option 1 if you have any questions.

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

BHS music graduates honored for making an impact in their field during the 5th annual Musician of Note ceremony

By Press Release

Press Release:

Musicians of Note, an event honoring past Batavia High School graduates who have made an impact in music, will host its 5th annual ceremony on Thursday, October 24, at 7 p.m., at the Frank E. Owen Auditorium at Batavia High School.

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Rose Caccamise

Honorees will be recognized with a video presentation and performance ensembles to celebrate their achievements. A plaque featuring their accomplishments will be displayed on the new Musicians of Note wall at Batavia High School.

This year’s recipients of the Musician of Note Award include:

Rose Caccamise (posthumous, Class of 1958)

  • Owner of Roxy’s Music Store and supporter of local musicians
  • First BHS alumnus to be inducted into both Athletic and Music Hall of Fames
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Daniel DeLuca

Daniel DeLuca (Class of 1985)

  • B.A. Music, M. Ed. Elementary and Music Education
  • Music Teacher
  • Band Member/Leader
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Neil Hartwick 

Neil Hartwick (posthumous, Music Educator 1966-1982)

  • Batavia CSD and Brockport CSD Music Educator
  • NYSSMA Adjudicator
  • Organizer of the Batavia High Jazz Ensemble and Batavia Pageant of Bands

 

Deborah Russell Silverstein (Class of 1977)

bcsd-musicians-of-note_deborah-russell-silverstein.jpeg
Deborah Russell Silverstein 
  • Passionate Music Educator
  • Flutist
  • Church Musician

The ceremony is open to the public and free to attend. 

Submitted photos.

Alleged sexual abuse victim files police report against Batavia pastor

By Joanne Beck

The alleged victim of sexual abuse by Batavia pastor Marty Macdonald has filed a report with the Genesee County Sheriff’s Office in a step that brings questions to an open investigation while only further confirming Hobson’s own stance on her accusations, she says.

“The Sheriff’s Office contacted me. So I spoke with them, and after speaking with them, that’s when I filed,” Hobson said to The Batavian Monday.  “So, currently, it's still an open investigation. You know, honestly, my motivation hasn't changed, so I still stand on the side of truth. I will no longer be silenced, and I want to encourage others to come out of the shadows of guilt, shame and fear and let their voices be heard. 

“I’ve talked to law enforcement several times over the last few weeks, in September and October. It’s still an open investigation, so I’m letting them do their job.”

Joseph Graff, chief deputy of the Criminal Investigation Division, confirmed that the case has drawn some attention in the Sheriff’s Office. The Batavian specifically asked whether the statute of limitations might apply to the allegations.

“We are looking into her case to determine if there are any statutes that are still applicable,” Graff said.

In criminal law, the statute of limitations is not straightforward and depends on the section of penal law cited and the facts of the case, which is information not yet available, according to legal sources.

Macdonald has forcefully denied the allegations through a public statement provided to the media and members of City Church.

Hobson’s story is not new. She first raised it in conversations with a local reporter and other community members more than 20 years ago. 

She has said that from the age of 12 to 18, she was groomed and sexually abused by Macdonald, she said. She hadn’t told anyone until years later. She only came out publicly in September when emboldened by a similar case in which a teen, Cindy Clemishire, had been sexually abused by a powerful pastor at the time, Robert Morris, and that became widely publicized when the Clemishire shared her story, and Morris resigned from his church. 

After The Batavian first published Hobson’s story, Cornerstone Pastor Paul Doyle made a video asking Macdonald and his son Ryan to step down from The City Church in Batavia. This was in response to a cease-and-desist letter demanding that Doyle retract what he had said publicly about Macdonald. 

That cease-and-desist letter also went to The Wartburg Watch, an online publication that has kept the Hobson articles and related posts intact.

Meanwhile, online chatter about the Hobson articles has included many posts of support for Hobson and some questions about why she hadn’t come forward sooner or filed charges against the well-known Batavia pastor. 

None of the comments have deterred her newfound spirit, she said. Now that she has taken this step to file a police report, Hobson isn’t certain “what avenues yet, but I plan to continue to tell my story.” 

Attorney Anjan Ganguly, who has been representing Macdonald and The City Church, was not aware of any investigation into the allegations against his client, he said.

“Neither Pastor Marty nor I have been notified of any police report or investigation,” Ganguly said Wednesday.

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

Brown releases employment contract with expected salary up to $315K, shortened four-month severance

By Joanne Beck
mayor byron brown

In an effort to fulfill his vow for “transparency,” newly hired CEO Byron Brown released copies of his employment contract with Western Regional Off-Track Betting Corporation to members of the press before committee meetings Wednesday, revealing his three-tiered salary increases, a four-month severance provision and other benefits of the job he began just a week ago at Batavia Downs.

The former Buffalo mayor’s annual six-figure base salary begins at $295,000 through 2025 and is set to jump to $305,000 on Jan. 1, 2026, and increase another $10,000 in 2027 to $315,000, “contingent upon continued growth and a satisfactory performance evaluation.” 

“Before I even signed the contract, I knew there was a lot of media interest in the contract. I had been informed that a number of members of the media had requested the contract and that the contract was FOILed. It was my understanding, through the corporation, that through FOIL, the contract would have been released on October 31, but I thought, you know, as we talk about transparency, it was important for me to release the contract today, my first board meeting,” Brown said. 

“You know, obviously, we are in something of a transition," he added. "Some of the decisions that are being discussed today, work that has been assembled today predated me, so as I transition in, I wanted to transition into the organization with transparency, and wanted to provide the contract to the media so that it could be seen and you could evaluate it."

Unlike former employees who have received year-long severance packages, Brown’s is cut off at four months, which was a condition he purposefully chose in working with Board Chairman Dennis Bassett, he said.

“We decided that I would not take that type of severance provision … Again, we thought that that was an important and meaningful reform with me coming in, and I was happy to agree with the chairman to reduce the severance that employees have previously enjoyed,” Brown said, answering why he agreed to a reduced severance length. “I want to start with transparency, want to start looking at potential reforms for the organization. Good work is being done here. This is a very profitable organization that delivers revenue to 17 municipalities in Western New York. I want to work to establish confidence in the organization. So I thought changing that provision and reducing the severance provision in the contract was important for me to do.”

The contract includes a minimum of two weeks paid vacation per year; an $800 monthly car allowance in lieu of any direct payments for expense of leasing or operation of a vehicle; and reimbursements for “necessary and reasonable business expenses incurred in the performance of his duties.”

Brown’s contract allows him to participate in employee benefit plans and programs, including but not limited to medical, retirement and life insurance, as are generally made available by the employer to employees.

The severance package also would include continued medical benefits or a $1,500 annual stipend for choosing not to use the medical benefits.  

His list of duties and responsibilities includes:

  • The overall direction, development and day-to-day management of the employer — the gaming operations and hotel, food and beverage, and other gaming-related amenities; and management of vendors, consultants and employees, including the right to select, assign and terminate such individuals and entities and the implementation of personnel and wage and benefit policies established by the board;
  • Preparation of annual operating and capital budgets of the employer and of required modifications to budgets, implementation, monitoring and evaluation of such budgets in the course of operations;
  • Development and implementation of programs for training of employees and development of policies and procedures;
  • Diligent attention to ensuring the compliance of operations with the requirement of the state Gaming Commission and other applicable laws relating to the integrity and operations of employers and maintenance of the integrity of all operations for the protection of the employers, its patrons and the public;
  • Assistance in the development of strategic plans and preparation of related proformas for the expansion of the employer and of required modifications to such proformas;
  • Overall direction, development and day-to-day management of the process to market, sell and account for the employer’s products and services and for developing, implementing, monitoring and adopting measures to improve customer service;
  • Negotiate agreements on behalf of the employer consistent with the policies, and negotiate employment offers for management of the employer, both subject to board approval when required by employer policy;
  • Lead the interaction with federal, state and local governments, including legislative bodies, and participate as the employer’s representative to the New York Gaming Association, and serve as trustee to the Employer’s Deferred Compensation Plan.

The annual salaries are listed as minimum base salaries, and will be up for review at the end of each fiscal year. The board may determine, in its sole discretion, to increase the executive’s base salary, the contract states. Brown is happy with the package, he said, which includes those "performance based incentives."

“I am certainly pleased with the contract the board has offered. We did not do a lot of negotiation, very little,” he said. “In fact, I was presented a contract for employment and found it certainly satisfactory to me and accepted it.” 

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."

 

 

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