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As part of a statewide Day of Service project, employees of National Grid volunteered at Arc of Genesee Orleans in Batavia to dismantle obsolete machines, boxes, and pallets, that had been used to recycle cans, cardboard, plastic, and newspapers. National Grid employees broke down - and prepare for removal - old equipment that has been stored outdoors on the property since the organization began implementing a new, more efficient recycling process.

“Why can’t the Town of Batavia go to 8.25 percent sales tax and use the .25 percent to prevent citizens in the Town of Batavia and companies (from) absorbing this cost for everybody from outside communities that come here to do their shopping?”

With that question toward the end of Wednesday night’s Batavia Town Board meeting, Lewiston Road resident Bill Sutton triggered a 15-minute discussion with Town Supervisor Gregory Post about sales and property taxes, and New York’s tax cap.

Sutton, (photo at right), a truck driver for Kistner Concrete, said he noticed that the meeting agenda included a resolution calling for an override of the New York State tax cap – the limit on the amount of real property taxes that may be levied by the town as it prepares its 2022 budget.

He said he was concerned that property taxes will increase and thought that bumping up the sales tax from 8 to 8.25 percent could be a way to prevent that from happening.

Pointing out that Erie County’s sales tax is at 8.75 percent, Sutton said he wondered if the extra ¼ percent in sales tax could be put in the town’s budget “so that citizens in the town don’t have to pay higher property tax.”

“Why can’t we benefit from that? Why can’t the Town of Batavia implement a little more sales tax to compensate for this, instead of property owners and businesses picking up the slack?” he asked.

TWO SALES TAX JURISDICTIONS

In his response, Town Supervisor Gregory Post said he appreciated Sutton’s questions and went on to explain that towns or villages do not have the authority to impose sales tax.

“There are two entities that are eligible to collect sales tax. One is Genesee County and one is the City of Batavia,” Post responded. “Traditionally, over the last 20 or 30 years, there has been a collaboration between those two entities to allow the county to collect all of the sales tax and then distribute 50 percent of those revenues collected or some portion of that 50 percent to the communities on an ad valorem basis.

“Which means that communities will get a percentage of the sales taxes collected by Genesee County – whether it’s 8 percent or 8 ¼ or 8 ½ or 8 ¾. Those are distributed based on the communities’ assessed valuation – taxable assessed valuation.”

Post mentioned the agreement between Genesee County and the City of Batavia that provides the city with a minimum of 14 percent share of all the sales tax revenue generated in the county. That agreement also benefits the county’s towns and villages which, by virtue of a revision last month, will share $10 million in sales tax revenue annually for the next 38 years.

Per that agreement, the Town of Batavia’s assessed value qualifies it for about 16 percent of that amount – the actual figure is $1,687,937 – and that is substantially more than the other municipalities. The Town of Darien, site of Six Flags Darien Lake, is next at $970,992, followed by the Town of Le Roy at $822,260.

The supervisor explained that the town is supported by sales taxes “and the sales tax revenues have traditionally been twice what the property tax collection levy was.”

“So, for every dollar collected in property taxes, we have been benefited by a dollar and a half to two dollars in sales tax revenues already,” he said. “And that sales tax is paid by (in part) by citizens not living in the Town of Batavia …”

'LOOKING DOWN THE ROAD'

Sutton said that satisfied that part of his question, but added that he is “looking down the road (because) here we are today – we have a shortfall.”

He continued on his point that many people from outside the town come to the town to shop, and that the town should benefit more from having to deal with extra traffic and for having many “employment opportunities.”

“There has to be something we can do as a town to increase sales tax,” he said. “There has to be something that we can go forward doing this to make it even more beneficial to live in the town – to bring a business in from outside.”

Post replied by asking him to consider, “How much benefit does Genesee County get by having a lower sales tax rate to attract shoppers from counties that have a higher sales tax rate?”

“We have spent a lot of time looking at the consequence; right now, we’re an attractive site for equipment sales, heavy equipment. We just had a groundbreaking this week (LandPro),” Post offered.

“I’m looking at the larger scale sales of automobiles and heavy equipment, and if you’re selling a million dollar bulldozer and you’re selling it because your sales tax are 8 percent instead of 8 ¾ percent, and they’re buying it and taking delivery here, we’re getting the benefit of some of those revenues that we wouldn’t get if our sales tax rate was the same as it was in another county.”

Sutton said if Genesee County went to 8.25 percent it still would be lower than Erie County (but more than Monroe County, which also is at 8 percent).

Post offered to continue the debate with Sutton, inviting him to attend a weekly (Wednesday at 5 p.m.) board workshop.

“I am happy to hear your perspective and your comments … and I’m happy to see the participation,” the supervisor said.

Sutton acknowledged that he doesn’t have access to all the dollar amounts, but pressed on with his view that the Town of Batavia has a quality of living that other communities don’t have, especially an abundance of shopping locations.

“Why can’t be benefit from this so that our children, grandchildren and great-grandchildren will also have that benefit going forward?” he asked. “We will prevent the shortfall by adding the .25 percent sales tax across the board to make it fair for not only the residences and the businesses – for everybody – to keep the property tax down that will draw business in from the outside and everybody will contribute.”

'NO OBLIGATION TO SHARE'

Post then brought up the fact that Genesee County has “absolutely no obligation to share one dime of sales tax revenue with any community.”

“They are entitled to keep 100 percent of it and it is only through the strict negotiations over the last 20 years by this board and our predecessors to come to some rational agreement where the county gets what they need to sustain their operation and not defer maintenance, and the communities in the county are benefited by the apportionment of sales taxes that they are,” he explained.

He then said he believes that Genesee County probably distributes more in sales tax to its towns and villages than another other county in New York State.

“There might be one or two other counties that do a better job with sales tax distribution than Genesee County, but locally they take 10 million dollars in revenue they collect in sales tax and they give it back to the towns to subsidize town and village operations to maintain a lower (property) tax rate.”

Post then went back to the resolution to override the state property tax cap, calling it “a statement that our community has been strategic and has been looking down the road five, 10 and 15 years financially, and retained by these resolutions annually the ability to manage our assets and modify our cash flow to meet the needs of our community so that we’re not bound and restricted by New York State and prevented from maintaining infrastructure that is key to being an attractive community to developers both international site selectors and local developers.”

The board set a public hearing on the tax cap override for 7 p.m. Oct. 20 at the Batavia Town Hall, 3833 West Main St. Rd.

Post thanked Sutton for sharing his thoughts, adding that he is “part of this community and your job as a citizen is to participate.”

Following the meeting, Post said that although it is early in the 2022 budget process, he does not expect the town’s property tax rate to increase.

The 2021 tax rate was set at $2.85 per thousand of assessed value, meaning that a home assessed at $100,000, for example, would pay $285 in town taxes for the year. The town also imposes a fire district tax, which was $2.34 per thousand this year.

Photo by Mike Pettinella.

Press release:

The Batavia Police Department is looking for assistance with identifying this pair of females who forced entry to and trespassed inside GO ART!  Anyone with information is asked to contact Detective Jason Ivison at (585) 345-6312.

Two new shows opened at GOART! and will be on display until October 28th. David Francis Burke, pictured above, has his exhibit "Human/Nature" on display as well as The Batavia Society of Artist have their annual exhibit up on display with quite a variety of works from the club members. GOART! is open 11 am to 9 pm Wednesday to Friday and 9 am to 2 pm on Saturdays. 

The Genesee County Legislature's Public Service Committee learned a lot about the history – and future – of the South Lyon Street bridge on Wednesday afternoon during a departmental review by Highway Superintendent Tim Hens.

Because of a recent inspection by the New York State Department of Transportation that revealed two “red flags,” the one-lane truss bridge (photo at top) was closed to traffic at the end of August. And it will stay that way for about a year, said Hens at the PSC meeting at the Old County Courthouse.

“That was not a surprise to us; we’ve seen that one coming,” Hens said. “It has been like a slow motion train wreck. We had our fingers crossed that we could make it through one more season.”

Hens said a new two-lane truss bridge is on the schedule to be replaced next spring and will take several months to rebuild. It’s unfortunate as motorists hoping to get from West Main Street to South Main Street (or vice versa) will have to use either the Oak Street roundabout or the River Street bridge.

“The (recent) inspection -- it couldn’t pass the (minimum) load limit of three tons, which is about the size of an average car,” Hens said.

The bridge, which Hens said accommodated about 2,500 cars per day on average, was in bad shape with secondary girders so “rusted out that you could poke a string through them.”

Built in 1982, it did, however, last much longer than the five to 10 years that were anticipated.

Hens said the bridge was selected for federal aid in 2011 but, two years later, that funding was withdrawn. In 2014, the DOT did not accept the application to replace it. Three years later, it was resubmitted – again unsuccessfully.

In 2020, the county learned that it would be scheduled for replacement in 2023, but now, in light of the red flags, it was been moved up to 2022.

Hens said the new bridge will be a truss style, as well, wider for two lanes and including a sidewalk on the west side. It also will be turned slightly to the west for easier access from South Main Street.

Other topics in Hens’ report included funding, roads, equipment, tree removal, airport, parks, facilities, water and grants.

He reported the highway department applied for 24 bridges and culverts under the 2021 BRIDGE-NY program, using a similar strategy as in 2018 by having the county’s towns apply for structures under Genesee’s ownership and maintenance jurisdiction. This number was less than the 34 applied for 2018 because the state DOT advised the county “not to flood the application pool.”

County crews replaced bridges on Sandpit Road in Alexander, South Main Street Road in Batavia, Wortendyke Road in Batavia, Macomber Road in Batavia and Alabama, and Browns Mill Road in Bethany repaired a bridge on Francis Road in Bethany.

Currently, the bridge on Colby Road in Darien is closed for repairs.

“Colby Road was a little different,” he said, calling it the biggest surprise he has seen in his career as far as bridge inspections are concerned.

After it was red flagged in 2020 for problems at the north end of the span – closest to Route 33 -- major repairs were made. Eight months later, another inspection revealed similar issues on the south end.

“We literally went from no flags, no load restrictions to, like holy cow, we’ve got to close the bridge tomorrow because it is bad,” Hens said. “It literally rated at negative two tons; supposedly it couldn’t support anything and we had cars drive over it for two months (before closing it per DOT).”

Repairs are being made now on the north end of the bridge, said Hens, adding that it should reopen to traffic in a few weeks.

Several other bridges were or are on the federal aid replacement schedule, including Upton Road in Batavia which reopened yesterday.

Other highlights of Hens’ report are as follows:

More Highway Funding Than Expected

“Between the governor and the assembly, we got an even bigger boost in our annual CHIPS (Consolidated Local Street and Highway Improvement Program) and PAVE-NY funds,” Hens said. “At the end of the budget season, we were already probably at 160 percent of our normal funding. We got a ton of money going into the season.”

With that added funding – and despite a rainy July – the county is on pace to have all heavy roadwork done by Columbus Day, “which even in a normal year we’d be happy to be done that early,” he said.

Hens reported that more than 100 miles of the county’s 260 miles of roadway have been widened to 30 feet over the past several years and that will continue even if asphalt prices continue to climb (costs are up by about 15 percent over 2020).

Emerald Ash Borer is Creating Havoc

The emerald ash borer is a green buprestid or jewel beetle native to north-eastern Asia that feeds on ash species. Also known as EAB, it is causing severe problems in Genesee County, Hens said.

Thousands of dead ash trees throughout the county need to be removed as they are infringing upon roads and exposing the county to liability.

Hens said highway crews typically remove 160 or more trees from the right-of-way each year from November through April, but for 2022, he is asking for a year-round tree removal crew with two more motor equipment operators and two more seasonal flag persons.

County to Save on Snow and Ice Removal

Hens said recent mild winters will result in about a $175,000 savings to the county as the 2021 rate paid to the towns for snow plowing will be $5,825 per mile – down from $6,515 per mile in 2020. Salt prices remain stable at $51.29 per ton.

As far as fuel prices are concerned, diesel is up 13 percent from last year and unleaded is up 21 percent from 2020.

Airport Fuel Sales Rebound

Hens said that fuel sales at the Genesee County Airport are back on pace with 2019 figures, noting that the COVID-19 pandemic did not impact fuel sales as much as expected. Furthermore, small plane traffic has increased, keeping the waiting list for hangar space at more than 20.

A new eight-bay hangar is available for rent, he said, and reconstruction of the apron (funded by a Federal Aviation Agency grant) is anticipated for next year.

The county is seeking a grant from Upstate Aviation Economic Development and Revitalization to fund a $13 million project to build a large corporate hangar, equipment storage facility, apron and parking at the west end of Saile Drive.

“If we get that grant, just submitted today, there would be an equipment storage bay attached to that building that would be 100 percent funded,” he advised.

Genesee Justice Building Needs Much Work

The stonework at the Genesee Justice building at 14 West Main St. (in front of the county jail) needs significant restoration and safety work, Hens said, estimating the cost could reach $1 million.

The county has been unsuccessful in obtain an historic grant, but will reapply this fall, he said.

Hens also said the county is studying the best way to renovate Holland Land Office.

Water Project Entering Phase 3

With Phase 2 just about finished, the county is in the planning stage of Phase 3, which could cost up to $85 million.

He said the City of Batavia Water Treatment Plant is in need of significant infrastructure, possibly costing around $2.6 million, to keep it operational in the short term. Phase 3 eventually calls for the city to shut down the plant when it becomes a retail customer of the Monroe County Water Authority.

The county also is looking into getting water from Niagara County to help support the Western New York Science, Technology and Advanced Manufacturing site in the Town of Alabama.

County Considers Huge Grants

Hens said the county could be in line for a $10 million federal grant for the water project if the reconciliation bill makes it through Congress.

Additionally, he called the Economic Development Administration Build Back Better Regional Challenge “a giant opportunity, potentially up to $100 million in funding for a regional project.”

“We’ve had several phone calls with the EDA regional director … and will try to schedule another Zoom call Friday to further discuss whether it is worth putting our eggs into this basket,” he said. “It’s a lot of steps (to complete the grant), but a great opportunity for us, if it’s the right fit.”

Press release:

Congressman Chris Jacobs (NY-27) has been awarded the Adult Education Champion Award presented by the Coalition on Adult Basic Education. Congressman Jacobs was presented the award by Lisa Lee – Executive Director of CORE Learning Centers and State Advocacy Fellow for the Coalition on Adult Basic Education.

“Congressman Jacobs answered our call and advocated tirelessly on our behalf to get funding released – preventing further shut-downs and staff lay-offs – giving our students with continued educational opportunities and access to needed services,” Lee said. “As a State Advocacy Fellow and member of the Coalition on Adult Education and member of the New York Association of Adult Continuing and Community Education, I am proud to honor Congressman Chris Jacobs' efforts as a Champion for Adult Education in NYS and across the country.”

“Congressman Jacobs has been a long-time supporter of adult literacy efforts in Western New York and across NYS. He has championed our mission and recognizes the importance of all people being able to read, write and speak English in order to be most successful in life,” Tara Schafer – Executive Director Literacy Buffalo Niagara said. “We would like to congratulate Congressman Jacobs and thank him for advocating on behalf of Literacy Buffalo Niagara and the 147,000 people that struggle with literacy in our region.”

“I am deeply humbled and honored to receive this award from the Coalition on Adult Basic Education. I have spent my professional career tirelessly advocating for quality education for our Western New York students, and I will continue that advocacy for years to come,” Jacobs said. “I want to commend CORE and Literacy Buffalo Niagara for the incredible work they are doing to help adult learners realize new opportunities and reach their full potential. It is important work, and I will continue to be a strong federal partner with them to ensure our students get the resources they need.”

The Adult Education Champion Award is awarded to legislative leaders for their work advocating for the needs of adult learners. They are awarded as part of National Adult Education and Family Literacy Week.

Press release:

Have you ever wondered how Genesee County came to be? What was the Holland Land Purchase? What is a Gibbet? How did Batavia get its name? If any of these questions pique your curiosity among many others, then volunteering at the Holland Land Office might be perfect for you. The museum is reaching out to anyone with an interest in local history who would like to volunteer. Any amount of time that can be given is welcome, even an hour a week can make a great difference. Volunteers can work in many different areas, and interests and strengths will be used to the most optimum effect. Areas of need include cleaning, gift shop, docent/tour guide, documenting of artifacts, exhibits and displays, landscaping, etc. Volunteer hours would be during the normal hours of operation of the museum are Tuesday through Saturday, 10 am to 4 pm.

If you have an interest in volunteering with the Holland Land Office Museum, please contact Director Ryan Duffy at 585-343-4727 or hollandlandoffice@gmail.com. Information can also be found at the museum’s website at www.hollandlandoffice.com.

Press release:

According to the CDC (CDC, 2020) suicide is the 10th leading cause of death in the United States. This is a concerning statistic and many people struggle with their mental health every day. There are many factors that may lead someone to think that suicide is the only option, but have you ever thought about problem gambling as a source of emotional distress for someone?

There are many people who struggle with problem gambling in the United States. It is estimated that 2 million adults in the U.S. meet the criteria for gambling disorder, with another 4-6 million people in the U.S. struggling with problem gambling (National Council on Problem Gambling, 2020).

For many people, they can gamble and not have a problem. However, for some, gambling can cause problems in their lives.  Problem gambling is anytime gambling causes problems or negative consequences in someone’s life. Gambling disorder is a diagnosis by a qualified, trained professional determined by the criteria set forth in the DSM5.

 According to the DSM5, a diagnosis of gambling disorder requires at least four of the following during the past year:

1. Need to gamble with an increasing amount of money to achieve the desired excitement
2. Restless or irritable when trying to cut down or stop gambling
3. Repeated unsuccessful efforts to control, cut back on or stop gambling
4. Frequent thoughts about gambling (such as reliving past gambling experiences, planning the next gambling venture, thinking of ways to get money to gamble)
5. Often gambling when feeling distressed
6. After losing money gambling, often returning to get even (referred to as “chasing” one’s losses)
7. Lying to conceal gambling activity
8. Jeopardizing or losing a significant relationship, job or educational/career opportunity because of gambling
9. Relying on others to help with money problems caused by gambling

It is important to remember that while all those with a gambling disorder are experiencing problem gambling, not all those struggling with problem gambling have a diagnosable gambling disorder. Whether someone is struggling with problem gambling or gambling disorder, they are at risk of having the negative consequences from gambling seep out into their everyday lives. These effects may not only impact the person struggling with gambling, but also impact their loved ones.

People who struggle with problem gambling are also at a higher risk for struggling with other mental health disorders. Two out of three gamblers reported that their mental health suffered as a result of their gambling problems.  In addition to struggling with gambling, they may be struggling with other mental health problems such as a mood disorders like depression, personality disorder, and anxiety. Someone struggling with their gambling may be cashing in retirement funds, college funds, or taking out additional credit cards and loans. These impacts can cause someone to feel hopeless, desperate, and alone.

These negative effects can take a toll on one's mental health. Sadly, problem gambling has the highest suicide rate among all addictions. When we look at suicide in the United States, 3.9% of the adult population have suicidal ideations and 0.6% attempt suicide each year (CDC, 2015). While this statistic is alarming, we find that for problem gamblers, the concern continues to grow. It has been found that 37% of those struggling with problem gambling and 49% of those with a pathological Gambling Disorder have suicidal ideations. Statistics also show that 17% of problem gamblers and 18% of those with a Gambling Disorder attempt suicide. This rate is much higher than the general population, and we believe it’s important to raise awareness of this issue through educating community providers and clients.

Problem gambling is often referred to as “the hidden addiction” because there are no physical warning signs to “test for” problem gambling. It can be very difficult to spot, so it may be difficult to know if someone is struggling with this and may be having suicidal ideations. While there are no physical signs, there are still signs to look for if you think someone may be struggling with a gambling problem.  Some things to look for are:

• being absent from friend/family events because of gambling,
• feeling stressed or anxious when not gambling,
• low work performance due to absence or preoccupation with betting, and
• lying to family and friends about how much money and time is spent on gambling.
• relying on others to get out of debt, asking for loans or bailouts
• using money needed for necessary expenses, such as food, rent, or medication for gambling

While we cannot physically test for problem gambling, there are screening and diagnostic tools that can be used to initiate a conversation about gambling. A common tool to use is the Brief Biosocial Gambling Screen or the BBGS. It is a simple three-question screen that consists of yes or no answers.

1. During the past 12 months, have you become restless, irritable or anxious when trying to cut down on gambling?
2. During the past 12 months, have you tried to keep your family or friends from knowing how much you gambled?
3. During the past 12 months, did you have such financial trouble as a result of your gambling that you had to get help with living expenses from family, friends or welfare?

If you, someone you know, or a client you work with answers yes to any of these questions, it may be time to start talking about problem gambling. Problem gambling can affect anyone at any point in their lives and can impact friends and families of those struggling with their gambling.  It can develop into a gambling disorder, which leads to damaged relationships with loved ones, difficulty at work, and financial problems. These problems can be detrimental to an individual's mental health. It is important that we start to realize the importance of talking about problem gambling, and what impacts it may have on individuals. If we take the time to educate ourselves and start the conversation, we can help break the stigma and shame out of problem gambling and get those struggling the help that they need. If you or someone you know is struggling with problem gambling, they can visit NYProblemGamblingHELP.org/Western or call 716-833-4274 to find out more and get connected to resources.

Press Release:

Each year, Office for the Aging assists older adults with their HEAP applications.  If you received your pre-printed application in the mail for the 2021-2022 HEAP season, please mail it to Office for the Aging, 2 Bank Street, Batavia, NY 14020.  You may also drop it off at the front desk of Office for the Aging.  Please be sure to include all current income information and year-to date interest and dividends earned on any accounts.

For new applicants, HEAP will open on October 1, 2021.  We will have blank applications available in our front vestibule.  If you have any questions about how to fill a new application out, we encourage you to call the office.

Due to continued concerns with COVID, walk-ins are highly discouraged.  Many questions can be answered during a phone call.  Thank you for your understanding and cooperation.   

The Batavia Town Board on Wednesday night voted in favor of several resolutions pertaining to the Park Road Improvement Project – a $4.3 million reconstruction of the busy street that runs between Lewiston Road (Route 63) and Oak Street (Route 98).

Approvals of resolutions by the board at its monthly meeting at the Town Hall on West Main Street Road are as follows:

• An amendment of a bond resolution of July 21 that increases the amount to be borrowed from $3 million to an estimated maximum cost of $4.3 million “to reflect the full nature of the costs of the project and to handle the higher than expected bids received.”

Town Supervisor Gregory Post said the issuance of serial bonds makes the most financial sense, especially since a large portion of the project cost will be reimbursed by the federal government and New York State.

“This gives us temporary cash flow to be able to pay the bills with the bond money and not having to take it from town accounts,” Post said. “Right now, we’re earning interest on 99.9 percent of the town’s money.”

• A revised supplemental agreement with the state Department of Transportation that puts the total construction cost at $3,248,915 with the federal share at $2,599,132, the state share at $435,000 and the local share at $214,783, and to include a local share for the watermain and street lighting betterment at a total cost of $1,108,085.

Renovation of Park Road has been part of the town’s plan since December 2009, when it signed the original agreement with the DOT.

• A contract in the amount of $4,077,000 with Concrete Applied Technologies Corp., doing business as CATCO, of Alden, as the lowest bidder as the general contractor for the project.

Work will consist of the installation of new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road overlaying of pavement and installation of sidewalks on one side of the road from Richmond Avenue to Route 98, and installation of new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

• A contract in the amount of $11,200 with Ravi Engineering and Land Surveying, P.C., of Rochester, to assist the town in the design of the street lighting electrical system and review the estimate of the project.

The board tabled a resolution to amend an agreement with Western Regional Off-Track Betting Corp., raising the contribution of the parent company of Batavia Downs Gaming from $350,000 to $486,870 for enhanced aesthetics near the facility.

The resolution stipulates that WROTB make three equal yearly installments of $162,290.

Post said negotiations with WROTB are continuing.

In late August, WROTB directors approved allocating $488,000 for the enhancements due to rising costs of conduit, light fixtures and trees.

WROTB President Henry Wojtaszek said he hoped to forge a contract with the Town of Batavia for Batavia Downs to maintain trees, street lights and sidewalks, and for snowplowing of that portion of the road.

In other action, the board approved:

• A contract for $13,250 with Ciurzynski Consulting, LLC, of Attica, for architectural and engineering sub-consultant services for improvements to the Town Hall and highway garage.

Post pointed out several issues with the Town Hall, including heating/air conditioning problems and flooring and the need to reconfigure work space, and with the highway garage, including replacement of the roof and insulation to facilitate cold storage to warmer storage.

• A contract for $9,500 with Wendel Companies of Rochester to assist in updating the town’s solar law.

Currently, the town is enforcing a moratorium on solar projects while a committee works to formulate a comprehensive solar ordinance. Chaired by Town Council member Chad Zambito, the committee is scheduled to meet again on Sept. 23.

Press Release:

The Genesee Community College Foundation will proudly induct both the 2020 and 2021 honorees into its Alumni Hall of Fame in Batavia today at 4 p.m. after missing last year's ceremony due to the COVID-19 pandemic.

Eager to honor the work done by these four individuals, GCC will induct Timothy S. Whitcomb, Jim H. Tuttle, David M. DiMatteo, and Robert W. Hirsch into its Alumni Hall of Fame, forever marking their contributions to their communities and the pride they have brought to Genesee Community College.

Timothy Whitcomb, GCC class of 1989, is the Sheriff for Cattaraugus County in Western New York and has served in this role for 30 years. Sheriff Whitcomb is also a Board Member and PTP Director for Law Enforcement Operations at TTMPT (Talk to Me Post Tour); an independent not-for-profit group of committed and concerned retired police officers and police professionals, and actively speaks nationwide as on posttraumatic stress disorder (PTSD).

Sheriff Whitcomb earned a master's degree in Counseling Education from St. Bonaventure University and is a certified police instructor in the areas of Interview and Interrogation, the Investigation of Sex Crimes, and the Law Enforcement Response to School Violence. Sheriff Whitcomb is a graduate of the 206th Session of the Federal Bureau Investigation's National Academy. He has also recently been certified as a SWAT Team fitness specialist.

Sheriff Whitcomb has been an adjunct professor for both St. Bonaventure University and Jamestown Community College. He has served as President for the New York State Sheriffs' Association and is a past President of the State of New York Police Juvenile Officer Association.

Jim Tuttle, GCC classes of 1971 and 1982 graduated from Genesee Community College with his AAS degree in Criminal Justice and enlisted in the United States Army. Mr. Tuttle re-enlisted in the Army Reserves several times continuing to serve the United States of America for a total of 21 years and eventually returned to earn an Associate degree in Business Administration in 1982 and later to serve on the Alumni Council.

Mr. Tuttle continued his education and earned a bachelor's degree in Hazardous Studies from SUNY Empire State College. He served as a police officer for the City of Batavia for thirty years, retiring as a Lieutenant.

Mr. Tuttle met his wife while working as an EMT at St. Jerome Hospital in Batavia.

Mr. Tuttle has demonstrated his compassion for others and the community by serving four years as a Town of Pembroke Supervisor, GCC Alumni Council member, GCC Alumni Homecoming Committee, GCC's Cougar Classic Golf Committee and on the Advisory Board for Genesee County Stop DWI.

David DiMatteo, GCC class of 1984, has been a practicing attorney in the region for over 32 years. A 1982 Notre Dame high school graduate, he began his college education pursuits at Genesee Community College, graduating GCC in 1984, he continued his education at Le Moyne College, graduating Magna Cum Laude with a bachelor's degree in Sociology then completing his legal studies at the University of Buffalo Law School in 1989. Upon graduating he took a position in Warsaw, NY where he found his own general law private practice in 1993. He works with municipalities in Erie, Genesee, Livingston and Wyoming counties addressing siting or prohibiting siting of windmills and a variety of solar projects, writing and adapting local law, and creating and financing water districts. He has worked with the NY State Senate to facilitate legislation for local communities.

Mr. DiMatteo has a farm in Wyoming County where he raises Black Angus cows and horses. He also enjoys hunting locally as well as in Africa, Alaska and the Arctic Circle. Mr. DiMatteo and his wife enjoy their farm with their three children and their new granddaughter.

Robert Hirsch, GCC class of 1997, earned his leadership certification from the Warner School of Education at the University of Rochester, a master's degree in Education from Buffalo State, a bachelor's degree in History with a minor in Education from SUNY Brockport, his coaching certification and an associate degree in History and Education from Genesee Community College.

Mr. Hirsch began his career at Warsaw Central School (WCSD) where he taught history and coached the wrestling team for over a decade. The wrestling program he built there included eight LCAA titles, seven Section V championships, over 50 sectional champions, eight individual state champions, and a team NYS title in 2007. Beyond the wrestling mat, Mr. Hirsch encouraged his wrestlers to be involved in community service; he himself served a total of 18 years as the Director of Recreation for the towns of Freedom and Arcade where he organizes the annual Summer Olympics for children.

Mr. Hirsch also coached the NYS Women's Wrestling National Team which earned Mr. Hirsch the title of 2014 Wrestling Coach of the Year by USA Wrestling. Mr. Hirsch went on to coach the Alfred State wrestling team to win the Northeast Championship and placed second two other times. Coaching four NCWA All-Americans, one National Champion and MVP of the tournament, including an eleventh-place team finish, Mr. Hirsch lead the Alfred State Wrestling team through their NCAA III transition in 2019. During this time Mr. Hirsch was the RTI Director at Alfred Almond Central School. Mr. Hirsch is currently the middle/high school principal at Franklinville Central School.

Mr. Hirsch resides in Arcade with his wife and their two beautiful daughters.

Each year, candidates are nominated by friends, family, colleagues or other associates for their impactful contributions to their profession and distinguished service to the community and/or Genesee Community College. The GCC Alumni Hall of Fame, which is located on the second floor of the Conable Technology Building, boasts honorees from a wide variety of industries and backgrounds.

The City of Batavia is doing all it can to “head off” the unpleasant odor that has been emanating recently from its Wastewater Treatment Plant, which is located behind the Industrial Park off Pearl Street.

With a $1 million capital project to replace the air header system at the WWTP completed, the ponds are receiving more oxygen and the “bugs” that breakdown the biological material are beginning to multiply again, City Manager Rachael Tabelski said in a response earlier today to an email from The Batavian.

“There will be a period of pond turnover where the organic material that was not broken down over the last several months is turned over or bubbles to the top of the ponds in an effort to digest it,” she wrote. “We sincerely hope that this post project period of turnover is only a short time and ponds go back to normal operations in the very near future.”

Tabelski reported that the city plans to conduct a headworks, capacity analysis and financial planning study for the WWTP and wastewater system in the near future.

The headworks is the first stage of the water treatment process. Its purpose is to remove large inorganic materials from the wastewater, with the goal to ensure the wastewater is free of toxins and debris when it reaches downstream equipment. 

The study, according to Tabelski, “will help us understand the long-term needs of the system and any other problem areas that need to be addressed so that we are operating at optimum efficiency and can continue to take waste from multiple industrial clients in the city and Town of Batavia.

Previously: Project at Batavia's Wastewater Treatment Plant is nearly complete

The Genesee County Legislature’s Ways & Means Committee this afternoon responded to a call from the New York State Association of Counties to oppose Gov. Kathy Hochul’s order forcing all healthcare workers to be vaccinated by Sept. 27 or risk losing their jobs.

The committee passed a resolution urging Hochul and new Health Commissioner Ann Marie T. Sullivan to modify the COVID-19 mandate by providing options such as regular testing for those opting to not take the vaccine at this time. It will be presented to the entire legislature at next Wednesday’s meeting.

“This came as a result of the letter that was sent from the nine counties in the Finger Lakes Region (expressing) our concern in regards to the healthcare crisis that is facing us on September 27^th,” Legislature Chair Rochelle Stein said. “It was delivered to the NYSAC folks, and they sent a letter immediately but they’re asking for counties to please send resolutions urging the same.”

Ways & Means Committee Chair Marianne Clattenburg echoed Stein’s thoughts, stating that “there will be a crisis in healthcare if all of these people who are not vaccinated are forced to resign their positions without any kind of alternative testing options.”

Stein pointed out that many healthcare facilities are closing departments as workers have already decided to quit.

“Just this week, Lewis County shut down – their hospital shut down their maternity ward, St. Peter’s Hospital in Albany is shutting down a whole wing and Wyoming County Hospital’s nursing home is looking at 50-plus people resigning over the vaccine mandate,” she said. “And the result is going to be overwhelmed hospitals and we’re going to be in a worse position than we were last March, April and May in New York State.”

Clattenburg said that the committee is encouraging other options, such as twice-a-week testing and masking -- “everything we’ve been doing in order to keep our healthcare workers working.”

Stein agreed, noting that while “everyone is encouraged to take their vaccine as a preventive … those who are not, this would at least give them an opportunity to continue in the care for our communities.”

On Aug. 28, New York 28 issued the order requiring healthcare workers in hospitals and nursing homes to get at least their first vaccine shot by Sept. 27. On Tuesday, a federal judge in Utica temporarily blocked the state from forcing medical workers to be vaccinated, following a lawsuit by 17 healthcare workers, who contend that not allowing religious exemptions to the mandate violated their Constitutional rights.

The state has until Sept. 22 to respond, and if it opposes the plaintiffs’ request for a preliminary court order blocking the vaccine mandate, an oral hearing will take place on Sept. 28.

The Genesee County resolution stipulates that copies be sent to Hochul, Sullivan, State Assembly Speaker Carl Heastie, Senate Majority Leader Andrea Stewart-Cousins, Assembly Minority Leader Will Barclay and Senate Minority Leader Rob Ortt.

In a related development, about two dozen people -- mostly healthcare workers -- gathered at the Main and Ellicott in downtown Batavia around 6 p.m. yesterday, holding signs stating "Coercion is Not Consent" and "If it's Forced, Are we Free?" and protesting what they proclaimed is a loss of freedom. The protesters found support for their cause by passers-by honking horns and giving thumbs up.

Press Release:

Genesee County Sheriff William A. Sheron, Jr. announces that inmate visitation resumes at the Genesee County Jail effective today. 

Press release from Batavia Police Department:

On 09/14/2021 at approximately 12:57 PM, the Genesee County Emergency Dispatch Center received a call regarding a male who became stuck in a stone bin at Western NY Concrete, located at 638 E Main St, Batavia, NY.

The City of Batavia Fire Department, City of Batavia Police Department, and Mercy EMS responded to assist.

The City Fire Department was able to extricate the victim but he was pronounced dead at the scene. The victim was identified as Randy Ridd, 64, of Batavia.

The Genesee County Coroner’s Office sent the victim to the Monroe County Medical Examiner’s Office to determine the cause of death. The Batavia Police Department conducted an investigation into the incident, which appears to be accidental at this time.

Brock Orion Doberstein, 28, of Cattaraugus, is charged with criminal mischief 2nd and petit larceny. Doberstein allegedly damaged a vehicle and stole its license plates on Aug. 14 while at Darien Lake. He was arraigned in Darien Town Court and released on his own recognizance.

Kyle Allen Hawley, 31, of East Main Street, Batavia, is charged with endangering the welfare of a child. At approximately 3:38 a.m., Aug. 26, while at a residence on Spring Street in Bergen, Hawley allegedly overdosed on a narcotic analgesic while in the presence of a child less than 17  years old.  Hawley was reportedly revived by medics with the use of Narcan and transported to a local hospital. He was released on an appearance ticket.

Press release:

The OACS Alumni Hall of Fame Committee will be honoring the Alumni Hall of Fame Class of 2021 during an Alumni Hall of Fame weekend.

This year's honorees are: Lawrence Bartholf ('59), Leanne Skelton (‘79), Mark Will ('85) and Gary Patnode (’95).

On the evening of Saturday, Oct. 16th, there will be a community dinner and ceremony to induct our newest members. The dinner will be held at the OACS High School cafeteria. Doors open at 5:30 p.m. and the event begins at 6 o'clock.

Tickets are on sale only through Oct.9th and are available at the Oakfield-Alabama High School, Oakfield Family Pharmacy on Main Street in Oakfield, or by contacting committee member Lynette Crawford through email at nwcrawford@verizon.net. Tickets are $25 each for adults and children ages 11 and up, $12 each for children ages 4 to 10 and no charge for children 3 and under.

The Hall of Fame recognizes outstanding OACS alumni who have achieved distinction in their lives and chosen field after high school through significant contributions to their career, community or through personal achievements. 

We hope to see you there!

For bios of this year's honorees, click here.

Batavia Town Supervisor Gregory Post this morning contacted The Batavian, stating that he misunderstood a question regarding the possibility of a Gabe's store coming into the former Kmart building at 8363 Lewiston Rd. and that he has not been contacted by any representatives of the West Virginia-based company.

"I want to clarify as I misunderstood the question and I take responsibility for not clearly understanding the question regarding potential for the development of a Gabe's store in Batavia," he said.

"Currently, there is no knowledge nor have we been contacted by any representatives of Gabe's or affiliates of Gabe's, and the only conversations have been between developers regarding future opportunities at the Kmart site, which has been an ongoing theme for several years, especially with the impact of the Park Road reconstruction on potential outbuilds and future uses for that property."

Post went on to say there is "no indication" that Gabe's is interested, and apologized "for not clearly understanding the question presented during a conversation last evening."

Without any information confirming that Gabe's has inquired about placing a store in the Town of Batavia at this time, The Batavian has retracted the previous story.

Press release:

The Arc New York chapters serving the GLOW region invite Genesee, Livingston, Orleans, and Wyoming County residents to “Grow with GLOW” and discover the rewards of a career as a Direct Support Professional.

Soon to be named Arc GLOW under a pending merger, Arc of Genesee Orleans and The Arc Livingston-Wyoming are participating in a statewide job fair on September 23 in Batavia and Mount Morris.

“The coordinated effort highlights the flexible, meaningful and rewarding positions available, supporting people with intellectual/developmental disabilities in their homes and day programs across our four counties,” said Martin Miskell, Arc GLOW Executive Director.

Direct Support Professionals provide integral support to individuals, such as assisting with communication, providing on-the-job coaching, and helping with daily living needs. DSP team members play a critical role in helping ensure that individuals with disabilities can fully participate in their communities.

“This is work that matters, work that is meaningful and it’s the opportunity to feel proud of the difference DSPs make in the lives of individuals we serve.  It’s a true calling to care,” the Executive Director said.

Arc GLOW Director of Human Resources, Christa Hartigan, says new Direct Support Professional team members can expect flexibility and the opportunity to advance.  “We offer stability and a generous benefits package,” she said, adding, “If you have been wondering what’s next, it’s time to find your future and grow with Arc GLOW as a Direct Support Professional.”

The September 23 Job Fairs scheduled in Genesee and Livingston Counties will be held at the following locations and times:

• Arc Community Center, 38 Woodrow Road, Batavia from 11 a.m. – 2 p.m.
• Arc Admin. Building, 18 Main Street, Mount Morris from 9 a.m. – 4 p.m.

Direct Support Spotlight

Oakfield native, Kristen Ace first started working at Arc after college and returned in 2018 as a Relief Direct Support Professional in residential.  She now works full time at Arc’s Day Habilitation Center in Elba as a Day Habilitation Specialist, and describes her job as very rewarding. “I love what I do and I love being here to help, advocate and teach. I go home happy, knowing that I’ve made a difference and look forward to going in tomorrow.  I smile knowing the ladies I work with had a great day,” Kristen said. “I’m glad I decided to come back to the Arc and begin my career!”

Jessica Stevens, an Arc staff from Leicester is the Assistant Site Supervisor at Arc’s Warren IRA residence in Warsaw.  According to Jessica, she enjoys finding all the good about the individuals she serves in the residential program.  “I get to learn about their past, their dreams and goals and what’s helped mold them into the person they are today,” she said, adding “Assisting people out of rough patches, reminding them of all they are, and making my guys laugh is definitely a favorite part of my job.” Jessica’s career at Arc began in the Day Habilitation program.  During the height of the pandemic, she picked up extra shifts in the residential department, and transferred there when she realized how much the enjoyed it.

“Remember, this is work that matters and an opportunity to make a positive influence on the lives of others,” Executive Director Martin Miskell said. “Please plan to attend one of our job fairs on September 23!”

Submitted Photos. Top photo: Jessica and Joe at his Arc home in Warsaw.  According to Jessica, she loves to learn about the individuals she serves and help them plan for their future.

Stephanie and Arc’s Kristen Ace show off a completed puzzle. Kristen says knowing she makes a difference each day in the lives of others is an amazing feeling.

A City Council member’s request Monday night to add a “Divide New York” discussion to a future Conference Meeting agenda resulted in an admonition by Council President Eugene Jankowski Jr. over her use of a certain word.

Toward the end of the governing body’s Business Meeting at City Hall Council Board Room, Rose Mary Christian brought up a bill sponsored by Assemblyman Steven Hawley that provides for a referendum on the question, Do you support the division of New York into two separate states?

“I think we have a right to bring this forth so people will be able to vote on it next year, and leave it up to every resident in the State of New York …,” Christian said.

The Sixth Ward representative then accused Council President Eugene Jankowski Jr. of attempting to prevent it from being discussed.

“I don’t recall telling you that,” Jankowski replied, as Christian said, “Oh, yes you did.”

Jankowski then said he recalled telling her he didn’t think it was appropriate for City Council to weigh in on it.

“It is appropriate; it’s for local governments,” Christian said.

Jankowski agreed to put it on the agenda, adding, “That’s what I think we intended to do, but you never got back to us.”

“No, you didn’t,” Christian replied. “You might be able to bull---- these other people, but you’re not going to do it to me.”

That prompted Jankowski to say, “Will you please watch your language, Rose Mary? We’re on video and there might be some young child watching it.”

Seeking the last word, Christian said, “Oh, please. Give me a break – with the language that’s out there now. Are you serious?”

Jankowski then asked, “Are you done?”

To which Christian responded: “Will you please put that on for the next meeting? I’m done.”