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The distribution of free food for local residents may not be grabbing the headlines the way it did at the start of the pandemic, but the programs haven't stopped and the need has not subsided, according to leaders at two organizations involved in handing out bags and boxes of vegetables, dairy products, and canned goods.

"We've been feeding 500 families a week," said Ryan Macdonald, a pastor at City Church, which conducts free food distributions on Wednesday mornings at St. Anthony's on Liberty Street. "There's a lot of need out there. It's sad."

While The Salvation Army is not giving out as much food as it did when the pandemic first started when it utilized well-publicized drive-thru distribution days at Northgate Church, its three-day-week allocation at its location on East Main Street is still exceeding the pre-pandemic demand for food, said Todd Rapp, the local coordinator of emergency services.

"We're still seeing a significant need," Rapp said.

It's been a year since the first COVID-19 case was officially recorded in the United States, and 11 months since the first case was recorded locally.

People are out of work and are worried about paying their bills, both Macdonald and Rapp said.

"People are scared," Macdonald said. "They're scared to go out and that's hurting the economy."

Neither program requires recipients to provide financial information and is open to all residents who feel they need the assistance. 

The Salvation Army, 529 E Main St., offers drive-up pick up on Mondays, Wednesdays and Fridays. If you want to receive food, drive up, call the phone number on the sign, and somebody will assist you.

City Church's distribution at St. Anthony's starts at 9 a.m. on Wednesdays and lasts from one to two hours, depending on food availability.

Rapp said The Salvation Army also has a program to assist people with housing and he wanted to remind people that even though there is an eviction moratorium in place, tenants are still obligated for their rent. He said the Army has assisted a few local landlords who need food assistance because some tenants haven't been paying their rent.

Multiple corporate donors to U.S. Rep. Chris Jacobs (NY-27) have suspended contributions to the Western New York congressman following his objection to the 2020 Electoral College results. 

Jacobs received a total of $63,800 in donations from nine corporate PACs in the 2020 campaign cycle, campaign finance documents show. Of those companies, four -- accounting for $37,500 worth of Jacobs’s corporate donations -- have suspended contributions to some or all lawmakers in the aftermath of the vote to certify the presidential election results on Jan. 6. 

Jacobs was one of 147 Republican lawmakers who raised objections to the certification of electoral votes; he was one of four lawmakers from New York to do so -- along with Rep. Nicole Malliotakis (NY-11), Rep. Elise Stefanik (NY-21) and Rep. Lee Zeldin (NY-1). 

“I have a duty to represent my constituents and a constitutional duty to ensure the security and integrity of our elections,” Jacobs said in a statement at the time. “I do not take this decision lightly, but for these reasons feel it necessary to object to the certification of the electoral votes from contested states.”

Blue Cross/Blue Shield -- which gave Jacobs $10,000 in the 2020 cycle through its PAC -- announced several days after the vote that it had suspended all contributions to politicians who objected to the results.

“In light of this week’s violent, shocking assault on the United States Capitol, and the votes of some members of Congress to subvert the results of November’s election by challenging Electoral College results, BCSBA will suspend contributions to those lawmakers who voted to undermine our democracy,” President and CEO Kim Keck said in a statement. 

New York Life Insurance’s PAC, which gave $5,000 to Jacobs in the 2020 campaign cycle, has also suspended contributions to members of the U.S. House and Senate who voted against the certification of electoral votes, a spokeswoman for the company told The Batavian in a statement. 

“We will be evaluating our approach moving forward,” the spokeswoman said. 

Other companies have suspended PAC donations altogether following the vote, regardless of lawmakers’ stances on the electoral results. 

Those companies include the National Fuel Gas Company, which gave Jacobs $15,000 in the 2020 cycle.

The National Fuel PAC “contributes to candidates of both parties who support affordable and reliable natural gas access and delivery to fuel our homes, businesses and communities,” a spokeswoman told The Batavian in an email. “Every contribution receives considerable evaluation to serve those ends. In light of current events, we have hit pause on all of our political contributions.” 

The United Parcel Service -- which donated $7,500 to the congressman in the most recent campaign cycle -- announced in the days following the vote that it had also suspended all contributions to political candidates. 

Charter Communications and M&T Bank, which donated $5,000 and $1,000 to Jacobs in the 2020 cycle, respectively, acknowledged receipt of inquiries from The Batavian but did not provide a comment on the future of their PACs’ relationships with Jacobs. 

Constellation Brands, a Western New York-based producer and marketer of alcoholic beverages, contributed $7,500 to Jacobs’s campaign in 2020. Neither Constellation Brands nor the American Crystal Sugar Company, which donated $5,000 to Jacobs, responded to multiple inquiries from The Batavian. 

Delaware North -- which is owned by the Jacobs family -- also did not respond to multiple requests for comment from The Batavian. Delaware North donated $7,800 via PAC to Jacobs in the 2020 cycle.

While pleased that the Batavia City Council voted to support the My Brother’s Keeper initiative designed to help boys and young men of color with their academic progress, Batavia City School District Superintendent Anibal Soler Jr. believes that some clarification about the program is warranted.

“Regarding the My Brother’s Keeper story (that was posted on The Batavian on Tuesday – the day following the City Council meeting where the measure was discussed at length before passage), I believe there was some unfamiliarity with what the grant was requiring and the tight timeline for submission to the New York State Education Department created some additional angst,” Soler said.

According to documents provided to Council members by Interim City Manager Rachael Tabelski, the school district came to the city, seeking a municipal partner in order to apply for the NYSED grant, with a Feb. 1 deadline being set for this year’s grant cycle.

Goals of the program, an extension of an initiative promoted by former President Barack Obama several years ago, include forging teacher/community relationships to address learning needs at every grade level; enhancing family relationships; creating a culturally diverse and engaging atmosphere for learning; and utilizing school, family and community to provide the best opportunities for academic, social and emotional growth.

As explained by Tabelski in a memo to City Council, the city’s role would include advertising the MBK program, providing public meeting room space, and providing mentors and homework assistance at the Liberty Center for Youth afterschool program.

Soler said he followed up with City Council President Eugene Jankowski Jr. after the meeting to “clarify any confusion or answer any additional questions he may have had, and thanked him for his support.”

“The MBK grant is supplemental funds to support the district's efforts on increasing the academic achievement and college and career readiness of boys and young men of color by sustaining effective relationships with families,” Soler said. “The grant doesn't obligate the city for any services; it just allows them to endorse and or partner in our efforts to pursue this funding opportunity and if we receive this grant we would be able to supplement any city efforts on family and community engagement.”

Jankowski, during Monday night’s meeting, said he was concerned about the last-minute timing of the grant and also about the cost to the city, especially considering that city officials are in the midst of developing the 2021-22 budget.

The city council president ultimately voted in favor of supporting MBK as did the other Council members in attendance, except for Rose Mary Christian, who said she was going to contact the Civil Liberties Union about the legality of an initiative that targeted a specific group.

When asked why he voted in favor of it, Jankowski said he believes the program has merit, but needed “to understand how this would impact our community, and there was a tight time deadline.”

“After doing some research, getting some answers during the Council meeting and the reassurance of Council Member Patti Pacino, a retired teacher, I felt comfortable voting yes,” he said.

When it was mentioned that it seemed to be something that the school district and Genesee County were negotiating over originally, Jankowski said he wasn’t sure of that, but is “hopeful that the city/school partnership for this program will turn out to be a positive one.”

Christian, contacted this morning, said she did call the CLU but did not receive a response.

“I just felt bad because they didn’t include girls,” she said. “It doesn’t matter what nationality they are or what heritage, it just didn’t include them. Like (Council Member) John Canale said, it’s for Hispanic, people of color, the Black community – that’s fine – but what about Caucasian?”

Christian said students across the cultural spectrum need help “and our teachers should be available to give as much help as possible to all that need it.”

Previously: Council members voice objections but vote to support My Brother's Keeper school initiative

It has been seven years since public school students cracked open a textbook at the Robert Morris building on Union Avenue in Batavia but the Batavia City School District superintendent is thinking it's time for that to change.

Anibal Soler Jr. suggested to the Board of Trustees on Monday night, along with a facilities consultant who made a presentation during the Zoom conference meeting, that Robert Morris is being underutilized; that there are space constraints elsewhere in the district, particularly at the middle school; and without students at Robert Morris, the building is a financial drain on the district.

"We wanted to throw something out there to get your mind working," Soler told the trustees. "We know we’ll have some fiscal challenges but to maintain a building that we don’t get anything for and we have to keep finding tenants as we do at Robert Morris, I think we have to start thinking about that, especially when we know the middle school is extremely packed right now."

In 2012, city schools consolidated their five schoolhouses into four -- Jackson Elementary, John Kennedy Primary, the middle school and the high school -- with Robert Morris becoming home to a couple of school programs with space available to tenants. The building has been generating $100,000 annually in lease payments for the district. That revenue will drop to $36,000 in the coming fiscal year. One tenant currently in the building is leaving once its lease expires in June. 

Meanwhile, because there are no students in the building, the district cannot receive state aid for any maintenance or improvements needed on the structure, Soler said.

The future of Robert Morris came up during a presentation by Richard Little and Brian Cieslinski, of SEI Design Group. The architectural firm was hired by the district to fulfill a state mandate to do a facilities review every five years.

The state requires each school district to go through these periodic reviews because identification of issues at school facilities helps the state's education department budget for aid to school districts.

SEI identified more than $40 million in maintenance issues that need to be addressed within the next five years.

“This looks daunting as far as a $40 million sum," Cieslinski said. "I would tell you, statistically, (compared to) a lot of our school districts this is actually a very good list. You’re maintaining your buildings very well."

The list includes items such as:

• Jackson School
  • Improving accessibility to comply with the Americans with Disabilities Act
  • Replacing rooftop heating, ventilation, and air conditioning units
  • Installing an emergency generator
• John Kennedy School
  • Improving drainage
  • Replacing broken or cracked concrete slabs
  • Accessibility
  • Moisture mitigation in the gym
  • Upgrades to the alarm and PA systems
• Middle School
  • Exterior brick restoration
  • Moisture in the gym walls
  • Accessibility
  • Fire barrier in the auditorium
  • Installing an emergency generator
• High School
  • Locker room renovations
  • A boiler upgrade
  • Moisture mitigation
  • Lighting upgrades
  • A new public address system
• Robert Morris
  • Brick repairs
  • Window replacements
  • Accessibility
  • An upgrade to the fire alarm system and PA
  • An emergency generator

SEI delivered to the school district a thick binder that listed these items and many more that were ranked from 1 to 5 by priority. It will be up to district officials to figure out how best to prioritize these items over the next five years.

Board President Alice Ann Benedict asked if the conversion of Robert Morris back into a school is something that will be part of the upcoming budget discussions. Soler said, no. The conversion and reassignment of students will be a significant planning issue. It will take a lot longer than a couple of months to pull together and it also needs to involve discussion with the board, administrators, teachers, parents, and other community members.

Little did present one suggestion under consideration: Moving two classes of students out of the middle school -- possibly to Robert Morris, and then relocating district offices to the middle school. That would free up space at the high school, possibly for expanded STEAM (Science, Technology, Engineering, Arts and Mathematics) education, as well as accommodate students in the future who might do better with remote learning even in a post-COVID-19 education world.

Soler was quick to emphasize that is just one idea and that more ideas need to be explored with community input.

The City of Batavia has received two responses to its request for proposal for agencies interested in providing youth services to the municipality.

Interim Manager Rachael Tabelski, speaking at Thursday night's City of Batavia Youth Board meeting via Zoom videoconferencing, said one firm scored an average of 90 and the other scored an average of 75. Scoring was done by Tabelski, members of the youth board and other persons named to the selection team.

A third firm responded with a no-bid letter stating that it did not wish to bid.

Tabelski shared this information with Youth Board members David Twichell, Paula Fischer and Lydia Schauf and City Council liaison Al McGinnis before continuing with the RFP discussion in executive session – without The Batavian reporter in attendance.

It was expected that the Youth Board would meet in the next week or so to interview one or both of the organizations that indicated responded favorably.

Tabelski did get back to The Batavian following the meeting last night.

“The plan going forward may include interviews (of one or both of the candidates) and for the measure to be put on a Council agenda to explain why the selection committee has rated a particular firm as the highest,” she said.

She would not disclose the names of the two organizations in the running, but said that the agenda of City Council’s Feb. 22 Conference Meeting “potentially” could include the youth services RFP item.

As an historical note, the Liberty Center for Youth opened in August 2019 as a joint venture of the City Youth Bureau and Genesee Area Family YMCA and the subsequent daily operation (before it was closed due to COVID-19) was being split 50/50 by the City Youth Bureau and YMCA.

The RFP was drafted by Jocelyn Sikorski, the former county/city youth bureau executive director, before she left the position to take the executive director job with Cornell Cooperative Extension. It was sent out on Dec. 1 to local organizations that may wish to contract with the city for the 2021-22 fiscal year that begins on April 1.

The city’s primary youth services are an afterschool program at the Liberty Center for Youth on the City Church St. Anthony’s campus and a summer recreation program, but it does participate in other activities, including those coordinated by Genesee County.

Fischer reiterated the youth board’s position that the city’s agreement with the county to share the cost of an executive director should be dissolved in light of Sikorski’s departure, the city’s budget situation and the county possibly looking to make changes to the way it delivers youth services.

It was noted that the county has not billed the city for youth services during the first quarter of this year and that the city has not requested any services from the county.

Twichell asked McGinnis if City Council understood that the youth board recommended ending the contract with the county, but Tabelski said dissolution of contracts was a responsibility of the city manager’s office, and ultimately it would be decided by City Council.

Fischer mentioned that the reason the city contracted with the county because, at the time, it was required by the state.

“Shared services were a big thing being pushed by the governor and it made sense to share that position and get the state funding – and save the city money in the process,” she said. “But in 2017, we no longer needed to have that position to get the state funding.”

In other developments, the board:

• Welcomed Schauf, a former city youth bureau employee, to the committee for a term extending to Dec. 31, 2023. Schauf said she would be contacting Chelsea Elliott, the county’s deputy youth bureau executive director, about the youth board’s intention to participate in the annual Youth Awards Banquet, usually held in April.

• Put out a call to enlist other community members to join the committee, noting that its bylaws call for 11 members with no fewer than five seats for adults. Currently, there are only four citizen representatives on the youth board.

• Scheduled its next regular meeting for 6 p.m. Feb. 16 as long as space at City Hall is available as the consensus was to have an in-person meeting. The agenda for that meeting will include the appointment of officers and a review of the bylaws.

Previously:  Youth Board backs RFP for possible outsourcing, but wants city to keep in-house program 'on the table'

Much along the lines of a circus juggler, Andrew Maguire is determined to keep the balls in the air as he tracks the many City of Batavia projects funded by the Downtown Revitalization Initiative, Building Improvement Fund and New York Main Street grant programs.

Maguire, director of economic development for the Batavia Development Corporation, went through his list of what he called “2021 milestone projects” and other irons in the fire during the agency’s monthly board meeting this morning via Zoom videoconferencing.

“There are a couple of big ones, obviously,” he said. “Ellicott Station (the mixed-use venture on the former Soccio & Della Penna and Santy’s Tire Sales property on Ellicott Street) is hopefully going to be beginning construction in early spring and projections for the Healthy Living Campus (YMCA project on East Main Street) are for the fall of 2021 to begin construction and demolition. Those two big ones alone should equate to almost $50 million of investment into the city.”

Maguire said he was confident that the City Centre Mall and Jackson Square projects also would commence construction this year, as well as Main Street 56 Theater (at the City Centre), 206 E. Main St. (Main Street Pizza Company building), 201 E. Main St. (GO ART!), 39-43 Jackson St. (corner building next to School Street), 97 Main St. (old Genesee Bank building) and 219 E. Main St. (Fieldstone Private Wealth - Ameriprise Financial Services).

“These are all projects that will run through our grant programs. So, they do have time frames they have to comply with so I’m pretty confident that all of these on this list will be moving to the construction phase in 2021 – which should yield over $50 million total investment through the grant funding program,” Maguire said.

He admitted the DRI process is “kind of tedious and relatively slow” but, again, said he expects the City Centre, Jackson Square, Ellicott Station and Healthy Living Campus “will all be hitting the ground running in 2021, which I’m excited about.”

Going down the list, Maguire reported the following:

• 206 E. Main St. (Main Street Pizza Company building).

He said an asbestos survey was being done and that owner Paul Marchese is expected to finalize the design plan by early February. “As soon as I get my hands on it, it is going out the door to get bid out,” he said.

• 242 Ellicott St. (corner of Liberty Street).

With a salon downstairs and two apartments upstairs, owners have completed the interior work and are waiting for the weather to break to do the façade work, Maguire said, adding that it should be done in early spring.

• 99 Main St., (old Mane Attraction building, now a dental office).

“They’re getting some stuff cleaned out right now and hopefully we will see some big dumpsters in the near future,” Maguire said.

• 109-111 Main St. (Eli Fish Brewing Company and restaurant).

The owners selected Whitney East as their preferred developer and it is going on to construction pretty soon, Maguire said.

• 39-43 Jackson St. (just north of School Street).

Maguire said he is working with the City Planning & Development Committee to get the site plan on to the latter’s agenda, adding that it needs county planning approval as well.

• 201 E. Main St. (GO ART!).

He said that GO ART! officials are working with a local lead paint tester to determine the extent of that potential issue.

• 219 E. Main St. (Fieldstone - Ameriprise).

“We’re working through an environmental checklist there. Obviously, there was an adjacent dry cleaner years ago and that could require further environmental testing,” Maguire said.

• 97 Main St. (old Genesee Bank building).

Maguire said the plans are top-notch, but won’t be delivered until after completion of State Historic Preservation Office testing.

• 33-39 Ellicott St. (Batavia Tailors & Cleaners, Domino’s, DiMatteo law firm, Village Audiology).

The building owner (Batavia Tailors) will be contracting for façade work and heating/cooling work, and also is required to perform environmental testing, Maguire said.

In other action, the board:

• Voted in favor of additional three-year terms for members Lori Aratari, Christine Fix, Nate Varland and Rebecca Cohen, and one-year appointments to the executive committee for Aratari, president; Wesley Bedford, vice president; Jake Whiting, secretary, and Cohen, treasurer.

• Modified language in the Performance Evaluation Policy to include that a review of the director’s job performance will be conducted by the executive committee, not a “committee” as previously stated.

• Learned from Interim City Manager Rachael Tabelski that the agency’s financial reports, generated by the City of Batavia, won’t be converted to the city’s new software system until sometime in 2022. Varland requested some type of “financial health at a glance” report to make it easier to determine the BDC’s financial standing rather than having to look at multiple documents. Maguire offered to compile a “budget actual, which would be simpler format to look at” moving forward.

With a helping hand from Genesee County, a Richmond Memorial Library program vital to reaching residents unable to make it to the Ross Street facility is able to keep on rolling.

On Wednesday, the Genesee County Legislature approved a contract with Genesee Valley Chrysler Dodge Jeep Ram in Avon to accept a submitted bid to provide the library – as well as any other municipalities that wish to use the bid via the "piggyback clause" – access to vehicle pricing that was submitted as part of the bid.

The contract is in place for 90 days, beginning on Dec. 10.

What this means is that the library, after contacting the county’s Purchasing Department to assist in buying a new vehicle, is able to purchase a 2021 Jeep Latitude SUV to replace the 2011 van that it had been using as part of its Library Visits program.

According to the library’s website, the Library Visits program provides library services to older adults in Genesee County who are unable to visit the library. It is funded by a grant from the Muriel H. Marshall Fund for the Aging. The late Muriel Marshall was a former school librarian.

Genesee County residents at least 60 years old who are confined to their homes due to a short term or extended illness, disability, or lack of transportation may be eligible for the services of this program, which also offers rotating mixed media collections to senior housing complexes, adult daycare facilities, nursing homes, and veterans' facilities in Genesee County.

The cost of the new vehicle, which reportedly will be delivered by early March, is $13,557 -- significantly less than the retail price – and is a result of using the county’s purchasing power and trading in the van. The resolution also states that the county does not expect to use this particular contract to purchase vehicles.

"We were able to trade in the van, which was about 10 years old but it only had 10,000 miles on it, so we got $10,000 for it," Conrad said. "Add the municipal discount and the fact that we pay no tax, and we got a great deal."

Conrad said the vehicle is used a couple times a week for the Library Visits program -- traveling to group living homes and switching out material every four to six weeks -- but also could be used to carpool librarians to Nioga Library Systems headquarters in Lockport, to the annual conference in Saratoga Springs or other training opportunities wilthin the boundaries of the Western New York Library Resources Council that is based in Buffalo.

He said the plan is to either apply vinyl wrap or place a sign on the vehicle for advertising purposes.

Conrad credited Library Visits coordinator Lucine Kauffman and Batavia City School District Business Administrator Scott Rozanski for pointing him in the direction of Genesee County Purchasing Director Eve Hens.

Hens said she was happy to assist Conrad in the process.

“Bob Conrad called me because they don’t have a purchasing department, obviously, and he wasn’t really sure how to proceed with the purchase and wanted to make sure that it was done the right way – following all of the laws and procedures that are in place,” Hens said.

She said the county has advertised and issued bids for vehicle purchases in the past, with the stipulation that “while Genesee County was sponsoring the bid, we would not be the one to purchase the vehicle – it was specifically for use by the Richmond Memorial Library.”

The transaction was accomplished by using the procurement “piggyback clause,” Hens said, wording that states that a contract put into place as a result of the bid will be available for use by other municipalities with the mutual consent of the vendor and the municipality that will be using the bid.

“It also states that Genesee County will not be responsible for any contracts that are put in place using our bid,” she added.

While the “piggyback clause” calls for competitive bidding for anything over $20,000, Hens said it was wise for the library to go this route because it was “hard to tell what the cost would be up front.”

“So, I would always err on the side of caution when issuing a bid. If it’s estimated to be around $20,000, I would do the bid just to be make sure that we’re covered,” she said.

Hens said she wasn’t sure how much money the library saved, but figured it was significant because of the trade-in and the utilization of municipal pricing. This process can only be used by municipalities that receive tax revenue, which Richmond Memorial Library does through its relationship with the Batavia City School District.

She also noted that she puts the piggyback clause in all county bids to make them available for use by the towns and villages, mentioning that towns and villages use the county’s road salt and highway materials bids to secure favorable pricing.

Genesee County Manager Matt Landers said he finds some good and some bad with the proposed New York State fiscal year 2022 budget with the “good” connected to a suggestion made by Genesee County officials to loosen the restrictions on municipal investments.

“A suggestion that actually came from Genesee County was the ability to invest our money a little more, I don’t want to say aggressively, (but) the restrictions that governments – counties and municipalities – in New York State had was one of the most restrictive in the nation,” said Landers, reporting to the Genesee County Legislature this afternoon during its meeting via Zoom videoconferencing.

Landers said if Gov. Andrew Cuomo ultimately accepts the suggestion to give local governments more flexibility in their investments, it could lead to a six-figure increase on Genesee County’s bottom line.

“I don’t have an exact figure, you’d have to talk to Treasurer Scott German about that, but I do know that we budgeted $150,000 in 2021 and that was just in the general fund,” Landers said, noting that investments are volatile depending upon interest rates.

Last summer, Landers and German looked into the county’s investment strategies – it has a contract with the three+one firm out of Pittsford – and found out that New York’s investment regulations were the most restrictive in the nation.

“I passed that along to NYSAC (New York State Association of Counties) and they passed it along to the (NYS) Division of Budget, and lo and behold, it came out as one of the governor’s suggestions in his budget to loosen up the restrictions,” Landers said. “So, there’s evidence that ideas coming out of Genesee County can actually have an impact on the state.”

Landers said news of the governor’s support in the investment arena puts the county in prime position to generate additional revenues.

“I’m sure Scott will be pleased to put three+one to work if we get this additional relief in how we can do investments,” he said.

Sticking with the “good” part of the state budget, Landers said the county now is projecting a 5-percent reduction in state aid – down from the 20 percent it put in its 2021 budget.

“This is assuming that the state gets $6 billion in stimulus money from the federal government,” he said. “If the state gets nothing, then we would be looking at the 20 percent (decrease).”

Landers also mentioned the state’s reconfiguration of its Aid and Incentives for Municipalities program – action that will affect counties that have towns and villages receiving AIM funds.

“We’re still trying to figure out how the AIM impact will be – the state is shifting – taking some of the sales tax proceeds from counties and making towns and villages whole through AIM,” he said. “More than half the counties are going to benefit from this shift, but some counties are going to be hurt depending on the makeup within their county of municipalities that are receiving AIM.”

The county manager also reported that the allocation of the county’s extra 1 percent in sales tax no longer will need state approval, but on the “bad” side, said the county is looking at the possibility of losing $160,000 in Video Lottery Terminal revenue generated by patrons at Batavia Downs Gaming.

In legislative action, the board implemented a Rule 19 resolution to ratify prior measures that grant Legislature Chair Rochelle Stein emergency powers as they pertain to financially protecting non-county workers – both volunteer and professional -- at COVID-19 testing clinics.

The resolution gives Stein authority in two circumstances beyond a Jan. 14 resolution that granted emergency powers for the chair to execute necessary COVID-19 documents – an agreement for services for COVID-19 volunteers and an agreement for paid services for COVID-19.

On another front, the legislature set a public hearing for 5:30 p.m. on April 28 at the Genesee County Old Courthouse as part of the mandated eight-year review of Agricultural District No. 4.

The district was created in December 1980 and, under Article 25AA of the New York State Agriculture and Markets Law, Section 303-a, it must be reviewed eight years after the date of creation and every eight years thereafter. Property in Agricultural District No. 4 is located in the towns of Byron, Bergen, Elba, Stafford and Le Roy.

In other action, the legislature passed the following resolutions:

• A construction contract with Union Concrete and Construction Corp, West Seneca, in the amount of $1,767,387 to replace bridges on Meadville Road over Canal Feeder in the Town of Alabama, Sharrick Road over Murder Creek in the Town of Darien, and Tower Hill Road over Spring Creek in the Town of Byron.

The resolution also called for a consultant agreement with CHA Consulting Inc., of Buffalo, for the three projects for an amount not to exceed $340,000.

Union Concrete and Construction Corp. submitted a bid that was around $400,000 less than the engineer’s estimate of construction costs. Ninety-five percent of the capital project will be paid by federal aid, with a 5 percent local match taken from the 1 percent sales tax fund.

• A consultant agreement with C&S Companies, Rochester, for an amount not to exceed $109,000 in connection with the replacement of the Upton Road over Bowen Creek bridge in the Town of Batavia.

Work, which will be covered by federal aid at the 95 percent level, is expected to start immediately.

• Payment of $4,535 in costs related to dental surgery for K9 Rayzor, with fund coming from the K-9 Donations Reserve Account (gifts and donations that were made to the K-9 program).

Expenses consisted of $2,317 for the surgery plus costs for his handler’s lodging, vehicle fuel and food to transport Rayzor to the hospital where the surgery was performed, as well as a recovery bed for the dog.

• A contract extension through Dec. 31 with the New York State Office of Indigent Legal Services, Albany, in the amount of $170,672.

This money funds the county’s full-time assistant public defender, part-time assistant public defender, investigator and paralegal’s salary and fringe benefits as well as a parity stipend for an assistant public defender, cell phone service for one, landline telephone service for two, the investigator’s mileage and investigation online service software.

• Contracts with SkyMark Refuelers LLC, Kansas City, Kan., in the amount of $324,590 for ground service equipment, broken down as follows: $189,600 for a Jet-A refueler (diesel option) and $134,990 for an AvGas refueler (diesel option).

The cost for these contracts is partially covered by a state grant.

• A change order to a contract with Suburban Electric, Albion, in the amount of $65,302 in connection with work being done at pump stations in Churchville and Mumford to expand water supply capacity under Phase 2 of the Countywide Water Supply Program.

The change order calls for the installation of a different Programmable Logic Controller (PLC) within the Motor Control Center (MCC); eliminating the power management system; modifying the MCC; increasing the height of the telemetry tower from 50 to 70 feet, adding an additional telemetry tower at the Riga Pump Station and adding a backup power system for the MCC.      

This is the second change order on this contract and brings the total contract cost to $832,984.50. The original award of the contract was for $759,000.

• Allocation of up to $300,000 to support the Genesee County Chamber of Commerce for publicity and tourism services connected to the “I Love New York” program through Dec. 31.

Funds from the county’s 2021 hotel and motel tax receipts (bed tax) will be used, with the stipulation that the county will only fund tourism activity to the extent actual revenues from bed tax are realized, not to exceed the fiscal year appropriation of $300,000.

• The creation of two temporary full-time clerk-typist positions, effective from Jan. 25 until July 23. The clerk typist salary and fringe ($38,707) are allocated in the 2021 Health Department budget.

The position’s salary is partially funded by state aid/performance funds. The cost to the county will be approximately $22,158.

City of Batavia Police Chief Shawn Heubusch said he is encouraged by the results of a survey designed to gauge the community’s perception of his department and is looking forward to expanding the work of the Batavia Police Collaboration Advisory Stakeholder Group.

Speaking at Monday night’s City Council meeting, Heubusch shared highlights of the draft report generated as a result of seven meetings of the advisory group, which was formed last summer in response to Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

The draft of the plan, which ultimately will be submitted to the New York State Office of Management and Budget, will be available for public viewing and input on the City of Batavia’s website for about 30 days. Council is expected to consider the plan, including any updates, at its March 8 Business meeting.

Heubusch said he felt “very proud” about the response to the survey question, “When I seen an officer how do I feel?,” as the overwhelming majority indicated that seeing an officer made them feel safer and that they would be treated fairly.

He said the 14-question survey drew 828 responses, with 77 percent of the respondents stating that they lived in Batavia and 87 percent indicating that they were white. Fifty-eight percent were over the age of 45 and 56 percent were female.

The chief also said it was “very reassuring” that 81 percent of the respondents said that their opinion of the Batavia PD has not changed because of national events.

“Remember, when we started this it was right after all of the tumultuous activity that took place across the country,” Heubusch said.

He also pointed out that 80 percent said officers acted professionally/very professionally during an interaction, with 7 percent offering no opinion and 3 percent stating officers were unprofessional/very unprofessional.

“Eight respondents said their last interaction was due to an arrest and five of those respondents indicated the department was professional or very professional,” he added.

Concerning recommendations going forward, Heubusch said the top two answers to the question, “What should the Batavia PD do?” were to provide more training and resources for the officers on bias based policing and do more to address vehicle and pedestrian safety.

“Number two was to assign more resources to assist those with substance abuse issues, number three was to assign more resources to assist youth and number four was to engage more with the community,” he reported.

Heubusch said he is especially pleased with the fact that a focus group of minority residents has been established and will continue to meet on a regular basis.

“We had one meeting and it was extremely productive, and we are committed to continuing (open dialogue), he said, noting that several members of the minority community were part of the 28-member advisory group.

He said the committee learned about policies, procedures and training, including use of force, bias based policing, basic course for police, Article 35, body worn cameras and de-escalation training.

“With Article 35, once we placed someone under arrest, they can’t resist,” Heubusch said. “It was actually kind of an eye-opening moment for us. Several people in the group didn’t realize that when a police officer says you’re under arrest, that was it.”

Heubusch outlined other areas that the agency plans to begin or re-emphasize:

• Trainings such as implicit bias and de-escalation, as well as mental health and crisis intervention.

“We plan to collaborate more with Genesee County Mental Health and there also is a larger discussion with other law enforcement agencies for some type of response service,” he said.

• Community Engagement/Community Policing, including more foot and bicycle patrols, and establishing a community liaison service.

• Transparency/data sharing, specifically posting Department of Criminal Justice reports on the city’s website and starting a Crime Watch program on social media to “get information out in a much smoother fashion than our current website.”

• Accreditation, with the hope of initial accreditation later this year and then reaccreditation every three to five years.

• Civil Service reform, with the goal of revamping a system that Heubusch said is antiquated.

“It doesn’t allow you to hire the best candidate at times, unfortunately,” he said, adding that there is a discussion across the state to reform the Civil Service hiring process. He added that the department is committed to hiring local candidates.

• Special programs: specifically contracting with the Batavia City School District for a school resource officer; having a DARE (Drug Abuse Resistance Education) officer in schools; starting a citizens’ police academy and an officer wellness program.

Heubusch said it is a priority to continue to participate in National Night Out and as many other city and private outreach events as possible.

If you’re looking to see the value in the Batavia Development Corporation, look no further than what was accomplished through the Eli Fish Brewing Company and Newberry Lofts project that rejuvenated the former JJ Newberry building at 109-111 Main St.

That’s was the centerpiece of a PowerPoint presentation by Andrew Maguire, director of economic development for the city-supported agency, during Monday night’s City Council Conference meeting.

Maguire said his mission was to highlight the BDC’s “history of success through various programs and the economic impact they carry, current projects the BDC is working on in the city and future goals and continued economic development.”

Regarding the Eli Fish venture, Maguire called it a “transformative” project and outlined the ways the BDC played a part in its success:

• Built in 1881, it was the original home of JJ Newberry’s store for more than 60 years. Its assessed value in 2015 was $250,000;
• Vacant for several years, it needed substantial rehabilitation;
• It was purchased in 2015 with the goal to rehabilitate the building and create a brewery, restaurant and seven market-rate residential apartments on the upper floors;
• The BDC secured a $500,000 NY Main Street Anchor Grant for the proposed project and sought other funding sources, including a $100,000 National Grid grant and then secured a $67,835 USDA Rural Business Development Grant for a project inside of this project.

“It was a first of its kind in our area – two restaurant incubators inside of brewery, coined FreshLabs, which offered cooking competition to entrepreneurs and the two winners receiving a grant, loan and incubator space inside the Eli Fish brewery to help them start their business,” Maguire said.

He reported that the project – which turned out costing more than $2 million – began in 2016 after all of the funding was secured, and that the BDC played a “critical role in project setup, capital stack (funding), and project and grant administration to see the project through to completion.”

As a result, the project was completed in 2018 and features a brewery, three restaurants and four market-rate apartments created in the vacant, historic building.

Maguire said the proof of the project’s worth is in the increase of the assessed value to $987,000, while sales tax has increased, tourism has been generated and more than 30 jobs have been created.

The Eli Fish project is one of several being facilitated by the BDC through the NY Main Street Grant, Downtown Revitalization Initiative Building Improvement Fund and Downtown Revitalization Grant, Maguire said.

He revealed a chart showing 28 projects received $11.3 million in grants but generated $54.4 million in private investment. Included are 103 residential units and 96 commercial units.

Maguire said the BDC continues to pursue other grants, such as the revolving loan fund grant, National Grid grants and USDA Rural Development Block grants, and also have attracted NYS Empire State Development Restore New York and Brownfield Opportunity Area Study grants.

These projects have increased the assessed value of the parcels by $5.79 million, Maguire reported, and noted that the Main Street Theater 56 project will generate more than $44,000 of annual rent revenue after moving into underutilized vacant parcels from the City of Batavia.

“These projects and programs create a vibrant city people want to work in, live in and play in,” he said. “… The results we have obtained and the future goals we shall obtain will carry a positive impact on our city’s quality of life for generations to come. It is critical that we do not lose sight of this and we continue to have boots on the ground to help these projects from the starting line to the finish line and continue this process for years to come.”

Afterward, Council Member Rose Mary Christian asked Maguire about the status of the Ellicott Station DRI project on the former Soccio & Della Penna and Santy’s Tire Sales property on Ellicott Street.

He said the developer, Savarino Companies, is “poised to close by the end of this quarter (March) … and plan on construction starting in early spring 2021.”

Christian praised V.J. Gautieri Constructors for their work on renovating the Save-A-Lot building across the street, but called the condition of Ellicott Station “deplorable.”

Going on for nearly a year now, COVID-19 has created a dilemma for downtown business traffic in Batavia. But better days are ahead, according to Beth Kemp, executive director of the city’s Business Improvement District.

Kemp, speaking at Monday night’s City Council Conference meeting, reported that one of the BID’s biggest projects is nearing completion.

“We continue to work with Spectrum Charter on bringing free Wi-Fi to the entire BID area,” Kemp said. “We have had several stakeholder meetings over the last year, bringing all of the property owners that will be working with Spectrum on essentially allowing them access to their buildings.”

Kemp said the BID has moved to the implementation phase of installing and connecting of all the nodes in the downtown area to activate the Wi-Fi.

“Unfortunately, due to COVID-19 that has been put on hold until the end of February. Several engineers come from out of state so we have a tentative date to move forward on that,” she said.

Kemp explained that the new Wi-Fi network will feature multiple channel controls – actually five per the agreement with Spectrum.

“One of those channels is designated for the free Wi-Fi downtown and we will have time restrictions,” she said. “So, each will have a maximum of four hours per day to use the Wi-Fi. Certainly, a perk for all residents and visitors here.”

She said that additional channels could be utilized by the City of Batavia Police Department or emergency personnel.

“The BID is also interested in using one of those dedicated channels for possible music downtown,” Kemp said, adding that officials are looking at wireless speaker systems to attach to the light poles. “(Music) would bring a positive vibe.”

Other projects planned for 2021 include:

• Updated banners and signage, including those that go on the downtown light poles;
• Snowflakes to go on light poles that are showing their age;
• Hanging baskets and flowers for baskets;
• Fall decorations such as cornstalks, pumpkins and hay bales as well as garland options for light poles around the holidays.

Kemp said the BID’s marketing plan will include free advertising opportunities for small businesses, commercials, print advertising, social media assistance and radio opportunities – either at a discounted rate or free to small businesses.

She said that the agency looks to promote Tasty Tuesdays once again to support restaurant takeout orders, and the Downtown Bingo initiative featuring giveaways for participants who complete their boards.

On the events side, she said the BID seeks to continue the scarecrow and wreath contests, and Shop Small Saturday following Thanksgiving.

Batavia City Council members called out the Batavia City School District over the timing and the focus of the My Brother’s Keeper initiative on Monday night -- following a somewhat strained 25-minute discussion – before approving a resolution to support the program designed to enhance educational and vocational opportunities for boys and young men of color.

“What have we been doing for five years if we knew this and why haven’t we been helping these children five years ago?” asked Council President Eugene Jankowski Jr. during the board’s Conference Meeting at City Hall Council Board Room.

Jankowski was referring to the My Brother’s Keeper program introduced by former President Barack Obama about six years ago.

“If I remember correctly, President Obama brought this to light in 2014-2015 and New York State adopted it in 2016, and now you’re telling me the studies already show that we have youth in our own community that are identified as having concerns or troubles, and they’re not at the same level?” Jankowski said.

“What are we doing in the school system right now to help these kids – persons of color or others that may need it – and why are we waiting a week before the deadline and trying to force this through without public input when we knew about this in 2016 since this grant was out there?”

Jankowski said his concerns centered upon the amount of money the city would be required to support the initiative through mentorships and homework assistance at the Liberty Center for Youth afterschool program and if it was really necessary since the school district is responsible for educating its pupils.

“How did we drop the ball on this especially, although it’s not your concern, (since) I get complaints from people all the time about why their taxes are so high and the school taxes are a major part of it,” he said. “And they’re expecting a service for the children of our community and I’m a little upset that we’ve not done anything for five years for these kids.”

Christian: What About Girls, Other Students?

Prior to Jankowski’s observations, Council Member Rose Mary Christian objected to the program’s targeted focus on boys and young men of color.

“How come girls aren’t included in this and all students?” she asked, directing her query to Julia Rogers, assistant principal at Batavia High School, who was in attendance. “You’re singling out a group.”

Rogers said the program is based on data that shows that students of color – children, young men – do not have the same opportunities as other groups.

“It would be one of those programs that is focused for students of color but a lot of the ideology … for instance, the mentorship – we would be continuing with other students,” she said. “My Brother’s Keeper is a program that is offered through many districts, and basically, it shows a partnership to help these students in Batavia.

"Our numbers in the UPK (Universal Pre-Kindergarten) program are low for students of color. And to work with families from birth to school age to encourage that education and teaching how to educate your children at home. There are a lot of components to that mentorship.”

Rogers said services would be provided throughout students’ school years and could “lead to educational opportunities at the college level and also to business opportunities.”

“So, it’s basically bridging that gap – interagency possibility – for students to have opportunities,” she added.

While acknowledging Christian’s viewpoint, Rogers said that “in reality, those students are the ones who are having difficulties, and there are major gaps for those students.”

“So, what we’re looking for is to have this program and to be able to bridge from it so that our students in all aspects of school … can have a better opportunity.”

Christian wasn’t persuaded, however.

“You’re going to allow anyone to participate because if not, I find it discriminating and it bothers me,” she said. “I’m not a racist person by no means, and this bothers me. So, otherwise, I am going call tomorrow to the Civil Liberties (Union) because I want to make sure that there’s nothing that anyone is denounced in here for any person.”

Tabelski: Municipal Support Required

Interim City Manager Rachael Tabelski proposed the city join forces with the school district in a memo dated Jan. 22, and emphasized that the grant had to be submitted by the end of this month. That’s why it was on the agenda of both the Conference and Special Business meeting that followed last night.

She said that the district obtaining a municipal partner was one of the requirements set forth by the New York State Education Department.

“The program, from my understanding of it … is to support residents of color from birth to graduation of high school to achieve better outcomes through mentorship, through community involvement, through college preparation and all other aspects,” Tabelski said. “It is a targeted program; it’s new for Batavia. I don’t believe we ever had this before and we’re asking that the city sign on and say, ‘Yes, we support this and we think it’s a good idea.’ ”

Tabelski said that the city’s commitment would include advertising on its bulletin boards, introducing students to other community groups they might need to partner with, providing opportunities for students to meet with mentors at the Liberty Center for Youth and providing the homework assistance “that we do at our free afterschool program when it is running at Liberty Center for Youth.”

She also revealed that initial talks about the grant were between the school district and the Genesee County Youth Bureau.

“There was once a conversation with folks from the County Youth Bureau and the youth director. I came in last minute, so forgive me. I’m just trying to help them move this through,” she said. “But originally the plan was to partnership mainly with the county-run programs – the Youth Court and the Youth Leadership program … and to let them know that the city – we do direct programming, we don’t actually run those programs although we participate.”

Tabelski said the agreement was amended to highlight the city’s potential involvement.

“I am the one who suggested that these programs would be something that we would be willing – the City as we move forward, depending on COVID, depending on budget, depending on staffing -- to partner and to allow that center to be a place where the mentors and mentees, and homework can continue to happen.”

Bialkowski: Who Will Provide Homework Help?

Council Member Robert Bialkowski, citing the city’s role in the partnership that includes providing homework assistance, asked who would be providing this service.

Tabelski responded that the city already does this at the Liberty Center for Youth.

“So, whether we contract with the contracting agency in the (proposed) RFP (request for proposal) or we have our own city staff there, it’s already going on. It’s a continuation of what we already are doing,” she said.

Bialkowski then mentioned that city youth services are on hold at this point, and suggested language in the contract that shielded the city from financial obligations if the money wasn’t there.

“We could certainly add that language in there,” Tabelski said, but City Attorney George Van Nest disagreed, saying he didn’t think it was necessary because any private sector agency (or an entity such as a school district) would be subject to any government restrictions in place.

Jankowski said he thought it was “odd” that the school district is the fiscal agent but was asking the city for in-kind support.

Rogers replied that the district already has a “multi-care system approach” to education and mentioned its “great graduation rates.”

“This is another program that we felt would assist us as a school district and as a community to bridge that gap and offer more opportunities to students,” she explained. “It is a program that helps bridge the gap and enhance and cultivate those educational, workforce opportunities for students.”

Jankowski: Why is This Being Pushed Through?

Jankowski noted the school’s budgetary shortfall and, again, questioned why this was “getting pushed through tonight and we haven’t even done our budget yet. We’re voting on this resolution to partner in a grant and these things might not be here.”

Council Member Al McGinnis called it an important issue and encouraged public input before voting to support it.

““We need public input on this. I don’t think we can proceed without having public input, and I’d like the language changed to say all children,” he said.

Again, Jankowski voiced his displeasure with the last-minute notification that put Council on the spot.

“The timing is the problem here,” he said. “We don’t even know what our budget is like. As far as supporting it and moral support … I’m comfortable with that part of it. I don’t know where we’re going to end up from here (with the budget). I don’t what them to apply for that grant and then something comes up beyond our control, and now we’re not able to meet our obligations.”

Council Member John Canale asked Tabelski if there would be any additional cost to the city once the youth center gets up and running. Tabelski said there wouldn’t, prompting Canale to urge his colleagues (Jeremy Karas and Paul Viele were absent) to vote to support it, contingent upon available funding.

That seemed to change Jankowski’s mind as he then commended the program’s priorities and benchmarks, while noting that “people of color” encompasses a larger group of people than just those of African-American descent.

Pacino: If We Can Help, Then Let's Help

Then Council Member Patti Pacino, a longtime educator, spoke in favor of the initiative.

“For all this time, before this came along, we take care of kids who come from families who are Muslim, kids that come from parents who only speak Spanish, kids that come from Black families that have no money. That’s all been going on,” she said. “Now, we can say wait, here’s another program that we can add to our programs.”

“Yes, this one belongs to Black young men that happens to be one where these kids are having problems and these kids are getting into trouble. That does not mean that other kids aren’t. It’s an expansion – one more great thing to do for kids. I’m all for saying we support it and we’ll come up with the money if we can come up with the money. It’s not that we’re taking it over, and it’s not that they haven’t been doing it.”

After Jankowski asked how many students would participate in the program (Rogers said she estimated around 100), Canale said this was an opportunity to “invest in our youth to improve our youth in Batavia -- some of these underprivileged, underserved youth that will stay in Batavia, (and) will be more productive community members as they become adults.”

The resolution was then moved to the Special Business meeting where Christian tried to proposed an amendment to include girls and any students of any color.

That was dismissed, however, due to the parameters of the My Brother’s Keeper initiative.

A vote to support the school district was taken with all Council members except Christian voting in favor of it. McGinnis said he was voting yes, “with reservations.”

In other action, Council:

• Forwarded resolutions concerning the 2021-22 budget ordinance and tax levy; establishment of new water rates, meter fees and capital improvement fees, and amendment of the Batavia Downtown Business Improvement District Plan to its Feb. 8 Business meeting, with expectations that public hearings for all these measures by scheduled for 7 p.m. Feb. 22.

Currently, the budget calls for a 1.38-percent increase in the property tax rate, from $9.59 to $9.73 per $1,000 of taxable assessed value, with a tax levy of $5,864,597.

A budget workshop took place following last night’s Business meeting and another is scheduled for 6 p.m. next Monday.

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 focus on three capital projects in the pipeline for 2021-22 -- 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.

• Set a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

Tabelski said the city is looking at obtaining grant funding for “several infrastructure projects,” specifically mentioning rehabilitative work at the fire station and bureau of maintenance, and a water line project.

• Appointed Lydia Schauf, a former city youth bureau employee, to the City Youth Board advisory group for a term extending through Dec. 31, 2023.

Stephen Hegel, 60, of High Street, Avon, (inset photo left) is charged with third-degree grand larceny and fourth-degree grand larceny. He was arrested and arraigned in Batavia City Court Jan. 19. It is alleged that he stole more than $10,000 in cash in three different incidents from his employer at the time, Turnbull Heating & Air Conditioning. He was put in Genesee County Jail (bail, if any, unspecified) and is due back in Batavia City Court on Feb. 23. The case was investigated by Batavia Police Officer Jason Ivison.

Maurice G. Leach, 44, of West Main Street, Batavia, (inset photo right) is charged with: burglary -- of a dwelling, causing injury; criminal mischief -- intentionally damaging property; third-degree criminal mischief -- damage to another person's property with a value greater than $250; second-degree harassment -- with physical contact; third-degree assault -- intentionally causing physical injury. Batavia police responded to a dwelling on West Main Street in the city at 3:25 a.m. Jan. 16 where it was reported that Leach punched and broke a window screen, entered the dwelling without permission, and allegedly assaulted a victim. After an investigation, he was arrested and it is alleged that he resisted the arrest. He was arraigned virutally in Batavia City Court and put in jail without bail. He is due back in court Feb. 18. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Kristen E. Sekuterski, 34, of Orleans Avenue, Batavia, (inset photo left) is charged with criminal possession of a controlled substance (unspecified) with intent to sell. She was arrested by Batavia police after an investigation with assistance from the Department of Homeland Security, NYS Police, and the Genesee County Sheriff's Office. Sekuterski was arraigned virtually in Batavia City Court and released on her own recognizance. She is due to return to city court on March 9. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Thomas James Leonard, 37, of Harvester Avenue, Batavia, is charged with criminal possession of a narcotic drug with intent to sell and criminal sale of a narcotic drug (unspecified). On Jan. 20, Leonard was arrested on a warrant. Due to bail reform, he was released under supervision of Genesee Justice and is due in Batavia City Court on March 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Alphonso R. Daniels III, 27, of Oneida Street, Rochester, is charged with: owning / harboring an unlicensed dog; having dangerous dogs -- bite causing serious physical injury; and dog running at large. Daniels was arrested on Jan. 17 after a traffic stop was conducted for an alleged traffic violation on Oak Street. He was found to have an arrest warrant out of Batavia Police Department stemming from at incident in the 500 block of East Main Street in Batavia at 9:39 p.m. Feb. 13. He was released with an appearance ticket for Batavia City Court and is due there Feb. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Michael John Tobias, 30, of Maple Road, Alabama, is charged with driving while intoxicated with a BAC of .08 percent, DWI, and moving from lane unsafely. He was arrested after an investigation of a motor-vehicle accident that occurred at 11:42 p.m. Jan. 23 on Judge Road in Alabama. He was released on appearance tickets and is due in Alabama Town Court Feb. 23. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Nicholas Chamoun.

Daniel John Wolfe, 47, of Bank Street, Batavia, is charged with second-degree burglary and and two counts of second-degree criminal contempt. At 11:37 p.m. on Jan. 19, Wolfe was arrested on the charges. They stem from an incident Nov. 13 on Bank Street in Batavia. He is accused of violating an order of protection by entering the dwelling of a protected person at 4:25 p.m. that day. Wolfe was processed then taken to jail and arraigned in Batavia City Court and ordered held without bail. He is due back in city court on March 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Arick Perkins.

Michael A. Sweet, 34, of Bumbacker Road, Gainsville, is charged with unauthorized use of a motor vehicle. It is alleged that he took a vehicle and drove it without the owner's consent at 3 p.m. Jan. 5 on Walnut Street in Batavia and then failed to return it. He was taken to Batavia Police Department for processing and then released on an appearance ticket returnable to Batavia City Court on April 6. The case was handled by Batavia Police Officer Peter Flanagan.

Tevin A. Lise, 30, of North Park Street, Clyde, and Maurice D. Bishop, no age or address provided, are charged with unlawful possession or marijuana in the second degree. Additionally, Lise is charged with aggravated unlicensed operation in the second degree. They were arrested at 7:44 p.m. Jan. 12 on Ross Street in Batavia after a traffic stop. They were issued appearance tickets and are due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Janell M. Sauer, 45, of Gorski Street, Buffalo, is charged with petit larceny. She was arrested following an incident at 1:32 p.m. Jan. 16 on West Main Street in Batavia. It is alleged she shoplifted from a business. She was issued an appearance ticket and is due in Batavia City Court on April 13. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Joshua Girvin.

Jason A. Mcfollins, 43, of North Spruce Street, Batavia, was arrested on a bench warrant issued for failure to appear in court on June 25 (reason unspecified) after turning himself in at Batavia Police Headquarters. He was issued an appearance ticket and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Press release:

Genesee and Orleans counties continue to work diligently to distribute the limited supply of vaccine received in their continued response to the COVID-19 pandemic.

“We were hoping to receive 2,500 doses of the vaccine between Genesee and Orleans counties but were made aware that is not going to occur because of the statewide shortage,” said Paul Pettit, director of the Genesee and Orleans County Health Departments.

“We realize that those who hoped to schedule appointments this week are going to be very upset as well and we are disappointed to have to give them this news.”

The state(wide) allocations were the same as the week before (250,000), the county health departments (Genesee and Orleans) are only receiving 300 doses total between the two this week, which will be utilized for 1B essential workers per the state’s directive.

Those over age 65 should continue to seek vaccine from their providers, pharmacies and the state sites. Appointments for vaccine are currently online ONLY.

Last week the county-run clinics were able administer approximately 1,050 doses.

“At GCC on Friday alone, we were able to administer approximately 550 doses of the vaccine in a seamless fashion. On average, people got theirshots and were able to leave the testing sites within 20 minutes,” said Matt Landers, Genesee County manager.

“As a result of our experience inoperating the COVID19 testing sites, our workforce and community volunteers have been able to replicate this into a smooth operation at the vaccination siteswhen vaccine supplies are readily available.”

We ask those who are 65 and older, part of Priority Group 1B, to continue to check the clinic schedules and as requested by the state, to use the pharmacy links. Pharmacies and other sites that are part of the “retail network” are workingto provide vaccine to the 65 and older population as they receive vaccine.

Update: Jan,. 25, 2 p.m.

Please be advised that Batavia City Council will be holding the 2021/22 budget work sessions on the following dates:

Monday, Jan. 25, 7 p.m. -- Conference Council Meeting, Special Business Meeting &  Budget Work Session (Department of Public Works)

Monday, Feb.  1, 6 p.m. -- Budget Work Session (General Gov’t, General Admin Services, Fire & Police)

Wed., Feb. 3, 7 p.m. --If needed – 3^rd Budget Work Session

Monday, Feb. 8, 7 p.m. --- Business meeting, introduce budget ordinance

Monday, Feb 22, 7 p.m. -- Conference Meeting, (Last opportunity to make budget amendments)

Monday, Mar 8, 7 p.m. -- Adopt Budget and Related Resolutions.

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The process of achieving a 2021-22 spending plan for the City of Batavia is expected to move forward on Monday night with the introduction of resolutions to schedule public hearings on the budget ordinance and establishment of new water rates, meter fees and capital improvement fees.

City Council is scheduled to meet in Conference and Business sessions at 7:30 p.m. Monday at the City Hall Council Board Room.

In a memo to City Council dated Jan. 14, Interim Manager Rachael Tabelski indicated that public hearings are necessary prior to any execution.

Tabelski is proposing that the budget and water rates resolutions, along with a third resolution dealing with amendments to the Business Improvement District Plan, be considered at Council’s Feb. 8 Business Meeting and that public hearings be set for 7 p.m. Feb. 22 – the date of Council’s next Conference Meeting.

Earlier this month, Tabelski proposed a 2021-22 tentative budget – a $27.7 million all-funds spending plan – that calls for a 1.38-percent increase in the property tax rate (from $9.59 to $9.73 per $1,000 of taxable assessed value). According to a resolution on the table for 2021-22, the amount to be raised by taxes is $5,864,597.

Tabelski has said that a combination of revenue losses due to COVID-19 and decreased sales tax and state aid have resulted in a $1.2 million gap compared to the previous fiscal year.

In the area of water and meter fees, the resolution introduces a local law to establish new rates, with water rates and quarterly meter service fees going up by 3.5 percent and quarterly capital improvement fees increasing by 10 percent.

Changes to the BID Plan, outlined in red in Council’s packet of information, indicated that the BID has about $260,000 in its capital infrastructure fund to be used for capital projects. Three such projects earmarked for 2021-22 are downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000).

Other amendments show that the BID’s district assessment charge (a revenue source) – excluding debt service – can’t exceed 20 percent of the total general municipal taxes levied in a year against the taxable property in the BID. Thus, it is currently estimated that that figure is $58,000, and the BID’s assessment is estimated at $1.810873 per $1,000 of assessed value.

Other items of note on this Monday’s Conference Meeting agenda:

• Review of the draft report presented by the City of Batavia Police Collaboration Advisory Stakeholder Group, which has met several times in accordance with Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

Tabelski is suggesting that Council look over the plan and issue it for public comment, and then move it forward to the March 8 Business Meeting where she and Police Chief Shawn Heubusch will review the public comments with Council, prior to the board adopting the plan and sending a certified copy to the New York State Office of Management and Budget.

• A request by the City of Batavia School District for the City to support the district’s application for funding that the My Brother’s Keeper Initiative, a NYS Education grant program.

In a memo dated Jan. 22, Tabelski wrote that the partnership is designed “to increase the academic achievement and college and career readiness of boys and young men of color.”

The memo indicates that the City will support the program, provide “parent engagement and education, mentorship, college and career pathways, and other evidence-based strategies,” provide display space on bulletin boards and brochure racks, provide ADA-accessible public meeting room space, provide mentors at the City’s Liberty Center for Youth afterschool program, and provide homework assistance at the Liberty Center for Youth.

• A resolution to schedule a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

In a memo dated Jan. 22, Tabelski explained that proposals must meet at least one of two national objectives – at least 51 percent of the persons who would benefit from implementation of the plan are low- or moderate-income persons or the plan addresses a slum or blighted area in the community.

She wrote that the City is reviewing possible projects that align with its strategic plan, primarily infrastructure ventures related to water, wastewater and facilities.

Tabelski is suggesting that both the My Brother’s Keeper and the CDBG resolutions be moved to the Business Meeting this Monday night due to timing issues.

Nathan P. Rich, 32, of Sherman Court, Atlanta, Ill., is charged with second-degree strangulation. He was arrested after a domestic incident that occurred at 7:40 a.m. Jan. 6 on South Swan Street in Batavia. It is alleged that Rich put his hands around the victim's throat and applied pressure, causing stupor in the victim. He was taken to Genesee County Jail and processed, then virtually arraigned in Batavia City Court. He was put in jail on $10,000 bail, $20,000 bond, or $40,000 partially secured bond. The case was handed by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Erica Lynn Frith, 37, of Gateway Drive, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated; leaving the scene of a property damage accident; moving from lane unsafely; and violating the conditions of a restricted driver's license. Frith was arrested after an investigation into a property damage accident that occurred at 1:26 p.m. Jan. 10 on South Main Street in Batavia. It is alleged the defendant was driving in a westerly direction on South Main Street when her vehicle struck a parked City of Batavia Police car. She is accused of then leaving the scene. She was issued traffic tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Adam Tucker.

Wayne D. Potter, 37, no permanent address, was arrested on Jan. 12 and charged with criminal possession of a weapon in the third degree and second-degree menacing. He was arrested in connection to a disturbance that occurred at 1:30 p.m. Jan. 11 on Liberty Street in Batavia. It is alleged that Potter brandished a knife during the disturbance. He has previous felony convictions and was ordered put in jail wiothout bail after his arraignment in Batavia City Court. He is due to return to court Feb. 25. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Adam Tucker.

Alexandro Rodriguez, 24, of Dellinger Avenue, Batavia, is charged with: second-degree criminal contempt; second-degree burglary -- of a dwelling; second-degree harassment; and unlawful possession of marijuana in the second degree. At 1:29 a.m. on Jan. 13, Batavia police responded to Dellinger Avenue after being notified that Rodriguez was allegedly back at a residence of a victim who had been issued an order of protection against him the previous day. He was arraigned in Batavia City Court and put in Genesee County Jail on $1,000 cash bail, $2,000 bond, or $4,000 partially secured bond. He was due back in city court late in the morning of Jan. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

James F. Perry Sr., 35, of Central Avenue, Batavia, is charged with: acting in a manner injurious to a child less than 17 years old; disobeying a mandate ordered by a judge; aggravated family offense -- more than one offense within five years; and first-degree criminal contempt -- violation of an order of protection, with physical contact. Perry was arrested at United Memorial Medical Center at 12:52 p.m. Jan. 12 on a warrant out of Batavia City Court. The warrant stems from a domestic incident on Oct. 7 on State Street in Batavia. He was transported to jail and arraigned in city court, then put in jail on $1,000 bash bail, $2,000 bond, or $2,000 partially secured bond. He is due back in court on Feb. 18. The case was handed by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Jose Antonio Rivera, 34, of Swan Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary. He was arrested Jan. 10 after an investigation into a domestic incident that occurred at 4:09 a.m. that day on Swan Street. It is alleged he violated an order of protection and burglarized a house. He was arraigned in Batavia City Court and put in Genesee County Jail with bail (unspecified). He is due back in court on Feb. 17. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Michael Robert Price, 35, of Pearl Street Road, Batavia, is charged with fourth-degree criminal mischief. On Jan. 13, Batavia Police Officer Peter Post arrested Price after a domestic incident at 8:50 p.m. in which it is alleged Price damaged a victim's property during an argument. He was arraigned in Batavia City Court and an order of protection was issued for the victim. He was then released on his own recognizance. Price is due back in city court on March 4.

Paula G. Pierce, 28, of State Street, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 6:39 p.m. on Jan. 14 after an investigation of an incident in which it is alleged that Pierce intentionally damaged the property of another person during an argument. She was released from custody with an appearance ticket to be in Batavia City Court on March 23. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Michael James Denning, 38, of Owens Road, Brockport, is charged with third-degree criminal mischief, fourth-degree criminal mischief, and endangering the welfare of a child. He was arrested at a residence on Leroy Street in the Village of Bergen after the investigation of a physical domestic incident reported at 8:09 p.m. on Jan. 14. It is alleged that he broke a female's $700 cell phone while she attempted to call 9-1-1. This allegedly occurred in the presence of a 4-year-old child. He was arraigned in Genesee County Court on Jan. 15 and a stay away order of protection was issued for the victim. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Jamie Lee Broadbent, 38, of Hutchins Street, Batavia, is charged with petit larceny and endangering the welfare of a child. Broadbent was arrested after a shoplifting complaint was made at a store on Veterans Memorial Drive in Batavia at 3:55 p.m. on Jan. 17. It is alleged that Broadbent stole property and passed all points of purchase without paying. The defendant allegedly did this while in the presence of a juvenile. Broadbent was released with an appearance ticket to be in Town of Batavia Court on March 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Charles J. Rodriguez, 44, of West Main Street, Batavia, is charged with third-degree bail jumping. Batavia Police Officer Peter Post arrested Rodriguez after the defendant allegedly missed several appearances in Batavia City Court. After his arraignment, Rodriguez was released under supervision of Genesee Justice. He is due back in court Feb. 25. Batavia Police Officer John Gombos assisted Post in the case.

The Batavia City School District is asking families to make a final selection of which learning model — in-person hybrid or 100-percent remote — they want for their children in preparation for the start of the second semester of the 2020–21 academic year amid the COVID-19 pandemic.

In a Jan. 13 statement from the district, Superintendent of Schools Anibal Soler Jr. requested that families submit changes to their students’ learning modalities by Jan. 22. He said that this deadline will afford the district enough time to make adjustments to academic programming and transportation services before the semester begins Feb. 1.

“It may not change our numbers a lot, but at least we know moving forward that that is the final in-person hybrid and the final remote rosters that principals could use to kind of lock in the rest of their year,” Soler said at Monday night’s Board of Education meeting.

Families that would like to select a different learning method for the semester should complete the second semester Learning Model Form for each child in their household who seeks the change. Requests for changes can also be made via phone call to students’ respective schools. Those who do not want to modify their students’ academic format do not need to take action.

This survey process aims to strengthen the teacher-student experience for both in-person hybrid learners and remote learning students. The statement said that this learning model selection will allow teachers and administrators to plan more effectively for a stable end to “a difficult and fluid” school year.

“We don't want to burn out our teachers because they've already flip-flopped so much in the way that they teach,” Board Member Tanni Bromley said. “So if they can have a consistent roster, it would be easier for them to decide how they're going to move forward.”

The district’s in-person hybrid students shift between receiving face-to-face and at-home online instruction based on the cohort they are in. All remote-only learners complete their classes entirely in a virtual setting. Board members said at Monday’s meeting that some families have switched between these models multiple times throughout the first semester.

“Consistency for the student is probably best, too, in that if a parent chooses one, then it would be best to kind of ride that out,” Board Member Shawna Murphy said. “Get them through this year and hopefully we won't even be dealing with this next year. But the flip-flopping for the kid isn't good either.”

As of Jan. 15, BCSD reported that 92 individuals, on or off campus, among its students, teachers and staff members are currently testing positive for COVID-19. The district’s statement noted that it may need to transition to 100-percent virtual instruction for all students if an issue related to COVID-19 arises during the second semester. 

BCSD previously switched to fully remote instruction from Dec. 7, 2020 to Jan. 4, 2021 because of staffing shortages related to a rise in positive COVID-19 cases among its students, teachers and staff, and throughout Genesee County. An influx of family requests to move children from hybrid to remote learning was cited as a challenge the district faced in the days leading up to this switch.

“All of our teachers are feeling burned out,” Soler said. “I mean it is tough to navigate this virtual and remote, and it's just a harder year. So our teachers are working like maniacs. They're planning. They're trying to prepare.”

Changes to instruction methods will take effect Feb. 1 and remain in place for the duration of the school year. However, according to the statement, a student’s school may contact parents and guardians at any time during the semester to suggest a modification to the child’s learning format to accommodate their academic needs.

In terms of exceptions to learning model commitments, Soler said he wants families to understand “that if there's a situation that comes about, that they would need to go through their principal first, prior to seeking approval to change, but that only extreme extenuating circumstances would be considered.”

A mandatory quarantine period does not alter the second semester learning method of an in-person hybrid student who tests positive for COVID-19 or has been in close contact with someone who receives a positive test result.

“If that child is quarantined, then he has to go out,” Board Member John Reigle said. “If they test positive, they're out for a certain period. But that person committed to in-person [instruction]. Once they're cleared, they can come back.”

Board members expressed optimism at Monday’s meeting about the sense of normalcy and ease of mind that the second semester learning model selection can potentially bring to everyone.

“To kind of know what's going to be happening for the rest of the school year in February, I think that's a good thing because it's kind of getting back to normal,” Murphy said. “Regardless of what you choose, it's going to stay the same.”

The next board meeting will be livestreamed at 6:30 p.m. Jan. 25 on the school district’s Board of Education YouTube channel.

In the coming weeks, Batavia City Council members will engage in a review process to finalize the city’s 2021–22 budget based on Interim City Manager Rachael Tabelski’s recommended cutbacks to municipal services amid COVID-19 financial challenges.

At Monday night’s City Council business meeting, Tabelski presented a proposed pathway to economic recovery that summarized city revenues and expenses. She said that despite her pride in generating a financially sound budget, it was difficult to put together a fiscal plan because of income losses related to pandemic shutdowns and the subsequent economic downturn.

“I can honestly say that none of us like this budget,” she said. “The restraints and restrictions forced upon us by reduced revenue and state aid will not allow the city to operate as business as usual. There are services that will need to be reduced or cut altogether if we are to achieve a budget within the tax cap.”

She said city budget shortfalls have been compounded by a projected 20-percent decrease -- $350,000 -- in aid and incentives for municipalities. State and federal relief measures have focused on providing businesses with loans and grants, and individuals with stimulus checks, unemployment benefits and eviction and foreclosure moratoriums.

“Within the latest stimulus bill that was passed, there was yet no aid to local governments,” she said. “There is potential for local government funding relief with the new administration, but at this time there are no guarantees and it is not reflected in the fiscal ’21–’22 budget.”

Resident service scalebacks include reduced staffing levels at the local police and fire departments, community policing, arts funding, academic development, special police details and community events. Administrative services, public works and government personnel expenditures will also experience significant cost reductions.

“Restorations of these services will ultimately depend on the economic recovery of the nation as a whole or re-examining priority services for the city,” Tabelski said.

Though cuts and hiring freezes have occurred across departments, increases in city employee wages and expenses, like Social Security and retirement costs, will leave a $1.2 million gap between revenue and expenditures in comparison to the previous fiscal year.

The prospective budget includes the layoff of an ordinance enforcement officer, a retirement incentive for a police officer and several unfilled jobs. Tabelski said the city remains committed to investment in workers compensation and health insurance, budgeted at $294,000 and $2.6 million, respectively.

The property tax rate increase is slated to be 1.38 percent, which would change the rate from $9.59 to $9.73 per $1,000 of taxable assessed value. This year, the city saw a $175,000 decrease in sales tax — its largest single source of annual revenue — and a general fund decline of approximately $800,000.

“The current conditions in the general fund are unsustainable,” Tabelski said. “Future budgets will depend on the ability of the economy ... to recover lost state aid, for us to find sources of revenue.”

Tabelski said the city should become less dependent on the fund balance, reserves and water fund revenue in budgets going forward. She suggested to council members that renovations to commercial and residential properties throughout the community could serve as valuable income streams.

“Despite these difficult economic times, the City of Batavia continues to see investment and economic development in terms of construction and building improvements,” she said. “There are many active developers looking at our city for market-rate housing projects that will draw new small businesses downtown.”

The interim city manager praised Batavia government leaders for their efforts and expressed confidence in their planning to deliver the services that city residents and employees require.

“I anticipate that our budget work sessions to follow will be extremely detailed and filled with proactive conversations so the city can achieve the budget that meets the needs of the organization, the employees and our residents,” she said.

In other action, City Council:

• Endorsed a Batavia Business Improvement District application to the 2020 New York Main Street Anchor Grant for a multipurpose events and entertainment space. If awarded the state grant for up to $500,000, the funding would be used to renovate the external façade and interior of the Batavia Showtime movie theater at 6 Alva Place.

• Approved a resolution that authorized Council President Eugene Jankowski Jr. to sign the amended Dwyer Stadium leasing agreement. This is a five-year agreement in which the Batavia Regional Recreation Corporation will lease the stadium to CAN-USA Sports LLC. 

• Heard from City Attorney George Van Nest that local code enforcement deadlines are being delayed by the state legislature’s COVID-19 Emergency Eviction and Foreclosure Prevention Act. The act extends New York’s eviction moratorium until May 1 for tenants who have endured pandemic-related hardship.

The first budget work session will be held after the council’s next conference meeting at 7 p.m. Jan. 25 in the Council Board Room on the second floor of City Hall, followed by a second session Feb. 1.

Donna Hartman is indicted for the crime of second-degree identity theft, a Class E felony. It is alleged that on July 6 in the Town of Dalton, Livingston County, that Hartman knowingly and intentionally assumed the identity of another person in order to benefit herself monetarily in an amount exceeding $500. It is alleged in the first count that she presented herself to Livingston County Ambulance staff as a person residing on Fargo Road in Stafford, resulting in an ambulance bill for $835 to be sent to the victim. In count two, she is accused of the same crime at Noyes Memorial Hospital, resulting in a bill for hospital service to be sent to the same victim for $732.65. In counts three and four, Hartman is accused of falsifying business records in the first degree, also a Class E felony, for her actions to cause ambulance service records and also hospital business records to reflect false information regarding her name and address.

Jorge L. Rodriguez is indicted for the crime of second-degree criminal mischief, a Class D felony. It is alleged that on Aug. 22 on the Thruway that he intentionally damaged property belonging to another person -- a 2017 Chevrolet -- in an amount exceeding $1,500. In count two, Rodriguez is accused of second-degree reckless endangerment. It is alleged that he drove recklessly that day, in a manner that created substantial risk of serious physical injury. He is accused in count two of purposely ramming his vehicle into the victim's vehicle while another victim was standing between the two vehicles.

Amanda M. Webb is indicted for the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Nov. 1 in the City of Batavia that Webb intentionally damaged property belonging to another person -- a 2009 Chevrolet -- in an amount exceeding $250. In count two she is accused of second-degree harassment. It is alleged in count two that Webb, with intent to harass, annoy or alarm another person, struck, shoved, kicked or otherwise subjected a victim to physical contact or threatened to do so.

Lawrence D. Williams is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on Oct. 4 while at Walmart in Batavia that he passed a counterfeit $100, knowing it was not real, with the intent to defraud.

Joshua G. Bachorski is indicted for second-degree burglary, a Class C violent felony. It is alleged that on Oct. 9 Bachorski knowingly entered or remained unlawfully in a dwelling on Pearl Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree burglary, a Class D felony, for likewise entering an outbuilding at the same address on that date with the same intention. In count three, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing a lawnmower owned by the victim.

Taylor K. Laird is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 28 in the City of Batavia that she drove a 2002 Dodge on Pearl Street while having a BAC of .08 percent or more, and while a child age 15 or less was a passenger. In count two, Laird is accused of aggravated DWI, a Class E felony, while a child age 15 or less was a passenger. In count three, Laird is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for driving that day while her license was suspended or revoked by authorities, and while she was under the influence of alcohol or a drug.

Chad M. Putney is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Putney drove a 2008 Ford on Route 5 while he was intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having in effect three or more suspensions at the the time, imposed on at least three separate dates: Feb. 3, 2018; Dec. 8, 2018; and July 15, 2019 for failure to answer, appear or pay a fine.

Chad Michael Johnston, 34, of Washington Avenue, Batavia, is charged with criminal possession of a controlled substance in the fourth degree -- a stimulant. At 1:07 a.m. on Jan. 14 Johnston was arrested. He was observed by Genesee County Emergency dispatchers in the vestibule of the Sheriff's Office on Park Road in Batavia. While there, he was allegedly observed on video footage using a lighter in the corner. Upon further investigation, he was allegedly found in possession of seven baggies of crack cocaine. It was also found that Johnston allegedly used the lighter to light a glass pipe to smoke the crack cocaine while inside the vestibule. He was held in county jail and arraigned at 9 o'clock the same morning in Batavia City Court. Bail, if any, or status not provided. The case was handled by Deputy Jacob Gauthier, assisted by Sheriff James Stack.

Tawnya L. Muscato, 30, no address provided, of Batavia, is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and speeding. She was arrested by the Wyoming County Sheriff's Office after a traffic stop on Route 98 at School Street in the Town of Sheldon on Dec. 27. Moscato was stopped for allegedly speeding -- driving at 56 mph in a 35-mph zone -- on Route 20A. During the traffic stop she was allegedly found to possess five bags of suspected fentanyl and multiple pieces of drug use and packaging paraphernalia. In addition, she allegedly performed poorly on roadside sobriety testing and was taken to the Wyoming County Sheriff's Office for processing. While there, a Drug Recognition Expert from Warsaw Police Department evaluated her and allegedly determined Moscato was impaired by drugs and unable to drive a vehicle safely. She was released to a sober third party after being issued appearance tickets to be in Town of Sheldon Court Jan. 11. The case was handled by Sgt. Colin Reagan.