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Joyce and Bob Spamer fell in love with the soulful sounds of southern gospel music over a decade ago. In an effort to share that love with others, they embarked on booking concerts for their fellow Western New Yorkers.

Through their foundation, Southern Gospel New York, the Spamers seek out Southern gospel talent from all over the South and invite them north for concerts.

Now, the pair is hosting a concert featuring the hometown southern gospel band, the Needhams.

With over two decades under their belts touring and singing together, the Needhams will return to their hometown of Batavia to perform a homecoming concert.

The band has written and recorded seven albums, including their latest: "Legacy."

This album features 10 new songs and commemorates the group's 25th anniversary.

The Needhams is a family band. Formed by Sr. David Needham, the band is comprised of Dave Needham (his son), Diane Needham (his daughter), and her husband Steve Mummert.

Being big fans of the storytelling and talent of the band, the Spamers wanted to ensure that the Needhams felt loved and honored by their hometown.

“We wanted to make it big this year because they’re celebrating their anniversary in singing. The dad, Dave Sr. has been singing for 60 years, he started the Needhams,” Joyce Spamer said. “It’s encouraging. They need the encouragement to know that people are excited about what they do. They are putting us on the map.”

The family gravitated to gospel, Bob Spamer said, and to music's personal meanings.

“We’ve always loved gospel music. There’s a message in the music,” Spamer said. “These gospel songs tell a story. A lot of people write from the experiences they’ve had.”

All who wish to attend the event on May 26 are invited to go to Batavia First Methodist Church at 8221 Lewiston Road, Batavia. The concert begins at 7 p.m. No tickets are required, however, a love offering will be taken to help support the ministry of the Needhams.

Submitted photo

Just a few months removed from what Western Regional Off-Track Betting Corp. officials reported as a record year for revenue, signs are pointing toward even greater earnings for Batavia Downs Gaming in 2023.

“We experienced a record 2022 and now the first quarter of 2023 is up 16 percent in what we distribute (to member municipalities),” WROTB President Henry Wojtaszek said following this morning’s board of directors meeting at the Park Road facility. “It’s the highest net win by more than a half a million for the corporation, so it’s really been a blockbuster first three months of the year for us.”

Jacquelyne Leach, the corporation’s chief financial officer, provided a report to The Batavian that shows that distribution of surcharge and earnings to the 17 participating municipalities for the first quarter of 2023 compared to the same time period in 2022.

The numbers indicate that $2,269,956 in surcharge and earnings was generated this year compared to $1,956,149 in the first quarter of last year.

Genesee County’s share increased by 18 percent – from $42,002 to $49,664.

Leach also pointed out that the "net win" for March was the corporation's highest ever, $7.7 million. "Net win" is defined as credits played in the machines less credits won, she said.

Wojtaszek said Batavia Downs Gaming is bucking the trend in the gaming industry, citing information shared at a recent conference in Atlantic City.

“We heard that while the industry is doing pretty well as a whole, the indication is that the brick-and-mortar part of the casino (business) isn’t necessarily up, depending where you are, geographically,” he said. “But we’re clearly a brick-and-mortar operation and we’re clearly having a banner year. Our numbers are definitely up.”

He said he is optimistic that 2023 will exceed last year’s figures.

“(The first quarter) is usually the slow season. We’ve experienced no slowdown and now we’re coming into the busy part – with the Triple Crown, the concerts and many other events that we have here. So, we’re looking forward to a great 2023.”

On another front, Wojtaszek said a committee looking into the possibility of expanding The Hotel at Batavia Downs met on Wednesday and is leaning toward recommending the expenditure of up to $100,000 for a feasibility study and architect’s rendering.

“We’re going to be careful in our analysis of it and spending any money, but in order to figure out whether or not the expansion of the hotel is warranted, we’re most likely going to have an architect give us some drawings and have a market study done as to the return on the investment … if we do expand,” he said.

Following last month’s meeting, Wojtaszek mentioned the possibility of adding 42 rooms to the 84-room facility, but today he backtracked a bit.

“We discussed it yesterday and decided not to sit on a number at this point,” he said.

He pointed out that the hotel has been very busy and sold out on many nights, but wasn’t sure if “we’ve hit that tipping point to necessitate additional rooms.”

Wojtaszek also noted that an expansion would enhance the ease of guests’ entrance into the hotel.

“We want to make sure we have a safe drop-off area and convenient drop-off area for people,” he said. “Now, it’s a difficult situation relative to the drop-off and entrance to the hotel. We’ve acknowledged that and we’re trying to give a better experience to the guests arriving at the hotel.”

He did say that Downs’ officials will address the drop-off situation regardless of the decision on expansion.

Press Release:

Richmond Memorial Library’s Annual Trustee Election will be held in the Library’s Gallery Room on Thursday, May 4  from 9 a.m. - 9 p.m. Any registered voter residing in the Batavia City School District is eligible to vote. There will only be a Trustee Election this year (not a Budget Vote), since an increase in the library budget is not being requested.

Mr. Richard Beatty is the sole candidate running unopposed for the seat. The term is for 3 years and runs from July 2023 through June 2026. Richard was born and raised on the west coast of Florida before setting off on a life and career path that eventually brought him to Batavia. Since the summer of 2000, Richard and RaeAnn Engler have called Summit Street home. Richard is active in the community volunteering for the Holland Land Company, the Batavia Community Garden, GO ART! and as a member of the Books Sandwiched In committee. He has been a docent at Buffalo’s Frank Lloyd Wright masterpiece, the Darwin Martin House since 2004. Most every morning of the week you will find him at Pub Hub Coffee sorting out the world’s troubles with whomever may be there.

A motor vehicle accident with injuries and blocking is reported in the area of 4063 West Main Street Road, Batavia.

Town of Batavia Fire, along with Mercy EMS dispatched.

UPDATE 10:11 a.m.: A first responder reports that the road is not blocked. Both vehicles have pulled into a business's parking lot.

UPDATE 10:12 a.m.: Two patients, one ambulance sufficient, hold the assignment to Rescue 20.

Only one person spoke during a public hearing about Genesee County’s Agricultural District 1 Wednesday, and it was the organizer of the hearing, Director of the county Planning Department Felipe Oltramari.

He explained the process and importance to conduct reviews and hearings for Ag Districts, which occur every eight years for each of four different districts.

“It’s a very well-known program, it's been around since the 70s. It benefits the farmers and gives them the right to farm protections from the state. So it's a voluntary program that landowners enter into, and we administer. It's an eight-year term that they have to agree to, so this is their one chance to move their property in or out of the district," he said after the hearing and county Legislature meeting. “It’s fairly common for there not to be any speakers because it's not very controversial and protects the farmland, protects the farmers from being able to do the things that farmers need to do without fear of lawsuits and things … it's mostly protection from nuisance lawsuits or from regulations that a town government may place upon them that wouldn't allow them to continue their operations.”

The public hearing was about the review and modifications “for the folks who have asked to be removed and the folks that have asked to be put back in,” he said.

District 1 includes the towns of Alexander, Batavia, Bethany, Darien, Pembroke and Stafford. There are 69,193.97 total acres, and of those, 17,119.86 are owned by farmers, and 7,514.13 are rented by farmers. Since the last review, 1,507.13 acres have been added and 414.82 removed.

Oltramari asked the Legislature to adopt a resolution stating that the public hearing was conducted and the ag district review “has been determined to have no significant effect on the environment after preparing and evaluating a Short Environmental Assessment Form (EAF), and "WHEREAS, the Committee on Public Service does concur with the recommendation of the Agricultural and Farmland Protection Board. Now, therefore, be it RESOLVED, that the Genesee County Legislature does hereby approve of the adoption of the proposal for the continuation and modifications of Agricultural District No. 1 in the Towns of Alexander, Batavia, Bethany, Darien, Pembroke, and Stafford as recommended by the Agricultural and Farmland Protection Board for a period of eight years."

District Review Worksheets were mailed to the 1,200 landowners listed under District 1 on January 22, 2023, allowing them to make modifications to their land’s status and requesting information about their operation, Oltramari said in the county planning report

Owners responded to the mailed worksheets by either returning the included paper form, completing a web-accessible form, or calling the Planning Office. Of the 1,200 worksheets sent, 49.5 percent (596) were returned or had a response recorded.

Returned worksheets account for 64.6 percent of the parcels and 68.3 percent of the acreage. The return rate was higher than the 2015 review, which had a return rate of 40.2 percent, he said.

Altogether, farms account for 39,507 acres (58 percent) of the District. This data analysis is incomplete, however, as the calculations include only a partial estimate of the data attributable to the 50.5 percent of the landowners who did not respond to the mailing.

As a result of the review, 48 properties consisting of 1,440 acres were added to the District, and 220 properties totaling 2,589 acres were removed from the District. These modifications account for a net loss of 1,149 acres or a change of -1.7 percent, the report stated

In accordance with the Department of Planning’s process to revise the Agricultural Districts, properties of less than 2.5 acres without apparent farm-related activities and large-scale non-farm-related commercial properties received a targeted mailing which specified that if they did not respond, the parcel would be removed from the Agricultural District.

As part of this process, 144 targeted mailings were sent out, and 103 parcels totaling 124 acres were removed due to no response being received. These removals account for 4.8 percent of the acreage removed from the District.

Smart Growth, Farmland, Comprehensive Plans
The County has adopted a Smart Growth Plan, an Agricultural and Farmland Protection Plan, and a Comprehensive Plan. The renewal of Agricultural District No. 1 “will be in harmony with the long-term goals of agricultural protection and the economic growth strategies contained within these plans.” The benefits and protections afforded farm operators enrolled in the Agricultural District program help to meet the long-term goals of these plans and are integral to their strategies.

Genesee County’s Agricultural and Farmland Protection Plan (adopted in 2001 and updated in 2017) prescribes a plan of action to boost the economics of local farming. At its core are a series of land use and economic incentives designed to address the bottom line of farm operations. The benefits of the Agricultural District program help to achieve these goals as an incentive to keep lands in agricultural production, the plan states.

The Plan’s second recommendation is to “reaffirm the importance of existing agricultural districts, especially with regard to water and sewer extensions.” The 2017 update found that “Extension of water and sewer infrastructure has been effectively controlled through the County’s Smart Growth Plan, which, as noted above, respects the importance of Agricultural Districts. Recognizing the impacts of extended infrastructure into Agricultural Districts, "the Genesee County Legislature adopted the Smart Growth Plan in May of 2001 to prevent new waterlines from encouraging the development of prime agricultural areas in the County," it states.

What does the renewal of ag districts mean for the county? It gives a boost by "maintaining a financial incentive to keep prime agricultural land in agriculture," the report states. 

Local Comprehensive Plans
All of the Towns with lands in Agricultural District No. 1 have adopted Comprehensive Plans. According to the planning report, the adopted plans indicate "a strong desire in these communities to preserve and protect agricultural lands and their rural character." These local plans include:

• The Town of Alexander’s Comprehensive Plan (adopted in 2003) indicates a strong desire to preserve and protect agricultural lands and their rural character.
• The Town of Batavia’s Comprehensive Plan (adopted in 2017) supports agricultural land uses by stating goals to “promote the continued economic viability of agriculture,” “preserve a large, contiguous area of high-quality farmland to ensure a viable land base for continued agricultural production in the Town,” and “reduce the potential for conflict between farmers and non-farming neighbors.”
• The Town of Bethany’s Comprehensive Plan (adopted in 1997 and amended in 2007) indicates that “many residents support the preservation of viable agricultural activity.” The Plan encourages the “development of new agricultural related businesses” and states that “Residential and other developed land uses should be appropriately sited so as to minimize potential conflicts with agricultural activities.”
• The Town of Darien’s Comprehensive Plan (adopted in 2005) states a goal to “Provide for the protection of farmland for agriculture as an important environmental, economic, and aesthetic component of the community, and consider the impacts on agriculture in all actions of the Town.”
• The Town of Pembroke’s Comprehensive Plan (adopted in 2007) provides an objective “to ensure that agricultural land in the Town is protected and remains a viable economic opportunity,” and the Town lists these as action items: “Utilize cluster development and planned unit development practices in rural areas, implement existing land uses ratios to restrict the subdivision of land in viable agricultural areas, and study and inform agricultural Businessmen/ Landowners about the benefits of land trust easements to preserve agricultural land.” The future land use map within the plan identifies the majority of the land in Agricultural District No. 1 as Agricultural and Agricultural/Residential.
• The Town of Stafford’s Comprehensive Plan (adopted in 2007 and revised in 2009) states as a goal to “Support and protect agricultural lands” and “recognize the importance of farming to the character, economy, and spirit of the Town.” The Plan recommends the Town consider “adopting a local ‘right to farm’ law.

The Town of Batavia is the only municipality with lands in Agricultural District No. 1 that has a locally adopted and State certified Agricultural and Farmland Protection Plan. The Plan, adopted in 2010, identifies one of its actions to create an Agriculture Production Zone, stating, “The Town should establish a zoning district that establishes agriculture as a priority use and limits the extent of non-agriculture development.”

Agricultural District No. 1 has met its intended goal, the report summarizes, and in conjunction with the other three Agricultural Districts in Genesee County, it has formed the foundation for the County’s future actions toward agricultural protection and enhancement.

Top file photo of Felipe Oltramari, by Joanne Beck, and image above provided by Felipe Oltramari as part of the Planning Department report.

The Town of Darien Republican Committee invites graduating seniors that live in the Town of Darien to apply for a scholarship of $1,000.

"This is a unique opportunity because they can be enrolled in college, trade school or the armed forces," a committee member said. 

There will be two scholarships available, and seniors are asked to complete the scholarship form provided HERE. 

Press Release:

The Holland Land Office Museum is proud to announce the next edition of our Guest Speaker Series on Wednesday, May 10th at 6:30 p.m. We welcome back Derrick Pratt of the Erie Canal Museum in Syracuse. His presentation, "Buffalo v. Black Rock: The Western Terminus" details the debate that ranged over which community would be home to the western end of the Erie Canal, Buffalo or its close neighbor Black Rock. Admission is $5 or $3 for museum members. Please contact the museum at 585-343-4727or hollandlandoffice@gmail.com if you plan to attend. "This project is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council of the Arts with the support of the office of the Governor and New York State Legislature and administered by GO ART!"

The Holland Land Office Museum is proud to announce the next edition of our Trivia Night @ the Museum on Thursday, May 11 at 7 p.m. This month's topic is Sherlock Holmes and his creator author Sir Arthur Conan Doyle. This trivia night will be held at at GO ART! located at 201 E. Main St. in Batavia. Tavern 2.0 will also be open if you would like buy a drink. Admission is $5 or $3 for museum members. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend. The Holland Land Office Museum is proud to announce the next edition of our Concert Series on Thursday, May 19th at 7 p.m. We welcome Don Dwyer, musician, singer and songwriter from Buffalo, who specializes in music and stories of the Civil War. Admission is $5 or $4 for museum members. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend. "This project is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council of the Arts with the support of the office of the Governor and New York State Legislature and administered by GO ART!"

The Holland Land Office Museum is proud to announce the next edition of our Java with Joe E. series. This month's program will be in the afternoon on Thursday, May 25th at 2 p.m. This month's presenter is former Batavia resident and now local author David Reilly. David will be sharing stories from his childhood growing up in Batavia in the 1950s and 1960s, which are is his new book "Small Town Talk: Growing Up in Batavia, New York in the 1950s & 1960s." Copies of the book will be available. Admission is free, and don't worry coffee and donuts will still be provided. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend.

Submitted information and photos.

The Genesee SnoPackers Snowmobile Club was named Snowmobile Club of the Year at the annual meeting of the New York State Snowmobile Association last weekend in Lake Placid.

The Oakfield-based club, which provides support, educational classes, and camaraderie to local snowmobilers while also grooming trails in the county, was recognized both for its Bikini Rally as well as the club's efforts to help rescue stranded motorists during Winter Storm Elliott.

The state association represents 258 clubs.

Bucks Motor Sports of Akron was recognized as the dealership of the year. 

 

Press Release:

The Genesee Valley Council on the Arts invites you to our Annual Round and Square Dance on Saturday, May 6th from 7-10 p.m. The dance will be held at York Central School elementary gym, 2578 Genesee St., Retsof. Music and calling will be provided by Kelly’s Old Timers and members of the Geneseo String Band led by SUNY Geneseo Professor Jim Kimball. Admission is $5 Adults, $3 Spectators, 18 & under free - all ages are welcome at this family-friendly event.

If you’ve never been to a square dance, you can come early at 6:30 p.m. and learn the basic steps. No special clothing or prior knowledge is required - beyond knowing one’s left from one’s right! The dance is truly a fun evening for all ages, and a great opportunity to enjoy a longtime local tradition. Refreshments will be available.

We welcome a new caller to the dance this year, local musician Elise Kelly. Elise has received a 2023 Apprenticeship grant in square dance calling from the New York State Council on the Arts, administered by the Arts Council for Wyoming County.  Folk and Traditional Arts Apprenticeships comprise an area of support from the Council, where individuals can devote dedicated time to study with master folk artists from their own community. As described in the guidelines, “Folk arts traditionally are transmitted from elders to younger generations in the same distinctive ethnic, regional, occupational, or religious community. Where the chain of transmission is no longer as strong as it once was, apprenticeships can stimulate the continuity of these traditional arts.”

The Kelly family of Perry Center has long been a part of the regional music scene, providing music for dances, concerts, parties, anniversaries, and countless other public and private events for four generations. Kelly’s Old Timers was formed in 1950 by “Woody” Kelly (accordion and calling) and brother, Roger Kelly (guitar), and has been performing continuously for nearly 75 years. The band currently includes Doug Kelly (bass and calling), Eric Kelly (keyboards and vocals), Elise Kelly (bass), Guy Macaluso (trumpet and guitar), and Tom Kwiecien (drums).

Elise will study with both Doug and Eric throughout the year, gradually adding to her repertory of dances, with the goal of learning enough calls to supply an entire evening of dancing. She is getting “real time” practice at this and other dances, and a celebratory event will take place in the fall. 

Elise is excited to continue as the fifth generation of her family in this community tradition, feeling that “it’s the perfect time to pick it up.” With degrees in Music and Education, she loves the idea of incorporating simple instruction into dances, to help teach and show the moves. As an educator for special needs preschool children, she sees many connections with nonverbal and imitative learning that is important for that population, as well as for many age groups and abilities. Elise is looking forward to building more connections with younger generations through groups like 4-H, schools, and scouting, and utilizing social media to promote dancing and dance events. 

Also a long-standing ensemble in the valley, the Geneseo String Band was formed in 1976 at SUNY Geneseo by Jim Kimball, playing traditional American fiddle, dance and vocal music.  For more than 40 years the student group (and some alumni and townspeople) has played for countless on and off-campus events, performing for receptions, clubs, dances, concerts, local churches, historical societies, camps and schools.  Much of their music comes from the Genesee Valley region, documented and recorded from old time players by Jim Kimball.  Many of Kimball’s recordings have been recently digitized and can be viewed and heard at https://knightscholar.geneseo.edu/kimball. 

This event is made possible by the New York State Council on the Arts with the support of the Office of the Governor and the NYS Legislature. 

Top photo: Dancers at York Central School, 2016. Photos by Karen Canning.

Dancers at York Central School, 2013. 

Elise and Doug Kelly, June 2022. 

Members of the Rochester-based Strength in Numbers nonprofit have scheduled a Youth Suicide Prevention Event from 3 p.m. to 7 p.m. on July 9 at Batavia Downs.
The theme: “You Are Not Alone.”

The evening will feature dinner and drinks, a silent auction, merchandise sales, and a motorcycle run. Ticket holders will receive Batavia Downs Casino Game Play Credit. Musician Joel Russlett is scheduled to perform.

If you want to participate, then you must act fast. 

Organizer Dan Clor said the event can only accommodate 200 guests. Tickets are $100 per person. People who wish to attend must email Clor at DanClor@strengthinnumbersorg.org

According to the Maryland-based Walden University, suicide is the third leading cause of death for people between the ages of 10 to 24 and takes 4,600 lives annually. 
Clor cited school bullying and sexual abuse as only some of the reasons why young people feel distraught and take their own lives.

“Generations in the past, if there was bullying at school, young people could go in their rooms or play in their backyards or be around their neighborhoods. But social media basically puts all of that on blast at a worldwide level. Young people are so connected all the time. Social media has added to the challenges,” Clor said. “Kids are disconnecting more. They are putting headsets on and playing in their rooms. There is that communication from human to human without devices [that they are not getting].”

Members of the riding group Bikers Against Child Abuse (B.A.C.A) and the American Foundation for Suicide Prevention (ASFP) are scheduled to speak. 

Clor said the July 9 event will highlight Strength in Numbers’ Youth Mentorship Program. 

“The mentorships we have are creative avenues for these kids to have a healthy outlet through their struggles,” Clor said, adding the program includes fitness and martial arts training.

“On the flip side of that, we also have music and art outlets, yoga, that kind of thing.” 

The July 9 event will also honor the lives of Madeline Bartz and Makenna Dadey, who are no longer with us, said organizer Sara Betz.  

“Madeline was the type of girl who, if she saw you upset, she would do everything she could to make you happy. She was a cheerleader, outgoing, a dancer and loved to play music,” Betz said. 

“Makenna was into music, drawing, volleyball, and she also sang.”

Clor said he and his colleagues have held Youth Suicide Prevention Awareness gatherings in Los Angeles, Las Vegas, San Antonio, Austin, Nashville, Washington, D.C., Boston, and Philadelphia. They will organize similar events elsewhere throughout the country and even internationally. 

“We are looking to build new relationships and move this initiative forward at a much larger scale,” Clor said.

For more information, visit https://strengthinnumbersorg.org

Submitted photo.

Ask the people -- police officers -- who deal every day with crime victims, and those accused of committing the crimes, and New York's landmark 2019 bail reform law just isn't working.

It isn't working for victims, because they either get re-victimized, or there are new people victimized because accused criminals are free sooner to commit new crimes, or victims simply decline to press charges because they know the accused person will just be issued an appearance ticket.

And it has also failed the people it was supposedly designed to help: criminal defendants.

Those accused of a crime are now more frequently set free to commit new crimes and dig themselves into a deeper hole, or they don't appear before a judge or go to jail where they are afforded the opportunity they need to enter substance abuse programs.

"The joke is (among officers), it's like fishing. It's 'catch and release,'" said Batavia PD Det. James Defreze.

Chief Shawn Heubusch added, "It is catch and release, and they understand, the officers understand, what the laws are, and we're here to enforce the laws. But the laws are not helping our citizens. At least this particular law is not helping our citizens. It's not helping the community at large."

The Batavian spoke with Heubusch, Defreze, and Sgt. Christopher "CJ" Lindsay this week about the impact of bail reform on the department and the community after a series of press releases from Batavia PD about individuals who have been arrested multiple times on warrants for failure to appear for various minor offenses.

In press releases about arrests, Batavia PD has recently been highlighting criminal defendants who get are repeatedly arrested on failure-to-appear warrants three, four, or five times.  Unfortunately, there isn't clear data that judges are issuing, in the aggregate, more warrants, because, by policy, the department no longer seeks warrants on unpaid parking tickets, and with the legalization of cannabis possession, there are fewer marijuana-related arrests. That means there is no way to make a meaningful comparison from one year to the next of the total number of warrants.

The Why of Bail Reform
The path to bail reform in New York perhaps began in 2015 with the death of Kalief Browder. Browder had been held in Rikers Island on cash bail of $3,000 after being accused of stealing a backpack.  Browder said he was subjected to mental and physical abuse. His charges were dropped after three years of pre-trial condiment for lack of evidence. Upon his release, he committed suicide.

Advocates for bail reform said confining poor people, who can rarely make bail, on charges without conviction was a violation, at least in spirit, of due process. Advocates pointed to statistics that poor blacks, especially in the state's cities, were more likely to be held on bail, than white defendants. 

In 2018, in his State of the State speech, Gov. Andrew Cuomo picked up the cause of bail reform.  

"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind, and her scales are still not balanced," Cuomo said. "Our bail system is biased against the poor. Too many jails are cruel and inhumane, and our court system is too slow."

Bail reform was approved by the State Legislature in 2019 and was meant to reduce incarceration by limiting the need for defendants to come up with money to pay for their liberty. The new law mandated pretrial release for the majority of nonviolent charges and required that judges consider a person’s ability to come up with the cash to pay bail or security to post bond.

On low-level, non-violent charges, officers must issue appearance tickets rather than hold the suspect for arraignment (where, in most cases, they would have been released under the old system). When suspects are arraigned, judges must release defendants without requiring bail and with no conditions on their release ("on their own recognizance").  In certain conditions, they can put conditions on their release ("released under supervision").   If bail can be set, the bail amount must be the lowest amount possible that is affordable for the defendant.  That's why you sometimes see bail set at $1.

There are multiple exceptions and conditions that police officers and judges must follow.  That is one of the complaints lodged by Heubusch.  The bail system is arcane and confusing.  

As an example, Heubusch cited a recent case where a suspect was arrested for burglarizing a restaurant.  The suspect was released following his arrest.  The next day, he burglarized another restaurant.  The judge misunderstood the standards of the bail reform law in this particular circumstance and released the suspect again.  He was arrested 20 minutes later after burglarizing another restaurant.

"So we now have one individual that has three burglary charges -- felony burglary charges," Heubusch said. "Again, he could have been held on that second arraignment, but there was a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

To help us understand how complex the new bail rules are, Heubusch pointed us to this web page on bail reform for the state's public defenders. It contains this matrix of qualifying (for bail) and non-qualifying (no bail) options. It also contains this flow chart that helps guide anybody in the justice system on when to require bail or when to release a defendant. 

Bail reform makes law enforcement harder
Being a police officer is inherently a risky job, and police officers accept that risk, Heubusch said.  It's also a tough job where officers are expected to deal sometimes with uncooperative or even hostile criminal suspects.  But that aspect of the job has been made worse, by bail reform, Heubusch said.

He said when people understand they're going to get an appearance ticket, they're more likely to flee or or fight with an officer because resisting arrest won't elevate the seriousness of their criminal activity.

"We've seen people run from us, fight with us, and attack us more than they did before, in my opinion, because they know, it's not taken as seriously or, you know, 'haha, I can get away with it. I'm gonna get a slap on the wrist from the judge. See you next week or see you tomorrow,' that type of thing," Heubusch said. "It just seems that the attitude, to resist arrest, to fight with the cops, has increased."

Bail reform has also made it hard to get drug dealers off the street, Defreze said.  

First, the Class B felony of criminal sale of a controlled substance in the third degree is a non-qualifying offense, meaning a judge can't automatically set bail.  Defreze said he's seen dealers back on the street selling narcotics within five hours of their arrest.  

"Pre-Bail Reform, we were pretty effective and successful in removing drug dealers from our community," Defreze said. "We would find people, we would arrest them for possession with intent to sell or for criminal sale, both (Class) B felonies. When we got the indictment warrants, those people would go to jail. Now the majority of these people are getting charged with two to four Class B felonies, and they go see a judge, and they're released. Then people were calling, saying these people are selling drugs in my neighborhood."

That arrest was made after months of work that involved finding and working with a confidential informant, gathering evidence, reviewing the evidence with the district attorney, and presenting the evidence to a judge to get a warrant either for a search or an arrest.

When a recently released dealer just hits the street again, he can't just be arrested on the spot. The whole process must start again.

But now it's harder to find confidential informants.

"Bail Reform, in and of itself, made getting a CI inherently harder," Defreze said. "People used to be, there was some kind of fear that they were going to go to jail for minor offenses. You'd catch someone for stealing from Tops, and they wouldn't want to go to jail for that. They would cooperate to have that charge go away. I mean, CIs for minor offenses are a thing of the past."

Victims
Bail reform hasn't been good for crime victims, the officers said.

"What's been missed during this whole thing, just from my perspective, is we've completely forgotten about the victims," Heubusch said. "We've created a system that cares about the defendants, and we care about the defendants as well, we certainly want don't want to hold somebody for years upon years upon years on petty crimes because that doesn't make any sense. But the victims are now being re-victimized over and over again by the same offenders. So I think that's, that's the biggest frustration that you see from law enforcement because we are out there trying to make sure that our communities are safe."

In March, deputies arrested two men in Elba on property crimes. Under terms of Bail Reform, the deputies had no choice but to release the suspects on appearance tickets. The two men were processed at the Genesee County Jail and released. Upon their release, they allegedly stole a car, leading to a police pursuit across multiple jurisdictions.

Bail reform has made orders of protection less effective, the officers said.

Domestic abuse always involves a human victim, so that means the arresting officer can haul the suspect in front of a judge for an arraignment. That gives a judge a chance to issue an order of protection, but unless the crime is a qualifying violent felony, the judge has -- at least until now -- limited power to set bail.

"I can think of a domestic situation where somebody was arrested for harassment, and they were arraigned in front of the judge, got an order of protection, but they had to be released, and they went right back to the house and violated the order protection," Heubusch said.

Bail reform has also led crime victims to ask officers not to arrest offenders, Lindsay said.

"Obviously, we understand the defendants have rights but like (Heubusch) said, we kind of forget about the victims," Lindsay said. "I've had numerous times where we have a case where the victim wants to have someone arrested, so they'll ask us, 'are they going to be held in jail,' and we tell them, 'no, we can't hold them, so they say 'well, I don't want him arrested then because I don't want to deal with whatever fallout.'"

Lindsay said victims are also frustrated.

"We're probably dealing with more angry victims," Lindsay said.

The law is confusing
Heubusch came to the interview with The Batavian carrying a sheaf of paper. He had printed out the matrix, flow charts, and rules officers, attorneys, and judges must know in order to ensure nobody is jailed in violation of the law.

It's a lot to know and a lot to keep up with, and even sometimes judges get it wrong, he said.

"We had a situation where an individual burglarized a restaurant," Heubusch said. "He was arraigned, released and burglarized another business that weekend. He was arraigned, and the judge misunderstood that it was a new charge and released him. He burglarized another restaurant after he left. So we now have one individual that has three burglary charges -- felony burglary charges. And, again, could have been held on that second arraignment, but there's a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

Defendants harmed by Bail Reform
When defendants are released on appearance tickets, no judge gets an opportunity to recommend a substance abuse or mental health program. When a criminal defendant is free to re-offend, they sometimes do.

"If you look at it, from the defendants' standpoint, this person now has the opportunity to rack up multiple criminal charges to make that sentence, maybe harsher on them," Heubusch said.

He said his officers have seen defense attorneys ask judges to set bail in cases for the sake of their defendants.

"The only way they know their guy is gonna get help is by sitting in jail because the jail will provide that assistance to them, whether they want it or not," Heubusch said. "It'll at least be in front of them. If they get to walk away from that arraignment without being held, the chances of them going out and reoffending are very good. The chances of them going on or overdosing and dying are even higher."

We asked Heubusch in a follow-up email if he had any data on the number of times defendants have been released from custody only to OD, and Heubusch said, "I am not able to put together stats as quickly as I would like to, but we do have cases where individuals that we know to have substance abuse issues have committed crimes and while out pre-trial they have overdosed and died. If judges had the ability to incarcerate these individuals for, what the lawmakers are calling petty crimes, they would be offered assistance and/or mandated assistance pre-trial. This could keep some alive."

Ideas to reform the reform
The police chiefs in New York, Heubusch said, have their own ideas about how to fix bail reform.

First, end cash bail.  That is, in fact, right in line with what downstate reformers want.  Defendants should either be held pre-trail, with no bail, or released.  That would end the perceived unfairness of people with a bit of money being able to get released while poor defendants must stay locked up, unable to get to jobs or care for families.

"The amount of money sitting in your bank account should not determine if you're a free person or not," Heubusch said.

And allow judges to determine whether a person is a danger to himself, another person, or the community.

"We're the only state in the United States that doesn't have a dangerous statute in our law," Heubusch said. "Bail is set specifically upon reappearance for court. We're the only one that doesn't include dangerousness. I don't know why New York wants to lead the way in that, quite honestly, because the communities are suffering because of it. So eliminate cash bail altogether. There's no reason to have a $1 value on it. You're either held to your release, or you're released upon certain restrictions and then that can be reviewed at your next appearance."

Some reformers consider "dangerousness" too subjective of a standard. Heubusch countered that trying to determine if somebody is a flight risk is a judgment call.

Reformers are concerned that allowing judges discretion raises the specter of bias, and studies show the criminal justice system has a history of being biased against people of color.  Heubusch said race should absolutely not be a factor in who is held and who is released but blanket policies by lawmakers who don't live in the communities dealing with crime are not the solution to racism.

"If judges are using race to incarcerate people, then they should be held accountable," Heubusch said. "We should not be changing the system so that more people can be victimized. We are allowing people who commit crimes to remain free due to decisions by lawmakers who are not dealing with these individuals in our communities."

The officers know the current bail scheme is not helping local communities, they said, because they see it every day.

"You really have to explain to the folks that are there complaining about what's going on in their neighborhood, that we can only go so far," Heubusch said. "The reason this person is not locked up is not because of me. It's not because of the judge. It's because of the state laws that say they can't be locked up. It's because of the state laws that say they can't be evicted from that apartment. It's because of the state law. You know, it's very difficult to explain that to somebody who really just wants to see their neighborhood get better."

Photo by Howard Owens. Chief Shawn Heubusch, Det. James Defreze, and Sgt. Christopher Lindsay

After a brief discussion Monday evening, City Council agreed to forward a residency waiver to its next business meeting for a vote.

The residency requirement for Fire Chief Josh Graham was to be in effect within six months of his hiring, which is up this month. Apparently, Graham requested an extension of that waiver, and most of council seemed to be in agreement to grant it.

Councilman Bob Bialkowski was the only one to question whether the chief used a city vehicle to drive to his home in Wyoming County, and Council President Eugene Jankowski Jr. said yes, as is the case for department heads.

The group agreed to forward the item onto the business meeting agenda in May.

When asked by The Batavian why the city was granting a waiver extension, Jankowski said that it was temporary.

“Until the situation changes. I can’t discuss the reasoning as to why,” he said. “I have no concerns, and if you come to work on time and you’re on-call and you’re here in a reasonable amount of time, I don’t have a problem with that.”

Council had at one time discussed widening the circle of territory for where city department heads could live and maintain residency requirements, Jankowski said. Other city officials have been granted such extensions of living outside of the city, including former and current police chiefs and assistant city managers, including the most recent one, Erik Fix, who lives in Le Roy.

Jankowski said he felt that as long as people made it to work on time and didn’t mind a longer commute and dealing with bad weather, it was ok with him.

But others disagreed, so they now take such situations on a case-by-case basis, he said.

By no means will there be a carte blanche residency waiver system, he said. This is just one of those individual cases, and council wants to work with a valuable employee, he said.

“He’s doing a great job,” Jankowski said of the fire chief.

File photo of Eugene Jankowski Jr. by Joanne Beck.

South Byron Volunteer Fire Company President Reggie Macdonald presents Melody Stone with his choice as Member of the Year during the annual fire company banquet.

The South Byron Volunteer Fire Company celebrated a year of achievements during its annual banquet Saturday night at South Byron Fire Hall.

Tim Yaeger, Genesee County fire coordinator, served as master of ceremonies and introduced guests during an evening filled with memories, recognitions and honors bestowed on members past and present.

Theresa Hammer gave the firematic membership report, in which she announced they have 48 members, 23 of which are active, and four new members. John Leaton is a life member.

South Byron lost one member, Jeremy Bateman, who died this year. His achievements included being Member of the Year in 1998 and was a past president.  Bob Fite read the Firemen’s Prayer in honor of Bateman. Fite added this year marks the 50th anniversary of South Byron’s fire hall.

In the membership report, Michelle Dougherty announced Melody Stone as a 20-year member.

In the absence of chief Brian Hickey, deputy chief Jacob Yasses presented the annual firematic report. The department responded to 79 calls, a steady increase from the previous year. These included fire calls, motor vehicle accidents, mutual aid, service calls and one natural disaster.

Jacob Yasses, Jeremie Rassel, Allison Gurgel, Vito Muoio and Matthew Dougherty were recognized as top responders.

The department completed more than 2,400 hours of training during 2022. Topping the list was Nicole Boldt, followed by Vito Muoio,  Jeremie Rassel and Allison Gurgel.

Jeremie Rassel announced Allison Gurgel as Firefighter of the Year.

“She is a huge asset to the department,” Rassel said. “She strives for excellence in everything she does for us.”

In choosing a Member of the Year, president Reggie Macdonald said it’s not about being at every call.

“Sometimes it’s what you do behind the scenes, stepping up whenever you’re needed and being there for our community, as well as the fire company,” he said.

He chose Melody Stone for the honor.

“I don’t know what to say,” Stone said. “I didn’t expect this, but I really appreciate it.”

Stone said she is following in her father’s footsteps.

Gurgel and Jacob Yasses presented a special Recognition Award to his mother Michelle Yasses.

“She has supported Allie and me at our training on Monday nights or during fire calls in the middle of the night,” Yasses said. “She helps watch the kids when Jake and Allie run calls on the rescue squad. I couldn’t run the number of calls I do without her.”

The final presentations were citations for “going above and beyond,” presented by Assemblyman Steve Hawley. They were presented to Jeremie Rassel, Vito Muoio and Brian Hickey for responding for assistance in the severe December 2022 snow storm which hit the area; Nicole Boldt and Vito Muoio, who responded to a call for a woman in labor, and delivered her healthy baby; and to Allison Gurgel and Nicole Boldt for their fast thinking in saving the life of a child who was choking.

Firematic officers for 2023 are Brian Hickey, chief; Jacob Yasses, deputy chief; Jeff Starowitz, assistant chief; Allison Gurgel, captain; Jeremie Rassel, 1st lieutenant; Vito Muoio, 2nd lieutenant and engineer, Chase Cone.

Administrative officers are Reggie Macdonald, president; Jeremie Rassel, vice president; Fred Klycek, treasurer; Katie Rassel, secretary; and Theresa Hammer, membership chair.

Members of the Auxiliary board are Michelle Dougherty, president; Andy Stone, vice president; Katie Rassel, treasurer; and Melody Stone, secretary.

The evening concluded with awarding of door prizes and benediction by the Rev. Harold Coller.

Members of the South Byron Volunteer Fire Company who were recognized for hours of training are, from left, Allison Gurgel, Jacob Yasses, Jeremie Rassel, Vito Muoio and Nicole Boldt.

Three top responders in the South Byron Volunteer Fire Company are Allison Gurgel, Vito Muoio and Matthew Dougherty.

Michelle Yasses, right, excitedly accepts a Special Recognition Award from her son Jacob Yasses and his fiancée Allison Gurgel at the South Byron Volunteer Fire Company banquet.

Photos by Virginia Kropf.

Press Release:

For the past seven years her byline has been seen hundreds of times on local news stories. Now Mallory Diefenbach will be serving the GLOW community in a different capacity as the communications manager/grant writer at Arc GLOW.

A native of Eden, Diefenbach has been living in Batavia and growing a part of the community as she worked as a reporter. Prior to moving to Batavia, she worked as a reporter for The Post-Journal in Jamestown. Together, she has a decade’s worth of writing experience and community engagement.

“I’m so excited to be part of Arc GLOW, and bring attention to empowering individuals with disabilities in our community,” Diefenbach said. “I’m grateful for the opportunity, and I’m glad to serve those who might need help to make sure their voices are heard.”

“Mallory is a great addition to the Arc GLOW’s family—her knowledge of the GLOW region is so valuable to this agency. We are excited for Mallory to be part of this exciting time as we enter our second year since the merger” said Lisa Bors, director of public relations for Arc GLOW. 

Diefenbach has a bachelor of arts in journalism and mass communication from St. Bonaventure
University, and has a double major in history. 

Arc GLOW is a merger of The Arc of Livingston-Wyoming and Arc of Genesee Orleans, becoming an official four-county chapter in October 2021. The four-county service area covers roughly 2,400 square miles - geographically, the largest Arc chapter in New York state. Arc GLOW is a private, nonprofit organization founded by parents and friends of people with developmental and intellectual disabilities. Their mission is to empower and support people of all ages with a broad spectrum of emotional, intellectual and developmental disabilities.

Press Release:

April 24-30 is National Infant Immunization Week (NIIW). National Infant Immunization Week is observed yearly and highlights the importance of protecting children from birth to two years of age from serious childhood diseases.

As a parent, you want to protect your little one from harm. Vaccines, which are among the most worthwhile and successful public health tools, have significantly reduced infant deaths and disability caused by 14 preventable diseases like measles, whooping cough, chickenpox and polio.

According to the Center for Disease Control and Prevention (CDC), among children born from 1994-2018, vaccinations will prevent an estimated 936,000 early deaths, 8 million hospitalizations, and 419 million illnesses.

GO Health encourages parents to make sure their children are up-to-date on their routine vaccinations. “Children who may have missed or skipped vaccinations may be at an increased risk of diseases, which can be serious,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments (GO Health). “It is important to stay on track with well-child visits and recommended vaccination schedules. Please check with your healthcare provider to make sure your children are up to date on their routine vaccinations.”

For more information about vaccines and the diseases they prevent, visit these
resources:

• Child and Adolescent Immunization Schedule https://www.cdc.gov/vaccines/schedules/hcp/imz/child-adolescent.html
• Vaccines for Your Children https://www.cdc.gov/vaccines/parents/
• The American Academy of Pediatrics’ Parenting Website https://www.healthychildren.org

For more information on GO Health’s Immunization Clinics, visit GOHealthNY.org You can also contact your respective health department:

• Genesee County: (585) 344-2580 x5555 or Health@co.genesee.ny.us
• Orleans County:  (585) 589-3278 or OCPublicHealth@orleanscountyny.gov

Press Release:

The Greater Niagara Frontier Council, Boy Scouts of America based in Buffalo and the Iroquois Trail Council, Boy Scouts of America based in Oakfield announced today that they will be merging as of May 1 to form the new Western New York Scout Council Inc., Boy Scouts of America. 

“This is an exciting time for Scouting in WNY as we bring together the best of what both councils have to offer to better serve young people, families, and the community. Our councils have been working together for generations and this solidifies that partnership. Combining ensures that we continue to provide world-class program experiences for our Scouts long into the future,” said Gary Decker, Scout Executive & CEO of the Greater Niagara Frontier Council.

“The combined strengths of our staff, volunteer leaders, and camp properties ensures that we’re uniquely prepared to deliver life-changing educational and character-building programs to young people and families across the entirety of Western New York,” added Jim McMullen, Scout executive and CEO of the Iroquois Trail Council.

The newly combined council will serve youth from all of Erie, Niagara, Genesee, Orleans, and Wyoming Counties, and most of Livingston County in Western New York and offer many benefits, including:  

• Improved program opportunities
• Better support for volunteer leaders
• A larger membership base to support a wider variety of events and activities
• Greater financial sustainability
• Two fully operational camp properties

The WNY Scout Council will continue to operate two Scout service centers in Cheektowaga and Oakfield. The council will also operate two scout camps: Camp Scouthaven, in Freedom, and Camp Sam Wood in Portageville. Gary A. Decker, current Scout executive and CEO of the Greater Niagara Frontier Council, will serve as the Scout Executive & CEO of the newly formed Council and James C. McMullen, current Scout Executive & CEO of the Iroquois Trail Council will serve as the deputy Scout executive and COO.

About Greater Niagara Frontier Council, BSA - The Greater Niagara Frontier Council, Boy Scouts of America serves more than 5,000 Scouts and Adult Volunteers in Erie County and the western third of Niagara County. The Council provides educational programs for boys and girls aged 5 to 20 to build character, to train in the responsibilities of participating citizenship, and to develop personal fitness. The Scouting program in WNY has served more than half a million members since its incorporation in 1910. More information about the council is available at www.wnyscouting.org.

About Iroquois Trail Council, BSA - The Iroquois Trail Council, Boy Scouts of America serves more than 1,500 Scouts and Adult Volunteers in Eastern Niagara, Genesee, Orleans, Wyoming, and Livingston counties in Western New York. With offices in Oakfield, the council operates three districts across the five-county service area. More information about the council is available at www.itcbsa.org

Photo: File photo by Howard Owens. From 2022, Luke Geiger, Nicholas Grover, Aidan Clark, take the Eagle Scout oath, administered by Eagle Scout Thomas Ognibene.

Police officers are often in a position to first pick up on the signs of domestic abuse, and they sometimes deal with people in the most difficult times of their lives. 

So after a talk at Genesee Community College by author Janine Latus, who suffered a string of domestic abuse traumas in her life, The Batavian spoke to local law enforcement officers about the role of cops in breaking the cycle of abuse.

It takes empathy, awareness, and the knowledge of resources available in the community for police officers to play a role in stopping domestic violence, said Shawn Heubusch, chief of the Batavia Police Department, and Brian Frieday, chief deputy for road patrol at the Genesee County Sheriff's Office.

Heubusch said officers need to bring empathy to every call they answer.

"You have to remember that it could be somebody's worst day," Heubusch said. "Whether it's the second time you've seen them or the very first time that you've seen them, just be understanding of what people are going through. Not everybody deals with things the same way that we do."

Frieday said that one pitfall of the job in dealing with so much trauma is that an officer can become dissociated from the feelings of a crime victim, whether it's a domestic situation or a petit larceny or an accident. 

"It's called an accident, but it's really a crash, and that might be the biggest thing in the world to that person on that particular day," Frieday said. "And it might last longer, so we try relaying to younger officers that (this incident)  could have lasting effects. It might be the only thing in their life that happened or it might be a lot deeper than what we perceive."

Heubusch and Frieday were at GCC for a Crime Victims' Rights Week seminar, where Latus was the keynote speaker.  Latus wrote If I'm Missing or Dead: A Sister's Story of Love, Murder and Liberation, which is as much about her murder of the author's sister by a boyfriend as it is about her own life.  Latus was the victim of multiple abusive men. 

Focus on victims
The first takeaway Heubusch and Frieday had after the talk was always to keep the victim in mind, which brought to mind immediately the struggles police officers are facing because of bail reform.

"The victims are underrepresented at this point," Heubusch said.

Frieday agreed.

"The focus should be on the victims," Frieday said. "They're the ones who are suffering the consequences, suffering the losses, based on whatever crime or action the defendant or suspect did to them, whether it's financial or physical. The focus has gotten turned around to the wrong side."

Under the current bail laws, if there is a human victim of a crime, an officer can bring the suspect in front of a judge for arraignment, and a judge can issue an order of protection, but except for a very few circumstances, the judge cannot order the defendant held in jail.

"We've had instances where we've seen that person leave court, walk to the house, violate the order of protection, sometimes, through an assault," Heubusch said.

Signs of abuse
Latus talked about noticing the subtle signs of abuse.  She used the example of a talk she gave where a young man asked a question, and she answered it. After the talk, the young man came up to her and told her why he was wearing long sleeves.  When his girlfriend fought with him, she would drag her fingernails down his arms and cut him.  Sometimes he wore hoodies to hide the wounds.  It's little things like that, Latus said, people should watch for in friends and family members that might alert them to possible abuse.

Police officers aren't social workers, but they often come into family situations that could alert them, if not explicitly, perhaps implicitly, to abuse.  That's why it's important for police officers to know about the resources available in the community to assist both victims and perpetrators, Heubusch and Frieday said.

In attendance on Monday were staff members from Genesee Justice, the Child Advocacy Center, as well as professionals who work with sexual assault victims, domestic violence victims, and substance abuse counselors.

"There are avenues that are available in the community that we have access to at least get them to, or at least try to, like one of the early presenters said, the worst they can do is just say no, but we're trying to lead them down paths that could get them to help," Frieday said.

In the schools
Heubusch said one of the early warning systems now available are School Resource Officers. They are in a position to spot problems before crimes are reported.

"Sometimes they're seeing things, or the school is seeing things that we're not necessarily seeing or hasn't risen to the level of an enforcement action or police officers being called to a home, but they're seeing the kids come into the schools day after day with a multitude of issues," Heubusch said. "Again, (they can use those resources) as a clearinghouse to get them to the resources that Chief Deputy Frieday mentioned. There are just so many available to them, and we just have to get them there."

Frieday also said SROs now play an important role in identifying potential domestic abuse.

"They see the kids on a day-to-day basis," Frieday said. "They see trends in their behavior, or, you know, differences in absences, truancy, and everything like that, that they can have those talks. A lot of times, it's in conjunction with the school, but they can get out ahead of that sometimes and tell them, 'Hey, you're on a bad path. I've seen this. What can we do to help?'"

Domestic abuse is known to elevate over time, or certainly not end without intervention but officers also must be careful about how they approach a topic that can be sensitive for victims.

"When it comes to victim blaming, we have to be very careful when we try to tell a domestic violence victim that potentially you're going down a bad path and you are going to be hurt if you don't do X, Y or Z," Heubusch said. "We have to be careful because we're not a judge, judging that person. We don't want to feel that person to feel judged. But we want to relay to them that there are services that can help them. We absolutely have a role to play in that, especially when it comes to the suspects, identifying what they're doing, holding them accountable, or doing our best to hold them accountable, and advising them that this is not going to make your life easier."

A history of abuse
For Latus, her bad path started when she was young, working as a babysitter, when she was abused by a part-time teacher.  Then while working in a hospital, she got involved with a medical student, a wealthy young man.

She learned one Thanksgiving that his father was abusive and told herself, she needed to be there for him, then, on a ski vacation, she said the wrong thing, and her boyfriend punched her in the face, in the ribs, and kicked her while she was on the ground. Then blamed her for making him do it.

Her sister was her moral support, but Latus didn't want to cost her boyfriend his medical career, so at her sister's suggestion, she contacted another doctor she knew. He came to her house and nursed her broken nose and broken ribs.  He was caring and attentive.  They fell in love. He was married and eventually left his wife for her.

Her husband was controlling and jealous, and threatening.  She told stories of the creepy things he did and how she blamed herself.  Eventually, her sister helped her leave him.

Her sister found a man. A cowboy.  She worked. He didn't.  It turns out he had a criminal record.  The sister bought him everything he needed to become a painting contractor.  She always portrayed her relationship with her man as happy and loving. 

Then she disappeared.

Eventually, authorities found a note taped under her desk, written 10 weeks before she disappeared, that began, "If I'm ever missing or dead," and pointed law enforcement to her abuser, her boyfriend.  Her body was found at a construction site wrapped in a painter's tarp, and her boyfriend served 20 years in prison for her murder.

Latus said she wrote the book to encourage people who are abused or know about abuse to speak up.

Avoiding abuse
"If I didn't pretend everything was perfect, my sister would not have had to pretend everything was perfect," Latus said. "I wrote this book to save other angels."

She shared some things abusers do:

• They use coercion to obtain sex.
• They use financial resources to exercise control.
• They use social media to isolate victims (such as sending messages to friends using their partner's account to say things like, "I hate you.").
• They use mobile devices to track partners.
• They use technology to make the other person feel stupid and unworthy.

"None of those things raise a bruise," she said.

During the Q&A at the end, she was asked if the man who first abused her was ever arrested. She said authorities learned he had multiple victims around the time she was abused, but because he never penetrated, by the time the crimes were uncovered, the statute of limitations had run out.  She asked a former classmate as a result of that investigation, if there were any other "creepers" in town.  The former classmate said, "Yes, your father."

Research has shown that people tend to pick partners who are like former partners.  Asked how people can break the cycle of abusive partners that Latus seemed to grow through, she said if you leave an abusive relationship, don't get involved in a new relationship right away.

"I absolutely recommend what I call a dating sabbatical," Latus said. "Take time off. Don't go to the next person to save you from this. Stay by yourself. Go to dinner by yourself. Make friends, go to movies, discover that you're great all by yourself, that you're comfortable and happy. Embrace the view that you are the best company you've ever had. And then the person you're going to be attracted to and appreciate and attract to you is probably going to be healthy, happy and whole, too. If you're insecure, you are going to attract an insecure person who is going to exploit you. If you are solid in yourself, then the person you're going to choose is far more likely to be healthy."

Photos by Howard Owens.

Derek Geib, entrepreneur, property owner and president of the Business Improvement District, has been a tight-lipped businessman.

He didn’t have much to say when voted in as president of the BID while operating successful enterprises with Bourbon & Burger, The Coffee Press and Roman’s, all in downtown Batavia.

Now it appears as though Geib has more ventures on his to-do list, with a proposal to buy parcels 11A and 11B in the City Centre from the city of Batavia.

When reached Monday, Geib would not go on record with any comments about the purchase or his plans for the mall property. He wouldn’t even give a hint about what type of business might be going into the space formerly occupied by Valle Jewelers several years ago.

City management had previously requested permission from City Council for a reassessment of vacant properties, and 11A and B were evaluated to be worth $60,000 as fair market value by Lynne, Murphy & Associates, Inc.

Geib, operating under Geib Estates Corp., agreed to pay the price tag, plus additional expenses. Assistant City Manager Erik Fix recommended that the city “continue to foster development and activity in the Batavia City Centre, a unique downtown asset, and authorize this sale.”

“The property will go onto the tax rolls, and all the appraisal fees and closing costs will be paid by Geib Estates Corp.,” Fix said during City Council’s conference session Monday evening.

The purchase would align with the city’s Downtown Revitalization Initiative, Brownfield Opportunity Area and Strategic plans, Fix said in his memo to City Manager Rachael Tabelski.

Councilman Bob Bialkowski asked about the property’s assessed value and when the sale would actually take place. City Attorney George Van Nest said that a survey and title search will have to be completed first, which “can take a little bit of time.”

“But once that is done, we’ll make arrangements to have a closing and transfer the title,” he said.

Tabelski estimated that it would probably be in the summer, possibly in July. No one had an answer about the assessed value. According to online assessment records, the 2022 full market value is $124,000. For years, it has been sitting unoccupied. 

“Yes, put it back to work, I’m in favor of this,” Bialkowski said.

A resolution will be on the next business meeting agenda for council’s vote.

Photo of former Valle Jewelers property in Batavia City Centre from online assessment website. 

Voices of crime victims need to be heard, though they’re often relegated to darkened silence, Theresa Roth says.

“I think that the theme is here, centering on elevating voices, is very, very important because crime often happens in private, behind closed doors,” said Roth, program coordinator for the Justice for Children Advocacy Center, during a recent Genesee County meeting.

The meeting of legislators was to recognize various efforts throughout the county and across the country in April, and this week shines a light on crime victims’ rights.

Legislator Gary Maha read a related  proclamation that states:

WHEREAS, the term victim is more than just a label and has legal standing and protections that go along with it; and

WHEREAS, crime victims’ rights acts passed here in New York and at the federal level guarantee victims the right to meaningfully participate in the criminal justice process; and

WHEREAS, victim service providers, advocates, law enforcement officers, attorneys, and other allied professionals can help survivors find their justice by enforcing these rights; and

WHEREAS, victim service providers and allied professionals can reach more victims through innovative, trauma-informed programs, such as telehealth services and multidisciplinary teams; and

WHEREAS, victim service providers and allied professionals can increase access to victim services and compensation in areas that have been historically underserved, marginalized, and adversely affected by inequality by implementing culturally responsive services; and

WHEREAS, equity and inclusion are fundamental prerequisites to survivor care, and survivor-led services that provide victims with opportunities to share their experiences are essential blueprints for support; and

WHEREAS, National Crime Victims’ Rights Week provides an opportunity to recommit to ensuring that accessible, appropriate, and trauma-informed services are offered to all victims of crime; and

WHEREAS, Genesee County is hereby dedicated to helping crime survivors find their justice by enforcing victims’ rights, expanding access to services, and ensuring equity and inclusion for all. Now, therefore, be it

RESOLVED, that the Genesee County Legislature proclaims the week of April 23-29, 2023 Crime Victims’ Rights Week in Genesee County.

Diana Prinzi of Genesee Justice said that the most important thing her agency can do first is to “let their voices be heard.” And then to take the crucial steps to help victims begin to heal.

“We work with all of our community members trying to make them whole again. And let them know that we care and provide the services they need to repair the harm that was done to them,” she said. “And we appreciate all the community members that assist with that, our other agencies we partner with, multidisciplinary teams we work with. We couldn’t do it alone.”

County Legislator Gary Maha and Diana Prinzi flank Theresa Roth as she talks about the importance of elevating victims' voices during a recent meeting that recognized Crime Victims Rights Week and other efforts that are part of April. Photo by Joanne Beck.

For at least the time being, CVS Pharmacy in Batavia seems to have caught up with a backlog of prescriptions, satisfying at least one of the customers that an apparent staffing shortage had vexed.

Two days ago, The Batavian published an article about multiple dissatisfied CVS customers due to unfilled prescriptions and a phone system gone awry, and during the weekend, the story reaped more than 120 comments discussing the issue and 15 emails from additional customers.

The Batavian reached out on Friday to corporate spokesperson Amy Thibault, Lead Director of External Communications for CVS Pharmacy, and she said that employees would be pulled from others stores to help shore up the gaps at the West Main Street store.

Thibault responded to The Batavian’s follow-up for an update on Sunday evening.

“Extra team members were brought in over the weekend, and they were able to get caught up on delayed prescriptions and returning voicemails,” Thibault said.

The original article began with Roberta White’s story, and how she struggled to obtain her steroid inhaler for bronchitis, compounded by severe asthma. One of her main questions was, 'What's going on?' She was happy to report this past Sunday that she picked up all of her backed-up scripts.

“They were super thorough, and they filled everything I have been waiting on. They were very nice to me and even had the pharmacist come over to explain meds, which they have never done before,” White said. “There was a new pharmacist, not anyone I had seen before. Never had such great service there.

“Whoever they brought in is doing good, but why was this not an option back when people were hurting for meds desperately?” she said. “It seems to me they failed at recognizing and handling urgent needs.”

CVS is certainly not the only company in a bind to hire more help, as many businesses are on the hunt for employees — from manufacturing line workers and corrections officers to restaurants and some post offices.

One reader emailed a comment that this issue is much more far-reaching than just this one store, and is about a stock and staffing shortage, lack of corporate responsibility, and cutting hours across the board with “all drug stores.”

Yet, there were others that praised particular pharmacies that no one seemed to have an issue with, and insurance programs were often cited as the root of stalled prescriptions. Most people did not fault the store staff, which seemed to be doing the best it could. Some people suggested calling in prescriptions early, and yet scripts often cannot be filled until the date for refill is up; others, such as Michael Tooley, chose the self-advocacy route.

“I also have experienced the same issues, which, as you stated, is not the fault of the local staff at all, but management in failing to maintain and/or replenish diminished/inadequate staffing issues,” he said to The Batavian. “I do commend the local Pharmacists (Joel in particular) for going out of their (his) way to finally communicate with me directly and make an effort at amends through an unexpected gift card.  Of course, this only happened because I was the ‘squeaky wheel’ that happened to get the grease because I emailed their Executive Office [ExecutiveOffice@CVSHealth.com] directly, mostly out of frustration after all other avenues to address the issues had failed to get ANY response.”

After all, it’s not that customers aren’t understanding, as Shannon Ferguson said.

“I’m sure they are all frustrated, but so are the rest of us. We’re all dealing with extra work, shortages, and higher costs for everything,” she said.

While most of the comments were complaints about poor service, lagging prescriptions and inability to reach anyone at the West Main Street CVS by phone, others defended it by stating that it’s not the only pharmacy with such issues; the problems are about upper management and not about store staff; where are additional employees supposed to come from in a small city; and/or that no issues have been experienced.