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Legislature fast tracks awarding of contracts for construction of Golden Road, Chili water pump station

By Mike Pettinella

Citing the “need for speed,” the Genesee County Legislature at a special meeting this afternoon approved a resolution to accept a pair of bids for the construction of a new water pump station along Golden Road in the Town of Chili to advance Phase 2 of the Countywide Water Project.

Legislators awarded the general construction contract to C.P. Ward, Inc., of Scottsville, for an amount not to exceed $2,825,533, and the electrical construction contract to Kaplan-Schmidt Electric, Inc., of Rochester, for an amount not to exceed $595,000.

The $3,420,533 total will be funded from bonds issued by the Monroe County Water Authority for the Phase 2 construction.

Prior to voting, County Highway Superintendent Tim Hens stressed that timing was the major factor in calling the meeting outside of the board’s normal schedule,

“The biggest concern is the need for speed, obviously, with the supply chain disruptions we’re seeing with COVID and long lead times, especially on things such as motor controls and pumps,” he said. “So, we want to give contractors the most time as possible to get the project completed.”

Hens said the completion date in the contract is June 1, 2022, but it could take up to eight months to receive the pumps. Thus, the importance of awarding the contracts to get materials ordered while the building is being erected.

He also pointed out that the cost is about $600,000 more than expected, but not as much as it could have been when factoring in the increased costs due to COVID.

“The original total bid package for the general and the electrical when we were designing this about two years ago was around $2.8 million,” he said. “With what we’ve seen with COVID bidding recently, I was really nervous that we would be up around $4 million. So, I’m actually very pleased that are inflation was somewhat muted.”

 

COVID-19 transmission rates on the rise in the region, moderate increase in Genesee County

By Press Release

Press release:

“According to the CDC COVID Data Tracker (https://covid.cdc.gov/covid-data-tracker/#county-view) Orleans County has increased to substantial level of community transmission,” stated Paul Pettit, Director of the Genesee and Orleans County Health Departments (GO Health).  “Genesee County is currently maintaining a moderate level of transmission for COVID-19.  This is not surprising as Niagara, Erie, and Monroe Counties are all considered to be at the substantial level of transmission.”

“We continue to monitor the data and update the Genesee – Orleans – Wyoming COVID Case Tracker map daily (https://experience.arcgis.com/experience/5f8401b0516247b490934303e3975e49/),” stated Pettit. 

Although we are not sending daily data updates to the media, the GO Health website is updated on Monday’s and Thursday’s with COVID-19 data and the public can access this information by visiting our website at www.GOHealthNY.org and clicking on Emerging Issues. 

Both Genesee and Orleans are experiencing an uptick of new cases of COVID-19, including some cases where the individuals are fully vaccinated.  This is not unexpected as we are seeing this across the state and nation.  This is what viruses do. Even for those who are fully vaccinated there is a chance the individual may become infected with COVID-19, especially due to the high transmission rate of the Delta Variant.  Although being fully vaccinated may not completely protect someone from getting COVID-19, the vast majority of those who have been fully vaccinated and have become infected had little or no symptoms or serious complications.

It is important for everyone who is not vaccinated and eligible, to get vaccinated as soon as possible. The vaccination is free and clinics are held weekly at each of the health departments (visit: https://bit.ly/GOHealthCOVID for updated clinics and locations). Pharmacies and health care providers also provide the COVID-19 vaccine and you can visit (www.vaccines.gov) for a location near you. If anyone has concerns about whether or not the vaccine is right for them, we encourage them to talk to their primary care provider.  

Per the CDC recommendations for communities with substantial or high spread of COVID-19 we encourage everyone to continue, vaccinated and unvaccinated, to continue practicing the following public health prevention precautions: 

  • Avoid touching your eyes, nose and mouth with unwashed hands. 
  • Wash your hands often with soap and water. 
  • If water is not readily available, use hand sanitizer. 
  • Wash and sanitize frequently shared/touched items.
  • Stay 6 feet away from others and avoid close contact with people who are sick.
  • Avoid crowds and poorly ventilated spaces.
  • Wear a face mask indoors in public if you are in an area of substantial or high transmission. 
  • Monitor your health daily and stay home if you are experiencing any symptoms.
  • Get tested if you are experiencing symptoms and self-isolate until you get your results back. If you test positive for COVID, you are to isolate for 10 days. 

“The best way to protect yourself from COVID-19 or health complications from COVID-19 is to get vaccinated,” stated Pettit. “Now is the best time to take advantage of getting vaccinated for COVID-19 before the new school term starts and the weather changes and we start moving back indoors”.   

Law and Order: Batavia man accused of forcibly touching Uber driver

By Howard B. Owens

Thomas Matthew Bergman, 22, of Park Road, Batavia, is charged with forcible touching. Bergman is accused of touching the intimate parts of a female Uber driver at 12:49 a.m., Aug. 1, at the Relax Inn on Park Road, Batavia.  Bergman was arraigned in Town of Batavia Court and released on his own recognizance. 

Karrie Morrow, 38, of Batavia, is charged with criminal possession of a substance 7th. Morrow's car was reportedly stopped at 1:15 a.m. on East Avenue on July 31 by Officer John Gombos.  Police say K-9 "Batu" alerted on Murrow's purse on the front passenger seat of the vehicle. The purse allegedly contained "illegal contraband." Morrow was processed at the jail and issued an appearance ticket.

Luis Santiago-Arroyo, 33, of Batavia, is charged with criminal contempt 2nd. Santiago-Arroyo allegedly violated an order of protection by calling the protected party.  He was issued an appearance ticket.

Alex Dumbleton, 28, of Batavia, was arrested in Rochester on three bench warrants out of Batavia and for failing to appear as directed on one arrest warrant. The arrest warrant was for alleged burglary 2nd and criminal contempt 2nd. Dumbleton was arraigned in City Court and ordered held on bail pending his next court appearance on Aug. 25.

Carlene Mahoney, 59, of Batavia, is charged with petit larceny. Mahoney allegedly took produces from a store on Ellicott Street without paying on July 28. She was issued an appearance ticket.

Brittany Lynn Bolton, 21, of Main Road, Stafford, is charged with petit larceny. Bolton is accused of stealing $293.80 in merchandise from Walmart in the Town of Batavia.  She was issued an appearance ticket.

Joseph Michael Dispenza, 27, of Lewiston Road, Batavia, is charged with two counts of harassment 2nd. Dispenza was allegedly involved in an altercation with two people outside the Autozone at 8347 Lewiston Road, Batavia.  He was issued an appearance ticket.

Carl Eugene Goodman, 34, of Main Street, Yorkshire, is charged with criminal contempt 2nd. Goodman allegedly violated a stay-away order of protection by calling the protected party multiple times for no legitimate purpose. Goodman was issued an appearance ticket.

Teresa Marie Stephenson, 31, of Cedar Street, Batavia, and Justin Thomas Stephenson, 36, of Cedar Street, Batavia, are charged with trespass.  Teresa and Justin are accused of being inside a building on Bethany Center Road Bethany, at 2:54 a.m., Aug. 6, without permission.  Both defendants were issued appearance tickets.

Anthony L. Vanelli, 43, of Batavia, is charged with petit larceny. Vanelli was arrested by State Police in the Town of Batavia at 6:10 p.m., July 28. No further details were released. He was issued an appearance tick.

Heat advisory in effect until 7 p.m.

By Howard B. Owens

The heat index today could reach as high as 100 degrees according to the National Weather Service has issued a heat advisory for the region.

The index will at least hit 95 degrees.

High heat and humidity may cause heat-related illness.

The NWS advises: 

Drink plenty of fluids, stay in an air-conditioned room, stay out of the sun, and check up on relatives and neighbors. Young children and pets should never be left unattended in vehicles under any circumstances. 

Take extra precautions if you work or spend time outside. When possible reschedule strenuous activities to early morning or evening. Know the signs and symptoms of heat exhaustion and heatstroke. Wear lightweight and loose-fitting clothing when possible. To reduce risk during outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks in shaded or air-conditioned environments. Anyone overcome by heat should be moved to a cool and shaded location. Heatstroke is an emergency! Call 9 1 1.

Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD

By Mike Pettinella

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

City Council to consider applying for TAP grant to enhance Bank Street between Main and Washington

By Mike Pettinella

City of Batavia Manager Rachael Tabelski and Maintenance Superintendent Ray Tourt are seeking to “tap” into a funding source that has benefited the community in the past.

Tourt, in a memo to Tabelski dated July 22, advised that the Genesee Transportation Council and New York State Department of Transportation put out a call to municipalities wishing to apply for 2021 TAP (Transportation Alternative Program) grants.

Ranging from $500,000 to $5 million, these grants are earmarked for planning, design and construction projects that “address improvements to non-driver safety, access to public transit and enhance mobility,” Tourt wrote.

TAP initiatives are eligible for up to 80 percent federal funding with a 20 percent local share match.

According to the memo, the city has received TAP grants before, including one for its Pedestrian Way and Healthy Routes to Schools projects. This year’s funding, if received, would be used for improvements on Bank Street between Main Street and Washington Avenue.

Per the memo, that area has been identified in both the Downtown Revitalization Initiative proposals and City Centre Feasibility study “to promote economic prosperity corridor to promote accessibility to downtown.”

The project would include streetscape elements, pavement markings, signs, accessible ramps, additional crosswalks, pedestrian corner “bump-outs” and/or center median refuge.

The city has contracted with LaBella Associates of Rochester to prepare the grant application.

Tabelski has drafted a resolution for Monday night’s City Council Conference Meeting and (if approved) for voting at the Business Meeting afterwards. The Conference Meeting is scheduled for 7 o’clock at City Hall Council Board Room.

In other developments, Council:

  • Will consider a resolution authorizing the city to act as lead agency for the State Environmental Quality Review for the renovation of Jackson Square – one of the city’s several DRI projects. Jackson Square is located between Jackson and Center Streets, next to Center Street Smoke House.

In a memo dated Aug. 3, Tabelski wrote that the city looks to complete the SEQR process and then notify “involved interested agencies” of the city’s intent to act as lead agency.

She is recommending that Council move the resolution from the Conference to the Business Meeting on Monday, approve it, and then for Council to move a resolution to issue a declaration at the Sept. 13 Business Meeting.

Tabelski wrote that design drawings from Architectural Resources of Buffalo are almost done, and construction is expected to begin at the end of October.

  • Will consider several event requests, as follows:

Batavia Players/Main St. 56 Theater Holiday Craft & Gift Sale – Dec. 3-4, 10-11, from 9 a.m. to 9 p.m. on Fridays and 9 a.m. to 4 p.m. on Saturday at the City Centre concourse.

Great Lakes & Attica Central Model Railroad Club Picnic – Aug. 19 from 6 to 8:30 p.m. at Farrall Park.

Batavia Police Community Night Out – Oct. 10 at City Church St. Anthony’s Campus on Liberty Street.

Batavia Players/Main St. 56 Theater Summer Youth Theater – Aug. 27-29, from 7 to 9 p.m. on Aug. 27-28, and 2-4 p.m. on Aug. 29, at the City Centre stage.

GO ART! Art Festival – Sept. 11 from 11 a.m. to 4 p.m. at the City Centre parking lot along Bank Street, featuring music, food trucks, beer tent, art vendors and demonstrations, dancing, theater and art walk.

Downtown Batavia Business Improvement District Wine Walk – Oct. 2 from 4-8 p.m. with 20 to 24 stops; a 21-and-over event for wine and cider tasting.

  • Will hold a public hearing Monday night on the rezoning of 211 and 211 ½ East Main St. from P-2 (Planned Development) to C-3 (Commercial) in connection with the Healthy Living Campus project.

The city also is seeking lead agency status for the SEQR for this venture.

Trial date set in Days Inn shooting for co-defendants

By Howard B. Owens
Jacob Sponaugle Devon Wright

A Batavia man facing multiple criminal charges, many of them stemming from alleged acts after prior arrests, didn't show up in County Court this morning.

According to defense attorney Nathan Pace, his client, Devon Wright, called him this morning and said that last night he had dislocated his knee, couldn't walk, and was in much pain and so wouldn't be able to make it to court.

The court clerk then revealed that Wright had also called the court and said he wanted a new attorney so he wouldn't be showing up for court.

At the request of District Attorney Lawrence Friedman, Judge Charles Zambito issued a warrant for Wright's arrest.

Zambito then proceeded with setting a trial date for Wright on two of the charges against him, attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd, along with his co-defendant in that case, Jacob Sponaugle.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

Both men were allegedly involved in an attempted gun sale gone wrong on July 22, 2020.  A third person at the scene was shot and wounded in the lobby of the Days Inn in Batavia.

According to Friedman, Wright was the person attempting to buy the guns.

Details of what transpired at the Days Inn that night have not been released.

Soon after Zambiot set a trial date of Sept. 13, Wright walked into court (showing no signs of any injury).

Dressed in sweats and a t-shirt, he stepped to the defense table and informed the judge that he would like a new attorney.  His complaint about his attorney was that he didn't think he and his attorney were on the same page, that Pace had called up Wright and informed him they needed to meet, and that Wright needed to go to Pace's office. Because Wright's driving privileges are suspended, he said he couldn't drive himself there.

"I can't make somebody drive me there," Wright said.

Zambito denied Wright's request for a new attorney finding his reason this close to trial without merit.  He instructed Pace to work with his client to find a suitable time and place to meet,  Pace told Zambito that he needed a quiet and private place to meet with his client, which is why he asked to meet at his office. Zambito said that if Pace's office is difficult for Wright to get to, the courthouse has conference rooms they can use to meet. He told Wright it is unreasonable for him to expect Pace to come to his house to meet.

Among the other charges still pending against Wright are:

  • Larceny, harassment, and endangering the welfare of a child from November 2019;
  • Attempted assault 1st and resisting arrest from December 2019 when he allegedly ran down a person on Highland Park; 
  • Sexual conduct with a person less than 15 years old and two counts of criminal sexual act from May 2020.

Wright remains free on bail set in the Highland Park case and Zambito has expressed frustration at his inability to set new bail in subsequent cases due to New York's bail reform law.

Previously:

National news site focused on criminal justice reform misses key facts in examining Genesee County

By Howard B. Owens

When reporters for a national publication focused on justice system reform looked for a county to illuminate the changes in jail population due to pandemic-related fluctuations, they settled on Genesee County and an inmate they thought illustrated the shifting priorities of the system.

The selection of Matthew Reed to help tell the story of a person who might have been mistreated by the system drew attention locally.  

Reed's name is familiar to anybody who regularly pays attention to published arrest reports.

In this case, Reed was highlighted for his conviction on a petty larceny charge -- he stole, as the story noted, $63 in bedsheets from Target. His example was perhaps colorful because his sentencing was delayed for months because of the closure of the Town of Batavia court during the pandemic. When he was eventually sentenced by Town Justice Andrew Young in May he was ordered to serve six months in the Genesee County Jail. (With good behavior, he should be out in about a month).

Reed told reporter Beth Schwartzapfel of The Marshal Project he thought the sentence under the circumstances was unfair.

Reed doesn’t understand the point of sending him to jail now, only further destabilizing his life. “They could have at least offered me drug court or some type of rehab or something,” he said in an interview from the Genesee County Jail last week.

While it's true Reed wasn't offered an opportunity for drug court or rehab, in Genesee County -- at least -- it's up to a defendant's attorney to ask the court to consider those options prior to sentencing, something Reed said his attorney didn't do even though he asked him to make that request.  Reed's attorney, Michael Guarino, told The Batavian after a recent court appearance on another matter that he did make that request, and it was rejected by the DA's office.

The Marshall Project story leaves the impression that stealing some bedsheets was Reed's only crime and he was given a harsh sentence after being left in limbo for months while awaiting his sentence.

That isn't the whole story, however.  In October 2020, Reed also admitted to a criminal charge of bail jumping in the third degree.  He was sentenced in May on both charges.  

While Young didn't give a reason for his sentence of six months for Reed, according to a recording of the proceeding obtained by The Batavian from the Town of Batavia Court, Young was made aware of the 38-year-old Batavia resident's prior criminal history, including multiple failures to appear and parole and probation revocations. 

These issues came up because Reed was requesting a delay in his sentencing over concern he wanted to collect one more disability check before going to jail so he could have some money on his books. This fact isn't mentioned in the Marshall Project story.

Assistant District Attorney Kaitlynn Schmit objected to the delay out of concern Reed wouldn't make a future court appearance.  She also brought to Young's attention a letter Reed had sent the court earlier asking that his case be expedited.  He was distressed by the COVID-related delay in his sentencing. 

While Reed's criminal history as an adult is lengthy, the prior arrests are all for relatively minor offenses, such as trespassing, harassment, and disorderly conduct.  His sentences over the years have included time in jail, community service, fines and probation. His longest sentence appears to have been 365 days in 2008 on a scheme to defraud conviction. 

Reached via email, Schwartzapfel said none of that -- not even the bail jumping charge included in his May sentence -- was relevant to the story she was writing.

The story's thesis is captured in the article's 28th paragraph:

The pandemic underscored what reform advocates have been saying for years: Cramped and filthy jails are the wrong place for most people who have been arrested.

In an email to The Batavian, Schwartzapfel wrote: 

To answer your questions, yes of course I did a criminal history search on Reed, and I knew he had also been charged with bail jumping, which is a very scary-sounding way of saying, he missed a court date. I could have included that, as well as the list of other priors (almost all years-old petit larcenies), but it wasn't really relevant to the point, which was, he stayed out of jail during the pandemic when he would have otherwise gone to jail; and now, months later, he's serving a delayed sentence.

While ADA Schmit is on leave, The Batavian reached out to District Attorney Lawrence Friedman for background on the case and the policies of his office on cases like this.  Asked about Schwartzapfel's characterization of her story, he said:

“Missed a court date” is a very nice sounding way of saying “bail jumping”.

Regardless of how old his priors are, they still factor in the determination as to what is an appropriate sentence.

Leaving out any other charge that was pending against him certainly misleads the reader about the nature of Reed's sentence, especially bail jumping.

I can’t understand the logic behind the contention that, because he hadn't been sentenced for so long, he shouldn't have been sent to jail.


AUTHOR DISCLOSURE: I first met Matthew Reed years ago while outside of our former downtown office and he asked me for money.  I gave him money then and two or three times in the next couple of weeks when he asked for money, usually with some story about his disability check being late or the funds not being available to pay his rent or needing money for food.  After three or four times of this, I told him I couldn't give him any more money.  Eventually, he stopped asking for money, including in the past year when I would see him almost daily in the area Ellicott Street and Liberty Street.


In the story, Schwartzapfel writes:

In the Genesee County Jail in New York, where Reed recently began a six-month sentence for petit larceny, there were, for a time, only 35 people jailed, down from 90 before the pandemic, according to data compiled by the Vera Institute. Defendants had court dates pushed off, and judges went to extra lengths to allow people to wait at home rather than in jail. (New York’s bail reform law also went into effect in early 2020 and reduced jail populations even further.) By March, there were 54 people jailed in the county lockup.

The numbers and actual events in 2019 through June of this year tell a more complex story, however.

It's true that prior to the pandemic, the Genesee County Jail inmate population did hit 90, and even higher at times, but the reduction in the jail population initially had nothing to do with the pandemic and the data doesn't suggest the pandemic had much impact on the inmate population other than delaying inevitable criminal convictions.  

The average number of inmates -- convicted and being held pre-sentence -- rather than "creep up" actually declined from April through June (The Marshall Project story was published in early June).

Long before any local judge had heard the term COVID-19, they were starting to obey a directive from the state court system to begin implementing bail reform.  The Assembly and Senate passed the new limits on bail for criminal defendants in the summer of 2019 and even though the law wouldn't officially take effect until Jan. 1, 2020, judges and town justices were directed to take the new guidelines into consideration when deciding on bail for newly arrested defendants.  Defense attorneys were well aware of this directive and were sure to remind judges of the new guidelines at every opportunity. 

The Genesee County Jail population started dropping around August 2019 when there were 85 inmates in the jail.  By December, that average daily count had dropped to 55.  In February of 2020, when the novel coronavirus was still a distant threat, the local jail population fell to 37 and would remain at or about that level throughout the regional height of the pandemic.

In December 2020, when the total new number of COVID-19 cases in Genesee County peaked on Christmas Eve at 101, the average daily number of inmates hit its highest number since the beginning of the year, 42.  As the number of new cases locally began to drop and more people were out and about, the average daily population of the jail did start to increase, hitting a total of 55 in April. 

March and April were the first months in the previous 10 when more than 300 crimes were reported in Genesee County in a single month.

The drop in crime in 2020 could be a factor -- as some local officials think --  of police reluctance to interact with people unless absolutely necessary.  But, perhaps, a lot of would-be criminals were equally reluctant to interact with other people, meaning fewer victims.  Or with less activity in the community, there were just fewer opportunities to do something wrong.  We'll never know for sure but the fact remains, the lower the number of crimes reported, the fewer people arrested, the fewer people held in jail (with or without bail reform), and the fewer people convicted of crimes.

The other factor was for much of 2020, most courts in the county were closed. That created a backlog of arraignments, plea agreements, trials, and sentencing. 

"We're still pushing to sentence people convicted from more than a year ago," said Friedman. "If you think about what happened here, no courts, no grand jury for four months last year, we're playing catch up."

One tangential result of the delay in court cases, Friedman said, is it is much harder to get defendants to accept a plea.  Why accept a plea, he noted, when you know the court calendar is jammed and you can put off going to jail just waiting for your case to get called before a judge?

Fewer people accepting pleas means fewer people in jail.

It's Schwartzapfel contention that she didn't intend to single out Genesee County as treating convicted criminals more harshly but to use Genesee County as an example of a national trend.

"I intended to use it as a county that was very much in step with how most other counties are handling jail populations post-pandemic," Schwartzapfel said.

This seems to indicate, then, that other counties nationally are not locking away many convicted criminals, which is counter to the narrative of the Marshall Project story, or, as the local data indicates, Genesee doesn't fit the national trend and wasn't a good example to use in the story.

The number of sentenced inmates being held in the Genesee County Jail dropped precipitously in 2020 and has remained relatively low. The highest average daily count of sentenced inmates in the Genesee County Jail in 2021 peaked at 11 in March, not even half of the lowest numbers of 2019.

The delays in sentencing have been the largest contributing factor to the drop in total inmate count locally (Schwartzapfel leaned on total population counts, not the different segments of pre-sentenced and sentenced inmates), so contrary to the impression left by the Marshall Project Story, Genesee County is not rushing to lock up new convicts.

But this isn't the doing of judges, as the Marshall Project Story states, it's the response of defendants that are leading to delayed jail sentences, Friedman said.

"Because of what has happened and we're still very slow in courts, people don't have the same incentive to accept a plea offer," Friedman said. "They think, 'let things go. Time is on my side."

Meanwhile, if your concern is bail reform, something Schwartzapfel said was not a focus of her story but does matter if your goal is to reduce the number of people held in jails, the local crime data offers little assistance to either side of the debate.

Crime dropped dramatically in 2020, the first full year of bail reform, but that almost certainly has more to do with the pandemic than anything else and the pandemic may have masked bail reform's full effect on crime.  On the other hand, crime rates in four of the first six months of 2021 exceed the rate of 2019 but dropped below both 2019 and 2020 in June. So it's a mixed bag with too little data -- and the available data is tainted by other factors -- to lead to any meaningful conclusions.

The headline-grabbing unintended consequence of bail reform is anecdotal, not statistical, such as the repeated arrests of Devon Wright and the frustration of County Court Judge Charles Zambito at his inability to hold him, legally, in jail.

One clear result of bail reform, Friedman said, is, again, people are less likely to accept a plea offer.

"If I'm out on the street, why should I go in and plead guilty and go to jail," Friedman said. "When people are already in jail, they're more likely to say, 'Let's get this done.'"

The other downside of bail reform, according to Kevin Finnell, Friedman's first assistant, is that when defendants don't show up for court, judges can't issue warrants like they used to. They first have to reschedule the hearing and give the defendant up to another month to appear.

Since judges started implementing bail reform, the number of people held in jail before sentencing has been cut roughly in half, if not less.  There are still 30 to 40 people a month held in jail who have yet to be convicted of the crime that led to their confinement.  Bail reform isn't benefiting as many defendants as the public seems to believe.

Friedman has a sense that there are at least some defendants who, because of bail reform, have used the opportunity to re-offend, and that concerns him.

"Anecdotally, we all know of cases involving people who have been on the street who wouldn't have been otherwise and they continue to commit criminal offenses," Friedman said. "I can’t give you statistics or how many would have been locked up before bail reform. But I don't think you can say, 'Well, people who have been released, they're not committing crimes anymore because obviously, that's not the case."


 

Rogers: Housing project in the Village of Le Roy hinges on science-based stormwater retention plan

By Mike Pettinella

Cold hard facts about a stormwater retention plan apparently will determine the fate of a Batavia businessman’s proposal to build a 60-unit senior residential complex off East Avenue in the Village of Le Roy.

“I’m looking for scientific information – I don’t want anybody’s opinion – that can tell me that the project is going to have no impact upon groundwater or, actually, will improve the situation that the residents are feeling now, including the (Le Roy) golf course,” said Le Roy Mayor Greg Rogers this morning.

“I still believe there is a need for that type of housing in the community … but the main thing is that the water issue has to be a non-issue.”

Rogers presided over a meeting on Monday night that was attended by about 50 village residents at the Town of Le Roy courtroom. The purpose of the meeting was for the board to conduct the State Environmental Quality Review for the project.

After the first two sections of the long form were completed, the SEQR then was put on hold, Rogers said.

When asked if the water issue was the reason for tabling it, he said “it had more to do with the overall project.”

When asked if the site plan submitted by Eric Biscaro, owner of Armor Building Supply in Batavia, was in jeopardy, Rogers said, “I wouldn’t say that, it’s just that we’re in the information gathering process.”

“I’ve always contended that the stormwater part of it – the stormwater plan -- was the deal breaker on the whole thing. If any of the properties get more stormwater than they’re getting now, that’s a deal breaker. Right now, for me, it’s all about the water.”

If photos provided by LeRoyan Tom Frew are any indication, standing water in yards in the Poplar Lane and Orchard Drive area as well as nearby Mercy Grove and Le Roy Country Club is a major concern that needs to be addressed.

Frew, a Poplar Lane resident, has been outspoken in his opposition to the project, claiming that the 30 duplex patio home rentals on a 20-acre parcel that runs east of East Avenue are not compatible with the neighborhood. He also is against the village spending money to improve East Avenue and is concerned about the increase in traffic.

Biscaro’s plan, estimated to cost around $9 million, also calls for the development and sale of eight single-family home building lots along an extension of that street.

Contacted this morning, Frew said that a heavy rainfall two weeks ago caused a foot and a half to two feet of standing water behind a neighbor’s home near the intersection of Poplar and Orchard (see photo above).

“That that took a few days to flow out through a buried pipe that goes down parallel with Orchard Drive and dumps into a creek which flows over to Mercy Grove and the golf course,’ he said. “The golf course had two holes under water.”

Frew said turbidity is another issue.

“You could only see about six inches down in the two feet of water, and (Mercy Grove and Le Roy Country Club owner) Jim Gomborone said that when the water recedes on the golf course, he has suspended solids all along the lower shore line that came from that water,” he added.

Frew agreed with Rogers that water “seems to be the tiebreaker.”

“He (Biscaro) will have to build a retention pond to hold and contain it, and then slowly release the water,” he said. “That was where the rubber met the road at the meeting last night.”

Rogers said the developer is on board with village officials when it comes to providing necessary and accurate information relating to water runoff.

“His engineer had sent the water remediation plan to CPL (Clark Patterson Lee) for review, but CPL didn’t feel that they had enough information at that point and time,” Roger said. “So, we’re going to do our due diligence among Biscaro, Clark Patterson and the DEC (NYS Department of Environmental Conservation) to get accurate information on the water remediation plan.”

The mayor said the next step is a public hearing at 7 p.m. Aug. 18 at the Memorial Auditorium on Trigon Park in the village. The public hearing originally was to be held at Le Roy High School but the school is not available, Rogers said.

“After that and if all the information is in regarding the water, then we can go back and adopt Section 3 -- if that’s where it leads us,” he said.

Photo at top: Poplar Lane resident Gerry Robinson in standing water behind his home. Photos at bottom: Standing water at Mercy Grove and Le Roy Country Club following a recent steady rainfall. Submitted photos.

Driver accused of creating 'grave risk of death' in high speed pursuit through Batavia

By Howard B. Owens

A Batavia resident figures he missed being involved in a serious accident by one second with a car "easily going 100 mph" on Bank Street Road yesterday.

"(The car) had to swerve towards college road," David Austin told The Batavian in an email. "I thought for sure he was going to wipe out but he corrected and I could hear him accelerate. Scared me more than I have ever been. If I would have made that turn 1 second later I probably wouldn't be here."

The alleged driver of that car was James Matthew Lepore, 23, of Rio Grande Drive, North Chili.

According to the Sheriff's Office, Lepore failed to stop for a deputy who spotted his car exceeding the 55 mph speed limit on Route 33 in Stafford.  The deputy pursued and the car continued into the Town of Batavia and then into the city before heading north on Route 98.  There law enforcement successfully deployed a spike strip and the car was forced to a halt.

According to the arrest report, Lepore "recklessly engaged in conduct that created a grave risk of death by unlawfully fleeing a deputy in a motor vehicle and intentionally went into the opposite lane of travel causing other motorists to swerve out of the way to avoid a head-on collision, all while traveling at speeds in excess of 90 to 100 mph."

After the stop, Lepore was allegedly found in possession of an unregistered firearm and a controlled substance. 

Lepore is charged with:

  • Reckless endangerment in the first degree
  • Criminal possession of a firearm
  • Unlawful fleeing a police officer in the third degree
  • Criminal possession of a controlled substance 7th
  • Speed in excess of 55 mph
  • Plus, 21 traffic offenses.

Lepore was arraigned in Town of Batavia Court and under terms of bail reform released on his own recognizance.

The lead investigators in the case are Deputy Travis DeMuth and Investigator Kevin Forsyth.  Assisting in the incident were Sgt. Andrew Hale, Investigator Howard Carlson, Investigator Joseph Loftus, Investigator Ryan DeLong, Deputy Kyle Krzemien, Deputy Josh Brabon, Deputy Kyle Tower, Deputy Andrew Mullen with K-9 "Frankie," members of Batavia PD and the State Police.

Law and Order: Rochester woman accused of filing false claims to get food stamps

By Howard B. Owens

Kristin Renee Forte, 33, Alandale Avenue, Rochester, is charged with grand larceny 3rd, eight counts of offering a false instrument for filing 1st, and five counts of forgery 2nd. Forte is accused of omitting wages she earned while working when filing for SNAP benefits.  She allegedly received $3,767 in SNAP benefits she was no eligible to receive.   The case was investigated by Social Services Officer Robert Riggi.  Forte was arraigned and released on her own recognizance. 

Jay Daniel Lucas Schutt, 33, of South Pearl Street, Oakfield, is charged with harassment 2nd. At 11:30 p.m., Saturday, Schutt allegedly tackled and wrestled with another person on the ground at a location on South Pearl Street, Oakfield. Schutt was issued an appearance ticket.

(name redacted upon request), 24, of Cayuga Creek Road, Alden, is charged with evidence tampering, criminal possession of a weapon, criminal possession of a controlled substance, driving while impaired by drugs, and speed not reasonable and prudent.  xxxx was arrested following an investigation into a single-vehicle accident at 5:36 a.m., March 1, on County Line Road, Darien.  xxxx was allegedly found in possession of a controlled substance and a semi-automatic handgun.  xxxx was released on an appearance ticket.

Andrea Elizabeth Tucker, 23, of Payne Avenue, Tonawanda, is charged with harassment 2nd. Tucker is accused of making threats and hitting another person while at Darien Lake at 4:11 p.m., July 27.  She was issued an appearance ticket.

Dandre Bud Browning, 27, of Stevens Avenue, Buffalo, is charged with DWI, driving with a BAC of .80 or greater, and speeding. Browning was stopped at 12:03 a.m., July 25, by Deputy Zachary Hoy on Pearl Street Road, Batavia.

Angela Flowers, 50, no residence provided, is charged with criminal contempt 2nd for allegedly disobeying a subpoena by failing to appear in court. Flowers was issued an appearance ticket.

Kim Mobley, 58, no residence provided, is charged with petit larceny. Mobley allegedly stole multiple items from Save-A-Lot. She was issued an appearance ticket.

Antonio Goodson, no age provided, no residence provided, is charged with petit larceny. Goodson allegedly stole items from a local business on East Main Street, Batavia.  Goodson was issued an appearance ticket.

Jacqueline Hale, 33, no residence provided, is charged with assault 3rd.  Hale allegedly punched another person multiple times in the facing causing injury.  Hale was issued an appearance ticket.

Russell Blummer, 48, no residence provided, is charged with harassment 2nd. Blummer was arrested following a disturbance complaint on Thorpe Street at 9:58 p.m., Sunday.  Blummer allegedly punched a victim.  He was released on an appearance ticket.

Patrick Waite, 53, no residence provided, is charged with DWI and refusal to take a breath test. Waite was stopped at 6:05 p.m. at an undisclosed location in the City of Batavia by a police officer. Prior to the stop, police received a traffic offense complaint.  Waite was released following his arrest.

Nathan Royse, 29, no residence provided, is charged with menacing 2nd and criminal possession of a weapon. On Saturday, while on Willow Street, Batavia, Royce allegedly menaced another person with a real or imitation pistol.  Batavia PD was assisted by NYS Parole in the investigation. Royce was also charged with speed not reasonable, reckless driving, failure to stop at a stop sign, not wearing a helmet, and an uninspected motor vehicle.  Only 23, Royce was arraigned in Batavia City Court following an investigation into events that occurred July 19.  Royce allegedly fled from police in that incident. 

Ronnie Allen, 34, no residence provided, is charged with criminal mischief 4th and endangering the welfare of a child.  Allen was allegedly involved in a neighbor dispute at a location on South Main Street, Batavia. Allen is accused of breaking the door of a neighbor's residence.  He was issued an appearance ticket.

Matthew Olcott, 42, no residence provided, was arrested on a City Court warrant and held in County Jail on an unrelated warrant from the Sheriff's Office.

Francisco Martinez, 48, no residence provided, was arrested on a warrant for alleged failure to appear.  Martinez was arraigned and released on his own recognizance.  He is scheduled to appear on July 28 for sentencing.

Tommy Crawford, 32, no residence provided, is charged with criminal trespass 3rd and criminal impersonation.  Crawford is accused of entering and remaining unlawfully in a residence on Jackson St., Batavia, at 1:26 p.m., July 3, and he then provided police with a false name during the investigation.  Crawford was issued an appearance ticket.

Rosemary Waters, 35, no residence provided, is charged with criminal trespass and criminally possessing a hypodermic instrument.  Waters is accused of remaining unlawfully in a condemned residence on Jackson Street on July 3.  She was issued an appearance ticket.

City of Batavia Police Department garners tremendous support for Community Night Out on Aug. 10

By Mike Pettinella

If the number of sponsors is any indication, next Tuesday’s Batavia Police Community Night Out should be quite an event.

Thirty-seven business, organizations and individuals have signed on to support the outreach, which is scheduled for 5:30 to 8 p.m. Aug. 10 at the City Church St. Anthony’s campus at 114 Liberty St.

“We’re excited over the response to this initiative, which is aimed to bring the community and police together to build positive relationships, and to highlight the various services available,” said Detective Matthew Wojtaszczyk, event coordinator.

Wojtaszczyk mentioned that a “secondary goal” is to raise money for the City of Batavia Police K-9 program, specifically K-9 Officer Stephen Quider and his dog, Batu. The duo and Genesee County Sheriff’s Deputy Andrew Mullen and K-9 Frankie are expected to demonstrate their abilities at the gathering next week.

Batavia Downs Gaming and Western New York Heroes, Inc. (which provides services to veterans) are diamond sponsors of the event that offers entertainment in the forms of a bounce house, balloon artist, games at vendor booths, and pony rides through A Horse’s Friend Trail Riding & Youth Programs based in Rush.

Additionally, Police Chief Shawn Heubusch and Assistant Chief Chris Camp have offered their services at the dunk tank, which will raise money for the K-9 fund.

The Batavia Fire Department will conduct car seat safety checks in the public parking lot next to Wortzman Furniture.

Vendor agencies include Genesee/Orleans Council on Alcoholism and Substance Abuse, Genesee County Youth Bureau, Genesee County STOP-DWI, Genesee County Probation, Tobacco Free WNY and Batavia Community Schools.

Wojtaszczyk said a designated bus drop area will be set up at Central and Pringle avenues that night, with handicap parking available in the lot located at 236 Ellicott St. (just south of Borrell’s Gym).

Other sponsors are as follows:

Gold -- City of Batavia, Western New York Association of Chiefs of Police, New York State Association of Chiefs of Police, City of Batavia Fire, Graham Corporation, Chapin International, Extended Sound, Genesee County Sign Shop, Batavia City Church, Target, The Daily News. Eli Fish Brewing Company, Ken Barrett Chevrolet, WBTA, McGinnis Family, Tonawanda Valley Federal Credit Union, Genesee Family YMCA.

Silver -- Batavia Police Benevolent Association, A Horse’s Friend, Tompkins Bank of Castile/ Insurance, Batavia Family Dental, Northside Deli, Ficarella’s Pizzeria, Southside Deli, V.J. Gautieri Constructors, Inc., Genesee County Economic Development Center, Pathstone Corporation, Canisteo Police Club, Cedar Street Sales & Rental.

Bronze -- Tom Benedict and family, Bob Bialkowski, Habitat for Humanity of Genesee County, Notre Dame High School, O’Lacy’s Irish Pub, The Radley Family.

Photos from 2019 Community Night Out -- dunk tank and officers on horseback.

Man shows up at ER with gunshot wound, police open investigation

By Howard B. Owens

Press release:

On August 1, 2021, at approximately 5:00 a.m. officers from the City of Batavia Police Department were dispatched to RRH-UMMC’s emergency department for a report of a gunshot wound.  Officers interviewed the victim, a male, who arrived at the hospital seeking treatment. The victim is in his early 40’s and officers believe that the victim was the target of the crime, and this was not a random act. The location of the incident is unknown. The victim was transported to Strong Hospital in Rochester where he was treated for non-life-threatening injuries and released.  Anyone with any information is asked to contact Detective Sergeant Matt Lutey at 585-345-6311.

Despite loss, lack of playoff berth, first-year of collegiate baseball in Batavia ends on a high note

By Howard B. Owens

The collegiate-player version of the Batavia Muckdogs finished out its inaugural season in a way that was rare when professional ballplayers passed through town -- with a stadium full of fans excited to see a team they embraced in 2021 because the team embraced this city.

"It’s been great," said Tom Turnbull, a regular Dwyer Stadium visitor, and local community leader. "You can see the spirit, the vibe, the college kind of rah-rah that the players have and it’s carried over into the stands. People are just happy to have the Muckdogs back. It’s just been a wonderful year. They’ve been a part of the community and when you go to a concession stand and the owner is working the cash register, you know they’re invested in the city. It’s been fantastic."

For a Thursday evening, the stands were packed and there was a palatable excitement in the air.

"We’re thrilled, my wife and I pleasantly surprised," said owner Robbie Nichols during a conversation at a table where fans were bidding on player jerseys. "You can sea from the crowd tonight the support we’ve recieved. We had a short season to put it together. You’ll see next season, this place will be packed every night."

The reason for the success, Nichols noted, is the team -- not just Nichols and management staff, but coaches and players -- have gotten involved in the community over the past couple of months, in a way the pro players of the previous era never did.

Community is what is also about Nichols said.

"We always say, my wife and I are the holders of the keys but this is a community team," Nichols said. "You see people over there in line, talking, having a beer, people bringing their grandkids to the game, and that’s what it’s all about.  It’s America’s game. It’s about bringing your family to the ballpark and Batavia answered the bell and this crowd is amazing."

Community is a big reason Nichols announced before last night's game that he's offering Coach Joey Martinez and two-year extension on his contract.

"It’s community first," Nichols said. "Wins and losses are important but it’s how we are out in the community, attending events and doing things. I think our team did a great job this year and we want to continue that. That’s what I want to continue. I like working out in the community helping everybody we can especially special olympics, challenger division baseball, the parades we did, reading to people, the veterans, all the stuff we did, that’s what I’m most excited about."

The players enjoyed the year, too.  Players who have more college eligibility after this season have said they want to come back to Batavia next year.  That will go a long way building a stronger baseball organization.  Martinez only had a short time after the Muckdogs joined the Perfect Game Collegiate Baseball League to recruit players and few potential players knew anything about Batavia. After this season, Nichols noted, that will change. He said this year's players will go back to their schools and tell the best players on their teams, "you want to go to Batavia."

“I think the team is really going to improve next year," Nichols said.

This year, the Muckdogs finished just out of the running for a playoff spot with a final record of 22-19, one game behind Geneva for the coveted second playoff spot of the Western Division. If not for a rainout and some rescheduling confusion with Geneva, maybe the Muckdogs would have had a better shot at the playoffs, but last night's loss to Niagara wouldn't have helped matters.

Starter Julian Pichardo, who has been the ace of the staff this season, got hurt by three first inning errors and gave up a couple of solid base hits allowing Niagara to score three first-inning runs.  Pichardo battled through 3 1/3 innings giving up four hits, three runs (only one earned), and striking out two.  He finishes with a 4-2 record and a 2.46 ERA.

Abner Benitez had a big night at the plate going 3-5 and driving in five runs.  He finishes the year with a .282 BA and 27 RBIs.

"Next year going to have win early and win often (to make the playoffs)," Nichols said.

Photos by Philip Casper. Top photo: Dewey wishing there was more Muckdogs’ baseball in Batavia this year.

Young fans at Dwyer catching some up close pregame action while the players warm up.

Charlie Szykowny & Julian Pichardo

Coach Jose ’Skip’ Martinez after being offered a 2-year contract extension by Robbie Nichols

Charlie Szykowny 

Dancing on the dugout with Dewey

Blair Frederick charging towards first after a successful bunt

Blair Frederick crossing home plate 

Daniel Burroway

Julian Pichardo thanks the fans as he walks off the field for the last time in 2021

Consultants are meeting with as many people as possible in effort to fortify county's emergency response model

By Mike Pettinella

Genesee County Emergency Management personnel are keeping employees of the consulting firm that has been hired to evaluate and fix the county’s emergency response capabilities very busy during their first visit to the area.

Four representatives of Municipal Resources Inc., based in Plymouth, N.H., arrived in Batavia on Tuesday and will heading back home on Saturday morning. During their 4 ½-day stay, they are meeting with a variety of stakeholders in the process – from the Genesee County Legislature to Chamber of Commerce officials to fire chiefs to governmental managers to business leaders to the Genesee Association of Municipalities.

“We’re getting in as many meetings as we can to help them conduct their interviews, collect data and solicit feedback primarily of the state of the volunteer fire and EMS service in this county,” Emergency Services Coordinator Tim Yaeger said today. “They wanted to be busy – morning to night, so we’re trying to get to as many stakeholders as we can before moving to the next stage where surveys will be sent out.”

Yaeger said the county will utilize Chamber of Commerce marketing and communication tools to get the surveys out to the businesses community and work with the municipalities to get them out to the public.

As previously reported on The Batavian, Genesee County is paying MRI Inc. up to $101,675 to study of the emergency response situation in the county and to develop a plan to ensure that all areas have enough staffing at all times to meet the public’s needs and expectations.

MRI Inc. officials in town at this time include Brian Duggan and Peter Finley Jr., director of Fire EMS & Emergency Management Services and senior associate for Fire EMS & Emergency Management Services, respectively.

Yaeger, once again, emphasized that the overwhelming majority of feedback is pointing to the lack of consistent and adequate staffing at the volunteer fire companies.

“It’s below where we need it to be, and we need to find a way to increase that activity level and the participation level of every fire department in this county,” he said. “How we get there is why they have been hired.”

Genesee County Manager Matt Landers said he is open to “any model they (MRI officials) bring forth that has merit and makes sense.”

“Whatever way they want to utilize the county, I will certainly examine it and look at it – kick the tires – and, if it makes sense, I will certainly put my weight behind it,” Landers said. “Obviously, we are invested because the county is paying for the study and, right there, it should show the community at large that the county is invested in finding a solution for the long-term viability of fire delivery and emergency management services.”

MRI representatives met with Landers and county legislators last night.

“We’re all interested in hearing what workable solutions that can be put forth. No one is interested in having another study that sits on a shelf. We need action items and one of the action items can’t be just leave it alone,” he offered.

Yaeger said options may include incentives to attract more volunteers into the system, including compensation for volunteer firefighters, with the main priority being the safety of firefighters and residents alike.

“It’s kind of intriguing because these consultants as they go across the state realize that this problem is nationwide; this is not a New York State-centric issue or Genesee County-centric issue. This is very much a United States issue,” Yaeger said. “It’s going to be interesting to see that what fits and works in our county may not work in Orleans County.”

Calling it a five- or six-step process that will take some time, he said this week’s schedule of meetings with MRI consultants is an initial phase. Meetings are as follows:

Tuesday – Emergency Services Task Force.

Wednesday – County Manager, HP Hood, Genesee County Economic Development Center, Town of Alabama supervisor (pertaining to WNY STAMP), Chamber of Commerce, Emergency 911 Center officials, County Highway Superintendent (pertaining to the county water supply), Emergency Management Services staff, Fire Advisory Board, GAM.

Today – City Manager, City Fire Chief, Orleans/Wyoming/Monroe county fire coordinators, County 911 Board, Le Roy Ambulance director, Six Flags Darien Lake administration, fire department administrators, municipal fire station visits

Friday – Town of Batavia supervisor, Mercy EMS administration, E3 Communications and continued tour of the county.

“They’re looking to get a real good feeling of the county, including the agricultural impact and our current businesses …” he said. “Also, they will be starting to look at fire stations, fire equipment and fire trucks, which really has never been done; an assessment of our fleet, countywide.”

PROPOSED JAIL COST INCREASE

Landers also reported that an updated cost estimate of the proposed new Genesee County Jail has increased from the pre-COVID price of just shy of $63 million to $69 million.

“I was afraid that the project was going to go up to about $80 million, so I guess to only have a $6 million increase – as crazy as that sounds …,” he said, adding that the county should be able to offset some of that by using American Rescue Plan Act funding it received.

He said the legislature on Wednesday gave the go-ahead to move forward with the project, and that he plans to hold another meeting with the jail committee to make sure there is a consensus for the 184-bed design there as well.

The legislature asked Landers to update the jail operating expenses projections, too.

“Unless something crazy comes out of that, they are supportive of the 184-bed design, four pod jail,” he said.

Weather, supply chain delays on maintenance work making for foul odor in some parts of Batavia

By Howard B. Owens

Bureau of Maintenance Superintendent Raymond Tourt today confirmed what many Batavia residents have been complaining about on social media for several days: foul ordors.

The odors were emanating from the ponds at the Waste Water Treatment plant and were more prevalent on Sunday and Monday, Tourt said in an email. 

Maintenance work at the plant has played a role but so has weather, Tourt said.

"Even with adding a supplemental air compressors the odor seemed to hang low and drift  further than the norm but this does happen on occasion even if we were not replacing the air lines," Tourt said. "These were hot and humid days and we think that the weather played a part in the ponds being noticed further from the WWTP.  

"It is unfortunate, but we have incurred delays of materials.  For this reason the contractor advanced the project as far as they could until the supply chain could catch up. Manufacturers and distributors are struggling to make their commitments and this is one of the projects that was impacted due to the supply line being disrupted.   

"All materials appear be at the site or have confirmed delivery to be delivered this week.  Work will resume on Monday  and optimistically will be completed through the months of August and September.  This project remains a priority and we would like to see it completed as soon as possible."

Man accused of being a sexual predator facing additional child abuse charges

By Howard B. Owens
Melvin Huntley

A 40-year-old Batavia arrested earlier this month on sex abuse charges has been arrested on additional child sex abuse charges.

Melvin Andre Huntley, of Wilkinson Road, is charged with two counts of sex abuse 1st.  The children are less than 11 and less than 13 years old.  He is also charged with two counts of endangering the welfare of a child.

On July 8, he was arraigned on charges of predatory sexual assault against a child; course of conduct against a child in the first degree; first-degree rape; first-degree sex abuse.

The Sheriff's Office said of the first set of charges that Huntley was arrested after an investigation into him sexually assaulting a child/children over an extended period of time.

These new charges are the result of the ongoing investigation.

The Sheriff's Office is not releasing more information about the case at this time.   The investigation remains ongoing.

Huntley is being held in the Genesee County Jail without bail.

The case is being investigated by Howard Carlson.

County mental health director credits Olympic gymnast for having courage to recognize wellness issues

By Mike Pettinella

Simone Biles, arguably the most dominant gymnast ever, with a combined total of 30 Olympic and World Championship medals, is exhibiting a great deal of strength by acknowledging the mental health issues that have led her to withdraw from the team and individual all-around competition at the 2020 Tokyo Olympics.

That’s the opinion of Lynda Battaglia, Genesee County’s director of mental health and community services, who shared her thoughts with The Batavian this morning.

“I think it took a lot more strength for her to recognize that she really wasn’t in the right ‘head space’ and that it was in her best interest to withdraw. I think she is leading by example to say that’s it’s ok to not be ok,” Battaglia said.

Biles, 24, pulled out of the women’s gymnastics team final on Tuesday (Team USA ultimately captured the silver medal) and has decided not to defend her individual all-around gold medal, which is set for Thursday.

A statement from USA Gymnastics indicated Biles has withdrawn to focus on her mental health, and has not decided on whether to compete in next week’s event finals.

Appearing on the Today show, Biles said: “Physically, I feel good, I'm in shape. Emotionally, that kind of varies on the time and moment. Coming to the Olympics and being the head star isn't an easy feat, so we're just trying to take it one day at a time and we'll see.”

Previously, she revealed that she has been in therapy and takes medication to deal with anxiety issues.

'Weight of the World'

Battaglia said that Biles’ statement that she has “the weight of the world on her shoulders” speaks volumes.

“I guess my question is why should any person, maybe beside the president, feel that kind of pressure?” Battaglia asked. “We’re human beings. We are not designed to be perfect (but) Olympians and elite athletes strive and practice excessively to achieve that perfection.”

Intense pressure comes in many forms and can hit people in all walks of life, she said.

“Even people academically. That kind of stress is not just in the athletic world but also in academics – students trying to get scholarships or pushing themselves to achieve greatness,” she said. “I believe in hard work and achieving greatness, but not at the cost of one’s mental health.”

Christian Bartz, a licensed clinical social worker with his own practice, Batavia Counseling & Wellness, mentioned that Biles is a trauma survivor, having acknowledged that she was abused by the gymnastics' team doctor.

Trauma Compounds the Problem

"In Simone’s case, she is a victim of abuse, and we know this because she was brave enough to disclose it," he said. "If we’re going to talk in particular about Simone, if there’s something that you and I may be afraid of, like if I’m afraid of heights, that fear trigger for Simone is going to touch on trauma. This is a trauma survivor."

Bartz said the general public doesn’t truly understand the adverse impact of trauma.

"We don’t need PTSD (post traumatic stress disorder) to still have trauma in our life," he said. "And where there’s trauma, there’s a rewiring of your brain, so fear hits you differently; pressure hits you differently. So, with her trauma being connected to their team doctor … directly connected to the sport in which she competes in, it makes it even more difficult for her."

Battaglia, an adjunct professor of Social Work at the University of Buffalo, said she hopes those watching the Olympics can empathize with the athletes who have dedicated their lives to their craft.

It's Not Fair to Pass Judgment

“Olympians are trying to be the best in the world, and the entire world is watching them. I think it’s easy for people to watch it on TV and to be disappointed, if you will, if the United States comes in second place or somebody withdraws or doesn’t perform to that perfection level,” she offered. " I think it’s very easy for people to judge and be disappointed, but is that how they really should react? They’re not walking in their shoes.”

Battaglia also noted that the COVID-19 pandemic and the ensuing delay in having the Olympic Games have added to the uncertainty and insecurity.

“In the case of the Olympics, it was delayed a year and now you’ve got another year of training,” she said. “And now you’re going to a country with no spectators – you might not have that family support that you’re hoping to have. Not only is the world watching you, but now you’re in a country where there still is a significant risk of COVID.”

The number of people seeking mental health treatment has increased dramatically since COVID, she said.

“We, people in the field, were expecting that. We’re going to see a ripple effect and it’s going to linger for quite some time.”

File photo of Simone Biles, courtesy of NBC News.

Law and Order: K-9s in Batavia and Alabama assist in arresting violent suspects

By Howard B. Owens

Michael J. Perkins, no age provided, no residence provided, is charged with assault 2nd, criminal mischief 4th, criminal obstruction of breathing/blood circulation, and grand larceny 4th. It's alleged at 12:05 a.m., Sunday, Perkins assaulted another person resulting in serious physical injury. He's accused of taking the person's phone while they attempted to dial 9-1-1 at a location on Ellicott Street and then applied pressure to the person's neck causing difficulty in breathing.  Perkins reportedly fled the residence prior to officers arriving.  Officer Stephen Quider and K-9 "Batu" responded and tracked the suspect.  Perkins was located as he was attempting to flee through backyards near a city park.  He was taken into custody without further incident. Perkins was also taken into custody on a Federal probation warrant.  He was arraigned in City Court and held without bail.

Jarrot Coniglio

Jarrett C. Coniglio, no age provided, no residence provided, is charged with assault 2nd, criminal possession of a weapon 3rd, resisting arrest, and obstructing governmental administration.  Justice C. Coniglio, no age provided, no residence provided, is charged with obstructing governmental administration and resisting arrest. The two men were arrested Saturday after deputies were called to Bloomingdale Roud to investigate an assault. A person had sustained a head laceration after being struck with a beer bottle. After deputies arrived on scene, Jarrett and Justice allegedly became hostile and combative.  Deputy Andrew Mullen and K-9 "Frankie" assisted in the apprehension of the suspects. Both men were arraigned in Town of Alabama Court. Jarrett was ordered held on $5,000 bail. Justice was released on his own recognizance and turned over to the Wyoming County Sheriff's Office on a warrant.

Richard Daniel Sanderson, 36, of Lyons Street, Batavia, is charged with criminal contempt 2nd.  Sanderson was arrested at a location on Main Road in Stafford, arraigned in Stafford Town Court, and released on his own recognizance.

Antonio James Goodson, 31, of State Street, Batavia, is charged with three counts of petit larceny. He is accused of shoplifting at Walmart on July 22, 24, and 25. He was issued three separate appearance tickets and transported to the County Jail for processing. He was then released from custody.

Amanda Bowles, 35, of Pembroke, is charged with petit larceny. Bowles was arrested in the Town of Batavia by State Police at 1:22 p.m., Saturday.

Aaron M. Hatt, 25, of Alexander, is charged with criminal contempt 2nd, criminal possession of a controlled substance 7th, and aggravated family offense. He was arrested by State Police in Batavia at 2:20 a.m., Sunday and released on his own recognizance.

Tiffany A. Delgado, 44, of Rochester, is charged with DWI and driving with a BAT of .08 or greater. Delgado was arrested by State Police in Batavia at 3:27 a.m., Saturday, in the Town of Batavia, and released on an appearance ticket.

Holowach Scholarship recipient credits Genesee Valley BOCES Health Academy for providing solid foundation

By Mike Pettinella

The Gary Hammond Golf Tournament returned to Le Roy Country Club on Monday after having to miss a year due to the COVID-19 pandemic, and the 92 golfers who participated had a chance to see firsthand the fruits of the event that has raised $137,500 for the Holowach Memorial Scholarship Fund over its 32-year history.

That’s because Batavia High School graduate Haylee Thornley, recipient of the first-place $2,000 scholarship in 2021, accepted the invitation to share her academic achievements and goals at a luncheon following the four-person scramble tournament.

The Holowach Memorial Scholarship Fund is named for Charles “Chuck” Holowach, Ed.D., who served as the district superintendent of Livingston-Steuben Wyoming Board of Cooperative Educational Services from March 1982 until his untimely death in December 1988.

The golf tourney is named in honor of Gary Hammond, a retired assistant superintendent for the Genesee Valley Educational Partnership, who served the district for 16 years.

Hammond was among the participants in the event, which now is coordinated by Charles DiPasquale, director of Adult Education, and Leslie Yorks, business and finance manager, both at Genesee Valley BOCES.

Thornley, while thanking the scholarship committee, emphasized “determination and perseverance” in her speech. She stated that she has decided to pursue a doctorate in Physical Therapy at Daemen College in Buffalo after suffering anterior cruciate ligament tears in both knees while playing sports.

“After tearing my ACL twice, resulting in three surgeries and years of physical therapy, I knew it was the profession I wanted to pursue,” she said. “Therapy requires a great deal of mental toughness and resilience that everyone may not be able to find within themselves.”

Graduating in the top 10 percent of her class with a 98.96 average, Thornley said that her enrollment in the Genesee Valley BOCES Health Academy, instructed by Laurie Napoleone, was a key factor in helping her to prepare for the six-year program at Daemen. She also plans to pursue a double minor in Biology and Business.

“Even though this year looked extremely difficult due to COVID, Mrs. Napoleone gave us the knowledge and skills we needed in order to move on to college and begin our health professions’ programs,” she said.

Thornley said the Health Academy offered 21 college credits through health and social sciences courses, and provided hands-on training in Cardiopulmonary Resuscitation (CPR), Automated External Defibrillator (AED), emergency response and clinical teaching.

“Through Health Academy, I was able to shadow physical therapists and work with patients at Jackson Elementary School, Village Physical Therapy and the PT department at United Memorial Medical Center,” she said. “The knowledge and hands-on experience that Health Academy offered ... allowed me to gain a deeper understanding of patient care, treatment and the daily routines that exist in healthcare facilities and communities.”

A Trustee Scholar winner from Daemen College, Thornley is the recipient of numerous scholarships, including those from the Batavia Business & Professional Women’s Club, Lions Club, Kay Dean Memorial and Genesee Region USBC.

Holowach Scholarships are given annually to assist outstanding career and technical education students with college expenses. The selection process includes written application, teacher recommendations, and a personal interview with the selection committee. Selection criteria includes citizenship, financial need, dedication to and achievement in his/her chosen field.

Other Holowach Scholarship recipients this year are as follows:

Batavia CTE Center

Karly Smith, Oakfield-Alabama. Enrolled in the Justice Academy, she plans to study study Psychology at Roberts Wesleyan College and hopes to become a Crisis Intervention Psychologist and work for a law enforcement agency.

Daniel Gersitz, Attica. Enrolled in the Precision Machining Program, he plans to attend Alfred State College in the fall and study Machine Tool Technology. 

Mount Morris CTE Center

JoAnna Regatuso, Mount Morris. Enrolled in the Agriculture Production Program, she will attend Morrisville State College to study Equine Science, with a career goal to train horses.

Angelita Clark, Geneseo. Enrolled in the Health Dimensions program, she plans to attend Genesee Community College and study Nursing, aspiring to become a nurse or physician's assistant.

Siobhan Costello, Keshequa. Enrolled in the Agriculture Production Program, she will attend Houghton College in the fall to study Equestrian Studies: Barn Management.

Photo: From left, Leslie Yorks, Genesee Valley BOCES business and finance manager; Charles DiPasquale, Genesee Valley BOCES director of Adult Education; Haylee Thornley; Julie Donlon, Genesee Valley BOCES deputy superintendent; Kevin MacDonald, Genesee Valley BOCES district superintendent. Photo by Mike Pettinella.

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