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Grand Jury: Man accused of violating order of protection, strangulation and interfering with 9-1-1 call

By Billie Owens

Rajea S. Thomas is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on April 30 that Thomas, while at a residence on Thomas Avenue in the City of Batavia, violated an order of protection with the intent to harass, annoy, threaten or alarm a person protected by the order, by striking, shoving, kicking or otherwise subjecting the person to physical contact, or he threatened to do so. In count two, Rajea is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure to the neck or throat of the victim. In count three, the defendant is accused of attempted criminal mischief in the fourth degree, a Class B misdemeanor. It is alleged in count three that Rajea on that day prevented, or attempted to prevent, the victim from communicating a request for emergency assistance.

Arts and civic leader and tireless volunteer Bob Knipe will be missed

By Virginia Kropf

The loss of Bob Knipe is one which will be felt in nearly every corner of Genesee County.

Knipe, 73, died Saturday at home after a brief illness, with his family at his side.

Knipe came to Genesee County from the West Coast to work at Genesee Community College, where he spent 23 years before retiring as dean of Learning Technologies. 

“It wasn’t just the college Bob was passionate about,” said S. Shade Zajac, conductor of the Genesee Symphony Orchestra, in which Knipe played the French horn. “Rotary, GO ART!, United Way – he was involved in them all. He had a deep love of community. He touched so many people.”

Zajac recalls the first time he met Knipe at GO ART!, where he interviewed for the job as orchestra conductor. 

“I got there early because I was so nervous, and Bob met me at the door,” Zajac said. “He called me by my first name and that put me ease.”

He said Knipe was never one to shy away from a joke, corny or otherwise. He played in Zajac’s trial concert, and the first conversation they had after Zajac got the job was about all the different projects Knipe wanted to do with the orchestra. 

“Bob was a staunch supporter of this orchestra back before I was born,” said the 27-year-old conductor. “Performing and music – that was Bob. He loved to play with the orchestra and they loved him. Bob’s love and knowledge of the orchestra are undisputable. To say he was loved and respected throughout the entire orchestra is an understatement.”

Before Knipe’s death, the orchestra had been planning a virtual concert in his honor.

“We had sent the music we were going to play to Bob’s wife, Linda, and she played it for him,” Zajac said. “He was very touched.”

When the orchestra learned about the concert paying tribute to Knipe, Zajac said the response from the entire orchestra was overwhelming. 

“It is a tribute to how much he was loved and respected," Zajac said.

Even Patty Hume from GCC contacted Zajac and asked if they would like to use space at the college to perform. In addition, the college’s tech team will assist with the recording.

The music for the program is peaceful and quiet, because Knipe’s wife did not want the music to be sad.

The virtual concert is scheduled for March 26, and to watch the livestreamed concert from GCC's Stuart Steiner Theatre, folks should go to the orchestra’s website to find a live link to tune into at 7:30 that evening. 

There will be a donate button for those who wish and funds which come in will be given to Knipe’s family to establish a memorial as they wish, said Roxie Choate, president of the orchestra's Board of Directors.

The orchestra is suggesting the Knipe family consider setting up a college scholarship fund for a high school senior who will be entering the field of music.

Marjorie Fulmer shared her memories of playing flute with Bob in the GSO.

“I’m not sure how many years Bob has been a member of the GSO, but I’ve been a member for 35 years and he has been there most of that time," Fulmer said.  "We also spent many years on the board together, and we were co-presidents for a couple of those years. His boundless enthusiasm and true love and appreciation for the orchestra always came through loud and clear.

"He seemed to have endless energy for both the mental and physical aspects of running a community orchestra. He was constantly the one who schlepped around the music stands to various venues and set the stage up countless times so it would be ready for the other musicians at rehearsals and concerts. While many of the orchestra members are music teachers or have some kind of professional background related to music, Bob did not.

"So many times he told me that one of the goals of a community orchestra should be inclusiveness and he totally appreciated that the GSO included him. The arts in Genesee County have much to thank Bob Knipe for.”

Barb Meyer, a fellow hornist with Knipe, shared some of the light moments they enjoyed in the orchestra. Her memories are of the times they would get in trouble for playing too aggressively or missing their entrance and were chided for talking and not paying attention. 

Meyer said Knipe wore many hats in the orchestra, as operations manager, as well as president. He loved pranks, she said, and it was not unusual for the conductor to turn around after speaking to the audience only to see the horn section decked out in something on their heads. Knipe’s favorite was his big bag of reindeer antlers and Santa hats for the annual holiday concert.

“I will miss his sense of humor, dedication and love of music, in addition to the corny music jokes and pranks,” Meyer said.

She also noted a rare coincidence -- that her horn and Bob’s are both Conn 8D models, and were built within a short time of each other, as the serial numbers are close.

“What are the chances of that in the same orchestra?” she asked. 

Gregg McAllister became friends with Knipe through their involvement in Rotary 30 years ago.

“Bob was the kind who immediately put down roots and became involved in his community,” McAllister said. “He became involved because he wanted to better the community where he lived. Bob was involved in so many things and he was such a pleasure to work with. He was always willing to take on the job as board member or leader, but he wasn’t afraid to get his hands dirty, either.”

McAllister cited a recent gleaning project undertaken by Rotary, where Knipe was there with his pickup collecting beets. When they cleaned up Rotary Park and made repairs at the Domestic Violence Safe House, Knipe was there working. 

One day week, Knipe volunteered to drive military veterans to medical appointments.

McAllister said one very important program Knipe was involved in with him for 25 years was Rotary’s Youth Exchange Program, which provided life-changing experiences for youth from around the world. As a result, tributes and condolences have been coming in from all over the world.

“Bob loved to travel to other countries, but he loved Batavia, too,” McAllister said. 

Board President Choate was also a member of the Batavia First Presbyterian Church with Knipe. 

“He was very involved with the church, holding some of their decision-making positions,” she said. “Wherever Bob was, he held a strong leadership role. Bob was also a huge family man.”

Conductor Zajac added a comment about the orchestra’s holiday presentation of “Encore” at Christmas time.

“As a member of the GCC faculty, Knipe had tried for many years to make the holiday concert happen with the Genesee Symphony,” Zajac said. “The day I told him, he was ecstatic. To me it is incredibly fitting and heartwarming that Bob’s last concert should be ‘Encore.’ ” 

Knipe’s full obituary can be read here on The Batavian.

Top photo, by Howard Owens.

Photo below, courtesy of Genesee Symphony Orchestra.

Bottom photo, by Howard Owens.

WROTB approves purchase of Hotel at Batavia Downs for $8 million, to buy stage for Summer Concert Series

By Mike Pettinella

Directors of the Western Regional Off-Track Betting Corp. this morning authorized the purchase of the Hotel at Batavia Downs from ADK Hospitality LLC for $8 million.

The action, which was approved by a 13-1 margin with one abstention, provides WROTB with the opportunity to "expand our customer service to our patrons and to our guests who come here," said WROTB President/CEO Henry Wojtaszek following the public benefit company's board meeting.

"We had an opportunity to strike an agreement with the current owners and we believe that the price is appropriate and we believe it will help enhance what we have to offer to our guests."

Wojtaszek said WROTB has submitted a financing plan that he feels is "appropriate and reasonable, so now we're going to go ahead and try to complete the deal."

He said he anticipates a closing date sometime in April and is looking forward to be able the market the hotel more extensively.

"We will have a renewed focus on marketing," he said, noting the many tie-ins to the casino such as weddings, trade shows, movie nights and dinner/overnight packages. "Being able to be marketed by us will be a big advantage."

Wojtaszek said the plan is to continue contracting with Hart Hotels to manage the hotel on Park Road.

Chief Financial Officer Jacquelyne Leach reported that WROTB will be able to capitalize on historically low interest rates, utilizing 20-year tax exempt bonds to project a savings of $600,000 as it bundles the refinancing of a balloon payment due in October 2023 with the hotel purchase expenditure.

"Being a public benefit corporation, we have to publicly advertise this," she said, adding that she currently is negotiating with Key Bank and Tompkins Bank of Castile.

In November 2016, Batavia Downs Gaming and members of the hotel ownership team cut the ribbon on the 84-room, luxury hotel.

ADK Hospitality LLC is a Buffalo-based development team that purchased land from WROTB in March 2015 and invested $7.5 million to build the facility.

Director Paul Lattimore Jr. (Cayuga County) cast the "no" vote. An email to Lattimore, who joined the meeting via Zoom, has yet be be returned.

Stage Purchase May Lead to More Concerts

WROTB directors also approved a resolution, by a 14-1 vote (with Lattimore voting against it), to purchase the stage and roof truss, along with crowd control barricades and two storage containers from Audio Images Sound & Lighting, a Batavia firm, for use at the corporation's Summer Concert Series at a cost of $129,460.

"This is certainly a good economic move for Batavia Downs. We believe that purchasing this equipment ... will pay for itself within the first two to three years of the purchase. We intend to have concerts for a long time," Wojtaszek said.

"The equipment that we are purchasing is in very good shape and we have a capable maintenance staff here on site that will be able to keep that in good shape for years to come. And we're looking to have more concerts than the six to eight that we've had."

The 2021 concert series has yet to be finalized but two performers have been announced -- Steve Augeri, formerly of Journey, on June 25, and Don Felder, formerly of The Eagles, on July 9.

Other concerts and their tentative dates are Skid Row, June 25; The Machine (Pink Floyd Tribute), Aug. 7.

Wojtaszek said his leadership team is trying to set up more concerts, possibly starting in May. If necessary, they would take place in a "pod" setting, he said, with about 1,500 in attendance instead of 5,000.

Directors approved a related resolution to spend up to $274,000 to pay the Summer Concert Series musical acts.

In other developments, directors:

  • Approved the sale of the McKinley OTB branch in Buffalo to Alaskan Properties I LLC for $900,000.

Wojtaszek said the buyers are a retail business and hopes to close the transaction during the summer.

Leach reported that proceeds will go toward paying down two loans, a letter of credit pertaining to workers' compensation self-insurance and to the capital acquisition fund.

  • Approved an agreement with Cumulus Broadcasting (97 Rock FM) to become the title sponsor the the 97 Rock Tour Bus for April 2021 throught March 2023 at an annual cost of $20,000. 

Benefits to the corporation include hundreds of on-air promotional mentions, the sponsor log and link on the 97 Rock website, ability to distribute promotional coupons, a vinyl wrap of the logo on the tour bus, three "remote location" broadcasts, and four tickets to a suite at a Buffalo Bills game.

  • Received financial reports as follows:

-- WROTB distributed $55,455 in surcharge to the member municipalities for December and will distribute $69,342 for January. The corporation also generated operational earnings of $81,691 in January.

-- Batavia Bets, the company's interactive online wagering platform, saw a 67-percent increase in January, bringing in $581,000, and is up 43 percent in February at $317,000.

Previously: Hotel ribbon cutting officially marks 'transformation' at Batavia Downs Gaming

Council Member Christian objects to proposal to defer ice rink payments; supports YMCA running youth program

By Mike Pettinella

Anyone who follows the activities of the Batavia City Council is fully aware of the fact that longtime Council Member Rose Mary Christian – in her unique brusque and outspoken style – strongly advocates for her Sixth Ward (the Southside), fully supports the city’s police and fire department, and constantly looks out for the taxpayer.

On Wednesday, she contacted The Batavian to share her views on a few items currently on Council’s docket, starting with the management situation at the Batavia Ice Rink on Evans Street.

Christian said she is not on board with a recommendation before the city’s governing body to allow Firland Management, the company that operates the rink, to make a lease payment nine months after the original due date and to contribute a reduced amount to the rink’s capital improvement fund.

Council, at Monday night’s Conference Meeting, agreed to forward the proposal to its March 8th Business Meeting for a formal vote.

A memo from Interim City Manager Rachael Tabelski to Council spells out a reworking and extension of the lease agreement with Firland, reducing and deferring the firm’s payments due to the impact of COVID-19 upon its bottom line in 2020. The rink was closed for most of the year and just recently has welcomed back youth league and high school hockey teams.

Christian said she doesn’t buy that reasoning.

“There are numerous businesses in the City of Batavia that are hurting,” she said. “Are we going to defer anything for them – property taxes, school taxes, anything? I don’t think so, and that’s why I’m not voting for the resolution coming in two weeks.”

Tabelski, through negotiations with Firland, introduced a plan to let Firland make its next lease payment of $25,000 on Jan. 1, 2022 instead of the current due date of March 1, 2021, and also to reduce its contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

She also is proposing to extend the contract from its current ending date of March 31, 2021 for two years through March 2023.

Therefore, Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23 and its capital fund contribution will be $5,000 annually for the next two fiscal years.

Christian said the city has seen its revenue decline and, noting the costs involved with maintaining the rink, feels it would be unwise to go this route.

“Rachael sent me an email stating that the annual cost for keeping the refrigeration system at the rink is $11,500, and the city pays for that,” Christian said. “So, in reality, taxpayer money is used to cover that expense.”

Tabelski explained that the intent of the lease and capital payments (paid to the city by Firland) covers the costs of maintenance at the facility and contributes to the Ice Rink Reserve for Capital Improvements.

The city currently has $370,000 in ice rink reserves. If the refrigeration system was to fail, it could cost up to $750,000 to purchase and install a new one.

“That’s a far cry if it comes to $700,000 and we have to replace it,” Christian said. “And that becomes another burden upon city taxpayers.”

In a story posted on The Batavian on Tuesday, Tabelski suggested the manager’s office – within a year or so -- conduct an analysis and study, and present a strategy to Council “with the goal of bringing it back to full capacity and to potentially attract a buyer.”

Christian said she hopes someone or an organization would purchase the facility.

“We do not belong in business. I, myself, would like to privatize that all the way so someone can own it and take care of the responsibility,” she said. “Not every child in Batavia is afforded that ice rink. They can’t afford the fees charged to play hockey; it’s just the elite.”

Christian sounded off on a couple of other recent City Council agenda items:

-- On having vacant public safety positions in the 2021-22 budget:

“I’m sorry that we have to not fill a couple positions with the police department and the fire department. Safety is my No. 1 concern,” she said.

Christian said city funds used to support the Batavia Development Corp. should go back into the general fund, and potentially could be used to hire public safety personnel.

Tabelski, in response to an email from The Batavian, stated that the city is paying $95,000 to the BDC this year – down from the usual amount of $110,000 -- “via an agreement that was established years ago to provide economic development services in the City.”

She explained that the BDC is a public authority and has its own budget and operating costs, and can bring in its own revenue at times from grants, project fees or real estate sales. Recently, the entity has been successful in obtaining New York Main Street grants and money from the state’s Downtown Revitalization Initiative for several building renovation projects in the city.

The BDC employs a full-time director of economic development at a current salary of $65,000.

Christian said the corporation should be at a point where it can sustain itself.

“Do you know where that salary belongs? It belongs with the BDC. They should be paying for it,” she said.

-- On the strong possibility that the city will contract with the Genesee Area Family YMCA for its after-school and summer recreation programs:

“I’m happy that (District Executive Director) Jeff Townsend is going to be in charge of it for the YMCA. I think they are going to do an outstanding job for the kids,” she said.

Christian said the $1,100 rent payment to City Church for the use of the Liberty Center for Youth (the former St. Anthony’s School building) on Liberty Street is fair.

“It’s a good fee for that building. It will serve the kids well and also it will be used on Tuesday nights for their open gymnasium.”

Genesee, Orleans, Wyoming officials wait for word on GCC mass vaccination site request

By Mike Pettinella

Genesee County Manager Matt Landers today said he is hopeful that an urgent request to the governor’s office to designate Genesee Community College as a COVID-19 mass vaccination will become a reality.

Legislative leaders and public health directors in Genesee, Orleans and Wyoming counties last week sent a letter to Gov. Andrew Cuomo to authorize the use of the GCC campus as a regional location to administer the vaccine.

“We remain optimistic at this point that our request will be heard,” Landers said during a Genesee County Legislature meeting at the Old County Courthouse. “There is some hope and optimism through discussions with the Finger Lakes (Region) control room.”

The letter stated that the three counties have experienced delays in testing supplies and now have not received enough vaccine, adding that “having a regional clinic with less than a half hour commute would benefit these communities."

Genesee County lawmakers are confident that they have enough staff and volunteers to vaccinate 2,000 or more people per day.

Copies of the letter were also sent to Genesee, Orleans and Wyoming Counties state representatives, Assemblyman David DiPietro, Senator Patrick Gallivan, Assemblyman Stephen Hawley, Assemblyman Michael Norris, Senate Minority Leader Robert Ortt, and Senator Edward Rath III.

On another front, Landers said that he and John Welch Jr., Orleans County chief administrative officer, were on a call with New York Association of Counties officials to talk about the two counties’ plan to build a joint jail on West Main Street Road in Batavia.

“We are focused on our joint jail and we talked about the history of the Genesee County Jail. And because of the governor’s budget wording, there is new, revised hope that there will be an opportunity (for it),” he said. “Obviously, we have a close partnership and a history of sharing with Orleans County – a willingness of two administrative bodies to do what is right for the taxpayers in the least costly manner.”

Landers said Genesee is moving forward with the project as it has asked a design firm to update its jail study to determine the proper number of beds.

“If they (Orleans County legislators) aren’t able to decide or meet the timeline we have … they could always jump in down the road (through) future expansion,” he said.

He also shared that in Albany County, excess jail beds were used to create a homeless shelter.

A report by Legislator Gary Maha indicated that if a federal stimulus plan passes in mid-March, counties who certify their COVID-related financial losses would be able to be reimbursed in 60 to 90 days.

In legislative action, Wade Schab of Alexander, a longtime parademic, was approved as a Genesee County coroner, replacing Jeff McIntire, who relocated to Florida.

Previously: Ways & Means supports resolution appointing Wade Schwab to fill vacant county coroner post​

Pals of Jessica Newton hold drive-thru chicken BBQ fundraiser March 6 and walk-thru basket raffle

By Billie Owens

Jessica Newton -- wife, mother, daughter, sister, friend and nurse -- needs the community's help as she struggles to regain her health and her strength.

After being diagnosed with COVID-19 and spending six days in the hospital, she returned home only to suffer a stroke a day later. She went back in the hospital and though is again back home recovering.

"One thing she isn't is a quitter. ... Jess...is staying strong so she can come home to her husband TJ and her two sons, Maverick and Emmett," according to a note sent to The Batavian by the Newton and Johnson families.

They are holding a drive-thru chicken BBQ for her from 12 p.m. until sold out on Saturday, March 6, at St. Maximilian Kolbe Roman Catholic Parish, located at 8656 Church St. in East Pembroke.

Tickets for "Racing to Recovery" are $12 each. There will also be a walk-thru basket raffle at the church that day.

Money raised will help the Newton family offset their medical expenses and help them now that Jessica, for the time being, is unable to work.

You can buy tickets, and/or drop off monetary donations or a raffle basket at:

Jess's friends and family say they appreciate the outpouring of love and support given to the frontline healthcare worker and her family.

The note continues: "This road the family is about to go down is unpredictable and may have bumps and turns, but one thing is for sure -- it will never be a road they travel alone."

Bethany man allegedly found with cache of weapons, drugs

By Howard B. Owens
     Timothy Tundo

Timothy M. Tundo, 57, of Linden Road, Bethany, was arrested Tuesday after an execution of a search warrant by the Local Drug Task Force that allegedly uncovered machine guns, LSD, and money.

The Sheriff's Office reports that besides the LSD, in an amount that suggests it was being sold, they also found marijuana.  

Weapons recovered include an AR-15 style pistol, declared a "ghost gun" (unmarked and unregistered), two fully automatic machine guns, and five assault-style weapons. They also recovered 10 high-capacity magazines, an ammo belt, and brass knuckles.

Tundo is charged with criminal possession of a controlled substance, 5th, two counts of criminal possession of a weapon, 2nd, 12 counts of criminal possession of a weapon, 3rd, criminal possession of an assault weapon, 3rd, criminal possession of a weapon, 4th, and criminal possession of marijuana, 2nd.

The suspect is being held in the Genesee County Jail in lieu of bail (unspecified).

The task force was assisted by uniformed deputies, State Police VGNET, State Police SORT, State Police CCERT, and the District Attorney's Office.

Law and Order: Batavia man facing felony drug charges arrested for bail jumping

By Billie Owens

Johnathan Falk, 22, of Batavia (no address provided) (inset photo right), was arrested Feb. 17 by Wyoming County Sheriff's deputies on two warrants stemming from previous arrests. In January 2020 he was arrested for petit larceny, a Class A misdemeanor, in the Town of Warsaw then released as the charge did not qualify for bail reform. He was arrested later that month for criminal possession of a controlled subject in the fifth degree, a Class D felony, and criminal sale of a controlled substance in the fourth degree, a Class C felony. Again he was released since the offenses did not qualify for bail. In June, Falk was arrested for two counts of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the second degree, both Class A-II felonies. He was released from custody again. The defendant was indicted on the felony charges in August; he never appeared in court and warrants were issued out of Wyoming County Court and Town of Warsaw Court. When he was arrested earlier this month, he was additionally charged with third-degree bail jumping, a Class A misdemeanor. Falk was arraigned in Warsaw Town Court and put in Wyoming County Jail in lieu of bail (unspecified). Falk is due back in Wyoming County Court at a later date. Genesee County Sheriff's Office assisted with locating and arresting Falk. The case was handled by Wyoming County Sheriff's Deputy Bradley McGinnis, assisted by Deputy Aaron Chase.

Steven Luigi Maltese, 51, of Clinton Street Road, Bergen, is charged with third-degree menacing and endangering the welfare of a child. At 4:05 p.m. on Feb. 19, deputies responded to the 4000 block of South Main Street in the Town of Batavia for a reported domestic incident. After an investigation, Maltese was arrested for allegedly threatening a female victim in the presence of a juvenile during a domestic dispute. He was arraigned in Genesee County Court and is due back there on April 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Benjamin J. Lathan, 20, and Brandon C. Lewis, 20, both of Bergen (no addresses provided) were arrested Feb. 21 by State Police out of the Amity Barracks and charged with petit larceny and trespass. Troopers investigating the January theft of three trail cameras from a property on Streeter Brook Road in the Town of Genesee allegedly determined both men were involved in the theft of the cameras. Both were arrested and released with appearance tickets for Genesee Town Court, where they are due to appear in March.

Will R. Thompson, 21, of Byron (no address provided), was arrested on Feb. 14 by a Wyoming County Sheriff's deputy and charged with having an uninspected motor vehicle and aggravated unlicensed operation of a motor vehicle in the third degree. At 3:22 p.m. that day Deputy Austin Harding was patrolling northbound on South Main Street in the Village of Perry, when he observed a gray pickup truck southbound with a 2020 inspection sticker on the front windshield. Harding conducted a traffic stop near Camp Road and a DMV data check found the inspection sticker expired Nov. 30 and that Thompson's license was suspended twice for failure to answer a summons in the Town of Hastings Court on Feb. 8. Thompson was proceseed roadside, then released with an appearance ticket to appear in Village of Perry Court at a later date.

Antonio Diego Dames, 45, of Farnsworth Avenue, Oakfield, is charged with criminal possession of a weapon marijuana in the fourth degree. At 2:29 p.m. on Feb. 22, Genesee County Sheriffs deputies responded to a residence on Farnsworth Avenue in the Village of Oakfield to assist the county Probatation Department. After an investigation, Dames was arrested for allegedly possessing more than two ounces of marijuana. He was issued an appearance ticket and is due in Oakfield Town Court on April 5. The case was handled by Deputy Erik Andre. CORRECTION: This item initially, and mistakenly, used the word "weapon" instead of "marijuana" in the criminal charge. The Batavian regrets the error.

Man accused of attempted murder could be first to go on trial locally in more than a year

By Howard B. Owens
    Jacob Sponaugle

A Batavia resident accused of attempted murder could be the first defendant to face an in-person trial in Genesee County since the start of the pandemic a year ago.

Jacob Sponaugle, 22, being held in the Genesee County Jail, made a virtual appearance today while the attorneys in the case informed Judge Charles Zambito they had no oral arguments to make in motions they've filed in the case.

Zambito will read their motion papers -- standard pretrial motions -- and issue a ruling in a few weeks.

He scheduled an in-person appearance for Sponaugle at 9:30 a.m., April 12. The judge noted that it is likely -- since Sponaugle is being held in custody -- that of all the pending potential trial cases, his could be the first in County Court since the coronavirus outbreak.

April 12 will be the plea cut-off date for Sponaugle, though District Attorney Lawrence Friedman said after today's hearing that he has yet to make a plea offer in the case. He didn't indicate whether he would or not.

Sponaugle is accused of shooting a person entering the lobby of the Days Inn in Batavia in July.

He is also charged with: 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.

Video below, coverage of the July 22 incident.

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Man accused of rape in Batavia given prison term for violation of probation

By Howard B. Owens
       Justin Gladney

A Batavia man is going to serve at least a year in prison for a violation of probation but his fate on rape charges remains pending.

While held in the Genesee County Jail, Justin T. Gladney, 30, appeared virtually in County Court today on his violation of probation conviction.

His appearance on his rape charges was continued until March 23, when all parties are expected to appear in person.

Nearly a year ago, Gladney admitted to a violation of probation and according to District Attorney Lawrence Friedman, he's subsequently been arrested on other charges. Those arrests, Friedman argued, meant Gladney had violated his sentencing cap offered to him for his guilty plea.

Instead of one to three years, Friedman said, he should get one and a third to four years.

Gladney was arrested locally in June 2020 and later in Monroe County.

His attorney, Marty Anderson, argued that Gladney is facing allegations from those arrests and hasn't been convicted. He asked for a one-year local sentence on the felony violation of probation conviction.

Gladney blamed his prior bad behavior on drug use and said he has been through treatment and is a changed man.

Judge Charles Zambito agreed with Friedman and sentenced Gladney to one and a third to four years in state prison.

Gladney is facing a criminal indictment on counts of first-degree rape, a Class B violent felony, third-degree rape, a Class D felony, and possession of a sexual performance by a child, a Class E felony.

A Class B violent felony carries a possible sentence of five to 25 years.

He is accused of a violent rape in early June on Lehigh Avenue, Batavia, of sexual intercourse while being older than 18 with a child 15 or less. 

Gladney remains in custody locally while his rape charges are pending.

Thruway to be closed in both directions from Exit 48 to 48A to deactivate power lines and remove pole

By Billie Owens

First responders are staging in the area of the travel plaza in Pembroke awaiting command to close the Thruway in both directions so National Grid crews can safely remove a damaged utility pole and sagging power lines. The power lines will need to be de-energized in order to do that.

The Thruway Authority has approved the action, which "could be a long event," according to a first responder on scene.

National Grid is sending a crew to the scene to cut power to the lines and repair the pole.

They are coordinating the work at the Service Area nearby needed to close westbound and eastbound lanes from Exit 48 to Exit 48A.

Town of Batavia Fire Department is ready to shut down westbound traffic at Exit 48.

Pembroke, Pembroke and Indian Falls fire departments are ready to shut down eastbound traffic at Exit 48A.

UPDATE 4:53 p.m.: Command has OK'd the shutdown of the Thruway, including the eastbound on-ramp.

UPDATE 4:57 p.m.: Some cars in line at the Service Center are being allowed to leave now; eastbound traffic at 48A is shut down.

UPDATE 4:58 p.m.: Westbound traffic is shut down. The Thruway Authority is being kept apprised of the work and may provide a crew to relieve firefighters of traffic control if need be.

UPDATE 5:03 p.m.: It is confirmed that the Thruway Authority will have a crew respond to relieve firefighters of traffic control duties; no ETA though.

UPDATE 5:09 p.m.: "I want you to keep traffic moving at that light; we've got a mess here," says command. Corfu fire is to assemble in their hall to stand by for Pembroke, East Pembroke and Indian Falls.

UPDATE 5:18 p.m. The county Highway Department is called to bring a loader to the pole repair site so National Grid workers can gain access to the pole.

UPDATE 5:51 p.m.: Command reports that National Grid estimates this job will take two to three more hours. The Thruway Authority had been advised of this.

UPDATE 6:06 p.m.: The power lines have been deactivated. The Thruway can be safely be reopened and they are doing that now -- in both directions. The fire assignments are back in service. National Grid will be working on repairs for some time and the Thruway will likely have to be closed at some point later tonight to put the pole back in place and activate the lines again. At that point, it is possible a Thruway Authority crew can respond for traffic control.

Council debates proposal to defer lease payment, reduce capital fund contribution from ice rink operator

By Mike Pettinella

As Batavia City Council members ponder giving the company that manages the city ice rink a break on their lease and capital improvement fund payments, they also realize they can no longer skate around the need for renovations at the Evans Street facility.

Interim City Manager Rachael Tabelski on Monday night introduced a resolution that would amend and extend the lease agreement with Firland Management, the Virginia-based firm that has operated the Batavia Ice Rink (formerly Falleti Ice Arena) for more than a decade.

Speaking at Council's Conference Meeting at the City Centre Council Boardroom, Tabelski explained that Firland’s finances have taken a severe hit due to COVID-19 as the rink was closed for most of 2020 and just recently saw the return of youth league and high school hockey.

She is recommending that Council let Firland make its next lease payment of $25,000 on Jan. 1, 2022 instead of the current due date of March 1, 2021, and also to reduce its contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

Furthermore, she is proposing to extend the contract from its current ending date of March 31, 2021 for two years through March 2023. As a result of negotiations, Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23 and its capital fund contribution will be $5,000 annually for the next two fiscal years.

Rink Has Some Big-Ticket Items

Currently, $370,000 is in the rink’s capital improvement fund, Tabelski said. That may seem like a large amount, however, a new refrigeration system could cost around $500,000 and a Zamboni dasher board could cost up to $250,000.

Contacted this morning, Tabelski said the time has come for the city manager’s office to conduct a study and analysis, and present a strategy to Council to “move that facility forward.”

“This should be done within the next year with the goal of bringing it back to full capacity and to potentially attract a buyer,” she said.

Council did put $19,500 into the 2021-22 budget to fix the front doors and the locker rooms, both “minor repairs,” Tabelski noted.

Another issue at hand is finding a business or organization interested in having its name affixed to the building. Falleti Motors is not interesting in renewing its “naming rights” agreement with the city, said Tabelski, suggesting a request for proposal will be forthcoming.

During the meeting, Council Member Robert Bialkowski asked about events scheduled for the rink, noting that he couldn’t remember if the activities stated in the contract actually took place.

Tabelski said that events were added during the last negotiation period with Firland “because we’d like to see more done with the facility” and mentioned that the home show is held there and she hopes to see indoor soccer events there.

Council Member Rose Mary Christian asked how much the city is paying to take care of the ice-making system (refrigeration) per year. Tabelski said the city contracts with a separate firm and estimated the price tag at $2,500 to $5,000 annually, but believed that is billed back to Firland. She said she would check on that and get back to Council.

Deferring Costs in a Tough Time

After hearing that the locker rooms have been painted recently, Christian said it was important to know about the refrigeration contract since she believed the city was reducing Firland’s lease payments.

Council President Eugene Jankowski Jr. said lease payments were being reduced for the one year, but the city was giving Firland more time to make its payments.

“They’re paying the same amount, right?” he asked, and Christian replied, “Only for this year?”

Van Nest entered the conversation, stating “we’re deferring the lease payment that would have been due in March, based on the COVID shutdowns that affected all hockey rinks as Councilman (Paul) Viele and I are well aware because we don’t see each other at the rinks anymore.”

“Deferring it and then basically reducing the capital contributions … so that gives them a little bit more flexibility as Council president indicated to get the operations back to a normal level of service and normal level of programming.”

Christian said she heard that the rink is doing well now, with the Genesee Amateur Hockey Association and the adults leagues in action once again.

Viele said officials are “trying to lump a lot of games in a short amount of time, so what you would play in October, they’re trying to get everything in February and March, and that’s why they’re deferring the payment to get the money.”

Jankowski noted that the rink was closed for many months, and that’s why the city is looking at deferring the payment until Jan. 1, 2022.

Hockey Players Return to the Ice

Van Nest said hockey wasn’t permitted until Feb. 1 of this year, and only skilled-based practices were allowed. Viele said that open skate sessions also were closed to the public.

“It will be the same amount but only the capital part will be reduced dramatically for the two years (since the city has some money in reserves),” Jankowski said. “That will give them two years – one year to get back on their feet, one year to assess and then we’ll be back, talking to them about an extension or whatever we need to do after that. It’s only a two-year agreement.”

Council agreed to forward the measure to its March 8 Business Meeting, where a formal vote will take place.

Van Nest said that Firland would be interested in participating with city officials about future capital projects at the rink.

“Firland has significant experience with capital planning for rinks, development of rinks, renovation of rinks,” he said. “They actually assisted the Buffalo Sabres with development of their practice facility, so in talking to Firland … they indicated they would be happy to look forward to assisting with general capital planning discussions for the facility.”

Roach: Public Safety Comes First

In other action, Council held public hearings for the 2021-22 budget; water rates, meter fees and capital improvement fees, and a local law amending the Business Improvement District plan. All three resolutions were forwarded to the March 8 Business Meeting for a final vote.

City resident John Roach was the only public speaker, expressing his view that the city should not pay the salary of the Batavia Development Corp.’s director since that is not a city position.

“As long as you have any public safety positions vacant, then I think it's wrong that you pay the BDC money to pay for their employee, no matter how good a job, how worthy,” he said. “It’s not a city employee and I think public safety should come first.”

He also questioned giving money to GO ART! for Picnic in the Park and said if the agency doesn’t hold the summer event, the money should go back into the city coffers.

Council Member Patti Pacino responded that there is no money in the 2021-22 budget for that event, and Tabelski said that appropriation was not paid out in 2020-21 as Picnic in the Park was cancelled.

Tax Rate to Increase by 14 Cents

Concerning the budget, Tabelski reported a 2021-22 spending plan of $27.78 million, with $16.855 million of that in the general fund.

The property tax rate would increase by 14 cents per thousand of assessed value – from $9.59 to $9.73. That would cost a homeowner with a $100,000 house about $13 more per year in property taxes.

She said Council has approved reductions in purchasing, overtime and training, and are keeping three firefighter positions, two police officer positions and one laborer position vacant.

Water rates and meter fees would increase by 3.5 percent while capital improvement fees would go up by 10 percent – numbers that have been the norm in recent years.

Amendments to the BID Plan will include three proposed capital projects -- downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000) – and spell out the amount of the BID’s assessment charge to its members.

Youth advisory board: 'We are investing in our city's future, our children'

By Mike Pettinella

A statement from the City Youth Board on the prospect of having the Genesee Area Family YMCA operate the municipality’s youth program:

“The City Youth Board worked with the interim city manager through the RFP (Request For Proposal) process and interviewed one agency for the city contract to run youth services. Although, there are always reservations as to whether or not this is the right decision, we were all in agreement that the city should enter into a contract with the YMCA.

“Mr. (Jeff) Townsend answered all our questions satisfactorily and the YMCA is prepared to resume operations of the Liberty Center on April 1st if awarded the contract.

“We were all in agreement that this would be the best option for resuming youth services in a timely fashion since the city laid off all of the part-time staff during the pandemic, and the executive director and the program coordinator both left for other positions. These circumstances left no one with experience to resume the programming leaving contracting the services out as our only viable option.

“The Youth Board works in an advisory capacity and at the end of the day the board is eager to see youth programming resume at the Liberty Center for Youth and through the summer recreational program.

“It would have been nice if we had received more feedback from the community but we understand this has happened pretty quickly and we do feel the COVID-19 protocols have limited community involvement. We are all sympathetic to the city’s budget concerns. However, we feel this is also a quality of life issue and a service that makes our community vibrant and safer. We are investing in our city’s future, our children.”

David Twichell, president

Paula Fischer

Lydia Schauf

Resident reiterates request for Council to release costs to conduct city manager search

By Mike Pettinella

Batavia City Council members say they will report the amount they have spent in a search for a new city manager as quickly as possible after the process has been completed.

Council is scheduled to interview the final candidates for the permanent position at 8:30 a.m. Thursday in a special executive session (closed to the public) at the City Centre’s Council Board Room.

City resident John Roach, speaking during the public comments segment of tonight’s Conference Meeting, asked – for the second time -- if any money has been spent in the search for a new city manager.

“Will somebody tell me why I have to actually FOIL (file a Freedom of Information Law request) over a simple question of taxpayer money?” he said. “Have you had to spend any money on this search so far?”

Roach mentioned a story on The Batavian that reported Council’s intention to interview two people, with Interim City Manager Rachael Tabelski believed to be one of them.

“Is there any cost associated with those interviews? As a taxpayer, I’d like to know. We were told that this was going to be free. I know the Council president did warn that nothing is ever really free. But, yet we were told that this would be free,” he continued.

Council Member John Canale and President Eugene Jankowski Jr. responded, with both assuring Roach that the total cost will be determined and released to the public soon.

“I know we have that exact information,” Canale said. “I do believe that Geno alluded to the fact that there would be a very minimal cost in that the search was being provided as a second search (following the search that resulted in the hiring of Martin Moore) free of charge, but there would be additional, small costs for advertising for the national search.”

Canale said he would make sure the numbers are provided after Thursday, adding that he thinks they will be “very, very minimal.”

Jankowski noted that travel costs were minimized because of COVID-19 and the utilization of Zoom videoconferencing to conduct preliminary interviews.

“We didn’t have to fly people around and put them in hotel rooms,” he said. “That process should be finalized very soon and then we’ll have the actual numbers …”

At that point, Council Member Rose Mary Christian asked how many people were interviewed via Zoom, but was quickly reminded that Council was not at liberty to discuss that in a public setting.

“You will be in that process on Thursday, correct, Ro? You will have all those answers then,” Canale said.

“Absolutely,” she replied.

Law and Order: Oakfield man accused of menacing and harassment

By Billie Owens

Jose Alfredo Cruz, 44, of South Pearl Street, Oakfield, is charged with second-degree menacing and second-degree harassment. At midnight on Feb. 20, Cruz was arrested after a domestic incident. It is alleged he menaced a person and made threats to harm himself. Cruz was arraigned virtually at Genesee County Jail on behalf of Town of Oakfield Court. He is due in GC court on April 5. The case was handled by Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Rodney Lee Harmon Jr., 44, of Church Street, Elba, is charged with criminal possession of a controlled substance in the seventh degree. Harmon was arrested at 12:30 p.m. on Feb. 19 after allegedly being found in possession of oxycodone hydrochloride when a probation officer visited his home. He was released with an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Tristan Michael Vaughn, 22, of Richley Road, Darien, is charged with: driving while intoxicated -- first offense; operating a motor vehicle while having a BAC of .08 percent or more -- first offense; unregistered motor vehicle; moving from lane unsafely. Vaughn was arrested at 6:27 p.m. Feb. 20 on Attica Road in Darien after his vehicle was located off the roadway. He was released with appearance tickets and is due in Darien Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

New York State association honors Pembroke Central transportation supervisor

By Mike Pettinella

The 2020 Art Schock Award presented by the New York Association for Pupil Transportation to a transportation supervisor for effective communication and leadership skills has the name of Donna Hackett on it but in the recipient’s eyes, it belongs to the entire Pembroke Central School District family.

Contacted today by The Batavian, Hackett’s first word was just that – Pembroke.

“Pembroke is an amazing place to let all of this happen,” she said. “They certainly support me in ways that are outstanding for a little district like we are. To me, this is a team award; one person can’t make anything happen.”

She then thanked administration for being receptive to bus garage needs.

“Our little Pembroke bus garage is such a team. The principals support us, the athletic director supports us. Everybody works together. And our drivers are amazing, caring hearts. It’s a districtwide award, I truly believe that,” she said.

NYAPT representatives Peter Lawrence, of Fairport, and David Dwyer, of Geneseo, traveled to Pembroke Superintendent Matthew Calderon’s office on Jan. 29 for the virtual presentation, which can be seen on YouTube. The award was formally announced last Friday.

All of the bus transportation employees lined the superintendent’s office – wearing face coverings and social distancing -- to witness the presentation.

Lawrence shared information about Hackett, who has served as transportation supervisor for the past 17 of her 30 years at the school, as well as comments submitted by Pembroke staff members who supported her.

He credited her for participating in the school bus rodeo and organizing a poster contest, for leadership positions with the Pembroke Volunteer Fire Department and at her church, plus her involvement with the American Red Cross. She also served on the New York State Bus Customer Advisory Panel for years in an effort to improve bus safety.

One of Hackett’s colleagues emphasized the numerous qualities that she brings to work every day -- sincere enthusiasm, integrity, communication skills, loyalty, decisiveness, managerial skills, empowerment and encouragement.

Others spoke of her ability as a mentor and desire to make things as efficient as possible.

In an emotional tribute, Calderon’s remarks focused on Hackett’s leadership and her role in keeping Pembroke students in the classroom.

“The governing authorities would tell us that it’s not essential for our kids to be in school every day. And by extension, they would say that school bus drivers are not essential,” he said. “This year, Pembroke is proving how essential it is for kids to be in school every day – and the day starts with the bus drivers and they’re led by you.”

“I want to thank you for your leadership and I am super optimistic that we will go through the 2020-21 school year without ever having to close. I believe that, and it all has to do with you and your fleet. You are super, super deserving of this award.”

Hackett said she is proud that Pembroke has been open full time through COVID-19, adding that she has “learned and shared a lot of information through NYAPT to make this happen.”

“We want Pembroke to stay open and we’re doing all that we need to do," she said. "Honestly, I have had no illness of my drivers this whole time, since September. Everyone has been here every day, just doing it." 

She said the staff consists of two mechanics, four bus monitors and 27 drivers with a fleet of 29 vehicles. Things have been busier lately since interscholastic sports and field trips are back on the schedule.

“It’s kind of extra because we’re running jayvees separately from varsity,” she said. “We’re not putting too many people together at once, so it makes for a little extra work but the kids are going back to their sports and that’s exciting.”

Hackett recalled starting as a substitute bus driver in 1990.

“I just fell in love with school bus transportation. As a bus driver, that wasn’t something I had planned on doing, but my landlady at the time was a bus driver and suggested it to me. It was perfect for our family,” she said.

“I had a newborn daughter. I thought that I could be the working mom and just couldn’t do it, so I became a bus driver, and that was phenomenal. Falling in love with all of these kids here. And when the supervisor position came open, I took that.”

She said her bachelor’s degree in Accounting Management has helped her in her job.

“It worked really well as we were able to revamp our district and then to learn the industry. NYAPT was absolutely instrumental in Pembroke being up on all their rules and regulations, and best practices. They gave me the tools to make Pembroke as amazing as it is.”

Calderon mentioned that Hackett has served as a NYAPT officer, providing important input into developing numerous state-level goals and objectives.

“She keeps us informed about important changes to the law, needed advocacy and best practices. Her efforts have resulted in our having the safest (and best looking) fleet of buses in our region!,” he said. “Her cost-effective systems have saved us time and money in maintenance costs. She advocates for students, for drivers and mechanics alike.”

A Pembroke High graduate, she and her husband, Bruce, live in East Pembroke. They have two daughters -- Jes Montroy, a STEAM (Science, Technology, Engineering, Arts and Mathematics) teacher at Pembroke High, and Kate Miller, an engineer at Moog Inc. in East Aurora -- and a grandson, Oakley, a first-grader at Pembroke Primary School.

Established in 1983, the award is named after Art Schock, a longtime transportation supervisor at Sweet Home Central School who served as the organization’s fourth president in 1980. He passed away in December of that year.

Dwyer said recipients of this award demonstrate traits such as dedication, compassion, leadership, innovation and the ability to communicate – characteristics embodied by Schock that helped build and advance the mission of NYAPT.

Photo: Donna Hackett displays her award from the NYS Association for Pupil Transportation in front of the adoring eyes of her Pembroke Central School District bus garage employees. Submitted photo.

Genesee governmental leaders ready to address call for a countywide unified water rate

By Mike Pettinella

Not satisfied with the latest water rate study conducted by a New York City consulting firm, Genesee County government leaders will be putting their heads together in the coming weeks to find a path to a unified water rate for customers in the county’s two retail areas and lone wholesale area.

Tim Hens, county water system coordinator (as well as highway superintendent and engineer), updated the Genesee County Legislature’s Public Service Committee last week about the topic, which was prompted by a request by several towns in the Western Genesee MCWA Retail Area to look into the possibility of one rate for all.

The MCWA, or Monroe County Water Authority, provides water to most of the county, and determines the rates that users pay. Genesee County is divided into three zones: the East and West Retail Areas and the Central Wholesale Area. Currently, the rates are different in the three areas, with the West paying more than the other two, Hens said.

The West is comprised of the Town of Pembroke, Town of Darien and Village of Corfu.

The East side is comprised of Byron, Bergen, Le Roy, Stafford and Pavilion and the associated villages in those areas.

And the Central (or northwest) is comprised of the towns of Alabama, Oakfield, Elba, Batavia, Alexander, the villages in those towns, and the City of Batavia.

“Both East and West are retail because the Monroe County Water Authority operates the system,” Hens said. “They do the maintenance and they do the billing. MCWA leases the lines from the towns, operate it on their behalf, and establish the rates.”

MCWA IS THE ‘ULTIMATE AUTHORITY’

Hens said the MCWA, as a public authority, is required to have a third-party consultant come in and look at the total operation costs – pump stations, water treatment plants, water towers, annual maintenance, billing and all the overhead that goes into operating the system – prior to releasing a report.

“But the ultimate authority establishing the rate resides with the MCWA board,” he emphasized.

Concerning the Central Wholesale Area, Hens said those towns and villages are “technically buying water from Genesee County.”

“We purchase water on a wholesale basis from Monroe County at the Seven Springs connections in the Town of Stafford and that water is blended with water produced in the City of Batavia water plant, and then sent out to those areas,” he explained. “Most of the wholesale areas are operated by the Town of Batavia as it has intermunicipal agreements with each of those towns, except for the Village and Town of Oakfield and the City of Batavia, which operate their own systems.”

Hens said that each town still has jurisdiction over its market locally, but buys water from the county at wholesale versus buying it directly from the MCWA.

“The individual rate that each town charges is based on a rate that Genesee County charges them for water, which we use basically a 50-50 blend between the Monroe County wholesale and the City of Batavia rate from the water plant,” he advised. “Those two rates right now are about 10 to 15 cents apart so averaging them together, there isn’t that big of a difference.”

BUYING WATER AT WHOLESALE RATE

He said the county charges the wholesale rate (around $2.43 per 1,000 gallons) to the Central municipalities and, in turn, they mark that up to cover their overhead, capital reserve and/or debt service, and charge the customers just as the MCWA does. Those fees increase the total rate to around $6 per 1,000 gallons, which is within 30 cents per 1,000 gallons of the MCWA retail rate after factoring in all charges.

“At the end of the day, the total rate charged to customers in the Center part of the county, with the exception of the Village of Oakfield, is very comparable to what East residents are paying and not too much different from what the West residents are paying,” Hens said. “Oakfield is a bit higher due to their debt service.”

Customers residing in the Western Genesee Retail Area pay more due to several factors, Hens said.

“What makes the West side unique is that it is a small geographic area with less customers and they also have the operation of the Corfu water plant to factor in. Monroe County uses that plant to essentially treat and disinfect byproducts coming from Erie County because we’re kind of at the end of the system,” he said. “Another factor is the cost of operating the pump station in Pembroke. That area is 60 to 80 miles from the home base in Monroe County.”

Furthermore, much more water is coming in to the East side – a larger area with more customers and just one operational expense: the North Road pump station.

“That results in the difference in retail rates with the West side, obviously, being more expensive,” Hens said/ “The West side water is also expensive due to the higher cost of water in Erie County which MCWA must buy and then markup to cover their costs.”

DISCREPANCY IS PART OF PUBLIC DISCOURSE

Hens said the price difference between the East and West came to light a few years ago during negotiations over sales tax agreements and water rates with the towns and villages.

“At the time it was about a 90-cent difference between the East and West, with the West being more expensive – and we received a lot of feedback from municipalities on the West side of the county (stating) that there was a perception of unfairness in the rate,” he said.

As a result, the county was asked to investigate – in consultation with the MCWA -- and try to come up with a uniform rate throughout the county.

“We did that about a year ago as the legislature passed a resolution asking the Water Authority to study the feasibility of a unified county rate so that East and West would basically pay the same,” Hens said. “The thought was that because of the water usage difference between the East and the West, a unified rate would be halfway between or skewed toward the East because it is using about twice the amount of water that the West does.”

Hens said county officials were eager to see the rate study, hoping that it would lead to opportunities to move Erie County water through the West side of the system -- potentially to Alabama, Oakfield or Elba if those towns were to migrate to a retail situation with Monroe County.

BILLED VS. MASTER METERED WATER

“So, we got the study back, and the rates are a little bit higher than what I anticipated,” he said. “The biggest factor in the difference from what I projected and what the consultant (Amawalk Consulting Group of New York City) came up with was they used billed water and I used master metered water. The master metered water includes lost water and hydraulic bleeds to other systems where the billed water is only what is used by customers. This skews the ratio in water between East and West.”

The consultant’s findings for 2020 projected a combined, unified rate of $4.21 per 1,000 gallons, while Hens’ came up with $3.99 per 1,000 gallons. He said the $4.21 price is an increase of 47 cents per 1,000 gallons for East customers and a savings of about 80 cents per 1,000 gallons for West customers.

Since the average house uses about 60,000 gallons of water per year, a 47-cent increase on billed water to an East customer would equate to about $30 per year.

Hens said if you project that out over the next five years, the rate in the West expands “quite quickly,” with the gap increasing to almost $2 per 1,000 gallons versus the $1.30 gap that exists now.

“One of the things that the study didn’t consider – which I’m a little disappointed in – is that we’re seeing substantial growth in water usage on the East side, especially in the next two or three years,” he said.

PROPOSED DISTRICTS TO INCREASE USAGE

Amawalk apparently didn’t “read the tea leaves” on future usage, Hens said, noting that large water districts proposed for Byron, Bergen and the Town of Bethany will use about a combined 500,000 gallons of water per day on average.

“If that usage was factored in, then the unified rate would skew more heavily toward the East rate -- and the savings in the West would be more and the impact upon the users on the East would be even less,” he said.

Hens said the study also did not consider the Center (wholesale) portion of the county, which has seen a predominant increase in water usage.

“There are several moving pieces on the Countywide Water System that either impact the rate study dramatically or the rate conversely impacts on the Phase 2 and Phase 3 projects,” he said.

Hens’ presentation drew reaction from county legislators and town officials.

Legislature Gordon Dibble, who represents Darien and Pembroke, bemoaned the fact that customers pay more in those areas, and said he hoped the study could be amended.

Water to Darien, Pembroke and Corfu comes from Erie County and already is more expensive. Hens said that the Erie County base rate for water is the “real culprit” for the difference in price.

40-YEAR AGREEMENT IN FORCE, BUT …

Legislature Chair Rochelle Stein concurred, noting that the West is facing an 11-percent increase for 2021 compared to a 4.4-percent increase in the East. Again, Hens said, factors include the Erie County base rate, operational costs at the Corfu water plant and the number of gallons of water used.

Stein also pointed out that the towns agreed to the terms when they signed a 40-year water agreement as part of Phase 1.

Darien Town Supervisor Steve Ferry Jr. responded by saying he understood but brought up that the county indicated that a transmission line between Alexander and Darien was supposed to be put in but it never happened.

He, too, urged legislators to look at the entire system “and come up with a way to make it fairer for everyone.”

Going forward, Hens said a detailed discussion is on the agenda for the April 13th meeting of the Genesee County Water Resources Agency. The GCWRA was created in 1998 from the legislature’s Water Supply Task Force to assist in the implementation of water improvements for the county.

Earl LaGrou, of Alabama, GCWRA chair, said the report is essential to the future and longevity of the county water system.

FINANCIAL STABILITY IS THE KEY

“That’s what they’re trying to secure – the type of funding that is needed … to continue on with our latest phase, to help pay for that, but also water systems are not a five- or 10-year entity, they’re 30, 40, 50 years and they want to make sure there is enough cash flow to have upgrades,” he offered.

“We’re in Western New York. If there’s an emergency ice or weather-related incident where a pipe freezes, they have to have money to repair that so people aren’t without water. That’s what they’re trying to do – just get an across-the-board, easier rate that helps solidify the financial stability of the water system.”

LaGrou said GCWRA board members just received the report from Hens and will review it before making a recommendation to the Genesee County Legislature.

“Our board kind of does all the homework and we make recommendations – we don’t set forth policy,” he said. “Between now and April 13th, I’m sure that Tim will bring to us the pros and cons of the recommendation for the water rates ... so we can make an educated decision before the April 13th meeting. There may be some calls back and forth.”

That 10-member committee also includes Stein and legislators Gary Maha and Christian Yunker.

Regional planning council makes technological strides; virtual workshops set for April 8-May 25

By Mike Pettinella

More than five months into his temporary gig as executive director of the Genesee/Finger Lakes Regional Planning Council, Jay Gsell says the agency is embracing technology while he continues to adjust his management style in a COVID-19-induced “virtual” setting.

Gsell, who served as Genesee County manager for 27 years prior to his retirement last summer, signed a six-month contract to run the G/FLRPC while its executive board searched for a permanent replacement for David Zorn, who retired after about 29 years of service.

Working out of an office in downtown Rochester, Gsell said the G/FLRPC has overcome personnel changes and the inability to have all employees together on a regular basis to make strides in several areas.

“It’s sort of a weird dynamic,” Gsell said, speaking of his staff of skilled planners and the planners and technical people from the nine counties – including Genesee -- and City of Rochester that support the agency. “It’s a heterogeneous group, and that makes for a good commitment and they play off each other very well in terms of advice and cooperation, especially in the COVID-19 environment.”

Gsell said he had to scramble at the outset as two of the four employees left for other jobs, while another staff member started at the same time that he did. A grant enabled him to hire another employee.

“We had to get through that kind of stuff, but since then we have been converting everything to electronic records,” he said. “Now, everything can be handled online; the backup for all the information is getting more digital rather than paper. We starting to winnow through all the paperwork and getting rid of a lot of things that have been there for 25 years.”

Gsell said the executive board, which includes Treasurer Rochelle Stein, chair of the Genesee County Legislature, prioritized policy and procedural changes relating to the use of technology.

Beyond digitizing its records, the agency contracted with a web development company to update its website (www.gflrpc.org) and started populating it with more detailed and current information.

“Just like any municipal government organization, we tend to be a little behind when it comes to those areas,” Gsell said, giving credit to Emily Royce, a staff planner who resides in Orleans County, for her role in keeping the website up to date.

Still, arranging staff meetings have been a bit of a challenge, Gsell said.

“All of the virtual activity that’s going on. I’ve got five staff members, each one coming into the office one day a week, and they do all the rest of their stuff pretty much remotely,” he said, joking that they are meshing well “although I’m old enough to be the grandfather of some of these staff people.”

Gsell’s agreement with the G/FLRPC ends on March 31, but chances are that he will continue as the interim director.

“As the date approaches, the executive committee will discuss where the organization is and if a new full-time executive director is in the offing,” he said.

The G/FLRPC serves its member municipalities by identifying and informing them of issues and opportunities concerning their physical, economic and social health. It, in turn, provides forums for discussion, debate, and consensus building, and develops a focused action plan that includes programming, personnel and funding.

In governmental news related to the G/FLRPC:

  • The Genesee County Legislature, at its meeting on Wednesday, is expected to vote in favor of appropriating $9,970 to support the agency’s work. This amount has not changed for the past 18 years.

Funding is contingent upon the planning council securing $500,000 worth of performance blanket bond coverage for officers and employees, which is part of another resolution on the legislature’s meeting agenda this week.

All told, the nine counties and City of Rochester provide $94,000 annually to the planning council.

  • The G/FLRPC will be hosting local government workshop online sessions on Tuesdays and Thursdays from 11:30 a.m. to 1 p.m. from April 8 through May 25.

Topics include Planning Board Overview, Clean Energy Communities, Solar Energy Facility Planning and Siting, Invasive Plants, Recognizing Indigenous People in Planning and Land Use, New York’s Quirky System of Local Government and Hot Topics in Planning.

Useful to planning and zoning board members and municipal employees in cities, towns and villages, the workshops are free, but registration is required. For more information, go to www.gflrpc.org or send an email to Jason Haremza at:  jharemza@gflrpc.org.

COVID outbreak at immigration holding facility appears to have started with one detainee

By Howard B. Owens

A detainee who had been to an outside medical facility appears to have been the initial source of a COVID-19 outbreak at the Buffalo Federal Detention Facility in Batavia, according to a source familiar with operations of the center. 

So far, 24 inmates have tested positive for COVID but only the initial detainee is symptomatic.  

In the past, Immigration and Customs Enforcement officials have been cooperative in providing information about COVID outbreaks at its facilities but today, a spokesman declined to comment and referred The Batavian to the agency's website, which contains no other information than current statistics. 

According to a source, the one symptomatic patient is isolated from the rest of the detainee population, and the other 23 are in two pods that do not have direct contact with detainees in other pods. The source said the facility continues to follow strict guidelines on personal protective equipment and regular thorough cleaning with bleach.

In April, near the start of the coronavirus pandemic, the detention facility had more than 50 positive cases -- almost all were asymptomatic -- after detainees were transferred there from other facilities. After that initial outbreak, the facility went months without a positive case reported.

The source said officials suspect this outbreak started with a person who had been to an outside medical facility because there have been no recent arrests nor transfers into the facility.

County reports 18 new COVID-positive cases since yesterday

By Press Release

Press release:

Genesee County received 18 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 and 60s.
    • Eleven of the previous positive individuals has recovered and has been removed from the isolation list.
    • Thirteen of the current positive individuals are hospitalized.
    • Seven of the new positive individuals are inmates at the Buffalo Federal Detention Facility.
  • Orleans County received seven 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, 40s and 60s.
    • Four of the previous positive individuals have recovered and have been removed from the isolation list.
    • Two of the current positive individuals are hospitalized.

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