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Genesee County leaders are advocating a spirit of togetherness as they take a divide-and-conquer approach to fulfilling the requirements of Gov. Andrew Cuomo’s Executive Order No. 203 on community police reform and reinvention.

On Wednesday night at the Old County Courthouse legislative chambers, the Genesee County Police Reform and Reinvention Collaborative met for the first time, with 15 of the group’s 19 current members attending either in person or via Zoom videoconferencing.

County Legislature Chair Rochelle Stein put out a call for unity and respect as she welcomed those who are tasked to address the policies and procedures of the Genesee County Sheriff’s Office per the Executive Order issued on June 12.

“Together … we have an opportunity to learn from each other … to improve and manage public safety … through thoughtful, respectful and robust discussions,” Stein said. “Step by step by step, we will do this together.”

Stein emphasized that each member of the committee – from public officials to representatives of social or minority groups -- was important to meeting the governor’s directive.

“Each community must envision for itself the appropriate role of the police,” she said, “and policies must be developed to allow the police to do their jobs to protect the public and the policies must be with the local community’s acceptance.”

Following her opening statement, Stein introduced Robert Bausch, former County Legislature chair, who will serve as moderator for the group. After that, the committee members who were social-distanced throughout the room said a few words about themselves.

County Manager Matt Landers then read highlights of the Executive Order, focusing on the section that outlines the 15 different policing strategies that must be analyzed by Sheriff William Sheron and the community stakeholders.

Landers distributed a 10-meeting timeline (on Monday nights at 6:30), with five of those meetings dedicated to reviewing those 15 strategies as follows:

• Nov. 2 – Use of force policies, procedural justice, any studies addressing systemic racial bias or racial justice in policing;

• Nov. 16 -- Implicit bias awareness training, de-escalation training and practices, law enforcement assisted diversion programs;

• Dec. 7 -- Restorative justice practices, community-based outreach and conflict resolution, problem-oriented policing;

• Dec. 21 -- Hot spots policing, focused deterrence, crime prevention through environmental design;

• Jan. 4 -- Violence prevention and reduction interventions; model policies and guidelines promulgated by the New York State Municipal Police Training Council; standards promulgated by the New York State Law Enforcement Accreditation Program.

Sheron is scheduled to give a report on his department to legislators and the committee during a regular meeting of the legislature on Oct. 28, and will answer questions afterward.

Last night, the sheriff pointed out that the Genesee County Sheriff’s Office recently was reaccredited by New York State, which means that the agency has met or exceeded 133 standards as set forth by the state. The department was initially accredited in 2000.

Accreditation aside, Sheron said he would appreciate members' input, adding that "constructive criticism" is a vehicle "to making it better for our citizens."

The remainder of the collaborative’s meeting timeline indicates: a review of the draft report on Jan. 18; presentation of the draft to the public for feedback on Feb. 1; review and vote on the final report on Feb. 15; submission to the county Ways & Means Committee on March 3; adoption by the full county legislature on March 10; and delivery to the state Division of the Budget prior to April 1.

The Executive Order stipulates that the reform plan must be submitted to the state by April 1 or else it could jeopardize the locality’s state aid.

Landers said that the timeline isn’t etched in stone and that he is open to adding to the group’s number, especially if the interested person represents “another perspective or opinion.”

He added that the county’s Information Technology staff will be recording the meetings and the public is invited to attend in person (adhering to COVID-19 guidelines) or via Zoom.

Members present at last night’s meeting -- along with Landers, Stein and Sheron -- were:

• Community members Julie Carasone, Perez Dinkins, Barb Starowitz, Tyrone Woods; Genesee Community College international student Rachel Gelabale;

• Nonprofit community group member Lynda Battaglia, Genesee County Community Mental Health Services;

• Faith-based leader John Keller, Northgate Free Methodist Church;

• Educational group member Rachel Siebert, Genesee Valley BOCES;

• Local elected official Gregory Post, Town of Batavia supervisor; Genesee County Public Defender Jerry Ader;

• Genesee County District Attorney Lawrence Friedman;

• Genesee County Sheriff’s Department Officer Howard Carlson.

Other members (who did not attend) are community member Leandro Mateos; John Bennett, Genesee/Orleans Council on Alcoholism and Substance Abuse; Millie Tomidy-Pepper, YWCA of Genesee County; and Genesee County Undersheriff Bradley Mazur.

The collaborative includes several persons of color and a cross section of people who have deeper views of societal issues through their interaction with minorities in their fields of employment, such as farm ownership, social and mental health services, substance use counseling, pastoral guidance, cultural competence and athletics.

Photo: The first meeting of the Genesee County Police Reform and Reinvention Collaborative took place Wednesday night at the Old County Courthouse. Photo by Mike Pettinella.

A decrease in the Genesee County property tax rate and a much smaller than anticipated increase in the Town of Batavia property tax rate.

That’s the latest word from the managers of both municipalities who shared developments from today’s meetings with the legislature and town board, respectively, concerning their 2021 budgets.

“We’ve had several budget meetings with our county legislature and at this point and time I’m ready to propose a county budget that has a decrease in the (property) tax rate of approximately 31 cents down to $9.80 (per thousand of assessed value) from $10.11,” said first-year County Manager Matt Landers.

Batavia Town Supervisor Gregory Post had encouraging news as well, reporting that his current budget calls for about a 39-cent increase – from $2.45 per thousand to $2.84 – which is considerably less than the potential 88- or 89-percent increase that was bandied about a couple weeks ago.

“Everyone should thank the county legislators for their hard work to make it possible for the revenue distributions they have just made,” Post said, referring to a final 2020 payment of $6 million and a pledge to distribute $10 million in 2021 to the county’s 13 towns and six villages. “Now, we feel much better about taking $550,000 from our fund balance to make this happen.”

Both budgets are tentative and subject to change, but in all likelihood any modifications should be slight at this point.

Holding the Line Paved the Way

Legislature Chair Rochelle Stein said she was hoping that her colleagues and management would be wrong in August (when they predicted a dire outcome).

“I’m glad we were, so we could increase this amount up to 10 million dollars,” she said of the 2021 revenue distribution, which is $2 million more than previously announced. She then applauded the efforts of everyone involved, noting that she appreciated their “work and consistency and your sticking with us.”

Landers echoed her sentiments, pointing out that the moves the legislature has made over the past six months, under the direction of Stein and former County Manager Jay Gsell, “have helped put us in a (good) position and helped me to put together this budget.”

“We’ve been able to fund our roads and bridges to the level that I’d like to fund them in 2021 … and they made a lot of good decisions … on furloughs, hiring freezes, deferring capital projects, deferring acquisitions.”

In order to lower the tax rate, Landers is proposing using about $2.3 million of the county’s $15 million fund balance. He said that is necessary due to a projected 20-percent (or more) cut in aid from New York State.

“We still don’t know if there’s going to be a stimulus for governments,” he said. “The stimulus isn’t anything I am looking toward for revenue replacement; the stimulus would benefit Genesee County primarily in that it would provide revenue to the state, and the state would not have to cut us.”

A 20-percent cut in state aid translates to a $2 million hit to the county’s budget, which will come in at around $144 million.

Sales Tax Numbers Better Than Anticipated

“As you saw in the resolution tonight (at the legislature meeting where the revenue allocations were approved), we’re going to budget $10 million of revenue distribution to our towns and villages in 2021,” Landers said. “We are projecting a small reduction in sales tax, but not anything that we would have thought six months ago. There were estimates that sales tax would be down 30 to 40 percent, but now we’re projecting a 5- to 10-percent reduction in sales tax.”

With sales tax numbers better than expected, the county is able to provide $10 million next year to support the towns and villages.

Landers said he and department heads went through the budget line-by-line during a couple Saturday morning workshop sessions and he “feels comfortable at this point submitting a budget that has roughly a 31-cent decrease in the tax rate, with a levy increase of approximately $400,000 (due to an increase in the county’s assessed value).

“I wish we could do more; I wish we could reduce taxes more,” he said. “It’s one of those (situations) where I’m glad we could come to a consensus with the legislature. I’m glad that we’ve got a balanced budget that I’m going to be proposing and once it goes from my hands to the legislature, it's their ability to modify it and amend it as they see fit.”

He said he expects the legislature to “tweak a thing or two,” but is relieved to have made it this far in the budget process.

“I’m glad to get through my first budget session. I never envisioned putting one together in a pandemic and a financial crisis, but I am glad that we are able to have a stabilized tax rate for Genesee County citizens,” he said. “I understand that it is going to utilize a little more fund balance than we like to, but that’s what the ‘rainy day’ fund is for. If we potentially didn’t have a 20-percent reduction in our state aid, we might have been able to have the possibility of further reductions (in the tax rate), which would have been great.”

Landers said the county’s fund balance is at 12 to 13 percent of its general fund expenditures – the proper level according to guidelines from the state Comptroller’s office.

The spending plan will be presented at a public hearing scheduled for Nov. 4 at the Old County Courthouse. It is slated to be adopted by the legislature on Nov. 23.

Town Supervisor Breathes a Bit Easier

Post said he expects to get a good night’s sleep tonight for the first time in months after coming out of a budget workshop this afternoon at the Batavia Town Hall on West Main Street Road.

The town received word that it would be getting another revenue check from the county in the amount of $1 million this year and just shy of $1.7 million from the county in 2021.

While the $1.7 million is less than what board members originally had hoped for, it is enough for them to be able to allot $550,000 from the fund balance to lower the tax rate.

“That, plus the fact that our investments are beating the market rate by a factor of six times, puts us in position to do that,” Post said, letting out a sigh of relief.

He attributed the town’s ability to weather the economic storm to its collaboration with the county, City of Batavia and Genesee County Economic Development Center that has resulted in developing “multiple streams of income.”

“This all started 12 years ago … by incentivizing businesses that provide sales tax revenue,” Post explained. “All of these entities have collectively applied those principals to our community and we’re reaping the benefits.”

The town board has indicated it will conduct a special work session at 5 p.m. on Oct. 20, prior to adopting a preliminary budget on Oct. 21. A public hearing on the budget is scheduled for Nov. 4.

On a vote of 7-2, the Batavia City Council approved an additional $1,000 a month stipend for interim City Manager Rachael Tabelski, who has been filling the role since June after the resignation of Martin Moore.

Council members Bob Bialkowski and Rose Mary Christian voted against the stipend.

Christian said she opposed the same stipend for Matt Worth when he was interim city manager after Jason Molino left, and to be consistent, she needed to oppose it for Tabelski.

"I'm concerned about a lot of people," Christian said. "We have long lines at food banks; people can't pay their rent or mortgage."

Bialkowski said he was applying the standard of the private sector, that when you're on salary you do the work assigned even if you fill in for a vacant slot at the same salary you were getting.

Council President Eugene Jankowski spoke in favor of the stipend. The assistant acts as a department head for administrative staff as well as other administrative duties and while department heads have helped pick up some duties the workload for Tabelski has increased substantially.

He also noted the City Charter requires the city to have a city manager and assistant manager. 

"If you're doing both jobs, it's a burden," Jankowski said.

Tabelski's base salary is $52,339.

Moore's salary was $110,838.

Jankowski noted that the stipend is not a cost that will put the city in a hole because they're currently saving money operating without a city manager.

The Council is in the process of identifying candidates, which may include Tabelski, to become the city's next city manager.

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To trick-or-treat or not to trick-or-treat? That seems to be the question on the minds of a lot of families in Batavia as our first pandemic-era Halloween approaches.

Councilman Bob Bialkowski said he's received calls from residents wondering if the city will permit traditional Halloween activities and he said there are even residents concerned that if they don't leave a light on for young ghosts and ghouls their houses might be targeted for vandalism.

Interim City Manager Rachel Tabelski said after reviewing information from the Centers for Disease Control (CDC), including a chart she said shows Genesee County as one of the few counties in the area the CDC has marked safe for trick-or-treating, she sees no reason right now to cancel Halloween in the city.

She said residents should be informed of the CDC's guidelines, which include:

• Avoid direct contact with trick-or-treaters.
• Give out treats outdoors, if possible.
• Set up a station with individually bagged treats for kids to take.
• Wash hands before handling treats.
• Wear a mask.

Tabelski suggested residents who want to hand out treats, not have trick-or-treaters come to their door but instead meet them one at a time on their sidewalk.

"We are not banning trick-or-treat unless the county or state come down and ask us to ban it," Tabelski said. "We think it's a great idea for parents and residents to be informed to help them feel safe."

She said she didn't anticipate any trouble for residents who choose to turn off their porch light and not participate.

"I think people understand some people may not feel comfortable opening their doors," Tabelski said.

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When the coronavirus pandemic first hit Genesee County, the revenue outlook for the City of Batavia was pretty bleak -- a projected $2.4 million in losses because of an anticipated 30-percent decrease in economic activity.

As it turns out, sales tax revenue in the county is down only 4 percent, Interim City Manager Rachel Tabelski informed the City Council on Tuesday night.

The city also received an 80-percent payment from the state for video lottery terminal (VTL) revenue from Batavia Downs.

Better news but not necessarily good news. There's still a shortage in revenue of $793,000.

"While we still have many freezes and cuts to the departments, we are weathering the storm well of comfort," Tabelski said.

City department managers continue to work to control costs, making cuts in purchasing in vehicles, equipment and supplies, deferring what they can, and some departments are still under a hiring freeze. Those cost-saving measures are projected to save $611,000.

Whether those cuts are for the long term is yet to be seen.

"That's definitely hard to predict," Tabelski said. "We have rising contractual costs of employees coming into next year's budget and we still have New York State's 2 percent property tax cap that we try to look at and maintain, and stay within if we possibly can. The hope is that as we get closer and closer to the next quarter of sales tax collection, we'll have a better revenue picture and we'll be able to tell if we have a better budget outlook to present to Council in January."

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Update 11 a.m. with comments from Legislature Chair Rochelle Stein:

"We can gladly say that this is good news for the people in our county's towns and villages and City of Batavia. As the calendar moves on, there were key factors that we had to understand before we could determine (the amount to be distributed). The taxpayers are the ones who will benefit as they are the most important people in this entire conversation. It shows that we can work collectively in a manner that can least harm our taxpayers."

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The Genesee County Legislature later today is expected to pass a pair of resolutions that will authorize the distribution to towns and villages of another $6 million in revenue to close out 2020 and $10 million in anticipated revenue for 2021.

“These are the dollar amounts that the legislature felt it could share for the rest of 2020 based on total revenues that come into the county, taking into consideration various lost revenues – state aid, sales tax and interest earnings,” County Manager Matt Landers said this morning.

Landers said the final round of $6 million in payments brings the 2020 total distribution to the county’s 13 towns and six villages to $12,179,543.

Looking ahead, the legislature’s intention to provide $10 million in revenue distribution for next year is welcome news to the municipalities, especially the town boards that are in the process of finalizing their budgets for their 2021 fiscal year that begins in January.

For villages, the 2021 distributions will help in crafting budgets for 2021-22 as their fiscal years run from June 1 through May 31, except for Alexander, which runs from April 1 through March 31.

The $10 million is more than what Landers called “a conservative estimate” of $8 million that the legislature projected in early September – but still less than the $14 million originally budgeted prior to the COVID-19 pandemic.

“Initially, we didn’t want to project a number that we couldn’t provide, and after another month or so of reviewing the data and reviewing where our revenues are coming in, the legislature felt comfortable increasing that $8 million estimate to $10 million,” Landers said.

Revenues are determined by a formula that takes into account the municipality's taxable assessed value and equalization rates.

Following are the dollar amounts (total of $6 million) that represent the final payments for 2020:

TOWNS

• Alabama, $237,321;
• Alexander, $245,122;
• Batavia, $1,025,995;
• Bergen, $296,990;
• Bethany, $246,247;
• Byron, $284,878;
• Darien, $593,614;
• Elba, $221,624;
• Le Roy, $495,998;
• Oakfield, $183,392;
• Pavilion, $327,483;
• Pembroke, $600,149;
• Stafford, $379,168.

VILLAGES

• Alexander, $44,197;
• Bergen, $113,589;
• Corfu, $80,543;
• Elba, $64,499;
• Le Roy, $435,583;
• Oakfield, $123,609.

Following are the dollar amounts (total of $10 million) that represent full payments for 2021:

TOWNS

• Alabama, $408,817;
• Alexander, $399,714;
• Batavia, $1,692,733;
• Bergen, $510,034;
• Bethany, $410,123;
• Byron, $462,932;
• Darien, $973,751;
• Elba, $361,341
• Le Roy, $824,606;
• Oakfield, $300,052
• Pavilion, $544,694
• Pembroke, $1,023,383;
• Stafford, $651,846.

VILLAGES

• Alexander, $71,208;
• Bergen, $199,528;
• Corfu, $138,044;
• Elba, $106,922;
• Le Roy, $720,318;
• Oakfield, $199,954.

The full legislature meeting is set for 5:30 p.m. at the Old County Courthouse and will be followed by an informational meeting to set the timeline of the Genesee County Police Reform and Reinvention Collaborative at 7 p.m.

In another development, the county’s Information Technology department has been working since Tuesday morning to restore phone, financial management and email networks to full efficiency. Officials have been unable to use email and getting through by telephone has been hit-and-miss.

The Batavia City School District has created an executive director of operations position as part of a reshuffling of jobs that has reduced the number of employees on its administrative leadership team.

“It’s important for people to know that we didn’t grow our administration,” Superintendent Anibal Soler Jr. said today while reporting that he was able to shift staff members to reduce the number of administrators from 19 to 16 and save the district around $70,000.

Soler said that two of the job changes affected last year’s budget and one took effect in the current year’s budget.

“I really didn’t understand why we had 19, and the reality is that we only have half of our kids coming every other day,” he said. “So, some of that need isn’t there.”

He emphasized, however, that the school district is one of the largest employers in Genesee County and should have a human resources manager, which is a key component of the executive director of operations position.

“For us not to have an in-house person in charge of human resources – personnel and benefits – was not good,” he said. “We created that position … and just made some moves internally.”

Trisha Finnegan, formerly the director of Special & Alternative Education, was appointed as executive director of Operations.

The rest of the current administrative team at the Batavia City School District is as follows:

• Superintendent Anibal Soler Jr.;
• Business Administrator Scott Rozanski;
• Molly Corey, executive director of Curriculum & Instruction;
• Jason DeGraff, director of Facilities;
• Amanda Cook, director of Special & Alternative Education;
• Michael Bromley, director of Health, Physical Education and Interscholastic Athletics;
• Paul Kesler, Batavia High School principal;
• Nate Korzelius, Batavia High School assistant principal;
• Julia Rogers, Batavia High School assistant principal;
• Ashley John Grillo, Batavia Middle School principal;
• Lindsey Leone, Batavia Middle School assistant principal;
• Bernadette Krumpek, Batavia Middle School assistant principal;
• Brian Sutton, John Kennedy Intermediate School principal;
• Maureen Notaro, Jackson Primary School principal;
• Jeffrey McKinney, John Kennedy and Jackson assistant principal.

The search for a permanent City of Batavia manager is progressing, according to City Council President Eugene Jankowski Jr., who didn’t have much new information to report other than the Cincinnati, Ohio-based consulting firm assisting the board is now part of a larger corporation with offices across the United States.

“We’re setting up timetables to keep the process going and The Novak Consulting Group is scheduling their people to meet with the committee that has been formed by City Council,” Jankowski said today, adding that TNCG has been acquired by another company.

A click on the TNCG website indicates that as of January 2020, it now is part of Raftelis, a national leader in financial, rate, organizational, technology, and strategic business consulting services to the public sector and utilities throughout the United States.

Per the website, “Raftelis’ capabilities and resources mean we now offer clients a broader range of services, and can quickly connect our clients to experts who can deliver the analysis and insights they need.” It also stated that the entire TNCG staff is now part of Raftelis and the firm will maintain its headquarters in Cincinnati.

Last month, Jankowski announced the appointment of Council members Patti Pacino and John Canale, Public Works Director Matt Worth and Human Resources Specialist Dawn Fairbanks to a screening/search committee to set the wheels in motion for the hiring of a city manager to replace Martin Moore, who left the position in June.

Assistant City Manager Rachael Tabelski has been serving as the interim city manager for the past four months.

Jankowski said he didn’t know who will be coordinating the search for TNCG, noting that he expects the local committee to update Council as developments occur.

During the search in the spring and summer months of 2018 that resulted in Moore’s hiring, Catherine Tuck Parrish, executive search senior manager, was the key player for TNCG.

The Batavian placed a call to TNCG this morning to find out if Tuck Parrish was going to direct the search this time, but the person who answered said that she was out of the office until Wednesday.

Jankowski said Council has been in contact with TNCG “all the way back to June 20,” but the company wasn’t available to step in until sometime last month. Per a stipulation in the previous contract, TNCG agreed to provide a “free search” to the city should the city manager leave prior to completing two years on the job.

Moore’s tenure in Batavia lasted for 21 months.

The city reportedly paid $23,500 for the 2018 executive search, plus a few thousand dollars more for advertising, background checks and transportation costs for finalists to attend interviews in Batavia.

Moore received a starting salary of $110,000, with annual increases of $2,000 along with retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

Jankowski said it is his understanding that the city will cover “what we did last time -- beyond their fee – which was advertising costs, interview costs and transportation costs to bring candidates here, and so on.”

He also said that all costs would come before Council prior to payment.

“If we’re going to bring X amount of people in for interviews and it’s going to cost approximately this much money, then Council has to appropriate that,” he said. “It’s not a major expenditure but these are expenses that weren’t budgeted for, so we would have to find the account where it would be legal to be transferred from – such as Administrative Services or the City Manager’s Office. When these costs become apparent, we will make that information available to the public.”

He also said Council will zero in on the qualifications and skills of its next city manager.

“Council will make it known what’s important to them and what’s important to our community. Are we advertising for a people person or a financial expert or a manager for major projects? It’s up to Council to set that job description above and beyond what is listed in the charter,” he explained.

Jankowski said TNCG will do all the screening and preinterviews and make sure the candidates meet all of the qualifications and verify that people are honest about their credentials.

“When that’s all done it comes to the committee and the committee does additional screening, narrowing down the candidates who will be interviewed by all of Council,” he said. “That’s how we did it last time and I expect the process to be pretty much along those same lines.”

As far as TNCG is concerned, Jankowski said it will be “a team approach.”

“There isn’t one or two specific people,” he said. “One of their people may be an expert in background investigations, another may be an expert in screening the actual individual. Now that they’re part of this other company, I believe they will bring more people to the table because they have a larger organization to tap into.”

Jankowski said regardless of who is sitting at the table, Council is committed to making sure the search “is done property, fairly, ethically and legally … and as open as we possibly can.”

While the job search may or may not come up for discussion at tonight’s City Council Business Meeting, a resolution to supplement Tabelski’s current salary with a $1,000 per month stipend for additional responsibilities is on the agenda. The increased pay would be retroactive to July 20 and continue until the city manager post is filled.

The meeting is scheduled for 7 o’clock at the City Centre Board Room.

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

It's now a felony in New York for a police officer to use a chokehold that results in the serious injury or death of a person, but Batavia police officers who have come through the academy in the past 10 years haven't even learned that maneuver, Chief Shawn Heubusch told the city's stakeholders' group at Thursday's meeting.

Since officers aren't trained in the procedure, it isn't even mentioned in the city's use of force policy, Heubusch said.

The Batavia's Police Collaboration Advisory Stakeholder Group was formed in response to an executive order from Gov. Andrew Cuomo mandating that all municipalities with a police force form a community-based group that reviews all of a police department's policies and procedures.

Thursday meeting concentrated on Batavia's use of force policy (pdf).

Chokeholds fell out of favor more than a decade ago, but their use declined steeply after New York legislators passed a law in the wake of the 2014 death of Eric Garner. He died in New York City while in police custody and restrained in a chokehold. Even while officers continued to restrain him, Garner warned them, "I can't breathe."

As a result, the State Legislature approved the Eric Garner Anti-Chokehold Act, making "aggravated strangulation" by a police officer a Class C felony punishable up to 15 years in prison.

While the city's use of policy is silent specifically on the use of a chokehold, it does allow a police officer to use any means necessary to protect his or her life or the life of another person if somebody is in imminent danger of being killed.

An officer, for example, fighting for his or her life, could use a chokehold.

"If the officer is in serious peril, you are going to do whatever you can to prevent yourself or somebody else from being killed," Heubusch said.

The use of force policy outlines when a police officer is authorized to employ a reasonable level of force in order to effect an arrest or protect him or herself or another person, up to the use of deadly force.

Reasonable, of course, is a subjective term but a 1989 Supreme Court decision, Graham vs. Connor, provides police with a method to evaluate reasonable use of force.

What is deemed reasonable? Basically, what any other typical officer would have done under a similar set of circumstances with the knowledge the officer had the time of the incident without the benefit of hindsight. In other words, if an officer has substantial reason to believe a subject has a weapon and is likely to use it, an action taken to neutralize the ability of the subject to use that weapon is reasonable, even if it turns out later the subject didn't have a weapon.

"No policy can possibly predict every situation a police officer will face," Heubusch said. "We can't reasonably think of everything and put in a policy when there is so much judgment involved in every single action an officer takes on a daily basis."

While an officer wants to avoid or minimize the use of force, nothing in the law or policy requires an officer to retreat (unlike a civilian in a public place) in the face of a threat.

When an officer uses unreasonable force, his or her fellow officers have a duty to intervene, and a duty to report under Federal law and local policy.

"We've always had a duty to intercede in our policy," Heubusch said.

Use of force can be authorized to try and capture a fleeing criminal suspect but again, sometimes the use of force is reasonable, and sometimes it isn't. An officer wouldn't use the same force to apprehend a shoplifter that he would for a bank robber. The officer must also evaluate whether the subject is a physical threat to other people.

It's never acceptable to fire a weapon at a moving vehicle. Unlike the movies, it's rarely effective and it's a danger to others.

Deadly force is only authorized when the officer or another person is in imminent threat of death or serious injury. Imminent doesn't mean immediate, Heubusch said. 

"If you point a gun at me I don’t have to wait for that trigger to be pulled," Heubusch said. "It doesn’t matter if the gun is loaded or not. We don’t have to find out if there are actually bullets in the weapon."

Anytime any level of use of force is deployed, Heubusch said, the officers must complete a report, which is another reason officers, he said, would rather avoid the use of force if at all possible.

The report is reviewed by supervisors. The information can sometimes help identify training needs and corrective measures and in rare circumstances result in disciplinary action.

"Officers hate paperwork and when they use force, they have to report it every time they wrestle with somebody," Heubusch said.

Heubusch said the use of force reports are not public even though New York recently repealed the law, Civil Rights Law 50a, which used to make records private used to evaluation police officer performance.

The reports are apparently not aggregated into any kind of statistical table.

Committee members wanted to know more about how the police department handles complaints about the possible use of force violations, particularly what protections are in place to protect an officer who cites a possible violation by a fellow officer.

Some committee members wanted to know just how thick that "thin blue line" is that supposedly protects police officers from being reported by fellow officers.

Heubusch said the department does have a whistlerblower policy that protects employees who file complaints but also noted, it's a small department -- only 33 officers on the force -- so it's hard to remain anonymous. 

That being said, Heubusch added, "supervisors know what their job is. They are not going to put their careers on the line. It's their job and their living on the line. I think our officers are comfortable coming forward if they run into a situation. I have yet to uncover a problem of an officer reporting something to a supervisor."

Public Defender Jerry Ader

Top photo: Chief Shawn Heubusch

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A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

• Shawna Murphy
• Barbara Bowman
• John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

• His contract includes an annual raise;
• The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
• Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

The Genesee County Planning Board is asking the Byron Town Board to consider revisions to a couple sections of its proposed local law on solar energy systems.

Planners on Thursday night approved the referral from the town for zoning text amendments governing the placement of solar projects, but not before Planning Director Felipe Oltramari pointed out issues with wording in sections pertaining to property values and prime farmland.

On the clause addressing the impact of large-scale solar projects upon property values, Oltramari said it lacked clarity and detail, noting that it was just one sentence. The section in question currently states:

Property Value and Taxpayer Protection: Tier 3 and Tier 4 Solar Energy Systems, once constructed and operational, shall not reduce the property value of adjacent parcels where a parcel owner is not in privity of contract with the applicant or its successors, agents or assigns.

Oltramari said that description “needs to be fleshed out some more” and said that without an appraisal before and after the project siting, it would be difficult to prove how much, if any, the value of the property had changed.

He said he realizes that the town consulted with attorneys to draft the plan and didn’t want to overstep their expertise, but he said he “had concerns about the clarity and the practicality of having something like that that can’t really be enforced.”

On the use of prime farmland, Oltramari said he understands the reasoning behind limiting projects to no more than 10 percent of prime farmland – as is the case of the 280-megawatt Excelsior Solar Project under Article 10 of New York State law – but he believes the proposed local law doesn’t go far enough in its description of prime farmland.

He said a local resident mentioned a soil survey that determines how much prime farmland is in the town, specifically noting a category called “prime if drained.”

“That means that if the landowner puts in what they call tiling – drainage to make the soil drain better, then the land becomes prime farm if those improvements are made to the fields,” he said. “But whether or not the field is tiled, only the property owner knows and maybe a few others. You would have to know how much of that farmland is actually drained. If you don’t know that, you don’t know the full percentage of prime farmland in the town.”

Oltramari said he expects the Byron Town Planning Board to review the proposal and issue recommendations to the town board, and hopefully will take a look at those two sections.

County planners briefly discussed NextEra Energy Resources’ 1,700-acre Excelsior project that is in the hands of the state Board on Electric Generation Siting and the Environment.

While Oltramari said large solar arrays such as this “are supposed to adhere to local regulations,” Article 10 – and now the Accelerated Renewable Energy Growth and Community Benefit Act -- supersedes local planning board authority.

In other action, planners:

• Approved a special use permit and downtown design review for the Downtown Revitalization Initiative project to renovate the Main Street Pizza building at 206 E. Main St.

As first reported on The Batavian, applicant Paul Marchese, doing business as Just Chez Realty LLC, submitted plans to create two apartments on the second floor and change the exterior of the building at 206 E. Main St.

The only stipulation in the planners’ approval was that the project meets Enhanced 9-1-1* standards.

Marchese’s request now will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

• Approved a zoning map change request from R-1 (residential) to C-2 (commercial) by James Barsaloux to offer local craft beer, food and live music, at his farm market operation at 8041 E. Main Road, Le Roy.

Oltramari said the Town of Le Roy’s comprehensive plan indicates acceptance of a mix of residential and commercial operations in its future land use.

Planners said they were concerned about traffic and noise, and hoped that the town would conduct a proper review of the site plan and special use permit to mitigate any potential problems.

Barsaloux said that he intends to have live music only a couple nights per month and no later than 9 p.m., adding that he wants to keep “a family atmosphere … not another bar.”

• Approved a special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

The project came before planners in August, when they granted an area variance for the public garage, which will be set up as a vocational training site for people in recovery from substance use disorders.

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

Previously: County planning agenda includes special use permit referral for Main Street Pizza building.

Press release:

• Genesee County received eight new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Batavia, Elba and Stafford.
  • Two of the positive individuals are between the ages of 0-20, one individual is in their 40s, two individuals are in their 50s, one individual is in their 60s, and two individuals are in their 80s.
  • Three individuals were on mandatory quarantine prior to testing positive.
  • Twenty-one new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
  • One of the individuals is a resident at the New York State Veterans Home.
• Orleans County received two new positive cases of COVID-19.
  • The new positive cases reside in Albion and Yates.
  • One of the individuals is in their 20s and one individual is in their 30s.
  • The individuals were not on mandatory quarantine prior to testing positive.
  • Seven new individuals are on precautionary quarantine due to travel from restricted states.

Batavia-based funeral director Michael Scott Tomaszewski was arraigned on 15 new charges in Genesee County Court this morning as a result of the continuing investigation of his business practices.

He owns Michael S. Tomaszewski Funeral Home & Cremation Chapel, Acme Holdings of NY Inc., which owns the building that houses his funeral home on West Main Street Road, and adjacent property, including the Dibble Family Center.

On July 23, the Edgewood Drive resident, 48, was charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services for 91 customers.

Since his initial arrest, 11 additional victims came forward.

Today's virtual arraignment via Skype in front of Judge Charles Zambito was for:

• Seven counts of third-degree larceny (Class D felony);
• Grand larceny in the fourth degree (Class E felony);
• Three counts of petit larceny (Class A misdemeanor); and
• Four counts of failure to deposit monies (in violation of NYS General Obligations law).

According to the report from the Genesee County Sheriff's Office, Investigator Christopher Parker states the new charges "represent additional allegations concerning conduct related to monies paid to Tomaszewski for prepaid funeral and grave markers which were not used for their intended purpose."

In February, Tomaszewski filed for bankruptcy for Acme Holdings under Chapter 11 in Federal Court. He has also filed for personal bankruptcy.

Following today's arraignment, Tomaszewski was released on his own recognizance.

The investigation is continuing.

Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

Previously:

Local funeral director charged with stealing money from customers

Sheriff's Office looking into 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

Village of Le Roy Police Chief Chris Hayward acknowledged that “we’re not perfect” as he encouraged the newly formed, 15-member Police Reform and Reinvention Collaborative to provide the input to achieve its goal of developing a revised policing plan that meets the community’s needs in accordance with Gov. Andrew Cuomo’s Executive Order No. 203.

“We’re trying to get diversity here,” Hayward said on Wednesday night as the group met at the Village Hall for the first time. “I know that we’re not perfect and as for criticisms, this is what we want to do here. We want to do better.”

Hayward, sitting at a table at the front of the room with Mayor Greg Rogers, started the meeting with a PowerPoint presentation highlighting the governor’s call for police reform, members of the local advisory group, roles and responsibilities of the key players, and a timeline leading to the formation and submission of the plan to the state by April 1.

A discussion followed, focusing on policing in Le Roy, hiring and diversity, use of force policy, and accountability and transparency.

Public Defender Jerry Ader suggested the formation of a citizen-led advisory group or committee that could field individual comments or complaints, noting that people might feel more comfortable if that avenue was available.

Both Hayward and Rogers indicated that they are open to residents’ concerns regarding individual police officers and policing in general, with Rogers stating, “I’m the most approachable person in the room.”

Hayward said he is taking calls from citizens all the time, but said “we receive very few informal personnel complaints against the officers.”

He said he believes his agency is not transparent enough, but does not agree with a revised law that will allow disciplinary records for individual police officers, firefighters or corrections officers to be released without their written consent.

“That’s a violation of their constitutional rights,” he said.

Ader pressed on with his idea, adding that people would be hesitant to speak up “if they don’t think they would get a fair shake.”

Rogers said he would bring his suggestion back to the village board for discussion.

Hayward informed the group about the department’s hiring process, noting expanded interviewing, a 27-page background check packet for both full- and part-time officers and the ratifying authority of the mayor and village board.

As far as diversity on the police force, he said only one person of color applied in his 18 years as chief, adding that that individual did not make it through the background process. He then mentioned that minorities comprise only 1.7 percent of the Le Roy population before noting that the department has hired five women.

When Hayward said that it’s “getting tougher and tougher” to attract good candidates, Ader asked if there was a residency requirement.

“There is and there isn’t,” Hayward responded, prompting Ader to say, “You sound like a lawyer,” (prompting a chorus of laughter).

Hayward explained how the Civil Service scoring system guides hiring before mentioning that Le Roy’s police department of 16 officers now has “more of a balance who live in the community,” which he called a positive thing.

On the subject of use of force, Hayward said his department is steered by guidelines from the Municipal Police Training Council and the International Association of Chiefs of Police, as well as having to abide by four large volumes of general orders.

He said that officers must intervene if they see that excessive force is being used and that shots cannot be fired at a moving vehicle unless the perpetrator is using deadly physical force.

Hayward said that currently his agency does not have a ban on chokeholds since “they haven’t been trained on chokeholds since the 1980s.” However, he is fervently against the use of chokeholds and said it could be included in the reform plan.

Other topics of discussion were as follows:

-- On accountability and transparency: Hayward said the “boiler plates are there, we just have to tailor it to our department.”

He said, once again, that he didn’t think the department is transparent enough and admitted that its record keeping and filing are substandard, but added that Deputy Clerk Eileen Carmel is making great strides in correcting the situation.

-- On collective bargaining’s effect on internal discipline: Ader inquired if the contract with the union made it tough for Hayward to impose discipline.

“We’re hamstrung by village law, not the collective bargaining agreement, which is pretty standard,” Hayward replied, adding that he doesn’t have the power to discipline; that is in the village board’s hands.

Attorney Jake Whiting said that he thought the chief could be “the hammer” on disciplinary measures, but problems could arise “if he’s cherry-picking.” He suggested that maybe the chief could be given more power when it comes to discipline (a letter of reprimand, for example), with the board handling more serious charges.

-- On citizens’ level of trust in police: Whiting said the level of distrust of police and government is at “an all-time high” and only accountability and transparency will fix it.

Hayward said the perception is that “they’re going to cover for each other.”

-- On police officers’ role in mental health needs: Social worker Christine Gephart commented that school resource officers and police officers are part of the support system in Le Roy, which is important and unique to the community.

Hayward mentioned the department’s involvement in the Police Assisted Addiction and Recovery Initiative with Genesee/Orleans Council on Alcoholism and Substance Abuse, where intervention without arrest is at the forefront of the program.

-- On the timeline going forward: Hayward indicated that the group will meet again on Oct. 20 to identify and assess the current effectiveness of police practices and policies along with key metrics, with an eye on conducting public forums to gather recommendations.

Other tentative meeting dates are Nov. 17, Dec. 2, Jan. 14 and Feb. 28, but Hayward said he hopes to complete by Christmas the tasks of the Jan. 14 meeting – the sharing of the detailed plan with the stakeholder groups for final feedback, revised where appropriate and attain village board approval and ratification.

Cuomo’s Executive Order stipulates that community policing reform plans must be completed and submitted by next April to avoid the possible loss of state funding. Currently, the Le Roy PD receives $17,300 from New York State -- $5,850 for STOP DWI, $4,200 for Selective Traffic Enforcement Program and $7,250 for Law Enforcement Terrorism Prevention Program.

Other members of the Le Roy committee are Sean Ancker, police department representative; Lori Steinbrenner, business representative; Le Roy School Superintendent Merritt Holly, school representative; Jack Hempfling, clergy representative.

Also, Weldon Ervin, Laura Kettle and Monica Scarlotta, citizen representatives; Mary Margaret Scanlan, mental health representative; Kevin Finnell, district attorney’s office, and James Farnholz, Le Roy town supervisor.

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

The City of Batavia Police Collaboration Advisory Stakeholder Group meets at 6 o’clock tonight at the City Centre Council Board Room.

The Genesee County Sheriff’s Department advisory group has set a meet-and-greet for 7 p.m. next Wednesday at the Old County Courthouse. Sheriff William Sheron will make a presentation at a full meeting of the Genesee County Legislature at 5:30 p.m. Oct. 28 at the same location.

Photo: The Village of Le Roy Police Reform and Reinvention Collaborative​ listen to Chief Chris Hayward (blue shirt) on Wednesday night. Photo by Mike Pettinella.

After a trying, stressful and – ultimately – successful time managing the Primary and Special Elections in June, Genesee County Board of Elections commissioners say they are reenergized and ready to tackle the national Election Day next month.

“We are full staff now and we’re prepared as we can be for the big one,” said Republican Commissioner Richard Siebert on Wednesday afternoon during a departmental review for the Genesee County Legislature’s Ways & Means Committee at the Old County Courthouse.

Siebert and Democratic Commissioner Lorie Longhany recapped their efforts during the June 23 Primary and Special Elections for the 27^th Congressional District prior to outlining plans for the Nov. 3 general election.

Calling it a “year like we have never experienced before,” the officials stated that the COVID-19 pandemic and the ever-changing guidelines from Albany made it very difficult for their team of poll workers, inspectors and technicians.

Beyond the state-mandated coronavirus health and safety protocols that were put into place at 24 polling sites, the local election office had to send out 40,000 absentee ballot applications – paying for printing and postage both ways.

“It was a big expense to the county,” Siebert said.

The commissioners reported their deputies “worked tirelessly and seamlessly to navigate through each Executive Order, delegate job duties to various county employees who helped with the large volume of election mail and to run point on every aspect of this most difficult election, including post-election absentee ballot counting.”

Siebert said the technicians charged with preparing the ballots had to program the electronic voting machines for six elections. Unable to meet strict deadlines and without scannable absentee ballots, staff had to hand count approximately 5,000 ballots.

Longhany noted that the teamwork of election workers on both sides of the political aisle and the assistance of Genesee County employees – led by County Manager Matt Landers and Human Resources Director Anita Cleveland – enabled the Board of Election to fulfill its duties and provide all the opportunity to vote without unreasonable wait times.

“We received a great deal of help from around the county,” she said. “It showed how cooperation is the name of the game for us.”

Siebert said the four complaints they received were addressed “and satisfied with explanation,” while Longhany added that an issue at the 400 Towers senior apartment building at East Main and Swan streets has been rectified.

“With the COVID and (having a senior population), they didn’t want us there, but they’ve come back on line with us for the general election,” she said.

Both officials said they are prepared for around an 80-percent turnout of the county’s 37,000 eligible voters for the November election.

They reported that 4,000 absentee ballot requests have been processed thus far, and that training is ongoing for 200 poll workers to use new electronic poll books in addition to their other duties.

Siebert said the electronic poll books are advantageous in that “it will tell us if a person has already voted.”

Additionally, Longhany said the absentee ballots for the coming election will be scannable – enabling workers to count the 6,000 to 7,000 they expect to receive in a timely fashion.

In summary, the commissioners thanked the legislature for its support -- both financially and by providing volunteer hours -- to ensure voters have the opportunity to “exercise their rights and feel confident in the integrity of our system.”

In a related development, the Ways & Means Committee forwarded a pair of resolutions concerning “chargebacks” to the county’s 13 towns and the City of Batavia stemming from costs incurred during elections in 2019.

The first authorizes the county treasurer to bill the municipalities for $7,794 in charges for expenses during the early voting period of Oct. 26-Nov. 5, 2019. Those charges range from $233 in the Town of Bethany to $1,817 in the City of Batavia.

The second allows the county treasurer to bill the towns and city for $54,785 in charges related to training and per diem fees for poll workers, inspectors and coordinators during the local primary (June 25, 2019) and general election (Nov. 5, 2019). Those charges range from $1,470 in the Town of Pavilion to $19,450 in the City of Batavia.

Landers said the county’s real property department will notify all the municipalities of the charges this year with the expectation that the county treasurer will bill and collect what is owed in 2021.

Alice Ann Benedict is in only her fourth month as president of the Board of Education for Batavia city schools but she's already looking to make a significant change to a board policy that she said has bothered her for a long time.

Under the previous leadership of Pat Burk, who resigned suddenly over the summer, if a member of the public came to a board meeting and asked a question, Burk would inform the speaker, "We don't answer questions from the public."

Benedict wants to provide the public with public answers to board questions.

She brought the issue to the board's attention at Monday's meeting and Superintendent Anibal Soler Jr. suggested after the board discussion that the board hold off on changing the policy until staff can formalize the language and make a recommendation.

If the board adopts Benedict's suggestion, the district will offer a form on the district's website where members of the public could ask questions of the board. If the question is submitted prior to a set deadline -- such as 5 p.m. on the Thursday before the board's Monday meeting -- then either the board president or the superintendent would prepare an answer. At the next board meeting, during the "public speaks" portion of the agenda, the question and answer would be read aloud. 

Currently, Benedict said, if a question is sent to the district, either she or Soler answer it and the board never sees the question unless Benedict forwards it to them. Benedict would like the entire board to be informed of questions from the public.

During COVID-19 restrictions, members of the public are not attending meetings but once restrictions are lifted, Benedict wants the board to have in place a policy that would allow members of the public to ask questions. If questions are submitted in advance, they will be answered at the meeting. If not, the board president or superintendent will answer the question at a subsequent meeting.

Benedict expressed concern that some people, like herself, are not "quick on their feet" when it comes to answering questions, which is why she wants a built-in delay on answering questions so there is time for research and consideration.

"I always felt like before when I was on the board, I never liked the idea that if a community member took time to come to the board to make a comment or ask a question, we would never answer," Benedict said. "We would never answer the question. That really bothered me."

At first, Trustee Shawna Murphy seemed a little confused by the suggestion, noting that the public has always been allowed to speak at meetings.  After Benedict spoke more about her idea, Murphy said, "sounds beautiful."

Soler said it usually takes two readings for the board to adopt a new policy. He said the policy should incorporate best practices for dealing with public speakers and also suggested the policy should mimic what he said other districts do, which requires public speakers to sign up to speak hours in advance of the meeting "so people can't come and disrupt the meeting."

Batavia city schools are looking at a nearly $5.5 million revenue shortfall in the current fiscal year due to the global pandemic that has caused an economic retraction, and dealing with that shortfall is likely to mean the district needs to cut services and personnel, Superintendent Anibal Soler Jr. informed school board members on Monday night.

Soler told the board that state aid has been cut by 20 percent, or $425,000, so far. The state says it is "withholding" the funds but there's no guarantee the funds will be backfilled, nor that there won't be more "withholding" during the remainder of the year.

The state is facing a $16 billion budget shortfall and the deficit over the next four years is expected to grow to $66 billion.

That doesn't bode well for the future of school funding, Soler said.

The superintedent said he was trying to present the board and the community with a realistic picture of the situation the district finds itself in through no fault of its own.

"If we don’t sound the alarm now and it gets sounded for us, we may be seen as not being as transparent as we can," Soler said.

While a lot of people suggest cutting things like supplies and materials, that's only 2 percent of the school district's budget. The biggest portion of the budget goes to payroll and benefits -- about 70 percent, so if it becomes necessary to cut spending, that will be the area where the district can make up much of the projected shortfall.

"At $5.4 million, you start doing the math and that's a significant number of services or employees we have to change," Soler said.

The total district budget is $51,470,726 and is supported by $27,477,066.

The unknowns at this point is: Whether there will be a round of 20-percent withholding in August and December and whether Congress will at some point approve a stimulus package that includes funding for schools.

Soler said state education officials are leaning heavily on the idea of waiting to see what happens after the election.

If the cuts turn out to be permanent, Soler outline several possible responses:

• Cut teacher aides to four days a week for a savings of $301,210;
• Cut custodial work to four days a week for a savings of $246,126;
• Go to 100-percent remote learning to cut transportation costs by $576,000;
• Eliminate activities such as music for a savings of $143,551;
• Cutting athletics could save $284,089;
• Increasing class size to 28 pupils per teacher, the maximum allowed by the current union contract, could save $630,000;
• Eliminating non-mandated staff, such as teachers for elective courses, non-graduation requirement courses, extra librarians, some tutors and counselors, an administrator, and some aides, could lead to another $3 million in savings;
• Eliminating the school resource officer would save $54,000.

What to cut and how much is a matter of priorities and a balancing act, Soler said. For example, eliminating transportation would mean a cut in state aid for transportation in future years.

Also on the table for discussion, Soler said, is a dramatic tax increase. He took notice of the possible 89-percent property tax increase in the Town of Batavia as an example of the tough budget choices the pandemic is forcing on local governments.

"Obviously, I'm not saying that's our approach but we're probably not going to be able to come out of this with no tax increase," Soler said. "It's tough because they're (property owners) are also struggling with these economic conditions."

Board Member Shawna Murphy wondered out loud why the idea of a tax increase was such a heinous idea. She suggested most people in Batavia could handle a tax increase.

Another board member spoke up (it was hard to identify the speaker on the livestream of the meeting) and said many older residents have already put their children and their grandchildren through school and now live on a fixed income. She was hesitant to burden them with a tax increase.

"I have more concern for the older property owner," she said. "Their home is the last thing they're clinging to and we're asking them to make quite a sacrifice when they have no children in the system."

The district does have about $1.75 million in reserves but that money will run out quickly if other action isn't taken, Soler said.

The district will know much more about its financial situation by the Nov. 23 board meeting, Soler said. Until then, he said, the district needs to remain "stay the course and remain Batavia Strong" and study its options.

On another budget item, the board unanimously approved an amendment to the superintendent's contract that granted Soler a $4,800 annual raise, bringing his compensation to $164,800 per year. The board did not discuss the salary increase prior to the vote.

The Genesee County Planning Board on Thursday will consider a referral from Paul Marchese, doing business as Just Chez Realty LLC, for a special use permit and downtown design review for improvements to the Main Street Pizza building at 206 E. Main St.

Documents submitted to the planning board reveal that the applicant wishes to create two apartments on the second floor and change the exterior of the building that is located in the Downtown Business Improvement District.

A letter dated Sept. 29 from Doug Randall, City of Batavia code enforcement officer, to county planners and the City Planning & Development Committee indicates exterior changes involve: adding an entrance door on the south side; replacing windows; and changing the nameplate on the north (front) of the building from MANCUSO to MARCHESE and installing “up lighting” on that side.

Additional enhancements include: removing existing awnings and exposing the original transom windows; installing a new aluminum-clad wooden door on the north side; and installing new aluminum-clad wood windows/door storefront in the center bay.

The special use permit is for “restricted residential use” to allow the two second-story apartments in an area currently used as office space.

Following a recommendation by county planners, the referral will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

The $489,000 project has been awarded $137,600 from the Batavia Development Corporation’s building improvement fund through the Downtown Revitalization Initiative.

BDC Executive Director Andrew Maguire said the project will be completed in two phases, with the second phase featuring the creation of three additional residential units upstairs.

Other referrals of note on this week’s Genesee County Planning Board agenda:

• Review of zoning text amendments from the Town of Byron for a local law governing solar energy systems as they relate to the town’s comprehensive plans.

Planning Director Felipe Oltramari said smaller solar projects such as those on building rooftops, on private property and that connect to the electric grid technically are not allowed unless a local law such as this is in place.

Large-scale solar energy systems, including those under Article 10 in New York State, are not bound by local solar energy laws, but generally attempt to follow those guidelines, Oltramari said.

Currently, the Town of Byron is engaged in negotiations with NextEra Energy Resources on the Excelsior Solar Project, a 280-megawatt, 1,700-acre venture being developed under Article 10 with oversight by the state Board on Electric Generation Siting and the Environment (Siting Board).

• A zoning map change request by James Barsaloux in order for him to add local craft beer, food and live entertainment, specifically music, to his farm market operation at 8041 E. Main Road, Le Roy.

He is seeking a change in zoning from R-1 (residential) to C-2 (commercial), noting that the farm market business is a “grandfathered use in its current R-1 zone.”

Oltramari said that while the business is in an R-1 zone, it is surrounded by commercial ventures along East Main Road. A large parcel in an industrial zone is located across the road from the farm market.

• A special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20). This comes on the heels of the granting of an area variance for the project in August.

The public garage will be used for vocational training to support a ministry for those in recovery from substance use disorders, with work limited to light repair, tires, brakes and routine service.