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Law and Order: Man jailed on bail after allowing protected person to stay at his residence

By Howard B. Owens

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

Grand Jury: Woman allegedly jumped bail, failed to appear in county court on felony charge

By Billie Owens

Serena L. Snyder is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that she did not appear personally on Sept. 26 in Genesee County Court as ordered after having been released from custody on the condition she would do so, nor did she voluntarily appear in court within 30 days thereafter. She was to appear in court in connection with an unspecified felony charge against her.

Steven Obara is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 8 in the Town of Pembroke that Obara drove a 2007 Jeep on Route 33 while he was intoxicated. In Special Information filed by the District Attorney's Office, Obara is accused of having been convicted of driving while intoxicated, as a misdemeanor, on Feb. 1, 2011 in the Town of Elma in Erie County. That conviction was within 10 of the commission of the crime alleged in the current indictment.

One of county's new fees for weights and measures blocked by state regs

By Howard B. Owens

An effort to reduce the cost of the county's Weights and Measures program and generate new fees to help cover the costs of an inspector's duties got sidetracked last month when county officials found out state law wouldn't allow them to charge one of the fees on the new fee schedule.

It's called a "witnessing fee." It is charged when an inspector works at a facility with a third-party to certify the scales of a company that uses large equipment. The third-party calibrates the large scale when the county doesn't have its own equipment to calibrate large scales. The inspector must witness the work and place the seal on the equipment once it is certified as accurate.

Under Article 16 of the Ag and Markets Law, the county can charge this fee but another section says they can only charge a witnessing fee if it owns the calibration equipment.

Genesee County does not own this equipment and works with a company from Rochester to perform the inspections.

The County Legislature approved a plan at the beginning of the year to eliminate Weights and Measures as its own county department with its sole employee, the director of weights and measures. The division is now part of the County Health Department, under Director Paul Pettit, and the county's weight and measures "director" is a director in title only.  He is the inspector.

In January, the county hired an inspector and teamed him with a trainer from weights and measures. At his first large job, a firm in Genesee County that asked not to be identified, the inspector informed the owner he was going to charge the witnessing fee. The new inspector was told by both a rep from the Rochester firm and the owner of the local company that the fee wasn't legal.

That evening, the new inspector told his local supervisor that he couldn't charge the fee. The following day, a Friday, there was a snowstorm and the inspector says he was told he could stay home with his kids.

On Monday, the inspector was dismissed from his job. He said he believes it was because he refused to charge the witnessing fee. He said the official reason was he was given was an "attendance problem" but he doesn't believe he had an attendance problem.

Pettit said he can't discuss personnel issues.

He did acknowledge that it was through the inspection at the local company that the county was made aware of the contradiction in state law over the witnessing fee.

Pettit said the county has not charged the fee nor has it collected the fee. The dismissed inspector said he handed a bill with the witnessing fee to the local business owner. The owner said he refused the bill.

Pettit said the county and its attorneys are working with state officials to try and resolve the issue over witnessing fees, which a spokesperson for Ag and Markets confirmed, but Pettit thinks it will take a change in the state regulations in order for Genesee County (and Orleans County) to be able to charge a witnessing fee without owning its own equipment.

"This witnessing fee allows us to recoup some of the time spent out on the site by our director," Pettit said. "He might be out there two, four, six hours, depending on the intricacies of the test. If we're not able to collect the fee, the full cost of that test is being borne by the taxpayer."

Genesee County catches second wave of flu season

By Howard B. Owens

As County Health Director Paul Pettit anticipated, there are a few more cases of flu reported locally after a sharp decline from the peak of the season in February.

It's too soon to tell, Petit said, how strong this second wave of cases will be.

"Until we get the next report, we're not sure if it's going to go back down or back up," Petit said.

For the week ending March 31, there were 23 reported flu cases in Genesee County, up from just 13 the week before.

Statewide, the trend is also toward a second wave of flu cases.

"It’s very typical in most seasons, have a peak and then numbers will tail off but then usually there is a second wave," Petit said. "It's usually not expected to be as prevalent."

In total for Genesee County, there have been 683 flu cases reported this season. Petit said typically we would have from 150 to 200 flu cases.

"It's never too late to get a (flu) shot," Petit said; however, he urged people who start to have flu-like symptoms to try and avoid contact with other people and if they take an antiviral medication such as Tamiflu, that will help.

Law and Order: For third time, man accused of pulling fire alarm at DePaul

By Howard B. Owens
      Jonathan Balaz

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of pulling the fire alarm at DePaul Properties, 555 E. Main St., Batavia, at 4:37 p.m. Friday when there was no fire or another emergency. (Balaz was recently arrested on two similar accusations.)

Rachael Marie Lochner, 23, of Janice Drive, Rochester, is charged with: felony DWI (driving drunk with a child less than 16 in the vehicle); driving with a BAC of .18 or greater; failure to keep right; and moving from lane unsafely. Lochner was involved in an accident on South Street Road, Pavilion, at 1:41 p.m., April 4. Her vehicle reportedly left the roadway and struck two fences, causing property damage, to two other vehicles and a building. The accident was investigated by deputies Andrew Mullen and Kevin McCarthy.

Rueben O. Walker, 33, of Ellicott Street, Rochester, is accused of criminal possession of stolen property, 4th, and criminal impersonation, 2nd. Walker is accused of using a debit card belonging to another person, claiming he knew the person but did not have permission to possess or use the card. He was jailed without bail.

Shaquille Levon Davis, 25, of Main Road, Stafford, is charged with criminal mischief, 4th. Davis allegedly damaged a door during an argument at a residence on Highland Park at 2:45 p.m., Thursday. He was ordered held on bail.

Robert D. Griffin Sr., 39, no listed address, is charged with criminal contempt, 2nd. Griffin is accused of violating an order of protection at a location on Manhattan Avenue at 7:50 p.m. Saturday.

Antonio M. McKinney, 43, of Gibson Street, Buffalo, is charged with DWI. McKinney was arrested after Officer Christopher Lindsay responded to Speedway at 4:24 p.m. Saturday to investigate a report of a larceny. Upon investigation, it was determined that McKinney allegedly drove to Speedway in an intoxicated condition. He was jailed without bail.

Kevin Angel Rivera, 23, of Richmond Terrace, Staten Island, is charged with harassment, 2nd. Rivera is accused of pushing another person and punching that person in the face during an argument at College Village at 4 p.m. Sunday.

Multi-agency training allows officers to practice active threat scenarios together

By Howard B. Owens

Dealing with active threats is the focus of two weeks of training hosted by Batavia PD in a vacant building at the NYS School for the Blind.

Officers from Batavia PD, the Sheriff's Office, State Police, and Probation are participating.

It's unfortunate, said Chief Shawn Heubusch, that these days, officers have to be ever ready, either on their own or as part of a team, to deal with somebody who is threatening the lives of other people.

"We learned a lot from the situation at Columbine," Heubusch said. "It used to be, surround, create a perimeter, wait for the cavalry to arrive, and then go in. That is no longer the norm. If there is an active shooter or active threat going on, you may be the first officer there, you may be the only officer there, but you’re going in and you’re going to take care of that threat to the best of your ability.

"That thinking has changed dramatically from the early or late '90s when these situations, unfortunately, became more prevalent."

The purpose of multi-agency training is to ensure all officers who respond to an active threat situation have gone through the same training because in a small county where law enforcement resources are limited, officers from agencies will be working together.

"We’re not a big huge department," Heubusch said. "We don’t have a 100 cops on the force. We don’t have 50 cops on the street at any given time. There may not be even 50 officers in the county, or less than that, at any given time, so you’re going to get what shows up."

In the training scenarios, officers from different agencies are working side by side as much as possible so they're learning the same tactics at the same pace.

"You just never know who is going to be available in a given situation and you’ve got to be familiar with tactics and on the same page," said Officer Marc Lawrence.

The training consists of classroom instruction followed by walk-throughs of techniques using simulated weapons and then "force-on-force" training, where offices are using weapons with clips filled with paintballs.

That's perhaps the most valuable training both Heubusch and Lawrence said and something officers don't get often through the normal course of training.

"When you go through the academy or you go to the range, it’s kind of a static environment," Heubusch said. "You’re shooting for the seven-yard line or the 15-yard line or something like that. This puts you in a real-life scenario situation where your energy is up, your adrenaline might be pumping a little bit. (Force-on-force) gives you more of a real-life look at things."

There's a price to pay, which keeps you on an edge, when there are real projectiles flying, Lawrence said.

"You may get shot with a simulation round," Lawrence said. "They hurt. They leave welts. And you get shot if you don’t do your job as a police officer. If you don’t clear a room properly, you may get shot."

Law and Order: Batavia resident charged with harassment, unlawful imprisonment

By Howard B. Owens

Patrick S. Rumble, 31, of Hutchins Place, Batavia, is charged with harassmen,t 2nd, unlawful imprisonment, 2nd, and criminal mischief, 4th. Rumble allegedly pushed another person multiple times and prevented that person from leaving a residence and from contacting emergency dispatch during an incident at 4:11 p.m. Wednesday at a location on Hutchins Place, Batavia.

A 17-year-old resident of Hutchins Place is charged with trespass. The youth allegedly entered a residence on Hutchins Place at about 4 p.m. Wednesday after being told to stay away from that residence.

Arnold John Oberlander Jr., 54, of South Pearl Street, Oakfield, is charged with unlawful possession of marijuana and aggravated unlicensed operation, 3rd. Oberlander was stopped at 8:29 a.m. Thursday on the I-490 in Le Roy by Deputy Matthew Bailey.

UPDATED: Two men who reportedly fled police get to meet K-9 'Destro'

By Howard B. Owens

Two men who reportedly led law enforcement in Livingston County on a chase and were later spotted by a deputy in Genesee County allegedly tried to flee on foot after a one-vehicle car crash at Route 262 and Bank Street Road in Byron at 4 a.m.

Their effort led to a manhunt, joined by Deputy Chris Erion and K-9 "Destro." As a result, both men required treatment at UMMC for dog bites, according to Chief Deputy Joseph Graff.

One of the men apparently had a prior stomach injury and was reportedly throwing up blood at the scene. As of this afternoon, he was still a patient at UMMC. The other man, Michael Collier, 45, of Rochester, was arraigned this morning on charges of criminal possession of stolen property, fleeing a police officer, 3rd, reckless driving, and aggravated unlicensed operation, 3rd.

Charges are pending against the man still in the hospital.

Graff said the incident started after Sheriff's dispatch was notified of a chase in Livingston County.  

A deputy spotted a vehicle matching the description of the Livingston County vehicle but did not initiate a chase. Instead, the deputy followed the vehicle.

It crashed at Bank Street Road and Route 262 in Byron and the occupants tried to flee. 

Erion and Destro were dispatched to the scene. One subject was captured quickly and the other remained on the loose for a little while. When each of the subjects was found, Destro initiated a bite and hold to help incapacitate them so they could be taken into custody.

Graff said the bite injuries were not serious.

UPDATE Friday, 10 a.m.: Additional information has been released by the Sheriff's Office. The suspects were pursued in Livingston County after a report that they were involved in a theft of merchandise from a department store in Geneseo. It was Deputy Jeremy McClellan who first observed their vehicle on Route 5 in the Town of Batavia. The suspects fled and crashed at Route 262 and Bank Street Road. State Police and Batavia PD assisted in the search of the area. Collier's passenger has been identified as Gary L. Weese, 44, of West Avenue, Medina. He is being charged with criminal possession of stolen property in the 5th degree. He remains hospitalized for health issues unrelated to the incident. Bail for Collier was set at $50,000.

(Initial Report)

YWCA's daycare program will reopen Monday with all the same services at the same locations

By Howard B. Owens

Good news for parents who have depended on the YWCA for after-school child care -- the YW's program will be running as normal at all locations starting Monday.

The Children's Center at the County Courthouse will also remain open.

Earlier this week, the YW announced that because of financial difficulties, all programs and services were being terminated immediately.

Executive Director Millie Tomidy-Pepper has been working the phones to find ways to keep vital community programs going and staff from the YWCA in Niagara County rode to the rescue yesterday.

According to board members Roula Alkhouri and Patti Michalak, staff from the YW in Niagara visited 301 North St., Batavia, yesterday and provided the help needed to get the necessary vouchers filled out to keep the funds flowing from the state to pay for the daycare program.

Parents can expect that by Monday everything with YWCA-provided daycare will be back to normal.

The Batavian was speaking with Alkhouri and Michalak at the YW's office while Tomidy-Pepper was in a meeting with a staff member when a pair of parents walked in to confirm the news, which was sent out this afternoon to parents in the program in an email, that the daycare program was saved.

They said all of the current board members and Tomidy-Pepper have been working hard to save YW programs and bring the 108-year-old Genesee County chapter of the YWCA back from near extinction.

"We don't want this to go under and it's not going to go under," said Michalak, who became a board member two weeks ago.

She said Tomidy-Pepper has been putting in 12 hour days both to save programs and to save the YW.

There has been a tremendous outpouring of support from the community, they said.

The Crisis Care Hotline will also continue but outside of the YWCA. The Crisis Care Hotline call center in Niagara County started today receiving calls to the Genesee County number.

YWCA finances: No credit, no reserves, no clear explanation of how it got this way

By Howard B. Owens

Millie Tomidy-Pepper and YWCA board members spent the day hunkered down in an office trying to figure out how to keep key programs running after yesterday's announcement that the 150-year-old community support organization is buried under a pile of debt, has no cash reserves, and can't continue to operate the multiple services it provides to the community.

The situation appears dire but Tomidy-Pepper today said she wants to emphasize this may not be the end for the YW.

"The news to bring to the community is that just because we're going through a really rough patch right now, the board hasgrown and is committed to helping us get through this," Tomidy-Pepper said.

She became executive director of the YWCA on Feb. 5, replacing Jeanne Walton, who served as director from July 2011 until Tomidy-Pepper was hired to replace her. Tomidy-Pepper said when she started there were only four board members and she made it one of her goals to increase board membership and the board's diversity of experience. There are now 11 board members, including ministers, educators, and people with business and nonprofit backgrounds.

That's the good news.

The bad news is, there is no guarantee the YW can be resuscitated.

A source tells The Batavian there have been pay periods recently when the YW couldn't make it's more than $20,000 payroll; that credit cards are maxed out at $53,000; that the YW is behind in sales tax payments for My Sister's Closet, (there are, however, no tax warrants outstanding with the state); that grant reimbursement requests are behind; and that the city was recently close to shutting off the water for the YW's building at 301 North St., Batavia.

It's through the generosity of a local, unnamed donor, that some of these issues, including payroll, have been resolved.

Thanks to this donation, Tomidy-Pepper and key staff members are still working, but reduced to 20 hours for the week and only for one more week of work.

Tomidy-Pepper said she will be putting in a lot more hours than just 20 in the coming week and beyond trying to help get things turned around for the YW and working to ensure key services, one way or another, continue.

How the YWCA sunk to this financial low is unclear.

In a statement released to local media tonight, Walton said the financial struggles of the YWCA of Genesee County started long before she became director and that under tough circumstances she did her best to hold things together.

"Managing the finances of a nonprofit is a constant challenge," Walton said. "As with most nonprofits, the YWCA has not been sitting on a large reserve of money in recent decades. Due to this, the organization has had to live 'paycheck to paycheck,' just as many households do."

Walton said she rejects the suggestion that the financial condition of the YWCA is currently any worse than what she dealt with during her entire seven years at the helm. She doesn't believe it was necessary for the YW to pull the plug on so many key services in the community.

As a nonprofit, the YW is required to file a Form 990 with the IRS each year. These public documents, available online, provide a summary of revenue and expenses. It also lists "net assets or fund balances" -- how much money the entity has in the bank.

For tax year 2001, the oldest 990 available online, says the YWCA had $462,390 in assets. There was $850,650 in revenue against $782,823 in expenses, so in the year 2000, the YW was cash flow positive by $4,929. That year, the YW did spend $61,000 of fund balance.

The next year, the YW lost $31,900 on operations and also withdrew $111,612 from reserves (CLARIFICATION: A closer reading of the Form 990, this was a loss in value of the YW's securities investment (stocks)). Some fund balance was restored the next year but over the next 15 years or so, the YW has been slowly bleeding down its fund balance with only a couple of years of small replenishment, including two years while Walton was the director.

Here's a year-by-year breakdown:

  • 2001 fund balance: $462,390
  • 2002: $318,878
  • 2003: $365,632
  • 2004: $280,724
  • 2005: $237,785
  • 2006: Not Available
  • 2007: $210,566
  • 2008: $228,934
  • 2009: $124,799
  • 2010: $93,109
  • 2011: $122,391
  • 2012: $74,300
  • 2013: $77,783
  • 2014: $97,601
  • 2015: $70,003
  • 2016: Not Available
  • 2017: Would not be available yet

The tax returns show Walton earned from $48,400 to $52,400 during the years reported that she was executive director, which is comparable to executive compensation for prior directors. Barbara Hale, for example, earned $48,277 in 2008.

The picture painted by Tomidy-Pepper of the current financial condition of the YWCA is that there simply isn't enough free cash flow to operate and no available credit or line of credit to float expenses until expected revenue arrives.

Termination of YWCA services, however, leaves county officials, local school officials, parents, and others scrambling to find ways to meet community needs.

One of the biggest services provided by the YW -- 40 percent of $1.1 million in expenses according to the nonprofits 2015 tax return -- is providing daycare services for students at eight school districts in the county.

Tomidy-Pepper she said she realizes shutting down this program suddenly is a hardship on local parents, and she's received complaints about the short notice. But she said she hopes that with the announcement of the possible closure coming during spring break, parents will have a week to make other arrangements for their children if the YW can't come up with another solution.

She's hopeful the YW will find a way to fill the gap.

"We know it's a huge burden on families," she said. "We're working diligently with other service providers and hoping by Monday to have an answer. I want people to know we're not giving up. We're not throwing in the towel."

She thinks a solution has been found but can't announce it yet.

"If that happens, hopefully, that will keep our employees employed," Tomidy-Pepper said. "That would be wonderful. That would take 18 people off the unemployment line."

The county has $160,000 in contracts with the YWCA for the Care and Crisis Helpline, the Domestic Violence Safe House, and other programs. County officials were meeting today to figure out how to meet the needs of these programs without the YW but Tomidy Pepper said she and the board members are also working on these issues.

She said they expect Verizon to soon provide another number for the helpline and the board will meet with officials in Niagara County about helping with the safe house and the domestic violence program. (The County also has a domestic violence program available through Genesee Justice.)

The YWCA also staffs a daycare center for Family Court in the County Courts facility. Tomidy-Pepper said she and the board members haven't figure out yet what to do with that program.

She did say the building at 301 North will remain open. Besides My Sister's Closet, which is staffed by volunteers, there are tenants in the building.

"We're not locking the doors and shutting down completely," she said. "We want people in the building."

When she started, Tomidy-Pepper, who has nearly 20 years experience in the nonprofit sector, said she was told of the YW had an annual operations budget of $1.2 million.

She did explain that there was another recent audit but that auditor was never paid in full so the auditor wouldn't release the results. Tomidy-Pepper tried to hire a second auditor but that auditor wouldn't do the job without seeing the first auditor's findings. A community member -- the donor mentioned above -- provide funds to pay the first auditor and hire the second auditor.

It was that second auditor who said there was no realistic way to complete an audit.

One issue Tomidy-Pepper said she uncovered is that the YW needed to apply for grant reimbursements but the vouchers needed for the reimbursements were either missing or not completed.

She said with the help of former and current staff, she has been able to resolve that issue and the grant reimbursements are in the works with the state.

"We've faced many challenges and we're meeting that challenge," she said.

Tomidy-Pepper said she really wants to see the YWCA of Genesee County come back strong and she is grateful for the help she's receiving.

"The board members, the people in the community, want to help," she said. "They want to help. They want us to succeed."

We also reached out to YWCA USA to try and find out more information about whatever oversight the national organization might provide and how one of the national organization's affiliates could reach the state of near if not total financial collapse.

A spokeswoman declined an interview request and issued this statement:

Statement by Alejandra Y. Castillo, YWCA USA, CEO
YWCA USA recognizes the critical role YWCA Genesee County plays in the community and we are dedicated to providing tactical support to help them during this difficult time. Our chief concern is for the women and families who rely on YWCA services and we are collaborating with our strong network of New York YWCAs to identify alternative programs and resources to assist through this transition.

Here is the statement released by Jeanne Walton:

The financial struggles experienced by the YWCA of Genesee County predated my tenure as Executive Director and continued during the nearly seven years I served in that capacity. Managing the finances of a nonprofit is a constant challenge. As with most nonprofits, the YWCA has not been sitting on a large reserve of money in recent decades. Due to this, the organization has had to live “paycheck to paycheck”, just as many households do. Over the years, I learned to manage this so that the organization remained solvent. The YWCA USA and Board of Directors of the YWCA of Genesee County were kept apprised of the organization’s financial condition. As required by law, independent audits were conducted annually. Corresponding tax returns (990s) were filed and these records are publically available.

Five months ago I announced my decision to resign as Executive Director and offered to assist with the process of selecting and training my successor. In January 2018 my replacement was chosen, and it was agreed that during my last weeks at the YWCA I would focus on working with the new Executive Director to educate her on all of the financial and executive level challenges faced by the organization. I felt this would be a great deal to accomplish in a short period of time, and was quite surprised when I was informed that, while I would be paid for my last two weeks, it would not be necessary for me to work with the new Executive Director. Nonetheless, I recently reached out to the Board of Directors Executive Committee, the auditor, the Executive Director and the YWCA USA to offer my assistance.

Nothing about the YWCA’s financial situation changed for the worse during my years of service. The challenges currently faced by the YWCA are nothing different than what I handled along with our Finance Manager the entire time I was there. Strategizing and having a full understanding of the cash flow are imperative to the financial health of the organization. The finances of this organization are extremely complicated and it is a necessity to have an individual familiar with them involved in the audit process and the ongoing financial operations. Prior to my departure, my leadership team suggested changes to my successor and the board President that we felt were necessary for the financial health of the organization.

After my many years with the YWCA and the expansion of services provided, I am heartbroken that the decision was made to terminate the programs that are vital to this community. I cannot understand how it makes sense to end programs that are 100-percent grant funded, such as Domestic Violence Crisis and Prevention Services, Care + Crisis Helpline and the Children’s Center at the Courthouse. I am shocked by this news and know that it is an extreme decision that could have been avoided.

Law and Order: Batavia man accused of violating court order

By Howard B. Owens

Derek J. Wert, 36, of Tracy Avenue, Batavia, is charged with criminal contempt, 1st. Wert is accused of violating an order of protection by making contact Sunday with the protected person at the person's residence. Wert was arraigned and jailed without bail.

Austin Kendrick Vogt, 20, of Fairway 6, Macedon, is charged with criminal mischief, 4th. Vogt allegedly broke a mirror in a bathroom at College Village at 7 p.m. Sunday.

Faith Marie Greene, 21, of Canterbury Lane, Tonawanda, is charged with unlawful possession of marijuana and speeding. Greene was stopped at 3:20 a.m. Saturday on Route 77 in Darien by Deputy Eric Meyer.

Andrew Gerard Jones, 54, of Attridge Road, Churchville, is charged with DWI, driving under the influences of drugs and alcohol, refusal to take breath test, and speeding. Jones was stopped at 12:26 p.m. Saturday on Pearl Street Road, Batavia, by Sgt. John Baiocco.

Walter Bernard Hale Jr., 40, of East Avenue, Batavia, is charged with criminal contempt, 2nd. Hale is accused of posting pictures online of a person under the protection of a court order.

YWCA in Batavia announces closure, immediate termination of all programs, including domestic violence

By Howard B. Owens

Press release:

After several weeks, nearly daily meetings with the Board of Directors and many sleepless nights, YWCA Executive Director Millie Tomidy-Pepper and board members made a decision Monday that will affect agency employees, programs and services.

“The cash position is such that we can’t continue to operate,” Tomidy-Pepper said. “When I was interviewed I was told that there was a first quarter cash-flow problem. Ever since I began here I have uncovered that it was much more than that.”

As a result of lack of funding, all YWCA programs are going to cease immediately. Those include domestic violence, before and after school child care, courthouse daycare, a food reimbursement program for home daycare providers, and crisis helpline services.

This move will put 36 YWCA staff members in the unemployment line, however, she doesn’t know if there will be anything for them when they get there.

“The history of the organization using an unemployment services trust, and the fact that it was not kept up-to-date by being paid, it’s questionable whether employees will be able to get unemployment insurance,” she said.

Tomidy-Pepper has been executive director since Feb. 5. During the interview process nothing was disclosed about the current fiscal condition of the nonprofit. The agency’s financial records are in such disarray that an audit cannot be properly conducted.

“We’re working to keep the doors open but right now we have to close, and we’re reviewing the finances,” she said. “There’s considerable longstanding debt and there’s no money on reserve to get us through this situation.”

The lack of funds is further exacerbated by a maxed-out line of credit and credit card, she said.

“I was not made aware of any of this,” she said. “I thought I could get past the first quarter, but there’s a mountain of debt and this has been a longtime problem. The finances are being looked into in depth.”

 A veteran executive, Tomidy-Pepper was assistant executive director of the Mental Health Association in Genesee County for seven years and another 12 years as executive director. She not only ran a nonprofit with a balanced budget but one with a surplus, which demonstrated her understanding of expenses and revenue and her management skills.

“I want my reputation to exceed me,” she said.

The site at 301 North St. will remain open to accommodate current tenants and My Sister’s Closet Boutique, a women’s and children’s clothing and accessories thrift shop.

The agency has been the sole provider of domestic violence services in Genesee County and has served about 650 new victims each year. The agency has also provided before and after school child care for hundreds of families and answered the call for thousands of people in crisis. It is uncertain as to how those people will be taken care of in the future.

The board, which has grown from four to 11 members since Tomidy-Pepper took the helm, will embark on a “Save the YWCA” campaign. Up to this point the new executive director has experienced open arms to welcome her.

“The community has been reaching out to help us any way they can,” she said. “We have been working day in and day out trying to figure out what happened and how to put a plan in place to move us forward.”

Suspected drug activity leads to raid on State Street apartment

By Howard B. Owens
      Keith Kendrick        Denzel Hall

Members of the Local Drug Task Force along with Batavia PD Emergency Response Team busted in on a residence at 133 State St., Batavia, on Thursday night to execute a search warrant and as a result, they say they found six people engaged in narcotics activity inside an apartment at that location.

According to the press release, local law enforcement recovered from the scene a quantity of crack cocaine, methamphetamine, marijuana and drug paraphernalia.

Two of the six people found in the apartment were charged with possession of narcotics with the intent to sell and the tenant of the apartment was accused hosting the drug activity.

Keith R. "Sosa" Kendrick, 26, of Viola Drive, North Chili, and Denzel T. Hall, 25, of Stenwick Drive, Rochester, were both charged with two counts each of criminal possession of a controlled substance, 3rd.

Donna M. Fidanza, 48, of State Street, Batavia, was charged with criminal nuisance in the first degree.

Also arrested were Heath D. Snyder, 47, of Abbott Road, Orchard Park, charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Joseph M. Marranco, 47, of Pringle Avenue, Batavia, was charged with criminally using drug paraphernalia, 2nd, and unlawful possession of marijuana. Madalyn R. Muntz, 32, of Evans Street, Batavia, was charged with criminally using drug paraphernalia, 2nd, and criminal possession of a hypodermic instrument.

Kendrick and Hall were arraigned in City Court and ordered held on bail.

Grand Jury: Man accused of causing serious physical injury to a person in Darien with his vehicle while intoxicated last June

By Billie Owens

Robert R. Greiner III is indicted for the crime of second-degree assault, a Class D felony, for allegedly recklessly causing serious physical injury to another person by means of a dangerous instrument -- a motor vehicle -- on June 3 in the Town of Darien. In count two, he is accused of second-degree vehicular assault, a Class E felony, for allegedly operating a 2015 Nissan on Route 77 while intoxicated on June 3 in Darien, causing serious physical injury to another person. In count three, he is accused of another instance of second-degree vehicular assault for having a BAC at the time of .08 or greater while operating the Nissan in a manner that caused serious physical injury to another person.

Alberto G. Santos is indicted for the crime of criminal possession of a weapon in the second degree, a Class C felony. It is alleged that on Feb. 4 in the Town of Le Roy that Santos possessed a loaded firearm -- a Sig Sauer Model SP2022. In count two, he is accused of criminal possession of stolen property in the fourth degree, a Class C felony, for allegedly knowingly possessing stolen property -- consisting of one or more firearms, rifles and shotguns.

Syjesman T. Brown is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Oct. 8 in the Town of Le Roy that Brown possessed the narcotic drug heroin with intent to sell it.

Leaha R. Wimmer is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Sept. 16 in the Town of Darien that Wimmer stole a Citizens Bank debit card. In count two, she is accused of the same crime involving a Bank of America Visa debit card on Sept. 19, also in Darien.

Law and Order: Person accused of twice pulling fire alarm when there was no emergency at DePaul

By Howard B. Owens

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of intentionally pulling a fire alarm at the DePaul Housing Complex on East Main Street at 12:43 p.m. Wednesday causing an emergency response by Batavia fire when there was no emergency. He is also accused of the same crime, with the same charge, at 9:17 p.m. Friday.

Dawn M. Orlando, 48, of Wood Street, Batavia, is charged with harassment, 2nd. Orlando is accused of hitting another person in an incident reported at 12:30 p.m. March 25.

Marcus L. Speed, 30, of Hawthorne Court, Elmira, was arrested on a warrant for alleged failure to appear on an appearance ticket. He was jailed on $1,000 bail.

Walter B. Hale Jr., 40, of East Avenue, Batavia, was arrested on a warrant related to a charge of criminal contempt, 2nd. He posted bail and was released.

Cathleen Joan Mills, 48, of Route 333, Campbell, is charged possessing for sale or transport more than 10,000 unstamped cigarettes. Mills was charged as a result of an investigation by Deputy Robert Henning of a report of a person buying a large quantity of cigarettes.

Luis Gabriel Lopez, 21, of 7 Fairway St., Macedon, is charged with criminal possession of marijuana, 3rd. Lopez was charged after he was allegedly found in possession of marijuana with an aggregate weight of more than eight ounces during a vehicle checkpoint at 4:59 p.m. Saturday on Route 33, Bergen, by Deputy Matthew Bailey and Deputy Ryan DeLong.

Curtis Rashaad Beaty, 20, of Winbourne Road, Rochester, is charged with aggravated unlicensed operation, unlawful possession of marijuana, and driving without a valid vehicle inspection. Beaty was charged following a stop by Deputy Ryan DeLong and Matthew Bailey at a vehicle checkpoint at 4:59 p.m. Saturday on Route 33.

Dartanyon A. Robinson, 47, of Rochester, is charged with driving under the influence of drugs, driving without an interlock device, aggravated unlicensed operation and speeding. Robinson was stopped at 7:39 a.m. Friday on the Thruway in the Town of Batavia by State Police.

Bradley W. Polle, 40, of Spencerport, is charged with criminal contempt, 1st. Polle was arrested by State Police in Bethany.

David J. Zauner, 50, of Darien Center, is charged with grand larceny, 3rd, falsifying business records, and filing a false instrument. Zauner was arrested by State Police. No further details released.

Benito Hernandez-Vega, 37, of Le Roy, is charged with felony driving under the influence of drugs, felony aggravated DWI with a child in the vehicle, and endangering the welfare of a child. Hernandez-Vega was stopped at 1:14 p.m. Wednesday on Route 5 in Stafford by State Police.

Red Wings CEO says organization shocked and surprised by comments about their management of the Muckdogs

By Howard B. Owens

The president and CEO of the Rochester Red Wings, the organization that ran the Batavia Muckdogs operations for the past 10 years, has no reason to believe the playing conditions of the field at Dwyer Stadium are poor.

She also disputes the implication that team management left things at Dwyer in a way that would make it hard for new management to take over operations.

Naomi Silver also said any equipment or furniture removed from the stadium by Red Wings staff was equipment or furniture purchased and owned by the Red Wings. The staff inventoried everything that was removed so that whoever took over operations, if anybody, knew what needed to be replaced.

Silver spoke with The Batavian this afternoon to offer a response to remarks by the team's new general manager, Dave Chase, published yesterday.

Chase portrayed a situation at Dwyer where the field wasn't up to professional standards; the clubhouse and office were filled with junk and trash and nothing workable; and that previous management hadn't run the organization in a professional manner.

Silver defended her staff and said the field was up to Major League standards, which Chase said wasn't level and that the pitcher's rubber mat didn't align with home plate.

"Major League Baseball, just last year, came and did an audit and they found zero wrong with the field," Silver said. "That's really kind of an unusual situation where they wouldn't find something wrong and they found nothing. That was just last season. When they came in August they said everything was fine."

Whereas Chase was seemingly critical of the team's former groundskeeper, Don Rock, Silver praised Rock and said she would hire him again in Batavia if it was her decision.

She also praised former General Manager Travis Sick, who is now working for the Red Wings in Rochester.

"Don Rock was a phenomenal employee of ours," Silver said. "He and Travis made that operation work. He was a hard worker. He was there day in and day out and I can't criticize him for anything. I don't want to see him take any of the criticism there. It wouldn't be fair to him or to Travis."

About Sick, she said, "Our general manager did an excellent job and he worked hard at it and he worked long hours. He did what I would call a very, very good job."

When the Red Wings were vacating Dwyer Stadium, Silver said, the Red Wings didn't think there would be another season of professional baseball in Batavia, but nevertheless retained the paperwork any future operator would need, such as advertising contracts, the list of season ticket holders, and payroll information, so the new operator could know the team's salary structure.

All of that was shared with Chase, she said.

"We have done everything we can to cooperate," Silver said. "We've answered every question they've had. We want them to succeed."

She said Red Wings staff met with Chase just yesterday morning to ensure he had the information he needed about operations.

She expressed surprise and disappointment at the comments Chase made to local media about how the Muckdogs had been run in recent years.

"We were shocked to read his comments, frankly," Silver said. "We have in good faith put our souls into the operation in Batavia. We cared about it and we cared about its success. We wouldn't have done it if we didn't care. We felt we ran the operation in a way that we can walk away and feel proud of what we did for baseball in Batavia."

She added at the end of the conversation, "It was disappointing to read those comments. We never said a disparaging word coming into the operation or leaving the operation. I was surprised there were disparaging comments about us."

Electrical problem in truck apparent cause of fire next to house in Le Roy

By Howard B. Owens

An apparent short in a fuse box caused a truck fire this afternoon at 9380 Route 19, Le Roy.

Le Roy fire responded at 2:05 p.m.

Because the fire was so close to a residential structure, and with a little wind today, 1st Assistant Chief Tom Wood had Pavilion fire stand by in quarters until his firefighters extinguished the blaze.

Wood said the residents were trying to jump-start the truck after it had been sitting for a couple of days and they noticed smoke coming from the fuse box. They went inside to call the dealer and short time later looked out a window and saw flames, so at this point, Wood said, the cause of the fire appears to be electrical.

Photos and video submitted by Russ Hopfer.

Batavia Muckdogs new GM shocked by poor condition of Dwyer Stadium

By Howard B. Owens

It has occurred to Dave Chase that when he agreed to become the new general manager of the Batavia Muckdogs after the New York-Penn League took over ownership of the venerable franchise, the situation at Dwyer Stadium is much worse than he anticipated.

Maybe, he thought, this isn't the right job at the right time.

“I have my moments when I wonder, 'is this the mission or not?' " Chase said during a tour for the media yesterday of the stadium. "The fans, the people I’ve talked to, have convinced me, it is an important mission. The fact is, I have 40 years, Brenden has 18 years, the ongoing theme is, we’re going to give this our best shot.”

Brenden is Brendan Kelly, who is experienced in baseball operations, including a nearly eight-year stint with the Buffalo Bisons, and whose wife is a schoolteacher in Batavia. He's the new assistant general manager for the Muckdogs, one of three recent full-time hires by Chase, who has had to rebuild the Muckdogs' staff after the Rochester Red Wings lost its contract to run the team.

The new management team comes into a situation that has them scrambling to get ready for the season, which opens June 18. The office was stripped of all useful equipment and furniture and what Chase first walked into was an office and clubhouses filled with broken chairs, tables, miscellaneous junk, no ticketing system, and disconnected phone lines.

"I’m blown away by how filthy it was," Chase said. There was trash everywhere, a lot of broken things. We discovered that if it has a plug on it and it’s still here, it’s broken."

The city has painted the offices and clubhouse and put down new carpet -- part of anticipated maintenance for Dwyer and included in the city's budget -- but everything else is up to the league to handle.

"It’s a good thing we open on June 18 instead of April 6, that’s for sure," Chase said.

The Batavian has received calls and emails over the past week or so from fans trying to find out when they can buy tickets. With the phone disconnected, they can't get through to the office; and the website, run by Minor League Baseball, hasn't been updated.  

Chase is still putting together the promotional calendar (firework nights will be on Saturdays this season, meaning eight shows, which Chase says is in response to fan feedback) and he's still looking for a sponsor for pocket calendars. He may need to get those printed without a sponsor, he said.

It's really only been the past four days that Muckdogs' office has been staffed but there has been a steady stream of fans coming in, Chase said. He said fans will need to be patient while staff gets operations reestablished.

"I say we’re starting (baseball operations) at zero and we started six months late," Chase said. "Someone else said, ‘you’re not starting at zero. You’re starting at minus three and six months late.’ So people need to be patient. If they want the same old routine, disorganized unprofessional approach, we could probably do that today, but we’re going to bring in better standards and a more professional approach to what we do and that takes time.”

Chase said he's received a lot of fan feedback that they were dissatisfied with the baseball experience at Dwyer, that things seemed disorganized and not focused on the in-game experience. That will change this season, Chase said.

“I want to change the mentality of the ballpark," Chase said. "When those gates open on June 18 at six o’clock, Brenden and I are going to be at the gate. When the game is over on the 18th, we’re going to be at the gate. I got a lot of complaints that in-game presentation was sloppy; (they) weren’t paying attention — there’s got to be a professional attitude and that’s what we’re going to bring here. I don’t think it’s been here in 10 or 20 years, by the way.”

Muckdogs staff probably won't be able to sell tickets until the beginning of May but the new, lower season ticket price is only $175 if paid before June 1.

That's the fan experience, but Chase also needs to be concerned about the player experience, and player safety, and the quality of the game the young professionals who walk onto the Dwyer field are able to perform.

As bad as things are on the operations side of Dwyer, the field is perhaps even worse, Chase said.

The pitcher's rubber and home plate are not aligned. If a pitcher used the rubber as a guide, a properly thrown pitch would zip five feet behind the back of a left-handed hitter. 

Second base is aligned with neither the rubber nor home plate.

The grass in front of the pitcher's mound was repaired before last season but the repair didn't take because it was right before opening day, according to Chase.

The infield isn't level -- the visual evidence during our tour is the large puddles of water on the first base side, and a person standing in the outfield can see a small rise in the dirt to the left of second base.

The lip of the back of the infield, where the grass meets the dirt, is higher than it should be, and the entire back of the infield slopes down into the outfield at an elevation of more than nine inches in places.

That just isn't acceptable on a professional field, Chase said. 

The outfield looks flat from the stands but when you stand on it, the small dips and raises in the sod are clearly visible. The grass itself is not suitable for baseball.

"It’s like walking on golf balls," Chase said. "Right now, if you were to hit a ball on this field, if it wasn’t muddy, if it wasn’t soft, you’re probably going to get it in the chops, and the whole outfield is that way."

Longtime groundskeeper Don Rock, who has publicly lobbied for his old job back after the league took over ownership, and has received fan support, won't be coming back, Chase said. He acknowledged that Rock was probably not given the proper equipment to do the job but said the league needs to bring in a grounds crew with more knowledge and experience.

The league and a consultant are assisting in the search for a new head groundskeeper.

As soon as the field is dry enough and when it looks like there will be at least a 10-day period of dry enough weather, work will begin to fix all the problems with the field, Chase said.

The infield dirt will be replaced with same dirt used at Marlins Park in Miami (the parent club of the Muckdogs). The lip will either be lowered or extended to make it level with the outfield. And the pitcher's rubber and second base will be aligned with home plate. The city is going to roll the outfield and the grass will be overseeded, which hopefully with make fielding groundballs a little less treacherous.

Sponsorship signage in the outfield, Chase also revealed, will be brought up to modern Minor League park standards.

Part of the city's scheduled maintenance for Dwyer has been the replacement of the roof of the front of the stadium and fixing the outfield scoreboard.

Although one problem for Chase with the scoreboard is there's no longer a computer with the proper software in the Wayne Fuller Press Box to run it. That's just one more thing he will need to figure out before opening day.

Chase just returned from a four-day meeting of NYPL executives, which was his chance to update them on the situation in Batavia.

"My mission there was really to get them to understand what’s going on here," Chase said. "For them, for everybody, it’s a weird situation, that the league owns the team. So when I tell them, ‘I have nothing.’ I don’t have a tape dispenser. I don’t have a stapler. I have nothing. I didn’t have a desk until a couple of days ago. They didn’t understand what is going on, so I was trying to get them up to speed, and then the punchline is, ‘I’m spending your money.’ They don’t like to hear that.”

For all the troubles that need attention at Dwyer, Chase said it's the response of the fans that make it all worthwhile.

"The community has been fantastic," Chase said. "The people that I’ve met are very nice. They’re cordial and they express an excitement about baseball. A lot of them have told me they’re relieved to know baseball is back. From that point of view, it’s great. The condition of the facility is shocking."

Collaborative effort turning hog pens into bike racks for Downtown Batavia

By Howard B. Owens

About a year ago, after Brooks Hawley moved into a family home in the Town of Batavia, with the help of Brian Kemp, Kemp asked if there was anything on the old farm that might be suitable as bike racks for Downtown Batavia.

Two weeks later, Hawley showed up at Kemp's shop with four hog farrowing pens in his pickup truck.

Kemp, co-owner of T-Shirts Etc., is an artist who specializes in turning found objects into art and he thought the pens just might work.

Kemp started talking to anybody he could about helping out with the project. He knew he needed people who could work with metal and weld and had the equipment to do it.

"As with all of my projects, mention it to enough people and sure enough, someone will bite," Kemp said.

One day, Tim Gleba, a machine shop instructor at Batavia CTE (BOCES) came into Kemp's shop to pick monogrammed shirts and Kemp told him about the bike rack project.

Gleba immediately saw the potential for the school to get involved, so for the past several weeks, students in four different programs have been converting the pens into bike racks to be placed around downtown Batavia.

The project brings together students from the machine shop, welding, auto body, and conservation.

James Roggow, a student from Byron-Bergen, designed and fabricated finials to cap the bench arms, and other students are fabricating other parts for the racks and bench, including filigree end pieces for the bench (only one of the racks will have a park bench attached); welding is putting the pieces together; auto body students will paint the metal; and the conservation students logged a tree and made planks from it for the bench seat and back.

Auto body instructor Jeff Fronk saw the project as a perfect community contribution for his students.

"I thought it was cool," Fronk said. "These are going to be around the city for a long time. When these guys become young adults and have families of their own they can say, you know what, I did that. We did that in our class."

Fronk said he's really into color and what colors mean. He said he's always associated the color blue with Batavia, so the benches, he said, will be painted in a metallic blue that fades into a metallic orange.  Blue, because it symbolizes peace, harmony and unity, and orange because it symbolizes balance and warmth.

Kemp said he's looking forward to seeing the bike racks installed Downtown.

"I’m excited to see the progress of this project, along with the amount of collaboration it has taken to pull this together," Kemp said. "We are blessed to live in a community like this."

Graham Manufacturing is also assisting with the project.

Top photo: Three of the machine shop students who worked on the project with the first bench that is near completion, Arden Schadt, left, Evan Bartz, and James Roggow.

Below, one of the finials for the bench and a picture of the design on a computer.

This is what the pen looked like when it arrived at the machine shop (photo courtesy Tim Gleba).

Students in auto body class learning to do more than just paint and sand

By Howard B. Owens

The point -- at least at first glance -- of the auto body shop at Batavia CTE (BOCES) is for students to learn how to repair dings and dents and apply primer and paint to fenders and doors.

On a short tour today, Instructor Jeff Fronk told The Batavian that the kids in his class learn more than just restoration and bodywork.

"I tell my kids in here that we are fix it, men and women," Fronk said. "What I mean by that is we can fix everything but a broken heart and a cobweb. We fix everything teachers and our customers bring to us. You name it, we've fixed it. It's more than just cars -- furniture, metal trade stuff, clear coating, we do fix it all."

Members of the class present today pose (top photo) with a 1953 Mercury owned by a Batavia resident who started the restoration project but then brought it to Jeff and his students when he needed more help. The class is pretty proud of the project, which is near completion.

Below, a photo of Fronk with a mailbox painted by a student.

Fronk loves colors and he loves painting stuff.

"Everything in the world is painted, right?" he said.

In another picture below, a student buffs a go-kart body with a Corvette design. Fronk said the body was rescued from a dumpster and was cracked and broken. He challenged the students to turn it into something special, something they could be proud of when they were done. Besides a shiny paint job, the colors of body change depending on what angle you view it from. He's already obtained another banged up go-kart body for the next group of seniors who come through the class.

Here is a list of students in the class. They all participated in the Mercury project. Not all were available today for the picture at the top of the story.

  • John Achatz – Attica
  • Adrien Anderson – Oakfield-Alabama
  • Taigon Baker – Batavia City (absent)
  • Arin Bannister – Attica
  • David Boyce – Pembroke
  • Hannah Cathcart – Batavia City
  • Nathan Hamilton – Batavia City
  • Jarod Kates – Attica
  • Jeremy Kimanski -- Le Roy
  • Trinity Liles – Batavia City (absent)
  • Damin Rautenstrauch – Attica
  • Connor Tracy-Graybeal – Attica
  • Alyssa Virgilio – Batavia City
  • Dylan Walker -- Adult

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