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As expected, the Batavia City Council passed two resolutions Monday night to restart its investigation into constructing a new police station to replace the department’s current headquarters at the old City Hall, a structure built in 1855 as the Brisbane Mansion.

After approving a transfer of $50,000 from the Facility Reserve, the board voted to contract with Architecture Unlimited LLC, of Williamsville, to conduct a feasibility study and review for the new station’s potential landing space – the parking lot on Alva Place now being used by the Genesee Country Farmers’ Market.

The $41,200 contract with the architectural firm is set up to provide the City with the recommended square footage, design and layout, ability to expand, regulatory requirements and projected costs for design and construction for both the site work and the actual facility.

Acting City Manager Rachael Tabelski presented tentative goals as follows:

• 2020-21 -- conduct the feasibility study;
• 2020-21 -- conduct financial analysis and bonding capacity concurrently with the feasibility study;
• 2021-22 -- design and engineering;
• 2022-24 -- construction.

“We’re looking to devise a plan where we can afford it with the goal of not having to increase taxes to do so,” Tabelski said.

Talk of constructing a new police station started more than 20 years ago and seemed to take hold about six years ago with the formation of a Police Station Task Force. However, the task force’s recommendation of building on Swan Street failed to materialize and little action has ensued.

In other developments, Council:

-- Approved a $328,200 contract with Keeler Construction for the Franklin Street-Richmond Avenue sewer rehabilitation project.

The City is saving nearly $500,000 as a result of changing its plan from a complete sewer line replacement on Franklin Street to an excavated repair of one section and relining of the rest of the line. From there, crews will reline the Richmond Avenue sewer ahead of its rehabilitation project in 2022.

-- Moved to its Aug. 10 meeting a resolution to contract with the Batavia City School District to provide one full-time School Resource Officer (SRO) during the school year, with the position to be paid for by the school district.

The City will be responsible for the SRO’s vehicle, uniform, equipment and training. The agreement, set to run through June 30, 2022, is on the agenda for approval by the BCSD Board of Education at its July 20^th meeting.

The City of Batavia honored Police Officer Darryle Streeter on Monday night upon his retirement (which took effect on April 30) after nearly 30 years of service.

His proclamation stated that he received several commendations for excellence in DWI enforcement, response to critical incidents and for bravery and selflessness.

In top photo, from left, Police Chief Shawn Heubusch, Assistant Chief Chris Camp, Streeter, wife, Maria, son, Benjamin, and daughter, Julia. In bottom photo, Streeter is joined by his colleagues for a group picture.

Photos by Mike Pettinella.

Two citizen members of the City of Batavia’s Deer Management Plan Committee on Monday night effectively used the spoken word to support a 21-page proposal to reduce the deer population within the City limits.

“I explained the whole management draft that we had worked on for the past eight months – I explained the highlights of that plan and what to expect for the citizens of Batavia. It was very transparent and very clear,” said Russ Nephew, who – along with Samuel DiSalvo – provided details and answered questions about the report at the City Council meeting.

The committee also included Batavia residents Gus Galliford, Fred Gundell and Kent Klotzbach, and was assisted by Council Member John Canale, state Department of Environmental Conservation wildlife specialists, former City Manager Martin Moore and Acting City Manager Rachael Tabelski.

A previous story about the archery-only deer management plan appeared on Saturday on The Batavian. The committee’s first-year goal is to eliminate up to 60 deer.

Nephew and DiSalvo said motivating factors in the committee’s work were not only trying to prevent property damage caused by an overabundance of deer, but also by ticks and diseases that whitetail deer carry, such as Lyme disease, chronic wasting disease and tuberculosis.

The committee met frequently in person and via telephone, and also surveyed areas of the city where deer have been settling. Canale said he was impressed by the group’s commitment.

“It was an experience that I never had in my eight years (on Council),” Canale said. “They took what we tasked them (to do) very seriously... It proved to me that if we can do this with one city problem, we can do this for other city problems.”

Nephew went over the three phases of the plan that deal with dates and times for hunters who opt into the program and also talked about the five designated hunting zones recommended by the committee – private and city-owned land in the areas of Clinton Street, Naramore Drive, State Street (near BOCES), Route 98 south of Walnut Street and Law Street.

He noted other restrictions and requirements pertaining to landowner agreements and DEC setbacks and mentioned that landowners must sign a form authorizing hunting on their property. Furthermore, hunters must have at least five years’ experience and have to pass a test to qualify, he said.

“There are enormous safety guidelines in that plan,” Nephew said. “I think it speaks for itself and I think we got a very good response. So, we’re looking forward, now, to next month and hopefully see this thing approved.”

DiSalvo, a former hunter safety instructor, said deer herds tend to double every year, and for the program to be effective it has to continue on a yearly basis. He said that the committee counted about 83 deer in just two of the designated areas.

“This needs to go forward,” he said. “It would be a shame if we don’t.”

He also talked about the state’s permit process, prompting input from Council President Eugene Jankowski, who is familiar with hunting regulations.

DiSalvo said that members of the 12 clubs that are part of the Genesee County Federation of Sportsmen would be excellent candidates for the program because they have “the proper morals and values, and are experienced.”

Discussion also touched upon where the deer would be dressed after harvesting, hunting on city-owned land, communication among the hunters, enforcement and how and when to approach the landowners.

“I don’t see any of the landowners saying no,” DiSalvo said.

Canale said he hoped that would be the case but “if we lose one area, we can still go forward.”

Jankowski said the “whole plan is pretty much solid except for a couple of minor details” and urged Council to move it to the Aug. 10 meeting for an official vote. In the meantime, he said the public is welcome to send emails and make phone calls to Council members to express their opinions.

Nephew thanked Moore, who departed as city manager last month, for doing a great job -- never missing a meeting and attending a sportsmen’s club meeting, and Lisa Casey, the City’s confidential secretary, for making numerous changes as the plan evolved, as well as Canale, Tabelski and City Attorney George Van Nest.

Photo: Russell Nephew, left, and Samuel DiSalvo addressing City Council on Monday night about the work of the Deer Management Plan Committee. Photo by Mike Pettinella.

The Batavia City Council is asking the owner of a popular downtown restaurant to go back to the drawing board after deciding not to support his plan to place a tent for outdoor dining in a parking lot next to his building.

Council, at its Conference Meeting tonight at the City Hall Council Board Room, determined that the obstacles identified by City management to the proposal by Vic Marchese of Main Street Pizza Company were valid reasons to reject his “COVID-19 2020 Temporary Outdoor Dining on City Property Program” application.

However, Council members and management said they are willing to work with Marchese on an alternative, possibly exploring the placement of tables behind his building or on the sidewalk in front of his building at 206 Main St.

“I understand that the restaurant business is an extremely competitive business and Vic does not have a lot of area to expand on,” Council Member John Canale said. “He’s at a major disadvantage … outdoor dining is almost imperative. We need to find an option for Vic Marchese to be able to compete with other restaurants who are basically eating his lunch right now.”

Marchese’s proposal was to put up a 15-foot by 75-foot tent, with lighting, in the parking lot on the east side of the restaurant – utilizing seven to eight parking spaces. He then would set up eight to 10 tables, accommodating up to 60 guests, under the tent.

Acting City Manager Rachael Tabelski, referring to her July 7 memo to City Council, read the reasons she and departmental leaders felt the plan would not be feasible.

She cited state building code’s prohibiting tents in a parking space, the fact that the City does not own the entire lot, the removal of prime parking spaces (including handicap spaces) and traffic issues in an already congested parking lot between Main Street Pizza and the building owned by City Church.

The Rev. Martin Macdonald, pastor of City Church, expressed his view of the situation during the public comments portion of the meeting.

“I love Main Street Pizza and I love Vic, but I’m concerned with having an outdoor tent (that would) make traffic more hazardous,” he said. “Batavia Bootery would not have enough parking spaces for their business and I’m very concerned about the square footage being taken away.”

Macdonald also mentioned that it’s already dangerous since cars parked in front of Main Street Pizza block the view of traffic coming from the west.

Canale said he understood the legalities involved, but said “as a council person, I need to protect businesses as well.”

Council Member Paul Viele was the only one to speak in favor of Marchese’s idea.

“Just put the tables up there, let the guy do it and get over it,” Viele said.

Following the meeting, Viele expounded on his thoughts.

“It’s a temporary thing here. Let the guy make some money like every other restaurant’s doing downtown and when the COVID is over, then you’re all set,” he said, adding that motorists would adjust to the tent being there.

“People would have adapted. It’s only a three-month or four-month (situation), however long it takes, and let people enjoy Main Street Pizza,” he said. “I understand Marty’s concern and I understand the Bootery’s concern, but if you look at it, Vic’s going to be taking parking spots from his own place because it’s on the side of his building. And people would adjust to it. It’s a no-brainer, in my opinion.”

Viele called it “unfortunate” that nobody else saw “Vic’s vision” but was pleased that Council is willing to work with Marchese on possible alternatives.

Marchese did not speak during the meeting, but communicated his plight with reporters as he was walking out.

“People aren’t coming in. People don’t like to eat indoors right now; they advise against it. What are you going to do? It’s all over television. Eat outdoors,” Marchese said. “I’ll give you an example. Three Saturdays ago, I left there (his business) at 8 o’clock at night and had one table. I went by Roman’s and I went by Batavia’s Original – packed in the patio, packed.”

Marchese said he’s taken “a big hit” – losing a considerable amount of the business that had elevated him to a lofty place in the pizzeria industry.

“I was named the one of the top independent pizzerias in the United States last year – number 68 in the country,” he said. “I do a big volume and every Friday, Saturday, Sunday, there’s 20, 30 people at the door, and it’s not there right now. Which is understandable. My wife doesn’t want to go out and eat in a restaurant. I need outdoor dining.”

He said he wasn’t in favor of putting tables behind the building (where the exhaust fan is located), but might be open to placing tables on the sidewalk in front.

“But the thing is they want you to keep the tables as close to the building as possible,” he said. “If I can put a table close to the building and right towards the curb, that could work. I could possibly fit eight tables, 10 tables out there, but they don’t want them close to the curb.”

During the early stages of the discussion about outdoor dining, there was some confusion over the “parklets” concept that was featured in a story on The Batavian following a recent Batavia Development Corporation meeting.

Council Member Robert Bialkowski said he was taken by surprise by the City’s approval of having parklets (enclosed outdoor dining areas) in the parking spaces along Main Street. It was then explained by Tabelski and BDC Executive Director Andrew Maguire that the parklets story was a separate issue – something discussed as a possibility in the future.

Bialkowski also questioned the process of developing the temporary outdoor dining permit and balked at the $250 fee attached to it.

Tabelski said she received feedback from Business Improvement District members who believed it would be unfair not to collect a fee and also cited costs involved with the program, including attorney’s fees for drafting the legal documentation.

Council President Eugene Jankowski encouraged Marchese to get together with Tabelski and City staff to explore options.

“It’s not our place to redesign the plan here … but we can’t approve the plan as it is now,” he said.

City Attorney George Van Nest mentioned that the State Liquor Authority carries a lot of weight when it comes to arrangements such as this one and puts an emphasis on safety, even to the point of requiring material barricades to prevent traffic accidents.

Council Member Rose Mary Christian disapproved as well, mentioning that the tent would take away some of the handicapped parking spots.

The debate ended with Jankowski stating he would call a special meeting to approve an acceptable plan, telling Marchese that “we’re not going to give up on you, Vic.”

Meanwhile, Council – during the Business Meeting afterward -- did approve an application by Eli Fish Brewing Company at 109 Main St. for a temporary outdoor dining license agreement.

Eli Fish’s application indicated that 12 tables, serving up to 52 guests, will be placed in Jackson Square, with hours of operation set at 11 a.m. to 10 p.m. Monday through Saturday.

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In another development, City Council spoke favorably of the Deer Management Plan Committee's recommendations to cull the deer population in the City, forwarding the draft to its Aug. 10 meeting for an official vote. Watch for more details on Tuesday on The Batavian.

Calling 2020 a “tumultuous year” for first-time homebuyers, Mary Leo, executive director of The Housing Council at PathStone, today presented the annual report of the agency’s counseling and owner-occupied rehabilitation programs today to the Genesee County Legislature’s Human Services Committee.

“The lack of housing choices … makes it very competitive” for those looking to capitalize on federal programs and banking institutions’ willingness to purchase their first homes, said Leo, an 11-year employee of the agency who was hired as executive director recently.

Leo said 36 of a possible 58 family units that completed a homeownership program were able to close on their first house, which means that 22 graduates are “still out shopping.”

Her report, covering July 1, 2019 through June 30, 2020, indicated that PathStone’s relationships with the United States Department of Agriculture’s Rural Development, Habitat for Humanity and local banks “have resulted in a growing pipeline of referrals to the agency,” which received $12,150 from Genesee County in 2019.

The 36 families able to purchase a home through the program are 15 more than the previous year.

Leo also said that finding one-bedroom apartments is a challenge, with “more (financial) support available than apartments."

She mentioned the agency’s foreclosure prevention arm that resolved 11 pending cases in Genesee County over the past 12 months.

PathStone’s Genesee County Handyman program assisted 92 senior citizens, down from 2018-19 due to a decrease in funding and COVID-19, she said.

“We anticipate a rise in the need for this service in the coming months,” she said.

On the subject of funding, Leo said funding remains “flat or slightly down.”

She explained that the federal Housing and Urban Development agency issues housing awards based on the number of counselors in the office and not on the number of clients served as was the case in previous years. Since Genesee County has just one certified counselor, it has resulted in long wait times for applicants.

Genesee County’s contribution is used for a portion of staffing costs for the homeownership counselor, the deputy of Housing & Grants Programs for grant writing and the county’s Handyman Program. The remaining funds are used for a portion of office space and supplies.

Leo said PathStone has received funding from several other sources, including Genesee County United Way, Key Bank, Citizens Bank, M&T Bank and HUD Housing Counseling.

A funding request also went out to Rochester Area Community Foundation to support the Genesee County Handyman Program, Leo said.

Direct subsidies for first-time buyers include a $300,000 grant from Affordable Housing Corporation for acquisition/rehabilitation, $40,000 from NYS RESTORE and $100,000 from Affordable Housing Corporation for owner-occupied rehabilitation.

In other developments, the Human Services Committee:

-- Approved a contract for $25 per hour, not to exceed $4,500, with Susan Gagne to serve as suicide prevention coalition coordinator through the county’s Community Mental Health Services agency. The pact is set to run through the end of this year.

Mental Health Director Lynda Battaglia said filling this position is “crucial” in light of an increase in attempted suicides since COVID-19.

-- Approved the acceptance of two grants for the Office for the Aging from the Rochester Area Community Foundation’s Muriel H. Marshall Fund – one for $88,000 for centralized intake and the other for marketing coordination. The grants are to be utilized through June 30, 2021.

-- Approved a contract with Tender Loving Family Care Inc., of Webster, for social adult day care services at the rates of $87 per day per person for a five-hour block, $105 per day per person for a full day (9 a.m. to 4 p.m.) and $120 per day per person for an extended full day (7 a.m. to 6 p.m.).

The agreement stipulates that expenses will not exceed $37,750 for the period of July 1, 2020 through June 30, 2021. It is being funded by: $14,040 under Title III-E Respite grant; $18,720 from the Unmet Needs grant; $990 from Expanded In-Home Services for the Elderly grant; and $4,000 from Western New York Alzheimer's Disease Caregiver Support Initiative.

Genesee, Livingston, Orleans and Wyoming counties have lost a combined $220,246 in revenue during the three-and-a-half month period that operations of the Western Regional Off-Track Betting Corporation have been curtailed due to the COVID-19 pandemic.

WROTB Comptroller Jacquelyne Leach provided estimated totals today after she and WROTB President and Chief Executive Office Henry Wojtaszek sat down for an interview with The Batavian.

Broken down by county through June 30:

-- Genesee County has lost $59,090 from operations and $4,013 in surcharges for a total of $63,103;
-- Livingston, $62,643, $5,232, $67,875;
-- Orleans, $42,760, $2,627, $45,387;
-- Wyoming, $40,640, $3,241, $43,881.

Livingston County’s has lost the most, Leach said, due to its larger population base.

Leach said that “bottom line” losses since having to close on March 16 are $2.8 million -- $2.5 in revenue and another $300,000 in surcharges that would have been distributed to the public benefit company’s 15 counties, City of Rochester and City of Buffalo.

She estimated a loss of $24 million in revenue since mid-March, funds that would have been generated from patrons at Batavia Downs Gaming, 19 OTB betting parlors and 30 betting kiosks in restaurants and bars.

Leach: Revenues Were Way Up

“Before this hit us, we were doing great … in fact, we showed a million dollar increase (in revenues) in February of this year compared to February 2019,” Leach said.

The distribution estimates support WROTB’s increased activity when compared to the total amounts given to the four GLOW counties for all of 2019: Genesee County, $83,483; Livingston County, $89,637; Orleans County, $60,923; Wyoming County, $57,612.

While WROTB officials are unable to oversee distribution of funds not received, they have taken steps to compensate their 450 employees, Wojtaszek said.

“We were able to get a $3.152 million loan through the federal Paycheck Protection Program, which covered eight weeks of payroll and related benefits (such as insurance, workers’ compensation and unemployment),” he said.

Wojtaszek indicated that 90 percent of the loan from the Bank of Castile was used for employee wages and benefits – “a much higher percentage than the required 60 percent,” he said – and 10 percent went to cover utilities.

The PPP money was applied from May 10 through July 4, Leach said, and also included a two-week period from April 17 through May 2 when employees were furloughed.

PPP Loan May End Up as a Grant

Both Leach and Wojtaszek said they expect the PPP loan to be completely or near completely “a forgivable loan.”

“With accurate accounting of the loan and how it was used, we think it will be forgivable when audited by the SBA (Small Business Administration) and the bank,” Wojtaszek said. “If not all of it, maybe just 1 percent that would have to be paid back over a two-year period.”

Initially, the SBA did not include legal gaming businesses in the PPP, but on April 24, it issued an Interim Final Rule stating that they would be eligible, stating “a business that is otherwise eligible for a PPP Loan is not rendered ineligible due to its receipt of legal gaming revenues … and believes this approach is more consistent with the policy aim of making PPP loans available to a broad segment of U.S. businesses.”

Published reports have criticized WROTB for taking the PPP loan, which was tweaked to support both small and large enterprises. In WROTB's case, the loan also covered the stipends provided to members of its board of directors.

“Our employees are more important than any criticism we may have received,” Wojtaszek said. “Plus, we had the legal opinion.”

300 Employees Out on Furlough

Starting on July 10, about 300 of the WROTB workforce went on furlough again. Wojtaszek said employees will be eligible for unemployment insurance and they will continue to receive health insurance coverage. During the July 4th week, compensation was paid out of corporation funds, Leach said.

Leach said it was a matter of taking care of the company’s “most valuable asset.”

“We wanted to take care of our employees during this most stressful time, with their health benefits intact,” she said. “They are our most valuable asset.”

Wojtaszek said the corporation is prepared to extend the furlough (meaning that employees’ jobs are safe) for up to a couple months, but is hoping that Gov. Andrew Cuomo allows the casino to reopen in the near future.

MERV-13 Filters on Order

The OTB parlors have reopened and live harness horse racing at Batavia Downs is scheduled to begin a 43-date schedule on July 25. Including administrative, maintenance, security and custodial employees, about 150 employees are currently on the job.

Both Leach and Wojtaszek said the corporation is being proactive as it prepares to welcome guests back.

“We have ordered advanced (air) filtration systems – the MERV-13 filters that go above and beyond – and expect them to be installed by the end of this week,” Wojtaszek said.

He said that other health-related measures include noninvasive temperature checks, social distancing on the gaming floor, extra cleaning and face coverings for staff and patrons.

“That (a clean facility) has been our mantra from the get-go; we’ve had that going for us for years,” Leach said.

Insurance Premiums at $1 Million

Wojtaszek also reported that the corporation’s annual premium for its complete package of insurances will increase by $270,000 to $1 million for the period of June 1, 2020 through May 31, 2021.

“It’s been a tough year for the insurance industry,” he said. “The biggest factor was that Philadelphia Insurance decided not to insure casinos anymore,” he said, noting that the policy now is with Travelers. “We didn’t have any large claims.”

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Disclosure, July 14, 12:05 p.m. -- The Batavian wishes to clarify that Batavia Downs is a sponsor of the Genesee Region USBC bowling association, of which the reporter, Mike Pettinella, is the association manager. This was brought to our attention by a reader and, while it never entered the reporter's thought process while pursuing this story, we acknowledge that this information should be disclosed.

A 14-year old boy suffered smoke inhalation and was transported to the hospital for an evaluation after he and his father attempted to put out a fire in their living room with the help of some passing volunteer firefighters on Monday morning.

Pavilion Fire Department along with nine other fire companies from Genesee, Wyoming, and Livingston counties were called to 6397 Ellicott Street Road at about 10 a.m. The fire immediately went to a second alarm as smoke and flames were showing.

One cat and one dog did not survive the fire. One other dog was assisted by Mercy EMS and the Genesee County Sheriff’s Department and is now at the animal shelter for observation.

According to Genesee County Fire Coordinator Tim Yaeger, the 14-year-old went out to the barn to tell his father the couch was on fire, the dad attempted to use fire extinguishers to put out the fire. Volunteer firefighters who were passing through the area also assisted in keeping the fire contained. Yaeger says the preliminary investigation shows that an extension cord on a window air conditioner caught the couch on fire.

The Red Cross was called to assist. The family of three does have a place to stay. The house sustained smoke and fire damage, but not much water damage and is repairable.

Alecia Kaus/Video News Service

Press release:

Genesee Community College has made the decision to suspend its fall athletic season to protect the health and safety of the students and community in light of the challenges created by the COVID-19 pandemic.

This decision will affect men's and women's soccer, basketball, swimming and diving, and women's volleyball, which is in line with the majority of Region III decisions.

GCC coaches have communicated this news to their teams, and are maintaining continual engagement with the College's student-athletes, as well as providing opportunities for safe athletic conditioning activities where possible.

"This decision, although not without its disappointments, is the best path for us to ensure the safety and well-being of our student-athletes, coaches and training staff," said Assistant Vice President of Student Engagement & Inclusion Kristen Schuth.

"While we are eager to move forward with such an important part of the student and campus experience, the landscape of this semester just does not allow us to do so in a method that would have been convincingly without associated risks. I look forward to the day when it is safe for the fields and floors of GCC to hold competitions again."

GCC will honor all signed scholarship agreements for incoming student-athletes and for those returning. At this time, the length of the fall sports suspension is unknown, and decisions regarding winter and spring sports have not yet been made. Sport-specific updates will be shared as they become available at geneseeathletics.com.

Two teenagers were seriously injured in a 5 a.m. accident on West Bergen Road, Bergen, after the 17-year-old driver reportedly fell asleep, according to a Sheriff's Office accident report.

Sierra Raye Kast, of Albion, was driving a 2008 Ford sedan southbound on West Bergen Road when the car veered off the south shoulder and ran over the top of a cement culvert before heading further into the embankment. Kast was apparently able to steer the car back onto the pavement but overcorrected, according to Sgt. Jason Saile, of the Crash Management Team, causing the car to exit the roadway on the south shoulder again, where it overturned, struck a tree that spun it around, before it struck another tree and came to rest on its roof.

Driver-side back seat passenger Arianna N. McGurn, 17, was ejected from the vehicle and was trapped in the drainage ditch under the trunk portion of the car.

Bergen volunteer firefighters used airbags to life the car off of McGurn so she could be extricated. She was flown to Strong Memorial Hospital by Mercy Flight with a leg injury. Her injuries were not considered life-threatening. 

Kast was also injured in the crash and transported to Strong by Mercy EMS.

The other two passengers were Cory Wallace, 15, and Alonso Storey, 17.

Only Kast, the driver, was wearing a seatbelt, Saile said.

No citations have been issued.

Asked if there is anything teenagers in the community can learn this accident, Saile said: “As a young driver, how much experience do you have as a 17-year-old driving at five o’clock in the morning? Unless you’re going to work or have a good reason, there really isn’t a reason to be out and about. Five o’clock in the morning as a 17-year-old, if you’re not going to work or doing something important, you should be home in bed.”

Watch out, Bambi. The City of Batavia is coming for you.

A three-phased plan intended to harvest up to 60 deer per year with archery-only hunting is expected to be presented to City Council at its Conference Meeting at 7 p.m. Monday at the City Hall Council Board Room.

According to memo dated July 6 from Acting City Manager Rachael Tabelski to Council members, the City’s Deer Management Plan Committee, formed in November, has completed its task in the form of a 21-page plan to reduce the deer population within the City limits. The committee was created in response to numerous incidents of property (landscaping/garden) damage, auto accidents and other problems caused by deer.

Working with Robin Phenes, state Department of Environmental Conservation wildlife biologist, and Council Member John Canale, the five-member committee, per the memo, has drafted a proposal that “provides a streamlined program experience and ensures programmatic compliance, program metric tracking and stakeholder/City Council communication.”

In simpler terms, the plan specifies the time frame, five designated hunting zones, and rules and regulations, and includes permit applications, landowner cooperation agreement, hunter applications, waivers and release forms and a proficiency test.

Tabelski spelled out several highlights of the plan:

-- Plan A, hunting during the New York State regulated hunting season; Plan B, an extended hunting season (Jan. 2-March 31); Plan C, archery hunt utilizing bait (subject to Council approval). Times for hunting will be from sunrise to 2 p.m., with no hunting when schools are closed.

-- Five designated hunting zones as identified on an included map, as follows: (1) parcel north of Clinton Street, (2) land in the Naramore Drive area and north, (3) property west of State Street (in vicinity of BOCES) and proceeding north from Lambert Park, (4) Route 98, south of Walnut Street area, and (5) Law Street area stretching almost to Kibbe Park.

-- Hunting will be permitted only after the landowner signs a cooperation agreement form.

-- Tree stands must be used and all hunters must shoot downward. Hunters must be properly qualified and licensed and apply to the City of Batavia to be admitted into the program.

-- The plan is subject to NYS DEC setback requirements pertaining to the proximity of bow hunting to schools, playgrounds, public buildings, etc.

-- The program will run for three years and can be terminated at City Council’s discretion.

Citizen members of the committee are Russell Nephew, Gus Galliford, Fred Gundell, Kent Klotzbach and Samuel DiSalvo.

Council will be asked to vote on forwarding the resolution to a future Business Meeting.

Other topics on Monday’s Conference Meeting agenda:

-- A draft resolution to grant approval to Eli Fish Brewing Co. at 109 Main St. for a temporary outdoor dining license agreement as part of the City’s COVID-19 2020 Temporary Outdoor Dining on City Property Program.

Eli Fish’s application specified that 12 tables, serving up to 52 guests, will be placed in Jackson Square, with hours of operation set at 11 a.m. to 10 p.m. Monday through Saturday.

A memo from Tabelski dated July 7 indicated that while the Eli Fish application qualified for consideration, an application from Main Street Pizza at 206 Main St. did not and is not recommended for approval.

Vic Marchese, owner of Main Street Pizza, had proposed to put up a 15-foot by 75-foot tent, with lighting, in the parking lot on the east side of the restaurant – utilizing seven to eight parking spaces. Eight to 10 tables, accommodating up to 60 guests, were to be placed under the tent.

Tabelski spelled out several reasons why the plan would not be feasible:

-- Per the state Building Code, a tent can not be put up within 20 feet of lot lines, a parking space, buildings, etc.;
-- The City does not own the entire parking lot;
-- The application removes several prime parking spaces, including handicap spaces;
-- The one-way street would require a traffic order and, for a temporary dining basis, the City would not be able to facilitate a Local Law change in a timely fashion;
-- A traffic safety issue would occur due to cars coming into the lot off Main Street and backing out of parking spots.

Tabelski wrote that she advised the applicant of the potential problems, but he “was not interested in modifying the application.”

A draft resolution for the Main Street Pizza request is not included in the meeting document packet.

-- A pair of draft resolutions concerning a feasibility study for the construction of a new police station at the Alva Place location and corresponding contract with an architectural firm to conduct the study.

The first resolution asks City Council to transfer $50,000 of the $242,820 in the Facility Reserve fund to an expense account.

The second resolution seeks execution of a contract for $41,200 with Architecture Unlimited LLC, of Williamsville, to provide the recommended square footage, design and layout, ability to expand, regulatory requirements and projected costs for design and construction for both the site work and the actual facility.

-- City Council will conduct a Business Meeting after the Conference Meeting. Agenda items for that session include a resolution to enter into a $328,200 contract with Keeler Construction for the Franklin Street-Richmond Avenue sewer rehabilitation project.

The cost is significantly less than the original estimate of $806,000 because the City altered its plan from a complete sewer line replacement on Franklin Street to an excavated repair of one section and relining of the rest of the line, and then to include relining of the Richmond Avenue sewer ahead of its rehabilitation project in 2022.

A full two-thirds of respondents to a Batavia City School District survey concerning reopening want students back in the classroom this fall in a traditional setting with health-related guidelines in place.

“Most of our parents want in-person classrooms and so do we,” said Superintendent Anibal Soler Jr. today following the first meeting of the BCSD Reopen Batavia Strong Task Force.

The Google Meet videoconference drew 51 participants, with 35 of them being parents of Batavia students.

Thus far, 875 people have responded to the survey, with nearly 600 of them identifying themselves as in the parent/family category. About 650 of the respondents said they had students in grades 5-12.

Soler said he is hoping to get 2,000 responses before the survey concludes on Monday, which also is the day that guidelines from Gov. Andrew Cuomo are expected to be released.

The BCSD survey can be found on the district’s Facebook page.

On the subject of reopening, 67 percent of the respondents either “agree” or “strongly agree” that in-person school should reopen in September with some new procedures to reduce the spread of coronavirus.

When asked if in-school should resume in September with face coverings when social distancing is not possible, 46 percent said “agree” or “strongly agree” and when asked if distance learning should be used until a COVID-19 vaccine is found, 68 percent clicked “disagree” or “strongly disagree” while 10 percent said “strongly agree.”

Additional survey results are as follows:

-- On the impact of COVID-19 on their family: 72 percent, some impact/noticeable impact; 22 percent, significant/severe impact; 6 percent, no impact.

-- On their confidence level to send their child back to school knowing the district will comply with all CDC guidelines: 33.6 percent, strongly confident; 28.8 percent, confident; 23.3 percent unsure.

-- On sending their child to kindergarten this fall: 54.3 percent of 247 responses said they will enroll the child; 45.7 said they won’t.

-- On having half the students in school, the other half learning remotely: 49 percent either “strongly disagree” or “disagree.”

-- On transporting their child to school to reduce the number of bus riders: 66 percent “strongly agree” or “agree.”

-- On their comfort level with busing, even with sanitizing: A mixed bag with 24 percent who “strongly disagree,” 22 percent who are “neutral” and 28 percent who “strongly agree.”

When queried about the most important safety measures, hand sanitizer in classrooms/common areas, daily temperature taking and no sharing of materials were the top three. Other measures included in the survey were COVID-19 testing, wearing masks at all times and no use of the auditorium, lunchroom or playgrounds.

Sixty-two percent said they expect sports and extracurricular activities to be provided with reasonable safety measures. Fifty-one percent responded that fans should be able to attend and 34 percent were in favor of just parents being able to attend. About 14 percent indicated that events should go on without any fans.

“The biggest thing is let’s not forget the health and safety of everybody,” Soler said. “I’m hoping we’re pretty good in the (Finger Lakes) Region; our data has shown that we’re good and that we’re able to open and welcome kids back.”

He said that social distancing will present quite the challenge.

“You’re not going to have 20 kids in a class,” he said. “With having six feet between everybody, it’s going to change things and make things a little bit interesting. We’re going to have to look at how we use our space and our buildings.”

Batavia City School District buildings are Jackson Primary School (PK-1), John Kennedy Intermediate School (2-4), Batavia Middle School (5-8) and Batavia High School (9-12).

Soler said he put the task force together to look at the big picture – reopening -- but also, through the work of subcommittees, “to peel away at some of the smaller conversations.”

“In anticipation of that official guidance we feel it is important to begin to run through potential scenarios, challenges and also include student and parent voices in that process,” he said.

Subcommittees are health, safety & athletics; transportation, facilities & nutrition; teaching & learning; equity & digital access; budget & fiscal; social-emotional needs; Special Education, English language learners & multilingual learners; and staffing & human resources.

The district, in line with directives from Albany and Center for Disease Control guidelines, is considering three models of teaching and learning:

-- In-Person (w/masks & social distancing);
-- Hybrid (Flex Model) Alternate Schedule (Distance Learning & In-Person);
-- Virtual School  – 100-percent online with an emphasis on proficiency.

“Do we bring all the kids back or certain grade levels back? That’s what I was doing today with our parents and various stakeholders," Soler said. "We have to think of these various scenarios and various teaching and learning models. I don’t have any answers yet but knowing that next week we’re supposed to get some guidance, we need to think about this now.”

After learning of the state’s guidelines, tentatively set for Monday, Soler said the task force will proceed with: subcommittee meetings; posting of the survey results; a second task force meeting (July 17) sharing data with the Board of Education (July 20); a third task force meeting (July 24); submission of the district’s plan to the state (July 31); and the governor’s decision (Aug. 1-7).

Jillian L. Hupp, 30, North Street, Le Roy, is charged with fourth-degree grand larceny and offering a false instrument for filing at 3 p.m. on Dec. 31. On July 9, after an investigation by the Genesee County Social Service investigator, Hupp was arrested on the charges. She was released with an appearance ticket returnable to Batavia Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Colby Le-Andrew Ellis, 31, of Albion, is charged with second-degree burglary, petit larceny, and first-degree criminal contempt. At 3:03 a.m. on July 8 in Alexander, Ellis was arrested on the charges after allegedly violating a full stay-away order of protection issued by City of Batavia Court. He was put in jail on $10,000 cash bail or $20,000 bond or $40,000 partially secured bond. He is due in Alexander Town Court on Aug. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Nicholas Chamoun.

Roy Alvin Watson Jr., 31, Shepard Road, Batavia, is charged with criminal possession of a controlled substance, and criminal use of drug paraphernalia. Watson was arrested on July 6 on the charges. Prior to that, on June 16, he was arrested on an outstanding warrant out of Orleans County. During the execution of the arrest warrant, Watson was allegedly found in possession of cocaine and drug paraphernalia. He is due in Batavia City Court Aug. 4. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen. 

Kaleb James Bobzien, 22, of Lockport, is charged with second-degree criminal contempt. He allegedly made numerous phone calls to a protected party who lives on West Main Street in Batavia starting on Jan. 28. He was arrested July 6 and issued an appearance ticket to be in City of Batavia Court on July 14. The case was handled by Genesee County Sheriff's Investigator Joseph Loftus.

The City of Batavia has received a “B” grade for its handling of meeting documents and accessibility during the month of June from the New York Coalition for Open Government following the nonprofit organization’s review of the websites of 20 municipalities across the state.

According to the report that took a look at local governments with populations between 10,000 and 32,000, the minutes of Batavia City Council meetings have not been posted on its website since April 27 although three meetings took place in June – a Business Meeting on June 8 and a Conference Meeting and Special Business Meeting on June 22.

The coalition report, titled “Local Governments Struggle with Timely Posting of Meeting Minutes,” did acknowledge that the City’s meeting videos are posted on Facebook and/or YouTube, but recommended that “it would be helpful if the City website directed people to where videos can be seen or provided a link to the Facebook/YouTube page.”

Criteria used to grade the towns and villages:

-- Are all meeting documents posted online prior to the meeting?
-- Are meetings being livestreamed on the local government’s website?
-- Are meeting videos/audio posted on the website after the meeting?
-- While not required by the Open Meetings Law, are local governments posting meeting minutes online in a timely fashion?

Batavia (population: 14,400) earned the “B” grade by performing three of the four actions (all except the fourth one listed above). 

Contacted today, Acting City Manager Rachael Tabelski explained that the meeting minutes are posted to the website following review and approval by City Council.

“The minutes from the June meetings will be posted after July 13 (the next Council meeting) so that Council members have the ability to approve them,” she said, adding that the City is committed to being “transparent and open.”

The City’s policy concerning the posting of the minutes doesn’t rise to the level of the New York Coalition for Open Government’s recommendation, however.

The coalition’s opinion is that “meeting minutes are timely if the minutes of the last meeting are posted before the next meeting is held. This can be done, by posting draft minutes or at the very least including the minutes from the prior meeting in the next meeting agenda packet.”

Tabelski concurred with the report that all meeting documents can be found on the website prior to the meeting. She also advised that the meetings are broadcast on Spectrum’s government access channel and on Video News Services’ YouTube page.

“There is no law requiring livestream (but) during COVID we tried livestream as it was specific to guidance during COVID because we restricted access to the meetings to the public, per Executive Order 202.1 and 202.48,” she said.

Ten other municipalities also received “B” grades while three – Geneva, Plattsburgh and Rotterdam – got an “A.” On the low end of the scale, Olean received a “D” for performing one of four standards and the Town of Lockport got an “F” (zero of four).

The study revealed that 80 percent of the municipalities surveyed, including Batavia, posted their meeting documents online before the scheduled meeting date, but Batavia was one of 12 to be more than two weeks behind in posting meeting minutes.

In conclusion, the coalition called for the New York State Open Meetings Law to be amended to require that meeting minutes be posted online within two weeks of a meeting occurring. Currently, the law in New York is that meeting minutes must be made available if requested within two weeks of a meeting.

Per its website, the New York Coalition For Open Government is a nonpartisan charitable organization comprised of journalists, activists, attorneys, educators, news media organizations, and other concerned citizens who value open government and freedom of information.

Through education and civic engagement, the coalition advocates for open, transparent government and defends citizens’ right to access information from public institutions at the city, county and state levels.

Genesee County planners tonight recommended approval of a site plan application from Genesee/Orleans Council on Alcoholism and Substance Abuse to tack on a two-story, 20-bed detoxification center to the agency’s Atwater House residential facility at 424 E. Main St.

The new 8,788-square-foot addition of the medically supervised detox center enhances GCASA’s ability to treat people afflicted with substance dependency who are seeking support and recovery.

“The great thing about this project is that it allows for the continuum of care,” said Raymond Murphy, representing the Orchard Park architectural firm of Fontanese Folts Aubrecht Ernst on behalf of GCASA.

The detox center will be constructed as a two-story, wood-framed building attached to the southern end of Atwater House. It will consist of 16 beds serving state regulations for medically supervised detoxification and four transitional residential beds (similar to those available at Atwater House).

Murphy pointed out that the architecture is “in kind to what is already on campus .. the proposed volume is two stories to match and fit in nicely with the existing volumes.” He added that clapboard siding and roofing materials similar to those already on Atwater House will be used.

Earlier today, GCASA Executive Director John Bennett said the new configuration will streamline the delivery of services to those in need.

“Operationally, the Atwater residence and the new 816.7 facility (denoting the Office of Addiction Services and Supports Part 816.7 regulation) will benefit from close proximity to one another,” Bennett said. “This will offer more flexibility, comfort and support to clients in transitioning to a residential program – a key component in the continuum of care.”

Bennett said overdose rates have increased significantly due to the combination of the COVID-19 pandemic and the opioid epidemic.

“Addiction is a disease of isolation and the pandemic has certainly isolated people from being able to attend self-help meetings, group counseling and other forms of support,” he said. “When you couple people in early recovery with isolation, the odds of relapse become increased. We need short-term medical detox more than ever in our communities.”

A letter from the architect to the planning board indicated that the proposed location of the addition is fairly open and will require the removal of about 10 trees directly within the building and parking footprint.

It also noted that a new 13-space parking lot will be added, increasing the total number of spaces to 113 (including 18 of them leased from Cornell Cooperative Extension to the west).

Plans call for the first floor of the detox center to house the “communal” functions of the building such as dining, serving, group rooms, intake and employee offices, while the second story will be split into two wings, each of which will contain four shared bedrooms (two beds each) and a bathroom.

The center block – situated between the wings – contains a central lounge, client laundry and nursing/physician spaces.

The $3.6 million addition is being funded by OASAS capital projects and will create 20 or more new permanent jobs -- nurses, counselors and support staff -- as well as several temporary construction jobs, Bennett said.

Planning Board Member Tom Schubmehl called the detox center “a welcome addition to the community … relatives and friends who have had to go for any help have had to go a long ways to get there. So, it is nice that GCASA is doing this.”

Bennett said that the proposal and architectural renderings previously were reviewed by the City Planning & Development Committee.

“They loved the way we designed it in that we made sure that it flowed with the existing Atwater House,” Bennett said. “Overall, the response was very favorable.”

The City PDC is expected to make a final ruling on the site plan at its July 21 meeting.

In other action, planners recommended:

-- Approval of a special use permit site plan and downtown design review application from V.J. Gautieri Constructors Inc., to create 10 apartments on the second floor of the Save-A-Lot building at 45-47 Ellicott St.

A previous story of the Downtown Revitalization Initiative project, known as Ellicott Place, appeared on Wednesday.

Planners’ approval suggested that future development of ground floor commercial space address access and activation of the south elevation toward Ellicott Street, and that the applicant apply for 9-1-1 address verification with the Genesee County Sheriff’s Department to meet Enhanced 9-1-1 standards.

The DRI award was for $1.15 million; the balance of the $2.3 million venture will be funded through a loan with a financial institution, said Victor Gautieri, president of the Batavia company that owns the building.

In response to a question from Schubmehl about Save-A-Lot parking lot disruption during construction, Gautieri said crews will be operating for the most part within the east parking lot where most of the Save-A-Lot employees park their vehicles.

“We will be working in conjunction with those folks to make sure they still have access to the loading dock and make sure they have access to their side doors,” he said. “Save-A-Lot has been a tenant for quite some time and we have a good relationship with them.”

Gautieri said store management is “welcoming the redevelopment of the building and believe it’s going to enhance their sales.”

He said Save-A-Lot is planning a facelift of its own – “with new signage and reorientation within the store to freshen it up.”

Previously, Gautieri said the renovation will give the Ellicott Street neighborhood a long overdue modern look.

“When Ellicott Station (across the street) comes to be, it will complementary to ours and ours to theirs,” he said. “Hopefully, we will be able to attract some businesses that are not in Batavia now, which would be very good for the downtown area.”

-- Approval of a special use permit for Krista Lewis, on behalf of the Hesperus Lodge #837, to convert the first story of the historic building at 12 S. Lake Ave. (Route 19) in Bergen from a hair salon (Radiant Hair Designs) to a laundromat with micro-salon rentals.

In documents submitted to the planning board, Lewis indicated that she plans to install six washers and six dryers for the startup. The proposal calls for the laundromat to be open seven days a week from 7 a.m. to 10 p.m.

Additionally, three spaces are being set up for hair stylists to rent.

-- Approval of a site plan review submitted by Russ Walker to operate a candy shop in an existing commercial building at 21 Main St., Oakfield, location of the former Warner’s Flower Shop.

Approved as a gift shop in March, the operator is looking to add a 20-foot by 40-foot addition to the rear of the building. The addition would house a commercial kitchen, storage space and renovated bathroom.

According to plan documents, the new construction would be a pole barn design, with steel siding similar to the building on the other side of the municipal parking lot.

-- Approval of zoning text amendments to address solar energy systems and battery energy storage systems for the entire Town of Alabama.

Planning Director Felipe Oltramari said Alabama is the first local municipality to put battery energy storage systems into its zoning code, noting that he considers these primarily as standalone “accessories” to solar systems.

Genesee County officials today learned that its mental health department will be getting 20 percent less in state aid this year.

The cut equates to a loss of $132,710 in revenue for mental health clinical services in the county, said Assistant County Manager Matt Landers.

“We’ve been told all along that there would be cuts of 20 to 50 percent,” Landers said. “We’ve been bracing for that.”

The county’s budget for the mental health department for 2020-21 is $5.6 million, he said, with state aid just one part of the revenue stream.

New York State took a bigger chunk – a 31-percent cut – out of its annual support to the Office of Addiction Services and Supports, action that will have a direct impact upon services provided by Genesee/Orleans Council on Alcoholism and Substance Abuse.

“Just in the third quarter alone, this is a $160,000 loss in state aid, with $134,000 of that for Genesee County,” GCASA Executive Director John Bennett said. “Not only will this affect services, but it could very well result in potential layoffs.”

Bennett mentioned that the federal government’s Paycheck Protection Program loan will help soften the blow somewhat.

There has been no word on cuts to the state Office of People with Developmental Disabilities (formerly Office of Mental Retardation and Developmental Disabilities).

In another development, Landers said the county has called back 19 of the 48 employees who were furloughed, including a Department of Motor Vehicles worker needed to help process a heavy load of work since the office reopened.

The furlough program ends on July 31, said Landers, adding that the county’s strategic hiring freeze continues.

Ellicott Place, a $2.3 million renovation of the Save-A-Lot supermarket building at 45-47 Ellicott St., has reached the local planning board phase – a juncture that sets the stage for the owner of the facility to begin construction this summer.

“Once the special use permits have been approved, which are allowable as part of the BID (Business Improvement District), the final step will be the issuance of building permits,” Victor Gautieri, president of V.J. Gautieri Constructors Inc., said today. “From there, we would be looking at a mid-August, possibly late-August start.”

The Genesee County Planning Board on Thursday night is expected to issue a recommendation on the company’s special use permit site plan and downtown design review application to create 10 apartments on the vacant, 11,600-square-foot second floor of the building.

The board has set its Zoom videoconferencing meeting for 7 o’clock.

V.J. Gautieri’s application then goes to the City Planning & Development Committee’s meeting on July 21, when it will rule on a special use permit to support a restricted residential use of the structure, which is located within the Central Commercial District.

Restricted residential uses are permitted in the C-3 district with the issuance of a special use permit.

The project is one of several in the City to be partially funded by the state’s Downtown Revitalization Initiative. The $1.15 million DRI award covers half of the total cost.

Gautieri said the plan is to construct seven one-bedroom and three two-bedroom market-rate apartments upstairs and further develop 18,000 square feet of first floor commercial/retail space.

Currently, the Save-A-Lot grocery store occupies around half of the ground floor, and future commercial/retail tenants on the first floor are anticipated.

Other improvements include a two-stop interior elevator, two stairwells, new exterior windows, doors, veneers and roof membrane.

“A separate entrance to the west of the Save-A-Lot entrance will be put in (for renters), with a corridor leading to an elevator lobby,” said Gautieri, adding that renovations will be made to the west side to make it more attractive for potential commercial enterprises such as a store or offices.

He said he is “hopeful and optimistic” that the apartments will be rented in short order after completion.

“There have been multiple studies concerning the need for downtown housing and all show that there is a definite need,” he said. “I see no issues with renting them. They will be of very nice quality with modern codes. We believe there is a good market for downtown living.”

Gautieri said that apartment dwellers would be required to obtain parking permits from the City of Batavia for the Court Street lot, something that is allowed in the C-3 district.

Gautieri said his company will be coordinating and doing much of the work, which includes exterior work initially. He noted that V.J. Gautieri will be soliciting bids in an “open and competitive” process for specific trades, including Minority and Women Owned Businesses Enterprises and veteran-owned businesses.

He expects construction to take about eight months to complete.

The building was constructed in 1968 by V.J. Gautieri as a Montgomery Ward store for developer Stanley R. Gumburg of Pittsburgh. In the 1980s, the Batavia firm purchased the building, a move that brought the Super Duper supermarket chain to the city.

It was sold to a partnership in Buffalo before Gautieri bought it again from a mortgage lender while negotiating a lease with Save-A-Lot Food Stores Ltd.

Drawing above shows the north, south, east and west elevations views as depicted by DEAN Architects of Depew.

The Batavia Town Planning Board tonight approved two special use permits – one for the building of a home on Clinton Street Road and the other for construction of a pond on Stegman Road.

Voting via Zoom videoconferencing, planners OK'd an application by Daniel Hale for a special use permit and area variances to put up an 1,840-square-foot single-family home on a vacant lot at 5210 Clinton Street Road in a Commercial District.

Previously, the area variances were approved by the Town’s Zoning Board of Appeals, and both the special use permit and variances were recommended for approval by the Genesee County Planning Board.

The variances were necessary in regard to the lot size, lot frontage and side yard setback. The proposed lot size is 14,560 square feet (minimum required: 40,000 square feet), the existing and proposed lot frontage is 60 feet (minimum required: 200 feet), and the proposed side yard setbacks are 17 and 24 feet (minimum required: 30 feet).

Town Building Inspector Dan Lang said his staff supports the project, considering the neighborhood in the area of Terry Hills Golf Course is predominantly residential, and the specific lot couldn’t accommodate anything other than a single-family house.

The board also voted in favor of a special use permit request by Joshua Bailey, of Bergen, to construct a two-acre pond on a 51-acre parcel in an Agricultural-Residential District at 3007 Stegman Road.

Previously, county planners recommended approval with modifications relating to having an archaeological survey conducted and submitted for review, and having a Stormwater Pollution Prevention Plan in place prior to final approval from the Town.

Town planners reported that the applicant has met the preceding requirements and, after determining the project would have no adverse environmental effects on the property, the board gave its go-ahead – with a stipulation that it receives a final engineer’s report.

Jeremy M. Fairbanks, 42, of Main Street, Batavia, is 306 (three hundred and six) counts of second-degree criminal contempt. He was arrested July 2 after a complaint of violations of a City of Batavia Court order, beginning at 4:31 p.m. on March 17. Fairbanks was issued appearance tickets and is due in Batavia City Court at 1 p.m. on Aug. 25. The case was investigated by Genesee County Sheriff's Officer Jonathan Dimmig.

Leah Rose Helen Kelly, 35, of Harvester Avenue, Batavia, is charged with 306 (three hundred and six) counts of second-degree criminal contempt. She was arrested July 5 after a complaint of violations of a Village of Bergen Court order, beginning at 4:31 p.m. on March 17. Kelly was scheduled for arraignment in Genesee County Court this morning (July 6). The case was investigated by Genesee County Sheriff's Officer Jonathan Dimmig.

Richard J. Wendt, 59, of Batavia (no address provided), is charged with criminal obstruction of breathing and second-degree harassment. He was arrested June 26 after Wyoming County Sheriff's Deputy Austin Harding and Sgt. Aaron Chase responded to a domestic incident reported at the Yogi Bear Campground on Youngers Road in the Town of Java. Wendt was transported to Wyoming County Sheriff's Office for processing, then released with tickets to appear in Town of Java Court at a later date.

David James Loiacono, 40, of Buffalo Street, Bergen, was arrested following a domestic incident at 1:02 p.m. on July 5 on Buffalo Street in Bergen. He is charged with obstructing governmental administration in the second degree, and unlawfully fleeing a police officer in a motor vehicle in the third degree. Loiacono was issued appearance tickets for Aug. 19 in Bergen Town Court then released to a third party. The case was handled by Genesee County Sheriff's Officer Jonathan Dimmig, assisted by Deputy James Stack.

Elis Salkic, 22, of Adele Drive, Greece, is charged with: unlawful possession of marijuana; aggravated unlicensed operation of a motor vehicle in the third degree; operating a motor vehicle while using an electronic device; unlicensed operation of a vehicle; and failure to stop at a stop sign. Salkic was arrested at 5:44 p.m. on June 29 after Genesee County Sheriff's deputies stopped his vehicle on Richmond Avenue in the City of Batavia. Salkic was issued an appearance ticket for Aug. 18 in Batavia City Court. The case was handled by Deputy Jacob Gauthier, assisted by Deputy Erik Andre.

Gavin J. Yauchzee, 28, of Le Roy (no address provided), is charged with petit larceny. Wyoming County Sheriff's Deputy Adam Hope responded on June 29 to a report of a larceny at the Walmart in the Town of Warsaw. It is alleged that Walmart's Asset Protection assistant observed him concealing items in his pockets, then exiting the store without paying for them. He was arrested and released with an appearance ticket for Warsaw Town Court, where he is due at a later date.

On June 22, Bergen native Rachael Tabelski assumed the role of Batavia’s Acting City Manager, replacing Martin Moore, who departed after about 20 months on the job.

The Batavian sat down with Tabelski at her office at City Hall earlier this week to learn more about her life experiences and her thoughts on being thrust into the municipality’s leadership position.

Today’s first part of a two-part feature focuses on her upbringing, education and influences.

Monday's second part provides insight into her tenure with the Genesee County Economic Development Center and Batavia Development Corporation, and an update on City management projects and priorities.

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“I believe that every position that I have taken in the community – starting with working with Assemblyman Steve Hawley and then moving to the (Genesee County) Economic Development Center to the Batavia Development Corporation to Assistant City Manager and now Acting City Manager – has been, for me personally, a step to better serve the residents of the City of Batavia.”

Buoyed by the preceding statement, Rachael Tabelski says she is ready, willing and able to manage the City of Batavia staff and work in tandem with City Council to make the community and Genesee County “better than we were yesterday.”

Time will tell whether the lifelong Genesee County resident becomes Batavia’s next permanent city manager but, at this juncture, Tabelski said she is more concerned with applying what she has learned to help move the City forward.

Tabelski’s journey to her current station began as an inquisitive daughter of Joan Fodge, who is one of 11 children of a family that put down its roots in the eastern part of Genesee County just as the U.S. Civil War was drawing to a close.

“My grandfather, Adrian Fodge, was an engineer working for GRS (General Railway Signal) in Rochester, which is now Alstom (Signaling), where my mother works,” said Tabelski, a 2000 graduate of Byron-Bergen Central School. “He also had a hobby farm in the Town of Bergen.”

She said that her great-great-grandfather came over from Ireland in 1865.

“The same time Lincoln’s body was traveling the country on the railway, I’m imagining this gentleman coming over through New York City and into the Stafford-Le Roy-Bergen area,” she offered.

ALWAYS OPEN TO LEARNING

Tabelski said her family’s varied interests and careers made for enlightening discussions at family reunions.

“We have scientists and engineers in our very big family, which I’m very proud of, and they were always interested in learning more, so I guess that’s where I get it from,” she said. “I never assume I know everything about anything. I really walk into every situation wanting to learn more -- to understand it -- and I think that’s what makes me a good fit for the City of Batavia in terms of my attitude.”

After graduating from high school, Tabelski enrolled at Virginia Commonwealth University in Richmond, Va., a move precipitated by her interest in books by acclaimed murder mystery novelist Patricia Cornwell.

“It was because I read books authored by Patricia Cornwell, based off the medical examiner in Richmond, Virginia,” she said. “I researched it and found out that this college has a Forensic Science program. But I wasn’t great at science, and I learned that when I went there and spent a few semesters there.”

Tabelski then discovered the Public Safety/Crime Scene Investigation technical degree program at the State University of New York at Canton.

"That was big then. The show ("CSI") had just come out. It was great,” she recalled.

She said students would take cars, make skid marks and measure them, and also would dress up in suits on certain days to investigate mock crime scenes on the campus.

“I never thought I would understand science until I applied that. We did fingerprinting and got tested on it,” she said. “It really was fun."

EXPLORING POLICE WORK

After earning her bachelor’s degree in 2005, Tabelski did a six-month internship with the Monroe County Sheriff’s Office under the guidance of Ron Harling.

“He was a great mentor and I encountered a wide range of experiences,” she said.

One of those was accompanying a police officer while on patrol.

“The first question they asked was do you know how to use this – a shotgun? Do you have my back?” she said. “I was like, ‘I don’t know how to use a shotgun. Do I have your back? I’m the intern.'"

She said she took a couple of civil service tests in Monroe County that didn’t pan out, and decided that becoming a police officer wasn’t in the cards.

“Harling had mentioned a program called Public Administration at SUNY Brockport, so I enrolled in that,” she said. “And it was an amazing program with amazing professors who taught a really different way to think about government.”

She went on to explain the thought process.

“Most people think about government as a need to keep their job. So, it’s difficult – with little or big problems – to solve them because if you solve the problem, what happens to your job? We were taught to think differently. Your job is to solve problems and if it means that works you out of a job, so be it. You’ll find something greater, something bigger.”

HIGH PRAISE FOR HAWLEY, HYDE

Tabelski earned a master’s degree in Public Administration in 2008, while also entering the political arena as a legislative aide to Assemblyman Stephen Hawley and as a council member on the Bergen Town Board.

She left those posts in September 2010 when she was hired by the Genesee County Economic Development Center as the director of marketing and communications. She credited Hawley and GCEDC President Steve Hyde for expanding her knowledge of finances.

“I feel that I am strong in the financial field because of my work at the economic development center -- everything I did in terms of data and analysis and financial analysis, I certainly can attribute to the work there,” she said. “Steve Hyde was a great mentor and Steve Hawley was as well as far as understanding the legislative process in Albany.”

She said that working for Hyde and the GCEDC was like embarking upon more post-graduate studies.

“I got an MPA from Brockport and from Steve Hyde I got an MBA. I went to the Steve Hyde school of business,” she said. “He’s the most creative financial mind I’ve ever met, and he helped me understand how to be creative with finances in a positive way, not in a sneaky way. He showed me how to look at things differently and how to be very creative with finances.”

She said Hawley instilled in her the value of listening to others en route to finding solutions.

“I think Steve Hawley taught me that working with persons of any affiliation toward a common goal is the most important thing you can do,” she said. “Working with all sides of the aisle to achieve a common goal is more important than any type of affiliation. That’s the biggest lesson I learned from him.”

Tabelski said the community is fortunate to have the support of Hawley and agencies such as the GCEDC along with the “talented people” who are working for the City of Batavia.

BELIEF IN THE CITY OF BATAVIA

“We have an amazing, competent staff that works very, very hard,” she said. “When you have staff in the City that believes in the City, that changes everything. And the same goes when your residents believe in their City.”

She said traces her “belief” in the City to several years ago when she was working for the GCEDC. She and her husband, Adam, and their young children moved to Batavia from Medina, where Adam was village mayor.

“We moved here because we loved the direction in which the City was heading. We saw what the previous manager (Jason Molino) was doing and the previous Council had done, and believed that Batavia was on the upswing,” she said, adding that her husband completed his duty as mayor and deployment with the National Guard.

Tabelski said she was impressed with the manner in which Molino promoted Batavia.

“I have a very high regard for his financial acumen and his ability to drive excitement,” she said. “I don’t know what he was like as a manager internally, but externally he drove excitement. When you met him, you felt like you wanted to be in Batavia. You heard about all the good things going on – the rehabbing of downtown and the Brownfield projects.”

TRAIN RIDE TO MATRIMONY

It was during her employment with Hawley’s organization that Tabelski met her future husband.

“There was a local government conference where they had a train to Albany with government officials from Genesee and Orleans counties,” she said. “Adam was a trustee at the time, so I called, said ‘I need you to sign up; we need five more people to make this trip happen.’ ”

She said that Adam, who was then working for Sen. George Maziarz, replied, “If I become mayor, I will sign up. I said, sure you will become mayor.”

He did become the mayor of Medina – at the same time that she was serving on the Bergen Town Board.

“We had a lot of things in common,” she said, “and we got married in 2011.”

The couple has a son, Adrian, 8, and a daughter, Anna, 5. Both attend St. Joseph Regional School in Batavia.

Adam served on the Batavia City Council for more than three years but had to step down when his wife accepted the assistant city manager job in August.

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Watch for part two on Monday.

Photo by Mike Pettinella.