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Judy Kaye Ward, 69, of East Park Road, Albion, is charged with criminal trespass. On Jan. 5 at 7:50 p.m. Genesee County Sheriff's Office was called to an address in the first block of Sunset Parkway in Oakfield for the report of a burglary. After an investigation, it was allegedly determined that the landlord of the property -- Ward -- entered the residence of the victim through a side door and remained unlawfully on the premises. She was arrested then released with an appearance ticket to be in Oakfield Town Court on Feb. 8. The case was handled by Deputy Kyle Tower, assisted by Deputy Erik Andre.

Walter Bernard Hale Jr., 43, of West Main Street, Batavia, is charged with: felony driving while intoxicated -- with two previous convictions within 10 years; aggravated unlicensed operation in the first degree; use of a motor vehicle with an ignition interlock device; refusal to take a breath test; drinking alcohol in a motor vehicle while on a public highway; and having no front license plate. At 5:29 p.m. Jan. 9, Hale was arrested after a traffic stop on Ellicott Street Road in the Town of Pavilion. It is alleged that Hale drove a motor vehicle while under the influence of alcohol and while his driver's license was revoked. He was jailed without bail after arraignment in Pavilion Town Court and is due in Genesee County Court on Feb. 8. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Kenneth Quackenbush.

Mark L. Farley, 52, of Harvester Avenue, Batavia, is charged with: unlawful imprisonment; criminal obstruction of breathing; and criminal contempt in the first degree. He was arrested after a domestic incident at noon Dec. 31 on Harvester Avenue, arraigned in Batavia City Court, then put in Genesee County Jail with bail set at $1,000 cash or $2,500 bond or $5,000 partially secured bond. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Peter Post.

David N. Hanna, 44, no permanent address, Batavia, is charged with obstructing a government official and failure to obey a police officer. On Jan. 6 at about 2 a.m., Batavia Police Officer Nicole McGinnis noticed a vehicle in the area of Jackson and Center streets driven by a person allegedly exhibiting suspicious behavior. After some time, McGinnis approached the driver to investigate the possiblity of intoxication. Hanna reportedly immediately attempted to flee in his vehicle from the officer, but was stopped short of doing so when other officers arrived on scene. "Hanna was highly uncooperative with officers and refused to get out of his vehicle." Hanna was arrested, arraigned in Batavia City Court, then released on his own recognizance. He is due back in city court on Feb. 16. McGinnis was assisted by Officer Arick Perkins in the case.

John A. Cabrera, 53, of Mill Street, Batavia, is charged with criminal trespass and harassment. Batavia Police Officer Peter Post arrested Cabrera on Jan. 6 after the defendant allegedly pushed a person during an argument at 4:21 p.m. that day at a rooming house on Mill Street in Batavia. Cabrera was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court on Feb. 25. Post was assisted by Officer Christopher Lindsay.

Linda A. Styer, 34, of Clay Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 5 after she allegedly pushed a shopping cart into another person after an argument at 4:58 p.m. at a business on East Main Street in Batavia. She was issued an appearance ticket for Feb. 23 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson.

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree criminal contempt. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia after being observed at 3:50 p.m. New Year's Day at the residence of a person who has a stay away order of protection. The officers were investigating another incident at the time when they spotted Scheuerlein. He was arraigned in Batavia City Court and put in jail on $7,000 cash bail or $15,000 bond or $25,000 partially secured bond. He is due back in court Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Samuel Freeman. 

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree harassment. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia. It is alleged that on Dec. 18 he spit on a person during an argument at 10:55 p.m. He was processed, arraigned in Batavia City Court, released on his own recognizance but held on charges relating to a separate incident. He is due back in court on Feb. 4. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Samuel Freeman.

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree criminal contempt and second-degree burglary. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia. It is alleged that on Dec. 19 at 12:25 a.m. that he was observed at the residence of a person who has a stay away order of protection. The officers were investigating another incident at the time. He was arraigned in Batavia City Court and put in jail on $7,000 cash bail or $15,000 bond or $25,000 partially secured bond. He is due back in court Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Samuel Freeman. 

Jason William Whitehead, 23, of Shady Lane, Batavia, is charged with fourth-degree criminal mischief. He was arrested on Dec. 31 after an incident that occurred at 2:42 p.n. Dec. 30 on East Main Street in Batavia. It is alleged that Whitehead damaged another person's vehicle during an argument. He was issued an appearance ticket and is due in Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Samuel Freeman.

Randy K. Wilmet, 44, of Bank Street, Batavia, was arrested Jan. 1 on a bench warrant out of Batavia City Court for allegedly failing to appear in court Nov. 10 on a charge(s) from a previous arrest (unspecified). He was put in jail after arraignment and bail set at $5,000 cash, $10,000 bond or $20,000 partially secured bond. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Cassandra  M. D'arconte, 22, of Bank Street, Batavia, is charged with second-degree criminal contempt. She was arrested after the investigation of a violation of an order of protection that occurred at 2:14 a.m. on Dec. 31 on North Street in the City of Batavia. She was issued at appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Sean Wilson.

Justin Thomas Stimson, 33, Hartshorn Road, Batavia, is charged with criminal possession of a forged instrument in the second degree and offering a false instrument for filing in the first degree. On Jan. 8, after an investigation into the alleged fraudulent placement of several firearms on a pistol permit, Stimson was arrested. The incident allegedly occurred on Main Street in Batavia on June 22. Stimson was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court March 4. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Nicole Lee Cramer, 31, of Albany Street, Buffalo, is charged with petit larceny. At 10:02 a.m. on Jan. 6, Cramer was arrested on a warrant out of Town of Batavia Court for an incident reported at April 16 on Clinton Street in Batavia. She was taken to jail then arraigned in Genesee County Court. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

David Paul Haka, 57, of Bowerman Avenue, Scottsville, is charged with petit larceny. Batavia Police Officer Peter Post arrested Haka on a warrant out of Batavia City Court for an incident reported at 2:21 p.m. Sept. 28 on East Main Street in Batavia. Haka was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court Feb. 24.

Frank James Morrocco, 64, of Grant Street, Batavia, is charged with petit larceny. He was arrested Jan. 4 on a warrant out of Batavia City Court. It is alleged that on March 14 that Morrocco stole merchandise from a business on West Main Street in the City of Batavia. He was arraigned in city court then released under supervision of Genesee Justice. He is due back in court on Feb. 25. The case was handled by Batavia Police Officer Christopher Lindsay.

Press release:

• Genesee County received 68 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Sixty-six of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-six of the current positive individuals are hospitalized.
• Three of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation.
• Three of the new positive cases are residents at the Batavia VA Medical Center.
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia.

• Orleans County received 32 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
• Six of the individuals were on mandatory quarantine prior to testing positive.
• Forty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Fourteen of the current positive individuals are hospitalized.

The Genesee County Legislature’s Ways & Means Committee has agreed to give Legislature Chair Rochelle Stein the authority to sign documents related to the COVID-19 pandemic that need prompt attention without prior formal consent of the full board.

At a meeting via Zoom videoconferencing on Wednesday, Stein referred to a memorandum of understanding from the New York State Health Department that “came very quickly (this week) and in order for Genesee County to receive COVID vaccine this had to be turned around immediately,” she said.

“This is actually on our agenda today as a ratification of my prior signature. This really helps the public health department to keep the process rolling so that Genesee County has the opportunity for that vaccine to be delivered here locally.”

Stein reasoned that while in the pandemic, the county must act quickly and prudently to support the health department.

“So, in consultation with our public health department and our county manager and the county attorney – once having all of their approvals to sign this MOU – I did provide my signature,” she said. “If there are other COVID-related agreements that need to be signed very quickly, such as this, I think that I would feel better as the chair having the weight of the rest of the legislature with me as I take that on.”

Therefore, she asked for the committee’s approval to sign these types of documents, only as they relate to COVID-19.

Committee members were in full agreement, with Ways & Means Chair Marianne Clattenburg noting that she believed Stein already had this authority during emergency situations.

“And she’s not going to sign anything where any funds are expended or anything like that,” Clattenburg added.

The recent MOU with the state DOH to ensure distribution and administration of the vaccine by the Genesee County Health Department was time sensitive, prompting County Attorney Kevin Earl to render an opinion “that under these exigent circumstances to obtain vaccine that is crucial to the health and welfare of Genesee County residents, the Chair could sign the MOU, subject to ratification and approval of the terms and conditions by the full Legislature.”

Legislators Gary Maha, Christian Yunker, John Deleo and Gregg Torrey spoke in favor of the request, with Torrey asking if a formal resolution was needed to put this plan into action.

At that point, Earl said he was first looking for a consensus and then will draft a resolution to be considered at the next full legislature meeting (on Jan. 13).

Legislator Gordon Dibble said he wanted to make sure that the legislature was informed in a “timely fashion” when these situations arise and Stein assured him that would be the case.

Clattenburg, speaking directly to Stein, said lawmakers have “total confidence in you and you’re doing a great job.”

“We want to thank you on behalf of all our citizens for the work that you are doing as the chair. This is something that I know you didn’t anticipate last January,” Clattenburg added.

Stein thanked legislators and county employees for pulling together during some trying times.

“We could not do this without a full team effort and everyone working on behalf of the citizens of Genesee County,” she said. “It really is amazing what you can do when you decide to work together.”

Press release:

• Genesee County received 59 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-six of the positive individuals are hospitalized.
• Three of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation.
• One of the new positive cases is a resident at the Batavia VA Medical Center.
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia.

​

• Orleans County received 78 new positive cases of COVID-19. 
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
• Three of the individuals were on mandatory quarantine prior to testing positive.
• Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Fourteen of the current positive individuals are hospitalized.
• One of the new positive individuals is a resident of The Villages of Orleans Health and Rehab and one of the new positive individuals is a resident of Orchard Rehabilitation and Nursing Center.
• We removed one individual from yesterday’s total due to the person not being a resident of Orleans County.

The Batavia City Council on Monday night will be asked to consider a proposal from the owner/operator of the Elmira Pioneers, a team in the Perfect Game Collegiate Baseball League, to place a PGCBL club at Dwyer Stadium for the 2021 summer season.

Interim City Manager Rachael Tabelski this morning informed The Batavian that Robbie Nichols will make a presentation during Council’s Special Conference session to take place via Zoom videoconferencing at 7 p.m.

It will be followed by a Business Meeting where the board – if it likes the idea – is expected to vote on a lease agreement with Nichols’ enterprise, known as CAN-USA Sports LLC. Nichols and his wife, Nellie, also own the Elmira Enforcers of the Federal Prospects (Ice) Hockey League.

“Robbie Nichols has been approved by the (PGCB) League to start and operate a team here in Batavia,” Tabelski said. “He has been interested in putting together a second team in the league and, with things happening the way they did with Major League Baseball, he actually had reached out to the (New York-) Penn league, and the NY-P put us in touch with him.”

Tabelski said representatives of other teams contacted her, “but none had league backing already -- nor a record of success in owning a team in this league.”

According to a memo from Tabelski to City Council dated Jan. 4, the terms of a new lease agreement to use Dwyer Stadium are as follows:

• A five-year lease;
• Rent from Year 1-3, $1; Year 4, $7,500 (placed into the Dwyer Stadium Capital Reserve Fund); Year 5, $10,000 (placed into the Dwyer Stadium Capital Reserve Fund).
• Operator pays for the field maintenance and utility costs to operate.
• Operator will allow use of the field, as appropriate, to community groups, Little League, high schools, etc.

The City has had long history with a Batavia professional baseball franchise, starting in 1939 with the Batavia Clippers as an original member of the Pennsylvania-Ontario-New York (PONY) League.

The Batavia team later was named the Indians, Pirates, Trojans and Clippers (again) before taking the Muckdogs name in 1998 based on a fan poll that chose the nickname and logo.

In 2019, Batavia celebrated its 80th anniversary as the only founding member of the league still in existence.

Since then, MLB has taken control of Minor League Baseball and discontinued short-season competition, with the Muckdogs not among the teams invited to remain as a Major League affiliate.

Tabelski wrote that the PGCBL was founded in 2010 by eight summer baseball teams across Upstate New York in conjunction with Perfect Game USA, baseball’s premier scouting service. The league’s eight founding members were in Albany, Amsterdam, Cooperstown, Elmira, Glens Falls, Mohawk Valley, Newark and Watertown.

Per its website, current teams are located in Watertown, Adirondack (Boonville), Newark, Mohawk Valley, Utica, Oneonta, Albany, Saugerties, Geneva, Elmira, Amsterdam, Glens Falls and Jamestown.

Due to COVID-19, the league cancelled its 2020 season.

For more information about the league, go to www.pgcbl.com.

A telephone call to Nichols was not returned at the time of the posting of this story.

Press release:

Data update for Jan. 6, 2021:

• Genesee County received 53 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Forty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-five of the positive individuals are hospitalized.
• Sixteen of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation. 
• Seven of the new positive cases are residents at the LeRoy Village Green Residential Healthcare Facility.
• Two of the new positive cases are residents at Genesee Senior Living. 
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia. 
• We are saddened to report the COVID-related deaths of two residents, one whom resided at Genesee Senior Living and one whom resided at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.

• Orleans County received 34 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby) 
  • Central Region (Carlton, Gaines, Albion, Barre) 
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
• Six of the individuals was on mandatory quarantine prior to testing positive.
• Forty-two of the previous positive individuals have recovered and have been removed from the isolation list.
• Seventeen of the current positive individuals are hospitalized.
• We removed one individual from yesterday’s total due to the person is not a resident of Orleans County.

Rep. Chris Jacobs, who previously issued a statement rejecting an attempt to overturn the presidential election, today said he will object to certification of the Electoral College results. 

When Texas filed a lawsuit attempting to invalidate election results in Georgia, Pennsylvania, Michigan and Wisconsin, Jacobs said he would not sign onto the effort because he respected federalism and states' rights.

Today, in a statement, Jacobs contradicted that stance saying, “There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates."

There have been multiple lawsuits contesting changes in state voting procedures in Georgia, Pennsylvania, Michigan and Wisconsin. All of them have been rejected by their respective courts, primarily because the plaintiffs did not file their lawsuits prior to the election but instead waited until after residents in these respective states voted in good faith under the guidance provided by state officials.

States such as Alabama, Arkansas, Kentucky, Mississippi, Ohio, South Carolina and Texas -- states Trump won -- also made accommodations for voting during the coronavirus pandemic but Republicans are not contesting the results in those states. 

Jacobs said disputes over the election have not been adjudicated; however, 59 lawsuits have been thrown out by state and federal courts either because of timeliness or lack of evidence, including two that reached the Supreme Court. The current composition of the court includes a majority six Republican-nominated justices, including three appointed by Trump.

Today, both bodies of Congress are meeting in joint session to open and tally the electoral college votes, which have been certified by states, giving Joe Biden a 306 to 232 vote victory. Jacobs will not be the only Republican refusing to accept the results of the election. Several senators and other House members are joining in.

Senate Majority Leader Mitch McConnell, who has been a strong ally of the president over the past four years, criticized that effort in a floor speech today.

“Voters, the courts, and the states have all spoken — they’ve all spoken,” McConnell said. “If we overrule them, it would damage our republic forever.”

In opposing Biden's victory, Jacobs breaks with fellow Republican from the Southern Tier, Tom Reed.

"It is clear to me that the U.S. Constitution calls upon our elections for president to be done at the state level, and that if there are issues of fraud, if there are issues of whether or not those elections are carried out lawfully, they are to be adjudicated at the state level," Reed said. "No state legislature has asked us to intervene in Congress in this process, and that being said, I will not be objecting to the state electors tomorrow, based upon my commitment to the U.S. Constitution."

Here is the full statement from Jacobs:

Congressman Chris Jacobs (NY-27) released the following statement regarding the objections to the certification of the Electoral College.

“There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates.

This troubling fact, along with countless reports of election irregularities, has left many Americans with valid concerns about the integrity of the November 3rd presidential election because these concerns have yet to be properly adjudicated.

“I have a duty to represent my constituents and a constitutional duty to ensure the security and integrity of our elections. 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.

“The American people must have confidence in their elections, and I intend to work to restore that trust. As such, I will support efforts to achieve a full review of the actions taken by states that have led to the widespread distrust that now exists. I feel it is imperative to allow for this crucial national conversation to be debated in public on the floor of the U.S. House of Representatives.

An attorney representing The Batavian is leaving the door open for an appeal after a Niagara County Family Court justice ruled against the online publication’s request for a transcript of a portion of a Genesee County Family Court hearing that dealt with a potential conflict of interest situation involving current Batavia City Court Judge Durin Rogers.

“We respectfully disagree with the Court’s decision and are considering our options for appeal,” said Heather E. Murray, managing attorney for the Local Journalism Project at the Cornell Law School First Amendment Clinic.

The Dec. 24 ruling by Niagara County Family Court Judge Erin P. DeLabio pertains to a hearing on Nov. 26, 2019 when DeLabio closed her courtroom to reporter Howard Owens, publisher of The Batavian.

After he was locked out of the hearing, Owens sought to obtain a transcript as he believed the public’s right to know outweighed any other factors since Rogers, representing the Genesee County Attorney’s office, also was serving as a sitting, part-time City Court judge while a defendant in the Family Court matter also was facing criminal charges in City Court.

Rogers was elected as the full-time City Court judge in November 2019 and sworn in Dec. 20, 2019.

Attorney Thomas Burns, who was representing a woman accused of hitting her child with an object, filed a motion alleging Rogers’ conflict of interest as the latter had access to City Court documents and was able to interact with other members of the county’s criminal justice system.

DeLabio, in her ruling, cited “confidentiality” concerns that outweighed The Batavian’s contention – as outlined in its “moving papers” – that the public has a right to know if an elected official is acting in an inappropriate manner.

The judge also wrote that it was “disconcerting” that the publication’s motion “was never served upon the very attorney (Rogers) who is the subject of the motion” and … as such, “service of this motion was defective.”

Owens said that DeLabio’s ruling has not changed The Batavian’s position on this issue.

His complete statement follows:

“As a local news publisher, I believe one of my roles in the community is to stand up for the First Amendment and public access to the public’s business, whether that’s through the state’s open meeting laws, public information laws, or the state’s provisions for ensuring courtrooms and court documents remain open to the public.

“Democracy does not work if the government can operate in secret.

“All of New York’s courts, including Family Court, are open to the public and the law is very clear that a courtroom can only be closed based on specific findings based on supporting evidence revealed in an open hearing on the matter.

“It’s been our position all along that Judge Erin DeLabio failed to follow the law when she closed her courtroom on Nov. 26, 2019. It is undisputed that the judge did not hold an opening hearing when she closed her courtroom.

“Since the portion of the hearing The Batavian sought to monitor involved an accusation made in court documents of a possible conflict of interest involving a public official, one who is no less than an officer of the court, we felt this matter was of significant public concern.

“And though this hearing happened more than a year ago, The Batavian’s position on this issue has not changed. With the help of the Cornell First Amendment Clinic, we appealed DeLabio’s ruling and felt we made a strong case.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case) so we were surprised and disappointed in DeLabio’s decision. As to her position regarding notice of service of Durin Rogers, this is a technical legal issue we will leave to our attorneys to address in our appeal. 

“Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgements on what is newsworthy.

“The public concern of this case has little to do with the election and everything to do with the fact that Durin Rogers is a public official in a position of public trust. This is why we reported on the issue in the first place and continue to maintain interest in the issue until it is publicly resolved. The public has a right to be informed on all matters involving a public official being accused of a conflict of interest. It is not incumbent upon Judge DeLabio to determine what is editorially relevant and her statement in the ruling amounts to prior restraint.

“We are appealing this ruling for the very fact that until the transcript is released, it remains a matter of public concern and is therefore newsworthy. It is newsworthy today and it will remain newsworthy in six months or two years, or however long it takes for justice to be served.

“We wish to see New York’s laws ensuring open courtrooms protected for the good of all citizens of New York.”

Previously:

Motion asks deputy county attorney to be removed from case over alleged conflict of interest

Judge blocks press from covering conflict-of-interest motion

Press release:

• Genesee County received 91 new positive cases of COVID-19.
  • • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
      • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
    • Thirty-five of the previous positive individuals have recovered and have been removed from the isolation list.
    • Twenty-one of the positive individuals are hospitalized.
    • One of the new positive cases is a resident at the LeRoy Village Green Residential Healthcare Facility.
    • We are saddened to report the COVID-related deaths of two residents, one whom resided at Genesee Senior Living and one whom resided at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.

​

• Orleans County received 25 new positive cases of COVID-19.
• The new positive cases reside in the:
  • Nineteen of the current positive individuals are hospitalized.
  • Twenty of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).

The legislature’s Human Services Committee on Monday voted in favor of creating a deputy youth bureau executive director, a temporary title that County Manager Matt Landers said will be given to Chelsea Elliott, (photo at right), who has worked for the county for the past seven years.

“Chelsea currently is our youth program coordinator and she is very capable,” County Manager Matt Landers said. “She runs our Youth Court and also coordinates the education piece on the youth side of the STOP-DWI program.”

The vacancy occurred last month when Jocelyn Sikorski stepped down to become executive director of Cornell Cooperative Extension of Genesee County, effective Jan. 25.

Landers said Elliott will be working with Sikorski over the next couple weeks to review the executive director’s responsibilities.

“We realize that there is going to be a period of time that the position is vacant, and looking at the need for somebody in house to transition us, this seemed like the most appropriate fashion (to proceed),” Landers said. “… with this being a union employee that would be stepping up into the role … we feel like this is a justified and prudent move for us to do.”

Landers said the resolution passed by Human Services (and subject to a vote of the full legislature) calls for the full-time deputy position to run for up to six months.

“We don’t anticipate it taking six months. We have spoken with Chelsea and she is agreeable to step up, and then once the director position is filled, the temporary position will be eliminated,” he said. “If Chelsea does have an interest (in succeeding Sikorski), this is something where we will have an opportunity to view her in the role. Certainly, she is eligible to throw her hat into the ring.”

The deputy executive director position provides additional pay for Elliott since her duties will increase, Landers said.

The change at the top of the county’s youth bureau comes as the City of Batavia, which has shared the county executive director for its youth programming, explores the possibility of contracting with an outside agency to provide city youth services.

Rep. Chris Jacobs voted last week in favor of President Donald Trump's request to give every eligible American an extra $2,000 in a COVID-related stimulus payment but the CASH Act remains stalled in the U.S. Senate.

Whether those payments will land in taxpayers' bank accounts in the coming weeks seems to hinge on today's runoff election in Georgia.

Two Senate seats are up for grabs and all four candidates support passage of the CASH Act but getting the bill through the Senate isn't just a matter of lining up enough votes.

Sen. Mitch McConnell, as majority leader, has the power to block a floor vote on the bill.

McConnell has argued that some of the direct payments would go to families who don't need it and would cost about $464 billion.

The House-passed bill, McConnell said, "has no realistic path to quickly pass the Senate," vowing that the chamber would not be "bullied into rushing out more borrowed money."

Jacobs doesn't see it that way.

“Additional COVID-19 relief has been my priority since I took office this summer," Jacobs said in a statement. "I voted to deliver $2,000 stimulus checks to Western New Yorkers who have been hardest hit by arbitrary shutdowns, unemployment, and economic downturn. I commend the President for signing the bipartisan relief deal last night and for his support of increased stimulus checks.” 

The CASH Act was approved last week by the House in a 275-134 vote. Fourty-four Republicans supported the measure.

The $2,000 payments were first suggested by Trump. He said he wasn't happy with Americans getting only $600 each in the last stimulus bill.

While campaign for the Democrats in Georgia's special election yesterday, Joe Biden, winner of the Nov. 3 election, said the $2,000 stimulous checks would be sent to Americans immediately if the Democrats win both seats today.

The race pits Kelly Loeffler against Raphael Warnock and David Perdue against Jon Ossoff.

Biden supports Warnock and Ossoff.

"If you send Jon and the Reverend to Washington, those $2,000 checks will go out the door, restoring hope and decency and honor for so many people who are struggling right now," Biden said. "And if you send (Perdue and Loeffler) back to Washington, those checks will never get there," Biden said. "It's just that simple. The power is literally in your hands."

Even though Perdue and Ossoff both support the stimulus payment, even with the two Republicans seated in the Senate, McConnell could still block the bill from coming up for a vote.

A victory for two Democrats would mean the end of McConnell's reign as majority leader and, according to Biden, mean there would be no possibility of Republicans blocking the direct payments.

A Democratic victory today would also give the party control of both houses and the White House for at least the next two years and leave Republicans with little power to block the Democratic agenda.

The amplified power of congressional leadership to control floor votes has long been a target of complaints from the former Congressman from Wisconsin, and former Republican now Libertarian Justin Amash. He tweets about it frequently.

Decentralize. https://t.co/vuXEXE2cWT

— Justin Amash (@justinamash) January 4, 2021

Derek Francis McQueen, 33, of Phelps Road, Corfu, is charged with: second-degree vehicular assault; driving while ability impaired by combined influence of drugs; third-degree aggravated unlicensed operation; following too closely; and unlicensed operator. At 1:04 p.m. Sept. 16, the Genesee County Emergency Dispatch Center received a report of a two-vehicle collision with injury on Batavia Elba Townline Road in the Town of Elba. Following an investigation into the accident, it was determined that McQueen -- operator of the striking vehicle -- was at fault. A license check found the NYS driver's license was revoked. During the course of the investigation, it was suspected that McQueen was under the influence of drugs. Field sobriety tests were administered and he was subsequently arrested. The defendant was taken to the Genesee County Jail where City of Batavia Police Detective Matthew Wojtaszczyk, a certified Drug Recognition Expert, administrered a drug influence evaluation, which allegedly determined McQueen to be under the influence of multiple categories of drugs. On Monday, Jan. 4, he was charged in the case due to the injury sustained by an occupant of the other vehicle involved. He was issued an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Antiquated. Obsolete. Restrictive. Unfair.

Those were some of the adjectives used by members of the Genesee County Police Reform and Reinvention Collaborative to describe the New York State Department of Civil Service during its meeting on Monday night via Zoom videoconferencing.

And, going beyond sharing their opinions of Civil Service, the committee agreed that now may be the “perfect opportunity” to reform the system that administers tests for government jobs.

“There has been a push throughout New York State for years now about reforming the Civil Service requirements and the testing procedures,” Sheriff William Sheron said, responding to a question from committee member Julie Carasone about changing the procedure to ensure more diversity in hiring. “I guess my best answer to that is to push on our state senator and assemblyman to try to change that or put pressure on New York State to change their Civil Service regulations.”

Sheron said he is speaking on behalf of administrators in various job sectors who are hamstrung by Civil Service’s restrictive guidelines.

“That you have to select from the top three individuals, to me, makes no sense in the world. I think there should be more of a test and interview process rather than a guarantee that if you’re in the top three – that we have to try to choose from the top three,” he said. “Many times, the individuals that you have to choose from are not satisfactory but it’s very difficult to get them removed from the list.”

The sheriff said it would take a unified front consisting of government, municipal and community leaders to put pressure on Albany, noting that “it’s definitely time for some type of Civil Service reform.”

Committee Member Gregory Post, who is the Batavia Town supervisor, said it was his belief that Civil Service “hasn’t had a total rehab since Teddy Roosevelt was president.”

Post: Collaboration Can Make a Difference

“But, that being said, this is the perfect opportunity now because there has always been, in my 45 years in the public sector, one component -- which is generally the employers or the management side petitioning the governor and Albany and some of the more partisan politicians on the east and Downstate to amend Civil Service policies to address our reality.”

“This opportunity that has been presented to us in the past year, I think for the first time in several decades, empowers this organization to ally with the constituents and in a combined manner (with) all parties involved …working collaboratively. It shouldn’t just be county officials and legislators. They’ve been asking for this for a hundred years.”

Post said he would like to see a partnership involving “constituents who are most impacted and most benefitted from this change, and the only way we can do that is to involve them and engage them, and I think we need to invite the press to be participatory in that. … Being in the top three has not served us as well as trusting our instincts and giving people a chance that otherwise wouldn’t have one.”

Sheron noted that a deputy sheriff’s position is opening soon and said his plan is to get the notice out to the public as quickly as possible, working with Human Resources to reach the minority communities. He also said he is enlisting the services of the Genesee County Career Center to help those interested in taking the test, including resume preparation and interviewing techniques.

Sheron and County Manager Matt Landers concurred that the county’s ability – or inability -- to find worthy minority candidates for law enforcement and other positions has been a stumbling block.

“I think the starting point for us is to trying to go down the avenue of getting the word out about our test coming up and providing individuals the education and the tools to be able to be successful in taking the tests,” Sheron said, adding that only a few members of the minority community have taken the deputy sheriff’s test and even fewer have passed it.

Landers: We Can Do Better

Landers said finding a path to change Civil Service would be a major challenge, considering the bureaucracy involved, but emphasized that he didn’t want to downplay the effort to reform it.

“But at the same time, we can’t lose sight of the fact that we can do better with our recruitment and advertising efforts,” he said, “I think that’s something that we control in our own hands that we don’t need outside help with. We can try to reach out to segments of our population and do a better job of education and better job of notification.

“We can change the rules all we want -- from (the top) three to five to 100 – but if we don’t get diversity in people in taking the test, then it doesn’t do any good at all.”

Landers also criticized the time gap in the Civil Service process, noting that it sometime takes up to year to fill the position after the taking of the test.

“The way Civil Service works – it’s kind of a unique situation – a person signs up for a test, it’s taken three months later and the results come out three months later – where an opportunity might open up six months later,” he advised. “It’s such an antiquate process, in general, that it’s kind of like a secret in some ways that people have to be planning way ahead.”

As far as reaching the minority population, he suggested that the sheriff reach out to groups such as Just Kings in the City of Batavia to “spread the word and that might have more of an immediate effect.”

Sheron: Let's Put it in the Report

While Genesee County ramps up its effort to reach a more diverse audience, Sheron said it is important that this committee include its evaluation of the Civil Service process in the report it will send to New York State by April 1.

“We recognize that there are problems with Civil Service and should incorporate it right into our report to the state,” he said.

Post agreed, adding that the chance to see a change would be possible “if we can get 5 percent (of Genesee County residents) to support some kind of petition to address this as a vital component of what they’re asking us to do here. We need to strike while the iron is hot … as the whole system is corrupt and obsolete.”

County Legislature Chair Rochelle Stein said she supports moving on this immediately.

“Right now is the time, with the leadership in Albany, to grab a hold of this and update the entire process of Civil Service,” she said.

Committee member Gary Maha, former Genesee County sheriff, said Civil Service would be a “very difficult nut to crack” and called upon the New York State Association of Counties, Conference of Mayors, county managers and city managers … “to get the attention of our (state) legislature.”

Sheron and Undersheriff Brad Mazur opened the meeting by presenting an outline of three areas mentioned in Gov. Andrew Cuomo’s Executive Order on police reform – Violence Prevention & Reduction Intervention, Model Policies and Guidelines Promulgated by the NYS Municipal Police Training Council, and Standards Promulgated by the NYS Law Enforcement Accreditation Program.

• Violence Prevention & Intervention

This involves removing or reducing underlying causes and risk factors, such as alcohol abuse, drug abuse, gang activity, illegal weapons possession and domestic conflicts.

The sheriff’s office currently works with professionals from several sectors in this effort, including the YWCA, Genesee County Mental Health, Genesee/Orleans Council on Alcoholism and Substance Abuse, school resource officers, Crisis Intervention Team, PAARI (Public Safety Assisted Addiction and Recover Initiative), Independent Living Continuum of Care and Criminal Justice Advisory Council.

• Model Policies & Guidelines

The sheriff’s office follows Municipal Police Training Committee (MPTC) model policy – as well as policies of other accredited law enforcement agencies -- in various aspects of police operation.

Not every model policy is suited to adoption by every agency, Sheron said. Many agencies develop their own policies and procedures by studying model policies from many sources, and by studying actual policies being successfully used by other law enforcement agencies around the country.

• Standards Promulgated by the NYS Accreditation

The Genesee County Sheriff’s Department has been an accredited agency with the New York State Law Enforcement Agency Accreditation Council (LEAAC) since 2000, and currently is accredited through November 2025.

The sheriff's office has developed a Citizen Comment Form for positive comments, as well as legitimate concerns and/or constructive criticism, regarding the Sheriff’s Office or Sheriff’s personnel. 

The next meeting of the Genesee County Police Reform Collaborative is scheduled for 6 p.m. on Jan. 19.

Press release:

• Genesee County received 166 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• One hundred and forty one of the previous positive individuals have recovered and have been removed from the isolation list.
• Eleven of the positive individuals are hospitalized.
• Three of the new positive cases are residents at the Batavia VA Medical Center.
• Two of the new positive cases are residents at the LeRoy Village Green Residential Healthcare Facility.
• One of the new positive cases is a resident at the Premier Genesee Center for Nursing and Rehabilitation.
• We are saddened to report the COVID-related deaths of two residents who did reside at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.​

• Orleans County received 101 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Eight of the individuals were on mandatory quarantine prior to testing positive.
• Sixty five of the previous positive individuals have recovered and have been removed from the isolation list.
• Sixteen of the current positive individuals are hospitalized.
• We are saddened to report the death of one of our community members. The individual was over 65 years old. We will not report any other details out of respect for the person and their family. We extend our deepest condolences to the family and friends of this person during this very difficult time.

Genesee County's seven-day average positivity rate is 12.4 percent.

Juan M. Mendez, 20, of Holley, no address provided, is charged with first-degree rape -- sexual intercourse with another person who is incapable of consent by reason of being physically helpless. It is alleged that at midnight on Sept. 4 on Batavia Stafford Townline Road, in Batavia, that Mendez had sexual intercourse with a female who was incapable of consent due to her level of intoxication, rendering her helpless. He was put in Genesee County Jail following his arrest and arraignment and his bail was set at $2,500 cash or $10,000 bond. Mendez is due in Town of Batavia Court on Jan. 28. The case was investigated by Genesee County Sheriff's Office Investigator Joseph Loftus.

William Richard Kapelke, 38, is charged with endangering the welfare of a child and criminal obstruction of breathing. On Dec. 31, he was arrested after the investigation of a domestic incident that occurred at 8 a.m. on West Main Street Road in the Town of Batavia. It is alleged that Kapelke choked a female durihg a verbal and physical altercation, and that this occurred in the presence of the victim's child, who is under the age of 17. He was arraigned in Genesee County Court and released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Mathew Clor.

Dylan S. Pehrson, 18, of Franklin Street, Batavia, is charged with: criminal mischief in the fourth degree; criminal mischief in the second degree; grand larceny in the fourth degree; and third-degree robbery. The arrest follows a domestic incident that occurred at 3:06 p.m. Dec. 20 on Franklin Street. It is alleged that the defendant forcibly took items from the victim and broke property at the residence. After arraignment in Batavia City Court, Pehrson was released on their own recognizance and is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Joanne K. Harper, 56, of Pavilion, no address provided, is charged with: failure to keep right; driving while ability impaired by drugs; and driving while ability impaired by a combination of drugs and alcohol. At 3:27 p.m. on Dec. 20, the Wyoming County Sheriff's Office Emergency Dispatch Center received a report of a two-car head-on collision with injury on Old State Road near Silver Lake Road in the Town of Covington. It was also reported that one of the drivers was trapped and could not get out of the vehicle. Responding deputies observed two vehicles that had collided on the north shoulder of the westbound lane on a blind curve. Deputies freed the entrapped driver and both drivers were medically evaluated by Perry and Monroe ambulance medics. The eastbound vehicle appeared to have swerved into the westbound lane, causing the head-on collision. The driver of the eastbound vehicle, Harper, was given field sobriety testing and arrested. She was taken to Attica Police Department for evaluation by the NYS certified Drug Recognition Expert, who reported that she was allegedly under the influence of multiple drugs and could not operate a vehicle safely. Harper is due in Town of Covington at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.

Morgan Elizabeth Rector, 21, of Pickthorn Drive, Batavia, is charged with fourth-degree criminal mischief. She was arrested after an investigation into a domestic incident that occurred on Pickthorn Drive at 2:53 p.m on Dec. 27. It is alleged that she damaged property. Following her arrest, she was released on an appearance ticket to be in Batavia City Court on Feb. 23. The case was handled by Bataiva Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Cassandra M. D'arconte, 22, of North Street, Batavia, is charged with second-degree harassment and criminal contempt in the first degree. She was arrested on Dec. 23 after the investigation of a domestic incident that occurred at 4:31 p.m. that day on North Street. It is alleged that she violated an order of protection that was issued the same day. She was arraigned in Batavia City Court and released under supervision of Genesee Juctice. D'arconte is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Taylor M. Peyman, 29, of Ellicott Street Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; unsafe backing; aggravated unlicensed operation in the third degree; and DWI -- common law. On Dec. 19, Peyman was arrested after an investigation into an accident that occurred at 8:20 p.m. in the area of Jackson Square. Peyman was released with appearance tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Samuel Freeman.

Tammy Rene Daigler was arrested at 3:55 a.m. on Jan. 1 on Wiard Street in the City of Batavia for driving while intoxicated -- first offense. She was stopped for a vehicle and traffic law violation and, following an investigation, allegedly found to be impaired by alcohol and to have a suspended driver's license. She is due in Batavia City Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack and City of Batavia Police.

Michael Shane Lytle, 31, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction, and unlawfully selling fireworks with a value of $500 or more. He was arrested at 12:03 p.m. on Dec. 21 on State Street after an investigation by Genesee County Probation Department and city police. It is alleged that he possessed an illegal metal knuckle knife and more than $500 worth of illegal fireworks. He was arraigned in Genesee County Jail virtually by Batavia City Court and released inder supervision of Genesee Justice. Lytle is due to return to city court on Feb. 18. The case was handled by Batavia Police Officer Austin Hedges.

Casey Thomas Vaughn, 31, of Prune Street, Batavia, is charged with petit larceny. Vaughn was arrested on Dec. 28 after an investigation into a larceny that occurred Dec. 20 at 5:08 p.m. at the Mobile Gas Station on East Main Street in Batavia. It is alleged the defendant stole products from the convenience store. He was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Sean Wilson.

Richard J. Burdick, 42, of Central Avenue, Batavia, is charged with petit larceny. He was arrested on Dec. 26 after allegedly stealing a shipping cart full of goods from Tops Market in Batavia at 10:29 a.m. He was processed on scene and released with an appearance ticket for Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Mitchell Cowen

Robert C. Strollo, 60, of Bethany Center Road, East Bethany, was arrested by Batavia Police Officer Peter Post after Strollo turned himself in on a bench warrant for petit larceny out of Batavia City Court.

Press release:

Data Update – Please note the Genesee and Orleans County Health Departments will be closed for the New Year’s Day holiday, Friday, Jan. 1 and will not be updating data until Monday afternoon.

We thank each of you for your encouragement, assistance, diligence during this very extraordinary year. We look forward to continuing to provide updated health information and wish each of you a safe, healthy and Happy New Year!

We encourage everyone to limit their time in public and to celebrate virtually with family and friends who don’t live with you.

• Genesee County received 75 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Eighty-three of the previous positive individuals have recovered and have been removed from the isolation list.
• Seven of the positive individuals are hospitalized.
• Four of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility. 
• Please note there was a miscount for reporting the deaths yesterday. There are 29 COVID-19 related deaths in Genesee County, not 30.

​

• Orleans County received 34 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby) 
  • Central Region (Carlton, Gaines, Albion, Barre) 
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s. 
• 5 of the individuals were on mandatory quarantine prior to testing positive.
• 24 of the previous positive individuals have recovered and have been removed from the isolation list.
• 13 of the current positive individuals are hospitalized.
• We are saddened to report the death of one of our community members. The individual was under 65 years old. We will not report any other details out of respect for the person and their family. We extend our deepest condolences to the family and friends of this person during this very difficult time.

Desiree M. Hutchinson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Hutchinson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is accused of the same crime for allegedly possessing fentanyl that day with intent to sell it. In count three, she is accused of criminal possession of a crontrolled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more substanes containing a a narcotic drug -- cocaine -- which had an aggregate weight of one-eighth of an ounce or more.

Montell L. Cunningham is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Sept. 13 in an upper apartment on Tracy Avenue in the City of Bataiva that he unlawfully entered a dwelling with the intent to commit a crime and while there caused physical injury to a female victim. In count two, his is accused of second-degree strangulation, a Class D violent felony, for allegedly applying pressure to her neck or throat, with the deliberate intention of impeding normal breathing or blood circulation, and thereby caused stupor, loss of consciousness or physical injury or impairment. In count three, Cunningham is accused of second-degree harassment, a violation. It is alleged in count three that on that day, with intent to annoy or alarm a person, that he struck, shoved, kicked or otherwise subjected the female victim to physical contact.

Anthony J. Welch is indicted for the crime of criminal possession of a controlled substance -- cocaine -- with intent to sell it, a Class B felony. It is alleged that on May 22 in the City of Batavia that Welch possessed cocaine with intent to sell it. In count two Welch is accused of tampering with physical evidence, a Class E felony. It is alleged in count two that on May 22 that he acted with intention to conceal evidence -- upon being confronted by a uniformed police officer, he hid a quantity of cocaine between his buttocks. In count three, Welch is accused of the crime of promoting prison contraband in the frist degree, a Class D felony. It is alleged in count three that on that day he knowingly and unlawfully introduced cocaine into a detention facility -- the Genesee County Jail. In count four, Welch is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that on that day he knowingly had scales used to weigh or measure controlled substances and that he intended to use them for unlawfully packaging or dispensing a narcotic drug or stimulant.

David P. Grossman is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Aug. 4 that Grossman entered and remained unlawfully in a dwelling on Highland Park in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree criminal mischief, a Class E felony. It is alleged in count two that one that day he damaged property belonging to another person in an amount exceeding $250 -- a City of Batavia police patrol vehicle. In count three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for damaging property belonging to another person -- a door and the face of a clock. In count four, he is accused of resisting arrest, a Class A misdemeanor, for preventing or attempting to prevent a police officer from arresting him. In count five, Grossman is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for impairing or attempting to impair a public servant from performing an official function by means of intimidation, force or unlawful act. In count six, the defendant is accused of third-degree coercion, a Class A misdemeanor, for making a demand of an officer and instilling fear that if the demand was not complied with, the defendant would cause physical harm to the officer. In counts seven and eight, respectively, Grossman is accused of endangering the welfare of two children, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of children less than 17 years old.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 16 at the Crosby's store on Clinton Street Road in the Town of Batavia that these defendants committed the crime of second-degree criminal mischieg, a Class D felony. It is alleged that on Sept. 16 they intentionally damaged property belonging to another person in an amount exceeding $1,500 -- mutiple doors, a kitchen sink and merchandise at that Crosby's location. In count three, they are accused of third-degree grand larceny, a Class D felony, for allegedly stealing porperty having a value of more than $3,000 -- cigarettes worth $3,500. In count four, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally engaging in conduct that constituted a felony and they agreed and engaged in such conduct.

Aurelio A. Figueroa is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between July 2014 and July 2019 that Figueroa stole property valued at greater than $3,000 --- a total of $9,321 in SNAP (Supplemental Nutrition Assistance Program) benefits. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two that on July 5, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count three, he is accused of the same crime for filing another written instrument -- a Landlord Statement -- allegedly knowing it contained false information and presented it with the intent to defraud a public authority. In count four, it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count five it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count six, it is alleged that on June 19, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count seven, it is alleged that on June 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count eight, it is alleged that that on Jan. 14, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count nine, it is alleged that on Jan. 11, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 10, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 11, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 12, it is alleged that on July 16, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In counts 13 and 14, Figueroa is accused of falsifying business records in the first degree, a Class E felony, for allegedly making a false entries into business records by submitting Shelter Verification forms which had information crossed out on Jan. 19, 2018 and Jan. 14, 2019, respectively.

Ana M. Uribe is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between August and November 2019 in the Town of Batavia that she stole property with a value exceeding $3,000 -- a total of $3,218 in SNAP (Supplemental Nutrition Assistance Program) benefits and public assistance. In count two, Uribe is accused of offering a false instrument for filing in the first degreem a Class E felony. It is alleged in count two that on Sept. 4, 2019 in the Town of Batavia that she submitted a SNAP/Public Assistance Recertification to public authorities knowing that is contained false information and did so with the intent to defraud them.

Robert A. Bell Jr. is indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on March 13 of this year that Bell, in the City of Batavia, knowingly possessed stolen property with the intent to benefit himself and its value exceeded $3,000 -- a 2008 Hummer H2.

Craig L. Fien is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 22 on Lake Street in the Village of Le Roy that Fien possessed a dangerous instrument -- a bat -- with intent to use it unlawfully against another person. In count two, he is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day he intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by means of displaying a dangerous instrument -- a bat. In Special Information filed by District Attorney Lawrence Friedman, Fien is accused of having been convicted of: petit larceny, a Class A misdemeanor, on Oct. 22, 2014 in Monroe Couny Court, and the same crime on Nov. 15, 2016, in Town of Batavia Court; criminal possession of stolen property in the fourth degree, a Class E felony, on Aug. 14, 2019 in Genesee County Court; and these convictions form the basis for count one in the current indictment.

With the start of a new year less than 10 hours away, it certainly would be nice if the world could just turn the page and put 2020 – a year marked by a global pandemic known as COVID-19 – in the rearview mirror.

Unfortunately, however, the challenges and stress caused by the coronavirus will continue for at least several more months and words such as quarantine, contact tracing, asymptomatic testing and vaccine will continue to be part of our everyday vocabulary.

Earlier today, Paul Pettit, public health director for Genesee and Orleans counties, with support from Genesee County Manager Matt Landers and Legislative Chair Rochelle Stein, updated the media on the latest developments and statistics via Zoom videoconferencing.

Pettit touched upon all the buzzwords mentioned above, as well as addressing what could be a new and even bigger problem – an apparently more contagious variety of SARS-CoV-2 (the virus that causes Covid-19) that is spreading throughout the United Kingdom and has been identified in California and Colorado.

“About the strain, what we do know is that it is a lot more infectious, so it spreads a lot easier, which is the concerning part,” Pettit said, responding to a question from The Batavian seeking to know if local health officials have the capacity to test for the variant mutation of the virus. “But what we do know is that it is not any more aggressive or severe – it appears anyways – than the strain that we have been dealing with locally, but that again could change as time goes on.”

Pettit said not much is known about the new strain, but worries that due to the higher level of infectiousness, more people could get sicker at a quicker rate.

New Strain Could Overload Hospitals

“That again is a concern with higher positivity rates and mainly with the stress on our health care system,” he said. “If we have more folks getting infected, specifically more at-risk folks that will be infected, (that will) put a strain on our bed capacity and the ability to deal with those folks who need a higher level of care … and that could lead to a quicker overwhelming of our medical system.”

Pettit said the new strain has not been identified in New York, but "it being in California and Colorado, it's more than likely -- it's just a matter of time before it is identified (in New York)."

"It is being tested for out of Wadsworth (a state facility), so the state lab is looking for this variant," he said. "The 3,000 or 4,000 tests that they've run or analyzed has not shown it yet. We do not have the local ability to look for it in our rapid testing, but we did reach out to Wadsworth to see if they would like us to be part of a sentinel process where we can send them -- or make sure they get samples from around here to test for that variant."

Pettit also talked about the Moderna vaccine – a two-step process that is said to be about 95-percent effective against the virus – and outlined the pecking order, so to speak, of those who will receive it.

Again, responding to a question from The Batavian regarding who comprises the 1B group, which follows the 1A group of healthcare personnel, Pettit said he wasn’t sure beyond “certain essential workers” such as law enforcement and firefighters.

“We have a general idea … but the state has not really fleshed out the details of the 1B group … they want us to focus on (vaccinating) the 1A group,” he said, previously mentioning that the 1B group in Genesee County is estimated at around 13,000 people and in Orleans County at around 9,000 people.

After that, there is a 1C group (with close to the same numbers) and then “bucket 2” or the general public, he said.

Pettit mentioned the procedural challenges once it’s time to vaccinate those in 1B (hopefully in late January) because those in the 1A group likely will be ready for their second shot.

“We need to make sure we're giving that second shot at that four-week mark while trying to vaccinate new people in the 1B group. So, this is where it gets into the complexity and logistical challenges of this vaccination campaign,” he said.

Volunteers Play Key Role in the Process

When asked about utilizing volunteers from the community – namely the Medical Reserve Corps in Genesee and Orleans counties – Pettit said he is open to enlisting as many people willing to help in the testing and vaccination process as possible. Currently, many citizens have stepped up on an individual basis to support the cause, he noted.

“We actually have had one (a Medical Reserve Corps) in Orleans County for many years now and the Genesee County Legislature approved expanding the Orleans County one into Genesee about a year and a half ago,” he said. “Medical Reserve Corps do have an important role to play in medical emergencies.”

Pettit admitted that the local MRS is not “overly robust and populated” but mentioned that Serve New York is the statewide program by which those – especially healthcare workers – can sign up to help out.

“As we need volunteers, we can call up and activate those members who are part of Serve New York,” he said. “They are automatically adopted into our Medical Reserve Corps … and we will be utilizing folks through Serve New York.”

He said that he is hopeful that by the time the campaign is over in “three, four, six months, we’ll have about 200 to 300 people in our Medical Reserve Corps because once we have them captive, we’re going to keep them.”

Other new information shared during the 50-minute presentation:

Current Statistics

Genesee County: 2,374 positive cases; 65,126 negative; 173 active cases in isolation; 489 in quarantine; 29 deaths; 1,854 have recovered, which means they have cleared the 10-day isolation period.

Orleans County: 1,342 positive cases; 34,209 negative; 195 active cases in isolation; 601 in quarantine; 61 deaths (mostly from long-term care facilities last spring); 914 recovered, which means they have cleared the 10-day isolation period.

Regionally (Finger Lakes): The Genesee County seven-day positivity rate is 11.2 percent and 14-day is 11.5 percent. The Orleans County seven-day positivity rate is 9.1 percent and 14-day is 8.4 percent.

Genesee County is higher than most of the region but is leveling off, Pettit said, adding that it could qualify for Yellow, Orange or even Red Zone status, but that Gov. Andrew Cuomo is “pivoting away” from micro-cluster analysis to focus on hospitalization rates.

Vaccination

Pettit said the University of Rochester Medical Center is the “hub” that oversees COVID vaccination in the Finger Lakes Region but that he is part of the task force that will help ensure equitable allocation of the vaccine.

“This is unlike anything we’ve ever seen in New York State,” he said. “The vaccine is flowing – coming in slowly – and we’ll get it to residents as quickly as we can.”

The first group of people – the 1A group – is being vaccinated, with 284 staff members at United Memorial Medical Center already receiving the initial dose.

He said the vaccine is not available to the general public yet and that aspect is under the control of New York State. He noted that those who try to circumvent the system are subject to revocation of their medical license and fines of up to $1 million.

Pettit revealed the number of people who qualify for the vaccine in each of the groups as follows:

Group 1A – 4,892 in Genesee County; 3,421 in Orleans County;

Group 1B – 13,000 in Genesee County; 9,000 in Orleans County;

Group 1C – 13,000 in Genesee County; 9,500 in Orleans County;

Bucket 2 – General public.

Pettit also said that testing will continue in both counties – on Tuesday and Thursday in Genesee and on Wednesday in Orleans – and that contract tracing, while “difficult and challenging,” also is ongoing, but is in the hands of state authorities after contacts are made by local health officials -- a fact emphasized by Stein as she opened the media briefing.

Stein: Stay Safe & Support Local Business

"Genesee County does the initial investigation on positive cases and identifies those who are positive," she said. "The process usually takes 24 hours of receiving a test result."

She said after that state contact tracers handle the cases and that is where the delay comes in -- sometime four to six days.

Stein asked residents to be patient with this process before encouraging them to support local businesses, especially restaurants, while continuing to follow the safety protocols.

Pettit also said the state has changed the 14-day quarantine period to 10 days to line up with Center for Disease Control guidelines.

When asked if the data provides any sense of hope, Pettit said the “hope is the vaccine.”

“Getting folks vaccinated, getting them protected – the most vulnerable. The nursing homes, seniors, those with underlying health conditions – that’s really where we need to focus right now,” he responded. “As we start to get them vaccinated and protected, I think that is going to put us in a whole different position as we start to move forward with risk and exposure potential, which I think is going to move us hopefully to where we need to be.”

Press release:

• Genesee County received 142 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Sixty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the positive individuals are hospitalized.
• Twenty of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility.
• Eight of the new positive cases are residents at the New York State Veterans Home – At Batavia.
• Two of the new positive cases are residents of Genesee Senior Living.
• One of the new positive cases is a resident of Premier Genesee Center for Nursing & Rehabilitation.
• One of the new positive cases is a resident of the Batavia VA Medical Center.
• We are saddened to report the COVID-related death of a resident who resided at LeRoy Village Green Residential Healthcare Facility and a resident who resided at New York State Veterans Home – At Batavia.
• We are saddened to report the COVID-related death of a community resident under the age of 65 years old.
• We will not be releasing any further information to protect the privacy of the individual and their family.  Our deepest condolences go out to the families and friends of these individuals during this difficult time.

​

• Orleans County received 40 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
• Four of the individuals were on mandatory quarantine prior to testing positive.
• Sixteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-one of the current positive individuals are hospitalized.

Genesee County's positivity rate on a seven-day rolling average is 11.5 percent.

The Batavia Town Board this afternoon called for a “timeout” as it attempts to keep up with the changing landscape of the solar farm industry.

During a special meeting via Zoom videoconferencing, the board passed a resolution to hold a public hearing to consider Local Law No. 1 of 2021 entitled, “A Local Law, Establishing a Town of Batavia Moratorium on Solar Energy Systems.”

The public hearing is set for 7 p.m. Jan. 20 at Batavia Town Hall on West Main Street Road.

The board also voted to declare lead agency status with regard to an environmental review per the State Environmental Quality Review Act and will prepare an assessment form for this action.

Supervisor Gregory Post said that several key changes have taken place since the board passed the town’s solar ordinance five years ago.

“This is something that probably was going to be addressed during the course of the past 2020 year along with a revisit to our comprehensive plan and other things that were budgeted in our planning budget,” Post said. “We continue to work to be an energy efficient community – and have received a lot of grant money as a result – but so much has changed and now is the time for a review.”

Post pointed to the following aspects pertaining to community and large-scale solar projects that must be considered:

• New York State Article 10

“In my opinion, solar farms also serve as an ag protection plan in that the ground remains fertile and available for farming in the future,” he said. “But now, New York State has jumped in with Article 10 and started taking over towns' rights.”

He said that “giant corporate entities” are taking thousands of acres without local participation or control, specifically mentioning huge projects in Byron, Oakfield and Elba.

“I’ve also talked to the Town of Le Roy Supervisor (James Farnholz) and he was expressing some frustration in that they had spent an enormous amount of time and energy to come up with a solar law, only to have the governor and the state change it almost on the same day they were prepared to adopt it,” Post offered. “And it caused them to have to go back and revisit it.”

The supervisor said there’s much to learn about Article 10 (and a new state regulation to replace it).

“That’s another reason to hold things up until we all are better understanding of the Article 10 process and the changes to Article 10, and the experiences of other communities that are in Article 10,” he said. “Planning and zoning board members need to be educated about this stuff because it is a big deal and it is bound to be more time consuming than expected.”

• Building More Than What is Needed

Post said the recommendations of so-called experts has led developers to “overbuild capacity.”

“They’re building solar and wasting energy because the price to develop solar now is so cheap … instead of building what you need, they build 130, 150, 200 (megawatt) -- maybe three times what you need, and if you don’t have a place for it, that’s all right because it’s cheap to build,” he said. “That wasn’t the thinking five or six years ago.”

• Battery Storage

Post said the advancement in battery stations likely have expanded the solar farm feasibility map.

“At the outset, we were comfortable that there would be very few places available for solar development because of the need for the connectivity to part of the grid that was able to handle the output,” he explained. “There was essentially a limitation on the number and locations of solar because National Grid’s network wasn’t able to connect all these farms – it had to be where there was capacity and those places on that map were limited.”

Now, Post said that he and the town’s engineering staff suspect that the mapping has changed.

“With these battery things, maybe you can store it up and feed it back in little bits and quantity. So, we have to address it,” he said.

• ‘Hidden’ Costs to Municipalities

Post said increasing administrative costs are cause for a discussion about whether a tax should be imposed upon solar farms, which (to varying degrees) already are subsidized by tax dollars. Currently, the town does not tax property owners who are leasing land for solar.

“Again, five years ago we didn’t expect there would be any cost to service a solar farm. They got a driveway cut, and they don’t request any services from the town. There’s no need for police or fire or highway or water or sewer. Essentially, it’s like driving past a field of alfalfa – there’s nothing there. So, we weren’t looking to exploit that because we didn’t anticipate any costs,” he said.

Today, the town is “really seeing how expensive the administration of these applications is – with the engineering review and the decommissioning bonds and our attorney’s fee, and just the overall cost of the community’s resources because we are stretched thin,” he advised.

Post said he had no opinion either way but sees the need to get people to the table to look at the cost issue.

He said the moratorium will not affect solar projects that are in the pipeline – it should be noted that the town has permitted numerous solar farms thus far – and that “anything new coming in can wait 90 days or so.”

“Once the public hearing is held and we pass the moratorium, hopefully we will have more public participation … and hopefully we will be in a better place with COVID and have a better idea of our revenues,” he added.