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That’s part of the message shared by Lynda Battaglia, Genesee County director of Mental Health & Community Services, in a phone interview with The Batavian.

“As a result of the pandemic, I think the mental health field has been recognized as essential. It's definitely received more recognition now than it ever has, and it's unfortunate that it took a pandemic to have that happen,” said Battaglia (photo above).

While there has been a renewed focus on mental health, substance use disorder, social services and developmental disabilities over the past two years, a by-product of that is the difficulty in finding qualified professionals to serve those in need.

According to information from LeaderStat, a national staffing agency for healthcare organizations, “The shortage of mental health care professionals coupled with the increased demand for services has led to a grim situation for many patients and providers, and there is no quick fix on the horizon.”

Projections by the Health Resources and Services Administration indicate the United States will need to add 10,000 providers by 2025 to close “the increasing divide” and more than half, over 24 million, of persons dealing with a mental health condition are going untreated and one in five adults seeking treatment is finding his or her needs unmet.

Battaglia said she is feeling a similar crunch in Genesee County as her department currently is not taking any new clients because she has five openings on her counseling staff.

“It's the times that we're in right now,” she said. “I do foresee things getting better. We are not currently taking brand new clients, but our Open Access (crisis walk-in) has remained open throughout the pandemic and remains open today.”

She said Genesee County Mental Health is at a “triaging stage” now.

“We’re taking individuals who are high need or high risk. We're really trying to triage people that call -- individuals that are being discharged from the hospital,” she advised.

Officials at other human services agencies, such as Genesee/Orleans Council on Alcoholism and Substance Abuse, also are reporting numerous job openings – from nurses to counselors to support staff.

Battaglia said she is hoping the staffing situation will get better in May and June “when we will get some clinical people who graduate with their master's in mental health counseling or social work who want to work here.”

“We do have a couple of prospective individuals who are looking to work here and have to go through that hiring process that we have here,” she said.

Currently, each of the dozen or so professionals employed at GCMH have a caseload of 90 to 110 patients.

“That’s high,” she said. “That’s not ideal, but that's what we have to work with. Our supervisors are working at high capacity and high caseloads in addition to providing supervision to staff. And that's not isolated to Genesee County Mental Health. That’s a trend across the state in regard to caseload capacity and (job) vacancies. So, my counterparts are feeling that, too.”

What that does is place additional stress on the counselors, Battaglia said.

“I have to applaud my staff. Their dedication and their resiliency and their ability to do this every day because the work in and of itself, can be challenging on a person in the field,” she said. “And then you couple that with a multitude of additional stressors -- family and all the hats that you wear and trying to put more individuals on your caseload and providing the services that you want to provide.”

Battaglia mentioned the mental health field carries a high rate of burnout.

“Self-care is essential to try to prevent burnout. There’s a lot of things that can help staff with burnout. But isolating during the pandemic was not helpful,” she explained.

“Now, with things opening up (from the COVID-19 restrictions), I can feel a shift in energy here with just more people being able to talk with one another. We still have to wear masks here, because we're considered a healthcare setting, but just the shift in energy of things being more open.”

Genesee County is advertising for positions in the department on its website and also on the Indeed worldwide employment site.

“We did two job fairs -- two virtual job fairs at two different points during the year and we had zero candidates,” she said. “That just speaks to kind of where we are in the times right now with a lot of things virtual. And there are some things like a job fair that's really challenging to do virtually.”

Nancy L. Lawrence, 69, of Batavia, is charged with soliciting alms on a public street or public place. Lawrence is accused of soliciting alms in the parking lot of a business on Ellicott Street at 12:30 p.m., March 18.  She was issued an appearance ticket.

Kiha S. McNear, 24, of Batavia, is charged with criminal possession of a controlled substance 3rd. McNear was arrested following an investigation that began with a traffic stop by a Batavia patrol officer at 4:18 a.m., March 17. McNear was allegedly found in possession of an illegal substance. McNear was arraigned in City Court and ordered held without bail.

Adam E. Bortle, 38, of Wayland, was arrested on a warrant. He was arraigned and released.

NaQuan J. Shepard, 22, of Batavia, is charged with harassment 2nd. Shepard was allegedly involved in a disturbance in an apartment complex on North Spruce Street, Batavia, at 11:22 p.m., March 23.  Shepard is accused of throwing a cardboard box at another person. Shepard was issued an appearance ticket.

Curtis Williams, 55, of Batavia, is charged with grand larceny 4th. Williams is accused of stealing more than $1,000 from his employer on Ellicott Avenue over a period of time. He was issued an appearance ticket.

Erik R. Motquin, 29, of Batavia, is charged with petit larceny. Motquin is accused of trying to leave a store on West Main Street, Batavia, with $316.03 in merchandise without paying for it. He was issued an appearance ticket.

Joshua Leneir, 35, of West State Street, Albion, is charged with criminal contempt 2nd. Leneir is accused of violating a complete stay-away order at 3:36 p.m., March 17, at a location on Lent Avenue, Le Roy. He was ordered to appear in Town of Le Roy Court on April 5.

Garrett Berntsen, 25, of Stewart Street, Rochester, was arrested on a warrant in Rochester and brought before the Town of Le Roy Court to answer to charges of criminal possession of a firearm and criminal possession of the stolen property. He was released under supervision. 

Kasondra Lynn Hubbard, 36, of Myrtle Street, Le Roy, is charged with endangering the welfare of a child. Hubbard is accused of endangering the welfare of a child during a disturbance at a residence on Myrtle Street, Le Roy, at 8:11 p.m., March 24. Hubbard was ordered to appear in Town of Le Roy Court on April 21.

Earl Benson, 33, of Lyan Road, Byron, is charged with DWI, unlicensed operation, aggravated unlicensed operation, no distinctive plate, consumption of alcohol in a motor vehicle, and refusal to submit to a breath test. Benson was stopped at 9:23 p.m., March 25, on Bank Street, Le Roy, by Officer John Ceneviva. He was issued traffic tickets.

Francesca G. Pieter, 21, of Batavia, is charged with petit larceny. Peter is accused of stealing something at 4:23 p.m., March 27, at a location in the Town of Batavia. An 18-year-old from Batavia whose name was not released was also arrested. Both suspects were issued appearance tickets. The State Police did not release additional information.

Paul Jerge was born blind, but that hasn’t altered his perspective. 

Although he is visually impaired, the 69-year-old enjoys spending time with family, rooting for the Buffalo Bills and checking out the latest news from his local paper. He just sees in a different way, he says. 

“I follow sports, but I like to read the actual articles, and watch games on TV. I consider it reading … I always say ‘watch’ because that’s what everyone else is doing,” Jerge said to The Batavian. “I’m listening to something all day.  I like to support it. The volunteers give of their time and I really appreciate that.”

In the last few months, Jerge, a 1972 graduate of the State School for the Blind in Batavia, has added the Niagara Frontier Radio Reading Service to his repertoire as a way to enhance his pool of printed materials. He does everything on his smartphone, including connecting to the online reading service for some news, podcasts, magazine or book recitations.  

Niagara Frontier Radio Reading Service has “given voice to the printed word” since 1987. The nonprofit supplies 100 volunteer readers — a number expected to keep growing — for several areas throughout Western New York. Staff is planning to expand into the Southern Tier and small cities including Batavia, Mark Robinson said. 

A former executive director for other agencies in the Buffalo area, Robinson wanted t to slow down a bit, he said. He discovered the radio reading organization two months ago. 

“I really wanted to be part of this; it really is amazing,” he said. “We’ll have boots on the ground in Genesee County very soon.”

There are 150,000 potential listeners that are not able to access the service in this area, he said. So far, the service has covered western regions, including Erie County. There are 500 receivers (provided free of charge) out in those communities for listeners, while the online listeners are a majority of the service’s consumer base, he said. There are apps for smartphones, an online website and access through other devices, including Amazon Echo and Google Home. 

People just like Paul Jerge can access a world of printed materials with just a click or a voice command on a smart device. Within a 24-hour daily schedule, volunteers read the news, perhaps something from the Wall Street Journal, USA Today, a best-selling book, the Buffalo Bills Digest and from several other sources. One the most popular readings isn’t an article at all, Robinson said. 

“They like the Sunday shopping ads,” he said. “They could be disabled veterans, were born blind, lost their sight due to disease or injury. Anybody can access it; as of two years ago, anyone in the world can. We’re working on expanding the service into Rochester and the Genesee Valley.”

Although anyone can access and listen, volunteers are still vital to the program, he said. They are needed to read the news that is local to the area in addition to those John Grisham novels and the like. 

Robert Sikorski, a Buffalo lawyer, founded the organization in March 1987. Thanks to a federal law on the books allowing printed materials to be read for the purpose of enriching the lives of the blind or sight-impaired without copyright infringements, the reading service just surpassed its 35 year anniversary. It now boasts having tallied more than 250,000 hours of reading.

Many volunteers read without leaving their homes, or it can be done at the service’s home base studio in Cheektowaga. All that’s required, Robinson said, is to read out loud and a desire to help. Reading usually takes a couple of hours per week. The service is funded by grants and donations, and listeners have often become strong financial supporters as well, he said.

Robinson is seeking people interested in forming a committee in Genesee County. For more information about that or obtaining a free reading radio, becoming a volunteer and/or donor, go to: www.nfradioreading.org or call (716) 821-5555.

New York State’s high school drop-out rate has declined in recent years, to an all-time low of 5.6 percent, USAfacts.org says.

Still, nobody wants to see students drop out, even if it’s only one or two, as is the case at Oakfield-Alabama Central, Superintendent John Fisgus said during the district’s recent board meeting.

“We hate losing these kids at the last minute. They usually drop out by 17, as a junior, and they only have one year to go,” he said. “We want to see these kids leave with a high school diploma.”

He consulted with other school districts, including Batavia City Schools and Pembroke Central, about setting a legal drop-out requirement to age 17 for Oakfield-Alabama’s district, which has a legal age of 16 currently. The feedback from both schools led him to his proposal to the board: raise the legal drop-out age to 17.

“There were no negatives,” Fisgus said. “The board has the right to make it 17.”

A board member asked how many students this change would affect, and the answer was “maybe one or two.” But, according to the American Psychological Association, dropouts face “extremely bleak economic and social prospects” from not having a high school diploma. National statistics from 2012 showed more than 1 million high school students not graduating and earning that prized diploma. 

Those dropouts, compared to high school grads, are also less likely to find a job and earn a living wage, APA.org stated. 

“Poverty and dropouts are inextricably connected in the three primary settings affecting healthy child and adolescent development: families, schools and communities,” it stated.

Batavia City Schools not only has the higher age limit but also recently touted a 96 percent graduation rate and various educational and career-related activities being offered to upper-level high school students. Pembroke’s graduation rate is 92 percent, and both are higher than the state’s average of 86 percent. August 2021 data reported Oakfield-Alabama’s rate to be 86 percent. 

The remaining districts in Genesee County include Alexander Central, at 95 percent; Byron-Bergen at 98 percent; Elba at 80 percent; Le Roy at 90 percent; and Pavilion at 83 percent.

Lake Shore High School in Erie County made a move similar to Oakfield-Alabama in 2020, citing an 11 percent dropout rate. The school board adopted a new policy that would force students to remain in school until the end of the year in which they turn 17. The only exception is if they have a full-time job.

New York State law was revised in 2019 to extend the option, initially open to larger cities such as Buffalo and New York City, to rural and suburban districts. State law also exempts students who have full-time jobs.

Should Oakfield-Alabama’s board approve this policy change — something that “affects students and families to this extent” — families would be notified through ParentSquare, the district’s communication platform, Fisgus said. 

Board votes can take a while, however, since the group is entitled to up to three readings of a policy before taking a vote. This particular policy change has an expected timeline of approval in April, he said.

“We discussed it as an administrative team, and I am in full support of such a change moving forward,” he said.

Melvin A. Huntley is indicted on four counts of sexual abuse in the first degree, a Class D violent felony, two counts of rape in the first degree, a Class Class B violent felony, four counts of rape in the third degree, a Class E felony, one count of endangering the welfare of a child, a Class A misdemeanor, three counts of predatory sexual assault against a child,a Class A-II felony, four counts of course of sexual conduct against a child in the second degree, a Class D felony, three counts of sexual abuse in the first degree, a Class D violent felony, a count of rape in the second degree, a Class E felony, and three counts of sexual abuse in the first degree, a Class D violent felony. Huntley is accused of sexual contact by force twice in the summer of 2015. He is accused of sexual contact with another person by force in the winter of 2016. He is accused of sexual contact with another person by force in the summer of 2017.  He is accused of sexual intercourse with another person by force in the summer of 2017.  He is accused of sexual intercourse with another person by force in the summer of 2016.  He is accused of sexual intercourse twice, while being 21 or older, with a person less than 17 years old in the winter of 2016.  He is accused of acting in a way injurious to a child in the winter of 2016. He is accused of engaging in sexual intercourse with another person less than 13 years old by force in or about the year 2001. He is accused of being 18 years or older and committing rape in the first degree by engaging in sexual intercourse with a person less than 13 years old in or about the year 2012 through 2021. He is accused of engaging in two or more acts of sexual conduct, including at least one act of sexual intercourse, oral sexual contact, or anal sexual conduct, with a child less than 13 years old in the summer of 2013 through July of 2021. He is accused of sexual contact with another person less than 11 years old in the summer of 2013 and in September 2015.  He is accused of engaging in sexual intercourse, being 18 years old or older, with a person less than 15 years old, in June 2021. He is accused of sexual intercourse, being 18 or older, with a person less than 17 years old in June 2021. He is accused of subjecting a person less than 11 years old to sexual contact in June 2019 and in the summer of 2019 and in December 2020. He is accused of engaging in sexual intercourse with a person incapable of consent in June 2021.

Brennan M. Dean is indicted on a count of assault in the second degree, a Class D violent felony. Dean is accused of assaulting a Genesee County Jail corrections officer, contrary to penal law while being convicted of a crime and being incarcerated at a correction facility. 

Arthur J. Brown is indicted on a count of grand larceny in the fourth degree, a Class E felony. Brown is accused of stealing a debit card on Aug. 11 in the Town of Le Roy.

Wade J. Murray is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, strangulation in the second degree, a Class D violent felony, assault in the second degree, a Class D violent felony, and attempted assault in the second degree, a Class E felony.  Murray is accused of restraining a person in a manner that could cause serious injury on July 12 in the Town of Oakfield. He is accused of applying pressure to another person's neck with the intent to impede breathing or circulation of blood. He is accused of causing serious injury to another person with a dangerous instrument, a boot. He is accused of intending to cause serious physical injury to another person.

Update: March 26, 9 a.m. with comment from City Manager Rachel Tabelski:

Public safety takes center stage at Monday night’s City Council Conference Meeting with resolutions for an extension of the city’s School Resource Officer contract with the Batavia City School District and the creation of a temporary detective position on the agenda.

The meeting is scheduled for 7 o’clock at the City Hall Council Board Room.

City Manager Rachael Tabelski, in a memo dated March 18, is recommending that City Council continue the SRO program with the BCSD for two more years, through June 30, 2024. The current agreement is set to expire this June.

Per the memo:

• The city will provide a full-time Batavia Police Department officer to the school district, someone with “excellent communication skills, ability to relate to children and students, and planning skills.”

• The school district will reimburse the city for 100 percent of the officer’s salary and benefits, including overtime, for a work schedule that starts on the first day of the academic year through the final day of the academic year.

• The city will provide a vehicle, uniform, equipment and training for the SRO.

Officer Miah Stevens, a graduate of Pembroke High, Genesee Community College and Brockport State College, has served in that capacity since Feb. 2021.

As far as the detective post is concerned, Tabelski recommends creating the temporary job as part of the city’s succession planning, noting that a full-time detective is retiring soon.

“By promoting an existing City of Batavia police officer, we will ensure the new detective will have time to work alongside the other detective to learn the functions and responsibilities of the job and create a smooth transition,” she wrote.

Her memo indicates that the new position – tentatively to be hired after April 1 -- would add $15,000 to the police department’s expenditures budget and would be funded by the 2022-23 fiscal year operating budget.

"The detective position, if approved by City Council, would be filled through the Civil Service hiring process," Tabelski said.

In other developments, Council will be asked to approve:

• An agreement with the Genesee Country Farmers Market to operate on the former JC Penney parking lot off Bank Street on Tuesdays, Thursdays and Fridays from 9 a.m. to 4 p.m. from June 3 through Oct. 28;

• A request from the First Presbyterian Church of Batavia to conduct a Good Friday Blessing Service at noon on April 15 outside the City Centre on Main Street. Rev. Dr. Roula Alkhouri, pastor, stated that the prayer service will consist of a blessing for the community’s public servants and a blessing for Batavia and Genesee County

Press release:

More than ever, people struggling with substance use disorder need to know there are places they can go for immediate help – free of judgment and criminal implications. That’s why Genesee County’s Public Safety Assisted Addiction & Recovery Initiative locations are so important.

This month marks the second anniversary of the opening of the PAARI site at the City of Batavia Fire Department – a significant event as the department is the first from New York State to participate in PAARI and one of only a few fire companies in a network of more than 600 police and public safety agencies in 34 states.

“We wholeheartedly believe in the PAARI program,” said Fire Captain Greg Ireland (photo at right), “so much so that we’ve incorporated this program into the training and orientation of new firefighters coming out of the academy.”

Ireland said community members have come to the fire headquarters on Evans Street for support in recent months, just as others dealing with substance use disorder have reached out to the county’s other PAARI locations -- the Batavia City Police Department, Le Roy Police Department and Genesee County Sheriff’s Office.

He also said firefighters regularly give out the business cards and postcards featuring the “help hotline” phone numbers when they go out on emergency medical service calls.

“It's just another level of involvement that we can try to reach out to the community and offer them the help they may need and the resources that they're out there,” he said.

Funded by the Greater Rochester Health Foundation, the City of Batavia Fire Department renovated its foyer area for the PAARI program and opened to the public in March 2020. Due to the COVID-19 shutdown, however, the grand opening event that was scheduled for that spring had to be postponed.

An official launch took place on July 13, 2021 with more than 50 people – including Allie Hunter, PAARI’s executive director – in attendance.

“This month, we are celebrating two years of the Batavia Fire Department as a PAARI partner and a great resource to those that may be in need of services in our community,” said Christen Ferraro, coordinator of the GOW Opioid Task Force. “Throughout the pandemic, all locations continued to be open and available for our residents.”

Other Genesee locations include the Genesee County Sheriff Office, City of Batavia Police Department and Village of Le Roy Police Department.

PAARI provides support and resources to help law enforcement agencies nationwide create non-arrest pathways to treatment and recovery. Anyone in the community dealing with addiction issues can walk into these locations, any time of the day or night and receive help, without judgment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Photos by Howard Owens.

District Superintendent John Fisgus holds renderings of exterior building designs.

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

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

The remodeled elementary school cafeteria is ready for hungry youngsters.

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

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

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

The new Nurse's Office in the elementary school

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• The hiring of Don Hoover to the consolidated position of general manager of live racing and race secretary, effective June 1 through Dec. 31 at a monthly salary of $12,000. Hoover, who has worked at several tracks, including Saratoga and Vernon Downs, replaces Todd Haight, who retired as the live racing GM after 20 years in Batavia.

• A contract with Mark Lowe to serve as live racing consultant from April 1 through Dec. 31 at a rate of $3,500 per month.

• A change order in a contract with Edward Hulme, Inc., of Warsaw, which is building a new warehouse and cold storage facility on the property. The action approves spending an additional $17,000 to modify the sidewalk portion of the project. Wojtaszek said he expects the $1 million, 5,000-square-foot structure to be done in May.

• Contracts, with the total amount not to exceed $350,000, with several musical acts that will be performing at the 2022 Summer Concert Series at Batavia Downs. The series kicks off on June 17 with Tommy DeCarlo, current lead singer of Boston, and Rudy Cardenas, a Journey tribute vocalist.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The board members were duly impressed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The proclamation reads as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sheron said laws with more teeth need to be passed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Not only has interim director Shannon Maute been hired for the full-time permanent position of Batavia’s Business Improvement District, but she also plans to hit the ground running with a new event this year.

Get ready for a strolling accordion player, sweet and savory Mediterranean cuisine and lots of fun, Maute says.

“We’re looking at mid to late summer; it will be an outdoor event with a ‘Welcome to Italy’ sign, lights strung along the streets, and vendors at stands on the side of the road,” she said to The Batavian Tuesday. “So you’ll feel like you’re in New York City for an Italian fest … with pasta and meatballs, pastries, cannolis … and I see kids doing three-legged races and sack races in the parking lot, playing the games that we used to play as kids. I’m just looking to go back to a time when the community and families did everything together.”

Maute was appointed as interim director on Dec. 14, 2021, to fill the spot left vacant by former Director Beth Kemp. She was approved Tuesday during a BID board meeting. Board members and Maute opted to give the interim position a trial run before making it official.  

"It just happened," Maute said. “We both took our time, and we were both happy and so we went for it."

She also presented her vision of an Italian fest to replace the former BID Summer in the City event. It was an idea she came up with a few years ago, before COVID-19 hit and closed down most everything. The board really liked the idea, and a posting on Facebook reaped “a fantastic reaction,” she said, so she has formed a Promotions Committee to pursue it.

Her vision includes a large horseshoe-shaped layout of downtown that will be filled with food vendors, live music, children’s games and contests in an authentic display of Italian heritage similar to that of Octoberfest with its German flair, she said.

Maute and her husband Jay Steinbrenner are frequent visitors of New York City’s Italian fest, and she would like to bring that excitement and family-friendly activities to Batavia. With each of the couple being half-Italian and half-German, it has been a natural fit to be involved with Batavia's Octoberfest and now an Italian celebration. Her favorite Italian items are juicy meatballs and cannolis, though ravioli and manicotti also make the list, she said. There's also the potential economic impact of introducing the community to a vast amount of merchants, she said. 

“I would really like it to be where all businesses would benefit,” she said. “Any business in Batavia would participate so (the public) could enjoy the restaurants and stores we have here.”

Hardly a newcomer, Maute, a Batavia native and resident, has been involved in local events for years. She led the way with FeBREWary, BID’s first event of 2022, which sold 467 tickets. She saw “everyone was smiling and walking down Main Street,” and hopes to replicate that kind of positive happening later this year, she said.

Anyone interested in being on the Promotions Committee or attending a BID meeting is welcome to do so, she said. For more information, go to: http://Downtownbataviany.com

File Photo of Shannon Maute from February 2022 by Howard Owens.

Following a public hearing that turned into a “Q & A” with BW Solar Project Developer Dan Huntington, the ZBA voted unanimously to put the action on hold for 30 days. It made its decision at the request of Chair Michael Lathan, who said he had several questions for the town attorney.

Lathan said he expects the board to make a determination at its next meeting on April 18.

About 30 residents attended the hour and 45 minute session that became necessary since BW Solar’s site plan included setbacks (distances from residential and/or nonresidential property lines) that were less than stipulated in Stafford’s solar law.

The Woods own and operate a large farm (and also lease and farm adjoining land) and desire to use about 60 acres for the two side-by-side ground-mounted solar systems. One will cover 31.08 acres and the other will utilize 28.32 acres in a district near College Road zoned as Industrial Park, which the town has deemed appropriate for solar.

While the setbacks were the primary focus, town residents fired off queries on related subjects – most notably the Stafford solar ordinance, itself, as well as impacts to real property value, health, the environment and the rural nature of the town.

RESIDENT CITES SOLAR LAW

Diane Hawn, a Stafford resident for 24 years, read three times from the town’s ordinance on Solar Energy Facilities, asking if BW Solar has followed the letter of the law by establishing a $150,000 escrow account and maintaining umbrella insurance coverage of $10 million during the application process.

“If these haven’t been established, with that huge thing in 2018 (the drafting of the solar ordinance), how can this even be happening right now?” she asked.

Hawn went back and forth with Lathan and Huntington on whether these fees needed to be paid upfront, with the application fee, or if that was part of the next step in the process – after BW Solar was granted the variances it sought to proceed with the project.

Huntington, responding to a question about the escrow account, said he hasn’t encountered that in his other solar projects.

“A $150,000 escrow account controlled by the town, even in a decommissioning sense, has never been established where the town controls the escrow account,” he said. “I can’t say across New York State that’s not true, but in all of the projects that I’ve done … I’ve never seen something of that nature.”

Town Board member Ron Panek advised that the escrow account for solar mirrors the one set up for a Planned Unit Development (such as a senior housing complex or trailer park).

“Is it unusual?” he said. “No, it’s right in our other laws.”

IN DEFENSE OF SOLAR LAW

Panek said much effort and time (nearly two years) were put into the wording of the solar law, and, since then, the Town of Le Roy has used parts of the law and the Town of Alexander’s law “is word for word, identical (to Stafford’s).”

Hawn also quoted another section of the law where it states that Stafford’s Comprehensive Plan “desires to maintain the pastoral, rural nature of this region. An industrial solar energy facility is in conflict with the culture and character of the community.”

ZBA alternate member Tim Thomas noted that the Wood property is in an industrial zoned area.

“Somebody could come in and build a manufacturing facility,” he said. “There’s probably a variety of industrial-type complexes that could go there. So, I would just ask to keep that in mind as you’re looking at this. Solar complexes – solar farms – really don’t demand a lot of services in the town.”

Huntington has maintained all along – in dealings with the Genesee County Planning Board and Town of Stafford officials and attorney – that BW Solar has crafted a solar site plan that minimizes the negative effect on the couple of neighbors by moving it away from the road and placing the two systems next to each other to enable the Woods to farm more of their land.

“The Town Board can’t reasonably do all the work they have to do, if we can’t even decide where the footprint of this thing is going to lie,” he said.

“So, that’s why we’re at the variance part first – to determine you can build there, you can’t build there. Once we know that, then we can say, we’ll outline the footprint, if we have to alter these designs and resubmit them to the Town Board, and now we have a clear, defined footprint that we can review everything, without changes from there.”

CONCERN OVER REAL PROPERTY CLAUSE

The ZBA’s inability to grant a variance to the town’s solar ordinance real property value protection clause, as indicated by the town attorney, is cause for concern, Huntington acknowledged. The law states that the solar operator shall assure there will be no loss in property value for any property within 2,500 feet of the solar farm – a significant distance.

“To create some type of an agreement with every single one of those homeowners is something that I’ve never heard of in any project that I’ve been involved in in New York State,” he said. “On this specific project, there is actually only one homeowner that’s adjoining the property.”

He said having to enter into contracts with up to 100 property owners in that 2,500-foot radius “could quadruple the cost of the project,” adding that if it came down to that, BW Solar would be forced to “defend in court.”

Huntington said he “can sympathize” with the one resident next to the proposed solar farm (who was in attendance last night).

“He has a beautiful home across the street that does overlook a beautiful farm field – I can’t argue that fact,” he said. “I can sympathize with his concerns …

“The variances we are asking for to pull it away from the road on which he lives on – specifically the 200 feet down to zero and the eastern side, 200 feet to 100 feet, would actually bring the solar array away from the road in such a manner that would actually allow his view, at least 50 percent of it, to stay farm fields. If those variances aren’t granted, the only place we can bring the remainder of those panels, to follow the law, is up into that bend, which would eat up his entire view.”

He said he would work with the resident to ensure the screening was adequate, not only at the beginning of the project but down the road.

OTHER DISCUSSION TOPICS

Other points brought up during the meeting:

• On health hazards: Huntington said “studies have shown there are no health hazards associated with it when a solar farm is functioning properly, and maintained properly … and part of our duty is to make sure that a facility is operating at a high efficiency.” He added that a State Environmental Quality Review is required and BW Solar plans to notify agencies such as the Department of Environmental Conservation, Department of Transportation, Army Corps of Engineers and local governmental officials at the proper time.

• On employees needed to build and maintain the system: Huntington said it is likely that union electricians would be hired due to the high voltage and that he hoped that local residents would be hired for seasonal maintenance.

• On seeking tax abatements: Huntington said the company would seek a payment in lieu of taxes agreement with the Genesee County Economic Development Center. “It’s a pretty standard process for it, and it’s $6,000 per megawatt, which is split between the town, school district and county.”

INACCURACIES POINTED OUT

Lathan, at the outset, pointed out some inaccuracies in a notice placed in a local Pennysaver over the weekend – also calling out the person (or persons) responsible for the ad for not putting a name on it..

“We do not make amendments and we do not make laws,” he said. “We try to grant relief to residents on the law, that’s all we’re here to do.”

He also read where it said the request would be in “direct contradiction” to the Stafford zoning law.

“Almost every decision that that board makes is a contradiction to the zoning law," he said. "That’s why we try to grant relief.”

The ZBA chair also took exception to the notice’s charged that any change would show a “direct bias in favor of the company and a select few to benefit from this project.”

“I've had the privilege to be on this board for 14 years. We have never made a decision that was biased one way or the other. And I take offense to that, whoever put this in.”

Photo at top: Michael Lathan, left, ZBA chair, and Dan Huntington of BW Solar, talk following Monday night's public hearing. Photo at bottom: The session drew about 30 Stafford residents to the Town Hall. Photos by Mike Pettinella.

Previously: Planning board falls back on its purpose in decision to 'disapprove' Stafford solar project variance requests

Three years after taking a stand for First Amendment rights by requesting a transcript from Genesee County Family Court, The Batavian received vindication with a ruling that stated such information cannot be denied to the media company.

Stemming from a Family Court case in November 2019, the request was made after Howard Owens, publisher of The Batavian, was barred access to Genesee County Family Court. Attorney Thomas Burns, who represented a woman accused of hitting her child with an object, had filed a motion alleging that prosecuting attorney Durin Rogers had a conflict of interest because he was also a part-time City Court judge. Burns filed the motion claiming that as a City Court judge, Rogers would also be able to interact with other members of the county’s criminal justice system, and he should be disqualified from that particular case. 

Niagara County Family Court Judge Erin DeLabio barred Owens from access to the courtroom for the conflict of interest hearing, and also ruled against the request for a transcript of the hearing. She cited “confidentiality” concerns that outweighed The Batavian’s belief that the transcript was public information that should be accessible to the press. 

DeLabio’s decision was also partially due to her belief that Rogers had already been elected to the full-time City Court judge position and any potential conflict of interest would therefore have no bearing on the election. The election was not the basis for the initial motion filed by Burns, but, rather, the two roles served simultaneously by Rogers.

Owens and his legal team, led by Heather Murray, managing attorney for The Local Journalism Project at Cornell First Amendment Clinic, filed an appeal on that ruling in December 2020.

A final decision, issued by the Fourth Judicial Department of the Appellate Division on March 18, stated:

“To the extent that the court determined that the attorney disqualification hearing was no longer relevant because Rogers had already been elected to the full-time judgeship, we agree with appellant that the court improperly ignored both the continued importance of appellant’s role in reporting accusations of ethical violations or conflicts of interest on the part of a judge and the principle that, here, it was within the province of the appellant to determine whether the hearing on the disqualification motion remained newsworthy.”

“On the merits, appellant contends that the court violated its right to attend the disqualification hearing and that it is therefore entitled to a transcript of the hearing, the release of which, with appropriate redaction, would be consistent with Family Court Act § 166 … we agree.”

It was a determination expected by Owens based on his knowledge of the First Amendment and state law and assistance from Cornell University, he said. 

“When I was first excluded from the courtroom, I knew the law was on my side. This ruling affirms that all courts in New York are open to the public and can’t be closed to the public without a hearing and factual findings within the perimeters of the law. I knew from my initial research on our exclusion from the hearing that there isn’t much case law affirming this principle for Family Court, so this ruling is especially significant,” he said Saturday.

“The language of the law governing access to courts, including Family Court, is very clear and easy to understand.  It doesn’t surprise me that The Batavian prevailed with its appeal.

“It’s long been my belief that local journalists have an obligation to stand up for transparency in government and the right to public access to public business.  I’m grateful to the Cornell First Amendment Clinic for taking up this case. Mark Jackson and Heather Murray recognized the principles involved in this case and all of the students -- notably Ashley Stamegna -- who did the hard work of researching case law, writing briefs, and presenting arguments, were dedicated to the First Amendment issues at stake.

“One of the principles in this case that I’m glad the court recognized, is that journalists and not government officials, even judges, make editorial decisions and determine what is newsworthy.  When the presiding judge in this case ruled that the material we sought was no longer newsworthy as a reason for her denial of our request for a transcript, it was particularly galling.  It was important that such an egregiously reasoned ruling not be allowed to stand.

“The ruling is also significant because the justices were unequivocal in their reasoning.  There is no wiggle room in this ruling for judges in future courtrooms to close off access without ensuring they are properly following the law.

“It’s important to note, the law still gives Family Court judges great authority to protect the privacy of children in Family Court matters.  This ruling doesn't change that but it does emphasize that judges cannot arbitrarily exclude the public from proceedings.”  

The decision will remand the issue back to Genesee County Family Court to provide Owens with a copy of a redacted (blacking out items of confidentiality) transcript. That’s all he was asking for in the first place, Owens said.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case), so we were surprised and disappointed in DeLabio’s decision,” he had said at the time of appeal. “Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgments on what is newsworthy.”

We are thrilled by the complete victory for our client,” Cornell Law School First Amendment Clinic student Ashley Stamegna said. “Without judicial transparency, we cannot ensure that justice is being done in our courts of law. The Fourth Department’s opinion reaffirms the New York courts’ commitment to providing the transparency that both the law and the public requires. The opinion also clearly demonstrates that it is the province of local journalists—not the courts—to determine what content is newsworthy.” 

Stamegna argued on behalf of The Batavian at the Fourth Department. The Cornell First Amendment Clinic team at the appellate level included lead attorney Heather Murray, Mark Jackson, Jared Carter and students Timothy Birchfield and Christopher Johnson. Murray and Cortelyou Kenney argued at the lower court with summer fellow Samuel Aber assisting with the briefing.

File Photo: Taken of Niagara  County Judge Erin P. DeLabio in 2019 from outside Genesee County Family Court through the doorway window.

To read the full decision, click here (PDF)

Previously:

• Judge blocks press from covering conflict-of-interest motion
• The Batavian considers appeal after judge rules against request for transcript of Family Court motion

Batavia High School seniors are on the right path, Principal Paul Kesler says.

Kesler added a number along with his comment: 96. After having a graduation rate of 85 percent in 2011, fluctuating from 89 to 94 percent through 2020, seniors are at a 96 percent graduation rate, Kesler said. The increased percentage is proof that career initiatives and student attitudes are pushing kids on to greater success, he said.

“It’s a testimony of the work done in K through 12,” he said during this week’s board meeting. “We’re finding the right pathways.”

Some of those pathways include  early college opportunities with Genesee Community College and now Daemen College, which is new this year. Daemen hosted a cartooning class free of charge, with the school district paying for supplies. Students became engaged in the class, and it was a success in providing other possible avenues for them to pursue, he said.

A Leave to Learn program exposes students to various career possibilities, such as first responder, manufacturing, counseling and educational occupations. 

“Students are going to be able to select one of six buses, and on that date they’re going to have an opportunity to be with an adult and have an awesome work session,” he said.

The past two years have not only been frustrating for most, but have introduced socialization issues to district leaders, Kesler said. 

“It has caused us to realize that, not only as a district but as a nation, some of the focus needs to be on helping students be able to interact … our mental health is really important,” he said.

A post-graduation program — a Cornell University boot camp offered in collaboration with Genesee County Economic Development Center — will be available to seniors after they graduate. The camp is three days a week of concentrations in manufacturing jobs, Kesler said. Other improved partnerships include local dairy companies for hands-on learning and training, he said.

“We’re seeing more engagement of students,” he said, compared to when kids were remote due to COVID-19. 

May 2 will be “Decision Day” for graduating seniors to have the spotlight to announce their choices of college or career options. Fellow district students will be on hand to cheer them on, he said.