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Labeling them ARPA-1 through ARPA-7, City of Batavia Manager Rachel Tabelski has put together a list of priority spending items – including an “inclusive destination playground" at Austin Park – to be funded in whole or in part by the $1.4 million the city received from the American Rescue Plan Act.

In a memo dated Sept. 20 to City Council, Tabelski wrote that she is recommending these expenditures as part of her Batavia Investment 2021 report, which is on the agenda for discussion at Monday night’s Conference Meeting.

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

Should City Council forward any proposed resolutions on Monday, voting would take place at the board’s next Business Meeting, which is set for 7 p.m. Oct. 12.

The federal government, acknowledging the COVID-19 pandemic’s effect on municipal economies, allocated $19.53 billion from the Coronavirus Local Fiscal Recovery Fund to support non-entitlement units of localities with populations under 50,000, Tabelski wrote.

With that, the city received $1,474,764.79 from the ARPA (getting half this year and half next year).

The money can be used for public health costs, lost public sector revenue, essential worker pay and investment in water, sewer and broadband infrastructure, but comes with restrictions.

Those restrictions, as outlined in Tabelski’s report, include the inability to use the money to lower the tax rate, to offset retirement/pension funds, to pay off current debt, for sidewalks and roads (unless documented proof of being related to COVID-19) and to support current operations in the majority of cases.

Tabelski’s report indicates the recommended projects were derived through multiple means:

• Conversations with department heads and staff, and citizen input;
• Review of capital plans, current needs and current reserve accounts;
• Analyzing the ARPA regulations to create projects that will be most beneficial to the city and/or to advance future ventures, with consideration of social and economic factors;
• Allocating ARPA money to projects that could receive alternate funding, such as matching funds from other sources to increase the total investment;
• Ability of city staff to complete, monitor and report on the projects.

Brief descriptions of the seven projects recommended by Tabelski are as follows:

ARPA-1: Engineering Services for Water System Planning

A resolution to contract with GHD Group of Buffalo to “map, inventory and plan to address lead service lines in the city related to the new Lead and Copper Rule” and “to prepare for the closure of the city water treatment plant in connection to Genesee County’s Phase 3 Water Project that would bring Monroe County Water Authority water to the city.

Cost: $248,000, using all ARPA funds.

ARPA-2: Cohocton Water Transmission Line

Replacement of 3,700 linear feet of a 12-inch water transmission line that supplies water to the southwest quadrant of the city – with the connection being made to the existing 12-inch main near the intersection of Industrial Boulevard and Treadeasy Avenue, and continuing to the existing 12-inch main near Walnut Street. The main has incurred 11 breaks in the past 30 years.

Cost: $800,000, equally split between ARPA and reserve funds.

ARPA-3: Inclusive Destination Playground at Austin Park

Located in the city’s Opportunity Zone, Tabelski writes that now is the opportunity to upgrade Austin Park (see photo above), believing that the expenditure will benefit local families, attract visitors from outside the city, assist in public safety in the park and surrounding areas through appropriate environmental design.

Recreation websites describe inclusive playgrounds as activity areas that remove barriers to exclusion, both physical and social, providing a “sensory rich” experience for all. They are designed to be a safe place where children of all abilities can play together, and are developmentally appropriate for children with and without disabilities.

Cost: $800,000, using $400,000 in ARPA funds and seeking grants to double the investment.

ARPA-4: Modify Facility Capital Plan Project

“Critical” improvements are necessary at the city’s Bureau of Maintenance and Fire Department, Tabelski writes, recommending the purchase of a new generator to run fire headquarters on Evans Street and spending to make access into the facility compliant with the Americans with Disabilities Act.

Cost: $540,000, using $100,000 in ARPA funds, with the remainder committed to the project in the Facility Reserve Fund.

ARPA-5: Wastewater Treatment Plant Headworks Analysis

Tabelski is seeking another contract with GHD Group (via a resolution) for engineering services to solve problems being caused by an aging aeration and blower system. The last headworks study took place in 1983, and since them the WWTP’s aeration system had deteriorated due to leaks in the main header. “While this problem has been remediated, it highlighted the need to complete a more thorough analysis …,” she wrote.

Cost: $250,000, using all ARPA funds.

ARPA-6: Replace Aging Sewer Camera

Scheduled to be replaced next year, the city’s sewer main line camera – purchased in 2012 -- is at the end of its useful life and has malfunctioned on several occasions, resulting in repair costs. Tabelski recommends buying an Envirosight Rover X camera from Joe Johnson Equipment of Rochester, which can be bought at a discount through a cooperative purchase program.

Cost: $100,000, equally split between ARPA funds and wastewater reserve funds.

ARPA-7: Replace Aging Water Meter Readers

As in the case of the sewer camera, the city’s meter reading equipment is about 10 years old and need of replacement. The recommendation is a resolution to purchase new handheld and data recorders from Ti-Sales, Inc., of Sudbury, Mass., along with utilizing a cloud-based data storage system.

Cost: $26,765, using $26,764.70 of ARPA funds and $1,718.79 from water reserves.

When talking to the ladies who direct activities at the All Babies Cherished Family Assistance Center, it quickly becomes clear that the nonprofit, pro-life agency could easily be called “All People Cherished.”

“We advocate for people,” said Program Coordinator Mona Doyon, during an interview with The Batavian at the ABC home at 445 Ellicott St. “We give them the resources they need and help them to realize that they can keep their child. A lot of them come here really scared and overwhelmed, and then they realize that they can do it.

“They make a choice for life and we do our best to work with other agencies in the county to get them the help that they need. Sometimes it involves healing with other members of their family, and getting some family support going.”

In existence in Batavia for 25 years, ABC is a Christian organization and, moreover, a ministry that focuses on assisting women and their families with “life choices” from pregnancy to birth and beyond, Executive Director Sue Sherman said.

ABC staff and volunteers also have been involved in the process of adoption, she said, primarily working with Bethany House in Rochester.

The agency receives a small amount of funding from the United Way, but overwhelmingly is supported through donations, church sponsorships and its fundraising efforts.

Currently, Sherman and Doyon are working with volunteer Lucille DiSanto on ABC’s major fundraiser – its Fall Vendor Festival on Saturday, Oct. 23 at the City Centre Mall concourse. Nearly 80 vendors have signed up thus far to participate in the agency’s 25^th anniversary celebration.

‘A CHRIST-CENTERED NO JUDGMENT ZONE’

Calling ABC “a Christ-centered no judgment zone,” Sherman said their main focus is to conduct a wide variety of parenting classes for moms, dads, grandparents and, in some cases, extended family members.

Those who take the classes – they’re held on the second floor of the facility – receive credits that enable them to receive free necessities for their babies, toddlers and young children.

Class topics include information about pregnancy, caring for newborns, post-partum symptoms, how to make out a budget, how to save and successful parenting techniques. Regular Bible study classes are offered as well.

“Usually, our program has been set up to benefit parents with children 3 and under,” explained Sherman, who has been executive director for five years. “We’ve expanded that – we’ve got older children, 4, 5, 6 years old. We can help you with clothing or items that you need.

“Additionally, we help parents that come in here with troubled teens, and that presents different issues. They don’t receive material goods, but they come to us because they need help.”

Sherman said some women are mandated to come to ABC through the Probation Department or Child Protective Services or Department of Social Services, and are required to take parenting classes.

Thus far, more than 540 classes have been conducted over the past 12 months, Doyon said.

Assistance also is provided when ABC gets a call from the hospital requesting help for women who have just given birth.

“And many times, we get involved to help mothers get their children back,” Doyon advised. “They may have a child or a couple children at age 2 or 3, and now we’re helping them to get their children back due to their mother’s addiction, for example.”

In any event and in all situations, Doyon emphasized that “whoever comes through our door, we’re going to help them.”

‘WE WANT THEM TO FEEL THE DIFFERENCE’

“We want them to feel the difference. When they come through the door … we want them to feel the Lord’s presence and we want them to feel loved and respected, and feel that compassion.”

Sherman said all races and religions are welcome.

“We’re here to help you and encourage you. We are not here to judge you. Often we hear from the girls that this is the only place they’ve heard anything encouraging in their entire lives,” she said.

She also pointed out that many clients have not graduated from high school, are in recovery from substance use or were victims of domestic violence. She indicated that about a third of their clients at any given time are homeless – or “couch hopping -- not knowing where they’re going to lay their head tomorrow.”

“And some of them are in every category,” she said.

Toward that end, Sherman said she is pleased to report that ABC just closed on a house that will be used as temporary living quarters for the homeless women being served.

“I have spoken to our donor base for years, letting them know that we need housing,” she said. “We had a donor give us a house nearby, and we just closed earlier this month. No programming is in place yet, but sometime next year, we’ll be able to have half of that house for up to three women – with their child or children.”

SPECIAL EVENTS SET FOR NEXT MONTH

DiSanto, who is coordinating the Fall Vendor Festival on Oct. 23 at the downtown mall, said it is shaping up to be a huge event.

“We now have 76 vendors -- artists, artisans, crafters, quilters, direct sales, woodworkers and more, as well as games for children and a visit from Santa Claus,” she said.

Sandy Chappius, owner of Chap’s Diner in Elba, will be catering the festival, which is scheduled for 10 a.m. until 3 p.m. The public is invited at no charge.

The agency will be hosting a free online fundraiser at 7 p.m. Oct. 28, also commemorating its 25^th year.

Le Roy resident Alexandra Andrews will tell her story as an abortion survivor.

A wife and mother of three, she said her testimony centers upon the ways God revealed His plan for her life, bringing her out of an orphanage in Russia to share a message of mercy, healing and forgiveness.

A registered nurse, Andrews is an active member at her church and serves on the ABC board of directors.

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Doyon and Sherman are the only full-time employees at ABC. They are assisted by a five-hour-per-week bookkeeper and about a half-dozen volunteers who organize donations, help with fundraising and provide other support.

They said they would welcome an experienced grant writer willing to provide volunteer assistance. Agency oversight is provided by a volunteer board of directors.

ABC is open from 10 a.m. to 1 p.m. Monday through Wednesday and from 6 to 8 p.m. on Thursday.

For more information about programming or the special fundraising events, call 344-5660, go to www.allbabiescherished.com or www.facebook.com/AllBabiesCherishedPregnancyCenter/

Photo at top: Executive Director Sue Sherman, left; Program Coordinator Mona Doyon and Fall Festival Coordinator Lucille DiSanto. Photo at bottom: Mural on a wall at the ABC office at 445 Ellicott St. Photos by Mike Pettinella.

Melvin Huntley

Melvin A. Huntley, 40, of Wilkinson Road, Batavia, is charged with rape 1st, sex abuse 1st, and predatory sexual assault with two or more victims. Huntley, accused previously of being a child sex predator and later charged with additional felonies, has been charged again as the result of further investigation by detectives Howard Carlson and Kevin Forsyth. An additional alleged victim was identified.  There are no known additional victims.  There are allegedly four victims total. Huntley is accused of multiple incidents of sexual assault over a seven-year period.  He remains in the Genesee County Jail being held without bail.

Brian Michael Raphael, 33, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and conspiracy 6th. Raphael was allegedly found in possession of cocaine following a traffic stop in the Town of Bergen at 11:15 p.m., June 7, by Deputy David Moore.  He was issued an appearance ticket and is scheduled to return to court Oct. 13.

Press release:

Mike Rapone, longtime Basketball Coach at Notre Dame HS, has informed the school that the upcoming 2021-2022 season will be his final one at the helm of one of Section V’s most successful boys basketball programs.

His final season will be his 42nd Varsity season and 45th season coaching basketball at ND.

On March 3rd, 2010, he surpassed legendary coach Ed Nietopski’ s 545 career wins to become Section V’s All-Time winningest coach. Coach Rapone has a Varsity record of 708-208 (Winning percentage 77.3) while his JV record of 47-7 includes consecutive unbeaten seasons in 1979 & 1980.  Rapone coached teams won State Titles in 1992 & 2001, five regional titles, nine Section V titles (tied for the most all-time of any Section V coach), and 33 Genesee Region Division Championships.

He was inducted into the Section V Boys Basketball Hall of Fame in 2016 and Notre Dame HS Hall of Fame in 1996.

Winning the 2001 State Championship team provided one of the special memories of his distinguished coaching career as the roster included 11 players (of 13) that were sons of Coach Rapone’s Notre Dame High School classmate, his childhood friends or neighbors from LeRoy and included his son Mikey, his nephew and assistant coach Dave Pero’s son Jeff.

In the past 15 seasons, Coach Rapone feels blessed to have had the opportunity to work closely with his son Mikey watching him learn how to coach as he worked his way up from program assistant to JV Head coach to his current position as Varsity Associate Head Coach.  This experience and time together with his son have made coaching at Notre Dame even more fulfilling.

When asked about why now to retire, Coach Rapone commented. “I always said I would know when it was time to move on from the job that I love. Being a basketball coach here has been a big part of my life but it is time. Coaching at Notre Dame provided me with the opportunity to help young men learn how to compete and work as a team while personally growing and maturing as individuals. I take great pride in the adults my players have become.  Even though I will miss coaching, the time spent together with the team, and the thrill of competition, it is time for me to move on.”

The school will name Coach Rapone’s successor before the start of the upcoming season to ensure continuity and a smooth transition in the spring. Resumes can be submitted until Oct. 3 to michael.rapone@ndhsbatavia.com or wade.bianco@ndhsbatavia.com

Photo: File photo

Western Regional Off-Track Betting Corp. and the Town of Batavia have come to an agreement concerning enhanced aesthetics and maintenance on and around Batavia Downs Gaming & Hotel on Park Road.

WROTB President Henry Wojtaszek and Town Supervisor Gregory Post both reported that a productive discussion took place Wednesday as both entities prepare for the start of the Park Road Improvement Project later this fall.

Reconstruction of the street -- from Lewiston Road to Oak Street – is a $4.3 million project, with the bulk of the cost covered by federal and state aid.

Negotiations have been taking place in recent weeks over contracts covering WROTB’s financial contribution for requesting additional trees and lighting and details of the town’s cost for having Batavia Downs’ employees to maintain trees, street lights and sidewalks and for snowplowing once the project is complete.

“We met with the town yesterday and we’re good to go,” Wojtaszek said. “We just had to work out some details of the agreement.”

Post concurred, stating that an attorney review of the language in the agreement has been completed.

“It really wasn’t about the money, it was more about getting the proper wording,” he said. “We look forward to continuing our strong partnership with Batavia Downs.”

Last week, the Batavia Town Board tabled a resolution that set WROTB’s payment for aesthetics at $486,870, with Post indicating that they were close to finalizing the contract. He and Wojtaszek today said that they have agreed on that figure.

In other developments from today’s WROTB directors’ meeting:

• The board received an update on the armed robbery that took place on Aug. 28 at the Wehrle Drive OTB parlor. According to Amherst Police, a male suspect entered the building, fired a gun shot and fled on foot with an unknown amount of cash. WROTB employees installed a full security door afterwards.

• Batavia Downs’ revenue in August resulted in a distribution of $73,637 to the corporation’s municipalities.

E-Z bet handle this year, through August, is up $2.3 million compared to 2020 and up $765,000 compared to 2019.

Batavia Bets’ handle in August was $1.8 million, down $337,000 compared to August 2020, and was $966,000 through Sept. 19, down $376,000 compared to September 2020. For the year, handle is $13 million, an increase of almost $1.6 million from 2020.

• The board approved contracts with two Batavia-based companies: a one-year agreement with Applied Business Systems in the amount of $82,434 for marketing mailers and a pact through the end of the year for $22,500 with Extreme Streetwear for Buffalo Mafia apparel to be sold at Batavia Downs Gaming’s Lucky Treasures store.

Daniel Joseph Davis, 55, of Hollymount Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, reckless endangerment, improper passing, failure to obey traffic control devices, failure to obey police officer, speed not reasonable and prudent for conditions, and moving from lane unsafely. It's alleged that Davis tried to avoid a traffic safety checkpoint by leaving his lane of travel and proceeding into the oncoming traffic lane nearly striking law enforcement officers and then fleeing the checkpoint before being stopped by a patrol vehicle a short distance from the checkpoint on  Clinton Street Road, Stafford. Davis was arraigned in Town of Stafford Court and released on his own recognizance.

Katie Lee Winnie, 27, of Martin Road, Akron, is charged with driving while impaired by drugs and criminal possession of a controlled substance 7th. Winnie was located at 3:06 a.m., July 8, on South Lake Road, Bergen, by Deputy David Moore, after the Sheriff's Office received a complaint of a woman slumped over the wheel of a vehicle parked at a convenience store.  Winnie was arrested this week after the office received the results of a lab test.  She was released on an appearance ticket.

 

Arnold E. Herdendorf, 69, of Lockport, and Christopher M. Rowell, 70, also of Lockport,  were killed in Pembroke yesterday, according to the Sheriff's Office, when Hendendorf, driving a 2009 Chevrolet sedan, failed to stop for a stop sign at Indian Falls Road and Route 77 and collided with a northbound tractor-trailer.

Both men were pronounced dead at the scene.

The accident was reported at 1:47 p.m.

Driving the 2015 Volvo was Kebir S. Inalla, 30, of Metairie, La.  His passenger was Ahmed A. Jaber, 38.  Neither were injured in the accident.

The investigation is being conducted by the Sheriff's  Office Crash Management Team with assistance from the NYSP Commercial Vehicle Unit.  

Assisting at the scene were Pembroke, Indian Falls, Alabama, and  East Pembroke volunteer fire departments, Mercy EMS, Emergency Management, and National Grid.

Previously: A motor vehicle with possible serious injuries reported on Route 77

The president and chief executive officer of Western Regional Off-Track Betting Corp. this morning said that stronger policies and procedures have been put into place in light of audits by the New York State Comptroller’s Office that revealed the public benefit company failed in its oversight of perks distributed and in prompt reimbursement for personal use of an official vehicle.

The audit findings were released today by State Comptroller Thomas P. DiNapoli, who said WROT “needs to clean up its operations.”

“Revenues from the OTB are supposed to go to participating municipalities, not to give board members and employees generous perks and other benefits,” he stated in the report. “The board said they are acting on our recommendations and I urge them to continue to tighten oversight and eliminate questionable spending.”

WROTB President and CEO Henry Wojtaszek, speaking after the organization’s board meeting today, said new controls and record keeping policies have been made.

“We have issued a policy that is a very good policy,” he said. “We welcome the Comptroller’s input and we will continue to improve upon our protocols.”

Wojtaszek said the WROTB board has provided an answer to the Comptroller’s Office, which is included in the audit report.

According to the first audit, WROTB (the parent company of Batavia Downs Gaming & Hotel) spent at least $121,000 on tickets to sporting events, concerts, food and alcohol for board members, employees and other individuals without the oversight required by state rules. A second audit released found that Wojtaszek did not reimburse the organization for his personal use of an official vehicle in a timely manner.

DiNapoli reported that both audits “found lax oversight of operations by the board of directors, a troubling tone at the top of the organization for establishing and following the rules, and poor documentation.”

He also urged WROTB to seek reimbursement for tickets and other expenses that were distributed improperly.

The first audit examined the corporation’s marketing and promotional operations from September 2017 through December 2019 which featured giving free tickets to Buffalo Bills, Buffalo Sabres and Rochester Americans games and to area concerts.

While this is permitted by the state Gaming Commission, this practice also requires WROTB to “submit an annual marketing plan identifying who may receive promotions and keep information on who received the complimentary items.”

The audit states that the corporation’s board approved almost $1.3 million on leases for suites at sporting venues, concert tickets and food and beverages, but failed to keep accurate records of at least $121,000 worth of these perks given to board members, employees and others.

Specific mention was made of a hockey game on Nov. 23, 2018 when the board chairman (Richard Bianchi) received six tickets and the vice president of operations (Scott Kiedrowski) received nine tickets, and another hockey game on Dec. 29, 2018, when the board chairman received four tickets, and five tickets were given to another board member and five other tickets were recorded as given to “host.”

As a result, auditors recommended that WROTB do the following:

• Develop and adopt a written policy and procedures for the distribution of tickets and who is eligible to get them.
• Seek reimbursement for tickets and food and beverages if not appropriately given.
• Define in the marketing plan what groups or categories of complimentary items, including tickets, will be given out as required by state regulations.
• Develop a system to maintain a complete, detailed, and accurate record of tickets distributed.

The second audit, covering a period of four years to April 2020, found that Wojtaszek did not track his personal use of his official vehicle and keep mileage logs, as all employees were required to do. He also did not pay the annual fee of $260 paid by other employees.

He later reimbursed the OTB $3,484 after an internal auditor found that he was not following the OTB’s policy.

Key recommendations in this case are as follows:

• Ensure all employees who are assigned take-home vehicles complete and file accurate weekly mileage logs.
• Require employees to reimburse the OTB for personal use in a timely manner.

In response to the audits, Bianchi wrote two letters to the Comptroller’s Office, outlining plans of action.

Summarizing, he wrote that the WROTB board has implemented a new procedure to provide for better tracking of “charitable tickets,” with continued updates “in respect to ticket distribution” for the board’s review and adoption, and will conduct a review of the prior ticket distribution to see if any tickets were given “to a non-eligible person,” and, if so, will seek reimbursement.

Also, the annual marketing plan will be expanded to specify “groups and categories of eligible complimentary items, including tickets, and the basis for such distribution,” with all tickets to be logged into a “dual recording system to ensure accuracy and proper distribution.”

As far as reporting of the use of personal vehicles, Bianchi wrote that the board is reviewing its motor vehicle use policy to “include the elimination of take-home vehicles for assigned WROTB employees” but, in the meantime, “a procedure has been established to ensure that a supervisor or officer is assigned the responsibility to review the vehicle logs monthly to determine and collect any reimbursement from the assigned employee for personal use of the vehicle.”

He also reported to the Comptroller’s Office that Wojtaszek, in April 2019, reimbursed the company $3,484 for personal use of an assigned vehicle for the period of July 2016 through April 2019 and, after further review by an internal auditor, another $528 last month for vehicle use from June 2016 through January 2017.

Genesee County Sheriff William Sheron Jr. was a man of few words on Wednesday afternoon as he accepted a proclamation from the Genesee County Legislature designating the week of Sept. 19-25, 2021 as Sheriffs’ Week in Genesee County.

Those words were well placed, however, as the county’s top law enforcement official gave all the credit to his staff who are on the front lines each and every day.

“I consider it a privilege to serve as sheriff in Genesee County and to be associated with such tremendous people before me (acknowledging Maha, the former sheriff, and Legislator Gordon Dibble, retired chief deputy),” Sheron said.

“I take this on behalf of all the men and women of the Sheriff’s Office. They’re the ones that are out there daily, providing service to the public, and they do it in such a professional manner.”

Maha, chair of the Public Service Committee, read the proclamation, which recognizes the Sheriff’s Office as “an integral part of the criminal justice system in New York State and in Genesee County since its inception in 1777, and establishment as one of the original constitutional offices of Genesee County in 1802.”

The proclamation states that the “Office of Sheriff has evolved into a modern, professionally accredited, full-service law enforcement and public safety agency, manned by fully trained police and peace officers, as well as civilians, using state-of-the-art technology and applying the latest and most-advanced theories and practices in the criminal justice field.”

Photo by Mike Pettinella.

As someone who has felt the pain inflicted by suicide and addiction, Lynda Battaglia was filled with emotion as she accepted a proclamation Wednesday from the Genesee County Legislature designating Sept. 5-11, 2021 as National Suicide Prevention Week and September 2021 as National Recovery Month.

Battaglia, the county’s director of Mental Health & Community Services, said she spoke as a “survivor” of suicide and substance use disorder, having someone close to her who attempted suicide and survived and also losing someone to addiction.

“When someone dies by suicide, the attack ripples through the community and leaves an everlasting effect,” she said, urging society to do more to promote wellness and decrease the stigma associated with mental health disease.

She said that suicide is the 10^th-leading cause of death in the United States.

“Every 11 minutes, someone dies by suicide … around 48,000 per year, and every single number represents a person,” she said.

With a group of mental health and social work professionals in attendance, Battaglia commended service providers for their “tough love commitment to improving education and awareness on suicide prevention and commitment to acknowledging recovery – and how you decrease the stigma of both.”

“You’ve seen them at their worst and their best, and everything in between … and you provide treatment and care without judgment.”

Accepting the proclamation on behalf of service providers, she concluded, “All of you are lifelines for Genesee County residents and I thank you for your dedication.”

The proclamation, presented by Legislator Gregg Torrey, Human Services Committee chair, states, in part, that “in these challenging times messages of hope and healing are more needed than ever; and the benefits of preventing and overcoming mental health challenges, suicide attempts and loss, and substance abuse are significant and valuable to individuals, families, and our community at large.”

“The Genesee County Legislature proclaims the month of September 2021 as Suicide Prevention and Recovery Month: Finding Hope, Building Resiliency, and Supporting Recovery."

Photo: Accepting the proclamation are, from left, John Bennett, Lisa Clattenburg, Bob Riccobono, Lynnell Schreiber, Lynda Battaglia, Julie Brinkman, Kate Hawks, Rachel Mieney, Sue Gagne, Lisa Glow, Cheryl Netter, Gregg Torrey. Photo by Mike Pettinella.

PUBLISHER'S NOTE:  Comments are closed.  It's become too much of a battle, taking too much time, to deal with all of the misinformation being posted in comments.

Several Genesee County residents exercised their right to peacefully assemble this afternoon, gathering in front of the Upton Monument at the Route 5 and 63 fork to protest governmental COVID-19 vaccine mandates.

“We’ve been rallying to help the cause of healthcare workers,” Roxie Winegar said. “I’m a DSP (Direct Support Professional) for ARC (The Arc of Genesee Orleans) and I don’t want to lose my job; I don’t want anybody to lose their job over being forced to be vaccinated when it’s a choice to put something into your body.”

Winegar said she believes vaccines cause death and impairment, “and long-term effects that you can not get out of your body – you cannot reverse.”

“They are not a vaccine. They are an mRNA (messenger RNA) genetic changer, and once you have that, you don’t have the human genetic makeup anymore – it’s totally changed,” she stated.

She said she has done much research into the vaccine, and doesn’t buy most of mainstream media’s reporting on the matter.

“They are so very evidently biased … they all say the same thing. It’s the same script. They’re all given a script and they all say it,” she said.

Sue Wlazlak, an employee (analyst) of United Memorial Medical Center, said the mandate is violating people’s freedoms.

“They’ve taken away our freedom of choice and it’s completely against the Constitution. I don’t understand any of this,” she said.

When asked if she thought natural immunity for those who have had COVID should be considered, she replied, “That’s the other piece that is huge. They’re not testing for the immunity. I had to get tested for the chicken pox and that proved that I had immunity, so they didn’t offer me a vaccine. They should be doing that.”

Wlazlak said she sees the vaccines as experimental and full of risks.

“So, if you have reasons why (you don’t want it), you shouldn't be forced to infect your body to go to work,” she offered.

Another protester said the issue goes beyond just the vaccine mandate.

“Vladimir Putin said it best: The United States is heading toward communism with breathtaking speed,” Gary DiSanto said. “We’re becoming a totalitarian, one-party state.”

Thousands of healthcare workers at hospitals run by New York State could face suspension or loss of jobs beginning on Monday as a result of the mandate originally ordered by former Gov. Andrew Cuomo and kept in force by Gov. Kathy Hochul.

The directive does not allow for regular testing instead of being vaccinated. Hochul’s administration and numerous labor unions are in negotiations to see if an agreement could be reached. Mass firings or resignations would cripple the state’s healthcare system.

In a related development, as first reported by The Batavian, the Genesee County Legislature yesterday passed a resolution adopted by the Ways & Means Committee to modify the COVID-19 mandate by providing options such as regular testing for those opting to not take the vaccine at this time.

Copies of the resolution are being sent to Hochul, Health Commissioner Ann Marie T. Sullivan, State Assembly Speaker Carl Heastie, Senate Majority Leader Andrea Stewart-Cousins, Assembly Minority Leader Will Barclay and Senate Minority Leader Rob Ortt.

Photo: Among those protesting vaccine mandates today are, from left, Gary DiSanto, Roxie Winegar, Bob Hoskins, Sue Wlazlak, Jo Coburn, Theresa Wlazlak and Evelyn Aubrey. Photo by Mike Pettinella.

He has worked in kitchens throughout the United States as well as Australia and Indonesia.

He has prepared dishes for four presidents and, for a while, was the personal chef for Michael Jackson.

Now, he is back in Western New York, spreading his culinary joy in the form of authentic Texas-style beef and Kansas City-style pork barbecue to patrons of Batavia Downs Gaming & Hotel.

And, if all goes according to plan, his edible creations will be available soon at 10 East Main St. in his hometown of Corfu.

“He” is Nick Rada, a 1999 Pembroke Central School graduate, who has lived out his lifelong dream of preparing delicious meals at a variety of establishments – from prestigious hotel restaurants to neighborhood bistros and taverns.

Currently, Rada (pictured above) is the manager at Burnin’ Barrell BBQ, located at the Homestretch Grill area of Batavia Downs Gaming & Hotel. He’s been working in that capacity since May.

“One day I made some barbecue for Henry (Wojtaszek, Western Regional Off-Track Betting Corp. president) and Scott (Kiedrowski, vice president of operations), and they fell in love with it,” Rada said during an interview Tuesday at the Park Road facility. “They mentioned that they wanted to do something new with the Homestretch (Grill) and asked me if I wanted to do barbecue.”

Rada jumped at the chance, coming up with the name, concept and menu that offers numerous choices in the form of sandwiches, snacks, salads, sides, small bites and big bites.

He said he caught the cooking bug as a teenager, growing up as the oldest of eight children.

“Ever since I was 13 or 14 years old, I knew that I wanted to be a chef,” he said. “My great aunt and uncle (the late Leo and Marge Brumsted) were butchers. Everybody in my family were hunters; everybody in my family cooks. My father, Don, cooks, and so does my grandfather, Al Lang.”

There always was plenty of food on the table, he said, adding that he is the oldest of 68 grandkids – and that’s just on the side of his mother, Claire, who is one of nine Lang children.

After graduating from high school -- where he was a lineman on the Dragons’ football squad and competed in the shot put and discus on the track and field team -- the 6-foot-1, 300-pounder went to culinary school in Pittsburgh. Not long after that, he found himself working in Milwaukee, Wis., for a brief time.

“The chef that I worked for in Milwaukee told me that I have to work at two places in my career – Ritz-Carlton and the Bellagio in Las Vegas (to get ahead),” he recalled.

Rada did just that, working for the Ritz-Carlton in Detroit before transferring with the same company when they opened a hotel in Las Vegas in 2000.

“I transferred out there and worked for them as a cook for a few years and then went to the Bellagio Resort & Casino on the strip there. At the age of 24, I became the youngest chef – a sous chef -- at that hotel’s restaurant, Sensi.”

Having established himself as a top chef, Rada stayed there for about five years before traveling across the country to the Carolinas, where he worked as an executive chef for a country club. After that, it was on to jobs in Philadelphia, Boston, New York City, Australia and then to Indonesia.

“I learned a lot of different techniques, flavors and styles of cooking by traveling all over,” he said.

When asked if he ever cooked for any celebrities, he quickly rattled off the Obamas, the Clintons, and both Bushes while he was employed as part of a catering company when in Milwaukee and Boston.

“I also was a private chef for a short period time for Michael Jackson at the Ritz-Carlton in Las Vegas in 2001 or 2002,” he said.

Over the past five or six years, Rada was a chef at several restaurants in the Buffalo area. In January of this year, he and his wife, Fanchonya (call her Fan), and 5-year-old son, Ronin, came back to Corfu when Rada began work as a cook at the Downs’ Homestretch Grill.

He said the establishment’s transition to barbecue has been a hit with customers.

With a huge smoker outside, he whips up signature plates, including a new one called Wild Wild Weck (pictured below) – a combination of sliced smoked brisket and shaved beef knuckle, horseradish and Alabama white sauce on a brioche kummelweck roll.

He said the brisket is the most popular of the many choices on the menu – “it gets sold out almost every day,” he noted – with other favorites being the St. Louis-style spare ribs, the Texas-size baked potato that is big enough for three, and fried green beans.

Another coming attraction, Rada said, is the Notorious PIG, which he called “a heart attack in one sandwich.”

It consists of stuffed and smoked pork loin, Italian sausage, bacon and cheese on a brioche bun and topped with pulled pork, more cheese and a bourbon sauce.

Rada’s plan is to continue working full time at Batavia Downs while, with assistance from his dad, leasing space in the Village of Corfu for barbecue catering and (after the first of the year) takeout. The Corfu location also will be called Burnin’ Barrell BBQ.

The business site plan is scheduled for review by the Corfu Village Board next week, followed by a referral to the Genesee County Planning Board.

He said he will offer “more traditional” barbecue in Corfu along with another of his specialties: whole hog roasts.

“I do a ton of whole hog roasts for people. That’s one of my main wheels that people call me up for when I cater,” he said, noting that he gets the pigs from Always Something Farm in Darien. “Anything from the small suckling pigs that are 15 to 20 pounds to the whole hugs that are dressed at 220 to 240 pounds. That’s one of the first things I learned to cook in the smoker.”

Rada said to watch for “Whole Hog Saturdays” in Corfu during the summer months and, possibly on the first three Saturdays of this November, for a three-part whole hog cooking class at Batavia Downs.

Perfecting the smoking of beef and pork took quite a bit of trial and error, Rada said, mentioning that his wife, a native of Dallas, Texas – the home of genuine barbecue -- was a key part of the process.

“Before I got to start serving any of my barbecue, I had to get it approved by her – especially the brisket,” he explained. “I had to make a lot of brisket before I got the blessing to start serving it. She’s my biggest critic and my biggest fan.”

For more about Rada’s barbecue service, send him an email at burninbarrelbbq@gmail.com.

Photos by Mike Pettinella.

There may be serious injuries following a motor vehicle accident on Route 77 at Indian Falls.

Dispatchers are checking on the availability of Mercy Flight.

The accident involves a tractor-trailer and a passenger vehicle. 

Pembroke and Indian Falls along with Mercy EMS  dispatched.

There are power lines down in the area.

UPDATE 1:52 p.m.: A person is trapped in the vehicle.  Mercy Flight is on in-air standby.  East Pembroke responding mutual aid.

UPDATE 1:58 p.m.: Mercy Flight is canceled.

UPDATE 5:20 p.m. (Information and Photos from Alecia Kaus/Video News Service): According to Chief Deputy Brian Frieday, emergency crews were called to Rt. 77 and Indian Falls road about 1:47 pm. Preliminary investigation shows a passenger vehicle was headed west on Indian Falls Road and failed to stop at the intersection at Rt.77. The passenger vehicle was struck by a northbound tractor-trailer. Both vehicles ended up in a field northwest of the intersection. Frieday confirms there are two fatalities in the passenger vehicle.  The driver and one passenger in the tractor-trailer were not injured.

Not looking to branch out into the landscaping business, the Town of Batavia is taking steps to put the onus on solar companies to make sure their community solar projects are maintained and screened according to signed agreements with the town.

“We want to be green friendly but also want those who we do approve to stand up for exactly what they told us and informed us they would do,” said Town Building Inspector Daniel Lang at Tuesday night’s Town of Batavia Planning Board meeting at the Town Hall on West Main Street Road.

After hearing about modifications being made to the proposed Trousdale Solar twin 5-megawatt and 4-megawatt projects on Ellicott Street Road, one of them which addressed buffering the site from neighbors’ views, the board heard an update from Lang about issues at current solar farms.

Lang brought up the possibility of requiring solar companies to sign a landscaping bond, which would make them legally responsible for initial planting and regular maintenance of trees, berms and plants to ensure proper screening.

“It’s a code enforcement nightmare to maintain and ride around and figure out how many trees, what trees are dead, what trees are dying, when the best time to plant is,” he said, advising that the town’s solar committee will be meeting from 6 to 8 p.m. Thursday at the Town Hall to address these and other topics as it moves toward adopting a new solar ordinance.

He said a landscaping bond could be a way to solve the problem of unscreened solar sites by giving the town the necessary leverage.

“Right now, we don’t have the teeth other than letting them (solar companies) know that we’re going to pull their certificate of occupancy, certificate of compliance or shut them down,” he said.

Lang said Thursday’s meeting, which is open to the public, is expected to include representatives of the Wendel engineering firm, New York State Soil and Water Conservation and, possibly via Zoom, Ian Latimer, project manager for NYS Energy Research and Development Authority.

Currently, town employees have been dealing with plantings and stone issues at a few solar farms, Lang said.

Planning Board member Steve Tanner suggested requiring a special use permit for future projects, with Lang noting that could be an option.

ELLICOTT STREET CHANGES ADVANCED

Mark Sweeney of Albany, attorney for the Trousdale Solar venture on property owned by Planning Board member Don Partridge on Ellicott Street Road, provided an update on changes in two areas: the number of poles on the site and what he called “enhanced landscaping” measures.

Partridge recused himself from the conversation; no voting was conducted.

“We’re here basically to talk about how we’re trying to satisfy the conditions of approval for the project that you gave previously … in March or April 2020,” Sweeney said.

On the first modification, Sweeney (photo at right) said the goal is to ground mount as much equipment as possible. After meeting with and obtaining approval from National Grid, he proposed a plan showing a total of four poles.

Originally, the design had seven poles, he said, three to handle solar company Cypress Creek (Renewable’s) equipment and four for National Grid’s equipment.

Since then, developers were able to ground mount “both of the mutes – one for Cypress Creek and one for the utility company – and eliminate one pole altogether,” Sweeney said.

As far as screening is concerned, he said landscaping is proposed at the entrances and across any current gaps between trees, and a one-foot berm will be used to elevate the plants. He said the revision includes a “specific planting plan” outlining the types of species, sizes and numbers – with the company obligated to replace plants as needed.

Sweeney also said the solar company is willing to agree to a decommissioning bond (to be in force at the end of the project’s cycle). Lang advised him to work with Town Attorney Andrew Meier on completing the proper form.

Tanner said he supported decreasing the number of poles to four, although planners were hoping that number to drop to three.

“It’s definitely a good reduction,” he said. “Much better than it was.”

NY BUS SALES PRESENTS ITS PLAN

Lauren Rodriguez, civil engineer with LaBella Associates, and John Johnston, vice president of New York Bus Sales, opened the meeting with a brief presentation of the school bus company’s plan to place a 20,000-plus-square foot facility at the corner of West Saile Drive and Call Parkway.

The operation is set to be built on two parcels, covering 6.9 acres, in an area currently zoned both Industrial and Commercial. Rodriguez said they wish to combine the parcels into one Commercial zone, which does fit into the town’s Comprehensive Plan.

Details of the site plan are as follows:

• Three entrances – two off of West Saile Drive and one off of Call Parkway, with passenger vehicles (employees and others) to use the eastern entrance off West Saile Drive; bus deliveries and tractor-trailers heading for the loading dock would use the other entrances.

• The area around the building will be paved; the area used for parking of the buses will be gravel.

• The site will accommodate 20 passenger vehicles and 180 buses.

• Security lighting will be installed, along with a fence around the property and gates at the entrances. The stormwater facility will be located at the south end of the lot.

Johnston, who gave a more extensive report to the Genesee County Economic Development Center on Sept. 9, said NY Bus Sales receives school buses from the factory, prepares them, adds options if required and then – after inspection by the state Department of Transportation – delivers them to local school districts.

Planning Board Chair Kathleen Jasinski advised them the board will take up the matter again next month to review the site plan and conduct the State Environmental Quality Review.

Prior to that, the proposal will be heard by the Genesee County Planning Board and be the subject of a public hearing held by the GCEDC, which is offering $430,120 in tax abatements.

The company’s total capital investment is estimated at $4.5 million. The project is expected to create 24 additional full-time equivalent jobs paying $30,000 to $75,000 annually by year three.

Previously: GCEDC board of directors accepts application for New York Bus Sales facility in Town of Batavia

Photo at top: Town Building Inspector Daniel Lang at Tuesday night's Town Planning Board meeting. Photo by Alecia Kaus.

Fletcher M.  Royce, 33, of Dunham Road, Varysburg, is charged with criminal possession of a  controlled substance 3rd, driving while impaired by drugs, and DWI. Royce was located on Galloway Road in Pembroke after deputies received a suspicious condition complaint at 2:24 p.m., Sept. 17, and taken into custody by Deputy Trevor Sherwood and Deputy Erik  Andre. 

Jesslyn Faustine Bigelow, 25, of West Main Street Road, Batavia, is charged with harassment 2nd.  Bigelow is accused of harassing another resident of the apartment complex at 3727 West Main Street Road, Batavia.  Bigelow was issued an appearance ticket.

Cole Ryan Booth, 31, of Blasdell, is charged with criminal mischief and petit larceny. Booth is accused of damaging a vehicle and stealing its license plates in the parking lot of Darien Lake on Aug. 14.  He was arraigned in  Darien Town Court and released on his own recognizance. 

Alex Dumbleton, 28, of East Main Street, Batavia, is charged with attempted assault 2nd. Dumbleton,  being held at the Genesee County Jail on prior charges, allegedly attempted to kick a corrections officer.  Dumbleton was issued an appearance ticket.

Updated: 7 a.m.:

The City of Batavia Planning & Development Committee tonight approved the site plan of the Healthy Living campus, a $30 million joint venture of United Memorial Medical Center (Rochester Regional Health) and the GLOW YMCA on East Main Street.

The tally was 3-1 in favor of the layout, with Ed Flynn, Rebecca Cohen and John Ognibene casting “yes” votes and David Beatty voting “no.” The committee’s monthly meeting took place at the City Hall Council Board Room.

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Related story: Planning committee member sees Healthy Living campus site plan as 'missed opportunity'

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“We’re extremely satisfied. We listened to what the concerns were and we made adjustments. I think they were fair and we were fair,” said GLOW YMCA Chief Executive Officer Rob Walker.

Project Consultant David Ciurzynski and representatives of the Clark Patterson Lee architectural/engineering firm had appeared before the PDC two times prior to tonight’s meeting.

Over the course of lengthy deliberations, a few changes requested by the committee were made, most notably the removal of an entrance/exit on Summit Street and removal of parking spaces in the area just east of Genesee-Orleans Regional Arts Council, on a parcel where the YMCA currently sits.

Walker said developers surrendered about 30 parking spots to create more green space.

“When you’re in business, we want those spots, but out of respect for the process, we negotiated,” he said.

On the Summit Street issue, he said, “We met with the Summit Street (Neighborhood) Association and with a number of residents and we listened and we said, OK.”

“The traffic flow is going to work just fine as we have an exit on Washington (Avenue) and an exit on Bank (Street).”

Ciurzynski said the updated site plan shows the Summit Street exit removal and parking space adjustment, adding that there are no plans to build a wall or put up additional trees in the space between GO Art! and the new YMCA building.

PDC member Ed Flynn said the board received a letter from GO Art! stating its support of the Downtown Revitalization Initiative project as long as there was no wall.

Beatty then mentioned a site plan presented by Clark Patterson Lee and sent to Gregory Hallock, GO Art! executive director, was different from the final plan. He said he had hoped the PDC would have been able to see that document.

Ciurzynski said that was a previous drawing, calling it “much more elaborate than what we have and we’re not moving forward with that because of budget reasons.”

“The plan that you have (now) is the plan that we’re moving forward with,” he said, adding that the current plan has appropriate buffering on that back side (of GO Art!). “I understand that he (Hallock) may desire something more (but) technically it’s not his property. We have to be as good neighbors as possible, but we have to also manage our budget.”

The PDC reviewed the State Environmental Quality Review paperwork and determined no adverse impact. It did advise Ciurzynski, however, to make sure the GO Art! building is protected during construction as it is an historic structure. Ciurzynski said he would send the final site plan to the State Historic Preservation Office.

With the committee’s approval in hand, the timeline becomes much clearer.

Ciurzynski said construction documents should be complete by the late fall or early winter, and then bids will be solicited.

“Hopefully, by the end of the year, we’ll start seeing some (activity), with Cary Hall coming down. And start getting the site prepped and ready for construction in earnest starting in the spring,” he said, noting that the entire project will take about 20 months, including 14 to 16 months on the main two-story, 69,420-square-foot building.

“We’re trying to get everything done as quickly as possible so we can move in and take down the (existing) YMCA,” he said. “Start construction in the spring when the weather breaks, get the building up, get everything moved over into there from the existing Y to the new Y – get that operational – and then we can start looking at taking down the old Y and developing that site.”

He acknowledged the PDC’s opposition to the amount of parking on Main Street.

“They didn’t like the look of it (and) they wanted more of an urban park environment, so we sort of split the difference,” he said. “We gave up some very significant parking for our membership but we will find ways to work around that because it was important to the Planning & Development Committee.

“They’re looking out for the city; trying to make sure they can strike a balance. We’re a partner with the city, so we want to make sure that we can strike that balance that works for everybody.”

Even with the reduction of parking spots, the campus will accommodate about 200 cars. Walker said that hospital staff would be able to continue to park in the City Centre Mall parking lot.

As previously reported on The Batavian, the Healthy Living Campus will replace the current YMCA, and will feature YMCA amenities such as gymnasium, pool, locker rooms, multipurpose rooms, exercise rooms and a community living (common) area.

It also will have 10,000 square feet for the hospital’s Healthy Living (diabetes awareness and education) program as well as a medical clinic on the second floor as a teaching unit for medical residents, and space for RRH’s Baby Café, a breastfeeding program run by lactation specialists who offer education and support to any pregnant woman or breastfeeding mom in the community at no charge.

Graham to Build 'Infill' Addition

In other action, the PDC approved a site plan submitted by Graham Mfg. to construct a 2,500-square foot one-story infill addition on the south side of the industrial complex at 4-12 Howard St.

Chris Howell, facilities manager at Graham Mfg., said the company wishes to put in a metrology lab in the new space for non-destructive testing and a stockroom -- “and to do those things well we need a separate area, which is temperature controlled and where it is clean.”

Currently, the firm’s welding and grinding operations are integrated with this kind of testing, he said, and separating those processes will improve the metrology and non-destructive testing.

The plan also is subject to review by the city’s Zoning Board of Appeals due to the entire building’s coverage area on the lot being more than the permitted 40 percent.

Previously: City of Batavia Planning & Development Committee says 'no' to Summit Street access for Healthy Living Campus

Updated: 7 a.m.:

In voting against the site plan of the Healthy Living campus project, City Planning & Development Committee member David Beatty called it a “missed opportunity” to fully take advantage of the several parcels of land along East Main Street in downtown Batavia.

“I think, for me, it’s such a key project here for Batavia, a key to Main Street,” Beatty said following tonight’s meeting. “We’ve been trying to develop Main Street for decades. So, I think they missed an opportunity to really develop the site – and by site, I mean the entire site that goes all the way back to Washington (Avenue) because they own all of that property.”

Beatty (photo at right) said developers (and, in the end, his colleagues) submitted and approved, respectively, a site plan where they’re “basically adding more parking by taking the steam plant (that sits back from Main Street, west of Wiard Street) out.”

“I’m looking for more green space and a planned public space that could sort of feed off GO Art!” he said. “GO Art! is right there on Main Street and the idea of developing a large public space on Main … and feeding that into the Healthy Living campus, essentially. They refer to it as a campus, but it’s a building and a parking lot.”

Although not wanting to speak for GO Art! Executive Director Gregory Hallock, Beatty said he believes Hallock will be disappointed in the outcome of that particular space but also said he foresees the three entities becoming “good partners.”

“I think there could have been more to it. Again, it’s a missed opportunity. I think they could have done more and I mentioned that many times at various meetings,” he said.

Leslie Moma of Batavia, who serves on the GO Art! board of trustees, was in attendance tonight.

Afterwards, she told The Batavian that a previous “conceptual plan” created by the engineering firm of Clark Patterson Lee showed an expansion of the green space on Main Street and stretching north along the east side of GO Art! and the Genesee County Office for the Aging.

“In Gregory’s letter that he sent to the (PDC) board, he emphasized that there is this partnership that GO Art! has with the Y,” she said. (That plan) really did lend in our campus, the GO Art! campus, which will include the patio space – the courtyard space that is shared between GO Art! and the Office for the Aging,” she offered.

“So, that would be a seamless blend of this common space with the Y and could bleed right into their secondary entrance. But that’s not going to happen.”

Moma (photo at left) said that until the current Y building is taken down, “the barrier of that wall has created this confined space for us.”

“So, once it comes down, we’ll have to revisit what our landscape architecture plan will be for the courtyard and even our space where we can hold events,” she said.

She said the GO Art! board considers the courtyard as a key aspect to its fundraising efforts.

“Right now, with the parking how it has been approved, there’s going to be some conflict between the cars – that parking space – and how we’re going to be able to utilize the courtyard space. We see that as a funding mechanism … as we do have to raise funds for our operation.

“We appreciate the offer that the Y reached out and said they’d be happy to block out parking and things of that nature. But, we all know how we are as human beings.”

When it was mentioned that about 30 parking spots were removed from the plan, she said that “pushing it back a little further would have been ideal for us.”

“Once the demolition is done, we’ll have to see what those options are, and what we need to do to mitigate any impacts from the automobiles,” she said. “Maybe things will change as far as public opinion on parking, and how many people live downtown. Maybe more people will be walking to the Y. So, the use of having that extensive parking, at least so close to GO Art!, maybe it won’t be needed because of just how society is changing.”

Moma said that until the existing YMCA is torn down, the door is open to do something different with that space.

“There’s still the opportunity, we feel, that there’s hope to do something different with that space where it can be more of a collaborative, social, green active space, so that our programming and the Y’s programming can have this fluid activity time,” she said.

Press release:

On August 28, 2021, at approximately 1:45 a.m. officers from the City of Batavia Police Department were dispatched to a residential location on South Main Street for the report of potential gunfire.   Officers arrived on the scene and found that shots were fired at a residence and that no one was hurt.  Officers believe that the victim was the target of the crime, and this was not a random act. Anyone with any information is asked to contact Detective Sergeant Matt Lutey at 585-345-6311.

Prior to the construction phase, Genesee County will need to have its four-member corrections’ officer transition team in place to write policies and procedures covering the $70 million, 184-bed county jail proposed for West Main Street Road, just east of County Building 2.

County Manager Matt Landers last week updated legislators on the progress of the jail, continuing to express confidence that groundbreaking will take place next spring.

Appointing those to be on the transition team and reviewing and approving engineering specifications are current priorities, he said.

“We’ve always known that there was going to be a jail transition team that would be responsible for writing all of the policies and procedures of the new facility, and the (New York State) COC (Commission of Correction) requires that this team be hired as soon as the first shovel is in the ground,” Landers said.

The plan is to take four current county corrections’ officers and assigning them to the transition team, and then to “backfill” the positions that would be open afterwards.

“And that’s when we would hope to increase our efforts to hire more female COs because we will be housing females in the new facility,” he advised.

Landers said Assistant Engineer Laura Wadham and Deputy Highway Superintendent Paul Osborn are poring over the drawings to make sure “everything from a technical engineering perspective is being considered on the site.”

The county is continuing the State Environmental Quality Review process, working with the SMRT architectural firm of Portland, Me.

“Hopefully we can go out to bid near the end of the year and be in position to award contracts in the spring,” Landers said, adding that the new four-pod jail would include a backup E-911 Center. Currently, that service is located in the Genesee Justice building at 14 West Main St.

The county is planning to take out a 30-year bond to pay for the jail, with annual payments estimated at $3 million to $3.5 million, Landers said.

“Interest rates are historically low right now, which is in our favor,” he said. “Plus, this (financing of the jail) is one of the reasons for the restructuring of the sales tax distribution agreement with the towns and villages so we can utilize more of that revenue to pay off the jail.”

Landers said that portions of the sales tax proceeds and reserves would go to the debt service payment.

“Over the next decade or so, we would use less and less reserves on an annual basis, and more of the sales tax as sales tax revenue grows,” he noted.

In another development, Landers today said the Genesee County Legislature will be conducting a Committee of the Whole meeting at 4:30 p.m. Wednesday at the Old County Courthouse.

That meeting has been set up for legislators to go over the results of the 2020 Census as they pertain to population shifts in the county’s nine legislative districts.

"For us, we utilize weighted voting in Genesee County … so we have to go through the process of updating our calculations – updating the weighting of each legislative district," he said.

He said the process includes hiring a consultant to certify the results and then a public referendum on the November 2022 ballot to ratify the changes, which would take effect in January 2023.

The regular County Legislature meeting will follow the COW session.

File photo of, clockwise from left, lobby, kitchen, dayroom, visitation area of facility similar to proposed new Genesee County Jail.

Arthur Brown

There were no gunshots fired yesterday evening following a traffic stop near Mill Road on State Route 33 in Stafford after the driver ran into a cornfield -- either by the suspect or by law enforcement.

What was initially reported as gunfire turned out to be a wildlife scare cannon -- it emits loud blasts fueled by propane -- to deter birds and other wildlife from damaging crops.

The incident began at 6:04 p.m. when Howard Owens, publisher on  The Batavian, reported a silver Pontiac sedan heading west on Clinton Street Road being driven in an erratic manner.  

Near Mill Road, a Deputy was positioned in a laneway in a farm field waiting for the vehicle to pass.

The deputy initiated a  traffic stop across from a  sweet-corn-for-sale stand and a cornfield. As soon as the sedan stopped, the driver bolted from the vehicle and ran south into the cornfield.  The deputy initiated a foot pursuit but backed off when he reportedly saw the suspect remove a handgun from his waistband.

The deputy detained a female passenger in the vehicle,  placing her in handcuffs and returning her to the vehicle.

At that moment, there was a muffled boom, and Owens and the deputy took cover behind their respective vehicles.  The deputy reported, "shots fired."

Over the next 15 minutes or so an additional three blasts were heard.  During that time additional deputies and Batavia police officers arrived on the scene and Route 33 was closed in both directions. Owens was then evacuated from the scene by two deputies in a patrol vehicle.

Over the next few hours, additional law enforcement arrived from Monroe County and the State Police.  SWAT units on scene included one from Monroe County, one from the State Police, and the Genesee County Emergency Response Team. The DEC K-9 unit also responded.

Law enforcement had a preliminary identification of the suspect based on statements from the female passenger. 

The NYSP Aviation Unit helicopter was dispatched to assist and it coordinated with NYSP drone operators to search the area.  Also assisting were the Monroe County Sheriff's Office drone operators.

The suspect was located shortly after 11:20 p.m. in an area about one mile to the northeast of the original location near Westbrook  Road. He was attempting to seclude himself in a wooded area.

He was taken into custody without further incident. 

Law enforcement did recover a handgun during a search of the area where the suspect had initially fled. 

Taken into custody was Arthur J. Brown, 44, of Lake Street, Le Roy.  He was charged with:

• Criminal possession of a weapon 2nd
• Menacing a police officer
• Tampering with physical evidence
• Obstruction of governmental administration 2nd
• Criminal  possession of a controlled substance 7th
• Driving while impaired by drugs
• Failure to keep right

Brown was arraigned in Town of Stafford Court and jailed without bail.

The passenger of the vehicle was identified as Breanna A. Smith, 29, of Lexington Avenue, Rochester. Smith reportedly had an active warrant in Florida but Flordia officials declined to extradite Smith.  She was charged with criminal possession of a controlled substance 7th and issued an appearance ticket.

Top Photo: Sweet corn sign this morning at the incident location.

Previously: BREAKING NEWS: Shots fired after vehicle stopped on Route 33, near Mill Road

Smith being taken into custody just after the driver fled and just before the first blast was heard.