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Village of Elba's welcome sign cut down, stolen

By Howard B. Owens

The Village of Elba's welcome sign proudly proclaims, "Onion Capital of the World."

Somebody apparently thinks that would make a fine item to own for themselves.

Recently, somebody cut down and stole the sign.

Until about 2013, the sign is well known for its phrase, "POP: Just Right."  That was changed because it didn't seem welcoming to some people.

Mayor Norm Itjen asks that anyone with information contact the Genesee County Sheriff's office at (585) 345-3000 or the VIllage of Elba @ (585) 757-6889.

Photo by provided by Norm Itjen.

County committee supports transition from Continuing Day Treatment program to clinical mental health services

By Mike Pettinella

Societal and philosophical changes in mental health treatment are causing the expected closure of Genesee County Mental Health’s Continuing Day Treatment program, but department officials are providing assurances that no one in need of these services will “fall through the cracks.”

Bob Riccobono, director of clinical services, and Nancy Hendrickson, supervisor of the CDT, on Monday presented a resolution to the Genesee County Legislature’s Human Services Committee that calls for the elimination of CDT programming within the next few months.

Reinforced through research conducted by Lynda Battaglia, Mental Health & Community Services director, and supported by the county’s Community Services Board, Riccobono shared a brief history of CDT and some factors that entered into the decision to shift to more clinical and therapeutic outpatient programs.

“Back in the 1950s, clients were treated in hospitals, but then we developed medications to the point where clients could then be released and go back to the communities where they came from,” he said. “But the problem was that the communities that were receiving these mental health clients, they didn't have the resources available. So, the state was giving aid to all the counties to develop community mental health centers. And part of that was to create day treatment programs for the more severe mentally ill.”

He said these programs worked very well in tandem with community residences to house people with mental health issues.

SOCIAL ACTIVITIES CURTAILED

“When I started my career back in the early 90s, we did all kinds of programs with the clients. We did camping trips, ceramics, woodworking – all kinds of different things like that. Then the state came and starting telling us you can't do those kinds of programs; it had to be more rehab-oriented,” he explained.

Those restrictions, combined with a decline in referrals from state hospitals, led to a decrease in the day treatment program population, he said, and because of that, “the funding dried up.”

“(Previously) it was the day treatment programs that were carrying the clinic. Now it's the exact opposite -- the clinic is carrying the day treatment program,” Riccobono said. “It’s not anything that the day treatment program is doing; that’s just how the funding is allocated.”

Riccobono said the state changed its philosophy – advocating for mental health clients to be integrated into the community. As a result, community residences closed and clients were treated in apartment programs or at their own apartments. Today, GCMH is just one of 13 agencies in New York with a CDT and most of them are downstate.

When the COVID-19 pandemic hit in 2020 – making it more difficult to coordinate group settings – the handwriting was on the wall, he said.

“That was sort of the final nail in the coffin because the past two years we couldn't do the same kind of treatment we were doing before,” he said.

PANDEMIC HURT PROGRAMMING

The GCMH CDT program, prior to the pandemic, ran five days a week from 10 a.m. to 2:30 p.m., with clients coming in from one to five days, Hendrickson said.

“During that time, we were in group rooms where we sat very close to each other,” he said. “Clients milled around together in the hallways. When the pandemic happened, we had to maintain social distancing. And we are not able to accommodate it (very well) with social distancing in our buildings.”

Hendrickson said the state began reimbursing the department for daily phone calls made to clients, so the strategy changed to a combination of in-person and telephone sessions.

“Now, we have to talk to the clients in order to bill five days a week,” she said. “And groups are small. People can’t congregate in the hallways like they used to. We cannot serve lunch like we used to because of the lack of space and, primarily, the six foot distancing.”

Staffing is another issue, Riccobono said.

“The other thing that's going on is that I can’t hire clinical staff in the outpatient clinic. It’s that much harder to hire people to go into the day treatment program because most of them never heard of that,” he noted.

MOVING STAFF TO OUTPATIENT CLINIC

Going forward, the plan is to take four GCMH employees from the day treatment program and incorporate them into the outpatient clinic.

“So, most of your clients are going to remain with their therapist, and also be seeing the same psychiatrist that they're seeing in the day treatment program,” Riccobono said. “In addition to that, because we're going to have more staff available in the outpatient clinic, we're going to look at some different programs that we can do, such as an intensive outpatient program.”

He said a long-term approach hasn’t been finalized yet, but GCMH leaders are reaching out to other places that offer intensive outpatient services to see how they operate.

Legislator Gordon Dibble, who serves on the Community Services Board, said CDT “is just a program that seems like it just run its course.”

“And in the shutting down of the program, everything I’ve heard seems to be well thought out,” he said. “So, it's going to get done and get done right.”

Hendrickson said that no employee will lose their jobs. Two full-time therapists will move to the clinic with one of them assigned to develop the intensive outpatient program.

ALL CLIENTS WILL BE PLACED

Riccobono emphasized that the state Office of Mental Health will not allow GCMH to close the program until every client has been placed and is seeing a therapist.

“No one is going to fall through the cracks,” he said.

The Human Services Committee voted in favor of the resolution, which indicates a loss of about $174,000 in anticipated state aid for CDT services. It also notes that staff reallocation will allow existing personnel expenses to be offset by Medicaid, Medicare and third-party insurance.

The resolution will be considered by the Ways & Means Committee on Wednesday.

Richmond's first City Council meeting is a quick one; 2022-23 budget resolution is a step closer to passage

By Mike Pettinella

If the first Batavia City Council meeting for the newly-appointed Rich Richmond seemed like it went by in a flash, that’s because it did.

At the outset of tonight’s meeting at the City Hall Council Board Room, Richmond was sworn in by City Clerk Heidi Parker to replace Jeremy Karas, who resigned his Council member at large seat (photo at right).

And 22 minutes later, the meeting was over as Council (guided by Assistant City Manage Jill Wiedrick, who was filling in for City Manager Rachael Tabelski) zipped through a number of agenda items, moving them to the board’s next Business Meeting on March 14.

Richmond, the City Republican chair, had several family members in attendance, including wife, Cindy; sons, Joe and Michael; Michael’s wife, Marjorie; daughter, Amber; grandson, Greydon, and granddaughter, Morgan.

Resolutions to adopt the 2022-23 budget and water rates/meter fees topped the list. Both provisions were forwarded with little discussion after a pair of public hearings failed to attract any speakers.

Council now is prepared to pass a $29.7 million All-Funds budget -- $17.8 million of it in the General Fund – that carries a property tax rate of $8.94 per $1,000 of assessed value. The rate is a decrease of 78 cents from 2021-22.

Water rates and meter fees are scheduled to go up by 1.5 percent.

Other forwarded resolutions were as follows:

  • Contracting with HUNT E/A/S of Rochester for $99,317 for architectural and engineering services for the design of the City Centre/Mall $1 million Downtown Revitalization Initiative project.
  • Authorizing work and contracts in connection with the city’s Water Treatment Plant and Waste Water Treatment plant.
  • Accepting a $1 million grant for the Jackson Street water main project.
  • Accepting a $5,000 grant from the GO Art! Statewide Community Regrant Program to fund the “Community Garden in Bloom” seasonal mural initiative at the Community Garden on MacArthur Drive.

Conservative Party Endorses Three

In other news involving local government, the Genesee County Conservative Party tonight endorsed Richmond and City Council colleague Tammy Schmidt as well as Richard Tetrault, who serves on the Le Roy Village Board.

Previously: City manager recommends HUNT engineering firm to oversee $1 million City Centre/Mall project

'Community burden' approach helps lead to NYS changing COVID guidelines, lifting of mask mandate

By Mike Pettinella

Looking at the “community burden” rather than just the number of cases is a key part of the reason for New York State’s shift in COVID-19 masking requirements, according to the public health director for Genesee and Orleans counties.

Paul Pettit, appearing at the Genesee County Legislature’s Human Services Committee meeting this afternoon at the Old County Courthouse, updated legislators on some of the factors leading to Gov. Kathy Hochul’s decision to lift the statewide mask requirement in schools starting Wednesday.

“What they did is they started to look at community burden, which looks at not just the number of cases, but now also includes the severity – how it’s impacting our healthcare system and what kind of bed capacity that we have available in the region,” Pettit said. “Those things are now overlaid with the cases, which actually doubled per 100,000; they went from 100,000 to 200,000 for obtaining the high level status.”

He said that the new scenario provides “a better indication of what’s going on with COVID in the community; not just pure numbers.”

Pettit mentioned that the local health department has advocated for months that the state change the metrics by which regions are categorized – and now that has been done as well, moving from low, medium, substantial and high to low, medium and high.

“When they changed this on Friday, they looked at the map and immediately made probably two-thirds of the map go from substantial or high to medium because once you take community burden in place, it puts it at a whole different level,” he said.

Currently, Genesee County is in the medium category, he said, adding that the county’s monitoring of wastewater backs up the extent to which COVID-19 cases are declining.

As far as schools are concerned, Pettit said he has yet to receive official guidance from the state but expects all Genesee County schools to take the optional approach when it comes to wearing masks.

“We’ve been lobbying all year, before school even started, with moving forward with more of a local decision-making choice-based method with this,” he said. “Our schools are positioned – I haven’t talked to them all yet – but the indication is they’re all going to move forward with optional masking starting Wednesday.”

Pettit acknowledged that some students and staff will continue to wear masks.

“That’s their right if they want to do that and it’s their ability to do that,” he said. “We would definitely encourage it if they feel comfortable and they're concerned, that they continue to do that."

He said the health department has masks for all, including smaller ones for the elementary pupils, but, in general, he emphasized that he is happy to see “the shift in all of our schools starting on Wednesday.”

On related topics, Pettit reported:

  • The vaccination rate in Genesee County for those age 5 and older is 66.2 percent for one does and 61.5 percent for the completed series (not including a booster shot). Vaccines continue to be available through the health department and at local pharmacies.
  • There isn’t a strong demand for testing and, in fact, the health department has 15,000 test kits on hand – many coming in now from orders submitted weeks ago.
  • Discussion at the federal level has included development of a vaccine that combines COVID with other viral infections, such as the seasonal flu. Currently, a fourth shot is not being considered.
  • People, including students, who test positive for COVID should stay home for up to five days and wear masks for up to five days after that. Students who ride the bus are exempt from the federal transportation mandate, which means that masks aren’t required unless a student is coming off a positive case.

Law and Order: 'Rayzor' alerts on vehicle during traffic stop, two men arrested on drug charges

By Howard B. Owens

Garlyn Maurice Gause, 42, of Brookhaven Terrace, Rochester, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, insufficient turn signal, and consumption of alcohol in a motor vehicle. Gause was stopped at 2:11 a.m., Feb. 12, on East Main Street, Batavia, by Deputy Nicholas Charmoun. During the stop, K-9 "Rayzor" (handler Deputy James Stack) alerted on the possible presence of narcotics inside the vehicle. It's alleged that Gause was in possession of narcotics. He was released on an appearance ticket.

Jerry Tyrone Saddler, 45, of State Street, Batavia, is charged with criminal possession of a controlled substance 4th, tampering with physical evidence, criminal possession of a controlled substance, and obstructing governmental administration 2nd. Saddler was arrested in connection with a traffic stop at 2:12 a.m., Feb. 12, by Deputy Nicholas Charmoun, on East Main Street, Batavia. Saddler was a passenger in the vehicle. During the stop, K-9 "Rayzor" (handler Deputy James Stack) alerted on the possible presence of narcotics inside the vehicle. Saddler was allegedly attempted to conceal his possession of narcotics while being booked into the Genesee County Jail. He was arraigned in City Court and ordered held without bail.

Victoria L. Jacques, 52, of Batavia, is charged with endangering the welfare of a child and assault 3rd. Jacques was arrested in connection with an incident on Elm Street reported at 8:35 p.m., Feb. 20. Jacques was arraigned in City Court and released under supervision.

Jeremiah D. Williams, 30, of Batavia, is charged with two counts of criminal possession of a weapon 3rd. Williams is accused of possession of a fully automatic handgun on Aug. 17 at a location on Oak Street, Batavia, and of possessing a weapon with a prior felony conviction. He was jailed without bail.

Loretta L. Baer, 50, of Batavia, is charged with harassment 2nd. Baer is accused of charging a person and placing her hands around that person's neck while at UMMC at 3:36 a.m., Feb. 18. Baer was issued an appearance ticket.

Jeremiah T. Jones, 48, of Batavia, is charged with tampering with a witness 4th. Jones is accused of threatening a person who was testifying in a court proceeding. The alleged threat was reported at 1:40 p.m., Feb. 6.  Jones was released on his own recognizance.

Janell M. Sauer, 46, of Batavia, was arrested on a bench warrant. Sauer is accused of petit larceny on Jan. 16. Sauer was arraigned in City Court and released under supervision.

Melody J. McMaster, 51, of Batavia, is charged with criminal tampering 3rd. McMaster is accused of removing fire extinguishers from their designated locations at a business on State Street, Batavia, at 7:19 a.m., Feb. 17. McMaster was arraigned in City Court and released on her own recognizance.

Lyndsay T. Young, 38, of Batavia, is charged with conspiracy 6th. Young was arrested by State Police in connection with an incident reported at 6:11 p.m., Nov. 10, in the Town of Batavia. She was released on an appearance ticket. No further details released.

City manager recommends HUNT engineering firm to oversee $1 million City Centre/Mall project

By Mike Pettinella

The City of Batavia apparently has concluded its “hunt” for the right engineering firm to handle the City Centre/Mall rehabilitation project.

According to a memo to City Council dated Feb. 16, City Manager Rachael Tabelski is recommending that the city contracts with HUNT E/A/S of Rochester for architectural and engineering services for the design of the project’s improvements. The total cost of the contract is $99,317.

Tabelski wrote that three companies responded to the city’s Request for Proposals in connection with the $1 million Downtown Revitalization Initiative and that two were selected as finalists. From there, Tabelski met with a panel of city staff and Batavia Development Corp. members to make the final selection.

Per the memo, HUNT’s work includes the Commissary at Sibley Square, Wegmans Food Markets re-use project and the Regal Cinema Complex repurposing project.

“They bring together a team of professionals dedicated to drive the public rebirth of the Batavia City Center Mall and reestablishing Main Street as a destination,” Tabelski wrote. “The HUNT team in conjunction with Vargas Associates has a long-established reputation for the creation of adaptive reuse projects and involves customized unique approach.”

The topic is part of the agenda of Monday night’s City Council Conference Meeting, scheduled for 7 o’clock at the City Hall Council Board Room.

Other agenda items of note include:

  • Public hearings to adopt the 2022-23 city budget and to amend a local law to set new water rates, meter fees and a capital improvement fee. The $29,700,792 All-Funds budget ($17,853,892 general fund) calls for a tax levy of $5,986,000.  The property tax rate is $8.94 per $1,000 of assessed value – a 78-cent decrease from the 2021-22 rate. Water rates and meter fees will go up by 1.5 percent.
  • Four measures dealing with work at the Water Treatment Plant and Waste Water Treatment Plant:

(1) Issuing a bid package for a licensed construction firm to replace six filters at the Water Treatment Plant to improve efficiency and capacity of the plant’s water output;

(2) Following a bid process, award contracts to six companies to supply the various chemicals used at the facilities – quicklime, ferric sulfate, fluosilicic acid, carbon dioxide, liquid alum and liquid phosphate;

(3) Contracting with Ron Hutcheson, lowest bidder, for the harvesting of fat head minnows at the WWTP. Hutcheson has agreed to pay the city $27,000 in 2022, $28,000 in 2023 and $29,000 in 2024.

(4) Using $60,000 from the city’s sewer fund sludge reserve to conduct Maximum Allowable Headworks Loadings evaluation as part of the headworks, capacity analysis and financial planning study at the WWTP. The plan is to sample different pollutants at multiple points in the system, including the influent, effluent and lift stations, Tabelski said.

  • Acceptance of a $1 million Community Development Block Grant for the installation of 2,250 linear feet of 8-inch water main along Jackson Street and to commit $414,017 from the city’s water fund reserves to pay for the remaining cost of the project.
  • Acceptance of a $5,000 grant from the GO Art! Statewide Community Regrant Program to fund “Community Garden in Bloom,” the creation of a seasonal mural of multiple painted panels at the Community Garden on MacArthur Drive. The project is set to run from June through October.

Rochester man allegedly found with crack cocaine during traffic stop in Bergen

By Howard B. Owens
Marlon Hibbert

Following a traffic stop on Thursday, Deputy Kenneth Quackenbush had reason to believe "criminal activity was afoot" and requested backup, which came from the K-9 unit, Deputy James Stack and "Rayzor."

The team reportedly found in the vehicle, stopped at Route 33 and West Bergen Road in Bergen, a quantity of crack cocaine and a firearm.

Arrested at the scene was Marlon O. Hibbert, 35, of Rochester.  His passengers were released without charges.

Hibbert is charged with:

  • Criminal possession of a narcotic drug, a Class B felony;
  • Criminal possession of a narcotic drug with intent to sell, a Class B felony;
  • Criminal possession of a weapon 2nd, a Class C felony;
  • Aggravated unlicensed operation 3rd;
  • Unlicensed operator;
  • Failure to yield the right of way at a stop sign.

Hibbert was arraigned in Town of Bergen Court and ordered held on bail of $5,000 or $10,000 bond.

Assisting in the investigation were Sgt. Andrew Hale, Deputy Nate Chamound, members of the Local Drug Task Force, and the District Attorney's Office.

Lifelong Batavian eager to fill vacant City Council seat

By Mike Pettinella

A lifelong City of Batavia resident who says he only wants the best for the community is ready to fill the vacant seat on City Council.

“I am looking forward to this because I love the city,” Rich Richmond said this morning when asked about his selection by the City Republican Committee to replace Council member-at-large Jeremy Karas, who resigned at the end of January. “We’ve got good people living here.”

Richmond, 66, (photo at right), reported that he is expected to be appointed prior to Monday’s City Council Conference Meeting at 7 p.m. at the City Hall Council Board Room.

If that does happen, he would serve until an election in November and, if he wins in November, would serve out the remaining time in that term.

The City GOP chair, Richmond said a Republican committee of 24 people met earlier this week at the Old County Courthouse to interview three candidates and vote on Karas’ replacement.

“I recused myself from running that meeting,” he said. “The three of us were there to answer as many questions as the committee had.”

With his selection, Richmond said he would give up his position on the Genesee County Planning Board (he’s been a member of that committee for four years), but would continue on as City Republican chair.

“My experience on the planning board will be a plus, having dealt with zoning issues and related items, but I’ve got a lot of catching up to do regarding city codes,” he said “I am also familiar with budgets as a member of the Godfrey’s Pond board of directors.”

About eight years ago, Richmond ran for a Ward seat on City Council but lost by 11 votes.

Law and Order: Batavia man accused of issuing a bad check in Le Roy

By Howard B. Owens

Frank Baumgardner, 40, of Laurel Oak Way, Batavia, is charged with issuing a bad check. Baumgardner is accused of issuing a bad check at about noon, Jan. 5, at a location on Myrtle Street, Le Roy. The case was investigated by Le Roy Officer Stephen Cappotelli.

Johnny Gene Jenison, 51, of Clinton Street, Cowlesville, is charged with forcible touching. Jenison was wanted on a warrant issued out of Town of Batavia Court in relation to an incident reported on 10:09 p.m., July 22, at Fairbridge Inn & Suites, 4371 Federal Drive, Batavia. He was also charged with failure to report change of address.  Jenison was arraigned in Town of Batavia Court and released under supervision.

Klarissa Carol Price, 43, of Halstead Road, Batavia, is charged with trespass. Price was arrested on a warrant out of Town of Batavia Court in relation to an incident reported at 4 p.m., Sept. 28, at a location on West Main Street, Batavia. Price was released on her own recognizance. 

Chris John Bannister, 57, of Route 98, Attica, is charged with DWI, speeding, and criminal possession of a controlled substance 7th. Bannister was stopped at 1:57 a.m., Feb. 22, on Clinton Street Road, Stafford, by Sgt. Mathew Clor. Release status unknown.

Patricia A. Gibson, 32, of Pearl Street, Batavia, is charged with petit larceny. Gibson is accused of shoplifting from Walmart at 2:17 p.m., Feb. 22. She was issued an appearance ticket.

With costs lower than expected on capital project, Le Roy schools looking at three other non-glamorous tasks

By Howard B. Owens

A $12.1 million capital improvement project at Le Roy Central Schools is running under budget, and district officials are looking at adding three more tasks to the to-do list, Superintendent Merritt Holly told trustees at their meeting Tuesday night.

Officials will seek bids on:

  • Replacing heat pumps at Wolcott School and the Jr./Sr. high school;
  • Replacing curtains in the theaters at both schools; and, 
  • Replacing switchgear in the Lapp Building.

"So those are the three areas that we've kicked back to CPL (civil engineer firm in Rochester), to get a design in on those, so that again, if we have money left over, then we have designs set in place to get into SED (State Education Department) to get approval," Holly said.  "If you notice those fit in very close to what we went out with before, which was heating, cooling, and those type of items, not glamorous stuff that people are going to see but stuff that we know we need to run our buildings and protect our assets."

The curtains in the theaters have been in place since the theaters were constructed, Holly said. The immediate need is to spray them with fire retardant, but they've also reached the end of their useful life, he said. They're falling apart and should be replaced rather than just treated one more time.

Construction on many of the items in the capital improvement project will begin this spring. 

Among the items at Wolcott School:

  • Convert heating controls to electronic
  • Reconstruct the building's parapet
  • Replace the roof
  • Precast window and sill reconstruction
  • Replace exterior windows
  • Stair tread replacement

The construction will impact the Oatka Festival in July with construction equipment and fencing blocking some of the area used by the festival in past years for vendors.  Holly said he's met with Oatka organizers to go over options for a new site plan for the event.

COVID Update
Holly also gave the board an update on COVID testing and protocols.  

Beginning March 7, "test to stay" tests will be administered "right before school," Holly said.

Currently, tests are offered from 7 a.m. to 8:30 a.m each day.

We'll do it before school because numbers have dropped," Holly said. "If numbers come back up again, after break or whatever, we're prepared to go back (to testing) in the morning. But right now, we can handle everything that we need to just before school."

Recently, the district handed out 64 at-home tests to parents and community members. 

State Audit
Up to a half-dozen auditors from the NYS Comptrollers Office will be in Le Roy, or some working remotely, for an audit of the district.

The Comptrollers office routinely audits every government agency in the state.

"Just remember with an audit, they're not going to tell you the good things that are going on," Holly said. "It's going to be just things that obviously procedure-wise, it can be improved."

Officials have not provided the district with a precise date the audit will begin, but Holly said he expects the audit sometime in the spring, before the end of the school year.

"This is the first one I've had during my tenure here," Holly said.

Photo: Via Le Roy Central School District capital improvement project presentation.

New York State offers first bike census; participants will be entered into a drawing to win gift cards

By Mike Pettinella

The first New York State Bike Census has been developed and Genesee County certainly is going along for the ride.

County Planning Director Felipe Oltramari today said the state bicycle census – actually a survey that takes only a couple of minutes to complete – fits in well with the Genesee’s newly-adopted Recreation Plan.

“Our rec plan has a lot to say about this,” Oltramari said. “Community trails are a major recommendation of the plan (and the availability of trails is touched upon in the state census).”

Oltramari said that although the county did its own surveying through the Genesee 2050 project that created the Recreation Plan, the NYS Bike Census “will help bring those initiatives we identified up to the state level which should help when searching for funding opportunities.”

Here is the link to the state bike census:

https://nyserda.az1.qualtrics.com/jfe/form/SV_aaOKnyxZSgkskmi

Created through a partnership between the New York State Energy Research and Development Authority and Urban Cycling Solutions, the cycling census represents New York’s first statewide dataset on bicycle integration with mass transit.

The purpose of this short survey is to collect insights from cyclists and transit customers from all over the state to better understand opportunities and barriers for active first/last mile transportation.

Each participant will be entered to win one of three $150 Planet Bike gift cards as long as an email address is provided at the end of the survey.

Oltramari said county plans include expanding Ellicott Trail east and west, creating trailhead (parking/access) locations for this trail and adding connections/new corridors to form a trail network through the county.

Additionally, plans call for identifying appropriate town, county and state roads for paving of shoulders to facilitate recreational and multiuse purposes.

Per the Recreation Plan:

“In the absence of other trail facilities throughout the county, paved shoulders on the edge of certain Genesee County roadways can be enhanced to serve as safe and functional space for bicyclists and pedestrians to travel. Paving of road shoulders would be appropriate in more rural areas where there are few designated trails and expected pedestrian and bicycle activity. Walkable and bikeable shoulders could be provided along both sides of county roads routinely used by pedestrians.”

A labor of love to push downtown theater forward

By Joanne Beck

There’s a well-known tenet of business that you have to spend money to make money.

However, when a pandemic hits and stalls theater renovations and the ability to make money with shows, only half that rule is visible, says Pat Burk of Batavia Players.

“We already paid for a number of shows for this year’s season. When you buy the rights and royalties to a show, you’re never going to get that money back,” Burk said during an interview with The Batavian. “COVID slowed down the demolition. We were supposed to be in there; COVID stalled that for 20 months. We had to start spending money and create a season for 2022, without a home to do it in.”

Not to worry, he said. The theater group is gradually getting back on track with its new Main Street 56 Theater space at City Centre. Well-equipped with grants of $400,000 and just shy of $700,000 for construction, Batavia Players encountered that tired old COVID script of encountering supply chain issues — material shortages — coupled with the need to haul out several containers of equipment, medical records, conduit, and electrical supplies from a defunct medical office.

“They just walked out and left it all there,” he said. “We did nothing else but two weeks of electrical demolition.”

Some actors have left during the lull, and new ones have joined the theater, he said. Those purchases of show rights have left a dent in the theater’s piggy bank, and therefore Burk is appealing to the community for help. He sent out an email asking that individuals, groups, and businesses consider buying a program ad.

“Recent events have led us to have to raise $17,000 to $20,000 in order for us to continue our season in 2022, and to make our goals for our construction of the Main St. 56 Theater,” he said. “By placing a sponsorship ad in our program all year, you will be a huge help in making sure that the Batavia Players’ 90th year of performing continues.”

He is happy to announce a seven-show season that kicks off with Love’s Labour’s Lost March 4, 5, and 6 for a perennial Shakespeare in Springtime series. Six new actors have joined the cast, and “our actors, technicians, and Board of Directors are working hard” for a successful year of classics to full stage musicals, he said. 

Other shows from April to December include The Springtime Music Spectacular, Back on the Boards Again: The Best of Broadway, The Importance of Being Earnest, Peter Pan (Summer Youth Theater), Godspell, Uncle Vanya and Miracle on 34th Street, the Musical.

Deadline for program ads is March 1. For more information, go to: www.bataviaplayers.org

Top photo: Main St. 56 Theater's shop has been ready for patrons with lots of theater trinkets and memorabilia at the new City Centre location. Batavia Players is set to begin its 2022 season with Love's Labour's Lost the first weekend in March. Photo by Howard Owens.

With smoke filling house on Vine Street, resident with walker helped from home by neighbor

By Howard B. Owens

An older woman at 167 Vine St. Batavia, using a walker, was reportedly helped from her house while it was filling with smoke this evening by an identified female neighbor.

The woman, whose name has not been released, was treated at the scene for minor smoke inhalation. 

Interim Fire Chief Dan Herberger said it appeared the fire started in the basement and the basement was fully involved by the time fire crews arrived on the scene and was starting to make an incursion into the first floor by the time it was extinguished.

"There is significant fire damage in the basement and the fire popped up through the first floor," Herberger said. "There is significant smoke damage throughout the house. There is a lot of damage.

Mary McCarthy, daughter of the resident of the house, and her husband Mike McCarthy told The Batavian's photographer Jim Burns about the apparent rescue of her mother by a neighbor and said she became aware of the fire when receiving an alert on her mobile phone from the house's Ring security system and she could view the smoke through the Ring's recorded video. The McCarthys immediately headed to the house.

The fire was reported around 6:30.

City Fire along with Alexander's Fast Team, with mutual aid from the Town of Batavia and Le Roy Fire, responded to the two-alarm fire.

Herberger said the fire was somewhat difficult to fight because the basement is set up for a home hair salon, so there are barriers in the basement along with chemicals.

The original dispatch placed the fire at the YWCA on North Street but when crews arrived, they determined the fire was at the residence.  There was smoke coming from the chimney, which on a warmer day, indicates basement fire, Herberger said, and flames showing from at least three basement windows. 

County records indicate the home is owned by Joyce Meisner and Mary McCarthy.  The ranch-style brick house was built in 1950 and is 1,715 square feet. The assessed value is $155,000.

UPDATE: Press release,

On Monday, February 21, 2022, at 6:34 pm the City of Batavia Fire Department responded to reported smoke from a house at 167 Vine St. in the City of Batavia.  Initial fire units arrived at 6:38 pm to find smoke emanating from a one-story, single-family home.  One occupant of the home was assisted to safety by the City of Batavia PD and neighbors upon FD arrival.  Fire crews entered the home to find a large volume of smoke throughout with fire in the basement.  Crews had difficulty locating the fire due to its location in the basement.  The fire was placed under control at 7:32 pm.  Extensive fire and smoke damage were caused to the structure and contents.

Two civilian injuries were reported, however, both refused transport to the hospital.  No firefighter injuries were reported. 

The cause of the fire is under investigation by City of Batavia Fire Department fire investigators.  

The City of Batavia Fire Department was assisted by the City of Batavia Police, City of Batavia Bureau of Inspections, Town of Batavia FD, Alexander FD, LeRoy FD, Genesee County Emergency Dispatch Center and Emergency Management Office, Mercy EMS (as well as an ambulance from the FEMA deployment to the area), National Grid and National Fuel.

Photos by Jim Burns

New podcast studio at GO Art! dedicated to tireless community volunteer and arts supporter, Bob Knipe

By Howard B. Owens

Bob Knipe's passion for the arts, community, media, and technology are all symbolized by the new podcast studio at GO Art!'s home, Seymour Place, in Batavia, according to his son, Tom Knipe, and Knipe's wife, Linda Knipe, who both spoke Sunday prior to a ribbon-cutting at the studio.

"My dad was somebody who this is just such a fitting thing to do in my dad's honor," said Tom Knipe, who currently runs the industrial development agency in Ithaca. "He was a college media guy. He was a radio guy. He, he loved really good sound. He was an audiophile since forever. I remember him putting huge headphones on my head when I was two years old. Listen to this. So it's very fitting."

Knipe was involved in numerous community organizations, most of them around the arts.  He was on the board for GO Art! (and continued to be actively involved after his term on the board expired), as well as playing with and volunteering for the Genesee Symphony Orchester, Batavia Concert Band, and the Genesee Wind Ensemble.  He was also a Rotarian and served on City committees.

"He saw all of his activities as critical contributions to the local community and its economic development," Linda said. "He told us some time in those final days that music brought meaning to his life. He said, 'without music life is kind of a cruel joke. I believe that there is music to the atmosphere, the sciences, the flow of electricity, the beat of the heart. Music is fundamental to everything.' And volunteering was fundamental to Bob's character and upbringing as well."

GO Art! Executive Director Gregory Hallock recalled the arduous path he took to get his job.  He first applied in 2015 and didn't get the job.  He said it was Knipe who called him to say he didn't get the job.  He told him, Hallock said, that he wasn't ready. When the job opened up again in 2016, Hallock applied again.  Again, Knipe broke the sad news but this time with an alternative offer:  Hallock could become the assistant director, a position that hadn't existed before and would need to be funded through a grant.

"He had this plan," Hallock said. "He wanted me to come in as the assistant director because I wasn't from the area. He said you don't know anybody but you're meant to be here. He said, it's not your time. You need to be under somebody. So they hired, they got a grant to hire me, and brought me in, in February of 2016 so that I could work for a year under somebody else and then take over."

Linda Knipe said Bob always saw potential in Hallock and Hallock said Bob Knipe was always there for him.

He painted the main gallery.  He built art displays. When Hallock floated the idea of a library in Seymour Place, Kniped showed up with books to donate.  That was nearly five years before the library opened.

Whenever Hallock put the call out to board members, and even though Knipe was no longer on the board, he was always the first to respond.

"I always got a phone call or text from him, saying, 'What do we have to do? How do we make this happen?' Hallock said. 

Linda said Bob loved Batavia and wanted to see it prosper and its people do well.

"Those of you closest to Bob probably understood his motivations but he loved people," Linda said. "His efforts were to change people's lives for the better, individually through programs and through building a community that was fun, interesting, and fulfilling to live in. He worked tirelessly to provide opportunities for people to grow."

Top photo: Bob Knipe's grandchildren, Alice, Eleanor, and Alder, along with Linda Knipe and Tom Knipe, cut the ribbon in the new podcast studio.

Tom Knipe.

Solar farm proposed for Pavilion property to require future public hearing

By Joanne Beck

A special use permit request to change a piece of property from agricultural to utility solar use prompted many questions from Pavilion Town Planning Board during this month’s meeting.

Applicant NY CDG Genesee 4 LLC requested the permit for a 4.275-megawatt utility solar farm at 6464 Shepard Road, Pavilion. Code Enforcement Officer Matthew Mahaney said the project met solar law guidelines with the proposed size of just over 19 acres. The law caps it at 20 acres, he said during the meeting at Pavilion Town Hall.

Due to the enormous file size of documents sent online to board members, most of them weren’t able to open or review the project. Board Chairman Bill Fuest said he has plenty of questions, such as the height of the panels, how they are tilted, how the property will be maintained and the proximity of the solar farm to neighbors.

Those details weren’t covered in the initial plan anyway, Mahaney said. The request would require a public hearing, and he suggested that questions could be discussed at the next meeting in March, followed by a hearing. 

“I would prefer to have a session in March with the application team, and use April for a public forum,” Fuest said. 

Town Attorney Mark Boylan and the applicants are to be present at future meetings, and a public hearing will most likely be scheduled for April, board members agreed.

The Shepard Road property is owned by Suzanee and Douglas Waite, and Bogdan Dinu of BW Solar is also part of the application.

To view the site plan, click here (pdf).

More than $2 million awarded in bids for Pembroke schools project

By Joanne Beck

Pembroke Central School Board approved more than $2 million in bids for its 2021 capital improvement project during a special meeting conducted this past Thursday.

Superintendent Matthew Calderon said the meeting was called so that the bids and project could move forward “sooner than later.”

A total of $2,139,223.25 was approved for the following individual bids:

  • $496,775.79 to Edward Holme, Inc. for site work$756,000 to Willett Builders, Inc. for general trades work
  • $107,000 to Parise Mechanical, Inc. for mechanical work
  • $445,000 to DV Brown & Associates for plumbing
  • $293,913.73 to Astroturf Corp. for track resurfacing
  • $40,533.73 to Johnson Controls, Inc. for energy-efficient temperature controls

The project, approved by district voters in 2021, covers renovations and upgrades that comply with the Americans with Disabilities Act and per the district’s Building Conditions survey. Work includes:

Pembroke High School - Install auditorium ADA stage lift, ADA upgrades in restrooms throughout the building, install discus cage fencing (a safety issue), resurface the track, which has been deemed to be "at the end of its life."

Pembroke Intermediate School - Install auditorium ADA stage lift, ADA upgrades to the first and second floor main restrooms, retrofit the existing auditorium house lights, replacement of flooring in corridors, cafeteria, and select rooms.

Pembroke Primary School - Install auditorium ADA stage lift, asphalt reconstruction of parking lot and driveway around the building.

District officials have said the project will not affect taxpayers since a majority of the cost — 73 percent — is to be paid from state aid, and $1.1 million from the Capital Reserve Fund.

Below, a video of the project presentation via Pembroke Central School:

Large campground project tests, teaches all involved

By Joanne Beck

A proposed campground in Pavilion not only meant a lot of questions, research, legwork, time and expense, but it also proved to be a major learning event for applicant Jesse Coots and the town planning board.

During this week's planning board meeting, Pavilion Town Supervisor Rob LaPoint thanked the board for performing due diligence on a project that contained “the greatest emotional hits of everything that was confusing and frustrating to come before a board.”

“You’ve been through it all at this point,” LaPoint said. “Anything else from here … will be much less intimidating.”

He assured the board he planned to do a forensic review of the entire process so that all involved can become more structurally and procedurally informed the next time around. 

“To be better as a town and functioning in a more efficient way,” he said. 

The project included a 110-acre parcel divided up into 27 acres for the Lokee-Hikee Campground on Perry Road. Coots had requested a special use permit for the project, which prompted many questions along the way, from locations of the main entrance and main driveway and whether there was an adequate water supply to expected traffic patterns and potential environmental impacts. He had expected a decision after a scheduled public hearing last year, but the planning board rendered that hearing null and void and asked that Coots complete another application. 

Navigating through the process has been trying for both Coots and planning board members. Planning Board Chairman Bill Fuest thanked the members of his planning board for seeing this project through to a final approval, and for the ample “input from all parties” involved. 

After the year-long process of nailing down necessary details and code requirements, applicant Coots was thankful to receive a thumbs up Wednesday. 

“This has been a long and expensive road and, sadly, a contested road that cost us our life savings. It’s gone now, but we’re moving forward. We are so excited to know our future. Our girls are happy and our future is now,” Coots said Thursday morning. “We look forward to all of the process from here out. We understand it will be hard work and long hours but we oddly look forward to doing it all together with ourselves and our community. It’s a really exciting movement forward for us and our small community.”

Coots’ efforts hadn’t gone unnoticed in his community. During a public hearing in January, a large portion of a packed town hall was a group of his supporters. Once word of the approval went online, his phone “blew up with phone calls and messages,” he said. He was overwhelmed with the 38 voicemail and 107 text messages sent to him with congratulations of a hard-won battle with neighbors contesting the project and to meet planning board requirements. 

“We’ve spent the last year of our lives trying to bring a nice thing to our community and, unfortunately, have been greeted with heartache,” Coots said. “Therefore, we had to fall back on law. We give huge props to the “county zoning” for making sure code is followed by town boards.”

He also handed out “props” for the community and its ongoing support, the town board and planning board members who “walked the line of what’s right.” He and his family are excited to move forward with the physical and financial work of the campground, while leaving the “subjective and opinionated work” behind them, he said. 

“This is the best I’ve felt in 12 months,” he said. “Really excited to move forward and do good things.”

Allegany State Park serves up a more cost-friendly trip for Batavia students

By Joanne Beck

With some $6,000 less money raised due to pandemic challenges, the 2022 senior class had to take their dream trips down a notch.

After slightly more lavish possibilities of visiting Boston or Cleveland, the class has put forth two options that better meet budget constraints, Batavia High School special education teacher Lorraine Gammack says.

“We don’t have a lot of money because of COVID,” Gammack said during this week’s school board meeting. “In a class budget, a senior class typically has $10,000 at this point. We’re just $50 shy of $4,000; that’s a big deficit.”

Class President Mackenzie Lavrey reviewed the two choices made by class vote after floating the suggested ideas for a trip to Boston ($700 a person) or Cleveland (just over $600 each). Both of those trips were deemed too expensive, Gammack said. She in turn thought that a three-day visit to Allegany State Park was a great one, given that she has taken students there before. 

Due to the vast expanse of property, Gammack wanted to have a bus that could take some kids to destination spots, such as Quaker Lake, once they were at the park, but that wasn’t feasible with the current budget, she said. 

Despite the shortage of funds — or perhaps because of them — a Connect Kids to Parks grant program could potentially pay for nearly everything, she said. The grant would cover everything from a Dumpster service to laser tag activity. The trip is tentatively slated for June 15, 16, and 17 at a park facility with two dormitory complexes, a classroom, picnic pavilion, and activities of swimming, fishing, kayaking, canoeing, and laser tag. 

The trip cost is “super affordable,” she said, at “$100 per student.”  The grant is in progress, she said. There would be one chaperone for every eight students and meals will be on a creative budget, such as the beach party dinner one evening with district personnel doing some of the cooking. 

One caveat so far is that the facilities have a limit of 34 boys and 33 girls for the class of 164 students, with 38 girls and 10 boys being signed up so far, she said.

Dormitories are large and could accommodate both boys and girls in one building if necessary. 

“The dorms have an east and a west end,” she said. “We could make it work.”

The board gave preliminary approval for the trip, and a second one-day excursion to Conesus Lake, tentatively set for June 6. 

Other approvals included:

  • A 2020 capital project to expand outdoor amenities at Jackson Primary School by knocking down 245 Liberty St., a former bakery donated to the district in 2017. The plan is to create additional parking and green spaces, and a pedestrian walkway adjacent to Jackson Primary School.
  • A resolution that supports the state Senate bill S7600 regarding cyberbullying. This amended bill establishes that “any person who knowingly engages in a repeated course of cyberbullying of a minor is guilty of an unclassified misdemeanor punishable by a fine of not more than one thousand dollars, or by a period of imprisonment not to exceed one year, or both.” (See related article, "City schools trustees back proposed cyberbullying law.")
  • The purchase of portable two-way radios as part of public safety communications in school buildings. The price to buy the radios from Saia Communications Inc. is $41,277.22.
  • A proposed baseball trip to Florida. (See related article, "Spring baseball trip a go for Batavia City Schools’ athletes.")
  • A revised emergency roof repair plan from Campus Construction Management and the proposed bid from Spring Sheet Metal and Roofing, LLC for Batavia High School.

Top photo: From Allegany State Park website

Tonawanda Creek: Nine-feet high and about to crest

By Howard B. Owens
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The National Weather Service is forecasting that by late tomorrow afternoon, the Tonawanda Creek could crest at 10 feet.

Measurements are taken behind the County Courthouse.

Currently, Law Street is closed with minor flooding near Walnut Street in the City of Batavia. Stegman Road in Pembroke is also closed.

Kibbee Park is flooded to the brim.  There is minor flooding on South Jackson.

Send your flood photos from anywhere in Genesee County to: howard@thebatavian.com

CORRECTION: This story previously used measurements and forecasts for the wrong stream gauge on the Tonawanda.  It's been corrected to reflect the correct stream gauge.

Kibbe Park

Law Street near Walnut.

Behind the County Courthouse

South Jackson.

Law and Order: New Jersey man accused of driving stolen vehicle in Pembroke

By Howard B. Owens

Richard N. Ervin, 34, of Clinton Street, Newark, N.J., is charged with grand larceny, criminal possession of stolen property, and aggravated unlicensed operation 3rd. Ervin is accused of being in possession of a stolen vehicle at 9:56 p.m., Feb. 15, on Alleghany Road, Pembroke. Ervin was arrested by Deputy Jeremiah Gechell.

Vivon Larue Wenner, II, 57, of East Oak Orchard, Medina, is charged with felony driving while ability impaired by drugs, felony DWI, driving left of the pavement markings, and following too closely.  Wenner was arrested following an investigation into a traffic stop at 6:55 a.m., Nov. 4, on Lewiston Raod, Oakfield, by Deputy Jordan Alejandro. Wenner was released on an appearance ticket.

Collin Robert Grimes, 22, of Oakridge Drive, Irondequoit, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires, moving from lane unsafely, and speed not reasonable and prudent. Grimes was stopped at 5 a.m., Feb. 13, on Mullen Road, Stafford, by Deputy Morgan Ewert.

Eric David Murphy, 43, residence no specified, is charged with DWI, driving with a BAC of .08 or greater, an uninspected motor vehicle. Murphy was stopped at 2:24, Feb. 13, at a location in Le Roy, by Officer Jordon Wolcott.

Shawn Michael Twardowski, 39, of Lake Street, Le Roy, is charged with petit larceny.  Twardowski is accused of stealing two alcoholic beverages from Sav-A-Lot in Le Roy at 9:47 a.m., Feb. 16. He was released on an appearance ticket.

Joseph Conklin, 41, of North Avenue, is charged with criminal contempt 2nd.  Conklin was located by Le Roy patrol officers Curtis Miller and Stephen Cappotelli in the basement of a residence on North Street, Le Roy, at 3:17 p.m., Feb. 11, in violation of a court order. He was released on an appearance ticket.

Thomas R. Collins, 51, of Sunnyside Lane, North Chili, is charged with DWI, driving with a BAC of .08 or greater, resisting arrest, failure to obey traffic device, and obstruction of governmental administration. Collins was stopped at 8:48 p.m., Feb. 8, on West Main Street, Le Roy, by Officer John Ceneviva.  He was released on traffic tickets.

Coby L. Sanders, 43, of Church Street, Le Roy, is charged with criminal contempt 2nd and endangering the welfare of a child. Sanders is accused of acting in a manner injuries to the mental health of someone under 17 years old during a disturbance reported on Church Street at 12:45 p.m., Feb. 13. He was released on an appearance ticket.

Kenneth R. Scott, 59, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, driving with a BAC of .18 or greater, and unsafe movement of a stopped vehicle. Scott was stopped at 11:30 p.m., Feb. 12, on Main Street, Le Roy, by Officer John Ceneviva. He was issued traffic tickets and released.

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