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Reinhart-to-Marucci TD on botched punt propels Batavia past HF-L for Section V Class B championship

By Mike Pettinella

The Batavia High Blue Devils, sparked by an incredible play by senior quarterback Jesse Reinhart and senior tight end Kaden Marucci, defeated rival Honeoye Falls-Lima, 22-14, tonight to capture the Section V Class B football championship.

Leading 14-7 early in the third quarter in the game played at Pittsford Sutherland High School, the Blue Devils were forced to punt from their own 33-yard line.

The center snap to Reinhart, the team’s punter, sailed high over his head. He managed to corral it about 20 yards behind the line of scrimmage, avoided a tackle and lofted a pass to the left side of the field where Marucci was standing.

“It went over my head and I was chasing after the ball – I think it was at the 5 yard line or 10 yard line, whatever it was,” said Reinhart, who was voted the game’s most valuable player after passing for 163 yards and two touchdowns. “I could have dove on it and gave them the ball there, but I decided to pick it up and try to make a play. I threw it out to him (Marucci) and he did the rest; he took it all the way …”

Marucci, who earned the outstanding defense player award for his play at linebacker, caught the ball, found an open lane down the sideline and outraced the Cougars to the end zone to give Batavia a 20-7 advantage (see photo above).

Here’s what he had to say about the play:

“A guy got by me on the edge and I looked back to see if Jesse was good and saw the ball rolling toward the end zone. I looked around and saw no one around me, so I started screaming Jesse’s name. He tossed it over to me and I was just off to the races.”

As a result of a penalty on Batavia after the big play, the Blue Devils, 10-1, decided to go for two points, calling for a reverse/option pass. It worked as wide receiver/running back Javin McFollins hit Reinhart in the end zone to make it 22-7.

Batavia Coach Brennan Briggs pointed out the athleticism of Reinhart and Marucci that turned what could have been disaster into a moment that will go down in Batavia football history.

“A bad snap. Yeah, but we have athletes out here and that’s just them innovating and doing a great job,” he said. “Jesse’s a heck of an athlete and Mooch (Marucci) got open and they blocked downfield for him. Sometimes, you have to have plays like that to win big games.”

With about four minutes left in the period, HF-L took over on the Batavia 45 after a punt by Reinhart traveled just 12 yards, and put together a seven-play drive -- with senior back Zachary Meacham gaining 20 yards on three carries, senior quarterback Brody Young finding senior wide receiver J.T. Killenbec for 17 yards, and Young finishing it off with a three-yard touchdown run.

The point after touchdown kick by Zavier Carbonel was good and the Cougars, who finish at 10-1, had pulled within 22-14 with 1:40 left in the third quarter.

Batavia was in a similar position in early October, holding a 20-7 lead at halftime before falling 27-26 at Van Detta Stadium.

There was no meltdown this time, although HF-L did make it interesting in the final quarter.

After Young’s TD, the Blue Devils took over at their own 25, but two runs netted only six yards. An 18-yard pass from Reinhart to wide receiver Cole Grazioplene kept the drive alive, and the Blue Devils – behind junior halfback Aidan Anderson – were able to take five more minutes off the clock before turning the ball over on downs at the HF-L 21.

Anderson, who opened the scoring on a 6-yard run with 3:02 left in the first quarter, picked up 27 of his 101 yards rushing during that stretch. He was named the outstanding offensive player, and also came up with some key tackles and pass deflections on defense.

HF-L took possession with seven minutes to play and Young went to the air, finding Ben Carson for three yards and Killenbec for nine before connecting with Aidan Goold for 35 yards to the Batavia 37. Two runs by Meacham picked up 18 yards, but two incomplete passes resulted in a fourth-and-4 situation at the Blue Devils’ 19.

Young threw a pass into the end zone that was broken up by Reinhart, but pass interference was called – one of a few penalties that had the Batavia fans voicing their displeasure with the referees.

Now, it was first-and-goal at the 9 for the Cougars with 4:30 to play. Young handed off to junior Donnell Hall, who was jolted behind the line by linebacker Mathew McWethy for a three-yard loss. The Blue Devils got another break on the next play when Young’s pass was dropped in the end zone.

A third down pass to Carson gained eight yards, making it fourth-and-goal from the Batavia 4. On fourth down, Young threw another pass in the end zone but it was off the mark and Batavia took over with 3:16 remaining.

At this point, Briggs turned to Anderson, who came through with runs of four, six and 12 yards -- with a 12-yard scamper by Reinhart sandwiched in between. HF-L was forced to use its timeouts, but three final runs by Anderson served to run out the clock.

In the first half, following Anderson’s TD burst (and kicker Julia Petry’s first of two successful PATs), junior wide receiver Javin McFollins came up with a spectacular catch in the end zone to put Batavia up by two scores.

On a third-and-7 play from the HF-L 32, Reinhart passed the ball to McFollins who won a “jump ball” situation against the defender.

HF-L followed that with a 10-play, 63-yard drive with Meacham barreling into the end zone from four yards out to pull within 14-7. That drive was aided by a questionable roughing the passer call against Batavia, and was highlighted by a 38-yard pass from Young to Killenbec.

The Blue Devils controlled the first half and could have mounted a bigger lead but three drives stalled deep in HF-L territory.

Marucci recorded eight tackles on the defensive side of the ball while Carter McFollins recovered a fumble for the Blue Devils.

The Batavia victory breaks a three-game losing streak against the Cougars, including a loss about six months ago in the sectional finals (which were moved to the spring due to COVID-19). But tonight, it wasn’t about avenging those losses, Briggs said.

“I’m just happy for these guys. No redemption, no revenge – any of that stuff,” he said. “These guys have their own identity. Whoever we have to come play, we’re going to play. Obviously, there is a rivalry brewing with HF-L, which is a great thing, but I’m just happy for these guys.”

Anderson said the team showed “resilience through adversity” to prevail over an HF-L squad that defeated Batavia by one point earlier this season.

“We had a lot of down moments. We had a lot of penalties, and a lot of dumb mistakes,” he said. “But we bounced back. We never put our heads down, and that’s why we won.”

Batavia advances to the Far West Regionals against WNY Maritime Charter/Health Sciences (Section VI) at 3:15 p.m. Nov. 20 at Williamsville South High School.

WNY Maritime defeated Iroquois, 62-12, today for its third straight Section VI Class B title.

To view or purchase prints, click here.

Photos by Steve Ognibene

Batavia QB Jesse Reinhart gets off a pass early in the game.

Javin McFollinms with the reception for the Blue Devils.

Cam McClinic tries to get past HF-L's Aidan Goold.

The HF-L ball carrier is tackled for a loss.

Reinhart, middle, lets out a triumphant yell as the Batavia victory is secure.

Lineman Austyn Fernandez looks to give Coach Brennan Briggs a Gatorade shower.

Stars of the game, from left, Batavia's Aidan Anderson, Kaden Marucci and Jesse Reinhart, and HF-L's Mitchell Bulling and Zac Meacham.

The Section V "block" becomes the center of attention.

A moment to remember for the Batavia High Blue Devils football team.

Lady Gophers pass tough test against Chautauqua Lake to advance to girls volleyball 'Final Four'

By Mike Pettinella

The beat goes on for the Pavilion Lady Gophers.

Coach Rex Eighmey’s team this afternoon advanced to the New York State Public High School Athletic Association “Final Four” with a hard-fought, straight set victory over Chautauqua Lake in the girls volleyball Class D Far West Regionals at Le Roy High School.

By winning 25-23, 25-10 and 26-24, Pavilion kept its perfect season intact as it has yet to lose a set in compiling a 25-0 record.

But it wasn’t easy, Eighmey said, as the Lady Gophers had to rally from a 19-15 deficit in the first set and survived a late charge by the Lady Thunderbirds in the decisive third set.

Chautauqua Lake, which suffered its first loss in 18 matches, was Pavilion’s toughest opponent this season, Eighmey said.

“Oh yeah, by far yeah,” he said. “They’re really good. They're the most athletic team and have a couple good hitters. But we kind of kept things under control. Our girls played out of their minds and it was fantastic to watch.”

With the score tied at 23 in the opening set, Chautauqua Lake missed on a serve, turning the ball over to Sara Laurie, who served the winning point. Pavilion dominated the second set, and then took a 17-12 lead in the third set before the Lady Thunderbirds came back to go up 22-21.

Pavilion called a timeout and, after their opponentsmissed on another serve, scored two points to go up 24-22. Chautauqua Lake rallied to tie it again at 24, but missed on another serve. From there, Paige Landers took the serve and her teammates came through for the final point.

The statistics were distributed across the team with Karlee Zinkievich getting four kills and 10 digs, Shea Amberger tallying five kills and two blocks, Adeline Milligan recording nine kills and eight digs, Lauren Kingsley contributing 12 kills and eight digs and Shannon Campbell posting 23 assists and four digs.

Eighmey said his team’s balance seem to wear down Chautauqua Lake in the second set, but he did give the Section VI representative credit for making the third set close.

The Lady Gophers now move on to the four-team, round-robin Class D state tournament next Saturday afternoon in Glens Falls. Each team will play three two-set matches with the squad with the best record earning the championship.

Batavia claims Class B football title; Pavilion girls win

By Mike Pettinella

High school sports playoff games involving local teams this weekend are as follows:

FOOTBALL
Section V Championship
Class B
Tonight

No. 2 Batavia 22, No. 1 Honeoye Falls-Lima 14. Batavia (10-1) advances to Far West Regionals against WNY Maritime Charter/Health Sciences (Section VI) at 3:15 p.m. Nov. 20 at Williamsville South High School.
Class D
Friday

No. 1 Oakfield-Alabama/Elba 26, No. 2 Avon 21; O-A/Elba (11-0), Section V, advances to the Far West Regionals against Randolph (10-0), Section VI, at 5 p.m. Nov. 19 at Jamestown High School (Strider Field)

GIRLS VOLLEYBALL
Far West Regionals
Today at Le Roy High School
Class C

Portville, Section VI, def. Le Roy, Section V, 25-9, 25-12, 25-18. Portville advances to the state tournament next weekend in Glens Falls.
Class D
Pavilion, Section V, def. Chautauqua Lake, Section VI, 25-23, 25-10, 26-24. Pavilion (25-0) advances to the state tournament next weekend in Glens Falls.

GIRLS SOCCER
NYSPHSAA Final Four
Today
Class C

Carle Place 2, Byron-Bergen 0. Carle Place (Section VIII) advances to Sunday’s title game at 10:30 a.m. at SUNY Cortland.

Le Roy girls fall to Portville in Class C volleyball regionals

By Mike Pettinella

The Le Roy Lady Oatkan Knights’ sectional championship girls volleyball season ended in straight sets today at the hands of Section VI Class C powerhouse Portville in the Far West Regionals at Le Roy High School.

The scores were 25-9, 25-12, 25-18, handing Coach Sue Staba’s Le Roy team just its second loss in 24 matches. The Knights earned the right to play in the regionals by winning the Section V Class C tournament with a victory over Attica on Nov. 5.

Portville, winner of eight consecutive Section VI titles, will take a 20-2 record into the New York State tournament next weekend in Glens Falls.

Le Roy Coach Sue Staba, in congratulating the Panthers, called Portville an "amazing well-rounded team" that prevented her squad from putting any scoring runs together.

"We had some spark in game three but fell short," she said. "My girls had a season to be incredibly proud of and reached the sectional title goal they set out for themselves. We will come back next year even stronger."

Junior Allie Ingles had seven kills, senior Hailey Johnson six assists and three kills, and senior Riley Wood seven digs for Le Roy.

For Portville, senior setter Kylie Blessing and sophomore middle hitter Olivia Cook led the way.

Photo at top: Le Roy's Katie Salphine (6) goes up against Portville's Olivia Cook (7).

Previously: Le Roy girls defeat Attica in four games to capture Section V Class C volleyball championship

Le Roy's Hailey Johnson winds up for a serve.

Photo: Allie Ingles of Le Roy (5) looks to beat the double-team of Portville's Tori Unverdorben (21) and Olivia Cook. Photos by Tim McArdle.

Carle Place bottles up Lady Bees' attack en route to 2-0 win in girls soccer state tournament Class C semifinals

By Mike Pettinella

The Byron-Bergen Lady Bees lost 2-0 to Carle Place of Section VIII in the New York State Public High School Athletic Association Class C girls soccer tournament this morning at Homer High School.

While a defeat at this stage of the season could be especially disappointing, Coach Wayne Hill said his squad, which features several talented underclasswomen, already is thinking about what it needs to do to get back to the state Final Four next year.

“The girls are already talking about it,” Hill said by telephone as the team traveled back home. “I can tell you what their goal is for next year: They want to be back here.”

Hill said his girls know that they have to get stronger, physically – something that revealed itself in today’s match.

“They (Carle Place) played more aggressive than we did. And, as a result, we didn't have time to settle the ball and play our kind of game,” he said. “So that's an improvement we're going to have to make for next year.”

He said the Frogs, 9-4-1, took B-B’s leading scorer, eighth-grader Mia Gray, out of her game and, generally, took the Bees out of their rhythm.

“They were man-marking her (Gray) the whole game, and made it really tough for us,” he said.

Senior Alexandra Feit scored both goals for Carle Place – one in each half.

The Bees, 19-4, had a couple of scoring opportunities in the first half, Hill said.

“We brought the ball down the sideline -- one down the left side and one down the right side.  And both crosses were great, but there wasn't anybody waiting for the ball in the middle.”

They had another great chance in the second half but, again, failed to convert.

Hill said that B-B goalkeeper Brooke Jarkiewicz made 15 saves while the Carle Place goalie, Jenna Lenihan, had three or four saves.

Looking ahead, Hill said the focus will be on adding power to match the team’s speed and quickness.

“Well, we've been saying that all year that the kids have to get in the weight room,” he said. “They just need to get bigger and stronger. The ball touches are great. Speed is great. We’ve just got to learn to be a little more physical.”

Carle Place moves into Sunday’s Championship game against the winner of this afternoon’s game between AuSable Valley (Section VII) vs. Notre Dame (Section IV).

Previously: Byron-Bergen girls soccer team competing for New York State Class C championship this weekend

Ongoing expansion, modernization of airport give Genesee County reasons to feel proud

By Mike Pettinella

When it comes to the Genesee County Airport, Tim Hens sees himself as a public servant with a private sector mentality.

And that philosophy has worked quite well over the past 20 years, according to the county highway superintendent, as the airport has been upgraded and modernized without a single dollar coming from county property tax revenue.

Hens gave The Batavian a tour of the sprawling facility along East Saile Drive in the Town of Batavia last week, pointing out the various buildings and providing insight into the funding of the operation that currently houses 68 aircraft, including single-engine planes, helicopters and “decent sized corporate jets.”

The county’s plan back in 2001 was to privatize the airport, Hens recalled.

“We were going to put the management of the airport out to bid to see if we can get a company to do it,” he said. “And our bids were out on the street, literally, as 911 happened. And if you remember back to 911, the whole airline industry and aviation industry just crumbled and shut down. It was not a good time to have a bid package out for airport management.”

Hens, who had recently been hired (he’s also the county engineer), said the county did not receive any responses to their request for proposal.

“So, by default, the county stepped in,” he said. “And I proposed that we hire some county employees and manage it. And luckily, it has worked out very, very well. We actually ended up sticking with that process for the last 20 years.”

As a result, Hens is able to use his business management skills to market the facility, assist in the bookkeeping, filing sales tax and supervising maintenance and upkeep.

“It’s like owning your own little business,” he said. “We've got employees to manage, we're selling fuel, we have to look at pricing, we’ve got to look at our competitors. It’s so different than my highway job where it's just fix what we got and plow the snow – and we do plow snow out here, too.”

Ownership of the airport enables the county to control its own destiny, Hens said.

“We have found that we could take in all the revenue, as opposed to paying it out to a management company or a private business to run the airport,” he said. “We were getting the full benefit of the revenue and could control our expenses. Plus, things move much faster – such as expanding the runway and other business decisions.”

The staff at the airport (other than Jeff and Carol Boshart of Boshart Enterprises; see accompanying story) consists of two full-time employees – manager Jason Long and airport attendant Ron Stringham – and a couple of part-timers who fill in during holidays and weekends.

The airport features a two-story main terminal that, along with the main hangar, was built in 2015 as part of a $4.9 million project, Hens said. The county received a grant for $300,000 and the remainder was bonded over 20 years.

The main terminal features a foyer, training rooms, pilot lounge, P&L Air flight school, break rooms and several offices. The main hangar, which is used by Boshart Enterprises, measures 100 by 120 feet with a 30-foot high ceiling.

Located to the west are six corporate hangars – three of which are owned by Genesee County and three that are privately owned – and five T-hangars that were built in 1997, 2008, 2011, 2015 and 2020. Those contain 46 separate smaller hangars, with one of them rented by Mercy Flight for its helicopters.

Hens said the facility is part of the county’s transportation and infrastructure operation, and is utilized by numerous local companies, including Milton CAT, Tompkins Financial, National Grid, Western New York Energy in Medina, Six Flags Darien Lake, HP Hood and Lamb Farms.

“It gets way more use than people think,” said Hens, an Air Force veteran who attended the Air Force Academy in Colorado – and has flown jets. “The best thing about it is that zero property taxes are put toward the airport.

“People say they are funding the hobbies of the rich. That’s not true. It’s a self-sustaining, self-paid-for operation. Since 2001, Genesee County has received $32 million in federal and state aid for the airport.”

He said that 95 percent of the funding is covered in most cases.

“The money is going to go somewhere, it might as well come here,” he said, adding that funding for the facility is based entirely on airline user fees through an airport trust fund.

“Our fuel sales and rental fees pay for the airport operation. We are showing an annual surplus of $80,000 to $100,000, and that money goes back exclusively for airport expenses and improvements.”

Hens said the county is planning to develop more of the land at the west end. In September, it applied for a $13 million grant to build a large hangar at the corner of State Street Road. It would be 100 percent funded by New York State through the Upstate Airport Economic Development and Revitalization initiative.

“It’s a ‘If we build it they will come sort of thing.’ We need the hangar for larger jets of corporate site selectors who are representing businesses looking to locate here.”

Genesee County’s ability to run its own airport and turn a profit hasn’t gone unnoticed by officials of other counties, Hens said.

“I think, to this day, we are one of the few airports in upstate New York that make money. We get a lot of calls and I've done presentations as far away as Lake George as to what are you doing at your airport? How come you are successful? So, I think you're seeing more and more municipalities get involved in their airport operations.”

Although the county owns the airport, there is an opportunity for an entrepreneur to come in at the main terminal.

“We’ve got a small space carved out on the second floor for a café and sandwich shop with a seating area,” Hens said. “We’re looking for someone to run it.”

Photo at top: The main terminal at the Genesee County Airport on East Saile Drive. Photos by Mike Pettinella.

The main terminal lobby and County Line Service office.

Based aircraft at the Genesee County Airport, including a plane from the Civil Air Patrol.

T-Hangars. Forty-six individual units are rented at the airport.

The main terminal and main hangar were built in 2015.

View from second floor of the main terminal, looking northeast at fuel tanks and runway.

Jeff Boshart recalls start of his 40-year association with the Genesee County Airport

By Mike Pettinella

Little did Jeff Boshart know that his offer to help “keep the doors open” at the Genesee County Airport in 1982 would turn into a successful career in avionics as owner of Boshart Enterprises & Aircraft Services at the East Saile Drive facility.

Boshart, a Corfu resident who was living in Lancaster at the time, said he began employment at the airport under the supervision of Andy Cordes.

“About six months after I got here, he (Cordes) went out of business,” said Boshart, who, with his wife, Carol, operates the airplane repair/enhancement venture out of the main terminal and hangar. “If you remember in 1982 there weren’t many jobs and interest rates were like crazy.”

He said he approached Joseph Amedick, the Genesee County highway superintendent who was in charge of overseeing airport operations, thinking that “I can keep the doors open and help these guys out down here.”

“At the time, we had International Chimney, Graham (Manufacturing) and Genesee Le Roy Stone (planes) still in the hangar after Andy cleared out,” he recalled. “And I don’t have a place to go, either.”

Boshart said that Amedick spoke with then County Manager Charles Meyer, and came back with a proposal: “He says, ‘Give me an insurance policy for $25,000 and don’t worry about the rent; just keep the doors open.'"

So, that’s what he did.

“I would come in here like late at night, when International Chimney got done with whatever they were doing, and I’d clean the airplanes, drop the oil or whatever, and I would go back home,” Boshart said. “That was how we started. I had no intention of ever being a businessman.”

Nearly 40 years later, the company continues to thrive, said Tim Hens, Genesee County’s current highway superintendent who also is in charge of the airport.

“We host Jeff and Carol here at the airport as what is known in the aviation world as a limited fixed base operator,” Hens said. “They rent space from the county – and what they do, they do very well.

“They repair planes, they put avionics packages in the plane, do maintenance and stuff and they draw people in from all over the Northeast. They do a heck of a business and are really our key tenant out here.”

Boshart said the avionics industry – which includes all components of the aircraft’s communication system -- is changing at a rapid pace.

“We do a lot of the radio upgrades,” he said. “Right now, in the aviation career, that part of it is moving so fast. It’s like the year 2000 when you were trying to buy a computer. You didn't know whether to buy one on that day or wait three days because there was going to be a better computer out. That's where we are with avionics.”

He went on to say that many of the smaller planes and jets that use the Genesee County Airport have more equipment than commercial airliners.

“It's phenomenal. You almost don't need a pilot. As a matter of fact, we have what they call Autoland. Everything goes to heck, you push a button up top – a big red button -- and the airplane takes you to the airport and it lands.”

The county airport has made giant strides since the early days when it was founded by Gil Chapell in the early 1940’s. The Chapell family lived in a house on the grounds.

Boshart said he met Chapell in the mid-1960s when his family moved into the area from Ohio.

“My dad started, with a number of other people, the Akron airport,” he said. “And they had they had a little tailwheel aircraft that dad used to fly around. And so back in 1965, when we moved up here, we used to fly over here because my aunt lived just over the hill on State Street. And I got to meet Gil and his wife when I was a little kid -- they had the house down here.”

He remembers the Chapell’s farmhouse and a couple of hangars and a gas pump, and a small restaurant.

“That’s my first recollection of the place; it was it was a grass strip. Then, Gilbert built the old hangar that they tore down five or six years ago.”

The facility was known as Batavia Airport at that time until the county assumed ownership in 1964.

Over the years, it has been expanded from 200 to 264 acres. In 2005, the runway was extended from 4,400 feet to 5,500 feet to accommodate business jets.

The Federal Aviation Administration estimates there are 115,000 takeoffs and landings annually.

A pilot himself, Boshart said he used to have his own plane, but not anymore.

“I’m like Tim. I have a fishing boat,” he said.

Photo at top: Carol and Jeff Boshart with Tim Hens, right, at the Genesee County Airport's main hangar.

Some of the aircraft being worked on by Boshart Enterprises' technicians.

Submitted photo: A scene from days gone by of the old terminal and hangar at the airport.

Submitted photo: This photo from the 1950s hangs on the wall in the office of the main terminal. From left, woman not identified,Tim Willard, Harold Hale, Gil and Gloria Chapell.

Legislators tentatively agree to keep property taxes flat -- dropping county tax rate for 2022 to $9.18 per thousand

By Mike Pettinella

The Genesee County Legislature, during its final budget session on Wednesday at the Old County Courthouse, reached into their “unexpended fund balance” pocket to keep the property tax levy for the 2022 fiscal year at the same level as this year.

Lawmakers have tentatively agreed to add $678,519 to the $1,396,675 in reserves initially proposed by County Manager Matt Landers – action that will keep the tax levy at $31,451,727 and, more importantly, drop the property tax rate from the proposed $9.37 to $9.18.

The $9.18 rate represents a 6.3 percent decrease from the 2021 property tax rate of $9.80.

These changes in the spending plan will be considered by the legislature’s Ways & Means Committee next Wednesday and, upon approval, by the full legislature for a binding vote on Nov. 22.

Legislature Chair Rochelle Stein today said she was happy to report that her colleagues capitalized on the opportunity to keep the levy at the same rate “and still be able to fund the initiatives and the mandates that we have in front of us.”

“It's most important that we are able to do that by sharing most fairly across all of our constituencies and municipalities … and to be able to fund our operations and not take one penny more than we need from the taxpaying public.”

The lower tax rate will lessen the burden to varying degrees of property owners, many of whom saw their assessments go up over the past several months. For the median residential household in Genesee County assessed at $122,935 that did not have an assessment change from 2021, this will result in an annual net tax decrease of $76.22.

Stein said legislators have much to confront in terms of necessary and mandated projects, such as funding the new county jail, the Countywide Water Project and infrastructure.

“So, being able to do that really represents good hard thought of what we have to tackle in the future, especially funding the new positions at the county jail according to the (New York State) Commission of Correction, and also getting some of our departments right-sized,” she said.

The county also is continuing to commit $1 million from sales tax earnings to repair and maintain roads, bridges and culverts.

“Doing those types of investments in our infrastructure are just critical to making sure that we stay ahead of those big ticket items,” she said.

Landers said he supports the legislature’s decision, noting that about $2.5 million from the unexpended fund balance was used in the 2021 budget.

“As requested, I presented legislators with different scenarios and they honed in on the scenario of keeping the levy flat from last year,” Landers said. “There'll be no levy increase whatsoever, so it definitely was a good conversation.”

He said the legislature, which consistently has voted against overriding the New York State tax cap of around 2 percent, will have a bit more flexibility next year.

“We will have the ability to grow it (the cap) by an extra $480,000 because we didn’t take any of the allowable levy this year. That gives us time to see, between now and 12 months later, after getting more information about the water project and jail construction,” he said.

Landers said management and the legislature are at the mercy of the Commission of Correction, which has final say over the number of employees needed at the new jail on West Main Street Road (which is scheduled for the start of construction next spring).

“One of the biggest factors that is causing pause of our legislature in terms of concern is the CoC’s ability to dictate how many posts are in this new jail,” Landers said, explaining that each “post” represents about five positions. “Even with the jail designed -- even with virtual reality goggles so that an official can walk through the jail virtually and see where everything is -- the CoC won't make a determination on the posts until they physically walk into the jail.”

CoC officials could determine that more posts are required than have been budgeted for, Landers said, and each post would add $500,000 to the annual operating costs of the jail.

The county’s All Funds budget for 2022 totals $158,502,898, which is $15,298,219 more than the 2021 adopted All Funds budget.   The 2022 recommended General Fund (operating) budget is $119,394,176, which is $9,118,039 more than the 2021 adopted General Fund budget. 

Stein credited every legislator for making his or her voice heard in this process.

“It’s been really terrific working with nine independently-thinking people and coming to this same place in our budget and the consideration and a consensus,” she said. “So, I'm very proud to lead this group.”

Pavilion Lady Gophers sweep Fillmore to advance to Saturday's girls volleyball Far West Regionals

By Mike Pettinella

Going into this evening’s Section V girls volleyball Class D championship match, Pavilion’s Lauren Kingsley, a 6-foot-1 junior middle hitter, knew that it was up to her to counteract Fillmore’s star player Emma Cole, a 6-foor-1 senior middle hitter.

Kingsley came through with flying colors – recording 12 kills (scoring hits) and a couple of blocks at the net – to lead the undefeated Lady Gophers to a 25-12, 25-18, 25-14 victory over the Lady Eagles before a large contingent of fans at Caledonia-Mumford High School.

She said her team understood the challenge presented by Cole, who dominated the opening match of the overall Class D playoffs on Tuesday against Alexander.

“They have a big blocker,” she said, speaking of Cole, "and we knew that we were going to have to get those (kills) around her.”

Cole had her moments, recording 12 kills at the net and four service aces, but many of her forceful returns were handled by the Lady Gophers' experienced lineup led by Kingsley, junior outside hitter Karlee Zinkievich (four kills and six aces), senior outside hitter Adeline Milligan (four kills), senior setter Shannon Campbell (18 assists), senior middle hitter Shea Amberger and junior middle hitter Paige Landers.

In the first set, Fillmore, 13-7, pulled to within 10-8 before Pavilion went on a nine-point run, sparked by Kingsley’s four kills and Zinkievich’s serving.

In the second set, Landers served six straight points, with Kingsley posting three kills and a block, to give Pavilion a 12-6 advantage. Fillmore battled back, however, behind the serving of senior Jadyn Mucher to pull within four at 20-16 but could get no closer.

In the third set, the Lady Eagles jumped out to a 10-4 lead with Cole serving, forcing Pavilion to call a timeout. After talking it over, the Lady Gophers were able to break Cole’s serve and then scored six straight points to tie things up.

From there, Kingsley and Zinkievich took over at the net to support the serves of Landers and Sara Laurie as Pavilion won going away.

The victory extends Pavilion’s record to 24-0 -- all in straight sets -- but more importantly, moves the Lady Gophers into the Far West Regionals on Saturday at Le Roy High School. Coach Rex Eighmey’s team will take on Section VI representative Chautauqua Lake, 17-0, at 4:30 p.m.

Eighmey credited Kingsley and Zinkievich for their inspired play.

“Lauren just pounded the ball. She’s a great player and when we get the ball to her, she can put it down,” he said. “And Karlee really comes through in the tough situations.”

He also gave Fillmore its due, mentioning that Cole and her teammates “did a lot of digging and made it tough for us.”

Eighmey said he expects Saturday’s match against Chautauqua Lake to be even more difficult after watching videotape of the Lady Thunderbirds.

“They’re going to be tough,” he said. “They’re very athletic. We’re going to have to be at our best to beat them, but I’m confident that our team can do that. We’re in the state tournament now and we’re definitely looking forward to it.”

When asked about being the favorite in all these matches, Eighmey called it “a good feeling.”

“It’s a little bit different. I like to play under the radar, but we are the hunted this year and we’ve been able to take care of things. It feels great.”

Fillmore Coach Lacie Fuller said she believes Pavilion, the Section V Class D1 champion, has a very good chance to keep advancing as it moves onto the state tournament.

“I think they’ll do a fabulous job. They’re very consistent and they just keep moving,” she said.

She also said she was proud of her team that “made history in Fillmore by winning the school’s first sectional (Class D3) title since 1988.”

“They worked as hard as they could. We went up against a good team, but we’re the last one standing before the states,” she added.

Junior setter Zoe Hubbard tallied 14 assists for the Lady Eagles.

Top photo: Karlee Zinkievich makes her presence felt.

Photos by Jim Burns.

Lauren Kingsley attempting a "kill" as Shea Amberger (8) looks on.

Adeline Milligan sets one up.

The young fan's sign says it all.

Shea Amberger with the block.

The Pavilion fans filled one side of the gym.

Fillmore girls attempting to get the ball past Pavilion's defense.

The Lady Gophers celebrate their 24th straight victory.

Photos by Jim Burns.

For more photos please go to   https://jimburns.org/p196701385

Batavia, O-A/Elba, Le Roy, Pavilion, B-B teams in action

By Mike Pettinella

High school sports playoff games involving local teams this weekend are as follows:

FOOTBALL
Section V Championship
Class B

No. 2 Batavia (9-1) vs. No. 1 Honeoye Falls-Lima (10-0), 6 p.m. Saturday at Pittsford Sutherland High School (WBTA Radio AM 1490, 5:45 p.m.)
Class D
No. 1 Oakfield-Alabama/Elba (10-0) vs. No. 2 Avon (9-1), 7 p.m. Friday at Van Detta Stadium, Batavia (WBTA Radio AM 1490, 6:45 p.m.)

GIRLS VOLLEYBALL
Section V Class D Finals Tonight

Pavilion def. Fillmore, 25-12, 25-18, 24-14.
Far West Regionals
Saturday at Le Roy High School
Class C

Le Roy, Section V (22-1) vs. Portville, Section VI (19-2). 2:30 p.m.
Class D
Pavilion, Section V (24-0) vs. Chautauqua Lake, Section VI (17-0), 4:30 p.m.

GIRLS SOCCER
NYSPHSAA Final Four
Class C

Byron-Bergen, Section V (19-3) vs. Carle Place, Section VIII (8-4-1), 10 a.m. Saturday at Homer High School. Winner advances to Sunday’s title game at 10:30 a.m. at SUNY Cortland.

Planning director: New York's broadband survey is a key in the distribution of funds to expand internet access

By Mike Pettinella

Just 5 percent.

That’s the percentage of Genesee County residents that County Planning Director Felipe Oltramari hopes will take a few minutes to complete the Empire State Broadband Assessment survey that can be found at www.geneseebroadband.com.

Oltramari, speaking after Wednesday night’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, said the survey is an important tool as New York State attempts to expand internet access to its residents.

“By getting 5 percent of Genesee County residents to take the survey (less than 3,000 people) that will help determine the distribution of funding to fill in the gaps in broadband,” he said.

Millions of dollars are available for broadband development, Oltramari said. In Genesee County, government officials already have indicated they are setting aside a portion of the $11 million in American Rescue Plan Act funding it is receiving for that purpose.

Upon going to the website, the user is directed to the state’s “Advancing Broadband for New York” initiative featuring two large blue buttons: one marked Speed Test & Survey and the other marked Survey Only.

The speed test measures both the download and upload speeds from that location. It is important that the speed test is taken from a home or business computer, and not a mobile device. Additional instructions and information are provided.

The survey, according to the website, is “to understand how you utilize, or would like to utilize, broadband capabilities in your home or business in your community.” The questions are not difficult to answer and the entire survey takes five to seven minutes to complete.

When finished, a “thank you” message appears and links to additional resources, such as the New York State Broadband Program Office, and Data USA: County & City Data based on the U.S. Census, are provided.

Oltramari said the county will be conducting a marketing campaign to spread the word about the broadband survey.

He also reported that the first draft of the county’s updated Comprehensive Plan – part of the Genesee 2050 project – is complete and will be shared with the public in the coming weeks.

County planners recommended approval of a dozen referrals last night, most notably:

  • A site plan for a 5-megawatt ground mounted commercial solar system in an Industrial (I-1) district at 7054 West Main Rd. in the Town of Le Roy. The project, being developed by AES Clean Energy, based in Louisville, Colo., is on land owned by Route 5 Storage LLC, not far and on the other side of the road from the intersection of Keeney Road.
  • A site plan review for a 1,944-square foot (81 by 24) addition to the existing building owned by Gadd Properties (Alexander Equipment) at 3266 Buffalo St., Alexander;
  • A site plan review for the Burning Barrell BBQ restaurant to be operated by Nicholas Rada at 10 East Main St., Corfu;
  • A site plan review and area variance request for Harrington’s Farm Market to replace an existing greenhouse with a new 2,304-square foot (48 by 48) greenhouse on its property at 5282 Clinton St. Rd. in the Town of Stafford;
  • A sign permit request from Pierrepoint Visual Graphics, Inc., of Rochester, to place new signs for a proposed UR Medicine office building at the Gateway II Industrial Park at 7999 Call Parkway in the Town of Batavia.

Previously: Genesee County legislators call on G/FLRPC to provide answers to broadband availability question

Mayor says village, town are "pretty close" to settling dispute over fire protection services in Oakfield

By Mike Pettinella

Oakfield lawmakers reportedly are nearing a revised agreement that would end a months-long standoff over the amount the town is required to pay the village for fire protection service offered by the Oakfield Volunteer Fire Department.

“It appears we’re pretty close to resolving this issue … which is great,” Oakfield Village Mayor David Boyle told The Batavian on Wednesday afternoon.

Boyle said he has spoken on the telephone with Town Supervisor Matt Martin and, if all goes well as they finalize the details, he expects them to issue a joint statement in the near future – possibly by the end of the week.

The mayor said both the town and village boards have met in recent days to talk about the terms of a new fire protection agreement. However, he said he wasn’t prepared to provide any specifics at this point.

He did say that mediation by the fire department’s attorney, as suggested by Oakfield FD Chief Sean Downing, was not necessary, although he did appreciate Downing’s efforts in finding a solution to the dispute.

The situation became public in late September when the village board threatened to stop fire protection for town residents, including the Oakfield-Alabama School District, on Nov. 30 if the town did not pay a $78,648 bill for services rendered during the 2020-21 fiscal year that ended on May 31.

At that time, Boyle indicated that the town also had not paid for the first three months of this fiscal year, and felt the town was “holding the village hostage” in an attempt to renegotiate the shared services pact.

Fire trucks and equipment are owned by the village, which directs the OVFD. The building on Albert Street is owned by the fire department.

The current payment structure to cover operational and equipment costs stipulates that the village pays 42 percent and the town pays 58 percent. Boyle has said that when breaking that down by assessed valuation, village residents were charged $1.62 per $1,000 while town residents were charged 60 cents per $1,000.

The town board disputed those figures, and put out a statement that it wished to work toward “a fair and equitable fire agreement.”

As of mid-October, the village’s position was that the town pays the entire amount due to the village and signs a contract for this fiscal year (or a multi-year agreement) and then the village board would be open to exploring any changes.

The town, meanwhile, communicated on its website that it was seeking a three-year service contract only that would not include capital expenses because the village owns all the fire equipment.

Both Boyle and Martin previously said that the matter was being turned over to the village and town attorneys, respectively, who likely offered advice that has – according to Boyle – put them on the threshold of a deal.

Previously: Fire chief's suggestion of mediation may be the answer to ending stalemate between town, village boards

Genesee County manager: Mandated testing of county employees is coming; who is going to pay for it?

By Mike Pettinella

Vaccine mandates are one thing; testing requirements are another.

Concerning the latter, Genesee County Manager Matt Landers is advising Genesee County legislators to be prepared to make a decision on how to govern the COVID-19 testing mandate that he believes is coming to municipal employees.

“With recently, the stop-start, stop-start 100-employee mandate out there for testing purposes, I have been meaning to reach out and give an update,” Landers said during today’s legislature meeting at the Old County Courthouse.

Landers said he is operating “under the impression” that there will be a testing requirement for all unvaccinated county employees only, with the big question being who will pay for the testing – the county or the individual employees?

“We are developing procedures to gather that data in a more formal manner. We already have a good handle on that number because our own policy internally has been if you wanted to have your mask off, you had to show proof of vaccination.”

He said more “rigorous steps” are on their way, including the need to have vaccination data available for inspection.

“We’re going through that process right now with HR (Human Resources) and implementing a recommendation in the internal side. This is going to be coming before the legislature for consideration on a policy on how we want to handle this because there's a lot of questions out there,” Landers said.

The county manager said some counties are covering testing and some aren’t. He said he will ask the HR manager’s office and public health department to draft some “solid recommendations” on the implementation before getting back to the legislature.

“I can see the arguments going both ways of us providing the testing, and also us not – and there’s good arguments on both sides,” he said in his comments to lawmakers. “So, be ready for that discussion coming up in a few days.”

In other developments, the legislature passed the following resolutions:

  • Scheduling of a public hearing for 5:30 p.m. Nov. 22 at the Old County Courthouse for citizen input on legislators’ desire to replace the county’s hotel and motel occupancy tax law to include short-term residential lodging sites. The measure had been recommended for approval last week by the legislature’s Ways & Means Committee.

The principal changes reduce the current number of units being rented at a location from six to one and set the number of days at 14 or more over the course of a year.  These revisions would align properties under the auspices of booking companies such as Airbnb and VRBO with hotels and motels and make them subject to the 3 percent occupancy or bed tax.

The new law takes effect on Jan. 1, 2022 and runs through Dec. 31, 2024.

  • An agreement with the City of Batavia to apply for a grant through the Water Infrastructure Investment Act for necessary renovations and repairs at the city’s Water Treatment Plant. The Batavia City Council passed its resolution on Monday night. The WIIA Act grant provides up to 40 percent of capital project costs. The WTP projects are estimated to cost around $3.4 million.
  • Appointment of Chad Brade of Oakfield to fill an unexpired term as county coroner until Dec. 31, 2022, and Chandy Kemp to the board of directors of the Genesee County Economic Development Center.
  • Acceptance of a $176,662.14 grant from the New York State Department of Health for the Genesee County Health Department to promote and increase COVID-19 and other vaccine initiatives, and funding for COVID-19 vaccination clinic operation costs.

City hires lifelong Batavian Michael Ficarella as superintendent of Water and Wastewater

By Mike Pettinella

Press release:

City of Batavia Manager Rachael Tabelski today announced the appointment of Michael Ficarella (photo at right) to the position of Superintendent of Water and Wastewater for the City of Batavia.

Ficarella, a lifelong resident of Batavia and has worked for the City for nine years serving in various positions -- most recently as the Senior Water and Wastewater Maintenance Worker.

The Superintendent of Water and Wastewater is responsible for the water and sewer distribution systems, oversite of the Water Plant, the Wastewater Plant, and City owned facilities.  The Superintendent is responsible for working directly with the residents, businesses and industries on water supply and sewer discharge.

"Michael has the unique skills and leadership qualities we need in the Bureau of Water and Wastewater.  In addition to the daily oversight of the City’s sewer and water systems, he will participate on the City’s management team, capital planning group, and help deliver on the City’s strategic priorities and annual budget,” Tabelski said.

Ficarella will start his new position on Nov. 29 and will work alongside Bill Davis, current Superintendent of Water and Wastewater, for the next four months as Davis transitions into retirement in March 2022. Starting salary is $75,978.

Ficarella holds a Bachelor’s degree in Early Childhood Education from Niagara University and is active with his children’s sports teams.  He has coached youth baseball, football and soccer over the years.  He currently lives in the City of Batavia with his wife Natalie and their two children, Vincent and Anthony.

The last four superintendents of the department, John Schaefer, Matt Worth, Jim Ficarella and Bill Davis, all retired or will be retiring after long careers with the City. Michael Ficarella is the nephew of Jim Ficarella. 

5MW solar farm is proposed for West Main Road, Le Roy

By Mike Pettinella

The Genesee County Planning Board has 12 referrals on the agenda – including a site plan review of a proposed 5-megawatt solar system in the Town of Le Roy – for tonight’s 7 o’clock meeting at County Building 2 on West Main Street Road in Batavia.

The board is meeting a day earlier than usual due to Veterans Day on Thursday.

AES Clean Energy, based in Louisville, Colo., is seeking to build the ground-mounted commercial solar array on 38.7 acres of two parcels of land approximately covering 66 acres at 7054 West Main Rd., Le Roy.

The land, owned by Route 5 Storage LLC, care of M.J. Prinzi, is located in an Industrial (I-1) District on the south side of the highway, across from the Keeney Road intersection.

According to submitted documents, the system – consisting of 20,142 modules – will take about four to six months to build after final approvals. It will feature an access road from West Main Road. It also will be classified as a “community” solar farm in that it will provide energy to the existing electric grid and allow local customers to contract for electricity at or below current market rates.

Genesee County Planning Director Felipe Oltramari and staff are recommending approval of the project with modifications centering on the applicant following all New York State Department of Agriculture and Markets construction mitigation guidelines and by relocating the driveway and equipment pads from the middle of the field to the end of the field to minimize the impact upon future farming.

Other referrals of note are as follows:

  • A site plan review for a 1,944-square foot (81 by 24) addition to the existing building owned by Gadd Properties (Alexander Equipment) at 3266 Buffalo St., Alexander;
  • A site plan review for the Burning Barrell BBQ restaurant to be operated by Nicholas Rada at 10 East Main St., Corfu;
  • A site plan review and area variance request for Harrington’s Farm Market to replace an existing greenhouse with a new 2,304-square foot (48 by 48) greenhouse on its property at 5282 Clinton St. Rd. in the Town of Stafford;
  • A sign permit request from Pierrepoint Visual Graphics, Inc., of Rochester, to place new signs for a proposed UR Medicine office building at the Gateway II Industrial Park at 7999 Call Parkway in the Town of Batavia.

Photo: Overhead view showing the parcel of land (with blue line around it) earmarked for a 5-megawatt solar system on West Main Road in the Town of Le Roy. West Main Road is along the top and East Bethany Le Roy Road is to the right. Courtesy of Genesee County Planning Department.

Byron-Bergen girls soccer team competing for New York State Class C championship this weekend

By Mike Pettinella

Byron-Bergen Central School sports fans are abuzz these days thanks to the exploits of the Lady Bees girls soccer team that will compete in this weekend’s New York State Public High School Athletic Association Class C tournament.

Coach Wayne Hill’s team has advanced to the state’s Final Four by virtue of its three most recent post-season victories:

  • 4-1 over Harley-Allendale-Columbia for the Section V Class C2 championship;
  • 3-2 over previously undefeated Warsaw in a Class C crossover match;
  • 1-0 over Frewsburg of Section VI over the weekend in the Far West Regionals.

The Lady Bees, 19-3, will be riding that momentum into a 10 a.m. Saturday battle against Carle Place (Long Island) of Section VIII. The game will be played at Homer High School.

The winner will play for the state title at 10:30 a.m. Sunday at SUNY Cortland versus either AuSable Valley or Elmira Notre Dame.

“This is the farthest a Byron-Bergen team has ever gone,” Hill said, adding that the sectional crown is the school's first since 2013. “We never made it past regionals before. So, this in unchartered territory for us.”

Hill took over as varsity coach in 2015 after serving as an assistant in Batavia and has built a powerhouse squad led by eighth-grader Mia Gray, an elite talent who earned Genesee Region Player of the Year honors with league-leading 27 goals and 18 assists.

“She drives the team,” Hill said, speaking of Gray. “She’s a fantastic young player who is incredibly gifted with the ball. She never turns it over. She sees the field very, very well – and she’s an exceptional dribbler, passer, shooter and defender.”

Gray has plenty of support, Hill was quick to add, in sophomores Mackenzie Hagen (21 goals) and Emma Starowitz (14 goals and 11 assists), junior defensive standout Ava Wagoner and eighth grader Elizabeth Starowitz -- a jayvee call-up who scored her first varsity goal in the 3-2 win over Warsaw.

In the victory over Frewsburg, freshman Ava Gray (Mia’s sister) scored on a penalty kick late in the first half for the game’s lone goal. Ava Gray has six goals this season.

And there’s senior goalkeeper Brooke Jarkiewicz who has given up only 12 goals in 22 games while making 109 saves.

Statistically, the Lady Bees have dominated, scoring 80 goals in their 22 games while allowing 12 goals. Their three losses were by 1-0 scores.

Other members of the team are seniors Hallie Wade, Sasha Schramm, Alayna Streeter, Emma Will and Mikaylah Pocock; juniors Julia Will, Emma Dormann, Grace Capostagno, Kendall Phillips and Stella Briggs; sophomores Megan Zwerka-Snyder, Victoria Rogoyski and Novalee Pocock; freshman Ashley Schlenker-Stephens, and eighth graders Grace Diquattro and Megan Jarkiewicz.

Gina Gray, Grace Campbell and Luke Audsley are the assistant coaches.

With so many players set to return for at least a couple more seasons – plus strong modified and junior varsity programs – the future looks bright for B-B girls soccer.

“We are going to be good for a while,” Hill said.

Submitted photo: Byron-Bergen varsity girls soccer team gather for a team picture following their Far West Regional victory over Frewsburg.

Fillmore defeats Alexander to advance to Thursday's Class D girls volleyball title match against Pavilion

By Mike Pettinella

Senior co-captain Emma Hill was the difference Tuesday night as the Fillmore Lady Eagles turned back the Alexander Lady Trojans in four sets in Section V Class D girls volleyball crossover competition at Pavilion High School.

Fillmore’s 25-19, 25-23, 24-26, 25-22 victory puts the Allegany County team into the Class D title match against undefeated Pavilion at 6 p.m. Thursday at Caledonia-Mumford High School.

“(Hill) was spectacular,” said Alexander Coach Marcia Hirsch this morning, speaking of the 6-foot-1 middle hitter who was the Class D3 tournament MVP. “I don’t have the stats in front of me but she had a lot of kills (scoring hits), and we just couldn’t stop her.”

Hirsch said her squad wasn’t at the top its game, but battled back from early deficits in the sets to stay in the match. In Alexander’s third set win, sophomore Alyssa Kramer served the last five points as the Lady Trojans rallied from a 24-21 deficit.

Kramer and senior co-captain Sam Sawyer led the way for Alexander, which finishes at 19-4 after capturing the school’s first sectional championship in 42 years.

Despite the loss, Hirsch said she’s pleased with the team’s progress.

“I'm really happy with where we are,” she said. “I think it takes some time. We haven't won the title for so long that kids almost didn’t know what they would be playing for afterwards. But now they experienced it and, hopefully, we can do it again soon.”

She said it would have been great to advance, but the team achieved its primary goal of winning the Class D1 title.

“Our goal was to get that (Section V) block and I think after that it was kind of like, ‘Oh, we're still playing,’” she said.

Kramer will be back next season as will juniors Julia Yax and Melanie Pohl and sophomore Riley Powell.

“And we’ve got some good jayvee players ready to move up,” Hirsch said. “We’ve got a lot of work to do, but I think we’ll be alright.”

The winner of tomorrow night’s match between Fillmore, 13-6, and the Lady Gophers, 23-0, will move into the Far West Regionals against Chautauqua Lake of Section VI at 4:30 p.m. Saturday at Le Roy High School.

Republicans say Charter is clear; Democrats beg to differ

By Mike Pettinella

As one might expect, City Republicans and Democrats are at opposite ends of the spectrum when it comes to the section of the City of Batavia Charter that deals with the appointment of a City Council ward representative when a vacancy occurs.

Due to the pending resignation of longtime Sixth Ward Council member Rose Mary Christian, there will be an opening on the governing body. Christian is moving out of the southside district (sometime this week, she said) and no longer is eligible to serve in that capacity.

Before looking at the differing viewpoints, here is the wording of Chapter 3, Section 3 of the City Charter:

“Pending such election and qualification of a Council member to fill a vacancy, Council shall fill the vacancy temporarily by appointment of a qualified person who shall be of the same political affiliation as the Council member whose place has become vacant and, if he or she was a ward Council member, a resident of the same ward.”

The appointment of the next person to fill the Sixth Ward seat – at least until the next election – has become a sticking point due to the fact that Christian was a Democrat when last elected but switched to the Republican Party around a year and a half ago.

Richmond: Charter is Very Clear

City Republican Committee Chair Rich Richmond (photo at right) told The Batavian today that the matter is cut-and-dried: Christian’s successor should be a Republican.

“The charter is very clear,” he said. “It's very concise, and to the point … since she is a Republican, then the Republicans make the appointment. Furthermore, it’s a non-partisan issue, and some people are trying to make it one.”

When asked if his committee is moving toward finding a replacement, Richmond said a few people have expressed interest in the position.

“Yes, we are. And I might add that if she (Christian) were a Democrat, then the Democrat should make the appointment and I would accept that as a valid appointment,” he said.

Richmond’s comments echo those of City Council President Eugene Jankowski Jr., a Republican, who said the fact that Christian is a Republican now determines the path of the one to replace her.

DiSalvo: Time Frame Isn’t Specified

On the other side, Sammy DiSalvo (photo at left), a member of the City Democrat Committee, pointed out today that the Charter doesn’t specify what time frame it is referring to, “which leaves the interpretation up to whoever is reading it to add their own time frame.”

“This section of the Charter says nothing about when they were elected nor does it say anything about at the time the Councilperson left office,” DiSalvo added.

He took exception with Jankowski’s contention that the Charter is “pretty specific.”

“Jankowski's statement is largely inaccurate,” DiSalvo said. “There is no time frame specified. I find Jankowski speaking as if there is no debate about a time frame that is not listed in the Charter as disturbing -- that the President of Council would interject his own opinions rather than listen to those who wrote the Charter, and the lawyers who must interpret the Charter.”

Speaking of lawyers, City Attorney George Van Nest gave no response when asked by The Batavian about this situation prior to Monday night’s City Council meeting. An email seeking clarification was sent to him this afternoon as well. DiSalvo said that he placed a phone call to Van Nest last week, which went unreturned.

According to DiSalvo, wording and intent need to be considered – a point brought up in a memo from city resident John Roach to City Council. Roach was involved in the drafting of the Charter some time ago.

Rewriting of Charter May Be in Order

“Where wording is not explicitly clear, intent is the default by which we must abide,” DiSalvo said. “It is not up to the interpretation of elected officials, and it is not up to those who have political gain to make such a decision or to speak with such authority as if they are not to be questioned. For those with direct gain from this situation to make decisions about this situation is irresponsible and an abuse of our political system.”

DiSalvo said that regardless of the outcome, this part of the Charter “must be rewritten for clarification purposes.”

Erica O’Donnell, City Democratic Committee chair, said her group believes that a Democrat should be appointed since that was the party the voters of the Sixth Ward chose to represent them when Christian was first elected.

“We also are consulting with an attorney to help us interpret the charter,” she noted.

Reason for Changing Affiliations

Christian has said that she changed parties after not receiving the Democratic endorsement due to her right-to-life stance.

“That was her party for her whole life,” Richmond said. “For the nomination, they gave it to her and then they took it away. She went out and got her own signatures and got on the ballot.”

He said that Republicans didn’t always agree with her, but emphasized that “there is room in our party for differences of opinion.”

“It appears to me that they didn't give it to her because she has a heartfelt stance on abortion. I can very well understand why she switched.”

Approved city projects include police station roof replacement, water plant improvements

By Mike Pettinella

The City of Batavia is staying with Grove Roofing Services of Buffalo as it embarks on replacing the flat roof portions of its police station at 10 West Main St.

City Council, at Monday night’s Business Meeting at the City Hall Council Board Room, approved a resolution awarding a $102,890 contract to Grove Roofing and also to expend an additional $25,000 from the Facility Reserves fund as a contingency to the project, which is being managed by Architecture Unlimited of Clarence.

City Manager Rachael Tabelski reported that six bids were received, ranging from Grove’s price listed above to $190,000.

According to a memo from Maintenance Superintendent Ray Tourt updated on Nov. 2, Grove Roofing has successfully completed the City Centre Roof I project and is almost done with the City Centre Roof II project.

“We have generally been satisfied with their work and are confident they can perform the work on the PD Flat Roof Replacement,” Tourt wrote.

He advised that the existing roof sections over the 1960s addition and over the rear vestibule are in need of replacement at the current police station in the Brisbane Mansion (pictured above). His memo indicates that the roof is no longer waterproof and the insulation is saturated.

In other developments, Council:

  • Approved an amended fee schedule to adequately compensate the city for the cost of inspection and processing of construction permits and related licenses. The changes will take effect on Jan. 1, 2022.

Assistant City Manager Jill Wiedrick, who coordinated the process, said the bulk of the changes focused on establishing flat fees to make these types of costs “more predictable.”

The fees cover construction, additions, alterations and renovations for both residential and commercial projects in areas such as roofing, window and door replacement, driveways and parking spaces, siding, fences, utility sheds, pools, central air conditioners, electric generators and heating systems.

Other covered areas are demolition, dumpsters, commercial and residential building permits, engineering cost recovery, certificate of occupancy/compliance, signs, zoning, land subdivision, a variety of plumbing fees and permits, and contractor licensing.

Council member Robert Bialkowski said the changes are necessary as an “equalization” measure and to bring the fees in line with the time spent by city staff. He added that the city’s new computer software will make the process more efficient.

All Council members except Rose Mary Christian voted in favor of the amendments. Christian reiterated what she had said at a previous meeting that now was not the time to put more financial burdens on residents.

  • Approved resolutions that put the city in position to partner with Genesee County to apply for a Water Infrastructure Investment Act grant that would pay up to 40 percent of needed improvements at the Batavia Water Treatment Plant. The measures stipulate that the city would be the lead agency in the grant application process.

Tabelski said the grant would allow the city and county to apply for the full amount of the project, which actually is many projects rolled into one at an estimated cost of $3.4 million. If awarded, the grant would cover about $13.6 million of the total expense.

She also said the county will fund the WTP projects in cash on a quarterly reimbursement basis to the city per the municipalities’ 2019 Operation and Maintenance agreement. City staff currently operates and maintains the facility, while the county assumes responsibility for those costs.

  • Heard that Tabelski will be getting together with a work group on Nov. 23 to go over submissions received in regard to naming rights of the Batavia Ice Arena on Evans Street. She said that she knows of at least one entity (business) that responded to the request for proposal. The timetable calls for a recommendation to be made to City Council in December or January.

Council urged to take steps to hire, retain officers to get City of Batavia Police Department back to full strength

By Mike Pettinella

The City of Batavia’s police force needs to be at full strength because “it’s getting terrible out there,” a longtime civil servant said tonight at what looks as though will be her last meeting as a member of City Council.

Sixth Ward Council member Rose Mary Christian, when she heard that three officers have left the Batavia PD for policing jobs in other communities, asked City Manager Rachael Tabelski for the reasons surrounding their departure. Then, at the end several minutes of discussion, she encouraged city leaders to do what they could to hire and retain new recruits.

“I hope my colleagues will give a raise to hire more police … they do deserve it,” Christian said.

While providing Council with a list of updates from Batavia Ice Arena door replacements to the opening of bids for renovation of Jackson Squarer to software updates for utility and tax collection, Tabelski mentioned that the police department is close to evaluating Civil Service test results to hopefully fill the open spots.

(By the way, the city is looking to hire four firefighters as well, and in both instances, navigating through the Civil Service process.)

That touched a nerve with Christian, a staunch advocate for the police and fire departments.

When Christian asked why they left, Tabelski replied that is was for “multiple reasons,” including more money and benefits and the ability to be closer to their families. The city manager did note that Batavia police officers do not receive lifetime healthcare – something that was a benefit in years past.

Tabelski said that once Civil Service test scores are published, Police Chief Shawn Heubusch will be able to determine the number of qualified candidates.

Council member John Canale said he agreed with Christian, but suggested that the board work with Tabelski to look at the current pay and benefits package, and compare that to other similar size cities. He noted that metropolitan cities are a “completely different environment.”

Christian responded by saying that she believed “the majority of (criminals) are coming from Buffalo and Rochester” and blasted the current bail reform law as “ridiculous.”

Council President Eugene Jankowski Jr. asked if the city would be able to recoup any of the money it spent on the training, including enrollment in the police academy, for those who left the department.

Heubusch explained that if someone was hired as a lateral transfer that would apply and, in this case, one of the three fit into that category. He said he has made a request for reimbursement from the Town of Greece and is waiting for a response. The other two were hired off the Civil Service list, so there is no option for any return of city expenses.

Following the meeting, Heubusch said the Civil Service “bureaucracy” actually restricts the hiring of potentially successful officers. He said that of the about 120 who signed up for the most recent test, he’ll be fortunate to get one or two that complete the process of testing well, and passing the physical agility, psychological and other tests.

The chief mentioned that all police agencies across the state called for an overhaul of Civil Service during their work with community partners on former Gov. Andrew Cuomo’s NYS Police Reform and Reinvention Collaborative initiative.

Currently, the Batavia PD has 29 officers with the three vacancies and one position frozen as a result of negotiations with the union.

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