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The community is pulling together, rallying around a family of six that was burned out of their home at 37 Maple St., Batavia, yesterday morning.

There are a few donation and fundraising efforts that have started since news of the fire hit local news home pages yesterday.

A new store, the Junk Drawer, at 238 Ellicott St., is accepting item donations for the family, and Ally Scofield has set up a GoFundMe page for the family.  

Items that can be dropped off at the Junk Drawer include clothing items for boys age 3- to 6-months and age 10 to 12. Size 14 and 16 women's pants, 2x-3x women's shirts, men's 32 and 34 pants, women's 12-15 pants, and women's large shirts. They also need personal items such as shampoo, soap, etc.

The GoFundMe campaign has set a goal of raising $5,000 and has already exceeded $3,000.

The family had lived at the residence for three years but did not have renter's insurance. They lost seven pets and all of their personal belongings and household items.

Top photo: City Fire Chief Stefano Napolitano comforts Bentley Sherman, who lived at the residence with his mother and grandmother.

Daniel William Knauss Jr., 51, of West Park Street, Pavilion, is charged with third-degree menacing. On March 29, Knauss turned himself into the Genesee County Jail. The charge stems from an incident at 7:10 p.m. on March 25 in which Knauss allegedly chased a person around a yard on West Park Street while conveying verbal threats, causing the person to fear physical injury from the defendant. Knauss was processed at the jail and released on an appearance ticket to be in Town of Pavilion Court on April 6. The case was handled by Deputy Andrew Mullen, assisted by jail Corporal Chaya and jail deputies Bartholomew and Strumpf.

Ian Robert Standinger, 24, of Brookview Road, Rochester, is charged with: false personation; speeding -- doing 76 mph in a 30-mph zone; unregistered motorcycle; uninspected motorcycle; operating a motor vehicle without insurance. At 3:57 p.m. on March 30 on Ford Road in Elba, Standinger was stopped for allegedly speeding. Upon interviewing him, he allegedly identified himself with a false name. He was also charged with operating an unregistered, uninspected motorcycle without insurance. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

A family lost all personal belongings as well as three dogs and six cats in a house fire this morning at 37 Maple St., Batavia.

The cause of the fire is under investigation.

"A neighbor said a fire and I was going, just 20 different things going on, I didn't know what was going on," said Marlene Hartford about the start of the fire.  

She lived at the house, she said, with her daughter, son-in-law (who wasn't home at the time), and two grandchildren.  

Hartford said the family, which had lived on Maple Street for three years, did not have renter's insurance. Chief Stefano Napolitano said Red Cross will provide temporary shelter, clothing and food.

Press release:

At 10:38 a.m. on March 30, the City of Batavia Fire Department was dispatched to a reported structure fire located at 37 Maple St. The first arriving fire units were on scene at 10:40 a.m.

Upon arrival, firefighters found heavy fire involvement on the southeast corner of the home, extending from the first floor to the attic. Responding crews made an aggressive, coordinated exterior and interior attack and were able to confine and contain the fire to the interior of the home. The situation was called under control by on-scene fire command at 11:21 a.m.

Due to the intensity of the fire, the home received significant heat damage throughout, along with smoke and water damage. Additionally, three dogs and six cats perished in the fire. 

At this time the City of Batavia’s Fire Investigation team with assistance from the City of Batavia Police Department’s Detective Bureau is investigating the fire to determine the origin and cause.

City fire was assisted at the scene by Mercy EMS, City of Batavia Police Department’s road patrol and Detective Bureau, City of Batavia Bureau of Inspection, Bureau of Maintenance and Water Department, along with the Town of Batavia and Darien fire departments, with additional support provided by the Genesee County Emergency Dispatch, National Fuel and National Grid.

(Initial Post)

City Fire Chief Stefano Napolitano comforts Bentley Sherman, who lived at the residence with his mother and grandmother.

Matt Landers of the Batavia Kiwanis Club hides the 12th Kiwanis Golden Easter Egg today at Centennial Park as part of the service organization's holiday promotion with Oliver's Candies. Landers will hide the final egg on Wednesday.

A note inside the egg tells the story:

Congratulations! You have found one of the 13 Kiwanis Golden Easter Eggs! This entitles you to an Oliver’s Chocolate Easter Bunny! To collect your chocolate bunny, arrive with this note and the Golden Egg at the south side of Centennial Park on Saturday, April 3^rd at 10 a.m. We will have all of the prize winners gather for a picture with the Easter Bunny as they collect their chocolate bunny. We hope you had fun looking for the Golden Egg, and wish you and your family a very Happy Easter! (Note: Only one Golden Egg per family can be redeemed and winners must be 12 and under).

Photo by Mike Pettinella.

A house fire with heavy smoke and flames showing is reported at 37 Maple St. in the city. Fire crews are on scene. The road is shut down at Jackson and Maple. A resident has told a dispatcher she is going into the residence to retrieve her purse and she was adamently told not to do so. A second alarm is called.

Mercy medics are en route. Command says everybody's out of the house and they have water on the fire.

UPDATE 10:44 a.m.: National Fuel is called to the scene to shut off the natural gas pipeline. Two Town of Batavia engines called to stand by in quarters. Darien Rescue is called for mutual aid and Alexander's Fast team, too.

UPDATE 10:48: Mercy medics are standing by at Maple and Evans streets.

UPDATE 10:57 a.m.: Town of Batavia Engine #24 is called to the scene.

UPDATE 11:21 a.m.: Command asks dispatch to call for an inspector.

UPDATE 11:41 a.m.: A grandmother who has been renting the house for three years says the fire started outside but they don't know how it happened. She was inside with her grandchild, daughter and son and they all made it out safely. She had multiple pets and believes two of her dogs perished in the blaze and she is uncertain about the fate of her cats. She lost everything inside and had no renter's insurance. More T/K.

UPDATE 1:38 p.m.: The scene is turned over to the caretaker of the property and the city assignment is back in service.

City Fire Chief Stefano Napolitano comforts Bentley Sherman, who lived at the residence with his mother and grandmother.

Update: March 30, 1 p.m.

County Manager Matt Landers provided the amount of sales tax that New York State will divert from Genesee County for 2021 to be used for Fiscally Distressed Health Facilities/Other State General Purposes (FDHF-GF) & Aid and Incentives to Municipalities (AIM)-related Payments:

FDHF-GF Sales Tax Diversion

January 15, 2021 -- $251,636

Rest of calendar year 2021 -- $185,632     

Total -- $437,268

AIM-related Payment Sales Tax Diversion

May 2021 -- $69,124

December 2021 -- $234,489

Total -- $303,613           

Grand Total -- $740,881

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In the Genesee County manager’s eyes, it seems as though the more New York State gets, the more New York State wants.

Matt Landers today said he supports the New York Association of Counties as it attempts to reverse a recent local sales tax diversion law that, according to NYSAC, is removing more than $59 million a year from communities across the state.

“I’m in full agreement of the push by NYSAC to stop this diversion, especially in light of the fact that the state has been given funding through the federal stimulus to assist with nursing homes,” Landers said. “There really isn’t a need to divert county sales tax to go toward assisting distressed hospitals and nursing homes.”

Earlier this month, Congress passed the $1.9 trillion American Rescue Plan Act and appropriated $23.8 billion to New York, with more than half of that going directly to the state government.

Landers emphasized that sales tax is a major source of revenue for more than half of the NYS counties, and also for towns, cities, villages and school districts that have sales tax sharing agreements with their counties.

In 2019, local governments shared $2 billion in local sales tax revenues, NYSAC reported.

The county manager said some municipalities had their state Aid and Incentives to Municipalities funding reduced or eliminated and then put back in – with sales tax diversion cover their AIM – and some will receive their full AIM.

“The governor’s proposal had it so that the AIM will be covered by sales tax diversion, but the Senate and the Assembly have different versions of that. So, until we see a final bill, I’m not sure what the final impact will be,” he noted. “But the sales tax diversion and the AIM situation are just two more examples of the state taking county sales tax for other purposes."

NYSAC President Jack Marren said local governments, now more than ever, need their full share of sales tax and state Aid and Incentives to Municipalities.

“Strong local governments make for a stronger state, and as New York recovers from the economic devastation wrought by the coronavirus pandemic, it is imperative that those of us who have been serving on the front lines of responding to the crisis be provided with the resources and the flexibility we need for a full recovery,” he said.

In a related development, Landers said he is against the formula being proposed to distribute the 13 percent sales or excise tax attached to the legalization of cannabis.

“The state plans to keep 9 percent of that 13 percent and they’re distributing the 4 percent to municipalities. The problem is that instead of putting it through as sales tax and letting sales tax sharing agreements divvy the money appropriately, they’re providing 3 percent directly to towns, villages and cities, and just 1 percent to counties,” he said.

Landers said that flies in the face of common sense.

“Just think about it? What municipalities are being impacted the most by legalization of marijuana?” he said. “If you look at the services that are delivered, it should go to criminal justice and human services agencies that the county runs – whether it’s the public defender’s office or the DA office, sheriff, the jail, mental health, health department. What does the typical Genesee County town have in services that would be impacted by the legalization of cannabis compared to a county?”

Landers mentioned that he understands some cities are planning to use income from marijuana legalization to pay for programs unrelated to what likely will arise from the increased usage of pot.

“The money should be to fund unintended consequences from the legalization of marijuana. There are going to be public health and other effects – just like the VLT (Video Lottery Terminal) money that was given to municipalities that have gambling in their areas,” he said. “That doesn’t mean that you go and create a new, unrelated program and put the money there. It should be used to offset the societal costs that you’re going to be hit with as a result of that activity.”

He said that some cities have their “wish list” of things that they want to do and now they have a new revenue stream to do that.

“In Genesee County, we would take that money and apply it to whatever effects it had on our budget as a result of the legalization. Unfortunately, though, I think it’s pretty much a done deal and we’ll have to accept the reality.”

Press release:

• Genesee County reporting 34 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 90s. 
  • Twenty of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Two of the current positive individuals are hospitalized. 
  • One of the new positive individuals is a resident of the New York State Veteran’s Home at Batavia.

​

• Orleans County reporting 11 new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their, 0-19s, 20s, 30s, 40s, 50s, and 60s.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the current positive individuals is hospitalized.
  • Four of the new positive individuals are inmates of the Albion Correctional Facility.

For 29 years in the Florida Keys, a Genesee County girl was known only as "Valentine Jane Doe."

She had been raped and murdered on Valentine's Day, 1991, her body found the next day by a group of windsurfers walking on a path near a beach. Investigators noted two things about her: she had no tan lines suggesting she was from the north and hadn't been in Florida long, and she had a small heart-shaped tattoo with the word "love" in it.

Over the summer, using DNA matching with relatives, she was at long last identified as Wanda Deann Kirkum, who was 18 at the time of her murder. Wanda was born in Hornell but had spent most of her life in Genesee County going to schools in Pavilion, Batavia and Oakfield.

For those 29 years, her remains were stored in a Florida Social Services vault but recently her ashes were returned to her closest living relative, first cousin Brenda Chartraw.

Chartraw said she and Wanda were close as children and now, after her cousin being known only as a Jane Doe for so many years, Chartraw wants to make sure her name is memorialized with a proper burial in a final resting place and headstone. Kirkum will be lain to rest at a cemetery in Oakfield.

The headstone is being donated by Oakley Monuments of Batavia but Chartraw is asking for the community's help with the rest of the fundraising. She has set up a gofundme.com page and is holding a basket raffle at the Caryville Inn in Oakfield this Saturday from 11 a.m. to 3 p.m. Tickets will be drawn at 4 p.m.

Wanda ran away from home when she was 18. Chartraw said Wanda was physically and sexually abused by her father and mother. Her parents, who are both now dead, apparently had no interest in finding her and did not file a missing person's report.

The family believed, Chartraw said, that Wanda wanted to start a new life and had believed that she had done so, without suspecting that she had been killed.

Chartraw said the case of the Valentine Jane Doe was kept top-of-mind within the Monroe County (Florida) Sheriff's Office by the dispatcher who first took the call of Kirkum's body being found by the windsurfers. The case was featured on national television shows but no leads were ever uncovered until this past year.

One of the detectives working the case uploaded Kirkum's DNA to a genealogy site -- using a technique pioneered in California in the Golden State Killer case -- to identify a fourth cousin of Wanda's. With that match, detectives found another family member and acquired a DNA sample to confirm the match.  

Using DNA, detectives also identified Kirkum's killer, Robert Lynn Bradley, who was 31 at the time of his murder in Texas the year after he killed Kirkum.  

NOTE: Family members say that Kirkum never gave birth to a child, as suggested in the video.

Nia Hanevin Spring, of Meadville Road, Alabama, is charged with third-degree grand larceny. At 7 p.m. on March 23, Genesee County Sheriff's deputies responded to 986 Bloomingdale Road in the Town of Alabama for complaints of trespassing and larceny at the Rez Smoke Shop and Gas Station. Spring allegedly stole $9,501 in merchandise from the business. She was arraigned in Alabama Town Court and released on her own recognizance. She is due in Genesee County Court on May 18. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Emery Green, 32, no address or place of residence provided, is charged with criminal possession of a weapon on school grounds, 4th, a Class A misdemeanor. He was arrested and processed at Batavia Police Headquarters after an investigation into an allegation that he possessed a firearm on Batavia City School District property. He was arraigned virtually in Batavia City Court and is due to return there on April 13.

Joshua Williams Sr., 29, no address or place of residence provided, is charged with: criminal possession of a weapon in the third degree; second-degree menacing; endangering the welfare of a child; and second-degree harassment. He was arrested at 4:26 p.m. March 17 after a domestic incident in which he allegedly attempted to hit a person with a brick. He was arraigned in Batavia City Court and put in jail on $5,000 cash bail, $10,000 bond, or $15,000 partially secured bond. He is due back in city court on April 22.

Clarence Wesley Odell, 52, of Corfu (no address provided) is charged with: felony driving while impaired by drugs with a previous conviction within 10 years; felony aggravated unlicensed operation of a motor vehicle in the first degree; refusal to take a breath test; operating an unregistered ATV; and unlawful operation of an ATV on a public highway. At 11;38 p.m. on July 30, Odell was arrested after a traffic stop on South Pearl Street in the Village of Oakfield. He was arraigned on March 5 in Oakfield Town Court and is due back there on April 5. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Jacob Gauthier.

James F. Perry, 36, (no address provided), was arrested and charged with first-degree criminal contempt after a disturbance at 1:30 p.m. March 16 on State Street in Batavia. He was allegedly observed in the presence of a person with an order of protection from him. He was arraigned in Batavia City Court and put in jail in lieu of bail (unspecified). He is due back in court April 15.

Peter Joseph Mancuso, 32, of Northwood Drive, Batavia, is charged with fourth-degree criminal mischief and second-degree criminal contempt. On March 26 Mancuso was arrested for allegedly causing damage to a door and doorknob at a residence on Roberts Road in Alabama at 11 a.m. March 10 in violation of an active order of protection. He was arraigned in Alabama Town Court and released on his own recognizance. Judge Charles Zambito issued a full stay away order of protection to the Roberts Road resident. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Ryan DeLong.

Cynthia McKnight, 22, of Avenue D, Rochester, is charged with: aggravated driving while intoxicated per se -- with a BAC of .18 or more and no prior convictions; DWI -- first offense; and failure to stop at a stop sign. On March 27 at 6:41 p.m., Genesee County Sheriff's deputies responded to Route 33 in the Town of Bergen for a single-vehicle accident. After an investigation, McKnight was arrested on the charges. It is alleged she was driving while intoxicated and failed to stop at a stop sign, causing her vehicle to go off the roadway and into a field. She was released with appearance tickets and is due in Town of Bergen Court on April 7. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower.

Press release:

The Genesee and Orleans County Health Departments have Pfizer and Moderna vaccination clinics with appointments available for Genesee and Orleans counties' residents.

Whichever COVID-19 vaccine is available is the right vaccine to get now! All approved vaccines are effective and saves lives. We encourage anyone that is currently eligible to register for an upcoming clinic.

Vaccine is now available for people age 50 and older along with the existing priority groups (http://bit.ly/NYSPriorityGroups).

Pfizer is a two-series dose, 21 days apart (three weeks), and is recommended for people aged 16 and older. Moderna is a two-series dose, 28 days apart (four weeks), and is recommended for people aged 18 and older.

It is important to note that you must be able to return for the second dose 21 days for Pfizer or 28 days for Moderna after the first dose at the location, you received your initial vaccination. You will be making that appointment after you are vaccinated.  If you cannot make that date, please do not make an appointment for a two-dose series until you can make both appointments.  

Visit the vaccination webpage at:  https://bit.ly/GOHealthVaccine.

Choose either the Moderna Clinic or the Pfizer Clinic button to make your appointment. When you register, it will also show which vaccine will be at the clinic during that day.  In Genesee County, the clinics are held at the Athletic Center at Genesee Community College in Batavia and in Orleans County, the clinics are held at the Ridgeway Fire Hall in Medina.

If you are interested in making an appointment to get your COVID-19 vaccination, now is the time to do it locally!

More than 3,000 National Grid customers spread out over more than 15 locations in Genesee County had power outages following heavy winds that swept through the region late this morning and afternoon.

The outages include:

• Le Roy and Bergen (centered in the Village of Le Roy), two outages affecting 2,435 customers. A crew has been assigned and it is accessing conditions.
• Bethany, one outage along Bethany Center Road just south of Ellicott Street Road, 20 customers. A crew has been assigned.
• Alexander, two outages, both just north of the village, affecting 75 and 81 customers. A crew assigned to the southern of the two outages but not yet to the other outage. A third outage, affecting fewer than five customers is reported near Attica.
• A small outage is reported just south of Darien Center. No crew assigned.
• Basom, two outages on the reservation along the county line with one crossing the county line. One outage, 774 customs, a crew assigned. Another, 731 customers, a crew is assigned. Another, more to the eastern side of the reservation, 105 customers. There are also two smaller outages with crews assigned.
• Alabama, one outage along Lewiston Road, 21 customers, no crew assigned.
• Village of Oakfield, multiple outages affecting 821 customers, a crew is assigned.
• Elba, just east of the village, north of Route 262, 22 customers, no crew assigned.
• Batavia, there were two outages but both appear to have been cleared.

Scanner traffic was heavy for awhile late this morning and early afternoon. As for what fire crews responded to, here's what we know:

• Downed lines at 73 W. Main St. in Le Roy prompted the closure on Main at Gilbert and East Bethany - Le Roy roads. National Grid responded to the scene
• Also in Le Roy, a tree and/or wires were down in the roadway blocking traffic on south Route 19 near Washington Street.
• Wires in the roadway at Dodgeson and Hickox roads in Alexander.
• A tree, wires, and power lines were reported down in the 6800 block of Norton Road in Elba.

Data Update – 

• Genesee County reporting 24 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
• Ten of the previous positive individuals have recovered and have been removed from the isolation list.  
• Two of the current positive individuals are hospitalized. 
• Three of the new positive individuals are inmates at the Genesee County Jail. 

Orleans County reporting seven new positive cases of COVID-19.​

• The positive cases reside in the:
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their, 0-19s, 30s, 40s and 50s.
• Three of the new positive individuals were under quarantine prior to testing positive.
• Two of the previous positive individuals has recovered and has been removed from the isolation list.
• One of the new positive individuals is an inmate at Albion Correctional Facility.
• Zero of the current positive individuals are hospitalized.

Directors of the Western Regional Off-Track Betting Corp. this morning voted in favor of paying the Town of Batavia up to $395,000 for property enhancements as part of the Park Road Reconstruction Project that is scheduled to commence construction this fall.

Following the approval at the board’s monthly meeting at Batavia Downs Gaming, WROTB President/CEO Henry Wojtaszek said he was impressed with Town officials’ diligence in making the $3 million street reconstruction a reality and is eager to see the finished product.

“This will be a beautiful entry to our facility,” Wojtaszek said. “We’re talking about sidewalks, a promenade, tree-lined area, street and parking lot lighting, landscaping, road work, valet improvements for hotel purposes and some infrastructure work.

“We had a great meeting with them (town officials). They were very well prepared and they had excellent documents.”

Wojtaszek said that “every bit of the project is very well thought out,” noting that work will be done on one side of the street at a time to keep traffic moving – although at a slower pace. “The town is going to improve the speed bumps that we have, and that will help, also.”

Last June, WROTB granted the town three easements – small parcels to help facilitate drainage, utilities and sidewalk installation.

The major rehabilitation of the road will take place from Lewiston Road (Route 63) to Oak Street (Route 98).

Work will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road, while pavement will be overlaid and sidewalks installed on one side of the road from Richmond Avenue to Route 98. The project also calls for new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Town Engineer Steve Mountain said WROTB’s request for “betterments” is typical of road projects in urban areas.

“If somebody wants additional streetscape and improvements to enhance the functionality of their facility – such as Batavia Downs – than oftentimes betterment improvements are performed,” Mountain said. “Things like additional lighting, surface treatments, walkways, landscaping and trees. They’re kind of above and beyond what we would normally do.”

Mountain said that the state-funded project is in its design phase and that the town is hoping to solicit bids in August.

“We’re waiting on our grant application for the water main,” he said. “Depending upon the results of that, replacement of the water main is out ahead of the road project.”

Last month, the Batavia Town Board approved a resolution to apply for a state Community Development Block Grant for around $900,000 to replace a 5,300-foot stretch of water main on Park Road.

Mountain said the plan is to remove the 50-year-old asbestos water main under the roadway that serves Batavia Downs Gaming and other commercial enterprises. The pipe runs along the length of Park Road from Route 63 to the gas station on Park Road, not far from Route 98.

In other developments:

• Chief Financial Officer Jacquelyne Leach reported that the corporation will distribute $66,500 in surcharge to member municipalities for February, despite an operating loss of about $115,000 for the month.

Branch operations declined by about $73,000 in February. As of March 16, however, revenue was up by more than $900,000 compared to that time in 2020, which happened to be the first week of the COVID-19 shutdown.

Batavia Bets, the corporation’s interactive online platform, had a handle of $1.4 million in February, up $354,000, and through March 21, revenue is up by $383,000. Year to date, Batavia Bets’ proceeds are $4 million, a 50 percent increase.

• Directors approved four other spending measures:

$400,000 to Bally’s Casino Marketplace for the installation of a video lottery gaming player tracker and update of related hardware and software;

$55,000 to Kim Crawford for consulting services in respect to the resurfacing and maintenance of the harness horse racing track;

$16,500 to the William Ryan Group, Inc., for an application (app) that will alert gaming personnel when a machine or patron needs assistance;

$21,350 to United Tote Company for a horse racing ticket cashing kiosk.

• Marketing Director Ryan Hasenauer announced that Batavia Downs Gaming is attempting to bring in two more concerts outside of the nine-concert Rockin’ the Downs series. Hasenauer said a first-rate tribute band is likely to perform on May 22, followed by a nationally-known artist sometime in July.

The Genesee County Legislature this afternoon revisited the possibility of adopting rules to cover videoconferencing of its meetings and -- while not coming to any binding decision – is on board with in-person attendance for the purposes of a committee quorum and voting, and allowing remote access for non-committee members to participate.

During a 38-minute Committee of the Whole discussion at the Old County Courthouse and via Zoom, legislators agreed to a “hybrid” approach to videoconferencing as proposed by Chair Rochelle Stein.

The debate followed up on a proposed resolution drafted last August that sought to place guidelines on videoconferencing, a practice necessitated by the COVID-19 pandemic and subsequent executive orders by Gov. Andrew Cuomo, which suspended the Open Meetings Law to provide for remote participation in legislative and committee meetings.

That executive order continues in place, although it was reported during today’s meeting that it is set to expire in two days. Stein said Committee of the Whole discussion was called now “to be somewhat ahead of the game.”

County Attorney Kevin Earl emphasized that the “major issue” to achieve a quorum and to facilitate legal voting when videoconferencing is that “you can’t do it by telephone … the legislator has to be available to be seen and be seen by the other legislators to participate formally.”

Earl, with input from Legislature Clerk Pamela LaGrou and County Manager Matt Landers, wrote a seven-point amendment to the original resolution (which was not acted upon), with a key stipulation as follows:

“The videoconference shall be conducted in compliance with state law and ensure that all legislators and members of the public have the opportunity to see and hear a legislator videoconferencing and such videoconferencing legislator can see and hear the other members of the legislature.”

Earl said there aren’t a lot of cases concerning this matter but there are many opinions, including those of the attorneys connected to the Committee on Open Government, an organization that holds a lot of weight with judges.

The attorney also noted that if videoconferencing is used, the public notice of the meeting must inform the public as such, identify the locations for the meeting and state that the public has the right to attend the meeting at any of those locations.

Genesee County has been able to acquire the technology – legislators call it “the owl” – to be able to show all meeting participants on the Zoom call. This prompted Earl to say that he would support having legislators not on a particular committee to be able to call in and participate via Zoom as long as they weren’t going to vote or had no bearing on the required quorum.

Earl also proposed that the legislature could adopt a rule limiting the number of times a legislator could “attend” a meeting through videoconferencing, specifically three times in a calendar year.

Stein then said she understood that most of the legislators “would like to have the meetings in person for those that serve on the committees themselves and (for those not on the committee) to be able to participate through Zoom, and have that kind of hybrid opportunity."

“That’s where I come down on this question but right now our rules don’t allow even that to happen.”

At that point, the individual legislators gave their thoughts. They all stated that it was the responsibility of the committee member to be in the room unless it was an emergency, and also were open to permitting legislators not on the committee to follow along via Zoom.

“I would like to see everybody show up, except for some extreme situation … but I really think you have the responsibility to be here,” Gordon Dibble said, adding that he would support those not on the committee signing in remotely.

Christian Yunker said he was in favor of the hybrid model, noting that the opportunity for others to listen in and participate “probably is valuable enough that the rest of us should do that at least for the foreseeable future.”

Brooks Hawley said “if you’re on the committee, you should be here, but if you want to see what is going on and you have a prior engagement, such as work, family commitment or something like that, I think you should be able to do that (participate remotely).”

Earl advised that the legislature can’t prohibit videoconferencing but also isn’t required to implement guidelines on videoconferencing.

Gary Maha said he was OK with the hybrid approach, but added that “we’re elected to represent our constituents and if you could be here, you should be here."

Chad Klotzbach agreed, stating that videoconferencing “has created a platform for people to actually see what we’re doing.”

Marianne Clattenburg suggested postponing any formal vote until after the coronavirus pandemic.

“I have no problem with having people listening to the discussion remotely, but I think voting remotely, I’m against that and would hate to see that become a precedent,” Clattenburg said.

In closing, Stein summarized the points brought out through the discussion – in-person for a quorum and voting, remote participation for others, expanding the technology to include a laptop at the podium for public speakers, and providing additional technical support for the legislative clerk.

When the legislature does decide to act upon formalizing the rules and adopting the amended resolution, the matter would go to the Ways & Means Committee for further discussion and a vote.

Legislators agreed to wait until after the pandemic, with Maha suggesting “the simpler the better.”

With that, Stein said, “I hope the executive order is extended” and adjourned the meeting.

Grant Would Assess Broadband Situation

In another development, the legislature during its regular meeting approved applying for a $95,000 grant from the Northern Borders Regional Commission’s State Economic & Infrastructure Development Investment Program to subsidize a countywide broadband inventory/availability study and develop a subsequent business plan.

Landers said the county was informed of the grant by the Genesee/Finger Lakes Regional Planning Council, which is currently being led by former Genesee County Manager Jay Gsell.

“This grant would provide a pretty comprehensive broadband study throughout the county,” Landers said. “The G/FLRPC is submitting this on our behalf and it’s a $95,000 grant with a 20-percent local match ($19,000). If we get it, we could find what our gaps are in broadband access in our community and it would also fund a survey of the homes to get a better understanding of where the gaps are and the level of residents’ desire for broadband access.”

Landers said two other counties may partner with Genesee to increase the odds of getting the grant.

“Federal funds are out there to help alleviate this, but we need to understand what our gaps really are before we can go after those bigger grants,” Landers said.

Landers Warns of 'Cluster Pop-up'

Landers reported that the COVID-19 positivity rate is down, the number of people receiving the vaccine is up and many restrictions have been lifted, but urges citizens to remain vigilant.

"It's easy to get cluster pop-ups," he said. "We had 20 to 25 cases (recently) that were linked to a few events -- a birthday party here and a couple of other events there."

Anthony J. Welch aka "Science," 40, of East Main Street, Batavia, is charged with criminal sale of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged that Welch sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force, comprised of officers from the GC Sheriff's Office and Batavia Police Department. Welch was taken into custody during a traffic stop on Clinton Street Road in the Town of Stafford (date and time not provided). He also had a bench warrant out of Genesee County Court for pending drug charges from last May. He was arraigned in county court, then released under supervision of Genesee Justice. The task force was assisted by uniformed deputies, a NYS officer from the Department of Environmental Conservation, and the DA's office.

Stephen Richard Hart, 34, of Cedar Street, Batavia, is charged with: criminal possession of a controlled substance in the third degree -- with intent to sell; criminal possession of a controlled substance in the fourth degree; speeding in excess of 55 mph. At 10:46 a.m. on March 21, Hart was arrested after a traffic stop on Route 33 in the Town of Bergen. It is alleged that he possessed one or more preparations of a narcotic drug with an aggregate weight of one-eighth ounce or more, with intent to sell it. He was arraigned in Bergen Town Court and released on his own recognizance. He is due in Genesee County Court on May 5. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Following a presentation by Superintendent Anibal Soler, the city schools' Board of Trustees approved a plan Monday night that could have full in-class learning for all students whose families want it starting Monday, April 19.

Families who want learning to remain 100-percent virtual will be able to continue online education for the remainder of the school year.

The hybrid model, where students split time between in-home virtual classrooms and on-campus classrooms, will be eliminated.

The decision to return to full-time learning is being driven by data and what state and national leaders are saying about the importance of in-class learning, Soler said.

"I feel, along with the board, that this is why it is time for us to take some significant steps to get us back to school the way it used to be," Soler said during the meeting.

Soler noted that the Centers for Disease Control has changed its guidance on classroom instruction, providing the option to keep students three feet apart instead of six feet. While this change makes it more realistic to get students back in classrooms, six feet is still ideal and where possible, the district will strive to keep students six feet apart, Soler said, or at least five feet, or at least four feet, going to only three feet apart where a greater distance is not feasible.

Previously, one of the issues with opening up the schools was transportation. Currently, students who are transported by bus must sit one to a bench seat. In the new plan, two students will be allowed to share a single bench seat so long as both are masked.

Students will sit on the bus according to a seating chart, so that if later a student does test positive for coronavirus school officials can identify students who were within six feet of the COVID-19-positive student. Such students will be asked to quarantine.

The buses will be disinfected between runs.

The state's Department of Health has not yet approved these guidelines, but Soler anticipates that the state will approve the changes. Gov. Andrew Cuomo at a Feb. 19 briefing said he believes schools should go back to in-class teaching where COVID-19 prevalence is low and that the change should be a local decision. 

One factor in the district's favor is that at least 50 percent of the staff will be fully vaccinated by April 10. Soler believes the number of staff members vaccinated is actually higher but the district only has data for those individuals who accepted their vaccination through the district. Every staff member has been offered the vaccine.

Soler has already met with leaders of the teachers' and clerks' unions and both support a reopening plan as long as safety protocols are in place.

To prepare, support staff will start moving furniture in classrooms and cafeterias during spring break, March 29 to April 2.

From now until April 9, Soler will be holding virtual meetings with staff members to roll out the plan, answer questions, and address concerns. 

"They may have ideas we haven't thought about," Soler said.

All cohorts will be in virtual classrooms on April 15-16 in order to give teachers a final two days of prep before starting in-classroom teaching.

"This will give us a full 10 weeks of in-person learning for 80 percent of the district," Soler said.

The potential barriers to carrying out and continuing the plan, Soler told the board, are: if the district receives a directive from the Department of Health; or receives a court order; or if there is a spike in community spread or some other sign of the infection rate going up in the community. 

"Then we have to reset, go back to virtual learning for two weeks before resuming the hybrid model," Soler said. "We will continue to protect staff and students if we see a large number of cases."

The timeline allows two weeks between spring break and the resumption of classes. This means if increased social contact during spring break leads to a spike in cases, the district can reevaluate whether April 19 is the right time to go back to in-class learning.

But given all the evidence experts have gathered, Soler said, the district does need to get back to normal classroom instruction. It's better for the students academically, emotionally and socially. It will also be less stressful for teachers.

"Our teachers have been burning the candle at both ends," Soler said. "They have been working hard and managing two groups of students. I commend them on what they do but it's time to get them back to doing what they do best, which is teaching kids in front of them."

Batavia City Manager Rachael Tabelski hasn’t found time to completely move into her new office, but she has wasted little time acting to fill two key administrative positions.

Tabelski, following tonight’s City Council Conference Meeting at the City Centre Council Board Room, said job descriptions for an assistant city manager and director of the Department of Public Works are up on the city’s website and other social media sites and have been sent to municipal and trade associations.

When asked how her first two weeks as the permanent city manager have gone, Tabelski said it has been business as usual except for the task of transferring her workload and possessions to the city manager’s office.

“Well, it doesn’t really feel different. I started moving my office today – I finally got a break .. and this morning I took about 20 minutes to start moving things,” she said. “But I think that the most exciting thing that we have is that we just announced the posting for the assistant city manager job and the director of DPW.”

The city has been without an assistant city manager since June of last year when Tabelski moved up from that role to replace Martin Moore. Just recently, she appointed Ray Tourt to replace Matt Worth (who retired) as DPW director but Tourt has decided to return to his former position of superintendent of the Bureau of Maintenance.

“So, that certainly is progress in terms the first two weeks as the official manager,” Tabelski said. “And that will certainly help with the workload that the managers’ currently have (by) filling those positions and getting projects moving.

“We just released a job description and advertisement on Friday afternoon and started posting on social media. We will be advertising with our local partners as well as with associations across the state to find the qualified candidate that wants to come in and do a lot of project work, actually.”

Tabelski said the assistant manager position is going to be “very project based.”

“This person should have a degree in Business or a business-related field or Public Administration, and with years’ experience and be very comfortable in a top executive role with our city,” she said.

The actual job description indicates the assistant will execute projects “in a timely and professional manner with a focus on financial tracking and compliance … (and) provide … accurate and timely information to support decision-making and policy direction …”

Some of the many “typical work activities” listed include assisting with collective bargaining, operating and capital budgets, and evaluation of the city’s fiscal position in relation to the budget. The assistant manager also will oversee the creation of an administrative services budget to include the clerk/treasurer, youth, information technology, assessor and human resources.

The salary range for the assistant city manager is $82,946 to $100,604, and the selected individual will have to move into the city within six months of the appointment.

No salary range is listed for the DPW director, who is responsible for the management of the Bureau of Engineering and Inspection, Bureau of Water and Wastewater, and the Bureau of Maintenance.

In other developments:

• As first reported on The Batavian, the Genesee Country Farmers’ Market is looking to move across Alva Place into the former JC Penney parking lot this summer (actually beginning on June 4).

Council members seemed to be pleased with the move, especially after Tabelski said that there would be plenty of parking available even if another store moved into the empty building.

Council Member Rose Mary Christian noted that alcohol will be served and questioned whether farmers’ market officials had the appropriate permits or licenses. During a brief back and forth, she asked several times for City Attorney George Van Nest to check into it.

The application submitted by Sharon Brant, farmers’ market treasurer, indicates that the organization has a special permit through the New York State Department of Agriculture and Markets and the NYS Liquor Authority for tasting only, and that vendors can sell alcoholic beverages in approved sealed containers.

The market is scheduled to run on Tuesdays and Fridays from 9 a.m. to 4 p.m. and on Thursdays from 9 a.m. to 7 p.m. through Oct. 29.

Tabelski mentioned that she has been meeting with farmers' market officials on a regular basis and is planning a downtown "walk-through" to look at potential permanent sites for the operation.

• Council moved two resolutions to its Business Meeting on April 12.

One was to create a temporary position of superintendent of water and wastewater as a result of current Superintendent Bill Davis’ intention to retire within the next eight to 12 months.

Tabelski encouraged Council to “fill the position in advance to avoid a large knowledge gap,” adding that similar action was taken in the case of police officer retirements.

She said she expects to advertise for the Civil Service position soon, with an eye on filling it by the end of May.

Council Member John Canale asked if the city’s hiring freeze pertaining to this position.

Tabelski said the freeze was for jobs in the general fund, while this is being paid for by the water and wastewater funds.

The other resolution was to authorize the Community Garden board to apply for an AARP Community Challenge Grant of up to $10,000 to improve the garden on MacArthur Drive.

Tourt said proposed enhancements would be for materials to construct a hardscaped patio with a pergola (outdoor garden feature forming a shaded walkway, passageway, or sitting area of vertical posts or pillars) and to add more planting beds.

Deadline to submit the grant is April 14.

Press release:

The Genesee and Orleans County Health departments have several upcoming vaccination clinics with appointments available for Genesee and Orleans County residents.

Whichever COVID-19 vaccine is available is the right vaccine to get now! All approved vaccines are effective and saves lives. We encourage anyone that is currently eligible to register for an upcoming clinic.

The Governor has also announced New York will expand vaccine access to people age 50 and older beginning tomorrow, March 23, along with the existing priority groups.

Visit the vaccination webpage here.

Direct links to the first-dose vaccination clinics are:

• Genesee clinic at GCC, Batavia
• Orleans clinic at Ridgeway Fire Hall, Medina

If you are interested in making an appointment to get your COVID-19 vaccination, now is the time to do it locally!

A man evading a traffic stop in Stafford on Sept. 9 may have been able to outrun a Motorola* that day but police believe they've caught up with him after arresting a suspect in a firearms incident Sunday morning in the City of Batavia.

Charles L. Jackson, 26, of Garson Street, Rochester, faces multiple criminal charges stemming from Sunday's incident as well as the Sept. 9 incident. 

Sunday's incident began at 2:28 a.m. at the Speedway gas station at the corner of Main and Oak streets with the report of a person "not acting normal." Batavia police officers arrived on the scene and found three people inside a vehicle. An officer reported spotted a firearm inside the vehicle and when the officer attempted to secure the weapon a struggle ensured. The officer discharged his service weapon. 

Nobody was hit by the bullet or bullets.

The driver of the vehicle, later identified as Jackson, was able to free himself and flee in the vehicle, leading police on a high-speed chase the ended when the vehicle crashed on Woodland Drive in the Town of Batavia. Jackson and two other occupants were then taken into custody without further incident.

The only injuries sustained as a result of the confrontation were to Jackson and the other occupants of the vehicle, who have not been identified by law enforcement.

Jackson was taken into custody by Sheriff's deputies and charged with criminal possession of a weapon, 2nd, and two counts of criminal possession of a weapon, 3rd (he allegedly possessed large-capacity magazines). He was arraigned in Batavia City Court and ordered held on $25,000 cash bail or $50,000 bond.  

The other occupants of the vehicle have not been charged.

Following his arrest, Jackson was identified as the suspect in the Sept. 9 chase, which started with a traffic stop in the Town of Stafford where a deputy allegedly observed marijuana in the vehicle. The driver in that case fled and allegedly hit speeds over 100 mph. The driver made it to Route 490 and fled toward Monroe County and exited at Brooks Avenue and with apparent damage to the vehicle slowed to 30 to 40 mph before stopping. The driver fled on foot and was able to evade capture.

In that incident, Jackson is charged with two counts of reckless endangerment, unlawful fleeing a police officer, obstructing governmental administration, and criminal possession of a controlled substance, 7th. On those charges, Jackson was arraigned in Town of Stafford Court and released on his own recognizance.  

Chief Shawn Heubusch, Batavia PD, said any charges related to the incident in the city are being incorporated in the Sheriff's investigation.

The investigation is ongoing and additional charges are possible.

*Editor's note: *New York lexicologist / etymologist / linguist Barry Popik says "you can't outrun a Motorrola" is a version of the law enforcment saying "you can't outrun a police radio."

Press release:

At approximately 2:30 a.m. Sunday, March 21, officers with the City of Batavia Police Department responded to the Speedway gas station, located at 204 W. Main St. The officers were called to check the welfare of individuals reported to possibly be under the influence of drugs and “not acting right.” Upon arrival officers located three individuals and a vehicle. 

The officers made contact with an individual and observed a handgun in plain view inside the vehicle and within reach of the occupant(s). The officer attempted to secure the handgun, at which time a struggle occurred between the officer and a male occupant. 

During the struggle, an officer discharged their duty-weapon at the suspect. Neither the suspect or the officers were struck during the incident. 

The suspect broke free from the struggle and proceeded to lead police on a pursuit through the City of Batavia and into the Town of Batavia. Additional City of Batavia police officers joined the pursuit, along with deputies from the Genesee County Sheriff’s Office. 

The suspect vehicle crashed on private property near Woodland Drive in the Town of Batavia. The male suspect and two other individuals were taken into custody at the scene of the crash without further incident. Officers recovered a gun at the scene of the crash. 

The male suspect was taken to RRH-UMMC for treatment of injuries sustained from the crash. No civilians or passersby were injured as a result of the incident.

The incident is being investigated by the City of Batavia Police Department. The discharge of the duty weapon and the incidents that took place outside of the City of Batavia are being investigated by the Genesee County Sheriff’s Office.

As information becomes available the City of Batavia Police Department will release it.