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All of the occupants of a residence at 29 Montclair Ave., Batavia, safely escaped a house fire that was reported at 8:53 p.m., Friday.

City Fire responded to the structure fire and upon arrival found a large volume of fire from the front to the two-and-a-half story, single-family home.

Fire crews knocked down the bulk of the fire and entered the home to find fire on the first and second floors and extending into the attic, according to Interim Fire Chief Daniel Herberger. 

Crews were initially hampered by downed power lines and difficult access to the rear of the house.

Several occupants were home at the time the fire was reported, Herberger said.  None were injured.

The American Red Cross is assisting one resident.

A firefighter was transported to UMMC by fire department personnel with heat exhaustion.

City Fire and Batavia PD are conducting a joint investigation to determine the cause of the fire.

City Water, Town of Batavia Fire, Alexander Fire, Elba Fire, Emergency Dispatch, National Grid, and National Fuel all assisted in the operation.

Photos by Alecia Kaus/Video News Service.

Genesee County dispatch has reported an accident on Lewiston Road in Oakfield.

Press release:

Congressman Chris Jacobs (NY-27) released the following statement in recognition of National Police Week.

“Each day, law enforcement officers serve our communities, not knowing if they will return home that night. Each day, these brave men and women selflessly serve and put themselves in harm's way to keep others safe.

"Our nation cannot survive without the dedication and courage of our law enforcement officers. We have a duty in Congress to ensure they have every resource available to not only keep us safe but to do their jobs safely and return home to their families as well.

“I am proud to stand with our law enforcement officers. This National Police Week please join me in thanking those who keep us safe and honoring those officers who have fallen in the line of duty.

“May God bless our law enforcement officers.

Press release:

Nominations are being accepted for the 2022 BCSD Foundation, Inc. Scholarship.   This scholarship will be awarded to a graduating Senior from Batavia High School.  The nominee has been successful in their educational program and has sought out skills to further their career.  In addition, they exemplify our Batavia school culture and climate of “Be Respectful, Be Responsible, Be Safe, Be Connected and Be Ambitious.”

Any local community member may nominate a Batavia HS Senior who meets the above criteria.  Nomination forms are available on the Batavia City School District website, https://www.bataviacsd.org/page/bcsd-foundation. You may complete the Google Form or the pdf document to nominate a deserving Senior.  All nominations need to be received by May 27, 2022.

A copy of the nomination form is attached to this press release.                 

Press release:

The Genesee County Chamber of Commerce, acting as the official Tourism Promotion Agency for Genesee County, is pleased to announce the completion of a new Genesee County tourism website.  VisitGeneseeNY.com is the “go-to” online resource for all things tourism, hospitality, recreation and special events in Genesee County.

 The well-established site provides a digital presence for nearly 400 tourism-related businesses in Genesee County.  Each business has a landing page including business contact information, hours of operation, a description of goods or services and image gallery.  The site curates the content, so if a business is included in a blog, has events on the calendar or offers packages, the information is also displayed on the landing page – tying together all of the information that is displayed in various sections of the website. A requested custom feature on all business pages is the “What’s Nearby” filtering capability.   Users can see by distance, tourism-related businesses and filter to display the results based on type of attractions, restaurants and/or lodging.

The Chamber maintains an extensive county-wide (tourism-related) events calendar, which features over 400 events year-round, ranging from theater and arts workshops, outdoor nature programs, history-related or agritourism events, live racing and more.  A submission button is provided for area event coordinators to add their events as they become finalized.   In the coming days, the Chamber will also be announcing information on the live music section of the website (which can be easily found at JamInGenesee.com)

The site also includes information for event planners, tour operators, an in-depth collection of county-wide sports venues and more.  It was designed by Chamber member Corporate Communications located in Rochester, and replaces the 2017 site which they also created.

We encourage you to use bookmark VisitGeneseeNY.com as a resource for area businesses, as well as for year-round things to do with family and friends.

Press release:

The Genesee County Health Department will be hosting a FREE drive-thru anti-rabies immunization clinic on Thursday, May 19th, from 4:00 p.m. to 7:00 p.m. at the Genesee County Fairgrounds (5056 East Main Street, Batavia).

“We encourage all residents to take advantage of this opportunity to make sure that their animals are immunized against rabies and that the vaccinations are kept up to date,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health). “Rabies is a preventable viral disease most often transmitted through the bite of a rabid animal. Please leave wildlife alone and do not feed, touch, or adopt wild animals (including baby wild animals), stray dogs or cats.”

Vaccinations are free for dogs, cats and ferrets, but voluntary donations are accepted. Animals must be at least 3 months old. Each animal must be leashed or crated and accompanied by an adult who can control the animal—limit 4 pets per car maximum.

To save you time, please click here to fill out your registration form in advance. Be sure to print out two copies for each pet to be vaccinated and bring them with you to the clinic.

The next anti-rabies immunization clinics are as follows:

• Genesee County Clinics at the Genesee County Fairgrounds (5056 East Main Street, Batavia, NY)
  • Thursday, August 11th, 2022, from 4:00 p.m. to 7:00 p.m.
  • Thursday, September 15th, 2022, from 4:00 p.m. to 7:00 p.m.
  • Thursday, October 13th, 2022, from 4:00 p.m. to 6:00 p.m.
• Orleans County Clinics at the Orleans County Fairgrounds (12690 Rt. 31, Albion, NY)
  • Saturday, June 4th, 2022, from 9:00 a.m. to 11:30 a.m.
  • Saturday, August 13th, 2022, from 9:00 a.m. to 11:30 a.m.
  • Saturday, October 15th, 2022, from 9:00 a.m. to 11:30 a.m.

For more information on Health Department services, visit GOHealthNY.org or call 589-3278 for Orleans County or 585-344-2580 ext. 5555 for Genesee County.

Le Roy High School held its annual Mom Prom on Wednesday night at Red Osier in Stafford.

The event was put on hold for a couple of years due to the pandemic, but Le Roy Superintendent Merritt Holly said organizer Samantha Vagg "made it a priority to get this event back up and running this year for our students and families."

The event is a chance for seniors to invite a mother or other special person who provided support and guidance over the years as they worked their way toward graduation.  The event is usually held around Mother's Day.

Holly said 101 students and moms or special guests attended, which was held for the first time at Red Osier.   The event included a buffet dinner, music, games, and prizes. 

Photos submitted by David Russell.

Brandan Smith submitted this photo of this morning's sunrise in Bergen by his uncle Dan Maher.

Video submitted by Jason Smith, along with the photo of the female grosbeak below.

A former state senator with a history of illegal activity while in office has filed a lawsuit against Batavia Downs and its leadership alleging that officials have engaged in "shameless and blatant corruption."

The suit concentrates on previously investigated accusations that officials at Western OTB have misused tickets to sporting events and concerts and that Western Regional OTB has improperly provided lucrative health insurance coverage to appointed board members.

George Maziarz, who represented Niagara County in the State Senate from 1995 to 2014 and was once considered one of the most powerful men in Niagara County, expressed some frustration today that none of the allegations against Western OTB, and in particular against his former political ally, Batavia Downs President and CEO Henry Wojtaszek, have led to anything more than recommendations for changes in procedures.

"Quite frankly, I'm disappointed that the Attorney General and the United States Attorney, the FBI hasn't done anything yet," Maziarz said during a press conference outside the casino on Park Road. " I keep being told over and over again that they're working on it."

Wojtaszek said that nothing more has come of the allegations -- either because corrective action has been taken or the claims of wrongdoing are not as clear cut as Maziarz represents.

From Wojtaszek's point of view, Maziarz is engaged in a vendetta against Western OTB. He said Maziarz was fired as a lobbyist about eight years ago, was passed over for the CEO position, and Wojtaszek participated in investigations that eventually led to Maziarz's own public corruption conviction. 

"I think he's just a bitter individual," Wojtaszek said during an exclusive interview with The Batavian immediately following the press conference. "He has a vendetta against many individuals and the corporation itself. He's made complaints to every conceivable agency and regulatory body in New York State, and they've all turned down his requests to take action against OTB. They've all investigated and found that nothing was amiss here at Western Regional OTB.

"Whatever remedies or suggestions they had for us to improve our business, we follow them. We will continue to follow them and improve our organization. We hired Terry Connors to do an in-depth look at what was going on here at Batavia Downs. Terry is a well-respected individual within the legal community all across the state. We're very confident in his findings and his suggestions, and we've implemented his recommendations. We'll continue to work with him."

He said Batavia Downs has also hired a compliance company out of Buffalo, headed by a former FBI agent, to review its policies and procedures.

The Lawsuit
Attorneys for Maziarz filed the lawsuit in Niagara County on May 3.  It alleges that Wojtaszek and board members misused and manipulated programs meant to attract patrons to the Batavia Downs Casino by using for themselves tickets to sporting events and concerts. 

For example, according to records, the OTB purchased 5,800 high-end tickets to Buffalo Bills games, Sabers games, and concerts at Darien Lake, and 10 percent of those tickets, worth about $120,000, wound up in the hands of OTB officials and their friends and family members. 

The suit alleges tickets were freely handed out at board meetings and were even used to provide a board member's daughter with a birthday party.

The suit also alleges that Wojtaszek failed to correctly record and report his personal use of a vehicle provided to him by Western OTB.

Western OTB board members are also accused of receiving gold-plated health insurance coverage in violation of state law and contrary to recommendations in a Comptroller's Audit Report, and a report compiled by attorneys hired by Western OTB to review the matter.

The suit states that these actions amount to Wojtaszek and board members using Batavia Downs as a personal ATM to enrich themselves at taxpayer expense with no real public oversite of the agency's policies and procedures.  

"Over time, this almost honor system-like structure led to dishonor, cronyism, and shameless, blatant corruption," the suit states. "The corruption has been normalized, legitimized, and covered up by the Board and a bipartisan network of high-powered consultants and lobbyists hired by CEO Wojtaszek (again, with little oversight by the public) to prevent public scrutiny or reform."

The Response
In his interview today, Wojtaszek defended how Batavia Downs has handled tickets to events.

Batavia Downs acquires tickets as perks for high rollers and special guests, Wojtaszek said.  A host from Batavia Downs typically accompanies these guests to the events. The role of the host is to ensure things go smoothly, that people get their tickets, get into the venue, receive the service expected for the event, and the host takes care of any issues that arise.

"Previously, if you were host, we provided a ticket to the host and then the host was allowed to bring a guest with them," Wojtaszek said. "At that point, they may have brought somebody from a wife, a husband, a son, or a daughter with them. We have since corrected that. Subsequent to the recommendation from the compliance company, it's just a host who takes care of whatever event, hockey game, football game, concert, and I think we're doing it properly now."

He said that the accusation that board members could just casually ask for tickets to Bills or Sabers games at board meetings and receive them misrepresents what actually took place. He said anybody, including board members, could ask for tickets on behalf of patrons of Batavia Downs.  They were not, he said, asking for themselves and friends and family.  However, to help improve the procedure, all requests must now be in writing and clearly state who is receiving the tickets. 

According to the audit report Maziarz cites, Wojtaszek said, "there were thousands of tickets accounted for.  There are a few, 100 I believe, that aren't, which equates to a reasonable amount of money but don't forget, each one of those tickets went to a host to host the game."

As for tickets being used for a birthday party for the daughter of a board member, that never happened, Wojtaszek said.

As for the use of a company car, Wojtaszek said, yes, he failed to complete the proper paperwork to record his personal use of the vehicle, and at the board's instruction, he reimbursed Western OTB $3,000 to resolve the issue.  And yes, he is now receiving a transportation allowance -- Maziarz claims $7,000 -- but Western OTB was already in the process of eliminating agency-owned vehicles for staff when the issue came up.  Besides potential liability, a car allowance for executives is more in keeping with standard practices in the business sector, Wojtaszek said.

As for health insurance for board members, Western OTB has attorneys working on the issue.  The agency does not agree that board members can't receive health insurance coverage.  

While Maziarz says that the Comptroller's Office and a legal firm hired by Western OTB say the practice is illegal, the issue doesn't appear to be that cut and dry. There is an older Comptroller's opinion that says the practice is permissible.  The memo on the topic, prepared by attorneys Gabriel M. Nugent and Robert J. Thorpe for the board, cites the 1978 opinion as well as the later opinion and suggests board members no longer accept health insurance.  It doesn't, as Maziarz claims, call the practice illegal.  

Health insurance, Wojtaszek said, is justified because pretty much every other public benefit corporation in the state offers it, and Batavia Downs operates in a very competitive environment and needs to attract and retain the most qualified board members. 

"What the board does here is some extremely important work," Wojtaszek said. "It is a multi-100-million dollar company that has performed extremely well over the last three to five years and has returned record amounts of revenue to the municipalities that it serves.

"If you're in a business that is very competitive -- which Batavia Downs is -- we have other private-sector casinos that we have to compete with here," he added. "And, by the way, we compete extremely well with them. You need to attract top-level talent to have those people serve on the board. And that's what we have here today. We have many, many excellent board members who have excellent business backgrounds and who lend a great deal to make this organization work. We say the compensation should be set accordingly. This is a competitive industry. It's not like a water district or sewer district. That is a monopoly where there is no competition going on."

The Players
In 2018, Maziarz entered a guilty plea to a misdemeanor count of filing a false instrument and agreed to pay a $1,000 fine. He also admitted to hiding $95,000 in campaign payments to a former staff member accused of sexual harassment. He was initially charged with five felony election law violations. The investigation into Maziarz's activities began with the Morland Commission, which had been formed to investigate public corruption. 

Maziarz was also the subject of an FBI investigation. During the investigation, but before he was notified not to discard records, Maziarz reportedly had his staff shred campaign records going back to 1995.

During the press conference today, when asked about document shredding, he denied such shredding ever took place.

When asked today about his misdemeanor conviction, his first response was that Wojtaszek has one, too. Which is true.  Both convictions stem from the same Attorney General investigation.  Maziarz said both he and Wojtaszek received conditional discharges, which means the record is expunged if they avoid illegal activity for a specified period of time, usually six months.

Wojtaszek has been president and CEO of Western Regional OTB since 2016. Before that, he was the general council. He's been an attorney for 26 years and was active for years in Niagara County Republican politics, including a stint as chair of the county committee. He began his legal career as city attorney for North Tonawanda.

Wojtaszek said he and Maziarz once worked closely together.

Maziarz says the FBI is investigating Western OTB and Wojtaszek.  

In 2019, Batavia Downs officials denied there was such an investigation.  Today, Wojtaszek said the only knowledge he has of an investigation is the claim by Maziarz that a board member has been interviewed by the FBI.  He said he's aware of one other inquiry by the FBI in the past three years and that dealt with a contractor and the purchase of broadcast air time. In that case, the FBI was saying it was Batavia Downs that was getting ripped off.  Wojtaszek said FBI agents have never questioned him about anything related to Western OTB.

The lawsuit wasn't Maziarz's idea, Maziarz said.  He said after a story appeared in a New York Times publication, an attorney for Advocates for Justice contacted him and asked him to be the face of a lawsuit against Batavia Downs on behalf of taxpayers.

Maziarz, a man who admitted to public corruption, said Advocates for Justice specialize in fighting public corruption.

The lead attorney on the case is Arthur Z. Schwartz, the organization's president and founder.  Also signing the filing is Nathan McMurray, the former Delaware North attorney who unsuccessfully ran three times for a congressional seat in the NY-27, most notably losing to Chris Collins, then under indictment himself (he eventually entered a guilty plea) for insider trading. McMurray went to work for the law firm in November 2021.

As Wojtaszek noted, Maziarz has pursued corruption allegations against Western OTB for several years.

The Batavian obtained a copy of a deposition transcript from a confidential source related to a lawsuit filed by Michael Nolan, the former COO of the OTB, that reveals some of the connections between some of the players involved in the legal maneuvering and publicity-seeking of the principals.

Nolan's suit claims he was retaliated against for responding to FOIL requests from the media and others.  Wojtaszek said Batavia Downs has always been transparent and has always complained with the law on requests for public documents.

Nolan was the subject being deposed in the case in January 2021 when his attorney, Stephen Cohen, jumped in and attempted to clarify something his client had said. Cohen ended up talking at length about the connections between himself, Maziarz, and reporter Phil Gambini, who has doggedly pursued corruption allegations at Batavia Downs for several years.

In the deposition, Aaron Saykin, the Western OTB attorney in the case, attempted to uncover a possible connection between Nolan and Maziarz.  Cohen provided the opening because he tried to bill Batavia Downs for a phone conversation he had on behalf of his client with Maziarz.

Cohen said he did discuss Nolan's case with Maziarz but only in the service of trying to get more information from Maziarz that might assist his client's suit. He admitted that he knew Maziarz regularly spoke with Gambini and was likely the source of information that appeared in Gambini's stories about Batavia Downs.

Saykin's questions suggested that Saykin suspected Cohen of trying to plant stories with Gambini, including a March 29, 2019 story about the supposed FBI investigation.  Cohen deflects the questions and denies any interest in press coverage.

He said his only real interest was getting more information from Maziarz.

"I sought to get whatever I could out of Senator Maziarz," Cohen said according to the transcript.

Mr. Saykin: Because you knew he was pissed at Henry?

Mr. Cohen: Yes.

Mr. Saykin: And you knew he wanted to hurt Henry?

Mr. Cohen: Yes.

Photos by Howard Owens

During the first several minutes of the press conference this afternoon in the back parking lot of the former Kmart building, across the street from Batavia Downs, two Batavia Downs work trucks paraded up and down Park Road and through the parking lot (Park Road is undergoing reconstruction) and honked their horns, disrupting the press conference. Maziarz called the action sophomoric and evidence that Western OTB officials want to prevent the public from finding out what is going on at the facility. Batavia Downs President and CEO Henry Wojtaszek said when he found out what was going on with the trucks, he put a stop to it.

A 55-year-old male has reportedly fallen 15 feet down an Oatka Creek embankment behind the post office in Le Roy. Genesee County dispatch has requested emergency response.

UPDATE 10:21 p.m.: The patient is conscious and alert. Rope rescue is not needed.

Genesee County Dispatch reports a tractor trailer and motorcycle accident at Route 77 and Main Road in Pembroke.

Pembroke Fire and Indian Falls fire responding. Corfu is providing traffic control at Cohocton Road. 

UPDATE 7:44 p.m.: Mercy Flight is en route to the scene.

UPDATE: 8:03 p.m.: Mercy Flight is on the ground.

Batavia City Schools leaders have a “robust” summer school plan, they say.

Summer session will open July 12 and run for a month, to August 11. It’s a countermeasure for the ill effects of pandemic shutdowns. Instead of in the past, when students went to central designated sites, they will go to their own schools this year. Lessons will be taught from 9 a.m. to noon three days a week, and breakfast, lunch and transportation will be provided, said Molly Corey, executive director of curriculum and instruction.

“We’re being deliberate, the kids will stay at their own school. So Jackson is hosting their own summer school program, and John Kennedy and the middle school are as well. And we added extra staff for those locations, and we're combining transportation, that's a big variable as well.” she said during an interview Wednesday with The Batavian. “We want to ensure that we get kids there. And right now our numbers are looking really good. At Jackson, it’s 150, where normally we would have 50 students.”

Those grades — Pre-kindergarten, kindergarten and first grade — are the “critical grades” to reach in July, she said. They will be taught basic literacy skills so that, by third grade, students are expected to “be reading to learn” and to enjoy learning to read.

“So we hired more teachers and we have a longer day than we traditionally have had. Last summer it was a two-hour program; this summer it's a three-hour program just so we have adequate time,” Superintendent Jason Smith said.

Strategies also include pairing students with trusted adults and an element of compassion for what the students have already gone through, Corey said.  The district is targeting 500 students for the summer school program in all three schools while extended days have already been implemented at the high school.

There will also be more teachers, albeit with a more summertime feel, at the middle school. Unlike a stiff remediation vibe, the Ross Street school will offer math and literacy camps with “high engagement” for middle school students and veteran teachers serving as coaches, Corey said.   

“It’s really just hooking them into the learning,” she said. “Giving them more purposeful practice while they do so.”

Smith believes it’s essential to not only bolster students but teachers also.

“Teachers have had very, very busy days, they make thousands of decisions every single day. So we want to give them support, so they can best support our students,” he said. “And one way to do that, one effective way to do it, is to appoint math coaches. We have literacy coaches currently in place through COVID funds as well. At the high school, we’re using the extended day to help kids recover credit from where they didn't meet the expectations during credit from the previous year.”

The district applied for federal COVID funds made available to New York State in 2020. Batavia was awarded $9 million over a three-year period to afford measures such as additional personnel, programs, extended school days and transportation and meals during summer school. 

Smith feels the district must be doing something right, given its recent ranking in U.S. News as being in the top 40 percent of schools in the country.

“So we're doing well,” he said. “We're on track.”

Enrollment is still open for summer school. For more information, call the district at (585) 343-2480.

While teaching a third-grade class at John Kennedy Intermediate, Molly Corey noticed one particular little girl who said Batavia was not her first school district and most likely wasn’t going to be her last.

The third-grader was chronically absent — about one day each week — and didn’t seem terribly invested in her lessons.

“We were her fourth school, and she said she will be moving again. So her buy-in to wanting to do well really depended on the relationship. I had lunch with the girl, but teachers can’t do that every day. She thought it was special that I was working with her. Whenever she would see me she would light up,” Corey said during an interview with The Batavian. “You know what, it was that relationship that really just helped to keep hooking her; I know our classroom teachers are trying hard with that.”

Finding meaning in 'Learning Loss' ...
Two phrases that have become the “buzz words” in many school districts are “learning loss” and “social, emotional learning.” But what do they really mean? How did hybrid and remote learning affect kids, and more importantly, what are the remedies being purchased with COVID funds?

Each issue has greatly impacted students across all grades, and perhaps most crucial for children just starting to learn foundational lessons, Corey said.

“So if we start with the littlest ones at Jackson Primary, the incoming kids are really the ones most ready to thrive. It really was merely if anything changed with loss, it was because of quarantines or them being out being sick with a positive (test). So, we really tried hard to keep them on track,” she said. “If you were the first-grader or the second-grader, kids who had gaps in learning from not being here full-time last year, and from the first year of closure, some of the foundation skills that you would expect them to receive, where they're learning to read, and they're learning about basic number zones, we didn't have the same amount of time.”

The focus for teachers has been to catch up those foundational skills that students need to get into their normal curriculum and grade level, she said. Foundational skills include knowing the letters in sounds and understanding how they blend together, she said, then putting them all together in sentences. Those skills are the basics of learning to read and write, she said.

There's a sequence of skills students have to have — the building blocks — needed in order to master those skills and “build upon one another,” Corey said. “And it's a purposeful practice that really helps them to become fluent readers.”

Superintendent Jason Smith said the evidence has been evident through observing students and having conversations with teachers and principals: there are gaps in all grades due to remote learning and losing the consistency of routine.

No matter at what age, even with a solid one-to-one teaching model, it’s a difficult task, Corey said. Just imagine youngsters, especially, sitting at home staring at the computer. Working with one person. All-day long. “You can’t,” she said.

High school students, meanwhile, are struggling with earning enough credits, passing exams and meeting specific criteria for graduating at the end. Although the state Education Department gave out “some free passes” in terms of easing up on requirements for Regents exams, students still needed to acquire certain levels of knowledge," she said.

“But the reality is, we need them to pass the class, and being in person is an important factor to really give them time to show us what they know, with regard to subject,” she said. “So we have benchmark assessments that have told us some of the assignments that they're missing when there's brokenness with their schooling. We were focusing in on our seniors, obviously, we want to help them, but we have a plan in place for what we can do with the other grade levels as well.

“So we're pairing teachers with students, by content, and we're using a credit recovery system called Apex; it guides kids through the course. Because the ultimate goal is to learn and be successful, but the practical outcome is to have X number of credits to get the diploma. It's that balance to give them the compassion that they need, and the motivation to keep them going,” she said.

For Jackson Primary, John Kennedy Intermediate and the middle school, there will be an offering of summer school, taught three days a week. (See related article, “Batavia City Schools on track for robust summer.”)

“But we have these funds available, due in large part, whose goal in large part, is to help us address those gaps or the loss,” Smith said.

The social-emotional learning piece is tied to the kids’ ability to recognize and better regulate their emotions and have ability to interact well with others. Smith learned first-hand just how out of balance some students’ emotions are. He found himself getting involved with a student whose difficulties were escalating, and a report was sent to the superintendent. He helped to connect the student with a social worker and wondered what might have happened if the distraught kid missed out on that needed counseling.

Then there was the fourth-grader who began to cry, and then sobbed uncontrollably. These instances are happening, he and Corey said, and there need to be remedies to help students adjust to more than educational losses; many have mental health needs as well. Some 100 of those students not only had a pandemic to deal with, but they were also part of an ongoing trend of transplants. Throughout the school year, a portion of those 100 kids moves into the district while another portion moves out. Those fluctuations add another layer of need to help acclimate them to a new school, Corey said.

That’s where social-emotional learning comes in. The pandemic didn’t necessarily cause mental health issues as much as it put a spotlight on that piece, Smith and Corey said. In addition to hiring four new teachers to help with the academic shortfalls, another social worker will assist with the mental and emotional issues.

Federal COVID-19 funds were distributed for school districts to play catch-up with gaps due to pandemic shutdowns. Districts in New York State had to apply for the funds, explain the loss, the solutions being put in place and how they would assess outcomes. Smith said that Batavia City Schools was allocated about $9 million for three years.

After nine years at the city school district, Corey is experiencing new territory.

“It's some of the extremes ... Things we've never ever seen before,” she said.

Top Photo: 2019 File Photo of a Moving Up ceremony at John Kennedy Intermediate. Batavia City Schools officials are stepping up lessons, personnel and amount of time available to students to ensure continued progress toward graduation. Photo by Howard Owens.

Inset photo: Molly Corey, executive director of curriculum and instruction at Batavia City Schools. Photo submitted by BCSD

A caller reports that he was digging in the area of 3612 South Main Street Road, Pembroke, and struck a gas line.

Gas is leaking.

Pembroke Fire dispatched.

Photo by Frank Capuano

 If you have always wanted to operate an ice rink, you have until May 20 to submit your intent to file a request for proposal to City Manager Rachael Tabelski, she says.

Tabelski announced the move Wednesday night to secure a new agreement for leasing the David McCarthy Memorial Ice Arena. Former management company Firland Management, which took over the ice arena in 2006, has opted to cease operations of the Evans Street site as of May 31.

“Over the last year, the City has hosted Ice Rink Meetings with a group of community leaders representing the aforementioned hockey programs, Friends of the Rink, and the current operators.  These meetings have been helpful in creating the vision and strategy that the City seeks for the rink moving forward,” Tabelski said in a press release. “City Council has committed funds sponsoring a capital project to address the locker rooms and City staff is pursuing grants (to) make needed infrastructure investments.  The City looks forward to partnering with a professional operator to bring recreation opportunities to the City, and thanks (to) Firland and all of their employees for their work over the years.”

The city would like RFPs to be for no less than five years, and further details for proposals are below.

Opened in 1978, the Batavia Ice Rink consists of a single sheet of ice (200’ x 85’) with a capacity for 480 fans to attend games.  The ice rink has a warming room, locker rooms, and a refreshment stand.

The rink is located just outside of the downtown district and in the Creek Park redevelopment area.  The Ice Arena is a prime spot for fall and winter recreation in the City of Batavia, Tabelski said. “The arena is home to the Genesee Amateur Hockey Association (GAHA), Batavia Men's Hockey League (BMHL), and Batavia/Notre Dame High School hockey program.

The City of Batavia anticipates that the prospective operator will be able to be profitable while running the rink and will enter into an operation and lease agreement, she said.

RFP Responses shall be no more than 20 pages in length and contain the following:

1.      Corporate Structure/Respondent Information- Organization name, description, address, and form of entity (C Corp, S Corp, Partnership, LLC., LLP., Sole Proprietorship, Not for Profit). 

2.      Respondent Resumes- Organization employees and biographies describing the structure you envision to carry out operations at the rink (manager, scheduling, maintenance, promotions, concessions, etc.).  Include an organizational chart.

3.      Primary Contact- provide contact information (address, phone and email) for the primary contact for this proposal.

4.      Executive Summary- provide an executive summary to explain how you will operate the David McCarthy Memorial Ice Arena, what your organization will do to enhance the level of participation, and focus on revenue streams.

5.      Value Statement- describe how your organization will enhance the rink and bring value to the City of Batavia and City residents.

6.      Experience- provide details regarding experience/resume of staff/potential staff with ice rink operations and/or a general statement of experience running recreational, retail, or commercial operations.

7.      Proof of Insurance- respondents shall provide proof of insurance at the time of agreement execution.

8.      Proof of Financing- respondents shall provide a written description of how they will finance the operations of the rink examples include private capital, secured loan, bridge loan, and line of credit.  A proforma financial statement shall be provided with the response. 

9.      Budget- create a five-year budget plan and incorporate your projected operating expenses, projected revenue, projected net income, and lease rate (suggested lease rate to the City of Batavia and planned capital investment fund expenses are listed). 

Capital Investment Fund expenses are $5,000 suggested lease for Year 2022-23 with $0 suggested capital contribution; $10,000 for Year 2023-24 with a $10,000 suggested contribution; $20,000 for 2024-25 and $15,000 contribution; $25,000 for 2025-26 snf $18,000 contribution; and $25,000 lease for 2026-27 with $20,000 capital contribution.

Prospective operators should heed the important dates below, Tabelski said:

1.  May 20 – Interested respondents are encouraged to indicate your intent to respond to this RFP to Rachael J. Tabelski, City Manager, and City of Batavia by May 20. 
2. May 23 to May 27 – Interested respondents will be scheduled for Zoom or in-person meetings to review the prior financials, prior usage by major tenants, as well as tours of the rink as requested. 
3. May 31- Addendum, if any, will be issued to all respondents who have signed up with the City Manager.
4. June 10 - RFP’s are due on Tuesday, June 10 at 4:30 p.m. Four written copies of the proposal must be received at the City Manager’s Office by the deadline, and one emailed copy must be provided. 
5. July 11 - Final Selection will be made on or around  July 11. 

When the mask mandate was first lifted for students in public schools, the number of COVID cases reported amount the Le Roy Central Schools population was low to non-existent, Superintendent Merritt Holly told school board members at Tuesday's meeting.

But like the rest of the community, case numbers have been rising, he said.

"It's just something that is just hanging here as we get into the spring," Holly said. "I think as you've seen, flu numbers are still up. The two haven't gone away. We had a good stretch where we went a couple of weeks with no cases at all and since we've come back from break, we've had three or four (cases), five on a day. So they're up a little bit from where we were."

What Le Roy is seeing in cases mirrors what is being reported in the county as a whole, though in the past week, the number of new cases has leveled off.

There were 283 new cases reported in Genesee County for the week ending May 10, which is down slightly from the 286 cases reported the week before.

As for flu, there were 14 cases reported in Genesee County in the last week of April, according to the state's flu tracker web site.  There were 19 flu cases reported the week before and five the week before that.

Cast members of the Le Roy production of the Musical Newsies competed recently in a "Stars of Tomorrow" competition hosted by the Rochester Broadway Theater League and two of them are still in the running for a possible trip to New York City, Principal David Russell told the Board of Education on Tuesday.

Stars of Tomorrow is a workshop and competition open to high school musical performers from throughout the Greater Rochester Area.

Evan Williams and Nate Yauchzee were selected to participate in the next round, which broadway professionals judge at RBTL on May 26.

"If they are moved on from there, they actually win a trip to New York City, where they will have a great experience with the Broadway performances that go on down there," Russell said.

For more on the competition, click here, where you can also cast your vote for "fan favorite."

Photos: File photos by Howard Owens.

Nate Yauchzee

Evan Williams

Arc GLOW is apparently set to sell its garbage collection and recycling business to Casella Waste Systems.

The Arc board has not yet approved the transaction, and the terms of the sale are not available.

The Batavian made multiple attempts to reach Martin Miskell, the CEO of Arc GLOW, for comment. 

Joseph Fusco, a vice president with Casella, said, "We don't comment on rumors or reports of rumors." 

Casella is a publicly-traded company, and Security and Exchange Commission regulations can prevent people with direct knowledge of acquisitions and mergers from discussing such transactions. There may also be non-disclosure agreements in place.

The Batavian spoke with multiple Arc-connected sources about the sale of the trash business to confirm that a deal is in the works.

According to a source, Arc GLOW listed the business for sale some time ago and fielded multiple offers before settling on Casella.

Arc of Genesee (which merged this year into Arc of Genesee, Livingston, Orleans and Wyoming counties) was the exclusive garbage collection service for the City of Batavia for nearly 30 years until in 2013, when the City Council agreed to allow, or require, city residents to contract individually for waste and recycling collection.

According to sources, Arc has lost money on its trash and recycling business for several years.

Arc provides services, including multiple employment opportunities, for people with disabilities.

One source said Arc employees are worried that Arc clients employed by the trash business will lose their jobs once the transaction is final.

"There are multiple people in the trash/recycling (business) worried about losing their jobs," the source said. "Arc is supposed to be an inclusive employer with the goal of servicing the community."

Fusco was given an opportunity to address that concern during a phone interview and declined.

The source also said employees have other worries:

• Loss of the drive-in recycling service for recycling and redemption; and
• Employees who receive trash and recycling services from Arc will lose their discount.

There's no information available on when the Arc board might be asked to approve the deal or when the sale might be final.

Casella acquired two local trash haulers in 2019, Trash Away and PSI Disposal.

Waste Management is the other trash hauler with a significant presence in Genesee County.

Top photo: File photo of Arc garbage collection from 2013.

Photos by Howard Owens

The Arc Recycling Center, 3785 West Main Street Road, Batavia.

File photo.  Interior of the recycling center.

File photo: Protest at City Hall in 2013 over the proposal to end the trash contract with Genesee Arc.

File photo: A packed City Council chamber for a discussion in 2013 of the Arc contract.