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New county jail creates more expense, 2 percent levy increase while assessments create lower tax rate

By Joanne Beck

A budget that includes a 2 percent tax levy increase to cover jail-related costs has a silver lining for Genesee County residents, County Manager Matt Landers says.

The itemized financial plan for 2023 totals $162,567,180, and although the levy is going up, the tax rate is expected to decrease due to higher property assessments, Landers said after Wednesday’s Ways & Means meeting.

The new jail debt service and additional personnel for that facility “were the drivers” of the spending increase of just under 1 percent from this year, he said. A 2 percent levy increase will be offset by increased property assessments, so the tax rate is projected to drop from $9.18 per $1,000 assessed value to $8.44, he said.

A pubic hearing for the budget has been set for 5:30 p.m. Nov. 2 at the Old Courthouse, 7 Main St., Batavia. Landers expects to have his written budget message ready by Thursday or Friday, he said.

“I try to be short and sweet. And I'll hit on the highlights of the overall percentage increases and things like that,” he said. “And then I'll cover it in more detail with spreadsheets at the actual budget hearing.”

This and future budgets will include a $4 million yearly debt service payment for the new, 184-bed jail facility in progress on Route 5, Landers said. That hefty tab of nearly $70 million has a payback plan for the next 30 years.

“So we're stepping into the cost increases instead of getting hit all at once. In the 2023 budget, we have increased costs for the debt service, and then also some positions, and then the 2024 budget will be heavy with even more stepped up cost increases that'll happen, operational cost increases,” he said. “And then hopefully in the back end of 2024, we can start budgeting for it. We should start getting some revenue with the anticipated boarding of inmates.”

Because of the new, larger facility that will also accommodate women inmates, the county will be hiring six new correctional officers (females, in particular), a maintenance worker assigned to the new jail, and a deputy jail superintendent, he said. Another investigator position being added to the Sheriff’s Office “is long overdue,” he said.

“There's piles of investigations, and it's our commitment to try to … the sheriff wants to protect and serve and I agree with them. This is part of our efforts to provide quality service to the people that come to expect that,” he said. “So those were the drivers (of budget increases) that serve as an in-jail position.”

File photo of Genesee County Manager Matt Landers by Joanne Beck.

Woman struck by truck in Alexander dies at hospital

By Howard B. Owens

An 89-year-old Alexander woman died this evening after being struck by the mirror of a passing pickup truck in the area of 10342 West Bethany Road, Alexander, shortly after 4 p.m. on Wednesday, the Sheriff's Office reports.

Investigators believe Ruth McVay, of Alexander, was crossing West Bethany Road at about 4:06 p.m. near the crest of a hill while a 2013 Ford F-150 driven by Patrick G. McCormack, 55, of Darien, was traveling southbound.

When McCormack came over the crest of the hill, he spotted McVay in the roadway and tried to avoid hitting her.  The driver's side mirror, however, struck her, causing serious injuries.

McCormack stopped immediately and called 9-1-1.

McVay was transported to Strong Memorial Hospital by Mercy EMS (Mercy Flight was grounded due to weather) where she died as a result of her injuries.

The accident remains under investigation by the Sheriff's Office, including the Crash Management Team.  Assisting at the scene were the Alexander Fire Department and Mercy EMS.

Photos by Alecia Kaus/Video News Service

In the mood for some Mexican fare? Señor Leon is open on Batavia's west side

By Joanne Beck

Guillermo Leon is a man of few words, but they’re backed up by integrity.

The restauranteur has opened a second Mexican-themed eating establishment in Batavia, this time on the west side of town.

“Batavia is growing, and there’s more room for different kinds of restaurants,” Leon said Wednesday at Señor Leon Mexican Restaurant. “People go to Walmart and then can come here to eat. It’s very convenient.”

He owns Rancho Viejo in the city’s downtown, and thought a second restaurant closer to the popular Big Box stores would be a good location. Señor Leon, with an investment of more than $300,000, is tucked into the plaza at 4140 Veterans Memorial Drive.

Double oak and glass doors greet visitors before entering the spacious site. Deep blue, high-backed booths and Mexican decor — gold-trimmed hats, paintings and other themed wall art — plus seating of tables and similarly deep blue, padded seating are ready for a comfortable dining experience.

Leon had the furniture shipped in from Mexico, he said, to provide that authentic touch.

“I wanted to make it look different than other restaurants,” he said.

His place has 10 employees, and he is currently hiring for full- and part-time positions, he said. It may take more than a glance at the menu to place your order, as it is an extensive offering of lunch and dinner options — including assorted burritos, enchiladas, tostadas, tamales, hard or soft tacos and quesadillas.

There are grilled and “authentic Mexicano” dishes, such as Pollo Asado, chicken breast with grilled onions and cheese sauce served with rice, beans and two tortillas; nachos supreme loaded with cheese and toppings; Chicken Popeye, a grilled chicken breast topped with creamy spinach and queso fresco with rice; and Chile Colorado, beef tips cooked with red chile sauce and served with rice, beans and tortillas.

Feeling peckish before dinner? Appetizers include fresh guacamole, chicken wings, fajitas nachos, tortilla soup, and ceviche with shrimp and/or octopus.

A native of Mexico, Leon wanted to expand upon Rancho’s menu with more seafood and “a bunch of different things,” he said. Seafood entrees feature red snapper, prawns, salmon or tilapia, and there’s a seafood soup with shrimp, fish, scallops, calamari, mussels, octopus and a king crab leg. If meat’s not your thing, there are also vegetarian and vegan options.

To top it all off with a little sweetness, there’s the fried cheesecake, churros, Mexican custard (flan), raspberry donut cheesecake, the “ultimate” chocolate cake with layered chocolate mousse and butter cake with buttercream chocolate icing, or a banana chocolate swirl cake and high peanut butter pie to choose from.

If you go soon, you may notice the bar area, which will be open once Leon receives his liquor license, which has been in progress with the state Liquor Authority, and he hopes to have soon.

Asked for his favorite, Leon didn’t name one of the Mexican dishes, and instead admitted “I’m more a steak person.” He added that the steaks are served on a rack and cooked “to taste” for each customer’s preference.

Newly opened, Señor Leon has been drawing customers, he said.

“Everyone who walks in walks out happy,” he said. “I guarantee if you don’t like it, you don’t pay.”

Hours are 11 a.m. to 9 p.m. Sunday through Thursday and 11 a.m. to 10 p.m. Friday and Saturday. For more information, call 585-250-4484.

Top Photo: Staffer Felix Ramirez shows a portion of the large dining space at the Veterans Memorial Drive restaurant; Sergio Suniga is about to serve a plate of Señor Leon house appetizers: fried chicken taquitos, sauced chicken wings and a chicken quesadilla with pico de gallo, sour cream and a special touch of the Mexican flag, above. Photos by Joanne Beck.

Recovering addict at DePaul in Batavia uses his time to try and help others

By Press Release

Press Release:

Mike VanSlyke has lived with active addiction from the time he was ten years old until less than a year ago at 39 years old.

“I’ve done big things, stupid things, painful things, awful things, some good things, all kinds of things,” he said.

Now 40, he’s been sober since moving into the Batavia Apartment Treatment Program last August. Mike said he’s been choosing to “do the next right thing.”

“I’ve been horrible at taking my own advice my whole life,” he said. “I think I’m smarter than my own advice. That’s where I’m at now. I finally decided to [take my own advice] instead of telling other people how to live.”

On April 7, 2022, Mike launched a peer-support network for those struggling with addiction, mental health, and/or coping with daily life called Forgotten Ones on Facebook, and now also on Instagram and Twitter. The Facebook page has 1,300 followers and growing!

Through Forgotten Ones, Mike is dedicating his time to being a ‘Friend, Guide, Advocate,’ as his contact card reads. He regularly posts positive, encouraging memes, shares his own story, and invites others to post their clean dates, doing his best to acknowledge milestones big and small.

“We’ll always be there when you need us,” reads the description on the Forgotten Ones Facebook page. “You matter!”

In addition, Mike has a phone number specifically for Forgotten Ones which people can call in crisis at any time of day. The hours on the Facebook page are listed as “always open.” He may have just made dinner, but if he gets a call, message or email from someone in need of support, dinner waits.

“That one second could save somebody’s life,” he said.

Mike reassures those who reach out to Forgotten Ones for support that everything remains confidential.

“I don’t ask them for anything except how old are you and what can I do to help you? For you to be happy, what does life have to look like? That’s where it starts. We go from there.

There is only one requirement to those who call.

“You need to be willing to do things to get better,” he said. “I won’t spin my wheels. If you come to me and want help, I’ll help, but if you’re not willing, I can’t do anything.”

Mike envisions building a team of volunteers in the future to better be able to serve those who seek support. He feels that people who seek out his help can relate to him because of his own personal struggles with addiction and mental health.

“There are very few things in this world I haven’t done or I haven’t been through.”

Now Mike is rebuilding with the help, encouragement and motivation of friends, family and counselors like Lisa Glow, a Program Director at Horizon Health Services.

“When I think about the growth that he’s made over the past ten years, he’s finally at a place where he wants this for him, not because somebody else is telling him to get sober or stabilize his mental health,” said Lisa. “He’s finally taken everything he’s learned, even when he hasn’t wanted to hear it, and acted on it. He’s finally really doing the work.”

Lisa helped Mike find DePaul and the Batavia Apartment Treatment Program.

“They added stability and structure that he needed in order to get through the early part of his recovery,” she said of the staff at the Batavia Apartments.

After moving in last August, he spent the first few days soaking in the feeling of being home and feeling safe in his own apartment.

“I can be alone in my apartment all the time, but there’s always someone here,” he said. “I’m the type of guy, I don’t ask for a lot of help but if I know someone is in the office, I’ll find a reason to come out and talk.”

Residential Supervisor at DePaul’s Batavia Apartments, Brionna Majors said Mike’s passion and drive to have a positive impact on the lives of others and in the world has been an inspiration to not only his peers, but staff as well.

“Everyone’s journey in life is a unique one,” she said. “Life can take all of us through so many different twists and turns and can place unexpected obstacles in front of you. The direction that you choose to take with the cards you are dealt is where you learn the most valuable life lessons.”

Within a few weeks of moving into the Batavia Apartment Treatment Program, Mike was diagnosed with lymphedema, a condition caused by a blockage of the lymphatic system which causes swelling in both of his legs. He finds it ironic that now that he has the motivation, drive and purpose to change his life around, he’s got physical limitations preventing him from moving forward.

“I might not be alright from the waist down, but from the neck up, I’m the best I’ve ever been,” he said. “That says a lot. Everything happens for a reason,” he said.

Instead of getting mad about something he cannot change, he decided to take a friend’s advice and turn a negative into a positive. That same friend is the one who sent him a computer, which allowed him to start Forgotten Ones.

“It’s all motivation, everything, the good, the bad,” he said. “I feel like the people who are in my life have deserved better from me …I’ve never given them what they deserve.”

And the next right move for Mike is to make it all count for something.

“This is going to be my life’s work,” he said.

Submitted photo.

Genesee County receives award for comprehensive planning

By Press Release

Press release:

At the 2022 Upstate Chapter Conference of the American Planning Association (APA), the Genesee County 2050 Plan was awarded the excellence in comprehensive planning award. The award was presented by the Vice- President of the Upstate APA Chapter, Sean Maguire, to representatives of the Genesee 2050 planning team present including Legislature Chair Rochelle Stein, Planning Director Felipe Oltramari, Deputy Highway Superintendent Paul Osborn, Deputy Planning Director Erin Pence, and members of the consultant team including, Mike Kane and Jenny Mogavero of Prospect Hill Consulting, and Joy Kuebler and Eve Holberg of Joy Kuebler Landscape Architect.

Genesee 2050 offers a new perspective on comprehensive planning and includes a comprehensive plan update and recreation plan. The new plan is designed to be used as an online document and focuses less on an exhaustive inventory – which is always out of date by the time a comp plan is published anyhow – and more on what the county’s data indicators mean.

Genesee 2050 was developed in the midst of the COVID-19 pandemic and so necessitated creative solutions to gather public input. An engagement process was designed that included safe in-person gatherings, online engagement, phone and in-person interviews and extensive public and stakeholder surveys.

Genesee 2050 is written for quick reference and ongoing implementation. There are no lists of recommendations. Instead, a smaller and more general set of recommendations focuses on preparing for the future based on what has been learned from the past in each of the 10 elements. There are a very select few overarching recommendations focusing on the process and this vision and three succinct goals.

The planning process continues in 2023 and is open to all residents, landowners, businesses, or anyone interested in Genesee County. Please visit: https://www.genesee2050.com/pages/get-involved to get involved. You can provide written input or be put on a notification list of any meeting or events related to the planning process. You can also join any of the 10 focus groups that will help chart the future of Genesee County. These are:

  • Agriculture & Food
  • Arts, Culture, Parks & Recreation
  • Community Wellness
  • Economic & Workforce Development
  • Education & Government Administration 6. Housing Opportunities
  • Land Use, Environment & Placemaking 8. Technology & Utilities
  • Transportation & Mobility
  • Safety, Security & Justice 

Music of The Beatles to be featured at Napoleone Foundation fundraiser

By Press Release

Press release: 

Napoleone Foundation Hosting a Beatles Tribute Fundraiser

The Michael Napoleone Memorial Foundation is hosting the BBC Band, a Beatles & Sixties Tribute Band. It is being held at the Historic Palace Theatre, 2 East Ave.,  Lockport on Saturday, Nov. 19 at 7 p.m. Tickets are $40 for regular admission and $75 premier seats in the lower balcony which includes an hour reception prior to the show. All seats are reserved and may be purchased at https://historicpalaceinc.thundertix.com/events/203461 There is a bus being organized from Batavia- if interested, call Diane at 585-409-3485.

Sponsorships are also available at www.michaelshope.org

  • $1500 Diamond Sponsor    Full Page Ad &  (6) $40 Reserved Seats
  • $ 1000 Platinum Sponsor   Half Page Ad &  (4) $40 Reserved Seats
  • $500 Gold Sponsor              Quarter Page Ad & (2) $40 Reserved Seats
  • $25 Personal Tribute Ad  ( in memory, in honor, in celebration of)

All donations are tax-deductible

About the Band
Though the band has local roots in Buffalo, the BBC Band has a true connection the Beatles.

Russ Thomas has spent a good amount of time with Peter Best, the Beatles' first drummer, pre-Ringo. They talked about the early days and how the band had evolved while and after his tenure with the group.

John Connelly and his family had the opportunity to meet and spend some time with Sir Paul McCartney one afternoon, chatting about life, family and how Paul’s music has inspired and influenced John’s musical career.

John Connelly and his family had the opportunity to meet and spend some time with Sir Paul McCartney one afternoon, chatting about life, family and how Paul’s music has inspired and influenced John’s musical career.

Meeting a Beatle has offered musical insights and an incredible inspiration to The BBC Band. Their shows are magical, the music is infectious, making you want to jump out of your seat, sing along and dance in the aisles….and in the words of  “She Loves You”…You know that can’t be bad!

In August of 2018, The BBC Band performed six concerts at International Beatles Week in Liverpool, England, including two standing-room concerts at the world-famous Cavern Club. ( www.bbcband.com)

The beautiful Palace Theatre is newly renovated with spacious seating, your favorite “movie concessions”,  beer, wine and non-alcoholic items. There will be Autographed Bills jersey raffle and a 50/50.

A night to sing, dance and celebrate friends all while Lending a Hand for Hope to Others.   We do “Get by With a Little Help from our Friends” – Beatles.

With new residency law in place, Sheriff expands search for corrections officers

By Press Release

Press release:

Sheriff William A. Sheron, Jr. is excited to announce that the Genesee County Legislature passed and adopted Local Law 4, which creates an expansion to the residency requirement of Correction Officers for the County of Genesee.

In order to provide an adequate pool of qualified applicants for the upcoming Civil Service Exam, Correction Officer, O.C. #64-904, effect immediately, applicants are permitted to reside within the County of Genesee or any contiguous county (ie:  Erie, Niagara, Orleans, Monroe, Livingston, or Wyoming).

The deadline to apply to take the exam is November 2, 2022, and the examination date is December 10, 2022.  The civil service examination fee has been waived for the remainder of 2022.  You must take the exam in order to be considered for employment.  To find out more about the job specifications, and minimum requirements, and to view the new promotional video, click on the following link:  Correction Officer Video.

“Genesee County is currently building a new jail, which will allow for the housing of female incarcerated individuals.  As a result, there is a need to hire additional Correction Officers, especially female officers.  Start a law-enforcement career and join our family.  We’d love to have you,” stated Sheriff William A. Sheron, Jr.

GCC library receives $20K grant

By Press Release

Press Release:

Genesee Community College's Alfred C. O'Connell Library is pleased to announce the receipt of a $20,000 grant from the COVID Library Relief Fund of the American Library Association (ALA). The ALA made available $1.55 million in emergency relief grants to 77 libraries that have experienced substantial economic hardship due to the coronavirus pandemic. These funds are intended to bolster library operations and services including broadening technology access, developing collections, providing digital instruction, staffing, and expanding outreach, as well as maintaining and amplifying existing service strategies or adding new ones to extend impact through the end of 2022.

When the opportunity arose, it was an easy decision to apply for the grant. "Since the pandemic, we have been operating with fewer resources and the ALA funds will allow us to streamline essential systems. We are grateful for the monetary assistance," says Jessica Hibbard, Associate Dean of Library and Instructional Support Services at Genesee. The library plans to use the funds to enhance the library's engagement with the campus and GLOW region community by hosting several events and workshops, including the return of the poetry and photography contests. Upgrades to the library's study room spaces, feature new furniture and wall-mounted tablets to support an on-demand reservation system using the college's booking software, providing greater access for students and less staff time spent in scheduling.

The grant also provided enhanced streaming media and database access for some of the academic programs on campus, most notably the purchase of Visible Body, a database that supports online lab instruction for health care programs. As learning migrated online, streaming media is increasingly essential for coursework and the ALA funds made it possible for students to access videos for projects in general education courses such as cinema, history, journalism and musical theory/appreciation courses.

Hibbard reports that there isn't much time. "This grant cycle has a short window so we have already started to get some of these projects underway and are very thankful for the opportunity to make some enhancements in the library that we otherwise would not have been able to."

Acton Family Giving is the supporter of the COVID Library Relief Fund as part of its continued contribution to pandemic recovery. "We truly appreciate the continued generous support from Acton Family Giving to help so many libraries provide needed services to traditionally underserved communities across the country," said ALA President Patty Wong. "These grants will allow so many libraries to have a critical impact on those who depend on them during these challenging times."

To learn more about the COVID Library Relief Fund visit this https://www.ala.org/aboutala/ala-covid-library-relief-fund.

ALA distributes $1.55 million in COVID emergency relief to 77 U.S. (2022b, June 1). News and Press Center. Retrieved September 23, 2022, from https://www.ala.org/news/press-releases/2022/06/ala-ditributes-155-million-covid-emergence-rel ief-77-us-libraries

Pedestrian struck on West Bethany Road, Alexander

By Howard B. Owens

A car has reportedly hit a pedestrian in the area of 10368 West Bethany Road, Alexander.

The patient is unconscious but breathing.

Mercy Flight is unavailable because of weather.

Alexander Fire and Mercy EMS dispatched.

An Alexander chief is on scene.

UPDATE 4:12 p.m.: A serious injury is reported.

UPDATE 4:51 p.m.: Multiple investigators on scene.  The patient was transported to Strong.

Portion of Park Road to be closed Friday for pavement treatments

By Press Release

Press release:

A portion of Park Road, from Richmond Avenue south to the intersection of Lewiston Road/Route 63, will be closed to all traffic on Oct. 21.

This is to accommodate the completion of specialty pavement treatments. This work will occur between the hours of 7 a.m. and 4 p.m. The work is weather dependent. If work is postponed due to inclement weather, it will be rescheduled for the next business day.

Batavia Downs traffic is asked to enter and exit the facility parking area from the north end of Park Road near Richmond Avenue. Signage will direct Batavia Downs customers and staff to the parking areas.

For traffic needing to access Park Road approaching from Lewiston Road/Route 63, you are asked to follow the Park Rd Detour utilizing Veterans Memorial Drive.

For traffic needing to access Lewiston Road/Route 63 approaching from Oak Street/Route 98 and NYS Thruway, you asked to follow the Route 63 Detour utilizing Veterans Memorial Drive.

Park Road traffic from Oak Street/Route 98 to Richmond Avenue will not be impacted by this closure. 

Traffic delays expected on Harvester Ave. beginning Friday

By Press Release

Press Release

All motorists please be aware that Harvester Avenue will experience traffic delays on Friday, Monday and Tuesday (October 21st, 24th, 25th) from 7 a.m. to 7 p.m. for paving operations. While work is being performed in this area, local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

Thank you for your cooperation.

City stabbing Tuesday night being investigated

By Press Release

Press Release

At roughly 9:38 pm on Tuesday October 18th the City of Batavia Police Department, City of Batavia Fire Department and Mercy EMS were dispatched to Highland Park for a reported stabbing. Preliminary investigation reveals that the victim was stabbed somewhere on Jackson Street at roughly 9:30 pm.

The suspect is described as a black male wearing a white hooded sweatshirt. The victim was transported to a hospital where they are seeking medical treatment for their injuries.  Anyone with information is asked to contact the Batavia Police Department at (585)345-6350, the Batavia Police Department's confidential tip line at (585) 345-6370 or by clicking the tip button

No further details will be released at this time due to this being an ongoing investigation. 

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Sign of the times, or a big can of worms: first digital sign proposed for downtown

By Joanne Beck

As members of the city’s Planning and Development Committee mulled a request Tuesday for a digital sign  — which would be the first one approved for downtown Batavia — all action came to a hush at one point.

Members Ed Flynn, David Beatty, Chairman Duane Preston and John Ognibene looked at each other for guidance.

“Does anyone want to make a motion?” Flynn said. “What is acceptable? What is definitely not acceptable?”

Ryan Macdonald, on behalf of City Church, and contractor John Flannery made the request for the church at 210-212 East Main St. They asked to install a 99-square-foot electronic message board sign on the upper west side of the former theater’s existing marquee sign, and a 41-square-foot electronic sign on the upper east portion of the marquee.

Electronic signs have not been allowed in the central commercial district of the Business Improvement District, per city code. Such signs in areas outside of BID cannot change more than once every 10 seconds and images and messages must be static, not producing the illusion of scrolling, moving objects, expanding or contracting shapes or any similar effect of animation, the Batavia Municipal Code states.

So if the committee approved the sign, those three variances would have to be assessed. Members discussed the 10-second rule, mostly being against such a quick turnover of messages.The whole idea would be a “big step” to take, Beatty said, and could also set a precedent for more of the same downtown.

He gave a visual of Jimmy Stewart’s character in “It’s a Wonderful Life,” staggering down the streets of Potterville as commercialization has taken over.

“I’m not saying that’s what you’re doing,” he said to the applicants. “It’s going to be different, and quite a large sign in itself.”

Beatty suggested using some creative thinking to accomplish the goal of advertising church events and its schedule another way with signage.

Macdonald explained that the digital sign would provide opportunity for people to know what’s happening in a more direct way while driving up and down Main Street. This is a project that’s been on the table for two years, he said, as church leaders have researched a full restoration of the marquee — at a cost of more than $300,000 — and less expensive options.

“This was kind of the halfway mark,” he said.

He also echoed Preston’s comment that going electronic is a “sign of the times.”  People live by their phones, Macdonald said, and put them on their car dashboards to watch movies.

“That’s the world we live in,” he said.

Dunkin’ Donuts, which is not in the downtown district, was mentioned as an example of a sign that Macdonald said is being made with “antiquated technology.” That’s not even an option for the church as such technology is not even being used anymore, he said.

Preston sympathized with having to use the even older method of climbing a ladder to snap letters into place on a marquee sign. But all members agreed that 10 seconds was not enough time between message changes.

The proposed sign would provide an opportunity to disseminate church news “for someone that may not be on social media,” Flannery said. It’s about more than just service schedules, he said. Messages would also include a welcome greeting, a Christmas play promotion, and the like.

“There's more opportunity for people within the community to have the opportunity to participate in something, that may be other than a normal mass that's happening,” he said. “I think you would want as much ability with what they're going to provide. Because I think it's a once in a lifetime, once in our lives job. You want to do that right.”

Finally, Ognibene made a motion to approve the request with the stipulation that the message cannot change more than every 60 seconds instead of every 10 seconds.

Ognibene, Flynn and Preston voted yes, and Beatty was the lone no vote. He just didn’t see the need for the larger, electronic version of the existing marquee, Beatty said.

This vote will serve as a recommendation to the Zoning Board of Appeals, which will review the request during its meeting next week.

Preston said he wasn’t certain it was the right decision, but that it’s now up to the ZBA for final approval.

“They may not, even though we approved it for zoning. We just made a recommendation at this point, to address the three variances,” Preston said, answering The Batavian’s question about setting a precedent for others. “It's opening up a can of worms.”

File photo of David Beatty, and photo of Duane Preston, above, by Joanne Beck. Sign photos courtesy of the Planning and Development Committee's applicant materials.

Batavia City Schools board given surprise visit this week

By Joanne Beck

Newly elected school board President John Marucci (pictured above) was happily surprised by some guest visitors Monday evening.

Groups of primary, intermediate, middle and high school students attended the Batavia City School board's meeting to honor members for School Board Recognition Week. 

"It was great being recognized for being a member of the Batavia City School District Board of Education," he said to The Batavian Tuesday. "It was awesome to see all of those students at the meeting last night. We had students from Jackson do a cheer, JK students read personalized letters of appreciation, students from BMS thanked us, while a student from BHS read a lovely thank you card."

It was likely one of the biggest turnouts for a school board meeting. Students also presented the board with a Certificate of Appreciation.

The New York State School Boards Association recognizes October 17-21 as School Board Recognition Week in order to "promote awareness and understanding of the important work performed by local school boards." 

Superintendent Jason Smith was in on the secret visit and introduced the group to board members. The current 2022-23 board includes Marucci, who was elected in July along with Vice President John Reigle, Alice Ann Benedict, Barbara Bowman, Jennifer Lendvay, Chezeray Rolle and Korinne Anderson.

“Our schools are the bedrock of our Batavia community,” Smith said. “Our Board of Education members devote countless hours, make important decisions, and are committed to keeping BCSD operating at a very high level. Their dedication to accountability, transparency, and to our community is inspiring. We thank them for their service.”

According to the district, Batavia's Board of Education is responsible to the State of New York and the City of Batavia residents for the education of public school students, with a role that includes:

  • Working with the superintendent to create a district vision and set goals.

  • Review, modify, and approve all district policies.

  • Adopt a budget and present it to voters for approval. It also sets school tax rates within legal limits.

  • Hire, supervise, and support the superintendent.

Marucci encourages others to run for the Board of Education.

"It is very satisfying knowing you are helping to make our schools and Batavia community better by supporting the students, staff and leadership in their efforts to reach their goals," he said. "It was truly a wonderful presentation by the students -- on behalf of the entire board, we want to say thank you!"

The group is just beginning to work on the 2023-24 budget, and will continue to do so during the next few months, he said.

"That will be a priority moving into the New Year," he said.

For more information on the BCSD Board of Education, click here

Photos submitted by Batavia City School District.

Independent Living hosting 'Meet the Candidates' forum on Oct. 25

By Press Release

Press release:

For many years, Independent Living of the Genesee Region (ILGR) has encouraged citizens with disabilities to participate in the electoral process and make their preferences known about the candidates on the ballot in November – but first, voters need to learn more about those running to make an informed decision. 

ILGR will be hosting a “Meet the Candidates” forum in Batavia on Tuesday, Oct. 25 from 11 a.m. to 1 p.m., in the Conference Room at ILGR, located at 319 West Main Street, in the Crickler Executive Business Center. 

It will also be accessible via Zoom and will be live-streamed on Facebook at www.facebook.com/ILGR14020 and on WNYIL’s YouTube channel, www.youtube.com/user/WNYIL

In-person attendance is limited, and registration is required. To register to attend in person, to get the details to connect to Zoom, or for any questions on the event, please call Cathy DeMare at (585) 815-8501, extension 400.

Candidates invited to participate appear on the November ballot include those running for U.S. House of Representatives; State Senator; New York State Assembly; Genesee County Coroner; City of Batavia Councilman-At-Large.

Independent Living of the Genesee Region is a member of the Western New York Independent Living, Inc. family of agencies that offer an expanding array of services to aid individuals with disabilities to take control of their own lives.

 

 

Councilman Bialkowski appointed commodore of Point Breeze Yacht Club

By Press Release

Press release:

The Point Breeze Yacht Club held its Annual Member’s Meeting and Dinner on Saturday, Oct. 15, in the Clubhouse at Godfrey’s Pond.

The following slate of officers was elected: Commodore Bob Bialkowski, Vice Commodore Bob Turk, Rear Commodore Emrys March, Port Captain William Elliott, Secretary Marietta Schuth, and Treasurer Madeline Bialkowski. Vice Commodore Erik Roth was thanked for all his service and dedication to the club.

Members enjoyed a nice fall day at Godfrey’s with a great dinner catered by D & R Depot from Le Roy.

The Point Breeze Yacht Club is based at the Orleans County Marine Park which is located on the Oak Orchard River at Point Breeze.

Interested individuals may obtain information at the Club Website.

 http://www.pbycny.com

Submitted photo.  Vice Commodore Erik Roth and Commodore Bob Bialkowski.

Defendant in gun possession cases granted request for new attorney, wants to renegotiate plea

By Howard B. Owens
Tarrence Williams

A Batavia man who already admitted to a drug-dealing-related charge wants the chance to withdraw his plea so he can perhaps bargain for a prison sentence that includes a gun possession arrest on Sept. 30.

Tarrence Yuron Williams, 22, asked for a new attorney in County Court today saying he was dissatisfied with the representation provided by Public Defender Jerry Ader.

Judge Melissa Lightcap Cianfrini granted Williams' request to change attorneys even though District Attorney Kevin Finnell said he saw no grounds for letting Williams withdraw his prior guilty plea, which occurred before the second alleged gun possession charge following a "shots fired" incident on Ellicott Street in Batavia.

Williams was arrested in December and charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd.  

He later entered a guilty plea to attempted criminal possession of a controlled substance 3rd.

A drug possession charge in the third degree means authorities believe you possessed enough narcotics to sell, not just what you need for your own consumption.  It doesn't mean the defendant was caught in the act of selling drugs.

Then on Sept. 30, while Williams was awaiting sentencing on the drug charge -- that was supposed to be today -- police responded to Ellicott Street in Batavia for a report of shots fired and a man running from the area.

Sgt. Dan Coffey spotted a man on the Ellicott Trail between Jackson and Evans streets, and the man ran so Coffey chased him.  The man was later tackled in a grassy area next to Court Street, and later a weapon was recovered under bushes near M&T Bank.

Williams was charged with criminal possession of a weapon 2nd, a Class C felony, and criminal possession of a weapon 4th, a Class A misdemeanor, and jailed on $50,000 bail.  He remains in custody.

He asked to be released under supervision so perhaps he could find his own attorney, mentioning Thomas Burns as his preference. He wanted to know if there was a way to have Burns assigned to him through the assigned council program.

Cianfrini said the assigned attorney program will assign the next attorney in line and available, not necessarily the attorney of his choosing.

She said he could get friends or family to contact a retained attorney if he didn't want an assigned attorney.  

He would have to pay for a retained attorney.

Judge calls convicted arsonist a 'danger to society,' sends him to prison for 10 years

By Howard B. Owens
Matthew Zakrzewski

It was one of the most significant sentences she's ever given out as a judge, Melissa Lightcap Cianfrini told convicted arsonist Matthew Zakrzewski right after telling him he was going to prison for 10 years.

Ten years was the maximum Cianfrini could give to Zakrzewski under terms of a plea agreement.

In August,  Zakrzewski admitted to arson 2nd and arson 3rd.

If a slip of the tongue is any indication of what was on her mind, she would have sent him to prison longer.  

She sentenced him to 10 years on the arson 2nd conviction and then said she was sending him to prison on arson 3rd for 7 1/2 to 15 years.

A couple of minutes later, she caught her mistake and amended the arson 2nd term to five to 10 years.

Cianfrini called Zakrzewski a danger to society.

"The system needs to have you under supervision for as long as possible to ensure society's safety and security," Cianfrini said.

Both sentences will run concurrently.  Zakrzewski also faces five years on parole once he's released.

Part of Cianfrini's reasoning includes Zakrzewski's lengthy criminal record, which she characterized as escalating in severity, including a DWI and an assault, along with his failure to abide in the past with terms of his release.

She acknowledged Zakrzewski's substance abuse and mental health issues but told him he should use his time in prison to rehabilitate himself. 

"Prison can't make you do anything," Cianfrini said. "They can't force you to take classes. They can't force you into counseling.  It's up to you to do those things on your own."

The 42-year-old Batavia resident admitted to starting a fire at Washington Towers on Jan. 16, among other crimes on that date and preceding days.

The fire caused more than $10,000 in damage (Zakrzewski was ordered to pay restitution) but District Attorney Kevin Finnell said it could have been much worse.

"We were moments away from a disaster," Finnell said. "There's no excuse, reason, substance abuse, mental health issues, that can excuse starting that fire in an apartment building filled with older residents who could have lost their lives."

Defense Attorney Fred Rarick pointed to Zakrzewski's long history of mental health issues and a system, he said, that hasn't done much to assist him.  He asked for a five-year prison term.

Zakrzewski apologized for his actions and admitted his struggle with drug and alcohol abuse.  He said what he did at Washington Towers wasn't really who he is.

"Thank God, nobody was seriously hurt or killed," Zakrzewski said.

Deadly fentanyl has local law enforcement, health professionals on high alert

By Mike Pettinella

Those on the front lines in the battle against the opioid epidemic are unified in their message: Fentanyl is wreaking havoc across the United States, including right here in Genesee, Orleans and Wyoming counties.

“We’re seeing the human toll that fentanyl is having on our communities,” said Investigator Ryan DeLong of the Genesee County Sheriff’s Office, one of four speakers at Tuesday morning’s GOW Opioid Task Force meeting. “Probably everyone in this room has been affected (by substance use) by a family member or friend.”

DeLong and Deputy Ken Quackenbush, both trained as Drug Recognition Experts, spoke on what local law enforcement is dealing with as the scourge of fentanyl – a synthetic, prescription opioid that is 50 times stronger that heroin – has found its way, mostly from Rochester, into the rural counties.

They were joined by Emily Penrose, an epidemiologist with the Genesee County Health Department, who reported data on opioid-related deaths in Genesee and Orleans, and Christen Foley, task force coordinator, who described the basics of fentanyl and the telling signs of an overdose.

About 35 people attended the quarterly meeting at The Recovery Station, operated by Genesee/Orleans Council on Alcoholism and Substance Abuse, on Clinton Street Road.

DeLong and Quackenbush said that they are encountering scores of people using fentanyl through their road patrols and other drug crackdown initiatives. DeLong noted that the opioid is usually packaged in a wax envelope, about an inch square, but recently, they are finding it mixed with other substances for smoking purposes.

While police used to deal with heroin and other stimulants, Quackenbush said that he has “never seen heroin or seen heroin come back on a toxicology report” in his six years with the sheriff’s office.

“It’s always fentanyl,” he said.

Fentanyl is being distributed in both powder and pill form, with some pills in bright colors to mimic candy, the officers said. DeLong said fentanyl is much cheaper than heroin – a factor leading to its widespread use.  Last year, more than 100,000 Americans died of opioid overdose.

DeLong explained that law enforcement is staying up to date in several ways on the drugs coming into the United States:

  • Through regular emails from the federal government on packaging, quantities, forms and trends;
  • Through communication among all local and regional police agencies;
  • Through pro-active policing such as traffic stops and field testing of seizures (confirmed by lab results);
  • Through narcotics trainings at both the “macro and local levels.”

“Every deputy carries and is trained in the administration of Naloxone (popular brand name, Narcan) and we respond to overdose calls for service along with EMS (Emergency Management Services) and fire (personnel),” DeLong said. “We’re also involved in the Public Safety Assisted Addiction and Recovery Initiative, where we link individuals to services through GCASA peer recovery advocates (without criminal implications) and conduct Drug Take-Back programs throughout the year.”

Penrose presented charts that showed a spike in opioid deaths in both Genesee and Orleans counties in 2017 and 2018 – both rates per 100,000 people well above the national average. She said the rate has decreased in the past three years but continues to be cause for concern.

“We’ve seen a big raise in fentanyl-related deaths since 2014, where before that, the overdose deaths mostly stemmed from heroin,” she said. “Additionally, we’ve seen fentanyl in stimulants such as cocaine, methamphetamine, ecstasy and bath salts.”

As far as leading causes of death in the U.S., unintentional injuries – including poisoning from alcohol and drugs – is the leading cause of death in every age group from 1 through 44.

“When you look deeper into unintentional injuries, we see that poisoning is the No. 1 cause for the 25-34, 35-44, 45-54 and 55-64 age groups – and that’s fentanyl,” she stated.

The health department is currently involved in a new initiative, HEALing Genesee, which is working to prevent overdose death through education and awareness, increasing access to Naloxone (which saves the lives of people experiencing an overdose) and safe prescribing practices.

The GOW Opioid Task Force, in conjunction with GCASA, regularly schedules trainings in Naloxone administration, Foley said.

“We encourage as many people as possible to get trained in how to administer Naloxone,” she said, noting that just 2 milligrams of fentanyl is considered a lethal dose in most people. “It’s important to know the signs of an overdose, which including drowsiness or unconsciousness, slow or shallow breathing, choking sounds or skin tone changes.”

For more information about Naloxone training or the task force, contact Foley at 585-815-1863.

Photo: Speakers at the GOW Opioid Task Force meeting on Tuesday are, from left, Christen Foley, Emily Penrose, Deputy Ken Quackenbush and Investigator Ryan DeLong. Photo by Mike Pettinella.

DISCLOSURE: Mike Pettinella is the media specialist at GCASA.

Water repairs to continue on Harvester Ave. and Ellicott Street

By Press Release

Press Release

The City of Batavia Water Department along with Zoladz Construction will be replacing a broken water valve on Harvester Avenue and fire hydrant on the corner of Harvester Ave and Ellicott Street today, October 18, 2022.  The water will be shut off on Harvester Ave from Colorado Avenue to Ellicott Street, all of Colorado Avenue, all of Williams Street and on Ellicott Street from Ellicott Place to Clifton Avenue.

The length of time the water will be off is unknown.

As always, when the water is restored it may be discolored.  Please refrain from doing any laundry until the water runs clear.

We apologize for any inconvenience and the public’s patience is greatly appreciated.

 

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