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Families invited to annual Warm the Night event at Batavia Middle School

By Press Release

Press release:

This Thursday, Nov. 19, from 4:30 to 6:30 p.m., Batavia Middle School and John Kennedy Intermediate are hosting a COVID-19 friendly event for all Batavia City School District families.

The annual Warm the Night will be held at Batavia Middle School at 96 Ross St.

Families are invited to come and pick out gently used and new winter clothing (including coats, hats, gloves, scarves and boots) for members of their family.

In addition, representatives from many community agencies will be available with information about their programs and services. The growing list of agencies includes:

  • Community Action of Genesee and Orleans
  • Catholic Charities
  • Blue Cross Blue Shield
  • AmeriCorps
  • Liberty Center
  • Neighborhood Legal Services
  • Connect 2-1-1
  • Batavia City Fire Department  

Also, Christina Kulesz, DC, a Batavia chiropractor, will be there for free chair massages. There will be other free giveaways as well, including free Timbits and hot chocolate.

St. James church basket raffle called off due to COVID-19, pie sale is still on, now selling tickets for Alex's chicken BBQ

By Press Release

Press releases from St. James Episcopal Church:

Due to COVID-19, the third annual Basket Raffle at St. James church is cancelled that was planned for this Friday (4 to 6 p.m.) and Saturday (10 a.m. to 2 p.m.).

However, the drive-thru Pie Sale/Pickup is still a go! To pick up or buy pies, enter between H.E. Turner & Co. funeral home (403 E. Main St.) and the church (405 E. Main St.). We will meet you at your vehicle.

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Also St. James Episcopal Community Women (ECW) is selling tickets for chicken BBQ dinners.

The meal includes a half chicken, coleslaw and potato. They are prepared by Alex's Place  -- and to be picked up by you -- at the Alex's Take Out, located at the side of the restaurant at 8322 Park Road in Batavia. What a great holiday gift!

Tickets are $11 and are valid for an order phoned into Alex's Place for nearly a year -- until Nov. 15, 2021.

For tickets, please call Carol at (585) 343-5177 or the church office (585) 343-6802, ext. 1.

Photo: Free coats from Community Action

By Howard B. Owens

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Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway until 2 p.m. at its location at 5073 Clinton Street Road. There are also canned vegetables and hats available.

In the first 90 minutes of the giveaway this morning, people picked up more than 100 coats.

Photo: Walt Almeter, Darlene Almeter and Ariana Green are ready to hand out more coats today.

City planners approve Ellicott Place elevator change, move variance for illuminated signs to ZBA

By Mike Pettinella

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.

Nine people hospitalized with COVID-19, highest number locally since start of pandemic

By Press Release

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.

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Law and Order: Stringham Drive man faces eight felony drug charges

By Billie Owens

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.

Gov. Cuomo called out for not releasing public safety communications money as mandated by state law

By Mike Pettinella

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

New Ellicott Trail Brochure Map available from Chamber of Commerce

By Press Release

Submitted image and press release:

The Genesee County Chamber of Commerce is pleased to announce the availability of a new Ellicott Trail Brochure Map.

“The Chamber has received numerous requests this year for a printed map of the new trail, so our office worked with Town of Batavia officials to make it available, in print and online, said Kelly Rapone of the Chamber. 

The 10-foot wide crushed stone multiuse recreational trail officially opened in July and has been created on 4.9 miles of old railroad beds, city streets, sidewalks, bike lanes and bridges.

The trail was a joint project involving the City of Batavia, the Town of Batavia and the New York State Department of Transportation and connects recreational, historical and residential areas and crosses the Tonawanda Creek.

“We are very happy with the public support that the trail has received,” said Town Councilman Chad Zambito. “I’ve heard many positive comments and our residents have really gotten out to take advantage of it.

"I’d like to personally thank all of those involved in its creation and thank the Chamber for promoting this community asset in a number of ways, including the website and new map.”

The brochure was designed by Matt Steinberg of Corfu’s Quackenstein Design and funded by area business sponsors, including Batavia Footcare Center, Bob Marchese, DDS, Licata Chiropractic & Wellness Center, Mancuso Commercial Realty and Tahoe Pines Wellness Center. 

Those interested in a printed brochure can pick up their free copy at the Chamber’s Visitor Center at 8276 Park Road, Batavia. The Visitor Center’s vestibule is open 24 hours for access to this and other area brochures.

It will also be available at the Town of Batavia office at 3833 W. Main Street Road, Batavia once it is reopened to the public. 

The brochure information is also available online at EllicottTrail.com.

Health alert issued after person who was at The Harvester tests positive for COVID

By Press Release

Press release:

The Genesee County Health Department has received a positive COVID-19 test from an individual who was at The Harvester tavern in Batavia last week Nov. 8th through the 14th. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who were at The Harvester anytime last week to monitor their symptoms for 14 days. If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information please visit: https://coronavirus.health.ny.gov/home.

The Harvester is a tavern located at 105 Harvester Ave., Batavia.

Now on Facebook and Twitter: Genesee County government to boost communication with citizens

By Press Release

Press release:

Genesee County today announced the launch of its official Facebook page (facebook.com/geneseecony) and Twitter account (twitter.com/geneseecountyny). The digital social media tools will be used to regularly communicate with the citizens of the County.

As COVID-19 continues to impact the community, the County plans to utilize the pages to communicate important health and safety measures along with general news about the county. Content will be in the form of graphics, videos, news articles and more.

“Given how COVID-19 has impacted our community, we felt the time was right to launch these channels to easily connect with our residents with and get information from their local government in a timely manner,” said Genesee County Chair Shelley Stein.

“Not only do we want to communicate with our community about the pandemic, we also want to showcase the many things that make Genesee County a unique and special place to live, work and play.”

“Creating social media channels is another way for us to communicate to residents and taxpayers, our businesses and visitors to our community,” said Matt Landers, Genesee County manager and Budget officer. “It’s also important that we are streamlining information with other county departments, especially the health department that has its own social media channels. This will enhance the efficacy of our communications.”

Batavia PD reminds everybody to buckle up

By Press Release

Statement from Batavia PD:

We will be participating in the Buckle Up New York (BUNY) and Click it or Ticket (CIOT) annual traffic safety initiative Nov. 16-29th. A reminder to all our citizens, effective Nov. 1, New York State implemented a "Universal belt law." It is now ILLEGAL for ANY PERSON in a vehicle not to be wearing their seat belt while the vehicle is in motion.

Seat belts have been proven to be one of the best ways to save your life in a crash. Yet, many still don't buckle up. Worse still, not wearing a seat belt is a habit that will pass on to impressionable youth who, in turn, will think it is safe to not buckle up.

The Click It or Ticket campaign focuses on safety education, strong laws, and law enforcement support to save lives.
Stay safe this holiday season!

‘Lighthouse Lounge’ social event set for Nov. 25 at The Recovery Station

By Press Release

Press release:

The Recovery Station at 5256 Clinton Street Road, Batavia, is hosting an alcohol- and drug-free social event on Nov. 25.

Open to community members 18 years of age and older, the activity will kick off a monthly activity known as Lighthouse Lounge at the center, a program of Genesee/Orleans Council on Alcoholism and Substance Abuse.

“We’re inviting adults who are interested in social interactions and events featuring movies, ping-pong, darts, karaoke, arcade games and much more,” said Chris Budzinack, coordinator of the agency’s reentry program. “Bring a friend, embrace a change of scenery and discover recovery with us!”

The event is scheduled from 5 to 8 p.m.

Budzinack said that all COVID-19 guidelines will be in force, including face coverings, social distancing and maximum occupancy.

He said reservations are not required, but staff members will be checking identification and will make sure that they don’t exceed capacity.

Bowling: Hyde wins Triple O Mechanical tournament at Rose Garden Bowl; Team Baney 1st at PAWS event

By Mike Pettinella

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In a battle of former Golden Gophers, Mickey Hyde of Le Roy defeated Mark Brown of Attica, 279-213, on Sunday to capture the 13th annual Triple O Mechanical Handicap Singles Tournament at Rose Garden Bowl in Bergen.

Hyde rolled 269 scratch (he received 10 pins handicap) to cap a high-scoring day and claim the $500 first prize.

It is the second local singles tourney victory for Hyde in a year for the Bank of Castile Le Roy branch manager, who placed first in the Genesee Region USBC Senior Masters last November at Mount Morris Lanes -- using his favorite ball, the Roto-Grip Uproar in both competitions.

Hyde averaged 239 scratch for his seven games – three in the qualifying round and four in the eliminator-style finals, where two of the four bowlers on each pair of lanes advance to the next round.

Brown, who rolled 202 scratch in the title game (11 pins handicap), pocketed $250 for placing second in the event, which drew 58 entries.

Both Hyde (1984) and Brown (1987) are graduates of Pavilion High School and are longtime friends.

They reached the title match by defeating a pair of 18-year-olds, Dennis Van Duser of Perry and Kyle Johnson of Batavia, in the semifinals.

With handicap, Brown rolled 246, Hyde 242, Van Duser 228 and Johnson 212.

Van Duser and Johnson each won $110.

Quarterfinalists, winning $55 apiece, were Peter Pilaroscia and Scott Dingman of Rochester, and Jerry Menzie Jr. and Rob Husted of Bergen. Husted rolled 234 in the second round, falling three pins short of overtaking Hyde for the second spot behind Johnson’s 262.

Other cashers ($40) were Frank Jarkiewicz of Byron, Mike Johnson of Batavia, Brian Weber of Perry, Jillian Menzie and Harris Busmire of Bergen, Chris Mathis and Marcus Germonto of Rochester, and Mark Mack of Le Roy.

Busmire (297) and Jarkiewicz (290) had the high games in the USBC-certified tournament.

In other tournament action:

  • Team Baney placed first in the PAWS Triples No-Tap Tournament at Oak Orchard Bowl in Albion over the weekend, rolling 2,562 with handicap to outlast 43 other teams for the $465 top prize. Members were Sammy Oddo, Matt Nolan and Paul Baney.

They were followed by Sticks 'N' Stones (Alishia Foss, Corey Winters and Bailey Hudson), $330, and El Leach (Derek Leach, Devon Leach, Josh Elliott), $275.

The top eight teams cashed in the event, which raised close to $2,000 for the PAWS Animal Shelter in Albion.

  • Bonnie Willey of Geneseo took top honors in the Class AA (75-and-over) division of the 35th Gladys Ford Memorial Women's Senior Singles at Livingston Lanes in Geneseo, rolling a tournament-best 676 series for the $150 first prize.

Carole Flicker of Lakeville was second at 661, winning $100. Other cashers were Dawn Bertrand, Wyoming, 656, $80; Bonnie Wass, Warsaw, 628, $50, and Joanne Reed, Livonia, 596, $30.

In Class A (70-74), Bernie Hotchkiss of Mount Morris placed first with 607, good for $85.

In Class B (65-59), Betsy Flint of Portageville was first with 596 ($85).

In Class C (60-64), Marian Gerhardy of Albion was first with 634 ($85), followed by Dawn Luckenbach of Caledonia, 626 ($57).

In Class D (55-59), Penny Brown led the way with 633, winning $85, and Lisa Granger of Silver Springs was second with 584 ($57).

In Class E (50-54), Diane Hurlburt placed first with 584 $60).

Thirty-four GRUSBC members competed. The GRUSBC contributed $200 to the tournament.

Photo: Tom Sardou, proprietor of Rose Garden Bowl in Bergen; Mickey Hyde, Mark Brown. Photo by Mike Pettinella.

Sheriff supports more training on implicit, racial bias; applauds success of school resource officers

By Mike Pettinella

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.

Rochester man picked up in Liberty Street drug raid avoids jail, placed on probation

By Howard B. Owens
leemugmarch2019.jpg
         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.

Sponsored Post: Legacy Insurance Group would like to thank you

By Lisa Ace


I would like to thank the Batavia community for their support and making me feel welcome as the new kid on the block. I have had representatives from local businesses stop in to welcome me, and numerous calls from community residents looking to use my services to help them with their insurance needs.

Thank you to The Batavian for the exposure, as many of those callers mentioned seeing my grand opening coverage on your website.

Thank you to the Genesee County Chamber of Commerce for the interviews and the ribbon cutting celebration, and to my clients, United Healthcare Manager, fellow UHC Agent, and my family for taking your time to be part of my exciting day.

Although I don’t currently have set office hours, I am ready and willing to help you navigate the often-confusing Medicare choices, or help you get started with Medicare as you become eligible.

I can help you decide which UnitedHealthcare Medicare Advantage plan is best for your needs, or, help guide you through the NYS of Health Marketplace options. Just three weeks left of Medicare Annual Enrollment!

Other offerings include life insurance, telemedicine plans, shared health (ministry) options, and AFLAC. 

Please feel free to contact me at (585) 409-1041 for an appointment, or stop by 212 E. Main St., suite #1, to say hi! I’m two doors down from The City Church, right between Brighton Securities and T.F. Brown’s driveway.

County active COVID cases hit 142 with new round of positive tests

By Press Release

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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.

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Neighborhood Legal Services presents free Zoom clinic Wednesday on housing and evictions

By Billie Owens

Neighborhood Legal Services Inc. will present a FREE virtual legal clinic via Zoom on housing and evictions from 5 to 6 p.m. on Wednesday, Nov. 18.

Know your rights!

Presenters are Allyssa Bergsten, Esq., and Michael Garrett, J.D., and topics include:

  • Types of evictions
  • Eviction process
  • Tenant Safe Harbor Act defenses
  • CDC defenses
  • Resources

There are two ways to access the presentation.

  1. Facebook Live
  2. Call in on Zoom: phone 1-646-558-8656; when you hear "Enter meeting ID," enter this code -- 920 7422 0762; then when you hear participant ID, press the # key.

Neighborhood Legal Services has an office in Downtown Batavia at 45 Main St. Phone is 343-5450.

For more information on the Zoom legal clinic, call Katelyn Niedermier at (716) 847-0650, ext. 252, or email her at:    KNiedermier@nls.org

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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