An attorney for a 32-year-old Alabama man in court to be sentenced on multiple crimes expressed regret Wednesday that his client had missed his chance at a drug rehab stint before the man rammed his car into another vehicle on Bliss Road in Oakfield in December.

The timing just didn't work out Christian Catalano suggested before recommending a minimum prison sentence for Jason Allen Klinkbeil on his convictions for grand larceny, 3rd, and falsifying business documents -- one and a half to three years on each count to run concurrently.

Klinkbeil had also previously admitted to first-degree vehicle assault and Victor Mui represented Klinkbeil on that conviction.

The assault incident occurred less than two weeks after Klinkbeil was indicted by the grand larceny on the falsifying business records counts; Mui also asked for a minimum prison term.

Both attorneys said Klinkbeil doesn't have much of a criminal record, noting only one felony conviction for aggravated unauthorized operation, 1st, and should be given some consideration for his admission of guilt and seeking treatment for his substance abuse problem.

Catalano said his client was addicted to opiates.

For his part, Klinkbeil told Judge Charles Zambito that he takes responsibility for his actions and recognizes he has a drug problem he needs to address. He said he's been working and taking care of his family since his arrests in December.

"I realize I had a lot of wrong views before I had a family," Catalano said. "That's why I'm here today, trying to get things straight so I can get back to my family."

At the start of the hearing, Mui said his client wanted to ask for a two-week continuance in the sentencing so he could spend more time with his kids. District Attorney Lawrence Friedman said he saw no reason to delay the sentencing and Zambito denied the request.

Friedman had asked Zambito to impose the maximum possible sentence under the terms of the plea agreement, which was five and a half to 11 years.

Zambito said Klinkbeil's criminal actions are an example of "the harm substance abuse or alcohol abuse can produce, not only for yourself but for people around you and people you don't know."

The grand larceny charge, Zambito noted, involved a theft to obtain more drugs, and the falsifying business documents charge stemmed from trying to pawn items taken from a friend.

In the first case, Zambito said Catalano was right. That might have been a case that was eligible for transfer to drug court but in the second case, Zambito said he didn't believe Klinkbeil had accepted responsibility for his actions. Zambito had said that Klinkbeil had in some prior statement tried to blame his friend for the situation.

Klinkbeil, who had mostly been sitting between his attorneys at the defense table with his head down, looked at Zambito at this point and sat forward as if he was about to speak.  He didn't.

Zambito sentenced Klinkbeil to one and a third years on the grand larceny conviction and two to four years on the falsifying business records conviction, with the sentences to run concurrently.

Klinkbeil was sentenced as a second felony offender because of a prior aggravated unlicensed operation conviction, 1st. Contrary to the attorney's statements that Klinkbeil has a minimal criminal record, Zambito noted he's been arrested multiple times and that he had a prior probation violation.

Klinkbeil's prior criminal record includes arrests for:

• Possession of a controlled substance, 7th, in Le Roy in July 2012
• Criminal trespass, 3rd, in Le Roy in September 2012
• Petit larceny in Le Roy in February 2013
• Petit larceny in the City of Batavia in March 2014
• A DWAI in Livonia in May 2016
• Petit larceny in Greece in July 2016
• AUO, 1st, in Livingston County in October 2016

On the business record charge, Zambito also ordered Klinkbeil to pay $372.60 in restitution.

Then Zambito turned to the vehicular assault conviction, which he said was the far more serious charge, calling it a "road rage" incident.

"You put the physical safety and lives of others at stake," Zambito said.

The judge noted the incongruity of Klinkbeil's desire to take care of his family and the fact that his wife was in the car at the time of the incident.

"This was all fueled by substance abuse," Zambito said. 

When Zambito reiterated that Klinkbeil didn't seem to show any remorse for the falsifying business records, Klinkbeil did speak up but Catalano told him not to speak.

"There must be a prison sentence but must it be the max?" Zambito said. "I'll give you the benefit of the concurrent sentence and give you three-and-a-half to seven years."

Editrudis Zavala-Palacio, 52, is accused of first-degree rape with forcible compulsion stemming from an incident which occurred in 2009 at an upper apartment in the first block of Jackson Street in the City of Batavia. He was arrested this month on July 7 at 5:30 p.m. and arraigned in Batavia City Court. He was put in jail on $200,000 cash, $400,000 bond, or $400,000 partially secured bond. No upcoming court date cited. No information provided about the investigator(s).

Shacerie Rivera, 24, was arrested at July 14 on Liberty Street in Batavia and charged with second-degree criminal assault and criminal possession of a weapon in the fourth degree. It is alleged that at 10:23 p.m. July 13 that she cut a person in the arm with a knife; then she is accused of interfering with police as they attempted to take another person into custody. Rivera was arraigned in Batavia City Court and released under the supervision of Genesee Justice. Rivera is due back in court on Aug. 11.

Marquele Tomlin, 30, is charged with second-degree reckless endangerment after a lengthy investigation into a report of an armed robbery at 1 a.m. May 30 on East Avenue in Batavia during which Tomlin was shot. The investigation began about 2:45 the same morning when members of the Batavia Police Department were dispatched to UMMC for a report of a victim with a gunshot wound to the hand. Tomlin stated that he had been shot during a robbery earlier in the night while walking on East Avenue, somewhere between Vine and Elm streets. Police officers, detectives and a canine scoured the area, but were unable to located any evidence of a crime scene. Several other areas of interest through the city were also checked with negative results. Detective Jason Ivison watched hours of security footage and interviewed dozens of people during the course of the investigation. Tomlin is accused of operating a vehicle with a loaded and unholstered firearm on his lap in reckless manner, which caused the firearm to discharge. According to the police report, Tomlin shot himself in the hand and the bullet exited the vehicle in the area of East Avenue and Batavia Middle School, causing a substantial risk of serious physical injury or death to another person. He was released on an appearance ticket and is due in Batavia City Court July 27. There is an ongoing investigation into the vehicle Tomlin was operating that night and a vehicle of interest has been identified. If anyone has information relating to this case, please call Detective Ivison at (585) 345-6312 or through the confidential tip line at www.bataviapolice.org.

Melanie Marrero, 20, is charged with obstruction of governmental administration in the second degree and second-degree harassment. At 10:31 p.m. July 13 on Liberty Street, Marrero was arrested after a complaint that she failed to comply with officer commands, physically resisted arrest and spit on police officers. She was issued an appearance ticket for July 20 in Batavia City Court then released.

Donald Ernest Yott Jr., 32, of Alexander Road, Alexander, is charged with: criminal possession of a weapon in the third degree -- high-capacity ammunition feeding devices; a second count of criminal possession of a weapon in the third degree -- an assault weapon; and criminal possession of a firearm. On July 20 at 4:20 p.m. Yott was arrested on the charges and arraigned in Alexander Town Court. The charges stem from a search warrant executed by the Genesee County Sheriff's Office on Sept. 6. Yott was released on his own recognizance and is due back in court Sept. 14. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Andrew Mullen.

Eric Doleman, 51, and Amanda Bowles (no age provided) were arrested and charged with petit larceny. It is alleged that at 9:37 a.m. on July 14 that they took eight pocket knives from a convenience store on East Main Street in Batavia. They are accused of fleeing on foot and were subsequently taken into custody at a separate location. Both were issued appearance tickets and are due in Batavia City Court for arraignment Aug. 3.

Antonio Goodson, 31, is charged with petit larceny. On July 12 at 12:18 p.m., Goodson was arrested for stealing two 30-packs of Budweiser beer from Save-A-Lot in Batavia. He was released on an appearance ticket and was due in Batavia City Court on July 20.

Cynthia M. Gosier, 36, of Maple Street, Batavia, is charged with petit larceny. After an investigation, Gosier was arrested July 17 on suspicion of shoplifting from Walmart. She was issued an appearance ticket returnable to Town of Batavia Court on Aug. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Travis DeMuth.

Nicholas O'Connor, 30, is charged with unauthorized use of a motor vehicle in the third degree. At 11:04 p.m. on July 4, he was arrested for allegedly keeping a vehicle beyond the time frame agreed upon with the owner. He was issued an appearance ticket and is due in Batavia City Court July 27.

After waiting nearly three months for visual screening projections from representatives of a proposed 1.65-megawatt solar system on land owned by the Genesee Gateway Local Development Corp., the Batavia Town Planning Board got its wish Tuesday night and then took only 12 minutes to approve the site plan and special use permit for the project.

James Taravella, senior civil engineer with LaBella Associates in Orchard Park, had the visualizations in hand as he appeared before the board at its monthly meeting at the Batavia Town Hall on West Main Street Road.

The venture, known as Batavia Solar LLC, calls for the placement of the ground-mounted solar farm at 99 Med Tech Drive, off R. Stephen Hawley Drive across from Genesee Community College.

Taravella showed photos from three different vantage points – east of the property of Robert and Michelle Wood, who reside just east of the site; the corner of R. Stephen Hawley Drive, and the Med Tech Building parking lot. The photos depicted the location as it looks now, the expected condition at the time of planting, and projections five years from now and 10 years from now.

He also said he talked with the Woods earlier in the day and said the couple will be involved in the screening process throughout the project life.

“As we’re out there, they’re more than welcome to say, ‘Hey, can you move that over?’, and they can have direct input on their actual final placement because it’s right by their house,” Taravella said. “One of the things Michelle made really clear was that she would rather have this than have Benderson come in and build a plaza behind her house.”

Planning board member Steve Tanner said he appreciated the simulations but the solar panels, being on a perched hill, will be visible.

“No matter what you do, when you drive down the road, it’s still going to be there and you’re still going to see it,” he said, comparing it to the solar farm on Batavia-Elba Townline Road that is in plain sight.

Following Taravella’s brief presentation, planners accepted the site plan contingent upon town engineering approval and a decommissioning bond, and the special use permit that includes regular maintenance and the installation of no more than three utility poles.

Board approval had been delayed – and tabled -- three times due to the fact that the visual screening projections had not been submitted.

Photo: View from Med Tech Building parking lot, looking east. The Robert and Michelle Wood residence on Batavia Stafford Townline Road can be seen in the background. Photo by Mike Pettinella.

“Explore (the) reduction of parking and increase green space. Goal: no parking.”

With that note to himself penciled in along the border of a sketch design showing a proposed parking lot where the Genesee Area Family YMCA currently sits, Michael Mistriner is going back to the drawing board in an attempt to zero in on a final site plan for the Healthy Living Campus project.

Mistriner, principal architect for Clark Patterson Lee in Buffalo, and David Ciurzynski, project manager, appeared before the City of Batavia Planning & Development Committee on Tuesday night, presenting their ideas of how the $30 million Downtown Revitalization Initiative venture should look upon completion sometime in 2023.

Members of the PDC, while thoroughly impressed with the design of the building that would house a new Genesee Area Family YMCA and medical offices affiliated with Rochester Regional Health and United Memorial Medical Center, weren’t totally on board with other aspects of the site plan. Specifically, the lack of green space along Main Street and a proposed entrance/exit into the campus from Summit Street.

The scope of the project calls for razing three buildings on East Main Street – the existing YMCA, a medical office building (former Cary Hall) and a maintenance building. The proposed new facility will include the two-story, 69,420-square-foot building, off-street parking, new access point from Summit Street and site work/landscaping throughout the complex.

All of the parcels involved have been rezoned from P-2 (Planned Development) to C-3 (Commercial).

PARKING VERSUS GREEN SPACE

Ciurzynski, Mistriner and UMMC President Dan Ireland indicated that their intention was to balance the amount of parking around the facility with green space, contending that additional parking would be necessary to accommodate the anticipated increase in business.

The current site plan does show some green space closer to Main Street, backed by a hedgerow to screen that from a 50-space parking lot that is next to the Genesee-Orleans Regional Arts Council building and bumps up against the east wall of the Office for the Aging building.

“This (the green space) comes out as a flat surface and you can see people exercising (in a rendering) so the idea is we want to get out of the building; get on the street and really take advantage of that and building a program around it,” Mistriner said.

The site plan also shows a walkway between the new YMCA/UMMC facility and the Main Street parking area.

“We’re in talks with the GO ART! people to find out how we can utilize the space to activate the music courtyard that they have there and give us a nice visual,” Ciurzynski said. “We want to encourage activity between the two buildings … with hopes that something in the future could go here.”

Planner David Beatty said he liked the idea of green space there, but suggested that it be increased at the expense of eliminating some of the parking. It also was noted that in a Commercial zone, there are no minimum requirements for parking.

BEATTY: MORE OF THE GREAT OUTDOORS

“You have a new building … and we have some minimal ideas about outdoor space,” he said. “You talk about healthy outdoors, well there’s not that many outdoor spaces. So, that’s one of my basic problems about the site."

Beatty said he didn’t see the space being created by the removal of the existing YMCA as being fully utilized, and that prevents residents from getting the most benefit from what is supposed to be a “healthy living” setting.

“Right now, you’ve got little spaces, outdoor spaces, and you’ve got parking lots,” he added.

PDC Member Rebecca Cohen agreed with Beatty, adding that as it currently stands, the campus “doesn’t look like it’s functional.”

Mistriner said he understood where they were was going and drew lines on the design drawing that would expand the green space farther north, about halfway into the proposed parking area.

Later, as they concluded the review and had persuaded Mistriner to rethink the layout, Beatty said, “Ideally, I don’t want any parking there.”

“Outdoor space – it’s a huge opportunity for your facility,” Beatty said.

Ciurzynski replied, “We’ll just have to finish our study on the parking to see what … You have to understand that a significant amount of that parking space will be taken up during regular business hours for the clinic that is on the second floor. We’ve got to balance all of that out.”

IS SUMMIT STREET ACCESS NECESSARY?

PDC members Ed Flynn and Cohen said they questioned the need for an entrance/exit driveway from Summit Street, which would use an open area owned by UMMC, located between two houses on the west side of the street. Plans call for landscaping and buffering with trees the driveway.

Cohen mentioned the amount of vehicle traffic on the street, considering that St. Joseph’s School and Resurrection Parish are on the east side of the road, and also pedestrian traffic of pupils from that school and the Batavia Middle School on Ross Street.

Ciurzynski said a traffic study showed that an access point from Summit is vital to the flow of traffic in and out of the campus, giving motorists an option other than Bank Street, Washington Avenue and (the one-way) Wiard Street. He said he didn’t believe it would interfere with school traffic.

“We would hope that most of this traffic coming out onto Summit Street would be making a right-hand turn whereas the school drop-off is more on the east side of the road, so they should be passing in opposite directions,” he explained.

In any event, before a Summit Street access point would become reality, the residents in that area would have to be contacted about the proposal and a public hearing would have to be held.

Cohen said she thought the project, overall, is “fantastic” but her biggest concern was “integrating it seamlessly into the community – making it walkable, making it more available, and not just a big block in the middle of our downtown.”

LIGHTING UP WIARD STREET

Earlier, Cohen brought up the issue of adequate lighting along Wiard Street, an area that she said “traditionally is a little dicey at night.”

Ciurzynski responded by saying that plans are to place wall lighting on the east side of the new building to illuminate the street, while not having lights shine on adjacent residential properties.

The consultants opened the review by providing samples of the building elements – brick, limestone, extensive use of glass, sunscreens and other environmentally friendly materials that wash easily and also complement the colors and designs of existing buildings in that downtown area. They also said they considered the height of adjacent buildings in their design of the Healthy Living Campus building to ensure a uniform look.

Ciurzynski said he was concerned about the delay in completing the State Environmental Quality Review, which must be done before a contract with the state Department of Health can be signed to release $7.5 million in grant funding for the UMMC portion of the project.

“If we don’t get the SEQR, we don’t finalize our contract and we can’t start drawing funds against that,” he said. “We really need to start drawing funds against that because we need to start some of the demolition and we still have design to pay for and things like that.”

Code Enforcement Officer Doug Randall said that since it looks as though the architects were getting closer to a final, approved site plan, that the environmental review could be completed soon, possibly by the PDC’s next meeting on Aug. 17.

Primary sources of funding are $4.075 million in DRI money for the YMCA and the DOH Transformation 2 grant for $7.5 million.

“The balance of it is other foundations and other fundraising that we have done in the area,” Ciurzynski said. “We will have to do conventional financing to build the project, so anytime you do a project like this and you have funding sources that are relying upon you spending the money, and getting reimbursed – as well as public support -- you have to have that money somehow in place for construction.”

He said that more than $11 million has been raised through fundraising efforts thus far.

“We’re getting there; we’re doing really well,” he said.

Photo at top: Michael Mistriner, left; Dan Ireland and David Ciurzynski present Healthy Living Campus site plan to City Planning & Development Committee, from left, Meg Chilano, Doug Randall, Rebecca Cohen, Matt Gray, Ed Flynn, Duane Preston, David Beatty and John Ognibene; photos at bottom: Mistriner and Ciurzynski; rendering of the building; overhead site plan with Main Street at the bottom of the drawing. Photos by Mike Pettinella.

For most of the day, Dr. Harry McCrea is a cardiologist, but on some days, during his breaks, he's UMMC's troubadour, singing and playing his guitar outside the hospital's main entrance.

Last year, during COVID-19, for a little stress release, he started bringing his guitar to work with the intention of sitting outside when weather permitted just so he could relax and practice.

Soon, he started drawing an audience. Other members of the UMMC staff found his music enhanced their own breaks.

The City of Batavia Planning & Development Committee on Tuesday night approved the site plan and special use permit application by Quicklee’s to renovate the former Bob Evans Restaurant at 204 Oak St. into a convenience store/fuel station with drive-thru restaurant.

Following a 10-minute discussion that focused on proper signage and traffic flow, the committee unanimously approved both referrals – giving the go-ahead on the site plan contingent upon developers adding “signage to direct vehicles going into the drive-thru from blocking the exit between the canopy and the building so they can exit out onto Noonan Drive.”

The special use permit allows Quicklee’s to operate as a convenience store and quick-service restaurant.

Patricia Bittar, director of land development projects at WM Schutt Associates, and Lou Terragnoli, director of real estate for Quicklee’s, appeared before the PDC at the City Centre Council Board Room in anticipation of gaining final approvals for the project, which was introduced (and reported first on The Batavian) in late April.

Plans call for the reuse of the 3,771-square-foot restaurant and involves construction of a four-pump fuel station island with canopy and underground fuel storage tanks. The convenience store with retail fuel sales will take up about two-thirds of the space, with the drive-through restaurant – Quicklee’s is in negotiations with Tim Hortons – using the remaining space.

Last month, the PDC conducted an environmental review, which showed no adverse effects, but held off on approving the site plan or special use permits until the applicant provided details on traffic flow patterns, including an updated study by the New York State Department of Transportation.

Also, in June, the city’s Zoning Board of Appeals approved area variances that permit the business to be within 500 feet of a church (Emmanuel Baptist at 190 Oak St. (corner of Noonan Drive) and to have 40 parking spaces instead of the required 68.

Questions from the PDC last night focused on signage on Noonan Drive to ensure that motorists are informed of the proper way to access the location as members were concerned about the stacking of vehicles, especially near the fuel pump island.

The DOT traffic study submitted to the PDC calls for the removal of a proposed right-out driveway (onto Route 98) and that “all site access utilize the existing Noonan Drive roadway.” Additionally, the internal access driveway will remain that connects to the Super 8 Hotel parking lot behind the restaurant.

The study also indicated that during peak times of 7:15 to 8:15 a.m. and 4 to 5 p.m., the business is expected to generate an additional 79 entering/71 exiting vehicle trips, and 53 entering/55 exiting vehicle trips, respectively. Terragnoli said the site plan can accommodate stacking of up to 15 cars.

Terragnoli said renovations of the inside of the restaurant and construction of the fuel island will start in September, with completion by the end of the year. Currently, the Quicklee’s chain has 23 locations – mostly in Livingston and Monroe counties.

Photo at top: Architect's rendering of the new Quicklee's business at 204 Oak St.

A motor-vehicle accident is reported on Main Street between Church Street and Oak Orchard Road in Elba.

Injuries are reported.

Elba fire dispatched. Mercy EMS, including a second ambulance requested to the scene.

UPDATE 6:57 p.m.: A first responder reports no vehicles blocking traffic. Two vehicles are parked in the driveway of a house.

UPDATE 6:58 p.m.: Only one vehicle had people in it. A third ambulance requested to the scene because three children were involved.

UPDATE 6:59 p.m.: Mercy Flight is not available.

UPDATE 7:03 p.m.: Darien Byron ambulance requested to the scene.

UPDATE 7:04 p.m.: Route 98 from Church Street to Oak Orchard is being shut down.

UPDATE 7:10 p.m.: An officer informs dispatch there was a single vehicle "occupied times five" struck a parked vehicle.

UPDATE 7:20 p.m.: Three children are being transported in three separate ambulances to Strong Memorial Hospital.

UPDATE 8:14 p.m.: Elba assignment back in service. The roadway is reopened.

Toxic smoke is reportedly blowing over the Thruway from a fire in Amherst.

The westbound Thruway is closed.

Emergency responders can use the Thruway to respond to a commercial building fire in Amherst.  

Pembroke, Indian Falls, Darien, Corfu, are on stand by for the fire.

UPDATE 6:54 p.m.: First responders are informed the Thruway is backed up with traffic.

Update: July 24, 9:30 a.m.

Comment from Anne Constantino, president and CEO of Horizon Health Services, which has an office in Batavia:

“We are grateful to the Attorney General for her success in this settlement that will absolutely deliver much needed resources in our efforts to prevent, combat and treat the serious public health crisis of addiction.”

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

The executive director of a local substance use prevention and treatment agency is hailing today’s announcement that four major pharmaceutical distributors are close to an agreement to pay out $26 billion to states and municipalities for their roles in perpetuating the nation’s opioid epidemic.

“Yes, this is welcome news and I’m just hoping the money ends up going to assist individuals and families struggling with opioid addiction,” said John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse. “It definitely is needed to stabilize the treatment system that has been impacted negatively by the recent pandemic.”

According to multiple media outlets, Johnson & Johnson, Cardinal Health, McKesson and AmerisourceBergen are near a deal that would resolve multiple legal challenges as well as pay for prevention, treatment and recovery services throughout the United States.

Genesee County Attorney Kevin Earl said it will be awhile before it is known how much money will be allocated locally.

The New York City law firm of Napoli Shkolnik PLLC is representing Genesee County as well as several other counties, Earl said.

“Most of the particulars are up in the air right now,” Earl said. “The county has retained this law firm to represent us in the litigation and they have advised us of the settlement with three of the distributors and Johnson & Johnson, but it’s too early to tell what Genesee County or any other participant in the litigation will get.”

A published report in today’s online edition of The New York Times indicates that the pact has yet to be finalized and “could still fall apart or have significant changes.”

The Times’ story also included the following:

-- According to lawyers familiar with negotiations, Johnson & Johnson, which made an opioid painkiller and a fentanyl patch and supplied opium-based ingredients to other drug manufacturers, would pay $3.7 billion in the first three years and $1.3 billion over the next six years. It had already shut down its supply business and discontinued its opioids, and agreed to refrain from selling opioids.

-- The distributors as well as several manufacturers are in the midst of a trial in a case brought by the State of New York and two of its counties. This morning, Letitia James, the attorney general for New York, announced a $1.1 billion deal with the distributors to settle that case. That money would be a part of the overall $26 billion settlement, but so far, it is the only deal that has been formally agreed to. Payments to New York State could begin in two months, Ms. James said.

Genesee County Manager Matt Landers said he was “fairly certain” that the money awarded to the county is for specific purposes, unlike the tobacco settlement, which gave counties more leeway to use the money for general operations.

“This money would have to go towards specifically combatting opioids,” he said. “So, it would lead to us partnering with agencies in the community to help deliver these services – agencies such as GCASA and others.”

Marcus Molinaro, president of the New York State County Executives Association, said in a press release that the settlement “comes at a crucial moment as counties across the state and nation grapple with a startling resurgence in overdose deaths.”

“No amount of money can bring back the lives lost to the opioid epidemic, but it can honor those lost by investing in prevention, education and treatment services to save lives,” he said.

“New York’s county executives were proud to work in collaboration with Attorney General Letitia James to pass legislation creating an Opioid Settlement Fund to ensure those most responsible for plunging us into this crisis, and not local taxpayers, pay for treatment, recovery, and abatement efforts critical to defeating this deadly scourge.”

Press release:

All are welcome to attend a meeting on the topic of "Divide NY Genesee Co." at 7 p.m. Monday, July 26 at Bethany Town Hall.

It is located at 10510 Bethany Center Road in East Bethany.

Attend to learn more about this plan and how we can begin to implement it here in Genesee County!

We ask that you please RSVP to: divideny.genco@gmail.com

Press release:

The Genesee County Youth Bureau is seeking applicants for the Genesee Youth Lead Program. Applicants should be a Genesee County high school student entering their freshman through senior year.

The deadline to apply is Sept. 3.

The eight-month program is focused on developing leadership skills within an individual through each specific session and through hands on experience. Each session will have a different focus on our community and leadership.

The Youth Lead Program will take place at GVEP BOCES beginning Oct. 13, 2021 from 9 a.m. to 2:30 p.m. and will be held once a month on the second Wednesdays of each month. Students will take the BOCES bus from their school to attend the program.

The program dates are: Oct. 13, Nov. 10, Dec. 8, Jan. 12, Feb. 9, March 9, April 13, and May 11.

Youth that complete the program are encouraged to use the skills and information gained through their experience to support the communities in which they live.

The selection process will be done through an application and interview process by the staff. The class size is limited.

The program will cost $75 for each student. If there is an economic hardship please contact the Genesee County Youth Bureau.

Applications for the program can be found at https://www.co.genesee.ny.us/departments/youthbureau/genesee_youth_lead.php

Please contact the Genesee County Youth Bureau with questions at (585) 344-3960 or at youthbureau@co.genesee.ny.us.

County officials -- understanding the impact that water has on the future of economic development -- are going all out in an effort to pump another 7.6 million gallons a day into the municipality.

On Monday afternoon, the Genesee County Legislature’s Public Service Committee recommended approval of four resolutions on measures designed to increase or enhance the water supply.

County Engineer/Highway Superintendent Tim Hens (photo at right) provided details about the resolutions as he looks forward to wrapping up Phase 2 of the Countywide Water Supply Program and embarking upon Phase 3, a $90 million project that would increase significantly the daily capacity of water.

All four resolutions likely will be on the agenda of the full legislature meeting on July 28 at the Old County Courthouse.

The four resolutions, with comments from Hens, are as follows:

-- A contract with the consulting firm of Clark Patterson Lee in the amount of $950,00 for a Basis of Design Report and Source Supply Change Studies for Phase 3.

“In Phase 2, which we started in the fall of 2019, at the outset we were kind of behind the 8-ball, so we rushed some things. We started working on the actual design documents for construction bidding somewhat concurrent with the Basis of Design, which is the document used for the Monroe County Water Authority to say exactly how they want things constructed,” Hens said.

“So, were doing a lot of things in parallel – the environmental work, the land acquisition – and, at the end of the day, even though we were trying to make things go faster, I think it just got more confusing for folks and it slowed down the review process quite a bit.

“This time, were not quite behind the 8-ball as we were with Phase 2 – we have a little bit of time, albeit not a lot, so we’re going to get the Basis of Design squared away with Monroe County so we know exactly how they want everything built, what types of pumps they want to use, what type of pipe material – things like that – and get that squared away before we actually put together construction documents for bidding.

“I think that will make the designs for the project move a little smoother and will make the timeline ultimately a little bit shorter.”

Hens said the Basis of Design outlines how the system will work: How the hydraulics between the Genesee County system and the Monroe County system mesh, and determines the required pump speeds and flow rates.

The $950,000 contract includes many “pieces and parts,” Hens said, adding that CPL will not be receiving all of that money (which is being expended from the County Water Fund).

“There are a lot of subcontracts for geotechnical exploration, contracts for land acquisitions and easements. Also, part of the contract is the Source Supply Change.

“With 7.6 million more gallons coming in through Phase 3, that’s enough to basically shut off the City of Batavia water plant. When we do that, the water chemistry from Monroe County is slightly different from the water chemistry in the City of Batavia.

So, if we’re going to replace the city water plant and use Monroe County water, we want to make sure the chemistry lines up and we don’t run into a Flint, Michigan-type of situation (high lead levels). There’s a fairly sizeable chunk of that $950,000 that is dedicated to doing the analysis on the water chemistry to make sure we don’t have that problem.”

-- Rejection of bids for construction of new chlorination stations for Phase 2.

Hens said that the county is at the midpoint of Phase 2, having completed water main work on Vallance Road and North Road in crossing the Thruway in Le Roy, water main work on Chestnut Ridge Road in Chili, new pump stations in Mumford and Churchville.

Several pump station upgrades are in the works in Le Roy and three locations in Monroe County, and another is being built on Golden Road in Chili. That construction is set to take place through the winter, with completion earmarked for next summer.

As far as new chlorination stations, Hens said the county solicited bids to contractors to build three small sheds spread out around the county that had little chlorination injection pumps in them to re-chlorinate the water once the chlorine dissipates.

“The bids we got back were ridiculous; they were probably three to four times more than we thought they were going to be,” he said, reporting that hopes of spending $200,000 for this project was going to be at least $600,000. “And we just don’t have the money to spend on these stations.”

So, Hens turned to Town of Batavia Engineer Steve Mountain, and they agreed that the town will install temporary, skid-mounted systems inside the bases of the water tanks. “That will fix the problem and a much cheaper cost,” he said. “The county will then reimburse the town for the expense.”

-- Rejection of bids for a disinfectant byproduct removal system within the Village of Oakfield water storage tank for Phase 2.

“So, THM (Trihalomethane) is a chemical that builds up in water over time as the chlorine dissipates and breaks down into other things. Typically, what you do is put a spray system into the storage tanks and it takes the chemical out of the water,” he said.

“Again, the bids for this were crazy expensive so we’re looking at doing a different method that's quite a bit cheaper, and we’re having conversations with the Village of Oakfield about that.”

-- A contract with the Carpi & Clay lobbying firm of Washington, D.C., for up to $60,000 to seek grant and other funding for Phase 3.

“There’s a lot of new money for infrastructure in Washington, D.C., right now; there’s a lot of money for water. With the cost of Phase 3, we want to get as much outside help as we can to get federal aid to support our projects, rather than putting it all on the backs of county residents,” he said.

The contract calls for the county to pay $7,000 per month to Carpi & Clay at least through the end of this year, with the stipulation that the firm provides detailed reports of its activities.

Hens said the original estimate for Phase 3 was $76 million but due to inflated construction costs, that figure likely will increase to $90 million or more.

The net result in water supply will be about 3.1 million gallons per day, he said, when considering that the 4.5 million gallons generated by the City of Batavia water plant will be removed from play.

“That still helps us considerably,” he advised.

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

HEAVY RAIN LIFTS GROUNDWATER LEVEL

Hens said that last weekend’s heavy rain has raised the groundwater levels up by about eight inches, a good sign for the aquifer heading into August.

“How the aquifer works is that you normally see your highest levels in March and early April,” he said. “Seasonally, as the snow melts and things start to dry out, the groundwater will drop in pretty much a straight line through the summer and into the fall. When you get into the November and December timeframe, sometime into early January, that drops stops and it starts climbing.

“We were on a path as of a week ago, the groundwater was dropping by a half-inch a day, pretty routinely. We were scheduled to drop by another six feet by December. We’re already pretty low; we probably would have been at record level lows by then.”

Hens said he sees the bump in the aquifer as just a temporary respite.

“I think we will continue to drop once we get through this wet period, but I don’t think our drop is going to be as deep as we thought it would be. The deeper the groundwater, the harder it is to pump,” he said.

“A lot of the spike in usage in the summer is related to people filling pools, washing their cars, watering their lawns and gardens – that’s where all the extra water usage comes from. We’ve seen that drop off substantially due to the amount of wet weather we’ve been having. That’s got us knocked back to wintertime water level usage.”

Hens reported that as of yesterday, per day water usage in the city was at 2.8 million gallons – down from the peak usage level of 4.3 million gallons, while Monroe County Water Authority usage dropped back from about 3 million gallons per day at the end of June to 2.2 million gallons per day.

Scott Bischoping has been named interim superintendent for Batavia City Schools following the resignation of Anibal Soler.

Bischopping was the interim superintendent following the departure of Chris Dailey and preceding Soler's appointment at the start of 2020.

Soler accepted an appointment as superintendent of the Schenectady school district.

"His knowledge and leadership will guide us into the new school year," the district said in a statement.

A Batavia City School District trustee who held up approval of a merger between the Batavia and Notre Dame hockey teams at the district's school board meeting on Thursday afternoon met with the schools' athletic directors and coaches and said he had his questions answered and looks forward to the agreement being on the board's next agenda.

The Batavian has attempted to clarify with John Marucci that his statement means he intends to vote in favor of the merger but he has not responded to two emails.

Three Four other members of the board have responded to emails and said they intend to support the measure. One hasn't responded.

Previously, The Batavian emailed five questions to Marucci about his apparent objections to the merger, trying to clarify his position and didn't get a response until yesterday. He didn't provide answers to the question but did make this statement:

I apologize for not getting back to you sooner. Just so you know that today at 3:15, I was able to meet with BCSD BOE President Alice Ann Benedict, BCSD AD Mike Bromley and hockey coaches Marc Staley and John Kirkwood. We had a very lengthy and thorough discussion about the proposed merger between Notre Dame and Batavia as it pertains to hockey. I feel very satisfied that I had my questions and concerns answered and look forward to having this item on our agenda for our August 5th BCSD BOE Meeting. 

At last week's meeting, Marucci expressed concern about other schools in the county being eased out of a combined hockey program with Batavia and that once current players from those districts have graduated, students at those schools would have to attend Notre Dame if they wanted to play hockey. He suggested Notre Dame recruits athletic students and that he was concerned the merger wouldn't be fair to Batavia students.

Our questions to Marucci included trying to find out how the merger wouldn't be fair to Batavia students. He didn't answer that question.

At the meeting, he said, "I just want clarification," and, "I'm not trying to be that guy but I guess I'm being that guy."

With two seats vacant on the board due to resignations and one person absent, Marucci's unwillingness to vote to approve the agreement meant there wasn't a quorum, so the board had to table the matter until its Aug. 5 meeting.

The merger would mean Notre Dame, which has won two sectional championships in recent years under Head Coach Marc Staley, and Batavia players would form a single unit.

Last week the schools announced the new team would be known as Batavia United.

Advocates of the merger argue that the merger would allow both schools to have a JV program, which will help produce a more successful program and end the dangerous practice of including JV-aged and -sized kids on varsity rosters.

And yes, students at schools such as Le Roy, Alexander, Oakfield-Alabama, and Pembroke, who want to play hockey in the future, will need to attend a private school such as Notre Dame. Which is how it was for those schools before Batavia, in a bid to increase its hockey numbers seven years ago, accepted those schools into its hockey program.

Since that realignment, Batavia has won 13 games with only two of those wins coming against Section V opponents and no wins against teams with winning records.

The merger is going to get the support of at least three trustees.

Statement from Alice Benedict:

I wholeheartedly support the Batavia Notre Dame Hockey merger. It will help both schools be able to offer hockey opportunities for grades 7 through 12.

Statement from John Reigle:

Thank you for reaching out to me regarding the hockey merger. 

As you are aware we tabled the agenda item at our last school board meeting for some final clarification and questions. It is a big decision for our district and I’m glad our board of education is putting in so much collaborative thought and consideration into the topic. Unfortunately, our athletic director and/or the coaches were unable to attend the last meeting to have more discussion on the topic. However, it is my understanding they were able to meet with our board president and Vice President yesterday to discuss. 

After speaking with some hockey families from both schools, along with learning more of Coach Staley’s & Coach Kirkwood’s goals and intentions for the United program, I am in favor of the merger. I look forward to bringing back a competitive hockey program to our city that the student-athletes, our schools, and our community are proud of. 

Statement from Barbara Bowman:

I am in complete support of the hockey merger because it will be advantageous to BHS and ND students and the community in general.

Newly elected Trustee Jennifer Lendvay did not respond.

UPDATE: Lendvay's statement: 

I am in favor of the merger of the BHS/ND hockey teams and look forward to seeing them play.

Press release:

Congressman Chris Jacobs (NY-27) held a press conference this morning with Jim Butera, president of the WNY Chapter of the NYS Restaurant Association and owner of Butera’s Craft Beer and Craft Pizza, to discuss the labor shortage caused in part by enhanced unemployment benefits.

“I consistently hear from small businesses in my district that have multiple open positions and cannot find anyone willing to work. In February, against numerous warnings, Democrats and President Biden forced through a massive partisan package filled with unnecessary spending. The result is they have made it more lucrative to stay home than to seek employment,” Jacobs said.

“This has become detrimental to our economic recovery, and many businesses are losing money, shortening hours, or closing down entirely because they cannot find employees. Unfortunately, this translates to longer wait times, higher prices, and shortages of numerous products families need.”

“The government keeps providing stimulus money instead of encouraging people to find and get employment, and it is hurting my business and all those around me," Butera said.

"This is equivalent to ‘give a man a fish and feed him for a day, teach a man to fish feed him for life.’ Our government needs to end disincentives, get back to working for the people, and make our economic recovery and small businesses a priority."

Jacobs introduced the Help Wanted Act (H.R. 3148) in May to combat these disincentives and prioritize our economic recovery. Specifically, the legislation: 1) restores work search requirements, 2) removes the expansion of unemployment to individuals who voluntarily left their job, and 3) clarifies that general safety concerns related to COVID-19 are no longer sufficient grounds to claim unemployment benefits.

“Our regional economy relies heavily on the service industry and manufacturing – the businesses hurt most by this government spending,” Jacobs said.

“The President’s reckless spending has forced businesses to compete with the government. As long as these benefits remain in place, businesses will continue to struggle from massive labor shortages, prices will increase, and supply chains will suffer. I call on the House to consider the Help Wanted Act to end these disincentives to work.”

A tree trimmer was dangling from a broken white harness while hanging 40 feet in the air. He was clutching onto the bucket of a work truck he was using at 10096 Perry Road, Pavilion.

He is now safely in the bucket, which has been brought down and he denies injury. Pavilion fire and Le Roy's ladder truck were responding but they are standing down. Mercy medics will continue in nonemergency mode to confirm everything's OK.

UPDATE: Reader-submitted photo.

UPDATE: The person who provided the picture asked us to take it down.

A two-car accident, unknown injuries, is reported at East Main and Clinton streets, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:21 a.m.: Eastbound traffic is being shut down at Harvester Avenue.

UPDATE 8:56 a.m.: No injuries. The white pickup truck was westbound on East Main Street. The black sedan was coming off of Clinton, making a right turn. The black car failed to stop at the intersection and struck the pickup, according to Sgt. Dan Coffey.

“I can’t wait to move back to the community and be part of it again. We’re really excited,” Wiedrick said by telephone Monday -- two days before the Elma native continues her career in government as a key member of the City of Batavia’s administrative staff.

Wiedrick (photo at right) said she came to understand “how great Batavia was" by having lived and worked here from 2006-13.

“Part of the reason (for taking the city position) is that my husband and I have two young kids and I’d like them to grow up a little bit the way I did,” said Wiedrick, who graduated as Jill Babinski in 2000 from Iroquois Central School. “I grew up in a small community – not that there’s anything wrong with the City of Rochester; I think it’s fantastic – but we wanted to try something different.”

She also indicated she decided to leave her job as manager of zoning for the City of Rochester to be closer to her parents, who continue to live in Elma.

“And, professionally, I’ve been really interested in city management and other facets of government. So, this seems like something that perhaps that I would enjoy and be successful at,” she said.

Education Includes Professional Certificate

A graduate of Geneseo State College, Wiedrick received her master’s degree in City/Urban, Community and Regional Planning and, this spring via online distance learning, earned a professional certificate in Municipal Finance from the Harris School of Public Policy at the University of Chicago.

She began employment with the City of Rochester as senior city planner in November 2013 before moving up to zoning manager in February 2020. She is credentialed with the American Institute of Certified Planners.

Wiedrick said that she relished her time as a Genesee County planner.

“I learned so very much and became such great friends with everyone. Jim Duval (the former planning director) was my first boss there and I cannot say enough awesome things about him. He continues to be a strong person in my life and a mentor,” she offered.

“And obviously, I worked with (current Planning Director) Felipe (Oltramari), who brings so much to the table in terms of helping the county and its municipalities be successful and how they want to look in the future.”

Oltramari said he was impressed with Wiedrick’s positive attitude and work ethic during her time at the planning department.

“Everyone always had good things to say about her work,” he said. “She was a hard worker -- very passionate about her work -- and I’m really glad that she is back in the area.”

Previously Interacted with City Manager

Wiedrick also interacted with City Manager Rachael Tabelski when the latter was employed as the marketing director with the Genesee County Economic Development Center.

“I got to know Rachael when I worked on projects with the GCEDC,” Wiedrick said. “On occasions we would be at the same meetings and run in the same circles, as far as development.”

Wiedrick said she is keen on economic development, stating that GCEDC officials and others realized that the Western New York Science & Technology Advanced Manufacturing Park project in the Town of Alabama was a long-term venture.

“Going into it, we knew that we weren’t going to see development occur immediately,” she said. “A lot of the things that you do in any sort of development is that you’re making an investment that is intended to be long term and to be developed over a number of years.”

She compared it to the planting of a tree.

“You don’t plant that tree for yourself; you plant it potentially for your children,” she said. “Much of development tends to work that way. In Western New York in particular, we’re planting the seeds now and we’re reaping the benefits maybe five or 10 years out.

“A good example is the City of Buffalo. Over the past 20 years, they’ve done a lot of small things and now we’re seeing the resurgence of Buffalo. Now, people are going, ‘Wow, how did this happen?' It has been calculated and people are taking steps knowing that we’re not going to see the benefits of these actions for a number of years.”

Promoting Genesee County

Wiedrick agrees that the $10 million Downtown Revitalization Initiative award will go a long way to expanding the city’s appeal and she is eager to have a role in its rejuvenation.

“To be a part of such a tremendous team, I feel that I am going to learn so very much from, and to have an impact on a place that is near and dear to my heart is incredibly exciting,” she said.

“I would tell colleagues from the City of Rochester, 'you’ve got to go to Batavia. You’ve got to check it out. It’s not just farmland. They just laugh at me and say, ‘OK. How did they do that in Genesee County?’ "

As the assistant city manager, Wiedrick will be responsible for various projects, including administrative services, organizational risk management, organizational values, community/neighborhood development, public relations, information technology and implementation of Enterprise Resource Planning software. She also will help draft the annual budget and take part in capital planning initiatives.

Her starting salary has been set at $91,800.

Tabelski said that Wiedrick’s extensive background in land use, planning, community engagement, policy development and budgeting as well as her proficiency with technology mesh well with the requirements of the city position.

Putting Technology to Good Use

“Jill brings a wealth of knowledge and experience gained through her professional roles in government including with the Genesee County Planning Department and City of Rochester Zoning Department,” Tabelski said. “She will make an immediate impact to the city organization -- focusing on supporting the ongoing software implementation projects, neighborhoods, community development initiatives, and administrative needs.

“She is a positive, outgoing professional who will participate with residents and businesses to make improvements. I am glad she choose the City of Batavia to call home, and look forward to working with her.”

Wiedrick said she has an eye on utilizing technology to enhance the quality of living in Batavia and the surrounding area.

“One of the things that I’m excited about working on is community development efforts, and I’m also going to be working a lot with technology – which I am very comfortable with,” she said. “What I’m intrigued about -- and have been for the majority of my career in government – is what forms of technology can be used to make things easier for the public and make things easier for staff.”

Wiedrick is married to Andrew Wiedrick, a quality assurance analyst at Excellus Blue Cross/Blue Shield in Rochester. The couple has a son, Ty, who is turning 6 this month, and daughter Jolene, who turned 3 in May. The family is in the process of moving to the city.

An accomplished violinist, she plans on performing with the Genesee Symphony Orchestra in the near future.

File photo: Jill Wiedrick performing with the Genesee Symphony Orchestra. Photo by Howard Owens.