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Internship available at Genesee County Park

By Press Release

Press release:

York State’s First County Forest has an Environmental Education Assistant Internship position open for May – August of 2022. The position is administered through the Student Conservation Association (SCA) and is located at Genesee County Park & Forest in East Bethany, NY. Applicants must be at least 18 years old with a high school diploma or GED and a US citizen.

Environmental Education Assistants develop, organize, plan and lead environmental education programs to audiences of all ages in a wide variety of settings under the guidance of park staff. Environmental Education Assistants also coordinate the efforts of park volunteers.

  • Conducting programs for schools, summer rec groups, scouts and the general public
  • Providing customer service to park visitors and program participants
  • Planning volunteer and park events
  • Writing articles for the parks seasonal newsletter
  • Marketing of park events, programs and resources
  • Scheduling and coordinating volunteers to assist with park events and projects
  • Providing training and orientation to new park volunteers

SCA interns earn a stipend of $140/week while serving and are eligible for an education award of $1,678 that may be used for student loans, tuition, classes or future college costs.

This position requires 16 weeks of 40 hour/week of service from May until August of 2022.

Hours are 6 a.m. to 5 p.m. Wednesday through Saturday. Flexibility is given in order to cover the prescheduled programs that are outside of the normal working hours within the 40-hour workweek.

Additional benefits:

  • First Aid/AED/CPR training provided
  • Experience and on-the-job training in Environmental Education and Volunteer Coordinating
  • Deeper knowledge of natural history and ecology
  • Job duties include volunteer outings (kayaking, hiking)
  • Networking with professionals in Environmental Science and Education

The application deadline is April 12, 2022

To apply: Apply online at western-ny-regional-candidate-only/po-00732618. For additional information contact Shannon Lyaski, Conservation Education Program Coordinator at Shannon.Lyaski@co.genesee.ny.us. 

Aspiring journalists encouraged to apply for the William F. Brown Jr. Scholarship

By Press Release

Press release:

The Jerome Foundation is sponsoring the William F. Brown Jr. Scholarship.  The award is given in memory of the late William F. Brown Jr., noted author, broadcaster, and journalist who contributed greatly to the quality of life in Genesee County through his writing, and as a member of numerous community and civic organizations. 

An annual $1000 scholarship for four years for a total of $4000 given to a deserving senior graduating from a Genesee County School whose intention is to pursue a career in the field of journalism, marketing, communication or public relations (in print, radio, television or digital media).

Applications for the scholarship have been sent to area High School Counselors or can be found at thejeromefoundation.org.  Applications are due May 9, 2022, and can be mailed to The Jerome Foundation, PO Box 249, Batavia, New York 14021.  If further information is needed, contact Chris Fix at thejeromefoundation@gmail.com.  

Capital project brings more security, clarity to Oakfield-Alabama’s home

By Joanne Beck

Out of all the exciting upgrades and renovations happening at Oakfield-Alabama School District, it’s perhaps the middle-high school revamp that will be of most importance.

The Lewiston Road school hasn’t exactly stood out to folks up to now, Superintendent John Fisgus says.

“We really need a front entrance at the middle-high school. We're going to have a huge lighted sign out front that says Home of the Hornets, so it'll be branded, where you can't miss it. If you've never been to our campus, it's hard to find. So we wanted to really make it welcoming and obvious to people when they pull in here, where the front entrance of the Middle-High School is,” Fisgus said Thursday to The Batavian. “We’re excited about all this work —- Currently, right now they're in the process of demo’ing the front entrance to our Middle-High School. It is a mess, but it's progress.”

That “progress” is part of a $15.3 million capital project approved by district voters in 2020. After nailing down the blueprints, contractors and plan of action, the work has been evolving at both the elementary and middle-high schools, with a completion date of this August.

The district’s goals were to improve safety and security at the schools, meet building codes and Americans with Disabilities Act requirements, complete mechanical and electrical infrastructure, and landscape upgrades. 

District officials presented the plan as a “tax neutral” project, due in large part to state aid, with remaining costs paid for with capital reserves money. All of the dirt, commotion and periodic disruption from equipment will be worth it in the end, Fisgus said. 

“We are redoing our Middle-High School main office, the guidance and mental health suites, we're redoing the front entrance here, to make it a more secure vestibule. All of the windows in the middle-high school building are being replaced with tinted windows and brand new frames and colors. So it's not the old green 1950s stuff.

“A majority of the work has been completed at the elementary school,” he said, including cafeteria, stage and kitchen redesign and reconstruction and a new main office area with a secure vestibule and entrance so that visitors will remain behind a locked door once buzzed into the building. 

“There are still some minor things that, whether we're waiting on warm temperatures to finish the front entrance, or that we redid the elementary cafeteria and some of the flooring needs to wait to be done over the summer because it's a major project,” he said.

Bleacher replacements, a gym divider and acoustic improvements in the gym and reconstructed toilets in the fifth-grade wing, a repositioned playground with newly graded mulch, borders and rubber mattings, a reconfigured front campus parking lot and a new student drop-off and bus loop will complete the elementary school’s phase one scope of work.

How about some brand new, resurfaced and repainted tennis courts? They're outback, with a new basketball court. An atrium wall of windows with skylights and district branding will complement a safer entranceway for the middle-high school as well. In addition to the new welcome sign will be labeled for other community sites, such as the entrance to the aquatics area. 

Much of the work wasn’t about want, but about need, Fisgus said.

“The big thing was to increase the security,” he said. “It's construction and there's a lot of vehicles here and a lot of supplies and materials, but, it's moving right along. And we're happy with the work being done. It's intrusive, but, you know, it'll be great once it's completed.”

Top photo:  Art Teacher Kim Leupold puts the finishing touches on a mural created by students at Oakfield-Alabama Central School on Lewiston Road (Route 63).  The mural is on a temporary wall in a hallway next to the new main office for the Middle-High school. 

Photos by Howard Owens.

District Superintendent John Fisgus holds renderings of exterior building designs.

Construction in progress for the Middle-High school’s new main office.

Newly resurfaced and painted tennis courts are part of O-A's capital project.

The remodeled elementary school cafeteria is ready for hungry youngsters.

Oakfield-Alabama Elementary School Principal Lynn Gehlert shows the new -- and more secure -- entryway for the elementary school.  

An expanded parking lot at the Middle-High School allows more room for visitors.

In addition to new stage lights in the auditorium, the rigging system has been upgraded.  Work will begin to replace the stage after the annual musical.

The new Nurse's Office in the elementary school

Acoustic tiles in the ceiling of the remodeled cafeteria in the elementary school will help dampen sound.

The new bus lot for pick-up and drop-off is exclusively for buses during those designated periods, and it also serves as an overflow lot for special events at the school when buses are not transporting students.

Oakfield-Alabama's $15.3 million capital project is in full swing, with a completion date by this fall.

Model Engineers hosting 100th 'Great Batavia Train Show' at GCC

By Press Release

Press release:

The Genesee Society of Model Engineers will host the 100th “Great Batavia Train Show” on Sunday, April 3rd, 9:30 a.m. to 3:30 p.m., at the Richard C. Call Arena, Genesee Community College, 1 College Road, Batavia, NY 14020. Admission: $6 (Adults), $3 (under 18 yrs.), Free (under 13 yrs.)

The train show typically attracts 1,200 to 1,500 model railroad enthusiasts and railfans from across Western and Central NY, Northwestern Pennsylvania, and Southern Ontario. There are over 100 vendors occupying 250 tables offering merchandise ranging from antique railroad artifacts to the most modern digitally controlled model trains. This year the Club will also be hosting the “Batavia Railroad Prototype Modelers Meet” along with the train show.

“We had hoped to host this milestone event back in 2020 but it got side-tracked due to COVID”, said Mike Pyszczek, Train Show Chair, “It's great to get things back on track again.”

The GSME began hosting Train Shows in the early 70s at the Holland Land Office Museum. From those humble beginnings the “Great Batavia Train Show” has progressively moved from the HLOM to the Alexander Fire Hall, Holiday/Sheraton Inn, Batavia Downs, and to its present home at GCC. Each move has allowed the show to continually grow in both size and popularity making it one of the premier events of its kind in Western New York.

The train club hosts two shows each year, a spring show in April and a Fall show in October. A free Open House is held, typically, on the first Saturday of December at the Club’s facilities in Oakfield where club members maintain operating layouts in O Gauge (Lionel), HO & N scale.

The Genesee Society of Model Engineers is located at 50 Main Street (Rte. 63), Oakfield, N.Y. (above the M&T Bank) and is open Tuesdays from 7:00 p.m. until 9:00 p.m. Business meetings are held the last Tuesday of each month. Visit www.gsme.org. Like us on Facebook. Visitors welcomed. (Stair access only.)

The Batavian Video: From the 2019 train show.

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Botts-Fiorito Post to hold Vietnam War memorial ceremony on Tuesday

By Press Release

Press release:

This Tuesday, March 29 is “National Vietnam War Veterans Day”, it recognizes veterans who served in the U.S. Military during the Vietnam War.

Botts-Fiorito Post #576, American Legion will again this year, be recognizing those who served by conducting a brief, but a meaningful ceremony at the Post, 53 West Main St. on Tuesday, March 29 at 5 p.m. sharp.

ALL are encouraged to attend and participate-acknowledging this significant event.

There will be refreshments served at the Post immediately following the ceremony.

Independent audit report gives WROTB passing grade; Don Hoover hired as live racing general manager

By Mike Pettinella

An independent audit of the Western New York Off-Track Betting Corp. revealed “a clean opinion” with no internal control material weaknesses, according to a certified public accountant with The Bonadio Group.

Randy Shepard, speaking at this morning’s WROTB board of directors meeting at the Park Road facility, said the corporation’s accounting procedures and financial position are in good order.

“From an overall perspective, we did issue an unmodified, or a clean, audit opinion. That's the highest level of assurance that we can give from an audit perspective,” Shepard reported. “And that's very important, as you go to bonding – and this year you did go out to bond – that having a clean opinion impacts your interest rates and things like that. So, a very good process.”

Shepard also said the audit did not identify any material weaknesses in internal control and made no adjustments to financial figures.

“So, when you think about the complexity of the organization, the many moving parts that are here, it's very critical to note that you've got a very strong internal control structure,” he said. “And then, from the perspective of audit adjustments, when we do our audit, we're looking for errors, misstatements, etc. There's millions of dollars that flow through the organization on a monthly basis. And we did not identify any audit adjustments as part of the process.”

He credited Chief Financial Officer Jacquelyne Leach and her staff for their accuracy in keeping the books.

“That’s very important,” he said. “So, when the board is making decisions, making key critical decisions, you're looking at those numbers, you know that they're accurate and that we're not coming in at the end of the year and making adjustments to what you've seen.”

Responding to WROTB President Henry Wojtaszek’s request to talk about about the corporation’s balance sheeting coming out of the COVID-19 pandemic, Shepard said “the rebound has been very nice.”

“Obviously, for the organization, volumes and patron activity levels have been higher here. And that really is demonstrated on the balance sheet in terms of where your cash position is. Your liabilities and your debt are much more manageable now that you’ve refinanced … So, I think your financial position is in a very good spot.”

Wojtaszek said he and the board are “ecstatic” with the audit report.

“We have no issues with in terms of internal controls or anything with our financial statements. They're clean,” he said after the meeting. “There are no issues and in terms of our balance sheet, and we are in a fantastic financial position at Batavia Downs -- especially coming out of a pandemic, where we were shut down for six months having no revenue. We are really in a great financial position.”

When asked if the audit addressed some of the problems found by the New York State Comptroller’s Office regarding the distribution of sports tickets and the use of company vehicles for the years 2017-19, Wojtaszek said all of those issues have been rectified.

“Again, we invited the Comptroller here in the first place,” he said. “We had resolved the majority if not all of the issues even before they came here, and so we feel very comfortable with them coming in here and anything they had pointed out. We were looking for any good advice and we took that advice.

“Jackie Leach and her accounting staff have done a great job of making sure that our financial house is in order.”

In other developments, the board passed several resolutions, including the following:

  • The hiring of Don Hoover to the consolidated position of general manager of live racing and race secretary, effective June 1 through Dec. 31 at a monthly salary of $12,000. Hoover, who has worked at several tracks, including Saratoga and Vernon Downs, replaces Todd Haight, who retired as the live racing GM after 20 years in Batavia.
  • A contract with Mark Lowe to serve as live racing consultant from April 1 through Dec. 31 at a rate of $3,500 per month.
  • A change order in a contract with Edward Hulme, Inc., of Warsaw, which is building a new warehouse and cold storage facility on the property. The action approves spending an additional $17,000 to modify the sidewalk portion of the project. Wojtaszek said he expects the $1 million, 5,000-square-foot structure to be done in May.
  • Contracts, with the total amount not to exceed $350,000, with several musical acts that will be performing at the 2022 Summer Concert Series at Batavia Downs. The series kicks off on June 17 with Tommy DeCarlo, current lead singer of Boston, and Rudy Cardenas, a Journey tribute vocalist.

Also, it was announced that $314,000 in winning tickets from OTB parlors have yet to be cashed. If not redeemed by the end of this month, the funds will go into the state treasury.

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'Transition team' prepares for monumental task of leading move to new Genesee County Jail

By Mike Pettinella

Calling the move from the current Genesee County Jail to the one that will be built on West Main Street Road over the next couple years “an enormous task,” Sheriff William Sheron today said he has complete confidence in the “transition team” he has assembled to lead the way.

Sheron emerged from a three-day training of the five correction officers at the Sheriff’s Office on Park Road by stating that it no longer will be business as usual when the new 184-bed, $70 million jail opens about 22 months after groundbreaking this spring.

“The team has an enormous task of transitioning, obviously, from the old jail to the new jail, which will be a revision of all our general orders, a revision of all of our policies and procedures and how everything is done,” Sheron told The Batavian.

“It's not as simple as just going from the old facility and taking the inmates and putting them into the new jail and operating like we used to at the old jail. There will be more programs and many different things to consider, such as meal distribution, inmate movement, medical, inmate and outside visitation, disciplinary, parking and special housing.”

The sheriff has appointed Corey Cieszki, Danni Stone, Austin Davis, Jenna Barber and Dennis Bartholomew (in photo at top from left to right with Sheriff Sheron) as members of the team.

“There was a solicitation to our staff because we wanted people that were interested in doing it – people that have the dedication and desire, I guess, to take on this responsibility,” Sheron said. “And we wanted people that have longevity left with them because when the facility opens up, these are going to be the go-to people for a while. They will know the mechanics of that building inside and out.”

Since Tuesday, the team has been studying under the guidance of Terry Moran, director of operations for the New York State Commission on Correction. Sheron said the training was an eye-opener for him.

“My eyes were completely opened here,” he said. “I had questions before from people saying, ‘Well, what’s this this transition team going to do?’ And I just had a brief overview from the Commission. They said they would come down and explain everything. Now that they’ve explained it, I see that these people (the team) are going to be busy.”

Sheron said he “can’t stress the importance of this team enough to make sure that this project is completed in a timely manner and in an operational manner so that when we open, everybody is fully trained and all procedures are set in place.”

County Manager Matt Landers echoed Sheron’s feelings, also stating that the first day of the training – which included county employees from various departments – brought numerous details to light.

“I think the average lay person would ask how could we have four individuals (the fifth will be an alternate) for the next two years, and they're in a room and all they're doing is policies and procedures,” he said. “If you went through the four-hour training we went through (on Tuesday) you can see the task ahead of them.”

Landers said the knowledge gained by the team members will make them “experts on this jail” and could result in career advancement to administration for one or more of these individuals.

“So, we're making investment in these individuals. And I think it'll pay off and they will be our future leaders in our correction side for years to come,” he said.

Top photo: The transition team goes over design drawings with Terry Moran, director of operations for the NYS Commission on Correction. Bottom photo: Moran addresses selected Genesee County employees during first day of a three-day training this week. Photos by Mike Pettinella. Bottom photo submitted.

Vehicle off the road, minor injuries in Bergen

By Howard B. Owens

One vehicle is off the road in the area of 7381 Clinton Street Road, Bergen, and minor injuries are reported.

Bergen Fire and ambulance responding.

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Bergen, NY - Read all about Genesee County's newest maple producer by clicking HERE (https://visitgeneseeny.com/blog/genesee-countys-newest-maple-producer). A small quantity will be made this year, and will be available for sale (while supplies last) at The Harford House Barn & Livery, as well as GO ART! in 8 and 12 ounce glass bottles with the label paying homage to the man that started it all.

Brother and sister team in Le Roy creates peer-to-peer tutoring program that is raising grades

By Howard B. Owens

Watching fellow students learn and grow because of the help you've given them and the friendship you've shown them is one of the most satisfying things in life, Evelyn Babcock told trustees of the Le Roy Central School District on Monday night. 

She recalled her interaction with one boy she tutored through a program called Knights Academic Access Program that she co-founded with her twin brother Brett Babcock.

"'I don't like it (school),'" she recalled a boy telling her.  "It's boring."  She added, exacerbated, "Oh, eighth-grade boys," eliciting laughter from the board, then she continued, "It's rewarding watching someone go from 19 in social studies to a 91 ... he was like ‘hey, this kind of isn’t that bad.’

"So to watch that drive sparked again, to see that drive and motivation and understanding organizational skills and understanding not just the academic portion but understanding optimism and attitude and energy and things like that that go into it, and watching a light go off in their eyes, is one of the most rewarding experiences I could ever say I had yet so far in high school."

Brett and Evelyn are highly motivated students.  They both have scholarships for Ohio State.  Evelyn is set on attending Ohio. She's even named her car "Scarlett" (one of the school's colors -- "I'm a bit obsessed," she told the board). But she doesn't know what she will major in.  She has "10,000 interests," she said.  Brett is a little less sure about Ohio but he's set on entering pre-med and becoming a doctor. 

With that degree of motivation, they found the options available for programs to help them meet their community service requirements were less than satisfying.

"My brother and I were looking for a way to give back going beyond painting rocks or chalk art on sidewalks," Evelyn told the board. "It’s pretty and all but our time is very valuable to us because we don’t have much of it and we're always busy so we wanted to put as much efficiency into our time as possible. We started contacting things like Big Brother/BigSister programs and trying to find a way and we were contacting everyone and there was no response, no results, so we were like, you know what, we’re going to start our own program.  Why not just start something?"

Sophomores at the time, it was the start of the pandemic.  It might be surprising that such motivated students felt they were falling behind academically.  

They thought if that was happening to them, what about students who were already doing poorly in school?  So they decided to start a peer-to-peer tutoring program. 

The twins contacted every person they knew, from administrators to fellow students, to try and get a tutoring program going.

Of course, the school supported it.  They cite former principal Tim McArdle especially for helping get the fledgling program off the ground, but say also Kelly Ronan, Austin Dwyer, and Jen Bertrand were supportive as well.

The reason the program has been successful, Brett told the board, is because it's student-run and there is a strong emphasis on tutors and the younger students building a friendship.

"It's not just tutoring," Brett said. "It's about having friends and having mentors."

"If we just made a tutoring program where you show up after school and you don't want to go to tutor but you're spending 45 minutes after school, I don't think it would be as successful, he said.  "We both preach, get a kid, stick with them, build a foundation, because it will be rewarding when you see them succeed in school but also see them laugh."

There are about 20 other student tutors and currently about 20 students being tutored.  And some of those tutors are ready to lead the program next year, Brett said, explaining that he's not worried about it going away after he and his sister graduate.

Not everyone who wants to be a tutor gets to be a tutor, Evelyn said.  There have been some sophomores who have applied to become tutors but they need to display both academic success and maturity. 

If sophomores are accepted, they tutor students younger than those typically assigned to juniors and seniors so that the tutor can maintain a level of separation and authority.

"The level of maturity needs to be there because you are impacting somebody’s life greatly, so we don’t want to be like, ‘hey, I want to be a tutor.’ No. That’s not how it’s going to work," Evelyn said.

Some students just need help at the end of a marking period.  Others need help all year.  Either way, the program is making a difference, the siblings said.

"We even get messages from their parents saying how it’s not just in school but at home, you can see their confidence rise due to they believe in themselves," Brett said. "They have a little bit more self-confidence because they see their grades rising and they can say, ‘I can actually do this.”  It’s so rewarding and it really shows how just a little step — this isn’t a huge program but for some people it is.  if you can save one person and help them grow as a person I would consider that win."

The board members were duly impressed.

"What you’re doing is awesome," said Trustee Rich Lawrence.  "You're planting seeds and those seeds are going to grow."

Vice President Denise Duthe said, "We're so so proud of you. The fact that you saw or thought that this was going to be something that people needed, and putting hours and hours into it is just outstanding."

The plaudits were followed by a round of applause from board members and administrators. 

Top photo: Brett and Evelyn Babcock present their tutoring initiative to Le Roy Central School Board during a meeting on Tuesday.

Rising oil costs 'paint' county into a corner when it comes to contracting for highway pavement markings

By Mike Pettinella

Genesee County Legislators were in for a bit of sticker shock tonight when they considered contracts for pavement markings over the next year.

Legislature Chair Rochelle Stein, noticing that monetary amounts and contractors’ names weren’t included in the original resolution, called for an amendment – prompting Highway Superintendent Tim Hens to provide additional details at the board’s meeting at the Old County Courthouse.

Hens said the 2022-23 price, effective June 1, represents a 25 percent increase from the previous cost, rising from $308 per mile to $388 per mile.

The resolution was amended to include that the county will be contracting with Seneca Pavement Marking of Horseheads for the bulk of the work and with Accent Stripe of Orchard Park for a smaller amount of epoxy pavement markings.

Stein remarked that as she read the resolution, she was taken back by large increase in price.

“The budget impact was a bit striking where the pavement markings are scheduled to rise at a negotiated 25 percent increase,” she said.

Hens advised that his options were to renew the contract at the negotiated price with Seneca Pavement “or putting it back out to bid.”

It all came down to rising oil costs, he said.

“We opted to negotiate with the vendor because price of paint, which is tied quite directly to oil prices that shot up just as gas has at the pump,” he said. “We actually got the 25 percent increase in pricing … back in February prior to the most recent shock in price.”

Hens recommended that lawmakers go with the current deal because “I'm afraid if we put it out to bid, I think our price would go up at least 50 percent or more just based on what we've seen in the last month and a half or two months.”

He said Seneca Pavement held the line on specialized markings – turn arrows, lettering, railroad crossing and hash markings such as the ones at Genesee Community College – at the 2021 level.

“Accent Stripe did hold their prices at the ‘20-21 pricing but again we don't really use that contract very much and for them to eat a little bit of cost probably isn't a big deal,” Hens added. “The main contract with Seneca Pavement Marking, I feel, is still a good value to the county.”

After Legislature Clerk Lisa Casey read the amended proclamation, legislators voted in favor of the contracts.

On another front, Stein reminded legislators that they will be meeting at 4:30 p.m. March 30 for a Committee of the Whole session to award bids for the construction of the new Genesee County Jail on West Main Street Road.

Legislature applauds contributions of women in society

By Mike Pettinella

"Thank you for the opportunity to represent the women in our workforce and in our community, where each are making history."

With that brief but important statement, Genesee County Assistant Manager Tammi Ferringer (middle in photo), along with Vicky Muckle, executive assistant to the county manager, accepted a National Women's History Month proclamation from County Legislature Chair Rochelle Stein at today's legislature meeting at the Old County Courthouse.

The proclamation reads as follows:

WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways, and

WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home, and

WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation, and

WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation, and

WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major social change movement, and

WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and especially the peace movement, which creates a fairer and just society for all. Now, therefore, be it

RESOLVED, that the Genesee County Legislature fully embraces National Women’s History Month.  The Genesee County Legislature recognizes the value women bring to leadership in the community.  Evidence of this value shines through the staff, management, administration and local elected leaders. Be it further

RESOLVED, that there are continuous contributions made by the women of Genesee County.  They capture the spirit of women’s determination and clear, forward thinking by demonstrating creativity, courage and forging career paths for women of all levels of society. Therefore, be it further

RESOLVED, Genesee County Legislature proclaims that March is designated as “Women’s History Month. A month to take notice and appreciate the hard work women have done, and the continued work ahead for women in all societies.                                                                            

Reforming New York's bail reform laws: Desperately needed or a desperate attempt to win votes?

By Mike Pettinella

Depending upon who you talk to, Gov. Kathy Hochul’s 10-point plan to revise New York’s bail reform statute is either a good first step toward granting judges more discretion in determining whether or not to impose bail for serious crimes or it’s simply a politically expedient move by someone looking to win an election in November.

In recent days, Hochul presented a comprehensive list of changes to the no-cash bail law, including, for the most serious felonies, allowing bail determinations to be informed by factors such as criminal history and history of firearm use and possession; making repeat offenses subject to arrest and posting of bail, and making some gun-related and hate crime offenses subject to arrest and incarceration (and not appearance tickets).

The proposal also is being made following the release of a Siena College poll indicating that two-thirds of New York voters are in favor of strengthening the no-cash bail law and giving judges the power to consider a defendant’s prior arrest record.

The Batavian reached out today to Genesee County attorneys and law enforcement personnel for their “takes” on the governor’s stance.

Genesee County District Attorney Kevin Finnell says he hasn’t read the details of all of Hochul’s points, but for the primary one – allowing judges to consider additional information – he believes that is appropriate.

“That’s what the judges were able to do pre-bail reform,” he said. “And I think giving them that latitude and authority is good because they're the ones that see these people, they evaluate them on a case by case basis, and the judges do a good job in deciding who's a flight risk and who isn't. So, having that back in the judges’ hands is a good thing.”

Finnell said he also agrees with judges having the ability to set bail on repeat offenders.

“Again, using the same criteria, assuming that they can, allow the judges to do what they've always done in evaluating the case -- the person and the likelihood that they'll return rather than just going to the least restrictive form automatically,” he said.

“That may be appropriate in a lot of cases and the judges will be able to still release people to under supervision or ROR (released on your own recognizance) when the case is appropriate. But giving them the extra tool -- the extra ability to set bail when appropriate -- I think is always a good thing.”

Genesee County Public Defender Jerry Ader sees Hochul’s plan much differently, stating that politics are playing a key role.

“I had hoped that the governor would have maintained her long standing position that any possible changes to the law as it related to bail would only be driven by data, not politics, and that gathering such data would take time,” he said. “Unfortunately, I am not shocked or surprised that political pressure has resulted in this new ‘re-election’10-point plan.  Maintaining power is powerful force.”

Ader pointed to The Brennan Center for Justice report, released yesterday, that “there is no clear connection between recent crime increases and the bail reform law enacted in 2019, and the data does not support further revisions to the legislation” (https://www.brennancenter.org/our-work/research-reports/facts-bail-reform-and-crime-rates-new-york-state).

“In our county, the bail laws presently in effect are working.  Money is no longer the driving factor as to whether someone charged with a crime is in jail.  Most people charged with violent felony offenses and many non-violent offenses can have bail set, if the court determines it to be necessary to insure the person appears,” he said. “If someone has been released, he can be remanded if he persistently fails to appear in court or is re-arrested for a felony.  There is no evidence that our county is any less safe.”

Ader acknowledged that gun violence is increasing, and he has “no problem with enacting new legislation or the state providing additional funding to help remove illegal weapons from our community. “

Calling Hochul’s plan “a step in the right direction,” Genesee County Sheriff William Sheron said that tougher gun laws are not the answer when dealing with the criminal element.

“I firmly believe that they can pass all these gun laws that they want, but the prime definition of “criminal” means criminals do not follow laws,” he said. “So, you can pass all the gun control regulations you want, but those with criminal intent are not going to follow those laws. The ones that are really going to be affected are the law abiding citizens.”

Sheron said laws with more teeth need to be passed.

“We have got to have more of a deterrence out there,” he said. “If people possess illegal firearms, or use a firearm illegally, they’re going to suffer severe consequences and that is going to send the message to other people.”

The sheriff also said he’s on board with giving judges more discretion in the bail process to prevent instances of repeat offenses, something that he says have been on the rise and are endangering the public.

“One that comes to mind is where the individual was stealing motor vehicles from around the area,” he said. “We would catch them with one, and he’d go before a judge and get released. It wasn’t a bailable offense and he’d steal another car. It was just a vicious circle. I forget the total number of vehicles he stole, but he knew there was no chance he was going to jail, so it was a big game to him.”

Sheron said society has gotten away from the “standards of accountability.”

“People make mistakes, I get that, but there has to be a deterrence. Even with kids in school. They see there are no consequences to their misbehavior or their improper actions, and that leads to more improper actions.”

Batavia City Police Chief Shawn Heubusch said he hopes “changes are meaningful and will address crime in our area.”

He said he stands with the New York State Association of Chiefs of Police, which issued a statement today contending that the state’s effort to correct “historic inequalities in the criminal justice system” … “tipped the balance so far in favor of the accused that public safety has been jeopardized.”

The statement continues, “We believe that it is possible to create a system in which the rights of the accused are respected while the rights of victims and the public are also respected. Public safety must be a priority. We look forward to working with Governor Hochul and the legislature to identify the proper path forward.”

Heubusch said that “one size fits all packages coming out of Albany do not work in every jurisdiction and do not address the impacts to our neighborhoods and communities.”

“We are hopeful that meaningful change will be implemented to aid us in protecting our citizens.”

Finnell said local justices are qualified to make proper judgments, as long as they are given the power to do so.

“I also think recognizing that not everybody should go to jail is important, too,” he said. “That's the other side of the coin. The purpose of bail is and always has been to ensure that somebody will appear for when required in in County Court. But we've seen that fail in many ways since bail reform.”

Ader stated that he agrees with the governor on her call for increased funding for pretrial, diversion, and employment programs and for mental health treatment.

“It would also help our community immensely if the non-monetary release option of electronic monitoring could be implemented in our county.  It is an option under the present law but has never been used in our county,” he said.

Overall, he thinks Hochul’s 10-point plan is a “knee-jerk political reaction” that moves the state back to a more subjective and repressive system of bail.

“It may make some people feel better, but that’s not the reason for legislation,” he said. “Laws and changes to them need to be driven by data and facts, not emotion.”

The 10-point plan, per a published report in the New York Post, includes:

  • For the most serious felonies, allow bail determinations to be informed by factors including criminal history and history of firearm use and possession. Judges will be allowed to set bail not based solely on the “least restrictive” conditions deemed necessary to ensure a return to court. The statute will set forth specific criteria on which judges will base their determinations, including criminal history and history of firearm use/possession.
  • Make repeat offenses subject to arrest and bail-eligible
  • Make certain gun-related offenses, hate crimes offenses, and subway crime offenses subject to arrest and not [desk appearance tickets]. Certain offenses which presently are subject to desk appearance tickets will be made only eligible for arrest.
  • Make certain gun-related offenses bail-eligible.
  • Make it easier to prosecute gun trafficking.
  • Targeted reforms of the discovery statute.
  • Targeted reforms of the “Raise the Age” statute.
  • Increase funding for pretrial, diversion, and employment programs: Hochul’s budget already includes $83.4 million for pretrial services, but the governor would increase that amount — although the memo did not say by how much. It would also distribute the nearly $500 million appropriated for “Raise the Age” implementation that has not yet been spent.
  • Expand involuntary commitment and Kendra’s Law.
  • Increase funding for mental health treatment.

Le Roy Wrestling Club wins tournament

By Press Release

Press release:

On March 2nd, 2022, the Le Roy Wrestling Club took home the Greater Rochester Youth Wrestling League Championship!

Team Le Roy entered the Western Division with a 6-0 record, once again allowing the Le Roy team to display their athletic skills amongst the best of the Greater Rochester Youth Wrestling League (GRYWL).   

In dominant fashion, Le Roy exhibited their extensive skills versus Hilton, Brockport, and Greece in three separate battles, allowing the team to advance.  Their opponent in the championship semi-finals was Webster Thomas.   

Le Roy won 40-17 over Webster Thomas to advance to the final championship bracket vs. HFL.

HFL was a tough team, but fell short as Le Roy won 47-18 for its first of many anticipated future GRYWL championships!

Le Roy’s success is attributed to a unified village collaborating for the greater good of developing youth wrestling.   A huge thank you to Sean Valdez and D&R Depot for their amazing facility and support.    Jonathan Lauricella (coach), Troy Ireland (coach), Zach Condidorio (coach), Matthew Wojtaszczyk (coach), Cory Beardsley (coach), Rob Stiles (coach) and several parents have assisted as well in every capacity from coaching, managing concessions, and caring for one another throughout the season.   Congratulations to the Le Roy Wrestling Club!

Photos by Mary Winseman

DA's office prevails on three appeals

By Press Release

Press release:

In cases that were decided on Friday, March 18, the regional appellate court affirmed three felony convictions prosecuted by the Genesee County District Attorney’s Office.

  • Michael B. Collier’s conviction for attempted assault in the second degree was affirmed. He was convicted in 2019 of fighting with an inmate of the Genesee County Jail while both men were incarcerated there. The incident was caught on surveillance video. The Appellate Division, Fourth Department, noted “the evidence of guilt is overwhelming.” To read the full decision, click here (pdf).
  • Iszon C. Richardson’s sentence was affirmed; he was convicted of burglary in the second degree in 2019 and was sentenced to five years in state prison. While pending sentencing on a previous felony charge, Richardson committed burglary and criminal contempt for being in the home of, and fighting with, the same protected party as in the prior conviction. To read the full decision, click here (pdf).
  • Anthony Spencer, Jr., was convicted of gang assault in the first degree and assault in the first degree, and in 2018 was sentenced to 15 years in state prison. A witness testified at trial that Spencer, along with up to nine others, attacked the victim with a cooking pan. Batavia Police Officer Arick Perkins received the Life-Saver Award for applying a tourniquet to the victim. On appeal, Spencer argued that, among other things, his trial attorney was ineffective for allowing the jury to hear about Spencer’s nickname, “Trouble.” He also argued that the jury should have been told that Spencer could have been justified in his attack of the victim. The Appellate Division, Fourth Department, rejected Spencer’s claims of ineffective assistance of counsel and determined that “Contrary to defendant’s further contention, County Court properly denied his request for a justification instruction.” To read the full decision, click here (pdf).

The Legal Aid Bureau of Buffalo, Inc., represented all three defendants on appeal. Assistant District Attorney Robert J. Shoemaker represented the People of the State of New York on appeal in all three matters.

Today's Local Deals: Santino's Pizza, Eli Fish, Jagged Edges, and more

By Howard B. Owens

Reminders of how the Deal of the Day program works:

  • To make purchases, you must be registered. Deal of the Day uses a registration system that is not connected to the registration for commenting on The Batavian (the main user login in the upper left of the homepage).
  • Once registered you must sign in using the "sign-in" link in this box.
  • You click on the orange button, which appears if the item is not sold out, and it takes you to a PayPal button. This allows you to pay either with your PayPal account or with a credit card/debit card. The login for PayPal is completely separate from our accounts.
  • The first person to successfully complete the PayPal transaction wins the gift certificate.
  • You are eligible to buy the same item only once in a four-month period. We use the registration system to track this for you so you don't have to.
  • Only one gift certificate from the same business PER HOUSEHOLD is allowed in each four-month period. We do not have a way to automatically track duplicate purchases within a household; however, if we notice such a purchase, we reserve the right to cancel the purchase and refund the purchase money. Each individual buyer must use his or her own PayPal account for purchases. It's important that participating businesses not be asked to redeem multiple gift certificates from the same person/family at the same time.
  • Gift certificates should be used within 30 days of receipt.
  • Sign-in issues? First, make sure you are registered for Day using the link at the top of this post; Second, if you know you're registered, use the "sign-in" link in this post; do not use the "login" box on the left side of the page.
  • Problems, questions, concerns about the Deal of the Day? Email Howard Owens:   howard@thebatavian.com

Law and Order: North Carolina man accused of possessing illegal weapon

By Howard B. Owens

Michael Alan Jones, 24, of Welford Road, Charlotte, N.C., is charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, driving an unregistered vehicle on a highway. During a traffic stop at 4:36 p.m., March 19, on School Road, Le Roy, by Deputy Kenneth Quackenbush, Jones was allegedly found in possession of an AR-15 rifle. He was arraigned in Town of Le Roy Court. He is scheduled to appear again on April 21.  Deputy Nicholas Charmoun assisted in the investigation.

Krystle Denise Sanders, 37, of East Avenue, Batavia, is charged with petit larceny.  Sanders is accused of shoplifting from Walmart at 10:43 a.m., March 18.  She was released on an appearance ticket.

Katherine Frances Foels, 36, of Elm Street, Attica, is charged with petit larceny. Foels is accused of shoplifting from a store on Veterans Memorial Drive in Batavia. The name and address of the store were withheld from the press release. Foels was released on an appearance ticket.

Adam Eugene Bortle, 38, of Lackawanna Street, Wayland, is charged with promoting prison contraband and three counts of criminal possession of a controlled substance. Bortle was transported to the Genesee County Jail after being arrested on a warrant. He reportedly denied possessing any narcotics or other contraband.  He was allegedly found in possession of controlled substances during a search.  He was held until arraignment at a later date.

Ryan Thomas O'Connor, 37, of Center Street, East Aurora, is charged with DWI, driving left of pavement markings, and moving from lane unsafely.  O'Connor was stopped on Route 77 in Pembroke at 10:59 p.m., March 19, by Deputy Trevor Sherwood. He was issued an appearance ticket.

Anthony Daniel Micucci, 27, of Darien Alexander Townline Road, Alexander, is charged with escape 2nd.  Micucci was reportedly arrested on a warrant and while entering Town of Pembroke Court at 3:45 p.m, March 12, Micucci allegedly escaped from custody by running from law enforcement. He was taken into custody by Deputy Kevin McCarthy after a foot pursuit. He is also charged with three counts of criminal contempt 1st for allegedly violating an order of protection by calling the protected party in a complete stay-away order.  He was issued an appearance ticket.

David Michael Martin, 61, of West 6th Avenue, San Manuel, Arizona, is charged with bail jumping second.  Martin was arrested in Arizona and extradited to New York after allegedly failing to appear in Genesee County Court on a grand larceny 3rd charge.  He was arraigned in County Court and ordered held on $5,000 bail.

Sean G. Johnston, no age or residence provided, is charged with assault 3rd. Johnston was charged following an investigation by Le Roy PD into a disturbance at an apartment building in the Village of Le Roy.  No date or time for the disturbance provided. Johnson was issued an appearance ticket.

Cyle Hindle, no age or residence provided, is charged with felony DWI, aggravated unlicensed operation 1st, and driving with unsafe tires. Hindle was stopped by Le Roy PD at a time and date and location not specified in the release. He was issued an appearance ticket.

Brian M. Raphael, 33, of Batavia, is c charged with petit larceny. Raphael is accused of taking a package delivered by Amazon from the porch of a residence on Summit Street on March 11 at 12:01 p.m. Raphael was allegedly found with the package by Batavia PD after the resident was notified by Amazon that the package had been delivered.  He was issued an appearance ticket.

Brooke M. Davis, 29, of Medina, was arrested on a warrant. Davis is accused of failing to appear for a court appearance in the Town of Batavia. Davis was arraigned in Town of Batavia Court and released on her own recognizance.

Leroy M. Stafford, 41, of Basom, is charged with felony DWI, aggravated unlicensed operation 1st, and driving without an interlock device. Stafford was stopped by State Police at 8:54 p.m., March 20, in the City of Niagara Falls. He was released on an appearance ticket.

Steven A. Wasielewski, 38, of Pembroke, is charged with criminal obstruction of breathing. Wasielewski was arrested by State Police in connection with an incident reported at 12:21 p.m., March 20, in the Town of Pembroke. He was released on an appearance ticket. No further information released.

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Le Roy trustees approve David Russell as new principal for Jr/Sr high, starts April 25

By Press Release

Press release:

On Tuesday, March 22, 2022, the Le Roy Board of Education unanimously approved Dr. David Russell as the new Jr/Sr High School Principal. Dr. Russell will start officially on Monday, April 25, 2022.

Dr. Russell is currently the assistant principal at the Cosgrove (Spencerport) Middle School, a position he has held since 2019. Previously he was the principal of the Western Wayne Summer Academy, a Wayne-Finger Lakes BOCES program. Dr. Russell was also a special education teacher at Sodus Central School District and the True North Rochester Preparatory Charter School.

“We are very excited to bring Dr. Russell’s energy and passion to collaborate with our students, teachers, and parents,” said Merritt Holly, Superintendent of Schools. “He is a strong instructional leader who has consistently made positive connections with all stakeholders in his previous experiences. We look forward to Dr. Russell’s leadership as we continue to follow our vision to cultivate a world-class community of learners who exceed core local, state, national, and international standards.”

The mission of the Le Roy Central School District is to provide an exceptional, high-quality educational environment where all learners are empowered to succeed.

Dr. Russell earned a Bachelor of Arts, History, Adolescent Education from SUNY Geneseo, a Master of Education from Roberts Wesleyan College, and a Doctor of Education from the University of Rochester. Along with his special education certification, Dr. Russell also holds New York State certifications as a School Building and School District Leader.

The district posted the position on February 2, 2022, and 17 candidates applied. First-round interviews with four applicants were held on Friday, March 11, 2022. A 15-member committee consisting of students, teachers, parents, administration, and board members narrowed the field to two finalists. Second-round interviews with the administrative team took place on Thursday, March 17, 2022. A final interview with the superintendent was conducted on Friday, March 18, 2022.

Dr. Russell takes over for Mr. Tim McArdle, who left on Friday, February 4, 2022, to take an assistant principal position at Caledonia-Mumford Central School District. The district would like to sincerely thank Mrs. Beth Patton, who has been interim principal since Monday, February 7, 2022. 

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Superintendent of Water and Wastewater (HELP Program), City of Batavia, NY The City of Batavia, NY seeks a creative, team-oriented professional to serve as Superintendent of Water and Wastewater. The Superintendent oversees all administrative, operational, and maintenance aspects of the community’s water and wastewater systems including the City’s water plant, wastewater plant, and the City’s water distribution system, as well as building maintenance, street lights, traffic signals, and pump stations. $87,300 - $105,856 yearly. Send cover letter, resume, and contact information including email addresses for five work-related references, and completed Genesee County application to: Teri Dean, Employee Payroll/Insurance Clerk One Batavia City Centre, Batavia, NY 14020 or tdean@batavianewyork.com Accepting applications until the position is filled. Background check, personality assessment, and physical with drug testing are required. Candidate must become a resident of the County of Genesee or any adjacent town to the County of Genesee within 6 months of the date of conclusion of the probationary period for the City of Batavia. EEO See the full job description at: https://www.geneseeny.gov/Department-Content/Human-Resources/Job-Specifications Genesee County Application: https://www.geneseeny.gov/Department-Content/Human-Resources/Human-Resource-Forms
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