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A community survey conducted by the Le Roy Police Department came back with some pretty high marks in terms of “overall satisfaction.”

The village police force received an average grade of 8.5 out of 10 in response to the question, “How would you rate your overall satisfaction with the Le Roy Police Department? (1 star being poor and 10 stars being exceptional).”

The survey was conducted in conjunction with the department’s Police Reform and Reinvention Collaborative, the 15-member committee formed in compliance with Gov. Andrew Cuomo’s Executive Order No. 203 on policing policy and procedure improvements.

It was available for village residents and nonresidents over a three-week period, ending on Nov. 13, and was posted on the department’s Facebook page, Town of Le Roy website, and digital edition of the Le Roy Penny Saver.

“Our goal was to receive between 75 and 100 responses and we were pleased to get back 105,” Police Chief Chris Hayward said. “While most may consider the response rate low, they did provide some valuable feedback for us going forward.”

Stating that “overall, we were happy with the results,” Hayward mentioned a new foot patrol program that took hold after initial negativity.

“During the early stages of (the COVID-19) lockdown last spring, I instituted a foot patrol in residential neighborhoods and after some early concern from residents – asking ‘why are the police walking around near my house?’ -- the program was very well received and there were multiple responses from people wanting to see us continue that program,” he said.

About 66 percent of the respondents said they live in the village, with 9.5 percent stating that they own a business in the village.

Ninety-eight percent identified themselves as white or Caucasian and 53 percent said they were females. Thirty-one percent were in the 55-64 age range, with 21 percent in the 45-54 group and 17 percent in the 25-34 group.

Some highlights of the survey are as follows:

• Sixty-two percent of the respondents said they “strongly agree” and another 29.5 percent said they “agree” that the Le Roy Police Department is visible to the public;

• Eighty-three percent said they either “strongly agree” or “agree” that Le Roy police officers act professionally in carrying out their duties;

• The department received an overall rating of 8.38 stars out of 10 for “competency” and 85 percent of the respondents “strongly agreed” or “agreed” that its officers were approachable for any and all related police and community services;

• Fifty-five percent said they feel “very safe” and another 31 percent said they feel “safe” walking in the village at night;

• Twenty-six percent responded that drugs and drug-related issues are the greatest public safety threat in the village, followed by traffic-related issues at 16 percent and politics/government at 11 percent;

• Quick response times, community engagement, professional approach and high visibility were what respondents “liked best” about the department. As far as what needs to be improved, most did not offer a suggestion, but of those who did, officer retention and more officers were the top priorities;

• Eighty percent responded that the department conducts its services in an unbiased and nondiscriminatory manner.

Batavia City School District Superintendent Anibal Soler Jr. today said that multiple factors came into play in his decision to restrict instruction next Monday and Tuesday to 100-percent virtual remote learning days for all students, except those who attend classes at the Genesee Valley BOCES campus on State Street.

“It’s a combination of things,” Soler said. “Erie County went 'Orange' (a COVID-19 level, which is part of Gov. Cuomo’s micro-cluster zone structure) and so a lot of our employees live in Erie County, which sometimes impacts our ability to get quality substitutes, and it impacts our ability to get substitute teachers in general as there has been a shortage of substitute teachers.”

Soler said several students and staff members are finishing their days in quarantine, “so that also impacts us from having some in-person. We also have a growing number of cases in the region and in the county, so that was another variable that I looked at as well.”

And there’s the close contact piece, even if you’re not infected, he said.

“If you’re exposed to somebody for 60 minutes … you get deemed as close contact and you have to quarantine,” he explained. “And then we just have anybody who just feels ill – a headache, or sniffles or don’t feel well and can’t come into work; just regular absences.”

He said considering all of that, leadership determined to have no students in any of the district building on the two days prior to Thanksgiving.

“Hopefully, this will allow kids and families to have a good holiday without having more kids in quarantine or more positive cases coming up,” he said. “It’s just preventative. We’re still having remote instruction, and our kids are used to that model since they’re in that model every other day – with the hope that we go back to normal on the 30^th.

A letter to district families concerning this change can be found on the school’s website.

Update, 1:30 p.m., with comments from Andrew Young:

"The justice position alllows me to continue to serve in a different capacity. It's something that I've always wanted to do at some point ... but the opportunity arose and it just seemed to make sense now," he said.

"From the legal perspective, I'm going to start an intense training program for the things that I don't know. But I think, more importantly, for this position, it's more about sound judgment and the right attitude than it is legal proceeding knowledge. There is plenty of assistance and support out there, I would guess that every town judge in the state -- 99 percent of them -- is not a lawyer, so they have a good program to train you and help you understand, procedurally, how to do things."

Young said he is looking forward to a new challenge, adding that he is confident that someone will be able to step into the legislative role.

"I'm really proud of the service that I have provided (as a legislator)," he said. "One thing is sure, my heart was in it, and was passionate about my opinions of how things should go."

--------------------

Andrew Young is stepping down from the Genesee County Legislature to accept the Batavia Town justice position.

The Batavia Town Board, at its meeting on Wednesday night via Zoom videoconferencing, passed a resolution appointing Young, 51, to the bench as a result of the resignation of current Town Justice Michael Cleveland, effective Nov. 27.

Young’s term will run through Dec. 31, 2021. The annual salary is $28,000.

The town board also passed a related resolution that adds Young’s name and new title to the document, “Town of Batavia Official Undertaking of Municipal Officers.”

Young has yet to respond to a telephone call and emails from The Batavian, which received the following notice from Assemblyman Steven Hawley last night about the vacancy*:

Individuals interested in possible Republican endorsement to fill upcoming vacancy on Genesee County Legislature, District 4, Towns of Batavia & Stafford should submit letter of interest & resume to: shawley@smhawley.com & staffordny.gop@gmail.com. No later than 11/28 @ 5 p.m.

Legislature Chair Rochelle Stein, contacted by telephone, said she respected Young’s work as the representative of the towns of Batavia and Stafford. Young also is the chair of the Public Service Committee and is the legislative liaison to the Genesee County Economic Development Center.

“I am grateful for the opportunity to have worked with him and to know him,” Stein said. “His viewpoints as he served as a legislator, I truly valued. I am happy to consider him a friend due to serving in local government, and I wish him all the luck.”

Stein, who said that she expects that the legislature will be receiving a resignation letter from Young in the coming days, said that Young “demonstrated a leadership that will be missed.”

Young, owner of Reliant Real Estate in Batavia and a real property owner/manager, has served on the governing body since Jan. 1, 2014. His current term runs through Dec. 31, 2024.

Previously, he was co-owner of Pakhound Parcel Logistics and P.W. Minor Shoe Factory.

*Editor's note: We posted Hawley's solicitation solely for Town of Batavia Justice applicants on Nov. 3:

GOP candidates wanted to serve as Justice of Town of Batavia Court, Cleveland resigns

Some late changes to the 2021 Genesee County budget require using a bit more of the municipality’s fund balance, but they won’t affect the property tax levy or tax rate, County Manager Matt Landers said this afternoon.

The county legislature’s Ways & Means Committee forwarded resolutions to both amend and adopt the $143,204,679 All Funds spending plan and to finalize the tax levy at its next full meeting on Nov. 23.

Per the resolution, the budget as presented and amended calls for $31,451,727 to be raised by property taxes – an increase of $400,069 from 2020 – and a tax rate of $9.80 per thousand of assessed value.

Landers said that $2,407,767 is being appropriated from the fund balance to help get the tax rate to that figure, which is 31 cents less than the 2020 tax rate. The fund balance amount is $607,732 more than what was allocated in 2020.

The county’s General Fund budget figure is at $110,276,137.

Landers mentioned the major changes to the budget, which were implemented after a final review by management and departmental leaders.

“Most of the budget changes are due to a recent contract settlement with our AFSCME (American Federation of State, County and Municipal Employees, AFL–CIO) union, which represents the highway and facilities management employees,” he said. “My proposed budget had the costs sitting in the contingency account, but since we settled the contract we are going to move the funds into the appropriate departmental lines.”

Landers said that some costs in the mental health budget were under-budgeted as officials attempted to gauge the decrease in reimbursements from New York State. Additionally, changes were made on both the revenue and expense side in the public defender’s office in light of the county’s five-year plan.

“We are utilizing additional fund balance in the 2021 budget to cover this. The changes don’t impact the tax levy or the tax rate at all,” he reported.

Ways & Means Committee Chair Marianne Clattenburg thanked Landers and his team for conducting “a very smooth budget process considering the times that we’re in.”

“I appreciate the give-and-take from everyone and I think we did a good job with this budget,” she said.

The committee also set a public hearing for 5:30 p.m. Dec. 9 on a local law to approve the salaries of county officers who are elected or appointed for a fix term in accordance with a section of the Municipal Home Rule Law.

The salaries of these officers, which will take effect Jan. 1, are as follows:

• Commissioner of Elections (2) -- $49,761;
• Highway Superintendent -- $115,110;
• Director of Real Property Tax Services -- $66,385;
• Director of Human Resources -- $80,050;
• Commissioner of Social Services -- $89,319;
• Public Defender -- $103,453;
• County Attorney -- $127,845;
• County Clerk -- $97,862.

In another development, the committee reappointed Richard Siebert of Stafford as Genesee County Republican Election Commissioner for a three-year term, effective Jan. 1.

Legislators commended Siebert, Democratic Election Commissioner Lorie Longhany and all those who worked during the recent election for a job well done as they dealt with several changes to the system while adhering to COVID-19 guidelines.

Press release:

New Positives – As of 2 p.m. 

• Genesee County received 17 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Darien, Elba, Le Roy and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
  • None of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of (all) positive individuals are hospitalized.

• Orleans County received nine new positive cases of COVID-19.
• The new positive cases reside in Barre, Carlton, Clarendon, Murray and Ridgeway.
• The individuals are in their 0-19s, 40s, 50s and 60s.
• Three of the individuals were on mandatory quarantine prior to testing positive.
• Six of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the positive individuals are hospitalized.

******************************************************************************************************************************************************************

Restrictions Currently in Effect (as of Nov. 13)

Bars, restaurants and gyms, as well as any State Liquor Authority-licensed establishment, must close in-person service from 10 p.m. to 5 a.m. daily.

• Indoor and outdoor gatherings at private residences will be limited to no more than 10 people. 

Faith-based Organizations

Consider continuing or reinstating remote worship due to increased numbers of positive COVID-19 cases to protect your more vulnerable population.

For those who are at risk of complications for COVID-19 or the flu, consider to connect with your house of worship remotely to lessen the risk of contracting COVID-19 or the flu.

If you are sick or experiencing new symptoms, STAY HOME and worship remotely. Don’t share your germs with others.

Time-Distance-Masks-Hands!

In order to limit the spread of COVID-19 you need to rethink any upcoming gatherings. The more time you spend with nonhousehold members, the more at risk of spreading the virus and putting our counties in a micro-cluster which will increase restrictions. Even small gatherings have the potential to have an impact on our hospital systems as we are seeing an increase in hospital admissions and ICU admissions. Limit time with nonhousehold members…Keep at least 6 feet or more…Properly wear a mask/face covering over your nose and mouth…and Wash your hands frequently with soap and water or 60-percent alcohol hand sanitizer, as well as sanitizing frequently touched surfaces/items.

Gathering Size

According to Governor Cuomo’s Executive Order 202.45, all nonessential gatherings of up to 50 individuals of any size for any reason at venues (celebrations, weddings, or other social events at public facilities or private venues) unless otherwise designated (ex. religious gatherings), are now allowed for those regions in Phase 4.

So long as appropriate social distancing, wearing cloth masks/face coverings over their mouth and nose, and cleaning and disinfection protocol requirements are followed. With the recent uptick of individuals testing positive and the stricter guidance placed by the Governor, it is important to remember that those who plan and host nonessential gatherings (whether at a venue or a private residence) as noted above, can be fined up to $15,000, and/or cause our counties to be considered a micro-cluster which will place the area under stricter restrictions.

Micro-clusters: The initiative will take the most significant action within the cluster (Red Zone), moderate action in the area surrounding the cluster to stop the spread (Orange Zone), and precautionary action in the outlying communities (Yellow Zone). To learn more about the Cluster Action Initiative go to https://forward.ny.gov/ny-forward.

Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.

Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.

Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class  E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.

Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.

Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.

Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.

Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.

Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.

Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.

Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Richard A. Dekenipp 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 July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.

Neither Sheriff William Sheron nor Batavia Police Chief Shawn Heubusch intends to have their officers knocking on doors of private residences to see if people are violating a Gov. Andrew Cuomo executive order that prohibits gatherings of 10 or more people.

They both do, however, expect people to be reasonable and responsible and avoid large gatherings in response to the uptick of COVID-19 cases locally.

Cuomo's order, in advance of Thanksgiving, a traditional time for extended families to gather together to celebrate the holiday, has drawn criticism throughout the state.

Both Sheron and Heubusch cited the constitutional prohibition against unreasonable searches.

Heubusch said city police officers will respond to complaint calls as normal and conduct any interaction within the requirements of local, state and federal laws.

Sheron was more openly critical of the governor's order, questioning its constitutionality and suggesting Cuomo would better serve the people of New York by encouraging residents to be cautious and use good judgment.

Sheron's statement:

We are not encouraging people to have large gatherings in their homes. I want citizens to use their own best judgment and remain safe. We do not have the resources, nor the inclination, to peep into private residences to see how many people are at the dinner table.

The Executive Order raises serious Constitutional questions. Serious issues about the right of people to privacy in their homes, the right to be free from warrantless searches, the right to assemble, the right to freedom of religious practice, the right to equal treatment under the law, and the right to have criminal conduct clearly defined by law are all implicated by the Governor’s Executive Order.

I think that, rather than issuing orders, which are, at best, impossible to enforce, and, at worst, unconstitutional, the Governor would serve the People of New York better if he used his bully pulpit, not to do more bullying, but rather to encourage our citizens to be cautious, use good judgment in weighing risk factors, protect the vulnerable, and enjoy our families and our great gathering traditions only in ways that are safe until we can get back to normal. 

Heubusch's statement:

The City of Batavia and the Batavia Police Department want to remind the public that we are currently living through a global health crisis and ask everyone to do their part to help stop the spread of COVID-19. That includes celebrating responsibly with family and friends during this holiday season. We are confident that the residents of the City of Batavia will do your part to keep you, your family and your neighbors safe. The Executive order does not alter any Federal or State laws with reference to search and seizure restrictions, therefore the Police Department will respond to call for service as we have in the past and execute our duties within the bounds of Federal, State, and Local laws. The City Police Department will continue to respond for calls for service in the normal course of business to keep our families and residents safe.

      Michael Tomaszewski

Michael S. Tomaszewski, already facing multiple felony charges for allegedly misappropriating money from customers, has now officially been accused of mishandling the remains of an Army veteran in 2018.

Tomaszewski has been charged with offering a false instrument for filing and also of violation of Public Health Law 4200 for allegedly not burying a dead person's body within a reasonable period of time.

Peter Vandetta, a 20-year Army veteran, died in April 2018. Coroner Jeff McIntire fielded a complaint from the estranged stepdaughter of Vandetta in January 2019 about the whereabouts of Vandetta's remains.

The Sheriff's Office then became involved in the investigation.

It's alleged that Tomaszewski stored the body for 264 days at his facility on West Main Street, Batavia, from April 2018 to January 2019.

Tomaszewski also filed a death certificate indicating the body was buried at a specific cemetery on a specific date. It's alleged that information was not truthful. 

The Sheriff's Office said in a release today that Vandetta's remains did subsequently receive a proper burial.

Tomaszewski was issued an appearance ticket for both charges. He is scheduled to appear on the charges in Town of Batavia Court on Dec. 3 and Town of Oakfield Court on Dec. 7.

In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. He faces more than 100 criminal charges.

Tomaszewski and his company Acme Holdings are in the midst of federal bankruptcy proceedings and his former funeral home property and catering facility are for sale.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

The City of Batavia Planning & Development Committee on Tuesday night saw no problem with a change in the location of an elevator that will lead to second-floor apartments of the Ellicott Place project.

V.J. Gautieri Constructors Inc., which is rehabilitating the Save-A-Lot building as part of the state’s Downtown Revitalization Initiative program, submitted a site plan review to the committee that modifies the previously approved design of the second floor by moving the elevator originally planned for the interior of the existing building to a location on the exterior wall of the north elevation.

Company President Victor Gautieri, in his submission to the committee, said the basis for the change was “to develop a more easily accessible, safe entry for the second-floor apartment tenants, wherein the travel distance and corridor turns to the first-floor elevator access point would both be reduced to a more desirable condition.”

Work is underway on the $2.3 million renovation of the exterior of the building and the vacant space that will include 10 market rate apartments on the second floor.

Plans call for the construction of seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor, and includes the development of 18,000 square feet of first-floor commercial/retail space.

The PDC also recommended that the City Zoning Board of Appeals approve an area variance request for internal illumination of the proposed Save-A-Lot signs – four signs that will feature the grocer’s new logo. Signs by John’s Studio has been contracted to create the signs.

The ZBA meeting is scheduled for 6 p.m. Thursday.

Press release: 

New Positives – As of 2 p.m.

• Genesee County received 20 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Darien, Elba, Le Roy, Oakfield and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • Fifteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of the positive individuals are hospitalized.
  • Two of the previous positive individuals were transferred to another county. This has been reflected in our PUI numbers.
• Orleans County received 10 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Clarendon, Shelby, Murray and Ridgeway.
  • The individuals are in their 0-19s, 20s, 30s, 60s, and 70s.
  • Three of the individuals were on mandatory quarantine prior to testing positive.
  • Eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Four of the positive individuals are hospitalized.

Joseph Allan Dean, 37, of Stringham Drive, Batavia, was arrested by the Genesee County Local Drug Task Force and members of the Batavia Police Department on Nov. 6. A Genesee County Court indictment warrant was issued for his arrest. According to the warrant, he is charged with two counts of criminal sale of a controlled substance in the third degree, a Class B felony, and two counts of criminal possession of a controlled substance in the third degree, also a Class B felony. His arrest concluded an investigation into the transportation, sale and possession of cocaine in and around the City of Batavia. At the time of his arrest, Dean was allegedly found in possession of cocaine and other controlled substances. He was additionally charged with: criminal sale of a controlled substance in the third degree with intent to sell, a Class B felony; criminal possession of a controlled substance in the third degree; possession of a narcotic drug -- one half ounce or more, a Class B felony; criminal possession of a controlled substance with intent to sell, a Class D felony; and two counts of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Dean was arraigned in Genesee County Court and Batavia City Court and then released on his own recognizance. He is due back in court on Dec. 7. The Genesee County District Attorney's Office assisted in the investigation.

Kyle Douglas Clark, 30, of Fletcher Street, Tonawanda, is charged with second-degree harassment -- physical contact. At 1:30 a.m. on Nov. 15, Clark was arrested on Park Road in Batavia. It is alleged that Clark physically abused a staff member after an altercation at a hotel on Park Road. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicolas Chamoun.

Toby Matthew Cappotelli, 39, of Beadle Road, Brockport, is charge with: Felony driving while intoxicated; felony DWI with a BAC of .18 percent or more; moving from lane unsafely; aggravated unlicensed operation in the second degree; and open container of alcohol in a motor vehicle; and speed not reasonable and prudent. He was arrested at 4:42 p.m. on Nov. 16 on North Street Road, Le Roy, after an investigation into a single-vehicle accident. He was issued traffic tickets returnable to Le Roy Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Update: 5:15 p.m. Tuesday:

Assemblyman Steve Hawley weighed in on this situation, calling it "shameful" that the state is holding these funds that are "earmarked and due to our counties to be used for public safety locally."

Hawley said he sent a letter to Gov. Cuomo on Oct. 20 asking him to release all funds for the PSAP Operations and SICG initiatives that were authorized through the 2019-20 fiscal year budget and "ensure that future authorizations are released in full in the budget year they are appropriated."

"It’s similar to the governor withholding funds for snowmobile trail maintenance and grooming," Hawley said today. "These funds have nothing to do with the state, and they are not tax money."

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Did you know that New York State collects $1.20 every month as a public safety communications surcharge on your cell phone bill?

Maybe not, but Byron resident Steven Sharpe of Byron is aware of it and he believes that it’s time for Gov. Andrew Cuomo to release the millions of dollars in grant funding set aside for dispatchers and first responders to perform their jobs to the best of their abilities.

“I am surprised that during a pandemic Governor Cuomo is not releasing PSAP Operations (9-1-1 Center) or Statewide Interoperability Communications Grant funds, but instead we are spending $11 million on car charging stations,” said Sharpe, referring to a Nov. 12 article on The Batavian about the state’s plan to underwrite a network of fast charging stations to support wider adoption of electric vehicles.

Sharpe said the PSAP Operations grant is $10 million spread across all county 9-1-1 systems statewide, and the SICG is $45 million statewide to fund public safety radio system maintenance and upgrades for first responders, such as police, fire, emergency management services, hospital ambulance staff and county health departments for use at COVID-19 testing stations.

“New York State is claiming they can't release the grant funds because of budgetary crunches, but the revenues for these grants come from the $1.20 they collect from every cellular device on your monthly bills,” Sharpe said. “Those revenues are still being collected by the state; they are just not distributing the money according to the law.

The law that Sharpe referred to is the New York Consolidated Laws, Tax Law, Section 186-f regarding the public safety communications surcharge.

Per the law, the surcharge of $1.20 – actually a user tax – is imposed on each wireless communications device in service during any part of the month. This surcharge is reflected on the monthly bill.

Paragraph (c) of the law stipulates that up to $75 million of the money collected from this surcharge is to be used for support public safety communications systems and first responders.

The $10 million PSAP Operations grant and $45 million SICG are funded from this stream of money, according to Sharpe, who added that officials of the New York State Association of Counties, New York State 9-1-1 coordinators, and New York State Emergency Management Association have sent letters “pleading with the governor to release these funds.”

“This is a bipartisan issue – not a Republican, Independent or Democrat issue -- but it seems to be going nowhere,” Sharpe said.

Sharpe said the state is taking in more than $200 million annually from the surcharge, with only about 30 cents of the $1.20 being used to fund the grants. He said that this pool of money is separate from funds earmarked for the state’s general budget and that Albany has no legal right to divert it.

He said that the NYS 911 Coordinators Association (of which he is a member) applauds the Federal Communication Commission’s inquiry into New York’s fee diversion practices.

In its letter to the FCC, association officers wrote that the state “diverts critical revenues away from organizations that perform lifesaving work into the General Fund with no accountability as to how the revenues are spent or allocated. Past requests using Freedom of Information Law have yielded little information as to how the State uses funds taken from consumers.”

Sharpe said that the money is needed now, more than ever, with COVID-19 continuing to make its presence felt in society.

“As much as people want to say that COVID hurt us, COVID did not hurt this revenue stream,” Sharpe said. “COVID may have increased this revenue stream because more and more people are using online services and cell phones now to get to work and for work. Local surcharge revenues have not dropped off at all during the pandemic.”

He said the law requires this money to be used for a specific purpose and that the state is not following its own statute.

“What are they doing with it? Perhaps they're making interest on it or they’re paying their other bills, but that’s not what the law says they’re supposed to do with the money,” he said. "Honestly, no one knows what they're doing with it." 

The law was enacted to not only fund public safety communications but also to help counties with their budgeting process, Sharpe said.

“It’s based on the number of users on the system. So, this actually helps local taxpayers and local municipalities stay under the tax cap,” he said. “If Cuomo doesn’t release these funds, where does the shortfall come from? It has to come from the county’s general fund, or worse, the county can say we can’t do things.”

Previous story: Cuomo announces funds to build fast charging stations, first-round applications due by Feb. 18

Implicit bias is, according to dictionary.com, a predisposition that results from the tendency to process information based on unconscious associations and feelings, even when these are contrary to one’s conscious or declared beliefs.

That concept has been widely discussed and analyzed in recent weeks in the context of social justice and policing, and it came up tonight during a meeting of the Genesee County Police Reform and Reinvention Collaborative via Zoom videoconferencing.

Laura Williams, a Social Studies teacher at Elba Central School and committee member, asked Sheriff William Sheron if his department is doing anything to address implicit bias.

“As part of being a teacher, I feel like I have very open blinders and I have for many years, and since March, I have been doing a lot of reading about this movement of Black Lives Matter and police force … (and) one thing that I dove very deep into is this notion of implicit bias and it really opened my eyes, even though I thought my eyes were very open about this notion of implicit bias,” Williams said.

“Is there any more training that you’re doing with your staff and everybody in your department to revisit again this idea that we all have this bias and we all need to reimagine everything the way that we address every single issue that we’re handling?”

Sheron, after noting that Julie Carasone, another committee member, did a presentation for county management people on bias, said that “is an area where we could definitely use more training.”

Mandatory Training in the Works

“The officers do receive training in the basic academy … and there’s really not much follow-up to it. So, we have mentioned that as one of the things – and I am sure the Division of Criminal Justice Services, through the Municipal Police Training Council, is going to make that a mandatory in-service training, probably on an annual basis,” he said. “It’s absolutely an area we need to focus on as we move forward.”

He then mentioned systematic racial bias, stating that although he had no studies specific to Genesee County to report, he didn’t think his agency has the “degree of issues that maybe your inner city or your larger city departments have.”

“I think that not only the Sheriff’s Office but the Batavia PD, Le Roy PD – we’re very well supervised and scrutinized, and quite frankly, officers don’t put up with that.”

Still, he said he believes that increased awareness and education regarding implicit and racial bias should be part of ongoing in-service training.

Williams commended Sheron on running a department that has taken steps to foster community relationships.

“I have been having those conversations with friends of mine in Le Roy and in Elba, where I work, that the reason that it is so difficult for many of us in Genesee County to grasp the conflicts going on across the country is because, I think, we really don’t have this enormous issue with our police force and our Sheriff’s department,” she offered.

Very Few Complaints Against Officers

Sheron said he has received very few – “seven or eight this year,” he said – complaints about officer behavior and very few, if any, about excessive force.

On interaction with the public, he acknowledged that there is always room for improvement.

“Some officers have a very good demeanor with the public; some officers can use improvement,” he said. “Again, it’s give-and-take. You give respect; you get respect. But even if you don’t get that respect, you (police officer) still have to be professional and just do your job.”

He said complaints are dealt with immediately.

“We have a complaint form that is given to the individual to file a complaint and we start looking at the body cam video right away. We do not accept performance by an officer that is less than par,” he said.

Rachel Gelabale, international student at GCC and committee member, asked about the Sheriff’s Office’s interaction with the community through activities and events, particularly a shopping day with kids around the Christmas season.

“Yes, we do. That’s called Shop with the Cop,” Sheron said. “We’ve always hooked up with Walmart to do that for the kids. Unfortunately, from what I’m being told, this year Walmart will not be taking part in that.

Program for Needy Kids is on 'Target'

“However, Target has a program that they have started, called Stuff the Cruiser, and each of the police agencies here in Genesee County will have a patrol vehicle out in front of Target and individuals can buy toys and so forth for the needy here in the county and we will distribute them.”

Tonight’s meeting also touched upon de-escalation training and practices, and law enforcement assisted diversion programs.

Sheron said his department doesn’t have a de-escalation policy, but refers to guidelines in the use of force policy.

“I believe the DCJS and MPTC is going to come out with a mandatory in-service training for a year,” he said. “We do go through a use of force training every year in conjunction with our firearms training.”

The ability of deputies on road patrol to bring a situation under control is vital to successful police work, Sheron said.

“Genesee County is very rural and our patrols are spread thin. It’s well known and accepted by our officers out there on the street that they better be able to de-escalate because their backup may be 15 to 20 minutes away. And they’re very good at it,” he said. “I always say you’re going to do more with your mouth than you’ll do with your fist. They need to talk. They need to communicate with people.”

He said his agency will be forming a de-escalation policy after receiving a model policy from New York State.

“As an accredited agency, it’s much easier to follow exactly what they want us to do and the boilerplate they give us to work with than to try and reinvent the wheel,” he said.

A Model for Restorative Justice

Genesee Justice has been a model for restorative justice and diversion for many years, and continues to play a huge role in the community, said Catherine Uhly, the agency’s director.

Uhly outlined through PowerPoint slides the various components of the program that utilizes community sectors to ensure that the victim is heard and the offender has a chance to make amends, in most cases, without being incarcerated.

“You’re giving the voice to the victim, you’re giving the offender some accountability for what they have done, but you’re also giving them some competency development,” she said. “Our program is not just punishment … go to jail and you get out. Our programs try to develop some competency in the offender so they go on in their lives and do not recommit crimes. And encompassing it all is community safety.”

Uhly said Genesee Justice currently is working with 439 victims, including a large group affected by a breach-of-services case of a local funeral home director.

Genesee Justice also is working with 127 people in the DWI Conditional Discharge program for first-time offenders, 60 people in the Released Under Supervision and another 25 in the Pre-Trial Release programs (both alternatives to jail time) and 49 people in Ignition Interlock Supervision that aren’t part of DWI Conditional Discharge.

Community service is a longstanding part of Genesee Justice, with 165 offenders -- including those in the DWI Conditional Discharge track -- currently performing volunteer hours at nonprofit organizations throughout the county.

Uhly said GJ has a “high success rate” when it comes to those not violating while under supervision, but she did not have statistics on the rate of re-offending after completing the program.

When moderator Robert Bausch asked for some suggestions about how police officers can improve community relations, the subject of school resource officers came up.

SROs Forging Positive Relationships

“I think that is one of the big things with the SRO program,” Sheron said. “The relationships that we have made in the schools … sometimes you have to lay the law down, but more often than not, the relationships that we have made with the children are just phenomenal.

“They look up to the police officers again and they recognize that we are human beings and that we have families, too, and that we have made mistakes in our lives – and there’s really nothing we can’t get through if we all work together.”

He said all schools except Elba have SROs, and he speculated that cost could be a contributing factor in that district’s decision to not have one.

That prompted Williams to express her opinion on the matter.

“I work at that school and I think that that is part of it, but I also think that there’s a whole other aspect that’s sort of along the lines of what we are talking about here,” she said. “I think there are two methods of approaching this and bridging the gap between officers and, in this case, kids.

“… I think there’s a whole other audience we need to tap into as well. I think that there are some people who are hesitant to bring officers into a building for fear of scaring kids rather than acclimating kids to the positives that can come out of having an officer more directly in their lives. I’d be willing to help you with that.”

Sheron said he would appreciate any help.

“What you said, yes, I have heard that,” he said. “I was hoping that the SRO pretty much sells itself -- once you get the officer in there and they see what a good service it is, and how much the kids really enjoy it. And there’s the safety factor also.”

The group’s next meeting is scheduled for Dec. 7, with discussion expected to revolve around restorative justice practices, community-based outreach and conflict resolution, and problem-oriented policing.

         Marquise Lee

A Rochester man swept up in a drug bust on Liberty Street in March that led to the arrest of himself and four other people, along with the seizure of 56 bags of crack cocaine, avoided further jail time in his sentencing today in Genesee County Court.

Marquise Lee, 36, had been charged with criminal possession of a controlled substance third, a drug-dealing charge.

After his guilty plea over the summer, he was placed on interim probation. His success in that program, along with ongoing employment in his father's construction business, and his care for his children during their in-home studies during the coronavirus pandemic helped nudge Judge Charles Zambito toward a probationary sentence.

First Assistant District Attorney Kevin Finnell asked the judge to follow the Probation Department's recommendation and give Lee six months in the Genesee County jail.

The ongoing pandemic also seemed to factor into Zambito's decision.

"Quite honestly, I have to be careful about who I put in jail here these days," Zambito said. "It shouldn't sway the decision. It shouldn't be that way but I guess I'll give you the benefit of the doubt and give you a chance to prove you deserve probation. 

"I remember you told me before that you didn't sell drugs, that you were just there and you didn't know what was going on," Zambito added. "That doesn't make sense to me. You admitted it (when Lee pled guilty). I hope you are helping out with your wife and kids and doing whatever you can to lead a law-abiding life. You don't need to be in jail but we don't need you selling drugs."

Lee was adjudicated a second felony-offender because of a 2017 DWI conviction.

As part of his plea deal, Lee agreed to forfeit $659 in cash recovered at the crime scene. The money will go to the Sheriff's asset forfeiture fund. 

On his five-probation sentence, Lee was given credit for the seven months he served on interim probation. He also previously served 31 days in jail on the charge.

He was also ordered to have no communication with his codefendants, Angela R. Bateman, Nikki L. Stonebraker, Joseph T. Burr, Derek E. Wilcox.

"You're not to be around them," Zambito said. "They will only get you into trouble."

At the end of the sentencing, Zambito transferred Lee's case to the Monroe County Probation Department.

New Positives – As of 2 p.m. 

• Genesee County is reporting 78 positive COVID-19 cases that includes Friday, Saturday, Sunday and today. This reconciles the positive cases from last week, including the 30 reported on Friday.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield, Pavilion, Pembroke and Stafford. 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s 70s, 80s, and 90s.
  • Nine of the individuals were on mandatory quarantine prior to testing positive.
  • Thirty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Five of the positive individuals are hospitalized.
  • Two of the active positive cases are residents from The Grand Rehabilitation and Nursing at Batavia, and one is a resident at the Batavia VA Medical Center. 

• Orleans County received 25 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Clarendon, Carlton, Gaines, Shelby, Murray, Yates and Ridgeway.
  • 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.
  • Eighteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Six of the positive individuals are hospitalized.
  • The Health Department has received word of two residents of The Villages of Orleans Health and Rehab testing positive. No further information will be shared.
  • The Health Department has received word that one staff member of the Medina Central School District has tested positive. The individual is on mandatory isolation until they recover. Contact tracing has been done for those who are considered close contacts and will be on mandatory quarantine for 14 days from the last contact with the positive individual. 

Click here to view the Genesee and Orleans County online map of confirmed cases.

A reminder the numbers listed as positive/active are current community cases. The recovered numbers are only for community cases and do not include non-county regulated facilities. The total positive cases includes community active/positive, community recovered and all those from non-county regulated facilities.

The Genesee County Legislature’s Public Service Committee this afternoon approved the acceptance of a $758,980.80 bid by Concrete Applied Technologies Corp. of Alden – one of 12 bids submitted to Highway Superintendent Tim Hens – to replace the Upton Road over Bowen Creek bridge in the Town of Batavia.

Due to COVID-19 precautions, the meeting was held remotely via Zoom videoconferencing.

In a highly-competitive bidding process, CATCO’s bid was just $650 less than the next lowest bid, Hens said, adding that he is aware of the company’s solid reputation.

“We have never worked directly with them but they have been involved with the City (of Batavia) on a few projects,” he said. “They did the Main Street project about 20 years ago and they have a very good reputation. They’re a well run company and they do a lot of work in Buffalo and Rochester.”

According to the resolution that was voted upon, 95 percent of the cost will be covered by federal aid with the remaining 5 percent to come from the county’s Reserve Fund.

Hens said CATCO’s bid is $68,000 less than the engineers’ estimate of probable construction costs.

Work is expected to begin next spring or summer.

In other action, the committee:

• Voted in favor of a one-year contract with Safe Driver Solutions of Dansville, effective Jan. 1, for federally required drug and alcohol testing, terminating a previous pact with Partners in Safety of Middletown.

Hens said a couple issues factored into the decision, including having a company closer to Genesee County and Safe Driver Solutions’ pricing procedures.

Partners in Safety charges the county for all of its drivers, even if they aren't selected for random drug and alcohol testing, he said.

“It just happens to be the timing of our renewal of our annual contract, and their (Safe Driver Solutions) pricing structure is different because they only charge you for the actual people who get selected randomly,” Hens said.

He explained that "the pool is actually much (larger) because the way they operate under federal rules, they basically create a driver pool with all of their clients – so we get lumped in with the towns in Livingston County and Livingston County highway.”

“It’s a bigger group of people so we’re not hitting as many employees on an annual basis, and essentially not getting charged for that.”

Hens said he anticipates saving around $1,000 annual with Safe Driver Solutions and likes the fact that the county will be working with a local company to address issues concerning screening, post-accident responses and reasonable suspicious responses. Per the contract, Safe Driver Solutions staff members travel to the highway department to do the testing.

• Voted to add a second citizen representative to the Criminal Justice Advisory Council, following up on CJAC’s decision at a meeting in September to make the committee as diverse as possible.

To make room for the citizen rep, the Genesee County Bar Association delegate has been removed in light of the appointee’s recent retirement and a sufficient number of attorneys and law enforcement members on the committee.

The CJAC, created in 1981, services to promote public good and safety through improved coordination and cooperation among criminal justice agencies and other organizations in the community. More than 30 people from law enforcement, human services and social services agencies are on the committee. 

Long Island native Weldon Ervin is counting on a change of scenery and the love of his young family to permanently put a decade of criminal activity and confusion in the rear view mirror.

Ervin, 28, is a resident of the Village of Le Roy now, living at the home of the Bianchi family. He and his girlfriend, Chelsea Bianchi, have two children together -- 2-year-old son, Nicola (Nico, for short), and 1-year-old daughter, Alani.

He is a black man in a rural community with a minority population of 1.7 percent – a far cry from the diverse mix that he encountered growing up in the shadow of New York City.

He also is a participant on the Le Roy Police Reform and Reinvention Collaborative, a 15-member committee formed in compliance with Gov. Andrew Cuomo’s Executive Order No. 203, accepting the invitation of Police Chief Chris Hayward, whom he considers a close friend.

Hayward got to know Ervin through his relationship with Bianchi’s parents – his longtime neighbors – and believed that Ervin’s life experience would enhance the group’s discussion and help shape the reform plan that has to be submitted to New York State by April 1.

Chief: Ervin Would Be An Ideal Candidate

“Being a small community, it’s not your exposure to law enforcement, I guess, that people of color deal with in larger communities,” Hayward said. “And Weldon being from Long Island has had some experience with law enforcement and also the criminal justice system, so that’s why I felt that he would be an ideal candidate to be on the reform committee to give his insight on some important issues.”

The governor’s mandate requires municipal police agencies to review policies and procedures, and adopt a plan that addresses, “the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color.”

The Le Roy committee’s next meeting is scheduled for this Tuesday.

The Batavian sat down with Ervin and Hayward at Le Roy Village Hall last week to talk about the former’s life experiences and, more importantly, what he has learned from those experiences.

Without question, Ervin’s road to Le Roy was a rocky one, marred by short stints and long stays in penal institutions in New York City, Long Island, and the counties of Westchester, Greene and Seneca. All told, he spent 10 years behind bars – not all at once, but in and out due, in part, to prescription drug addiction, a troubled childhood and a rebellious attitude.

He became entrenched in the criminal justice system and, after more trials and tribulations, his time on parole ended and he found his way to what is proving to be a more serene existence in the Genesee Region.

Growing Up Without His Father

“I was born in Hempstead, Long Island, and I just found that out when I saw my birth certificate recently and then we relocated to Far Rockaway, Queens,” said Ervin, who with his three brothers was raised by his mother. “My dad (Weldon Ervin Sr.) wasn’t really in my life.”

With no father in the home, that put a lot of pressure on his mom to raise Ervin, his brother, Cedric, 27, and stepbrothers, Norell, 19, and Avery, 14. And being the oldest, much of the duties of caring for the younger siblings fell upon Weldon, who had was dealing with other issues.

“I saw a lot of anger in my mom; the strife toward my dad was taken out on me,” he said. “There was a little abuse growing up, from what I can remember it was physical, verbal and emotional. I still love my mother and I can’t hold it against her. She made sure we were in the right schools and had good clothes.”

Ervin said his mom was an excellent athlete, competing in basketball, soccer and volleyball, and she instilled that love of sports into him.

“My mom taught us the fundamentals of things,” he said. “We went to sports camps. My favorite sport is baseball, then basketball and then football. My late grandfather loved baseball. We used to go to his house every Saturday and Sunday. He would teach us how to play baseball and things that we could shape the game of baseball in our own way.”

Mom Sacrificed For Her Children

Ervin said his mother, who lives in Long Island, sacrificed a lot for her him and his brothers, sending Ervin to Bethel Christian Academy in Jamaica, Queens, from first through eighth grade – and working three jobs in order to cover the bill.

“My mom was a social worker – still is – working at an all-female group home, and we took the bus – and it was tiring. I remember one time seeing the tuition and it was $5,200. I was, like, wow. Certain times she said we couldn’t go to school for a day or so, and I guess that was because she needed time to get the money to pay the tuition,” he said.

Ervin said he didn’t have much of a relationship with his stepfather and had to learn how to gauge the mood of his mother to avoid confrontation.

“He tried, but I really didn’t let him in. Growing up from the abuse, when you come home from playing outside and then you’re like, I had to analyze my mom to see what kinds of day she was having because that would predict would kind of night I would have,” he said. “I had to come into the house and just watch my mom. She would read her Bible, and I would say, all right, she’s done this before.  I know how she would act and I know when something was troubling her.”

He said it was tough on him to watch after his brothers while his mother worked the third shift.

“I was the caretaker of my brothers. When they woke up, they’re asking me, ‘Where is mommy?’ I’d say, ‘Mommy’s at work. You want some chips?’ We would eat chips and watch TV.”

Prescription Drugs Take Their Toll

The grind took its toll on Ervin and soon he was seeing a psychiatrist and taking Klonopin to help him behave in school. “My mom should have taken the initiative and said no (to this),” he said. He was 12 or 13 years old at the time.

From there, he was prescribed Xanax as he entered Lawrence High School on Long Island, thrusting him into an environment of different races and opportunities.

“It was just different. It was very diverse. You had 30-percent black, 30-percent white, 30-percent Spanish and 10-percent miscellaneous. I said, this is all right,” he recalled.

Before long, however, he had hooked up with a classmate and he was selling some of his Xanax pills.

“We spoke business. But I didn’t know any different. I figured I didn’t need this much – here. Money. Thank you,” he said.

Soon thereafter, at the age of 16, he had his first encounter with the law.

One of his friends stole some guns from another friend’s house and was arrested. A week later, after being implicated by one of the others, Ervin was charged with third-degree burglary, a Class C felony.

“I told them that I didn’t have any guns and I didn’t sell any. (But) I was there and now I was a part of it,” he said.

Jail Time And Placed On Probation

He received a jail sentence of six months and was put on probation for five years. Thanks to a letter from a school counselor, he served only 20 days.

That was just the beginning of Ervin’s legal problems, however.

While on probation – and in the throes of his Xanax addiction – he stole something from the church where he attended in Far Rockaway, but said he doesn’t remember it.

“I then was sent to Rikers Island (an island in the East River between Queens and the Bronx that is home to New York City's main jail complex),” he said.

Hayward was quick to interject: “That’s not a good place.”

Ervin’s lawyer got him out due to his drug addiction and the 17-year-old was sent to a program at Phoenix House in Westchester County.

“I was a follower back then,” he said. “When I got to Phoenix House, I began to sell cigarettes. I didn’t smoke cigarettes, so it was all profit. With my frequent court and probation appearances, I was able to bring cigarettes and tobacco back (into the rehab center).”

Failing to focus on his recovery or school, Ervin said he rebelled and just thought about getting back on the street. He ended up being kicked out of the program after three months.

His Anger Would ‘Go Through The Roof’

All the while, he increased the amount of Xanax he was taking in an effort to control his rage.

“If I couldn’t get my Xanax, my anger would go through the roof,” he said, recalling that he slapped one of his brothers for drinking his grape juice.

In January 2010, Ervin was charged with grand larceny and ended up serving 13 months in Nassau County Jail, and after that, an incident involving an MS-13 gang member resulted in a 22-month stay at Coxsackie Correctional Facility in Greene County.

Ervin’s account of the latter situation indicated that he was in the wrong place at the wrong time.

“One day, one night, me and my friend were walking with his girl and his cousin,” he said. “In that area, a lot of Hispanics don’t get along with blacks and there’s a lot of MS-13 down there. We’re walking and we see them. I don’t have any problems with these people. I am not the kind of person who beats people up.”

He said the MS-13 guy “acts like he has something concealed, but he’s just a poser. My boy runs to him – says I can take everything from you right now -- and the guy takes off running.”

As it turned out, the MS-13 member accused them of stealing from him and brandishing a 12-inch kitchen knife, and Ervin was charged with several counts related to robbery and attempted robbery.

Ervin, then 19, was placed in a lineup, went to trial and was found guilty of second-degree attempted robbery and sentenced to three and a half years at Coxsackie Correctional Facility. He served 22 months.

Obtaining His GED While Behind Bars

While in Nassau County Jail, Ervin obtained his GED (General Education Development certification) and he served as a teacher’s assistant at Greene.

“I was just doing it to stay sharp in the books, and I also started working out and got a job in the rec yard to work out more. In the winter, I got a job in the gym to keep my mind off of everything,” he said.

His jail time wasn’t over, however, as he was incarcerated on and off over the past six years for parole violations, serving time at Willard Drug Treatment Facility in the Town of Romulus, Seneca County and, lastly, in Nassau County.

“Last year was my first birthday since I was 19 that I was home for my birthday,” he said, adding that his final day in jail was June 17 of this year.

After meeting Chelsea in 2017 through a friend of a friend, he said, he attempted to switch his parole to this area, hoping to live with her in an apartment in Perry. Although the landlord was fine with it, the parole board had different ideas.

“When you transfer, they would have to tell you (the person that I would be staying with) my record,” he said. “So, they told her this and that, and she said, ‘that’s all right.’ But they just basically said no.”

Problems With The Parole Board

Ervin said the parole officer tried to change Chelsea’s mind and they eventually convinced the landlord that he was “this horrible person.” His plan to live in Perry fell through.

According to Hayward, a parole board’s handling of these situations is part of the problem.

“Once these folks get into the criminal justice system, I sometimes don’t think there is the desire on the part of parole or other persons to want to get them out,” he said. “It’s been my experience for as long as I have been a cop, that once somebody gets in the criminal justice system, pretty much they stay there because of stuff like this. They want to keep them in that system and not give them the opportunity to make things better.”

Hayward said it is a systemic issue, but he doesn’t believe it is assigned to any specific race.

Ervin said he thinks the parole board doesn’t take the initiative to look at how a person has progressed when they evaluate placement.

“It’s your job to help my get back into the community as a human being and help me understand that this is the right way to live,” he said. “If you looked at my record, you’ve seen that everything happened in Long Island. Why wouldn’t you want me to come up here? Is it because of my race? Is he going to cause problems? Or, you know what, we can give him a chance; maybe this can help him.”

Hayward said he was rebuffed by the parole officer when he tried to help Ervin get a transfer to this area.

“When they were trying to get him up here, I actually spoke with the parole officer who was doing the investigation and it was not a positive conversation at all. I really was taken aback by it,” he said. “I’ve known Chelsea’s parents for quite some time, we’ve been neighbors for about 20 years. They’re good, solid people, and that’s where Weldon was going to be living.”

Happy To Live A ‘Boring Life’

Ervin admitted that he was a persistent parole violator, but is excited to report that his time on parole is over, he’s not on any mandated programs and he’s happy to live what Hayward called “a boring life” with Chelsea, who is studying to be a nurse, and the children in Le Roy.

When asked if he still is on medication, Ervin said he takes something to help him sleep at times, but that “my kids are my addiction now.”

“My anxiety, I deal with it. My kids are my support … even if I have a thought of something, it will never turn into action,” he said. “If I have a thought, ‘I wonder what’s going on in Long Island?’ it doesn’t matter because I will be having to dodge a toy thrown by Nico, and say, ‘OK, I’m not going to Long Island.’ ”

He said he understands his role on the Le Roy Police Reform Collaborative and seeks to share his input and what he has been through to committee members and the general public who may not be aware of some aspects of the criminal justice system.

“I’ve lost time that I can’t get back, but to be on this committee is a good opportunity. It’s my experience. It is my story and I feel like if my experience can help someone else or someone else can see that this place is a very good place compared to other places, then I think that can be very beneficial.”

Ervin spoke about the next generation and the importance of teaching them and the need to “keep evolving and evolving.”

Surprised To Hear About Le Roy’s SRO

He said he was surprised to learn that Le Roy Central District has a school resource officer (Sean Ancker) who interacts with students in a positive way.

“And he’s not dressed like a cop,” he said. “When I would go to school, I would see cops in vests – kids were getting put on a wall and being searched because maybe they had a button on their jeans and it (metal detector) kept ringing. It’s not welcoming because that was the first thing you’d see when you went to school. That creates fear.”

Hayward said Ervin has demonstrated that he wants to be a good father and role model.

“What happened in the past needs to be in the past. And he doesn’t need me as a police officer or anybody else in law enforcement to be constantly reminding him of his past. I am going to judge him for who he is now and not for what he was then,” he said.

The chief said children aren’t born not liking blacks or not liking whites, and said it is up to the parents to set them on the proper course.

“My granddaughters come up and visit, and go out – and when my youngest granddaughter goes out and talks to Nico out in the backyard, she’s not looking at him as a little black boy, she’s looking at another little boy her age. And that’s how it is supposed to be.”

Ervin said he has made some new friends -- they are Chelsea’s friends – but does keep tabs on friends in Long Island through social media.

He said that after years of hustling, scheming and fighting, he’s managed to find peace in his life.

“I just came to the realization that what I was doing in the past wasn’t working,” he said. “Where I was at is not it. But I am proud in that through my upbringing and the abuse and the Xanax, I have been able to become the man who I am. I’m sure someone can relate to my story … I’m not alone. Hopefully, my story can help somebody else.”

Photo: Weldon Ervin, left; Le Roy Police Chief Chris Hayward and Le Roy Police Sgt. Greg Kellogg. Photo by Mike Pettinella.

The number of people in Genesee County who are known to be infected with COVID-19 continues to grow at a high rate, according to the lastest news release from the Health Department.

The county now has 98 people in mandatory isolation because of COVID-19, which is more than double the high of the spring outbreak.

That's an increase of 30 new known cases since yesterday.

Press release:

New Positives – As of 2 p.m.

• Genesee County received 30 new positive cases of COVID-19.
  • This is reflective from the cases reported yesterday. Due to the volume of positives cases received today, data will be updated as soon as possible. Staff is working on contact tracing.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Elba, LeRoy, Oakfield, Pavilion and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the positive individuals are hospitalized.
  • The Health Department has been notified of a two positive staff members at Batavia Middle School. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced.
  • The Health Department has been notified of a two positive students and one positive staff member at Pavilion Middle School.  The individuals are on mandatory isolation until they recover.  Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced.
• Orleans County received 12 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Shelby, Murray, Kendall and Ridgeway.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Three of the individuals were on mandatory quarantine prior to testing positive.
  • Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the positive individuals are hospitalized.
  • The Health Department has received word of three Orleans County jail inmates testing positive. No further information will be shared.

Russell James Hamilton, 30, of Myrtle Street, Le Roy, is charged with: operating a motor vehicle while impaired by drugs -- first offense; unlawfully fleeing a police officer in a motor vehicle, 3rd; second-degree menacing -- with a weapon; second-degree obstruction of governmental administration; and criminal possession of a weapon with intent to use. Hamilton was arrested in the Village of Le Roy after allegedly fleeing from a traffic stop that was made at 2:15 a.m. Sept. 7 on Main Road in Stafford. Hamilton is accused of fleeing from Genesee County Deputy Kenneth Quackenbush, who attempted to stop him for a vehicle and traffic law violation. It is alleged that Hamilton fled in his vehicle into the Village of Le Roy, with deputies in pursuit, then fled from his vehicle on foot, and was taken into custody shortly thereafter. While being taken into custody, it is alleged Hamilton tried to strike a deputy with a dangerous instrument. It is also alleged that Hamilton was driving while impaired by drugs. He was released on appearance tickets and is due in Le Roy Town Court on Dec. 1. Village of Le Roy Police Officer Austin Steinbrenner assisted in the case.

Robert D. Wood, 30, of Mill Street, Batavia, is charged with: second-degree harassment; first-degree criminal contempt; and second-degree burglary. At 2:44 p.m. on Nov. 11, Batavia Police Officer Peter Post arrested Wood after a domestic incident that occurred on Wood Street in Batavia. He allegedly entered the residence in violation of a stay away order of protection agains him and is accused of shoving a person there during an argument. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $10,000 cash bail, $20,000 bond, or $50,000 partially secured bond.

Morgan Lee Cox, 52, of West Main Street, Batavia, is charged with second-degree harassment -- physical contact. Batavia Police Officer Nicole McGinnis was made aware of an incident which took place at 6 p.m. on Nov. 8 on West Main Street in Batavia. It is alleged that Cox was involved in a physical altercation and that he punched a person in the face. He was arrested and released with an appearance ticket for Feb. 9 in Batavia City Court. Batavia Police Officer Austin Hedges assisted in the case.

Barbara C. Pridmore, 62, of Mechanic Street, Elba, is charged with: driving while intoxicated -- first offense; aggravated DWI -- with a BAC of .18 percent or more; moving from lane unsafely; obstructed view; and failure to obey traffic control device. Pridmore was arrested at 11:46 p.m. on Oak Street in the City of Batavia after a motor-vehicle accident in which a vehicle crashed into a telephone pole. She allegedly performed poorly on field sobriety tests, was arraigned in Batavia City Court, then processed at Batavia Police headquarters and issued traffic tickets. She is due in city court Feb. 17. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jordan McGinnis.

Ashley Ilene Hightower, 28, of Bank Street, Batavia, is charged with second-degree harassment. She was arrested following an investigation of a harassment complaint pertaining to an incident that occurred at 4:21 p.m. Nov. 8 on Bank Street, Batavia. She was issued an appearance ticket to be in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Katherine J. Briggs, 41, of South Main Street, Batavia, is charged with false written statement. At 4:20 a.m. on Nov. 11, Briggs allegedly knowingly gave a false statement to a City of Batavia police officer. She was issued an appearance ticket and is due in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Jordan McGinnis.

Press release: