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DePaul Properties Inc., and Genesee/Orleans Council on Alcoholism and Substance Abuse are among 104 community providers in 41 counties to receive funding from the fifth round of Gov. Andrew Cuomo’s Empire State Supportive Housing Initiative.

Announced at the end of January, DePaul’s Batavia Apartments at 555 E. Main St. will receive $400,000 for an additional 20 units (beds) – increasing the facility’s capacity from 42 to 62 units – while GCASA will receive $250,000 for an additional 10 units (beds) to go toward operating costs of its supportive living program.

Additionally, DePaul’s Batavia Apartments have been granted $4.7 million from the New York State Homeless Housing Assistance Program to cover construction and design costs.

“We’re really excited for Genesee County,” said DePaul President Mark Fuller, also mentioning that the agency opened the 60-bed senior apartment building known as La Rosa Villas in Le Roy last September.

Fuller said he was particularly pleased that the project includes the installation of an elevator.

“The elevator will make it more user-friendly for both the existing and the new people,” he said. “I’ve been working on this for a while.”

He noted that when constructed about a dozen years ago, DePaul decided to save some money by not putting in an elevator.

“The first floor was handicapped accessible, but the reality is that a lot of our residents have real mobility problems – getting up and down – and they also have different handicaps. So, that has been an issue,” he said. “And other issue is that there has been a huge waiting list, twice as many people (as apartments that are available).”

Fuller said the push to build 20 more units has been in the works for about three years.

“This will enable an enhancement of the services that we’re providing,” he said. “And the need is definitely there. As Batavia, Genesee County and Upstate New York ages, we’re seeing more and more frail elderly, and they lack good, handicapped-accessible housing.”

He said the ESSHI money – broken down as $20,000 per unit times 20 units -- will be used to run the addition and will be reimbursed after it is open.

Of the new units, 10 will have no age requirements for tenants and 10 will be limited to those 55 and over. The previous 42 apartments have no age requirements, he said.

Rent is fixed for the one- and two-bedroom units but potential tenants are subject to income limits.

Fuller said the company has acquired building permits and is in the process of getting it designed en route to the financial closing. He said he hopes to start construction by June and expects completion within a year.

Funding Ups GCASA's Units to 15 in Genesee

At GCASA, Rosalie Mangino-Crandall, director of project innovation and expansion, said the ESSHI awards permit up to $25,000 per bed/unit and “that is what we ask for per unit or very close to it each time.”

“So, for the units about to open, we will have just shy of $125,000 (5 units x $25,000), and for the newly announced award, we will have about $250,000 (10 units x $25,000).”

GCASA also operates two units of ESSHI housing in Orleans County.

Mangino-Crandall said 100 percent of the ESSHI funds will go for operations of the program, which are paid when the agency submits a list of expenses incurred to the state for reimbursement.

She said for this project, renovations on the units of a property previously purchased are almost done, setting the stage to provide supportive housing for those with a substance use disorder who are homeless or a risk of not having a home, or have a history of housing instability. Individuals and families are eligible for this service.

The ESSHI, per its website, has been set up to provide $30 million annually to fund support services and operating costs for at least 1,200 units of supportive housing for homeless persons with special needs, conditions or other challenges. The conditional awards provide service and operating funding for permanent supportive housing units.

Genesee County Manager Matt Landers this afternoon reported that Genesee County has the lowest seven-day positivity rate for COVID-19 in the Finger Lakes Region.

“It’s a nice feeling to have, a nice distinction to have at this point – especially given that just several weeks ago we were not only the worst positivity rate in the Finger Lakes Region, but we were competing for the worst in the state,” Landers said during the regular meeting of the County Legislature via Zoom videoconferencing. “It’s nice to see the turnaround and that our positivity rate is below 3 percent.”

He called it a “quick turnaround” and said it is due to “all the hard work we have been doing in this community in terms of messaging, distancing and the testing and the vaccination.”

On another front, he said the Genesee County Police Reform and Reinvention Draft Report has been posted on the Genesee County Sheriff’s Office page of the county’s website -- Welcome to County of Genesee.

He encouraged residents to look it over and provide feedback by sending an email to: county.manager@co.genesee.ny.us

“I’ve gotten some comments already and I welcome more,” he said.

The Genesee County Police Reform and Reinvention Collaborative has set its next meeting for 6 p.m. Feb. 23 (via Zoom) -- not on the 22^nd as originally scheduled due to some members being unable to attend.

A resolution to accept the report is expected to be considered by the Public Service Committee on March 15, a couple weeks before it needs to be submitted to the New York State Office of Management and Budget.

In official action, the legislature:

• Voted in favor of accepting an $11,100 grant from the Rochester Area Community Foundation’s Muriel H. Marshall Fund to launch the CallHub pilot program for the county’s Office for the Aging.

To be utilized over the remainder of this year, the grant will allow the Office for the Aging to help people safely connect with phone calls going through CallHub, a secure web-based tool that makes communication between individuals and groups of people easier, quicker and safer through a designated phone number.

The resolution that was passed indicated that CallHub is an application that allows for improved program management for staff and volunteer-based programs, through mass messaging and real-time data collection and monthly reporting capabilities.

OFA Director Diana Fox said the office’s “safe” number appears on the caller ID, keeping the caller's personal number private.

“This is advantageous for volunteer-based programs and staff working remotely due to the pandemic,” she stated.

• Approved amendments pertaining to the payment schedule of 2021 contracts with The Mental Health Association of Genesee & Orleans Counties, Restoration Society, Living Opportunities of DePaul, Genesee/Orleans Council on Alcoholism and Substance Abuse, and Arc of Genesee Orleans.

Per New York State requirements, regular payments to these agencies should be paid quarterly, not monthly as the current contracts stipulate.

As a result of the legislation, quarterly payments will be as follows:

The Mental Health Association of Genesee & Orleans Counties, $95,142.75; Restoration Society, $71,113.50; Living Opportunities of DePaul, $11,201.25; GCASA, $387,668.25; Arc of Genesee Orleans, $10,436.25.

Landers said funds provided to these organizations are “pass-through” from the state.

“This is not what we traditionally consider outside agency funding,” he said. “When we refer to outside agency funding we refer to Genesee County taxpayer-supported funding for agencies such as the Holland Land Office or GO ART!”

Corrine Elizabeth Navarra, 39, of Mill Street, Le Roy, is charged with third-degree grand larceny and third-degree welfare fraud. Navarra was arrested after an investigation by Department of Social Services Investigator Robert Riggi. It is alleged that starting on Jan. 17, 2020 she failed to report income while receiving Supplemental Nutrition Assistance Program (SNAP) benefits, which would have lowered her benefit. It is alleged that Navarra received $3,840 in benefits that she was not eligible for. She was arraigned in Genesee County Court on Feb. 10 and released on her own recognizance. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Jason William Doohan, 37, of Jerome Place, Batavia, is charged with fourth-degree grand larceny and offering a false instrument for filing in the first degree. Doohan was arrested after an investigation by Department of Social Services Investigator Robert Riggi. It is alleged that on March 1 of last year Doohan failed to report income he earned scrapping metal, which resulted in Doohan receiving $1,464 in public assistance benefits that he was not entitled to. The defendant is due in Batavia Town Court on March 1. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Chief Shawn Heubusch has issued Batavia PD's first annual report in a number of years -- hard to say how many -- and it includes statistics on crime in Batavia and a vision for the future.

"(An annual report has) been on my agenda since 2013," Heubusch said. "I haven’t had the time or staff to do it." ("Still don’t have the time or staff, but I did it anyway!")

The department responded to 20,662 calls for service in 2020. Officers processed 423 criminal arrests. They also conducted 2,772 traffic stops and issued 1,190 citations. There were 417 traffic accidents reported, including 64 personal injury accidents and one fatality.

Among the calls for service were 480 domestic complaints. There were 248 victims in Batavia of domestic violence, up from 237 in 2019 and 209 in 2018.

Officers also responded to 277 alarm calls and 343 9-1-1 hang-up calls.

The highest number of criminal complaints were for simple assault at 291. There were 287 larceny complaints. There were 139 complaints for criminal mischief (property damage). 

A total of 32 drivers were stopped for operating under the influence of either drugs or alcohol.

In violent crime, 39 aggravated assaults were reported, 13 rapes,  and 12 robberies.

There were no murders in Batavia in 2020.

There were 45 burglaries and 14 vehicle thefts reported.

Twenty-seven people were arrested for possession of a controlled substance.

A highlight of the year was initiating the return of a K-9 patrol to the city with Officer Steve Quider beginning handler duties.

The department also participated in a police reform and reinvention program mandated by an executive order that led to seven meetings with community members for a review of police produces and community relations. 

Strategic priorities for the department include a new police facility, the department becoming a NY State accredited agency, implementing the city's deer management plan, and reviewing the comprehensive emergency management plan in conjunction with City Fire.

Goals for the year include updating field training, initiating a new traffic safety program with an emphasis on pedestrian and bike safety, and enhancing community engagement.

To read the full report, click here (pdf).

With little fanfare, the Batavia City School District staff has taken on a strategy to help families in need as part of an overall effort to care for the whole child and to become a greater asset to the community.

A former kindergarten room at Robert Morris School has been converted into a community center where children and parents can get assistance not just with school work but with many life needs -- from doing the laundry to ensuring everybody has appropriate clothing.

Julie Wasilewski, a district social worker, and Julia Rogers, Batavia High School assistant principal, have spearheaded the effort. They presented the community center idea to the Board of Education during Monday's meeting as part of a presentation of the new Batavia Community Schools Initiative.

The initiative is described as a reform strategy "to promote child well-being, student success, and educational equality."

(NOTE: The school board meeting was held via Zoom and Wasilewski and Rogers were on a shared device and it was impossible to see who was talking when and so quotes are generically attributed to "she said.")

"Community schools are for student education and development," she said. "They are a place where we fundamentally pay special attention to and ensure students' physical, medical, safety, their social-emotional needs are met. When we meet these needs, families can then fully engage in the opportunities afforded by public school education."

A great school is one that cares for the whole town, they said. It involves working with residents throughout the community to support learning. It includes not just educating children but educating parents. 

"We're powered by strong relationships with agencies, businesses, health care providers, clubs and organizations," she said. "Every family and community member can be leveraged as an asset to children's lives. So far, we have 82 of these arrangements with community leaders who are willing to extend the power of their organizations."

The new engagement center is one part of the plan, but so far it's the most concrete effort to serve the community.

"When a family enters the family community engagement center, they are treated with the utmost respect and compassion, regardless of whether they are making optimal life decisions or maintaining a sober lifestyle," she said. "Four hundred and 16 donations have been made to children ... clothing, school supplies, hygiene products, toys, books, housewares, bedding, and food. The closet contains appropriate clothing so an individual can be successful and feel a sense of belonging and acceptance, both in school and in the community."

"There is no Batavia community member who has to skip an interview or a day of work because they don't have appropriate clothing," she said.

Shoes are available to children so they always have something appropriate to wear on the playground or walking outside.

A recent example of how the engagement center assisted community members outside of a school environment was when Tammy Hathaway from United Way contacted the center looking for 30 winter coats. The coats were donated to GCASA because people who are waiting for their methadone treatment are required, because of COVID-19, to wait outside.

The initiative comes at a time when schools are already required to adjust to meet student needs.

"Amid the hardships of COVID-19, community schools have readily adapted to changing conditions and needs, devising innovative mechanisms to deliver food, technology, health care, and other essential services to support student learning and well-being," she said.

Superintendent Anibal Soler Jr. called it a "win-win" for the community.

"Batavia is one of those communities where you grow up here, you live here, everyone knows everyone, and everyone wants to support everyone, but we don't always have the conduit to do it," Soler said. "So the hope is the school becomes the hub for the conduit. The school becomes the hub for the community."

The doors at John Kennedy School are getting extra checks on a daily basis to ensure they're closing completely after a door that was left ajar was used by an unauthorized individual to gain entry and pull a fire alarm.

The man's name has not yet been released by Batavia PD. He is apparently undergoing treatment and will be charged once he has been released from care.

Det. Eric Hill confirmed the incident took place and that charges are pending.  

The incident on Jan. 28 was discussed by the Batavia City School District Board of Education during its meeting Monday night, following a school review presentation by Principal Brian Sutton.

"The first door he pulled on, it was open," Sutton said. "He entered the building. He was in the building for about less than a minute, 55, 56 seconds. He stopped, looked at a bulletin board, and on his way, walking out of the loading docks, he pulled the fire alarm. We then had a fire drill where we accounted for all the students, all the individuals.

"Mr. Smith, our head custodian, and I went and checked out the alarm and could see it had been pulled. As soon as it was deemed safe, we had a headcount on everyone, we re-entered the building. Mr. Dehm, our security aide, pulled the camera up and we got an image of the individual and contacted our SRO Officer Davis, and they then apprehended the man down the street quite a bit, a few moments later."

Superintendent Anibal Soler Jr. told the board a man matching the description of the subject at John Kennedy had been seen earlier around Batavia Middle School and police were already in the area looking for him when the call came in from JK.

"He happened to pull on a door that happened to work for him," Soler said. "It was definitely an unfortunate situation. No one was obviously impacted. And we did communicate immediately with families that day of the event."

Sutton said as a result of the incident, the school's custodian is now checking on the doors more frequently each day to ensure the doors are closing after people pass through them.

'It's one of those things where it's a good reminder to make sure we check in multiple times," Soler said. "Now we have an alarm set on them. If they don't close all the way, they'll hear an alarm go off in the main office."

Between the interim city manager’s report and public comments, the Batavia City Council tonight heard about and touched upon several topics beyond the nuts and bolts of scheduling public hearings for the 2021-22 budget, water rates and amendments to the Downtown Business Improvement District Plan.

The Business Meeting at the City Hall Council Board Room, which lasted only 25 minutes by the way, included:

• Discussion of the City of Batavia Police Collaboration Advisory Stakeholder Group, which is wrapping up its tasks as required by Gov. Andrew Cuomo’s Executive Order 203 on community policing reform;

• Staffing of the Department of Public Works, and the police and fire departments in light of the city’s fiscal constraints;

• Budgeted funds for improvements at Falleti Ice Arena, which are sorely needed, according to a longtime “hockey mom”;

• And, barely, an update on the search for a permanent city manager, a process that was prompted by the departure of Martin Moore almost eight months ago.

Furthermore, Interim City Manager Rachael Tabelski’s report provided some insight on the police station feasibility study (and its effect on the Genesee Country Farmers’ Market), Community Garden on MacArthur Drive, Jackson Square improvement project, and the City Centre feasibility study.

City resident John Roach, a frequent contributor to Council meetings, posed questions regarding the future of the police stakeholder group, city manager search and essential services’ staffing.

Police Advisory Stakeholders Group

On the police advisory group, Roach applauded the city’s intention to continue meeting after the final report is submitted to New York State by April 1, but wanted assurances that any committees would include only city residents.

“I don’t want anyone else outside the city telling us how to run our local police department,” he said.

Tabelski’s response indicated that a “subcommittee” or “focus group” has planned to meet on its own with Chief Shawn Heubusch and the Batavia City School District as needed, so she didn’t think the recommendation would be “to keep that as a standing committee on behalf of the city.”

She and Council President Eugene Jankowski Jr. agreed that a concerted effort would be made to make sure city residents only would participate on any ongoing “community engagement committee.”

Professional Search for a Manager

Roach then asked about the status of the manager search, noting the amount of time that has elapsed.

His specific questions: “Have we got any updates on the search headhunter group? Did they find any candidates yet? And while the search is supposed to be free, there are always costs. Have we incurred any costs yet related to the search for the city manager?”

Council Member John Canale, part of the search/screening committee, offered very little in return, continuing an exercise that has been kept away from the public eye. Previously, The Batavian reached out to Canale for a few more details about the search but he did not respond to a telephone call or email.

“In regards to the manager’s search, I will not comment on specifics, but just to let you know that we are engaged with the recruitment company (The Novak Consulting Group of Cincinnati, Ohio) and we’re moving forward with our national search and we’re in that process right now,” Canale said in response to Roach. “There will be more to come.”

The search/screening committee advertised in national publications prior to a Dec. 30 deadline – about six weeks ago -- for candidates to submit their resumes.

Moore and the city mutually agreed to part ways on June 20. At that point, Tabelski, who was the assistant city manager, moved into the top spot until a permanent manager was found. She has since revealed that she has applied for the job.

Moore’s leaving prior to serving two full years also triggered a provision in its contract with Novak to obtain a “free search” for his replacement. Nonetheless, the city is anticipating some expense, including the cost of placing job vacancy notices.

Public Works, Police, Fire Staffing

On DPW, police and fire staffing, Roach said he wanted to know the number of employees and vacancies in each department, and asked, “If there are future vacancies, do you intend to fill them or just keep letting the numbers drop because of the budget?”

Tabelski replied that there are four vacancies in the fire department, with one to be filled and three to remain vacant “to achieve our budget number.”

She said the police department is down two employees.

“Contractually one of the vacancies will stay frozen for three years through a retirement incentive and the other, if and when there is funding to fill that, we’ll look forward to doing so,” she said.

DPW Superintendent Ray Tourt said there are 16 employees in his department – down one position (which is frozen this year) at the Bureau of Maintenance. He added that DPW has 14 primary pieces of equipment with one in the process of being repaired.

“One is kind of part-time,” he said. “That’s the old girl that broke down this weekend, but we’re putting her back together for the next one.”

Funding Improvements at the Ice Rink

Council heard from two city residents who wrote letters of support in favor of implementing budgeted capital improvement funds for upgrades at the Falleti Ice Arena on Evans Street.

One was from Mary Ellen Reardon, a “hockey mom” who noted that she has seen no improvements in many years and called the facility “the most poorly maintained rink in the Western New York region.”

She wrote that she has worked at the rink, her husband played in the Genesee Amateur Hockey Association as a youth and then in the Batavia Men’s Hockey League, and their three sons currently play hockey at various levels.

Other topics covered during Monday night's meeting:

• Police station feasibility study -- Tabelski said Heubusch has provided much information and is prepared to work on preliminary items that “may require us to be on that site (Alva Place parking lot) over the summertime, leading into the meetings that I’ve had with the Public (Farmers’) Market Treasurer Sharon Brant.”

The Farmers’ Market has operated at the Alva Place parking lot for the past five years.

Tabelski said she hopes the market will be able to find a site downtown this summer and a long-term location downtown as well, but they need to identify the appropriate place.

“At the end of the day, it is their choice where they operate,” she said. “If there are only one or two city locations and they are not – they don’t see those as valuable – they may not be in the downtown, but I hope that we can find a way to make it work.”

• Community garden on MacArthur Drive -- She said the project is going forward this year, adding that Tourt and the DPW are coordinating communications with the garden board.

• Jackson Square DRI project -- Tabelski said a public engagement meeting for the $750,000 Downtown Revitalization Initiative project at Jackson Square, located between Jackson and Center streets, is scheduled for 6 p.m. on Feb. 18 via Zoom videoconferencing.

“It’s an opportunity for citizens to hear about the project and help shape what that project would look like. It’s probably one of the best community spaces we have and we want to use it more often with more events,” she said.

In December, Council voted in favor of a $114,720 contract with Architectural Resources of Buffalo for engineering services to renovate and enhance the Jackson Square entertainment venue.

• City Centre feasibility study -- “The City Centre feasibility study is being finalized and will be posted on the city website very soon, and we will be submitting for reimbursement for that grant,” Tabelski advised. “That will help inform us on how to move forward with the City Centre DRI $1 million project.”

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As expected, Council scheduled a public hearing for 7 p.m. Feb. 22 on the budget, a $16.79 million general fund budget spending plan that currently calls for a 1.38-percent increase in the property tax rate. The annual property tax increase on a home assessed at $100,000 will be about $13.

Public hearings to establish new water rates, meter fees and capital improvement fees, and to amend the Batavia Downtown Business Improvement District Plan also were scheduled for Feb. 22 at the same time.

A public hearing about the Community Development Block Grant, a program of the New York State Office of Homes and Community Renewal, took place tonight, but no one from the public or Council commented. The city seeks to obtain a CDBG grant to fund infrastructure projects.

Patrick Thomas Fuhr, 61, of Union Road, Cheektowaga, is charged with: unlawfully fleeing a police officer in a motor vehicle in the third degree; reckless driving; aggravated unlicensed operation in the second degree; failure to stop at a stop sign; and a red light violation. He was arrested on Feb. 4 after a police pursuit that occurred at 9:15 p.m. Jan. 29 in the City of Batavia and towns of Batavia and Pembroke. It is alleged that he fled in his vehicle from Genesee County and Livingston County deputies. Fuhr is due in City of Batavia Court on March 10 and Town of Batavia Court March 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Erik Andre.

Christopher John Raymond Diers, 38, is charged with third-degree burglary and petit larceny. He was arrested at 3:46 p.m. Jan. 5 for allegedly stealing property from Walmart then running from store security personnel when he approached the exit. He was put in Genesee County Jail until his arraignment at 6:15 p.m. in Genesee County Court. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Christopher P. Thomas, 38, of State Street, Batavia, is charged with dog running at large. He was arrested at 10:25 a.m. Jan. 29 on the Batavia Municipal Code violation for allegedly allowing his pet German shepard to run at large on a neighbor's lawn. He is due in Batavia City Court on March 30. The case was handled by Batavia Police Officer Connor Borchert.

Zachary John Wayne Marrow, 29, of Manhatten Avenue, Batavia, is charged with failing to appear in Batavia City Court after being given an appearance ticket. He was originally arrested at 12:30 a.m. Nov. 16 at on East Main Street and charged with aggravated driving while intoxicated. He was arrested on the city court warrant for failure to appear at 9:10 p.m. Feb. 2. Marrow is due back in court March 18. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Christopher Lindsay.

On Monday night, the Batavia City Council is expected to schedule a public hearing on the municipality’s 2021-22 budget, a $16.79 million general fund spending plan that currently calls for a 1.38-percent increase in the property tax rate.

While the tax hike is modest (the annual increase will be about $13 on a home assessed at $100,000), in Councilperson-At-Large Robert Bialkowski’s eyes it still is significant and could be a harbinger of things to come.

“Three of us are Councilman-At-Large and we have to look at the whole city for the budget, not just an individual area,” Bialkowski said today. “The individual council members are all in there, doing what they’re supposed to do by fighting for their neighborhoods and all that, but everybody has been cut in the budget. And I think that this is just the beginning of more to come.”

Bialkowski called out the state and federal government for mismanaging their finances.

“When you look at the state being millions of dollars down the rat hole, and the federal government spending money that we don’t have – borrowed money, I think it’s time for people to start doing more for themselves and getting use to not having some of the nice things that they’re used to having,” he said.

“This winter is good example. People need to get out and start shoveling their sidewalks, not expecting the government to do everything for them. Still, all the services are there – the police and fire departments’ shifts will be fully manned. We made cuts in every department; every department is feeling the pinch.”

Department Heads to be Commended

Bialkowski credited the city’s department heads for coming through “in stellar fashion.”

“They’ve sharpened the pencil and eliminated things that we can live without,” he said, “but as far as being a short-term problem, I don’t think so. Everybody is looking for grants but grants are from the people.”

On the tax increase, he said that people who have lost their jobs due to COVID-19 “don’t have $12 or $13 now (to pay their taxes), and they won’t have it next year. We’re very aware of the financial situation.”

He said he also is worried that owners of rental units in the city, some who haven’t seen any rent in close to a year, will walk away from their properties – creating another potential loss in revenue to the city.

In closing, Bialkowski said “overall, I’m comfortable with it (the budget), and if people have a real serious objection, they’ll have an opportunity for input at the public hearing (which is set for 7 p.m. Feb. 22 during Council’s Conference Meeting).

Interim City Manager Rachael Tabelski, in a video interview with The Batavian on Friday, echoed some of Bialkowski’s sentiments, especially noting that the budgetary crunch could continue on for quite some time.

Tabelski: 'Can't Sustain This Forever'

“I would say the average home that’s (assessed at) $100,000 will have an increase of $13 on their city tax bill annually – a dollar a month increase. But, I will say that the city can’t sustain this forever, so we’re going to be looking at … how we do this moving forward,” she said. “The news on the sales tax was pretty good, only down 1 ½ to 2 percent. There are positive things that are happening but it’s still too early to tell.”

Tabelski said revenue is down about $800,000 compared to last year.

“I’d say the hardest part about this year is the loss of revenue plus the increase in costs,” she said. “Our best asset in the city is our personnel and we have great people that work on behalf of the city in public safety as well as clearing the roads and in our clerk’s office. It was very difficult to have positions that are going to remain frozen. We originally scheduled a layoff but now we don’t have to do that.”

She said not being able to fill every position puts an added burden on employees who work in the various city departments.

“This is a budget that I don’t like. I don’t like this budget but it is fiscally accurate and it doesn’t put a huge burden onto the property taxpayers, (the amount to be raised by taxes is $5.8 million) but just the uncertainty of the pandemic and the situation that our residents are in, exceeding the (state’s 2 percent) tax cap was not advised and certainly Council did not want that to happen,” she said. “So, we were able to deliver a budget that did not do that.”

Tabelski said city employees historically have “done a lot with a little,” and she is confident that all will pull together “to get through this crisis to get to more stable times.”

“And the state government is a factor in this, too, because that’s where some of our aid loss is coming from, and not just in sales tax.”

Options to View the Meeting

Monday’s City Council meeting starts at 7 p.m. at the City Hall Council Board Room.

As the Yellow Zone restriction was lifted from Batavia, this meeting will be open to the public with appropriate face masks, social distancing and temperature screening upon arrival.

Options for viewing the meeting include Batavia News Service YouTube Channel: https://www.youtube.com/channel/UCOdvZ9lGH0FiD9ADz6Cg6EQ

Livestreaming on Facebook: https://www.facebook.com/bataviany/

Spectrum Channel 1301 – 9 a.m. Feb. 10 and 8 p.m. Feb. 12.

The agenda also includes the following:

• A public hearing to provide information on the Community Development Block Grant program through the state Office of Homes and Community Renewal. The city is hoping to obtain a CDBG grant to fund infrastructure projects.

• Scheduling of public hearings on Feb. 22 to establish new water rates, meter fees and capital improvement fees, and to amend the Batavia Downtown Business Improvement District Plan.

Water rates and quarterly meter service fees are projected to increase by 3.5 percent, with quarterly capital improvement fees increasing by 10 percent.

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

Erik Fix believes that the numerous relationships he has forged through his prior professional experience will enable him to successfully navigate the day-to-day tasks as the next president of the Genesee County Chamber of Commerce.

“Absolutely,” Fix said, when contacted this morning after the Chamber of Commerce Board of Directors announced that he will succeed Tom Turnbull, who is retiring after seven years at the helm. “(My former positions) have given me the experience that I have needed -- being involved with the ins and outs of a nonprofit as well as being community based, and I expect to utilize my connections in the community with the Chamber of Commerce.

“I get an opportunity to do that at M&T in some regard, but as far as being involved in the entire county and having a role, there is something I’m looking forward to.”

Currently, Fix is the manager of M&T Bank’s Oakfield branch. He previously served about seven years as the regional executive director of the United Way of Genesee County.

Prior to that, he held several positions with the Genesee Family YMCA, including serving as Genesee YMCA branch manager and director of camping services at Camp Hough in Perry. He began his employment with the YMCA after graduating from Roberts Wesleyan College with a bachelor of science degree in organization management.

A member of the Leadership Genesee Class of 2009, Fix is involved in several community organizations, including the United Memorial Medical Center Foundation Board of Directors, the YMCA New Branch Development Committee, Genesee County Youth Bureau Board of Directors and the City of Batavia Police Advisory Committee.

He also serves as a volunteer coach for the Byron-Bergen-Le Roy high schools swim team. Fix lives in Le Roy with his wife, Susan, and sons Brady, Jackson and Carter.

Fix said he holds the Chamber of Commerce “in high esteem” and seeks to “continue what Tom had done and his legacy, and move it forward.”

“By starting on the 22^nd, this will give Tom and I a week of overlap,” he said. “Tom’s already putting together an orientation packet and things like that to ensure a smooth transition. This is a difficult time, so we want to make sure that we’re moving forward.”

In a press release, Board Chair Danielle Rotondo said the Chamber board is “excited to work with Erik.”

“He brings a wealth of knowledge to this position and a history of commitment to our community. We would like to extended our deepest gratitude to Tom for serving our community for the past seven years,” she said.

Photo: File photo of Erik Fix from 2017.

Last week it was Samsung. Now, it’s Plug Power.

According to a story in today’s edition of The Buffalo News, the Albany-based Plug Power has disclosed plans to erect five “green hydrogen” plants in the United States, including a $264 million facility at the Western New York Science and Technology Advanced Manufacturing Park in the Town of Alabama.

The plant, which would produce green hydrogen for freight and materials handling equipment, is expected to be in operation by 2024, per the published report.

Previously, it was reported on The Batavian that Samsung is considering the placement of a $17 billion semiconductor plan at STAMP, a venture of the Genesee County Economic Development Center.

GCEDC President/CEO Steve Hyde, responding to an inquiry from The Batavian, issued the following statement, without specifically mentioning Plug Power:

“The Genesee County Economic Development Center recently reached out to our various public sector partners, including the Genesee County Legislature, the Town of Alabama among other local and state partners requesting that the GCEDC take on the role as lead agency for an environmental review of a potential project at STAMP.

“As a result, the GCEDC has completed extensive site readiness for the 1,250-acre STAMP site, including all site-level environmental, archeological, wetland delineation, and zoning requirements. This enables site selectors and prospective tenants to conduct effective due diligence as they evaluate projects at STAMP.

“We are very excited about this significant economic development opportunity for our community and look forward to working with our public sector partners during the due diligence by Project Gateway, as we have on dozens of other economic development projects in Genesee County over the last several years.”

Currently, there are no tenants at the 1,250-acre business park, although county officials have indicated that many companies are looking at the site.

Other highlights of The Buffalo News story:

• Plug Power would begin construction this March, with an expected completion in December 2022, creating 62 full-time jobs with an average salary of $75,000 plus benefits;

• An award of $1.5 million to support the venture has been recommended by the Western New York Power Proceeds Allocation Board;

• In its application, Plug Power said it uses a process called electrolysis … leading to “zero-emission freight transport and logistics handling equipment utilizing fuel-cells and clean energy manufactured in New York.” The company said it will be the first of its kind in the Northeast, and would lead to other businesses moving to STAMP.

• Plug Power will request $2 million from Empire State Development, and a package of sales and property tax abatements through the GCEDC.

Whether you call it “refunding” or “refinancing,” Genesee County stands to save a pile of money by consolidating a couple loans and reworking the payment plan.

Speaking at the Genesee County Legislature’s Ways & Means Committee meeting via Zoom videoconferencing this afternoon, County Treasurer Scott German said the municipality may have the opportunity to save more than $20,000 in interest costs over the next 13 years.

“It’s called refunding, but for us, regular folks, it’s refinancing,” German said. “We’re going to refinance two of our existing debts.”

The two debts in question, both Public Improvement Serial Bonds, are from 2009 and 2014, totaling $2,050,000 and $4,745,847, respectively.

German said there are four years left on the 2009 debt, but “doing that one by itself wouldn’t be worth it because the cost would be prohibitive.”

So, working with Financial Advisors of Syracuse and the bond counsel firm of Orrick, Herrington & Sutcliffe of New York City, the county is prepared to put the two loans together and, if interest rates are favorable when the time comes to refinance in September, it could result in a net savings of $263,819.63.

“We technically can’t refinance that until September, so all we’re doing right now is taking care of all the paperwork – getting that out of the way – so when the market looks good in September, we’ll go to market,” he said. “If the rates go up between now and then, we won’t do it. We’ll just pull it.”

Committee members approved a resolution authorizing the debt consolidation with the goal of realizing a savings in interest fees.

In other action, the committee recommended approval of an affiliation agreement with Brockport State College for Rebecca Nigro to participate in and complete an internship that will help her complete her master’s degree in Public Administration.

It was reported that Nigro is in her last semester and is carrying a 3.95 grade-point average.

The college approved the internship as long as the county had someone with a master’s degree to oversee Nigro’s activity. Nigro works for the county, serving as the supervisor/cluster care for the Department of Social Services.

Charles J. Rodriguez Sr., 44, of West Main Street, Batavia, is charged with first-degree arson. His arrest on Feb. 2 stemmed from an incident at 6:25 p.m. Nov. 26 on Osterhout Avenue in the City of Batavia. It is alleged that Rodriguez lit a bottle of flammable liquid and threw it at the front window of a residence on that street, breaking the window. The bottle did not go into the residence but it did cause a fire. An uninvolved person was inside the residence at the time and Rodriguez allegedly knew the person was in there. There was minor damage to the residence but no one was injured. The defendant was arraigned virtually in Batavia City Court and is due there on Feb. 25. The case was investigated by Batavia Police Det. Eric Hill.

Phllip Mitchell Gambino, 25, of School Street, Batavia is charged with second-degree menacing. He was arrested on Jan. 27 after an investigation of a disturbance call at Walmart at 2:58 p.m. on Jan. 20. It is alleged he menaced another person with a knife during a verbal altercation in the store's parking lot. Gambino was issued an appearance ticket and is scheduled to be in Batavia Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kevin Forsyth.

Patrick John Frawley, 58, of Breck Street, Rochester, is charged with second-degree criminal contempt. At 10:07 p.m. on Jan. 30, Frawley was arrested at the Quality Inn & Suites on Park Road in Batavia for allegedly violating a stay away order of protection. He "was held at the Genesee County Jail for arraignment," which is set for Feb. 22. Bail, if any, was not specified. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Mathew Clor.

Cecilio Alonzo-Martinez, 33, of Burke Hill Road, Perry, is charged with operating a motor vehicle while having a BAC of .08 percent or higher, and driving while intoxicated. At 2:28 a.m. on Jan. 31, Alonzo-Martinez was arrested after an investigation of a vehicle stopped in the roadway on Route 19 in the Town of Bergen. He was released on an appearance ticket and was due in Bergen Town Court this afternoon (Feb. 3). The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Adrian Ramone Taylor, 42, of Upper Falls Boulevard, Rochester, is charged with third-degree criminal trespass. At 4:51 p.m. on Jan. 28, Genesee County Sheriff's deputies responded to Walmart following a trespassing complaint. Following an investigation, Taylor was arrested after leaving the scene. It is alleged Taylor entered Walmart after its corporate office banned him from entering all store locations because of a previous incident involving him (unspecified). He was issued an appearance ticket and is due in Batavia Town Court on Feb. 25. The case was handled by Deputy Erik Andre, assisted by Deputy Kenneth Quackenbush.

            Dr. Lalit Jain

Pandemic protocols at schools have been devastating on students, a pediatrician told reporters during a Zoom videoconference call on Tuesday.

Dr. Lalit Jain, chief of pediatrics at United Memorial Medical Center, said some students are falling behind and that the resumption of winter sports considered "high-risk" for the spread of COVID-19, such as basketball, will be of significant benefit to participants.

"(Taking students out of sports) affects them because you are getting social isolation, and like I mentioned, it affects them academically," Jain said. "Just by going out, they will be seeing friends in a safe environment. I think just participating and more activity is going to be very beneficial for the mental health ... of our students."

Local school superintendents seem to agree that the increase in available athletics for students will benefit the children.

"The return of sports safely is a tremendous help for our student-athletes' psyche and those benefits will translate into other areas of their school and community experience," said Anibal Soler Jr., Batavia City School District superintendent.

          Matthew Calderon

"I wholeheartedly agree that participation in sports and extracurricular activities helps students in every way," said Matthew Calderon, superintendent of Pembroke Central schools.

Jain expressed concern about the decrease in physical activity, the lack of social contact, and the general academic performance of students participating in distance learning.

Superintendents we spoke with shared mixed views on the impact of distance learning on students.

Jain said, "What we see is that kids are having problems with the online platform, a lot of them, because the kids who were before doing fantastic, who were A students, are now having difficulty sustaining attention from home and almost have seen some become school failures, or like grades going from the 90s to almost the 60s.

"And these are the kids without academic difficulties. So we are not even talking about the kids who are challenged, who need special help, and they are even more affected."

              Merritt Holly

Le Roy Central School Superintendent Merritt Holly characterized Jain's quote as "loaded." 

"I think some students have adapted well to the challenges of online learning," Holley said.

He said there are "some who struggle somewhat (would rather be in the classroom), and others who this system does not fit their learning style (struggle big-time). Really a student-by-student situation."

During the school board meeting Monday, while discussing reconfiguring the use of space in schools, Soler suggested distance learning might remain an option for some students after the pandemic subsides. In response to Jain's comment, he said some students do well while others struggle.

"The pandemic has impacted all of our students and our staff and we continue to try to find ways to support everyone either academically or socially," Soler said. "Social-emotional learning is one of our district goals and we knew that the lack of socialization would ultimately have an impact on our kids and staff.

"The numerous COVID rules that we have to implement have changed much of the experience for both our students and staff, but we continue to do as much as we can safely to bring a sense of normalcy."

In Pembroke, Calderon said, where most students participate in classrooms five days a week, the students who do participate in distance learning seem to struggle the most.

"By no means is online learning or the hybrid model anywhere close to providing students the sound basic education that the New York State Constitution entitles them to receive," Calderon said. "While teachers and support staff throughout our region are doing an amazing job within those parameters, and many students are holding their own, there is no substitute for organic in-person learning."

Calderon said about 20 percent of the district's students are participating in online learning and he's thankful the option exists for those who need it but the situation isn't ideal.

        Anibal Soler Jr.

"Our in-person learners love being in school, and many of them shed tears when they're told they need to go online for 10-14 days due to mandatory quarantines," Calderon said. "In regard to those who chose the 100-percent online option, a very small percentage are actually flourishing as they could be, and too many choose not to log on consistently despite all efforts to engage them. This may prove to be most problematic for some seniors who will not graduate as a result."

Calderon didn't mince words sharing his opinion about online learning.

"There is no way anyone will ever convince me that online learning is good for kids. and it certainly isn't sustainable," he said.

At the same time, he said, the district obviously takes seriously the need to help reduce the spread of COVID-19 and the district does all it can to keep the community safe.

"However," he said, "CDC hospitalization data seems to suggest that school-aged students are least at risk to be hospitalized, and therefore, I'm not sure why schools have some of the greatest restrictions in place.

"I'm obviously not a medical professional or in charge of public health, and in my role as a state-funded public school leader, I make sure our school district adheres to all the rules. At the same time, when I look at the data with my own eyes, I certainly scratch my head and wonder."

Citing similar data, Jain said he anticipates the return of "high-risk" sports to be safe for participants.

"Just following the guidelines by physicians and the authorities, I think of that will be really important," Jain said. "I don't think we're going to see that much increase in the (positivity) rate. The schools have been very safe so I think we'll do fine."

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The Batavia Town Planning Board was introduced to another community solar project on Tuesday night – a plan to install a 1.65-megawatt system on vacant land owned by the Genesee Gateway Local Development Corp. on R. Stephen Hawley Drive (College Road) – and, right away, was peppered with comments about the need to shield the array from a nearby home.

Planners held a public hearing in connection with a special use permit request by Batavia Solar LLC to put the ground-mounted solar farm at 99 Med Tech Drive, near the Genesee County Economic Development Center office.

James Taravella, senior civil engineer with LaBella Associates, Orchard Park, told the board that 5.63 acres of the 7.95-acre parcel, located in a Planned Unit Development district, will be fenced in for this solar array. He said the project calls for the installation of approximately 4,500 modules using a fixed access racking system.

Other features of the project include an access road with a 13- by 20-foot equipment pad and a 6 foot high chain-link fence around the entire layout. Taravella said all setbacks are in line with requirements of the PUD District – 50-foot front setback, 30-foot side setback and 40-foot rear setback.

As soon as he finished, Tim Morrow, a resident of Ellicott Street Road, asked if the owners of a home near the proposed solar array have been contacted about the project, stating that he is “looking out for the town and the community because I have the situation out by my house.”

Morrow has spoken out at previous public hearings and meetings against the Trousdale Solar I and Trousdale Solar II projects proposed for land owned by Donald Partridge at 5117 Ellicott Street Road.

Taravella: 'We're Communicating with the Neighbors'

Taravella said that representatives of Batavia Solar LLC are communicating with Robert and Michelle Wood of 8244 Batavia-Stafford Townline Road, whose home is in close proximity to the proposed solar array.

Morrow then asked if the developers planned to shield the solar farm with a berm or trees.

“At this early stage we have not put any screening but it is typical for a screening plan to be implemented as the project progresses,” Taravella said, adding that he plans to work with the Woods to “develop something that they will be happy with.”

Town Building Inspector Dan Lang informed those on the Zoom call that the Town of Batavia has specifications for its solar projects, including a decommissioning bond and a call for trees, berms and surface vegetation to ensure a view “that is as natural as possible in accordance with our code.”

At that point, Michelle Wood spoke up, acknowledging that she and her husband are the landowners.

“We really would like a berm put along the back of it – it protects us and our house,” she said. “We’re OK and in favor of a solar farm there. We would prefer a solar farm versus a cement industrial building there, so we don’t have a real problem with it. We would just like for them to come to us with what their ideas are and what they’re planning to do.”

Planners Want Extensive Screening

Later on, during the regular meeting, planners asked Taravella to develop a screening plan that shields the Wood house “not only from looking out their back window but also from their side window, over to the driveway” and asked him to create visual simulations showing as such.

Furthermore, board members requested screening around the entire project, including the view from College Road. Taravella said that is an early consideration as developers have to make sure that some of the fixed-angle panels are not shaded by trees or berms.

Going forward, Town Engineer Steve Mountain advised that developers should submit a long-form State Environmental Quality Review to provide as much information to the planning board, which then voted in favor of seeking lead agency status for the project.

Planning Board Chair Kathy Jasinski said the board will invite Taravella back after getting the SEQR form, which takes about 30 days, and talk about the special use permit.

In other action, the planning board:

• Following a public hearing, approved a special use permit for Janice Smith, 9149 Creek Road in the Town of Batavia, to convert an existing barn in an agricultural-residential district as a venue for weddings and other events.

“I have a large barn; I have property,” Smith said. “We went through this last year with my son where he got married, and he didn’t have a place to have it, so I would like to offer that (option) to other people. We don’t really have anything like that around here so …”

Discussion centered around the number of parking spots available on the property and whether the surface would be paved or left as grass.

Smith said there would be 157 parking spots on a grass surface, adding that the ground was “completely flat” and that she didn’t anticipate any problems being that the barn would be used during the warm weather months.

Town Building Inspector Dan Lang said that he has made several visits to the site and found “no difficulties” as the ground was solid, and there also were areas of stone and gravel.

Smith also responded to a question about possible noise issues related to music being played at the venue but said there are no neighbors for miles to the east or west and the closest neighbor otherwise were her parents.

Previously, the referral was recommended for approval by the Genesee County Planning Board with modifications that the applicant provide a revised site plan with the location and number of parking spots serving the party venue; and applies for 9-1-1 Address Verification to the Genesee County Sheriff's Office to ensure that the address of the proposed event venue meets Enhanced 9-1-1 standards*.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

• Approved a site plan and SEQR and declared itself as lead agency for the construction of a LandPro (John Deere sales and service company) sales, storage and maintenance facility at 4554 W. Saile Drive, near the Volvo Rents equipment building.

The venture initially came before the board in December and was also reviewed by county planners.

“I think you might be pretty familiar with the project by now. Obviously, we’re looking to go ahead and build on approximately 14 and a half acres on West Saile Drive,” said Project Designer Andrew Schmieder.

Schmieder said the project consists of a 28,000-square-foot maintenance building with about 15 bays for work on agricultural equipment and another five or six bays for work on turf equipment. He said that the main sales and parts storage facility is around 22,000 square feet and it will include office space to accommodate the transfer of administrative employees to the site.

Additionally, there will be about 7,000 square feet allocated to parts storage and LandPro officials are proposing to erect a 200- by 75-foot pole barn for cold storage, Schmieder said.

“This site lends itself very well to what’s being proposed – we’ve got a lot of room out there,” he said. “There’s an area out front to display some of their turf and ag equipment.”

Responding to concerns over increased traffic, Schmieder said he didn’t expect a significant change. He said during peak hours, they expect 10 to 15 vehicle customers per hour, and three to four cargo deliveries per day to the facility that will house about 65 employees.

Schmieder reported that there will be a minimum of 70 parking spots for employees and another 40 for retail customers, including six handicapped parking spaces.

Final approval is contingent upon final town engineering review and approval. Work is anticipated to be completed in the spring or summer of 2022.

Rendering at top (taken from Zoom meeting) shows the proposed solar project on Med Tech Drive off R. Stephen Hawley Drive (College Road), The Wood residence is at the right.

Michael S. Tomaszewski, the funeral home director accused of stealing money from customers, is apparently set to accept a plea offer from the District Attorney's Office but COVID-related delays in town courts are holding up the process.

Tomaszewski made a virtual appearance in Genesee County Court yesterday.

He faces one SCI (Superior Court Information, like an indictment but without a grand jury hearing, which Tomaszewski waived) with more than 200 criminal counts and there is another SCI coming but he has not been arraigned on those counts because courts in the towns of Batavia and Oakfield have been closed due to the coronavirus pandemic. 

Judge Charles Zambito indicated that he could possibly arraign Tomaszewski on those counts under specific circumstances, but said he would need to check with the court supervisor to ensure those circumstances are met in this case. Zambito said these are uncharted waters and the rules are changing a lot. 

Tomaszewski is accused of taking money people used to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

Attorney Thomas Burns, representing Tomaszewski, said his client intends to accept the plea offer. Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The case is adjourned until 1:30 p.m., March 8, and will resume virtually.

Alecia Kaus/Video News Service contributed to this story.

The City of Batavia Republican Committee tonight endorsed five incumbents -- three on the Batavia City Council and two on the Genesee County Legislature -- in their bids to retain their seats in the November 2021 election.

Committee Chair Rich Richmond reported on the selections following a meeting, adhering to all COVID-19 protocols, at Godfrey's Pond.

Endorsed for Councilperson-At-Large positions are Eugene Jankowski Jr. (the current City Council president), Robert Bialkowski and Jeremy Karas.

On the Genesee County Legislature, the committee is backing Gary Maha, who represents wards 4 & 5 in the city (District 9), and John Deleo, who represents wards 1 & 6 in the city (District 7).

Members of the Genesee County Police Reform and Reinvention Collaborative on Monday night made a few edits to the preliminary report drafted by Robert Bausch, but the general consensus was that the committee moderator’s summary of what has been discussed over the past four months is right on target.

“I think I was really impressed and it’s well written," said John Keller, a pastor at Northgate Free Methodist Church. "There are a few constructive things but, truthfully, from my experience with this – from talking to people around town and at my church – there doesn’t seem to be a huge problem (surrounding the Genesee County Sheriff’s Office).” 

“We run the risk of, if we try to do too much, we’re putting the problem where there isn’t one. For the large part, the department is in great shape and it’s well run.”

Keller said he was pleased to see that the report included valid recommendations, especially the fact that the committee is calling for reform of the New York State Civil Service Commission.

“I would love to see some minority deputies,” he said. “I’m glad we’re addressing that, or trying to, through the Civil Service recommendations.”

Bausch’s report incorporates information shared and dialogue from the group’s nine meetings, prefaced with an overview of the sheriff’s office and then it's broken into four sections as mandated by Gov. Andrew Cuomo’s Executive Order 203 on community policing reform.

“Going back through all my notes, I did not come up, honestly, with a lot of strong recommendations – we know there are issues of training – but as finding weaknesses in the department or in their procedures (there were few and that can be attributed) to a certain degree being accredited by the state every five years,” Bausch said. “I just don’t find a lot that I can say that this is really a critical area that needs some TLC (tender loving care).”

According to the report, sheriff’s office was “open to the process and provided information in a timely manner,” believes that training is an ongoing process, adheres to NYS Municipal Police Training Council policies and standards, is highly qualified as indicated by its accreditation through the NYS Law Enforcement Agency Accreditation Council, and is an active member of the community-based Genesee County Criminal Justice Advisory Council.

Following is the report’s four categories, with some findings and recommendations:

What Functions Should Police Perform?

Findings:

The law enforcement agencies in Genesee County work very closely together and operated under the “closest car” concept to assist with the most-timely response.

The 9-1-1 Emergency Services Dispatch Center serves as the countywide Public Safety Answering Point.

All law enforcement agencies are represented at CJAC.

The Sheriff’s Office works closely with human services agencies in the county to address new and changing residents’ needs, has worked with Genesee County school superintendents and principals to achieve the assignment of a School Resource Officer (SRO) in its district and offers numerous outreach programs to identify and address societal issues.

The department oversees two unique programs -- the Justice for Children Advocacy Center and Genesee Justice, an alternative-to-incarceration and victims’ assistance program – and participates in the Police Assisted Addiction and Recovery Initiative with other law enforcement agencies and the City of Batavia Fire Department.

Recommendations:

The report indicated that “major areas of concern” include mental health and substance abuse and that programs to address these issues need to be developed and expanded.

The committee recommends that mental health professionals should be available to assist the 9-1-1 Emergency Services Dispatch Center, road patrol officers, and the county jail, and that the obtaining the services of Genesee County Mental Health, Genesee/Orleans Council on Alcoholism and Substance Abuse and others should be explored.

The report also noted the costs associated with expanded programs, noting that reallocation of funds is unlikely at the present time.

Employing Smart and Effective Policing Standards and Strategies

Findings:

The report gives high marks to the sheriff’s office, citing the importance of the agency having to follow strict standards as set forth by the NYS Law Enforcement Agency Accreditation Council.

As far as issues involving use of force, the committee found that over the past three years, there was an average of 10 use of force incidents per year. It also found no incidents relating to a lack of accountability on the part of sheriff’s office personnel.

Recommendations:

The committee urges the office to be “vigilant and prepared to address issues and citizen concerns” as they arise, particularly when it comes to interaction with underserved residents, whether individually or as a group.

It recommends the use of body cameras with proper training as a prerequisite, and calls for consistency and lack of bias in dealing with the public.  The report also recommends the adoption of a consumer hotline or citizen comment form so residents “can have a safe place to air grievances, comments, concerns or acknowledgements. These submissions will be reviewed by the command staff of the Sheriff’s Office in a culturally sensitive and timely manner.”

Fostering Community-Oriented Leadership, Culture and Accountability

Findings:

Calling this topic “the most challenging and most rewarding” for the office, the report said the agency is transparent and practical, and makes efforts to reach out to the community through programs such as School Resource Officers, tip lines, small community group meetings, and other civic events.

Since about 4 percent of the population have a preferred language other than English, this could pose a barrier for officers. To overcome this, the agency uses a certified interpretive service. Because of these services, those that have a preferred language other than English, now have access to a service that enables communication with the sheriff’s office.

Recommendations:

The committee recommends development of a comprehensive training plan that includes implicit bias, trauma informed care and vicarious trauma training, mental health, and state-mandated trainings, with the training plan to include what type of trainings, times, cost, attendees and frequency.

Transparency to the public and collaboration with local agencies and professional trainers should be a prerequisite to the process.

Recruiting and Supporting Excellent Personnel 

Findings:

Genesee County’s population consists of 92.9 percent white, 3.2 percent black, 3.5 percent Hispanic and 2 percent two or more races. When it comes to employment, the application process consists of passing a Civil Service exam, physical fitness exam, and an in-depth background check.

The report indicated that because Civil Service laws control most aspects of the employment process, there are limitations on what actions the department can take. “This is a huge obstacle and deters those from underserved populations from applying,” according to the report. 

Recommendations:

The committee believes the department should review its recruitment program and identify any programs or agencies available, such as the Genesee County Career Center or Veterans’ Outreach Program. It also recommends that the agency work with school superintendents, principals and officials at Genesee Community College to enhance its recruitment efforts – with a goal of more diversity in its hiring.

Another recommendation centers around having the Genesee County Legislature and county management take a more active role in supporting reforms to the Civil Service Commission.

Committee Suggests Some Revisions

At last night’s meeting, committee members offered several revisions to the draft, including mentioning something about the need for funding to support increased training, how the current Civil Service process is a barrier to diversity, urging state organizations such as the New York Conference of Mayors, New York State Association of Counties and Association of Towns to push for Civil Service reform, and pointing out the significance of the weeklong Sheriff’s Teen Academy at Byron-Bergen Central School as a community outreach.

Julie Carasone, a professional trainer, suggested collecting data on the types of crimes that are committed in Genesee County and to place that information in the Employing Smart and Effective Policing Standards and Strategies category.

County Manager Matt Landers emphasized that the committee should incorporate these changes and get the revised report out to the public via a press release, Facebook and other social media, including an email address where citizens can send their comments, possibly leading to another revision.

Bausch set the next meeting for 6 p.m. Feb. 22 for the consideration of public comments and adoption of the report that has to be submitted to the New York State Office of Management and Budget by April 1. A resolution to accept the report is expected to be considered by the Public Service Committee on March 15.

Can't Forget the Human Element

County Legislature Chair Rochelle Stein recognized those who elect to serve the community in law enforcement.

“I learned a lot (about) the training and accreditation process,” she said. “Also, every time that we have a new deputy sheriff that is sworn in or sent to training, it’s an incredible responsibility that the individual takes and the commitment that they make to our community.

“That, really, was an eye-opening process that I learned that everyone goes through together. I’m not sure that point has a place in here, but Bob you underscored that with your statement that training is not considering an event – it’s an ongoing process.”

Ever-changing policies and regulations, coupled with insufficient and reduced funding from Albany, have created a “very fluid environment” that prevents the Genesee County Health Department from looking too far ahead when it comes to its continuing battle against the COVID-19 pandemic.

Public Health Director Paul Pettit conveyed that message to the Human Services Committee of the Genesee County Legislature this afternoon as he presented his departmental review via Zoom videoconferencing.

“We’re kind of entering phase three of this pandemic – the contact tracing piece and the testing – and now with the vaccinations,” Pettit said. “It’s going to be a long haul, but working together I believe we’ll get there over the next four to six months, hopefully.”

Despite the uncertainty regarding funding and vaccine availability, Pettit reported that he couldn’t be prouder of the health department staff – employees working as part of a shared services agreement with Orleans County.

“They’ve gone above and beyond for quite a long time, operating in response mode, which is tiring and stressful,” Pettit explained. “But they’ve risen to the challenge and I just want to tell the committee how proud I am of them. And I appreciate all of the support that the committee and the legislature give, not only to the health department but to all the county staff.”

The health department has been dealing with the pandemic for nearly a year, and that concentrated focus on helping those who have been infected or have had to be quarantined due to contact with an infected person has relegated other departmental initiatives to the back burner.

Pettit said the health department has received $264,576 in COVID-specific grant funding for use through 2022, and has spent about $135,00 thus far, with almost $75,000 of that for employee overtime and other expenses.

“Fortunately, we’ve had those grant funds to cover that, but still that’s a lot of money in overtime to meet the needs of contract tracing and the other activities that have occurred over the past 10 to 11 months,” he said.

He said he is expecting additional funds for vaccination and is waiting to see how that money will be funneled from the state to the counties.

“As we have talked about many times, this will be a significant effort over the next four-, six-plus months to vaccinate our entire population, so there is going to be a lot of expense around that,” Pettit said. “It’s a big effort in front of us so, obviously, these grant funds when they come will be very important to us to offset our public health and local funds – and making sure we’re utilizing them the best we can.”

In an effort to faciliate the county's vaccination clinic scheduling process, the Human Services Committee voted to approve a contract for staffing services from Coastal Staffing Inc., of Naples, Fla., for six months at an estimated cost of $65,500.

Pettit's departmental review touched upon several areas, as follows:

FISCAL PROFILE LOOKING AHEAD TO 2021

Article 6 is the avenue by which public health departments receive state aid revenue.

Pettit said Gov. Andrew Cuomo is looking to reduce Article 6 funding by 5 percent across the board, which means the local health agency will receive about $38,000 less than expected – down from $757,129 to $719,273.

Concerning performance incentive funding, Genesee/Orleans is anticipating about $10,000 this year, he said.

The health department is facing a 20-percent cut in funding for its lead and tobacco grants for the period of April 1, 2020 through March 31, 2021, Pettit said, and may lose all of the funding for its rabies grant (about $15,661).

“In the executive (state) budget proposal there is a cut to the rabies grant – potentially a full extinction of the grant,” he said. “We spend a lot more than that on rabies every year. This grant, particularly, pays for all of our animal clinics that we’re required to do by law and pays for the vaccines for that. Also, for educational things that we do and it offsets some of our post-exposure costs, which is well in excess of $100,000 per year.”

Pettit said he is advocating to get that money put back into the state budget.

CROSS-JURISDICTIONAL SHARING WITH ORLEANS

Genesee is into the ninth year of its CJS relationship with Orleans with seven full-time shared administrative staff and one emergency preparedness assistant.

“We have a common shared Board of Health, and we continue to leverage that relationship and have shown it to be fruitful during the COVID response and our ability to utilize staffing across the lines to supplement and move resources as needed,” Pettit reported.

He said the counties have finished their strategic planning project in 2020, but have had to hold off on their quality improvement and workforce development plans. He also said they are hoping to gain accreditation from the Public Health Accreditation Board by 2022.

Pettit added that the CJS agreement recently was expanded to include the Wyoming County Health Department.

COMMUNITY HEALTH ASSESSMENT/IMPROVEMENT PLANS

Pettit said the updated work plan submitted to the state in December focuses on chronic disease, mental health and substance abuse issues.

He said the GOW (Genesee-Orleans-Wyoming) Task Force is continuing to meet, with the program formally coordinated by Genesee/Orleans Council on Alcoholism and Substance Abuse.

He also praised Ashley Rodriguez, a new Public Health associate, for contributing to the department’s COVID response.

“She is a huge piece of our efforts related to COVID, and is bilingual, which is very helpful (when communicating with Spanish-speaking residents).

ENVIRONMENTAL INITIATIVES

Pettit said the county’s septic replacement program has been successful, with 14 households earning reimbursements of more than $86,000 thus far.

“It’s a program that our folks who live in certain areas of the county on certain creeks are taking advantage of,” he said, adding that the program runs through 2022.

PUBLIC HEALTH EMERGENCY PREPAREDNESS

“Preparedness is COVID and we continue to spend a lot of time there,” he said, mentioning the department’s preparedness app – a joint venture with Emergency Management.

He said COVID has enabled the agency to build its Medical Reserve Corps, a volunteer group that could assist in the case of future health crises or emergencies, and said county employees have been actively engaged in the continuity of an operation plan that is designed to integrate the various departments as efficiently as possible.

EARLY INTERVENTION/3-5 PRESCHOOL

The department’s most expensive program, the Early Intervention (EI) and 3-5 Preschool services are expected to cost $601,500 in the coming year.

Pettit said 136 children are in EI and another 156 in the 3-5 Preschool.

He said there is a push for a shift of fiscal responsibility to schools, noting a "significant increase in transportation costs” since we have to now bus all of our kids out of the county. We don’t have a local center-based program any longer.”

As a result, he is projecting a 91-percent increase in transportation costs from 2020.

“Ultimately, until we get another center-based program back in the county, unfortunately all of our children in Genesee and Orleans counties have to be transported out to surrounding counties for those type of services,” he said.

In a related development, the Human Services Committee recommended the legislature accept an EI allocation of $31,982 from the New York State DOH for the period of Oct. 1, 2020 through Sept. 30, 2021.

WEIGHTS & MEASURES

Pettit said a shared W&M director with Orleans County has streamlined the program to realize significant savings for both counties.

In 2020, the division inspected more than 650 devices and collected $16,762 in fees.

CORONERS/MEDICAL EXAMINERS

Coroner cases increased in 2020 from around 170 to 193, with 61 of those cases being handled by the medical examiner’s office in Monroe County, Pettit said.

He emphasized the need to appoint a new coroner to replace Jeff McIntire, who resigned. The county is currently operating with three coroners instead of four, but can request assistance from Orleans County if necessary.

Press release:

Genesee County received 46 new positive cases of COVID-19.

• The new positive cases reside in the:
  • West Region (Alabama, Darien, Pembroke)
  • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
  • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s. 
• Fifty of the previous positive individuals have recovered and have been removed from the isolation list. 
• Twenty of the positive individuals are hospitalized.

​

• Orleans County received 36 new positive cases of COVID-19. 
• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Seven of the new positive individuals were on quarantine prior to testing positive.
• Fifty-six of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the current positive individuals are hospitalized.
• Five of the new positive individuals is a resident at the Orchard Rehabilitation & Nursing Center.
• We are very sad to report the COVID-related death of three of our county residents. Two of the individuals were under the age of 65 and one of the individuals was over the age of 65. We will not be reporting any further information to protect the privacy of the individual and their families. We extend our deepest condolences to the families and friends of these individuals at this very sad time.
• We are saddened to report the COVID-related death of a resident of Orchard Rehabilitation & Nursing Center. The individual was under the age of 65. We extend our deepest condolences to the family and friends of this individual at this very sad time.