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Interim city manager touts major savings should Council go with Genesee YMCA to provide youth services

By Mike Pettinella

Tear up the contract with Genesee County and sign a new one with the Genesee Area Family YMCA.

That is what Interim City Manager Rachael Tabelski believes is the best course of action when it comes to providing services to Batavia’s young people, beginning with the start of the 2021-22 fiscal year on April 1.

Tabelski, in memos to City Council, points to significant cost savings by letting YMCA staff run the city youth program and additional savings by ending the intermunicipal agreement with the county that provided an executive director to oversee both county and city youth programs.

Both measures are on the agenda of Monday night’s Conference Meeting at the City Hall Council Board Room. The meeting is scheduled to begin at 7 o’clock.

Council charged Tabelski, in conjunction with the City Youth Advisory Board, to send out a request for proposal for organizations interested in delivering youth services, specifically at the Liberty Center for Youth on the City Church St. Anthony’s Campus at 114 Liberty St. and during a summer recreation program at city playgrounds.

In a memo dated Feb. 15, she said the city received two proposals and one “no” bid. After scoring the two and interviewing YMCA personnel, the selection committee gave the nod to the YMCA, which received the top score.

The proposed agreement with the YMCA, per the memo, stipulates that the YMCA “will provide (services) equivalent or better than the youth services the city has provided in the past, the term … is for four years and matches the lease terms (with City Church) to use the Liberty Center for Youth, and the agreement can be cancelled with 60 days’ notice by any party.”

Tabelski wrote that the city will save $69,639 in expenses for the first year and approximately $261,461 over the life of the agreement, assuming an annual 2.5-percent increase in cost to the city via wage increases, etc.

A chart showing the cost to the city was included in the memo, and reads as follows:

2020-21

  • City provided service, $239,516, Rent, $13,200; Community Garden, $1,000. Total, $253,716.

2021-22

  • City provided service, $245,504; Rent, $13,200; Community Garden, $1,000; Total, $259,704.
  • YMCA Cost per Agreement, $175,865; Rent, $13,200; Community Garden, $1,000; Total, $190,065; Savings, $69,639.

2022-23

  • City provided service, $251,641; Rent, $13,200; Community Garden, $1,000; Total, $265,841.
  • YMCA Cost per Agreement, $184,658; Rent, $13,200; Community Garden, $1,000; Total, $198,858; Savings, $66,983.

2023-24

  • City provided service, $257,933; Rent, $13,200; Community Garden, $1,000; Total, $272,133.
  • YMCA Cost per Agreement, $193,890; Rent, $13,200; Community Garden, $1,000; Total, $208.090; Savings, $64,043.

2024-25

  • City provided service, $264,381; Rent, $13,200; Community Garden, $1,000; Total, $278,581.
  • YMCA Cost per Agreement, $203,585; Rent, $13,200; Community Garden, $1,000; Total, $217,785; Savings, $60,796.

The total savings from 2021-2025 add up to $261,461.

While the “City provided service” line increases by 2.5 percent each year, the “YMCA Cost per agreement” line increases by 5 percent each year.

When asked why the city would experience a 2.5-percent annual increase in costs and the YMCA contract was going up by 5 percent annually, Tabelski said that is what the YMCA is requesting.

As far as the annual costs for running the two programs, services at the Liberty Center for Youth will cost the city about $35,000 more than what it will pay for summer recreation.

Pact with County No Longer Necessary

Furthermore, Tabelski wrote that the city will save $21,711 over the 2021-22 fiscal year by terminating the agreement with Genesee County – a pact that began in 2011 and enabled one person to direct both the county and city youth programs.

Jocelyn Sikorski resigned as executive director late in 2020, a year that saw the Liberty Center for Youth having to close due to COVID-19 concerns and the city to cut youth program staffing due to budget constraints.

In her memo, Tabelski reported that there would be no need for an agreement with the county if Council approves the YMCA taking over, and that the city manager would oversee the youth services contract.

City Council President Eugene Jankowski Jr., contacted today, said he is pleased to see the cost savings and added that he had confidence in the YMCA, which currently has a shared services agreement with the city at the Liberty Center for Youth.

“As it appears now, it would be very difficult to turn away the large savings for the same service,” he said. “I can’t speak for other Council members, but in my mind, saving a quarter of million dollars over five years and have the Y do it at the same location, is definitely something I have to consider.”

Law and Order: Jailed Batavia man accused of punching another inmate in the face

By Billie Owens

Wayne Daniel Potter, 37, of Main Street, Batavia, is charged with second-degree assault. At 3:13 p.m. on Feb. 16, members of the Genesee County Sheriff's Office conducted an investigation into an assault on an inmate that occurred in the Genesee County Jail in the City of Batavia. It is alleged that Potter punched another inmate in the face, causing physical injury, while incarcerated at the jail. Potter was arraigned in city court and is due back there on Feb. 25. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Norman E. Bastedo, 46, of Batavia (no address provided), was arrested at 10:45 p.m. Feb. 18 by Troopers out of NYSP Warsaw Barracks. He is charged with driving while intoxicated, aggravated DWI, and moving from lane unsafely. Bastedo was located on East Bethany Road in the Town of Middlebury after he drove off the roadway into a snow embankment. After allegedly failing multiple field sobriety tests, he was arrrested and taken to the Warsaw Barracks for processing. His BAC was allegedly .21 percent. He was issued traffic tickets and is due in Town of Middlebury Court next month.

Justine Danae Wood, 34, of Washington Avenue, Batavia, is charged with petit larceny. On Feb. 15 at 9:52 p.m. Genesee County Sheriff's deputies responded to Walmart in Batavia for a larceny complaint. Following an investigation, Wood was arrested. It is alleged that the defendant stole $130.13 worth of merchandise from the store, passing all points of purchase. Wood is due in Town of Batavia Court on April 15. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Town of Batavia drafting post-pandemic plan that continues 'virtual' operations; seeking CDBG grant

By Mike Pettinella

Batavia Town Supervisor Greg Post is looking forward to the day when he doesn’t have issue any more “state of emergency” declarations.

In anticipation of the end to what has become a monthly ritual, Post has set up a committee to work on a plan for Town of Batavia operations after the COVID-19 pandemic.

Last week, Post extended the SOE for the town for another month “because of consistency with state and county and national responses to the pandemic.”

He said town officials will be formulating a new process for the utilization of town facilities, including the town hall, highway garage and parks “to address issues related to COVID but will not keep us in a constant state of emergency as we evolve from this both locally and nationally.”

Town Clerk Teressa Morasco, who is leading the committee, said towns and villages across New York are required to have an emergency pandemic plan in place by April 1 – a document outlining protocols and guidelines and the manner in which the municipality expects to conduct day-to-day business.

Joey Neth of the town’s engineering staff and Town Council members Patti Michalak and Sharon White also are on the committee.

Post advised that the town already has implemented numerous measures, such as working remotely and relying heavily on email and the town hall’s drive-through window.

“We’ve established a ‘virtual’ town hall and have been able to save $1 million without reducing efficiency of services,” Post said. “All of our inspections, accounting, plan reviews, assessments, document signing and bill collecting services have continued without interruption.”

The town had planned a $1 million project to design and expand the town hall, but that has been put on the back burner.

“If and when the state of emergency ends, we’re not going back to the way it was,” he said. “We don’t have the staff to check temperatures and we can’t hire more staff. Our plan going forward is to make the operation center more secure and making sure the business of the town gets done as efficiently as possible.”

In other developments, the town board approved the following at its meeting on Wednesday night:

  • Resolutions supporting the application of a Community Development Block Grant to replace a 5,300-foot stretch (just over a mile) of water main on Park Road, prior to the Park Road Reconstruction Project scheduled for this summer or fall.

Town Engineer Steve Mountain reported that the town will seek funding from the New York State Office of Community Renewal program to take out the 50-year-old asbestos water main under the roadway that serves Batavia Downs Gaming and other commercial enterprises.

Mountain said the pipe runs along the length of Park Road from Route 63 to the gas station on Park Road, not far from Route 98.

Community Development Block Grants come with requirements that the applying municipality must meet, primarily that 51 percent of the project beneficiaries must qualify as low and/or moderate income. Mountain said a 2018 survey indicates that the town is at 52.95 percent LMI.

A public hearing was held on Wednesday and another one will be scheduled when 75 percent of the work is completed, Mountain said.

Post indicated that the town is hoping to receive the full amount of the water main replacement, estimated to be around $900,000. The board also approved a contract for $5,900 with Municipal Solutions Inc. of Canandaigua and Le Roy to prepare the CDBG application, which is due by March 5.

  • A resolution to use a Bond Anticipation Note in an amount not to exceed $460,000 to purchase three high-end maintenance vehicles and apparatus for use by the highway, sewer and water crews.

Post said the BAN will be reviewed – and renewed annually – and he expects the town to realize “substantial saving on the interest rates, which have plummeted, and as a result of our bond ratings that have continue to increase.”

  • Establishing a committee to draft guidelines and recommendations pertaining to solar farms, which have been popping up in the town at an increasingly rapid rate in recent months.

Committee members are Council Member Chad Zambito (chair), Dan Lang, Brittany Witkop, Don Partridge, Nancy Brach and Paul McCullough.

Genesee County reports five COVID-19 cases since yesterday

By Press Release

Press release:

Genesee County received five 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 20s, 40s and 50s. 
  • One of the previous positive individuals has recovered and has been removed from the isolation list. 
  • Fourteen of the current positive individuals are hospitalized.
  • Oneof the new positive individuals is an inmate at the Buffalo Federal Detention center.
  • Correction: We retracted one positive resident of the Le Roy Village Green Residential Healthcare Facility that was determined to be a duplicate.

Orleans County received five 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 20s, 30s, 40s and 60s.
  • Two of the current positive individuals are hospitalized.
  • Orleans is unable to report the number of those who have recovered or the number of active positive cases. This data will be included in tomorrow’s update.

COVID-19 2nd Dose Vaccine Clinic from 9 to 1:45 tomorrow at GCC to be rescheduled

By Press Release

Health Alert

The COVID-19 2nd Dose Vaccine Clinic scheduled for Friday, Feb. 19, at Genesee Community College in Batavia -- for appointments between 9 a.m. and 1:45 p.m. -- will be rescheduled due to the weather-related delay of vaccine delivery. 

Anyone with an appointment during this time slot will be contacted directly by provided email or phone number to reschedule your appointment next week.

We apologize for the inconvenience.

The Genesee County Health Department

Six Flags Darien Lake gears up for season in light of state's directive that parks can open in April

By Mike Pettinella

Six Flags Darien Lake will be kicking off its season after April 9th, but Wednesday’s announcement from Gov. Andrew Cuomo that outdoor amusement parks can reopen on that date is welcome news for the popular entertainment destination that has been shut down for quite some time.

“We’re really excited about what that can mean for us opening in the spring, and we’re excited to welcome the community back to the park when the right time comes for us,” Dan Stokes, marketing and public relations manager, said today via telephone.

“Probably not as early as April 9th … We will be announcing fairly shortly those dates as we try to figure out exactly what are plans are.”

Cuomo’s directive stipulates that outdoor amusement parks will be able to entertain guests on that date, but only at 33 percent of maximum capacity.

Stokes said the park will be utilizing an online reservation system this spring, similar to one that is in place for the laser shows that currently are scheduled for the next three weekends (Fridays, Saturdays and Sundays at 7 and 8:30 p.m.).

“That way, we can cap attendance … at the 33 percent of our capacity,” he said. “I believe we are still working on exactly what our capacity (will be) and how many we can allow in the park.”

The theme park was unable to open in 2020, but the campground was open for a few weeks last summer.

Stokes said the process of hiring seasonal employees is underway. Six Flags Darien Lake employs more than 1,000 part-time workers during its peak season, filling jobs in areas such as performance, games, retail, food service, rides, park services, promotion and clerical.

“It’s going to be a virtual process, so people can apply online and (for interviews) we can follow social distancing guidelines. Those dates will be coming out fairly soon,” he advised.

Season passes are available now for $49.99 – “that’s the lowest they have been in a very long time,” Stokes said – and can be purchased via the park’s website at www.sixflags.com/darienlake.

Tickets for the laser shows are $14.99 per person, with season pass holders admitted at no charge. Again, reservations must be made through the park’s website.

Stokes said he had no information about Live Nation’s plans for summer concerts at the park’s amphitheater.

Cuomo also announced that indoor family entertainment centers and places of amusement will be permitted to reopen starting March 26 at 25 percent capacity, and day and overnight summer camps should be able to reopen in June.

Reopening of all of these venues will be subject to the ongoing COVID-19 protocols – including face coverings and social distancing for customers and staff – along with health screenings and temperature checks for patrons prior to entering.

Batavia Tops Market celebrates 'fresh' new look with grand opening

By Mike Pettinella

Tops Market President John Persons said he and his team logged hundreds of miles in their quest to come up with just the right look for their latest round of store remodeling.

“I think this remodel has turned out the best,” said Persons, speaking during grand opening festivities at the Batavia Tops on West Main Street this morning. “The executive team along with some of our construction department toured the whole East Coast and looked at other stores, other ideas, and we came up with this prototype with a new comfortable feeling, and a new color décor and palette.

“Of course, we wanted to enhance the departments … making sure we had the right physical pieces, the right cases that are easy for customers to use, the right capacity for all our shelves and fresh products.”

Tops invested about $4 million to modernize the Batavia store, Persons said, and is committed to remodeling six or seven stores a year. The Le Roy Tops was remodeled last year.

“This is the third full remodel that we have done at this location,” he said. “The original location was across the street. Then we moved here and remodeled in the early 1990s, in the mid-2000s, and now this one.”

Store Manager Kris Ponzi, in her 31st year with the company, said new features include a daily fresh-cut fruit station, daily freshly prepared sushi made by an outsourced chef, new cheese shop with local and imported cheeses, expanded olive bar, wider selection of grab-and-go meals, brew market featuring local beers, and new refrigeration throughout the store.

“Everything in the store is brand new, from the flooring to the fixtures to the ceiling to the LED lighting and décor. Our shoppers will find a wide variety of items that they didn’t find before, and we’re really excited,” she added.

When asked about the recent merger with Price Chopper, she said today was all about the grand opening and that “nothing is changing in the way we operate right now.”

Photo at top: Tops Market President John Persons, Batavia Store Manager Kris Ponzi and Chief Executive Officer Frank Curci cut the ribbon this morning at the Batavia store's grand opening.

Photo at bottom: Produce Associate Tammy Bickle, Executive Jack Barrett, Assistant Manager Mike Dowd, Grocery Manager Rob Aube, District Manager Mark Dudziak, Customer Service Manager Melissa Reigle, President John Persons, Store Manager Kris Ponzi, CEO Frank Curci, Operations Manager James Stokes, Night Manager Angela Taylor and Meat Manager Tim Johnson.

Photos by Mike Pettinella.

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

By Mike Pettinella

It looks as though the Genesee County Legislature has found a qualified person to fill the vacant position of county coroner.

Minutes ago, the governing body’s Ways & Means Committee voted in favor of a resolution appointing longtime paramedic Wade Schwab as coroner, effective Feb. 24 through Dec. 31.

The measure will be put on the agenda of next Wednesday’s full legislature meeting at the Old County Courthouse.

One of the four county coroner jobs became open earlier this year upon the resignation of Jeffery McIntire, who moved to Florida.

The resolution follows Section 400 (7) of County Law that stipulates that an appointee shall hold office until Dec. 31 following the first annual election, at which the vacancy can be filled by election. The position will be on the ballot in November for the unexpired term, which carries through Dec. 31, 2023.

Schwab introduced himself to the committee, noting that he has lived in Genesee County for many years and has been a paramedic for about 30 years.

Just recently, he accepted a full-time paid paramedic staff position with Central Orleans Volunteer Ambulance in Albion. Before that, he was employed for nearly 20 years with Mercy EMS, climbing to the rank of crew chief of special operations. He also is part of the City of Batavia’s Emergency Response Team.

He told the committee that he has become more interested in the coroner position over the years.

“Back when I was employed by Genesee Memorial Hospital as a medic, we used to have a full-service morgue on premises and did autopsies,” he said. “I’ve got a fairly well-rounded background as far as being able to handle the position as I move into the next chapter of my life, and I greatly appreciate the appointment.”

Schwab joins the county team that also includes Karen Lang, Adam Palumbo and Tom Douglas.

He and his wife, Laurie, live in Alexander with their two German shepherds.

City planners approve site plan for radiology/ICU addition at United Memorial Medical Center

By Mike Pettinella

The Batavia City Planning & Development Committee on Tuesday night approved a site plan for a radiology/intensive care unit addition at United Memorial Medical Center at 127 North St.

The hospital’s request for an area variance -- in light of the front yard setback along Summit Street Extension being about 15 feet less than the minimum requirement of 25 feet -- is scheduled to be considered by the City Zoning Board of Appeals on Feb. 25.

Doug Randall, city code enforcement officer, said that he expects the variance to be approved as well since the two-story, 5,113-square-foot addition will be in line with the previous cancer treatment center addition.

According to information provided to Randall, the project will feature a new building entrance off of Summit Street Extension, three new parking spaces and landscaping along the entire frontage of the addition. About 75 percent of the proposed addition perimeter will abut the existing hospital structure.

Additionally, plans call for an extension of the 90-degree parking area in front of the cancer center, but do not include any new hospital beds.

UMMC President Daniel Ireland and Facilities Management Director Dave Hetrick attended the PDC meeting along with Joe Hanss, architect with Clark Patterson Lee of Rochester.

Ireland, responding to an email for comment today, said the $8 million investment will result in improvements to the facility infrastructure, such as heating and cooling, and direct patient care related items, and will include a new Magnetic Resonance Imaging unit, Computerized Tomography scanner, and improved flow and access to the main campus and the Radiology Department.

“The intensive care unit portion of this project will set the stage for a future renovation that will bring state-of-the-art ICU rooms to the facility,” he added.

He said he expects crews to break ground by the end of March, with all radiology additions and renovations as well as the shell of the future ICU to be completed in early 2022.

Final timelines are dependent on the continued approvals of local governing bodies and will be set once all local approvals are obtained, Ireland noted.

In other action, the PDC approved a site plan submitted by Jack Waggoner, owner of 39-43 Jackson St. -- a structure designated for renovation with the support of $100,000 in Building Improvement Fund money in connection with the New York State Downtown Revitalization Initiative.

Previously, the site plan was recommended for approval by the Genesee County Planning Board.

The application includes numerous improvements such as building out the storefront entrances, replacing windows, and installing new lighting, retractable fabric awnings and doors.

Three businesses are on the lower floor and five office units are on the top floor.

Waggoner said he is in the process of contracting with an architectural firm and hopes to begin renovations in May.

Previously: County planners to consider site plan for renovations at 39-43 Jackson St.

Ader: Grant funding fortifies county public defender's office as staff deals with protocols

By Mike Pettinella

Considerable grant funding has enabled the Genesee County Public Defender’s Office to handle its caseload, provide technology for its attorneys and keep the line of communication with its clients open, Public Defender Jerry Ader said Tuesday.

In his 2021 report to the Genesee County Legislature’s Public Service Committee, Ader said he was “pleased” about the grant funding, noting that the department’s staff -- which includes six full-time and one part-time assistant public defenders -- is “adapting and being flexible as we deal with the (COVID-19) pandemic.”

“All in all, we’re doing pretty well, all things considered,” he said.

His report indicated that his office is “directly related to the protocols and procedures in effect by the courts and, to a lesser degree, the Department of Corrections and Community Supervision.”

Ader said grant money has enabled the purchase of laptops for each of the lawyers, vital to efficiency as much work is being done remotely, and more and more appearances are “virtual.” 

The office received a grant to devise a better video conference setup between attorney and client, one that features a plexiglass shield for the conference table, wall-mounted television, and premium air purifier.

Additionally, the office continues to receive grant funding from the New York Indigent Legal Services Office and “notwithstanding the financial constraints New York faces … we continue to receive full reimbursement for our claims on this funding,” Ader said.

He said the second year budget of a five-year contract with ILS was approved and will provide more than $650,000 to the department. Focus on the third-year budget will be on renovating part of the former Engine House restaurant to make it Americans with Disabilities Act-compliant for access to the second floor and to build office space.

Financial incentives from ILS are allowing staff members to appear at all off-hours arraignments, no matter what time of day, Ader said. He said his office is working with local judges to appear regularly for arraignments on appearance tickets during regular business hours.

Ader said there is talk about continuing virtual arraignments after the pandemic subsides, but thinks “it will meet a lot of resistance post-pandemic.”

On the subject of staffing, he said he hopes to fill the vacant paralegal position once vaccines for the pandemic are more widely available and being taken by the general public.

“We have 2021 grant funding to increase our staff by one senior assistant public defender and one social worker, but hiring will depend on the availability of space and approval by the Genesee County Legislature,” he said.

County committee approves use of donations to enhance renovations at Genesee County Animal Shelter

By Mike Pettinella

The Genesee County Legislature’s Public Service Committee on Tuesday voted in favor of appropriating more than $11,000 in citizen donations to the ongoing renovation project at the Genesee County Animal Shelter at 3841 W. Main Street Road.

The approved resolution calls for using $11,437 in donations in order for contractors to epoxy coat additional flooring and provide fenced-in tops to the moveable kennels that are proposed for the “stray side” of the shelter.

Highway Superintendent Tim Hens, in reporting to the committee, said these items were not included in the original plan.

Afterward, he went into more detail about the project, which has a price tag of more than $220,000.

“The floors are being resealed and re-epoxied, primarily for bacteria control and cleaning,” he said. “The what we call ‘stray side’ of the kennel – the naughty side of the kennel, per se – is basically being redone. We’re putting automatic flush drains in the floor drain so that cleaning and sanitation can happen easier and quicker.”

Other improvements, mostly to facilitate the housing of dogs, include weatherization, regrouting and the introduction of mobile kennels, he said.

“There’s the weatherization of the enclosure around the kennels so that the external portions of the kennels are heated and conditioned as well as the inside. We are doing substantial regrouting and repointing of all the block and tile work in between the actual kennels themselves,” he said.

Hens said the pole barn-type building “looks nice on the outside” but is 20 years old, resulting in the rotting out of materials and ground that are constantly exposed to urine, feces and water.

“That is being replaced, and we’re swapping out for mobile kennels, primarily so the volunteers and the staff can move kennels around,” he added. “We’re trying to create a quarantine space for contaminated animals and things like that.”

The number of animals at the shelter, which is under the supervision of the Sheriff’s Office, varies from week to week, he said, noting that recently there were 57 dogs and cats at the facility.

Construction is underway, he said, but has been delayed a bit due to COVID-19-related supply-chain issues. He said he hopes to have the work finished by April.

In other action, the committee approved the following resolutions, which will be forwarded to the Ways & Means Committee and/or the entire legislature for final voting:

  • Extension of a contract with GLOW Counties and Environmental Enterprises Inc. for the GLOW Household Hazardous Waste Collection Program at a cost not to exceed $33,000 for 2021.

GLOW Solid Waste Coordinator Peggy Grayson said the county has contracted with GLOW Counties and Environmental Enterprises for 17 years and has received exceptional service. She said collection of household goods is scheduled for Sept. 18 at the Wyoming County Highway Department in Rock Glen and collection of electronics will take place on Sept. 25.

  • Amending the Sheriff’s Office budget to use $79,921 this year in available grant funding from the Division of Homeland Security & Emergency Services, New York State Governor’s Traffic Safety Committee and an agreement with the Village of Bergen to provide additional services.

The grants include two DHSES grants ($47,661), a NYS GTSC Police Traffic Services Grant ($27,000) and the Village of Bergen agreement ($5,260).

Sheriff William Sheron said the DHSES money will be used to place laptop computers, radios and other communications equipment in patrol cars, while the Police Traffic Services Grant funds will be used to pay overtime necessary to support the program’s requirements.

Available funds from the Village of Bergen contract will be used as warranted to provide additional patrols in the village during the spring and summer months, he said.

The committee also accepted a $2,000 grant for the Sheriff’s Office to participate in the statewide Child Passenger Safety Program between Oct. 1, 2020 and Sept. 30, 2021.

Sheron said deputies would be available to show people how to properly install child safety car seats and to provide seats, if necessary.

  • Approval of special events applications at the Genesee County Park and Forest, a memorandum of understanding and a donation to support a Student Conservation Association internship as the county continues its relationship with the Association for Conservation of Recreational and Natural Spaces.

The ACORNS group will be using the park for a music event on Aug. 7 and a 5K/10K trail run and walk fundraiser on Oct. 3. Proceeds are used to assist the county with future programming, donations and other support.

The memorandum of understanding solidifies ACORNS’ standing with the county, according to Highway Superintendent Hens, who reported the organization has grown from 16 to 50 members who help the county promote the park.

ACORNS has donated $5,700 to the county to fund a 16-week, full-time SCA intern, whose responsibilities will include overseeing volunteers and assisting with environmental education.

Legislator Christian Yunker praised ACORNS, stating that the group “does tremendous things to support the county park.”

Genesee County calls upon design firm to update its report on proposed jail with Orleans

By Mike Pettinella

Acknowledging that there are obstacles to overcome before a shared jail with Orleans County is a reality, Genesee County Manager Matt Landers today said the firm hired to design a proposed 184-bed facility is being called upon to update its study.

“Even though the study we had done that was the basis for the design work on the jail is only about three-, three-and-a-half years old, a lot has happened in those three-, three-and-a-half years,” Landers said during the Genesee County Legislature’s Public Service Committee meeting at the Old County Courthouse. “So, we are having SMRT (the architectural firm) update the study.”

Not much has been said about the jail in recent months as the county – as well as the entire nation – has been dealing with COVID-19 and budgetary concerns stemming from the pandemic.

In June, Landers reported that the county closed on the land acquisition – a parcel just east of County Building 2 on West Main Street Road – and the schematic designs of the jail were complete.

The county has contracted with SMRT and Pike Company Inc., the construction manager, for about $2.3 million and $1 million, respectively.

Landers said discussions with Orleans County officials have resumed, and they are encouraged by wording in the New York State budget “that seems to make it easier for counties to share a jail.”

“NYSAC (New York State Association of Counties) has indicated that when they advocated for this budget, they were actually looking at us, specifically, as a possibility (for a shared jail),” he said. “We’re hoping that the governor’s office will be able to assist us with additional funding.”

Originally, the plan was to build the jail in the fall of 2019 – 184 beds with a maximum population of 144. Landers said he’s not so sure that 184 is the right number now.

“Because of the bail reform, and the reformed bail reform, and current environment, we want to have an updated number,” he said. “When people were asking me, ‘Matt, why are we looking at a jail at 184 beds?’ I want to say that we had a study done by people who do this for a living.”

He said an update of the study will “kill two birds with one stone” as it will determine the jail bed needs for both Genesee and Orleans counties, and he doesn’t anticipate a lot of extra work to update the report.

“It’s something that we really should do anyway for our own bed needs. We, at the same time, are monitoring the state budget … and working with Orleans County and looking at the vast number of hurdles that are still out there,” he said.

Landers said if all goes well, a groundbreaking could come in the spring of 2022, but “it will take further discussion with the legislature, building consensus on the size and scope (of the project).”

Batavia girls notch first victory of season behind Bryn Wormley's 29 points

By Mike Pettinella

After failing to find the range in a loss to Notre Dame on Saturday, senior guard Bryn Wormley hit her first three three-point shots tonight and went on to score a game-high 29 points to spark the Batavia High Lady Devils to a 69-34 victory over host Greece Odyssey in Monroe County League girls' basketball action.

It was the first win in four outings for Batavia, which raced to 13-point first-quarter lead and never looked back against Odyssey, 0-2.

Wormley's sharpshooting in the game's first five minutes propelled Batavia to an 11-2 advantage. She then converted a pass from senior guard Mackenzie Reigle to make it 13-2. A basket by Tess Barone, a steal and layup by Reigle, and a 15-footer from the side by Haylee Thornley made it 19-6 after one period.

Batavia blew the game wide open in the second quarter, outscoring the home team 19-2 behind Wormley's 11 points -- all on two-point baskets and foul shots.

Odyssey rallied in the third quarter, outscoring Batavia 19-9 to cut the deficit to 47-27, before the Lady Devils put up a 22-point fourth quarter to win going away.

Reigle filled the stat sheet -- recording a triple-double with 14 points, 14 assists and 12 rebounds -- and came up with seven steals, while Barone tallied nine points, and Thornley added eight points. Batavia made nine of its 14 free throw attempts.

For Odyssey, three players -- Sienna Tyo, Janayla Hunter and Asia Philip -- each scored nine points.

Batavia's next game is Wednesday at Greece Olympia.

Law and Order: Woman of accused of brandishing knife at officer, man accused of forcibly touching a person

By Billie Owens

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with: petit larceny; menacing a police officer; and criminal possession of a weapon in the fourth degree. Lyons was arrested on Feb. 5 following an investigation of a larceny that occurred at 5:37 p.m. that day at the Kwik Fill on Jackson Street in the city. When confronted by law enforcement, Lyons allegedly brandished a knife toward a police officer. She was arrainged in city court and was due there on Feb. 10. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Mitchell Cowen.

Lucas H. Benjamin, 69, of Bank Street, Batavia, is charged with forcible touching. He was arrested at about 2:20 p.m. on Jan. 28 after allegedly inappropriately touching an employee at a business on Bank Street in the city. He was issued an appearance ticket to be in Batavia City Court on March 9. The case was handled by Batavia Police Officer Miah Stevens.

Jason L. Jones, 49, of 76 Road, Brooktondale, is charged with: trespass; first-degree reckless endangerment; second-degree assault; and operating a vehicle with suspended registration. On Feb. 8, Jones was located on Jefferson Avenue in the City of Batavia and taken into custody without incident on an arrest warrant out of city colurt. The warrant stems from an incident on Dewey Avenue in Batavia that occurred at 5:25 a.m. Dec. 16. It is alleged that Jones struck a female with his vehicle during a domestic incident, causing injury to the victim. Jones was arraigned and put in jail on $2,000 cash bail or $4,000 bond or $8,000 partially secured bond. Jones is due in city court March 11. The case was handled by Batavia Police Officer Felicia DeGroot.

Alexander L. Baldwin, 32, of East Main Street, Batavia, is charged with third-degree grand larceny. He was arrested Feb. 8 after a fraud complaint on North Street in the city alleging that he was paid money for a construction job he never began. He was arraigned in Batavia City Court, released under supervision of Genesee Justice and is due back in court April 15. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

James Erick James, 41, of West Creek Drive, Webster, is charged with endangering the welfare of a child and second-degree harassment. He was arrested Feb. 12 on a warrant out of Town of Bergen Court and transported to Genesee County Court for virtual arraignment. His case stems from an incident (unspecified) that occurred at 4:43 p.m. on Dec. 14 on Route 33 in Bergen. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Daniel Myles Macleod, 33, of East Main Street, Corfu, is charged with: aggravated driving while intoxicated; aggravated unlicensed operation in the first degree; driving while intoxicated -- with a previous offense; circumventing a required ignition interlock device; refusal to take a breath test; speed not reasonable and prudent; and operating an unregistered motorcycle. Macleod was arrested Feb. 13 at 4:22 p.m. after an investigation of a  motor-vehicle accident that occurred at 5:45 p.m. Nov. 27 on Alleghany Road in Darien. Macleod was issued traffic tickets and is due in Town of Darien Court on April 6. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien.

Patrick Thomas Fuhr, 61, of Union Street, Cheektowaga, is charged with: reckless driving; obstructing governmental administration in the second degree; failure to signal, operating an unregistered motor vehicle on a public highway; and aggravated unlicensed operation in the second degree. At 4 p.m. on Jan. 29, Genesee County Sheriff's deputies attempted to contact Fuhr on Buffalo Road in Bergen, and he allegedly tried to flee the scene once they made contact. He is due in Bergen Town Court on March 3. The case was handled by Deputy Ryan Young.

Brandon C. Smart, 43, of Highland Park, Batavia, is charged with: harassment in the second degree; criminal trespass in the second degree; and criminal mischief in the fourth degree. Smart was arrested after a domestic incident on Liberty Street that occurred at 11:15 a.m. on Feb. 8. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court on March 25. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Connor Borchert.

Shaun Marquise Dukes, 39, of Elba Street, Rochester, is charged with: aggravated unlicensed operator of a motor vehicle in the first degree; unregistered motor vehicle; and uninspected motor vehicle. On Feb. 12 Dukes was arrested at 8:43 a.m. on Route 33 in Stafford after a traffic stop. It is alleged that Dukes was operating a motor vehicle and had a revoked non-driver indentification card with 27 suspensions/revocations. Dukes was released with appearance tickets and is due in Stafford Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Randy L. Ridd, 63, of Williams Street, Batavia, is charged with petit larceny. He was arrested after an investigation of an incident that occurred at a business on East Main Street in Batavia at 11:28 a.m. on Feb. 7. It is alleged Ridd took laundry detergent pods from a store without paying for them. He was issued an appearance ticket to be in Batavia City Court on April 27. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 3:11 p.m. on Jan. 29 at the Kwik Fill on Jackson Street in the city. She was released with an appearance ticket to be in city court April 13. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Cameron Jacob Sokolowski, 28, of River Street, Batavia, is charged with petit larceny. He was arrested Feb. 5 after a shoplifting complaint at a store on Veterans Memorial Drive in Batavia at 10:58 a.m. It is alleged he stole items from the store. He was taken to jail then released on an appearance ticket to be in Batavia Town Court on March 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.

Genesee 2050 survey early findings: Local farm products, well-kept recreation facilities among priorities

By Mike Pettinella

Results of the early stages of Genesee 2050 survey indicates that a majority of Genesee County residents purchase local farm products, are satisfied with many aspects of public parks, and have not experienced serious health issues due to the COVID-19 pandemic.

County Planning Director Felipe Oltramari forwarded preliminary findings of the survey -- which can be found at www.genesee2050.com – to The Batavian earlier this week, emphasizing, however, that his department continues to seek the input of citizens to help determine the best course of action going forward.

The survey, thus far, showed that 134 people responded – about half from the City and Town of Batavia, 13 from the Town of Pembroke and the rest from the county’s other towns and villages, except the Village of Alexander. Five respondents said they do not live in Genesee County.

“This exercise has really just started,” Oltramari said. “We are hoping for a significant number of responses and, as such, will be making this available for some time.”

The survey touches upon a number of topics, including respondents’ views on public safety, housing, schools, transportation and government; parks, trails and recreation areas; the pandemic’s effects on their well-being; renewable energy; and agriculture and food production.

On the latter, 85 percent of those who responded signaled that they purchase local farm products at a farmers market, while 71 percent said they buy local farm products at stores and shops other than the supermarket, and 51 percent said they buy local farm products in the supermarket.

All told, the survey indicates that local farm food production is extremely important.

Concerning the pandemic, a “mini-survey” revealed so far that 57 percent reported that their families have not experienced negative health or health care impacts due to COVID-19, while between 15 and 20 percent stated that surgery or treatment was postponed because of the pandemic.

Furthermore, of the 18 respondents who had to close a family business or a business they own, four are open again, six have not or will not reopen, and eight are still unsure. Of the 56 who answered the question about seeking assistance from the county, 48 did not seek assistance, four were able and four were unable to access assistance.

County planners are very interested in public opinion regarding recreation, especially parks and trails now that Ellicott Trail is complete.

To the question, How often have you or members of your household visited any park or trail in Genesee County in the past year?, 42 percent indicated less than once a month but at least a couple times a year; 29 percent said less than once a week but a couple times a month, and 21 percent stated at least once a week.

More than 90 percent of respondents regard the following characteristics as very/somewhat important -- support facilities such as washrooms, drinking fountains; trails and greenway connectivity, and year-round use.

Other aspects deemed very/somewhat important were landscaping and appearance, park and playground safety, and water accessibility.

On a question concerning level of satisfaction with recreation facilities, the top very satisfied/satisfied amenities were natural areas; nature interpretive areas, and nature trails, snowmobiling trails and walking/hiking trails. A higher level of dissatisfaction was revealed for swimming pools, beaches and off-leash areas.

Other survey questions and responses are as follows:

  • Why do you choose to live in your Genesee County community?

The top answers here were to be close to family/friends, nearly 60 percent; always lived here, 43 percent; close to school/work, 42 percent, and feel safe, quality of life, rural character, all at over 30 percent. Interestingly, only 20 percent checked “quality of schools.”

  • Please indicate how important each of the following is to you.

Four categories drew 90 percent of the respondents -- taxes, government efficiency, public safety and fire protection, and availability of jobs. On the other end, only 45 percent indicated that transportation choices were very/somewhat important.

  • Please indicate your level of satisfaction with each of the following.

Public safety and fire protection led the way at 77 percent who are very/somewhat satisfied, following by parks and trails, 60 percent. Taxes was the number one choice for somewhat/very dissatisfied at 45 percent.

  • Who should be responsible for issuing guidelines or standards in siting these projects and/or mitigating their impacts?

Forty-two percent indicated that local municipalities should be responsible, and only 9 percent felt that New York State should have oversight, interesting in light of the fact that more and more large-scale solar projects are being pushed by the state.

McCulley leads Notre Dame over Batavia in nonleague girls' basketball action

By Mike Pettinella

Sophomore guard Amelia McCulley scored eight straight points in a three-minute stretch late in the fourth quarter this afternoon to lead Notre Dame to a 34-24 nonleague girls’ basketball victory over host Batavia High.

With the score tied at 24 with about 4 ½ minutes remaining, McCulley drove to the hoop for two points, and followed that with a running shot in the lane, another strong drive for two more points and a pair of free throws to put the Lady Irish in front, 32-24.

Two free throws by Emma Sisson closed out the scoring in a contest marked by numerous turnovers and poor shooting from both sides.

McCulley tallied 18 points while Sisson chipped in with nine. Lindsey Weidman added four and Maylee Green sank a three-point shot – the only three-pointer of the game – for ND.

Batavia’s top scorers of Mackenzie Reigle and Bryn Wormley were held to 10 and five points, respectively, while Haylee Thornley had three points and Tianna Rhim, Tess Barone and Rachel Wright scored two points apiece.

The Lady Devils controlled the pace of the game for the first 12 minutes, forging a 12-7 lead, before Notre Dame closed out the second quarter on a 10-1 run. McCulley scored eight in the period.

The teams combined for only 11 points in the third quarter, which ended with the Lady Irish on top, 22-19.

A basket by Sisson made it 24-19 before two free throws by Reigle, Wright’s basket and a free throw by Thornley pulled Batavia into the 24-24 tie.

Notre Dame improves to 2-1 while Batavia is 0-3.

Photo: The 12th-graders on the Batavia High varsity girls' basketball team were honored by their families and coaches on "Senior Day" prior to their game against visiting Notre Dame.

From left are: Tess Barone, Haylee Thornley, Bryn Wormley, Mackenzie Reigle, Kennedy Kolb, Bella Houseknecht and Rachel Wright.

Photo by Mike Pettinella.

Grand Jury: Adult male accused of rape and sex abuse of minor in 2014

By Billie Owens

Nicholas B. Turnquist is indicted for the crime of third-degree rape, a Class E felony. It is alleged that on Aug. 23, 2014, that Turnquist, being 21 year old or more at that time, engaged in sexual intercourse with another person less that 17 years old in the Town of Darien. In count two, he is accused of first-degree sexual abuse, a Class D violent felony. It is alleged in count two that on that day he subjected a person to sexual contact by forcible compulsion.

Dean M. Nohle is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on Sept. 13 in the City of Batavia that Nohle knowingly possessed stolen property with a value exceeding $100 -- a 2014 Chevrolet. In count two, Nohle is accused of third-degree criminal possession of stolen property, a Class D felony. It is alleged in count two that he knowingly possessed stolen property with a value exceeding $3,000 -- the Chevrolet. In count three, he is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for operating the Chevrolet on Clinton Street while his license to do so was suspended by the NY Commissioner of the DMV.

Andrew L. Kosiorek is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on June 22, 2019, in the Town of Le Roy, Kosiorek stole property valued at more than $100 -- a 2018 Nissan Rogue. In count two, he is accused for criminal possession of stolen property in the fifth degree, a Class A misdemeanor. It is alleged in count two that the defendant knowingly possessed stolen property -- a Rigid 5-gallon ash vacuum.

Law and Order: Le Roy man accused of driving in Wyoming County while impaired by drugs

By Billie Owens

Michael J. Stack Jr., 44, of Le Roy (no address provided) was arrested by NYS troopers out of Warsaw Feb. 7 for driving while ability impaired by drugs. It is alleged that Stack exhibited signs of impairment during a traffic stop on Route 246 in Town of Perry. According to their police report, Stack failed standardized field sobriety tests. He was transported to SP Warsaw barracks where he was evaluated by a Drug Recognition Expert (DRE) from the Warsaw Police Department. Stack was released with appearance tickets for the Town of Perry court, where he is due at a later date.

A male who lives on Garfield Street in Holland and a female who lives on Cherry Tree Lane in Alden, both age 18, were arrested Feb. 16 in connection with an incident that occurred at Six Flags Darien Lake at 1 a.m. on Dec. 12. Their names are not disclosed because they may qualify for youthful offender status (at the time of the incident). It is alleged they climbed over multiple fences and trespassed in restricted areas of the Six Flags property. They were released with appearance tickets to be in Town of Darien Court at a date to be determined.

Hyde: Capable workforce, low-cost energy, no equipment taxes put WNY STAMP in an enviable position

By Mike Pettinella

At first glance, one might think that a major metropolitan area such as Austin, Texas, or Phoenix, Arizona, would have major advantages over the Western New York Science and Technology Advanced Manufacturing Park – better known as STAMP – when it comes to convincing an international corporation to build a semiconductor facility in the Town of Alabama.

But not so fast, says Steve Hyde, chief executive officer of the Genesee County Economic Development Center, who participated in a video interview with Howard Owens, publisher of The Batavian, earlier today.

Hyde, when given the opportunity to “sell the STAMP site,” didn’t hesitate -- coming up with several reasons why it would be beneficial for a company such as Samsung, for example, to build a $13 billion chip manufacturing plant at STAMP.

Recent published reports indicated that Samsung was considering STAMP – as well as the Austin and Phoenix areas – for a new semiconductor plant and that the Albany-based Plug Power was planning on operating a “green hydrogen” facility at the Genesee County park.

“STAMP can really compete and they (potential tenants) have got to take a serious look at us,” Hyde said. “That’s why we’re seeing opportunities in a big way right now in the marketplace.”

Hyde backed up that statement by pointing out that STAMP is located between two metropolitan areas (Buffalo and Rochester), has a growing and hungry workforce, and has access to low-cost green energy, and also the fact that New York does not impose “personal property taxes” on manufacturing equipment – a significant savings to these mega companies.

“There are very discreet advantages here in Western New York that you want to seize upon and emphasize,” Hyde said. “And they also need to consider that against some of the challenges in a market that has been a boomtown for 25 years (speaking of Austin) … that you have incredible competition for the workforce there right now.”

He noted that in Austin, the home of Tesla, Oracle, Texas Instruments and Samsung, big companies are competing for the same set of workers.

“Plus, the infrastructure there is overwhelmed and the congestion is crazy. So, there’s some challenges there relative to workforce,” he said. “When you look at us, we’re at a distance of a mile a minute you can literally travel on the highways. And there’s a well-qualified workforce from New York’s second- and third-largest metros. And for the pay rate at STAMP (estimated at $75,000 to $100,000 annually) … those workers will drive 30 to 45 minutes.”

Hyde also said another big advantage is that New York doesn’t charge “personal property taxes.”

“All of the manufacturing equipment in Texas is taxed as personal property taxes. So, when you really look closely at it, we’re going to be really aggressive on the incentive side with the state … and will be far less expensive than Austin because we don’t tax the equipment that will be two-thirds the cost of the project,” he explained.

He also pointed out that this area has good workforce solutions, noting that area colleges, including Genesee Community College, and Genesee Valley BOCES are building degree programs for high-tech industry.

“These big projects that we’re talking about, whether it’s a big renewable project or semiconductor, (they’re) huge power users,” Hyde said. “They want green power and we’ve got the New York Power Authority and we’ve got Niagara Falls less than 30 miles away. We have some of the lowest-cost green energy available in all of North America – like half of what it costs in Austin.

“So, you look at power, you look at operating costs, our labor is about 10 percent cheaper than Austin right now because the market has run up so much. Those factors are a huge part of the cost profile of running an operation like this.”

Hyde’s comments come in the face of a story in the Buffalo-based Investigative Post that indicates Samsung is leaning toward Austin as the site for the microchip factory that would employ about 1,800 people.

According to the Investigative Post report:

  • Austin “appears to have a leg up, as it is already home to Samsung Austin Semiconductor, which has 2,500 employees;
  • Samsung has purchased 250 acres of land next to its existing facility and has applied for zoning variances, and is seeking more than $1 billion in incentives to build there. It quoted Nate Jensen, a professor at the University of Texas-Austin, as saying Samsung’s odds of expanding there are “north of 90 percent.”
  • Roger Kay, a market analyst with Boston-based Endpoint Technologies Associates, said that Austin has “the inside track” and suggested other sites, including STAMP, “are most likely involved to help the company drive up the value of incentives in Austin.”

Hyde remains optimistic, stating:

“We’ve been eating this elephant a bite at a time as capital becomes available. You know what, though, we’re finally just now arriving at the season where we built the initial pieces of the infrastructure for the site and we can accommodate smaller projects. But we’ve got all of the big infrastructure fully designed, fully permitted and fully ready to build … and now the big projects are inside that window.”

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