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A $12.1 million capital improvement project at Le Roy Central Schools is running under budget, and district officials are looking at adding three more tasks to the to-do list, Superintendent Merritt Holly told trustees at their meeting Tuesday night.

Officials will seek bids on:

• Replacing heat pumps at Wolcott School and the Jr./Sr. high school;
• Replacing curtains in the theaters at both schools; and, 
• Replacing switchgear in the Lapp Building.

"So those are the three areas that we've kicked back to CPL (civil engineer firm in Rochester), to get a design in on those, so that again, if we have money left over, then we have designs set in place to get into SED (State Education Department) to get approval," Holly said.  "If you notice those fit in very close to what we went out with before, which was heating, cooling, and those type of items, not glamorous stuff that people are going to see but stuff that we know we need to run our buildings and protect our assets."

The curtains in the theaters have been in place since the theaters were constructed, Holly said. The immediate need is to spray them with fire retardant, but they've also reached the end of their useful life, he said. They're falling apart and should be replaced rather than just treated one more time.

Construction on many of the items in the capital improvement project will begin this spring. 

Among the items at Wolcott School:

• Convert heating controls to electronic
• Reconstruct the building's parapet
• Replace the roof
• Precast window and sill reconstruction
• Replace exterior windows
• Stair tread replacement

The construction will impact the Oatka Festival in July with construction equipment and fencing blocking some of the area used by the festival in past years for vendors.  Holly said he's met with Oatka organizers to go over options for a new site plan for the event.

COVID Update
Holly also gave the board an update on COVID testing and protocols.  

Beginning March 7, "test to stay" tests will be administered "right before school," Holly said.

Currently, tests are offered from 7 a.m. to 8:30 a.m each day.

We'll do it before school because numbers have dropped," Holly said. "If numbers come back up again, after break or whatever, we're prepared to go back (to testing) in the morning. But right now, we can handle everything that we need to just before school."

Recently, the district handed out 64 at-home tests to parents and community members. 

State Audit
Up to a half-dozen auditors from the NYS Comptrollers Office will be in Le Roy, or some working remotely, for an audit of the district.

The Comptrollers office routinely audits every government agency in the state.

"Just remember with an audit, they're not going to tell you the good things that are going on," Holly said. "It's going to be just things that obviously procedure-wise, it can be improved."

Officials have not provided the district with a precise date the audit will begin, but Holly said he expects the audit sometime in the spring, before the end of the school year.

"This is the first one I've had during my tenure here," Holly said.

Photo: Via Le Roy Central School District capital improvement project presentation.

The first New York State Bike Census has been developed and Genesee County certainly is going along for the ride.

County Planning Director Felipe Oltramari today said the state bicycle census – actually a survey that takes only a couple of minutes to complete – fits in well with the Genesee’s newly-adopted Recreation Plan.

“Our rec plan has a lot to say about this,” Oltramari said. “Community trails are a major recommendation of the plan (and the availability of trails is touched upon in the state census).”

Oltramari said that although the county did its own surveying through the Genesee 2050 project that created the Recreation Plan, the NYS Bike Census “will help bring those initiatives we identified up to the state level which should help when searching for funding opportunities.”

Here is the link to the state bike census:

https://nyserda.az1.qualtrics.com/jfe/form/SV_aaOKnyxZSgkskmi

Created through a partnership between the New York State Energy Research and Development Authority and Urban Cycling Solutions, the cycling census represents New York’s first statewide dataset on bicycle integration with mass transit.

The purpose of this short survey is to collect insights from cyclists and transit customers from all over the state to better understand opportunities and barriers for active first/last mile transportation.

Each participant will be entered to win one of three $150 Planet Bike gift cards as long as an email address is provided at the end of the survey.

Oltramari said county plans include expanding Ellicott Trail east and west, creating trailhead (parking/access) locations for this trail and adding connections/new corridors to form a trail network through the county.

Additionally, plans call for identifying appropriate town, county and state roads for paving of shoulders to facilitate recreational and multiuse purposes.

Per the Recreation Plan:

“In the absence of other trail facilities throughout the county, paved shoulders on the edge of certain Genesee County roadways can be enhanced to serve as safe and functional space for bicyclists and pedestrians to travel. Paving of road shoulders would be appropriate in more rural areas where there are few designated trails and expected pedestrian and bicycle activity. Walkable and bikeable shoulders could be provided along both sides of county roads routinely used by pedestrians.”

There’s a well-known tenet of business that you have to spend money to make money.

However, when a pandemic hits and stalls theater renovations and the ability to make money with shows, only half that rule is visible, says Pat Burk of Batavia Players.

“We already paid for a number of shows for this year’s season. When you buy the rights and royalties to a show, you’re never going to get that money back,” Burk said during an interview with The Batavian. “COVID slowed down the demolition. We were supposed to be in there; COVID stalled that for 20 months. We had to start spending money and create a season for 2022, without a home to do it in.”

Not to worry, he said. The theater group is gradually getting back on track with its new Main Street 56 Theater space at City Centre. Well-equipped with grants of $400,000 and just shy of $700,000 for construction, Batavia Players encountered that tired old COVID script of encountering supply chain issues — material shortages — coupled with the need to haul out several containers of equipment, medical records, conduit, and electrical supplies from a defunct medical office.

“They just walked out and left it all there,” he said. “We did nothing else but two weeks of electrical demolition.”

Some actors have left during the lull, and new ones have joined the theater, he said. Those purchases of show rights have left a dent in the theater’s piggy bank, and therefore Burk is appealing to the community for help. He sent out an email asking that individuals, groups, and businesses consider buying a program ad.

“Recent events have led us to have to raise $17,000 to $20,000 in order for us to continue our season in 2022, and to make our goals for our construction of the Main St. 56 Theater,” he said. “By placing a sponsorship ad in our program all year, you will be a huge help in making sure that the Batavia Players’ 90th year of performing continues.”

He is happy to announce a seven-show season that kicks off with Love’s Labour’s Lost March 4, 5, and 6 for a perennial Shakespeare in Springtime series. Six new actors have joined the cast, and “our actors, technicians, and Board of Directors are working hard” for a successful year of classics to full stage musicals, he said. 

Other shows from April to December include The Springtime Music Spectacular, Back on the Boards Again: The Best of Broadway, The Importance of Being Earnest, Peter Pan (Summer Youth Theater), Godspell, Uncle Vanya and Miracle on 34th Street, the Musical.

Deadline for program ads is March 1. For more information, go to: www.bataviaplayers.org

Top photo: Main St. 56 Theater's shop has been ready for patrons with lots of theater trinkets and memorabilia at the new City Centre location. Batavia Players is set to begin its 2022 season with Love's Labour's Lost the first weekend in March. Photo by Howard Owens.

An older woman at 167 Vine St. Batavia, using a walker, was reportedly helped from her house while it was filling with smoke this evening by an identified female neighbor.

The woman, whose name has not been released, was treated at the scene for minor smoke inhalation. 

Interim Fire Chief Dan Herberger said it appeared the fire started in the basement and the basement was fully involved by the time fire crews arrived on the scene and was starting to make an incursion into the first floor by the time it was extinguished.

"There is significant fire damage in the basement and the fire popped up through the first floor," Herberger said. "There is significant smoke damage throughout the house. There is a lot of damage.

Mary McCarthy, daughter of the resident of the house, and her husband Mike McCarthy told The Batavian's photographer Jim Burns about the apparent rescue of her mother by a neighbor and said she became aware of the fire when receiving an alert on her mobile phone from the house's Ring security system and she could view the smoke through the Ring's recorded video. The McCarthys immediately headed to the house.

The fire was reported around 6:30.

City Fire along with Alexander's Fast Team, with mutual aid from the Town of Batavia and Le Roy Fire, responded to the two-alarm fire.

Herberger said the fire was somewhat difficult to fight because the basement is set up for a home hair salon, so there are barriers in the basement along with chemicals.

The original dispatch placed the fire at the YWCA on North Street but when crews arrived, they determined the fire was at the residence.  There was smoke coming from the chimney, which on a warmer day, indicates basement fire, Herberger said, and flames showing from at least three basement windows. 

County records indicate the home is owned by Joyce Meisner and Mary McCarthy.  The ranch-style brick house was built in 1950 and is 1,715 square feet. The assessed value is $155,000.

UPDATE: Press release,

On Monday, February 21, 2022, at 6:34 pm the City of Batavia Fire Department responded to reported smoke from a house at 167 Vine St. in the City of Batavia.  Initial fire units arrived at 6:38 pm to find smoke emanating from a one-story, single-family home.  One occupant of the home was assisted to safety by the City of Batavia PD and neighbors upon FD arrival.  Fire crews entered the home to find a large volume of smoke throughout with fire in the basement.  Crews had difficulty locating the fire due to its location in the basement.  The fire was placed under control at 7:32 pm.  Extensive fire and smoke damage were caused to the structure and contents.

Two civilian injuries were reported, however, both refused transport to the hospital.  No firefighter injuries were reported. 

The cause of the fire is under investigation by City of Batavia Fire Department fire investigators.  

The City of Batavia Fire Department was assisted by the City of Batavia Police, City of Batavia Bureau of Inspections, Town of Batavia FD, Alexander FD, LeRoy FD, Genesee County Emergency Dispatch Center and Emergency Management Office, Mercy EMS (as well as an ambulance from the FEMA deployment to the area), National Grid and National Fuel.

Photos by Jim Burns

Bob Knipe's passion for the arts, community, media, and technology are all symbolized by the new podcast studio at GO Art!'s home, Seymour Place, in Batavia, according to his son, Tom Knipe, and Knipe's wife, Linda Knipe, who both spoke Sunday prior to a ribbon-cutting at the studio.

"My dad was somebody who this is just such a fitting thing to do in my dad's honor," said Tom Knipe, who currently runs the industrial development agency in Ithaca. "He was a college media guy. He was a radio guy. He, he loved really good sound. He was an audiophile since forever. I remember him putting huge headphones on my head when I was two years old. Listen to this. So it's very fitting."

Knipe was involved in numerous community organizations, most of them around the arts.  He was on the board for GO Art! (and continued to be actively involved after his term on the board expired), as well as playing with and volunteering for the Genesee Symphony Orchester, Batavia Concert Band, and the Genesee Wind Ensemble.  He was also a Rotarian and served on City committees.

"He saw all of his activities as critical contributions to the local community and its economic development," Linda said. "He told us some time in those final days that music brought meaning to his life. He said, 'without music life is kind of a cruel joke. I believe that there is music to the atmosphere, the sciences, the flow of electricity, the beat of the heart. Music is fundamental to everything.' And volunteering was fundamental to Bob's character and upbringing as well."

GO Art! Executive Director Gregory Hallock recalled the arduous path he took to get his job.  He first applied in 2015 and didn't get the job.  He said it was Knipe who called him to say he didn't get the job.  He told him, Hallock said, that he wasn't ready. When the job opened up again in 2016, Hallock applied again.  Again, Knipe broke the sad news but this time with an alternative offer:  Hallock could become the assistant director, a position that hadn't existed before and would need to be funded through a grant.

"He had this plan," Hallock said. "He wanted me to come in as the assistant director because I wasn't from the area. He said you don't know anybody but you're meant to be here. He said, it's not your time. You need to be under somebody. So they hired, they got a grant to hire me, and brought me in, in February of 2016 so that I could work for a year under somebody else and then take over."

Linda Knipe said Bob always saw potential in Hallock and Hallock said Bob Knipe was always there for him.

He painted the main gallery.  He built art displays. When Hallock floated the idea of a library in Seymour Place, Kniped showed up with books to donate.  That was nearly five years before the library opened.

Whenever Hallock put the call out to board members, and even though Knipe was no longer on the board, he was always the first to respond.

"I always got a phone call or text from him, saying, 'What do we have to do? How do we make this happen?' Hallock said. 

Linda said Bob loved Batavia and wanted to see it prosper and its people do well.

"Those of you closest to Bob probably understood his motivations but he loved people," Linda said. "His efforts were to change people's lives for the better, individually through programs and through building a community that was fun, interesting, and fulfilling to live in. He worked tirelessly to provide opportunities for people to grow."

Top photo: Bob Knipe's grandchildren, Alice, Eleanor, and Alder, along with Linda Knipe and Tom Knipe, cut the ribbon in the new podcast studio.

Tom Knipe.

A special use permit request to change a piece of property from agricultural to utility solar use prompted many questions from Pavilion Town Planning Board during this month’s meeting.

Applicant NY CDG Genesee 4 LLC requested the permit for a 4.275-megawatt utility solar farm at 6464 Shepard Road, Pavilion. Code Enforcement Officer Matthew Mahaney said the project met solar law guidelines with the proposed size of just over 19 acres. The law caps it at 20 acres, he said during the meeting at Pavilion Town Hall.

Due to the enormous file size of documents sent online to board members, most of them weren’t able to open or review the project. Board Chairman Bill Fuest said he has plenty of questions, such as the height of the panels, how they are tilted, how the property will be maintained and the proximity of the solar farm to neighbors.

Those details weren’t covered in the initial plan anyway, Mahaney said. The request would require a public hearing, and he suggested that questions could be discussed at the next meeting in March, followed by a hearing. 

“I would prefer to have a session in March with the application team, and use April for a public forum,” Fuest said. 

Town Attorney Mark Boylan and the applicants are to be present at future meetings, and a public hearing will most likely be scheduled for April, board members agreed.

The Shepard Road property is owned by Suzanee and Douglas Waite, and Bogdan Dinu of BW Solar is also part of the application.

To view the site plan, click here (pdf).

Pembroke Central School Board approved more than $2 million in bids for its 2021 capital improvement project during a special meeting conducted this past Thursday.

Superintendent Matthew Calderon said the meeting was called so that the bids and project could move forward “sooner than later.”

A total of $2,139,223.25 was approved for the following individual bids:

• $496,775.79 to Edward Holme, Inc. for site work$756,000 to Willett Builders, Inc. for general trades work
• $107,000 to Parise Mechanical, Inc. for mechanical work
• $445,000 to DV Brown & Associates for plumbing
• $293,913.73 to Astroturf Corp. for track resurfacing
• $40,533.73 to Johnson Controls, Inc. for energy-efficient temperature controls

The project, approved by district voters in 2021, covers renovations and upgrades that comply with the Americans with Disabilities Act and per the district’s Building Conditions survey. Work includes:

Pembroke High School - Install auditorium ADA stage lift, ADA upgrades in restrooms throughout the building, install discus cage fencing (a safety issue), resurface the track, which has been deemed to be "at the end of its life."

Pembroke Intermediate School - Install auditorium ADA stage lift, ADA upgrades to the first and second floor main restrooms, retrofit the existing auditorium house lights, replacement of flooring in corridors, cafeteria, and select rooms.

Pembroke Primary School - Install auditorium ADA stage lift, asphalt reconstruction of parking lot and driveway around the building.

District officials have said the project will not affect taxpayers since a majority of the cost — 73 percent — is to be paid from state aid, and $1.1 million from the Capital Reserve Fund.

Below, a video of the project presentation via Pembroke Central School:

A proposed campground in Pavilion not only meant a lot of questions, research, legwork, time and expense, but it also proved to be a major learning event for applicant Jesse Coots and the town planning board.

During this week's planning board meeting, Pavilion Town Supervisor Rob LaPoint thanked the board for performing due diligence on a project that contained “the greatest emotional hits of everything that was confusing and frustrating to come before a board.”

“You’ve been through it all at this point,” LaPoint said. “Anything else from here … will be much less intimidating.”

He assured the board he planned to do a forensic review of the entire process so that all involved can become more structurally and procedurally informed the next time around. 

“To be better as a town and functioning in a more efficient way,” he said. 

The project included a 110-acre parcel divided up into 27 acres for the Lokee-Hikee Campground on Perry Road. Coots had requested a special use permit for the project, which prompted many questions along the way, from locations of the main entrance and main driveway and whether there was an adequate water supply to expected traffic patterns and potential environmental impacts. He had expected a decision after a scheduled public hearing last year, but the planning board rendered that hearing null and void and asked that Coots complete another application. 

Navigating through the process has been trying for both Coots and planning board members. Planning Board Chairman Bill Fuest thanked the members of his planning board for seeing this project through to a final approval, and for the ample “input from all parties” involved. 

After the year-long process of nailing down necessary details and code requirements, applicant Coots was thankful to receive a thumbs up Wednesday. 

“This has been a long and expensive road and, sadly, a contested road that cost us our life savings. It’s gone now, but we’re moving forward. We are so excited to know our future. Our girls are happy and our future is now,” Coots said Thursday morning. “We look forward to all of the process from here out. We understand it will be hard work and long hours but we oddly look forward to doing it all together with ourselves and our community. It’s a really exciting movement forward for us and our small community.”

Coots’ efforts hadn’t gone unnoticed in his community. During a public hearing in January, a large portion of a packed town hall was a group of his supporters. Once word of the approval went online, his phone “blew up with phone calls and messages,” he said. He was overwhelmed with the 38 voicemail and 107 text messages sent to him with congratulations of a hard-won battle with neighbors contesting the project and to meet planning board requirements. 

“We’ve spent the last year of our lives trying to bring a nice thing to our community and, unfortunately, have been greeted with heartache,” Coots said. “Therefore, we had to fall back on law. We give huge props to the “county zoning” for making sure code is followed by town boards.”

He also handed out “props” for the community and its ongoing support, the town board and planning board members who “walked the line of what’s right.” He and his family are excited to move forward with the physical and financial work of the campground, while leaving the “subjective and opinionated work” behind them, he said. 

“This is the best I’ve felt in 12 months,” he said. “Really excited to move forward and do good things.”

With some $6,000 less money raised due to pandemic challenges, the 2022 senior class had to take their dream trips down a notch.

After slightly more lavish possibilities of visiting Boston or Cleveland, the class has put forth two options that better meet budget constraints, Batavia High School special education teacher Lorraine Gammack says.

“We don’t have a lot of money because of COVID,” Gammack said during this week’s school board meeting. “In a class budget, a senior class typically has $10,000 at this point. We’re just $50 shy of $4,000; that’s a big deficit.”

Class President Mackenzie Lavrey reviewed the two choices made by class vote after floating the suggested ideas for a trip to Boston ($700 a person) or Cleveland (just over $600 each). Both of those trips were deemed too expensive, Gammack said. She in turn thought that a three-day visit to Allegany State Park was a great one, given that she has taken students there before. 

Due to the vast expanse of property, Gammack wanted to have a bus that could take some kids to destination spots, such as Quaker Lake, once they were at the park, but that wasn’t feasible with the current budget, she said. 

Despite the shortage of funds — or perhaps because of them — a Connect Kids to Parks grant program could potentially pay for nearly everything, she said. The grant would cover everything from a Dumpster service to laser tag activity. The trip is tentatively slated for June 15, 16, and 17 at a park facility with two dormitory complexes, a classroom, picnic pavilion, and activities of swimming, fishing, kayaking, canoeing, and laser tag. 

The trip cost is “super affordable,” she said, at “$100 per student.”  The grant is in progress, she said. There would be one chaperone for every eight students and meals will be on a creative budget, such as the beach party dinner one evening with district personnel doing some of the cooking. 

One caveat so far is that the facilities have a limit of 34 boys and 33 girls for the class of 164 students, with 38 girls and 10 boys being signed up so far, she said.

Dormitories are large and could accommodate both boys and girls in one building if necessary. 

“The dorms have an east and a west end,” she said. “We could make it work.”

The board gave preliminary approval for the trip, and a second one-day excursion to Conesus Lake, tentatively set for June 6. 

Other approvals included:

• A 2020 capital project to expand outdoor amenities at Jackson Primary School by knocking down 245 Liberty St., a former bakery donated to the district in 2017. The plan is to create additional parking and green spaces, and a pedestrian walkway adjacent to Jackson Primary School.
• A resolution that supports the state Senate bill S7600 regarding cyberbullying. This amended bill establishes that “any person who knowingly engages in a repeated course of cyberbullying of a minor is guilty of an unclassified misdemeanor punishable by a fine of not more than one thousand dollars, or by a period of imprisonment not to exceed one year, or both.” (See related article, "City schools trustees back proposed cyberbullying law.")
• The purchase of portable two-way radios as part of public safety communications in school buildings. The price to buy the radios from Saia Communications Inc. is $41,277.22.
• A proposed baseball trip to Florida. (See related article, "Spring baseball trip a go for Batavia City Schools’ athletes.")
• A revised emergency roof repair plan from Campus Construction Management and the proposed bid from Spring Sheet Metal and Roofing, LLC for Batavia High School.

Top photo: From Allegany State Park website

The National Weather Service is forecasting that by late tomorrow afternoon, the Tonawanda Creek could crest at 10 feet.

Measurements are taken behind the County Courthouse.

Currently, Law Street is closed with minor flooding near Walnut Street in the City of Batavia. Stegman Road in Pembroke is also closed.

Kibbee Park is flooded to the brim.  There is minor flooding on South Jackson.

Send your flood photos from anywhere in Genesee County to: howard@thebatavian.com

CORRECTION: This story previously used measurements and forecasts for the wrong stream gauge on the Tonawanda.  It's been corrected to reflect the correct stream gauge.

Kibbe Park

Law Street near Walnut.

Behind the County Courthouse

South Jackson.

Richard N. Ervin, 34, of Clinton Street, Newark, N.J., is charged with grand larceny, criminal possession of stolen property, and aggravated unlicensed operation 3rd. Ervin is accused of being in possession of a stolen vehicle at 9:56 p.m., Feb. 15, on Alleghany Road, Pembroke. Ervin was arrested by Deputy Jeremiah Gechell.

Vivon Larue Wenner, II, 57, of East Oak Orchard, Medina, is charged with felony driving while ability impaired by drugs, felony DWI, driving left of the pavement markings, and following too closely.  Wenner was arrested following an investigation into a traffic stop at 6:55 a.m., Nov. 4, on Lewiston Raod, Oakfield, by Deputy Jordan Alejandro. Wenner was released on an appearance ticket.

Collin Robert Grimes, 22, of Oakridge Drive, Irondequoit, is charged with DWI, driving with a BAC of .08 or greater, unsafe tires, moving from lane unsafely, and speed not reasonable and prudent. Grimes was stopped at 5 a.m., Feb. 13, on Mullen Road, Stafford, by Deputy Morgan Ewert.

Eric David Murphy, 43, residence no specified, is charged with DWI, driving with a BAC of .08 or greater, an uninspected motor vehicle. Murphy was stopped at 2:24, Feb. 13, at a location in Le Roy, by Officer Jordon Wolcott.

Shawn Michael Twardowski, 39, of Lake Street, Le Roy, is charged with petit larceny.  Twardowski is accused of stealing two alcoholic beverages from Sav-A-Lot in Le Roy at 9:47 a.m., Feb. 16. He was released on an appearance ticket.

Joseph Conklin, 41, of North Avenue, is charged with criminal contempt 2nd.  Conklin was located by Le Roy patrol officers Curtis Miller and Stephen Cappotelli in the basement of a residence on North Street, Le Roy, at 3:17 p.m., Feb. 11, in violation of a court order. He was released on an appearance ticket.

Thomas R. Collins, 51, of Sunnyside Lane, North Chili, is charged with DWI, driving with a BAC of .08 or greater, resisting arrest, failure to obey traffic device, and obstruction of governmental administration. Collins was stopped at 8:48 p.m., Feb. 8, on West Main Street, Le Roy, by Officer John Ceneviva.  He was released on traffic tickets.

Coby L. Sanders, 43, of Church Street, Le Roy, is charged with criminal contempt 2nd and endangering the welfare of a child. Sanders is accused of acting in a manner injuries to the mental health of someone under 17 years old during a disturbance reported on Church Street at 12:45 p.m., Feb. 13. He was released on an appearance ticket.

Kenneth R. Scott, 59, of Britt Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, driving with a BAC of .18 or greater, and unsafe movement of a stopped vehicle. Scott was stopped at 11:30 p.m., Feb. 12, on Main Street, Le Roy, by Officer John Ceneviva. He was issued traffic tickets and released.

Opioids for pain management are no longer the standard care for chronic pain, according to a board-certified family nurse practitioner at the United Memorial Medical Center Pain Management Center in Batavia.

“We do not avoid prescription medications, but we work to avoid the management of opioids, which can decrease the perception of pain and not the cause of it,” said Rebecca Russo, responding to questions about non-opioid alternatives for the GOW Opioid Task Force.

Russo, (photo at right), an employee at the UMMC pain clinic since August 2020, said as a pain management nurse practitioner, she recommends minimally invasive fluoroscopic procedures for diagnosis and treatment of pain.

“We work with the patient’s primary care physician and other health care professionals to ensure the best possible outcomes for these patients,” she said. “We also like to be as conservative as possible (by utilizing) non-invasive measures such as physical therapy, aqua therapy, chiropractic and massage treatments, and acupuncture.”

When it comes to opioids, Russo is well aware of the long-term effects – including addiction – that can result from prolonged use of these drugs.

“There are so many more alternatives a pain management specialist treating chronic pain that can offer the most benefit for these patients,” she said. “A multimodal approach to management is best in treating chronic pain. Opioids are not used for chronic non-malignant pain anymore as studies have shown.”

Russo said she switched to the pain management field when a colleague recommended her for a pain management and neurology position.

“I have to say I wouldn’t have had a better fit in my career. This specialty is fascinating and bountiful in ways to help patients, which I lay my foundation on,” the Michigan native said. “I have been working in pain management since I graduated with my Master of Science in Nursing four years ago.”

Prior to joining the program at UMMC, she was a registered nurse for six years, working on various units, including intermediate care, medical/surgical, observation and progressive care.

She said the local pain clinic treats a wide range of chronic and acute pain conditions, such as neck pain, cancer pain, myofascial pain, joint pain, back pain, phantom limb pain, bursitis, sciatica, post herpetic neuralgia pain, complex regional pain syndrome, peripheral neuropathy and failed back surgery syndrome.

“Some of the micro-invasive procedures that can be performed at the UMMC Pain Center include nerve blocks in various areas as well as radiofrequency ablations; lumbar, thoracic and cervical epidural steroid injections; trigger point injections; and spinal cord stimulator implantation,” she said.

The practice is growing coming out of the COVID-19 pandemic, she reported, with more and more in-person visits being scheduled.

“At this time, we strive to keep our visits in-person, but we can accommodate telemedicine visits when a patient is unable to be seen in-person. This may be for various reasons such as being ill, inability to drive or last minute patient schedule changes,” she explained.

Russo sees the pain clinic as a viable alternative for people dealing with chronic pain, adding that the patient is considered “an important team member.”

“Interventional management is beneficial for patients when their pain continues even after attempting conservative treatments or do not have a diagnosis for their pain,” she said. “A proper diagnosis is the first step to successful treatment.

“Another benefit for these patients is that they want to avoid surgery if possible or if they’ve had surgery, but still experiencing pain, we can provide them alternatives to another surgery unless otherwise indicated.”

The UMMC Pain Center is located at 229 Summit St., Suite 4. For more information, call 585-815-6710.

Disclosure: Mike Pettinella is the publicist for GCASA.

About seven months after stepping in as the City of Batavia interim fire chief, Dan Herberger apparently has decided that he doesn’t want the job on a permanent basis.

In a letter dated today to fire department personnel, Herberger informed his colleagues that he has declined the position, calling it “an extremely difficult decision for me to make that was based on two very basic reasons that I could not get past.”

He wrote that those two reasons were that the timing wasn’t right for his family and him and “his overall love I have for the job and the desire to be a fireman working on a fire truck.”

Herberger was named interim chief in July 2021 when Stefano Napolitano resigned as fire chief to take the deputy state fire administrator on the State University of Albany campus.

Continuing with the letter, Herberger mentioned that he enjoyed being the fire chief and was thankful for the support he received from city management, department heads and those that he supervised.

“As a department, we are very fortunate to have the relationships we do with our partners in other city departments as well as our partners in the county Emergency Management, area fire departments and local emergency services agencies,” he wrote. “It is an absolute joy to have worked with everyone in this capacity … making this decision that much more difficult.”

He wrote that he plans to stay on as the interim chief until a replacement is found.

“It is the hope of the city manager (Rachael Tabelski) that my replacement will be from within this department and over the next several weeks/months, we will work to find the right replacement,” he wrote.

Herberger, a captain prior to the interim appointment, has worked for the fire department since 2002, starting as a paramedic. He was promoted to firefighter in 2005, lieutenant in 2012 and captain in 2013.  Previously, he served in the interim chief role for 16 months prior to the hiring of Napolitano in April 2017.

Responding to an email from The Batavian, Tabelski issued the following statement:

"Dan Herberger is a great Captain and a great Fire Chief.  I respect his decision to decline the offer of the position of Fire Chief at this time, and am grateful that he will remain in the department working for the City of Batavia.  He is a valuable member of our team.

Herberger will continue to serve as Interim Fire Chief until a new Chief is hired.  I am soliciting internal candidates, and hope the position can be filled from within the department." 

File photo: City Police Chief Shawn Heubusch, left, and Interim Fire Chief Dan Herberger. Photo by Jim Burns.

Previously: Napolitano shows humility as he bids farewell to the city; Dan Herberger to assume role as interim fire chief

Genesee County Attorney James Wujcik on Wednesday introduced a resolution to establish a local law necessary for the municipality to take part in the New York State Energy Research & Development’s Clean Energy Communities Program.

Wujcik, speaking at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, said passage of Local Law Introductory No. A, Year 2022, is a prerequisite to participation in what is called the Energize NY Open C-PACE Financing Program in conjunction with the Energy Improvement Corporation.

“For individuals to apply and receive funding, they have to rely on a Local Law being in place,” Wujcik said. “It’s a gateway for the program to go into effect for our citizens.”

According to the NYSERDA Clean Energy Communities website, local governments in New York can use the program to implement clean energy actions, save energy costs, create jobs, and improve the environment. In addition to providing tools, resources, and technical assistance, the program recognizes and rewards leadership for the completion of clean energy projects.

“It will help the county’s overall score when it comes to green energy initiatives,” Wujcik added.

Legislature Chair Rochelle Stein said county residents will be able to invest in energy enhancements on their properties or for their businesses through the loan program under terms set by NYSERDA. She said the idea was forwarded to the legislature by officials at the Genesee/Finger Lakes Regional Planning Council.

The Ways & Means Committee approved the resolution and another setting a public hearing on the local law for 5:30 p.m. March 9 at the Old County Courthouse. If passed by the full legislature, it would take effect upon filing with the New York Secretary of State.

For more information on the program, go to Clean Energy Communities - NYSERDA.

In other action, the committee:

• Approved a contract for $7,000 with the Benjamin Center at SUNY New Paltz to calculate the weighted vote for each district within Genesee County in light of the need for the legislature to conduct a reapportionment update following the recent Federal Census.

The resolution indicated that Genesee County is unable to perform this task in-house due to the technical nature of it, and reached out to three companies for assistance. The Benjamin Center came in with the lowest quote.

The legislature’s weighted voting system is used to ensure that residents of the various towns are properly represented, based on population.

• Approved a five-year contract with Drescher & Malecki LLP of Cheektowaga for independent auditing services after learning that Freed Maxick, based in Batavia, did not want to renew its contract that expired in 2021.

County Treasurer Scott German recommended going with the Cheektowaga firm, noting that it audits the books for 22 other New York counties. The $41,985 cost for 2022 is a $10,985 increase from the 2021 expense.

The remaining years of the contract are set at $42,825, 2023; $43,681, 2024; $44,555, 2025, and $45,446, 2026.

A banking bureaucracy has left a historic home in Pavilion vacant for at least two years and now an outbuilding that fell into disrepair needs to be removed before it further damages property on a neighboring residence.

The Town of Pavilion Board will meet in an emergency session at 6 p.m., Friday, to consider and likely pass a resolution authorizing the town to hire a contractor to tear down the outbuilding. 

It's a sad situation, said Town Supervisor Rob LaPoint. 

"Everyone in town is frustrated about this," LaPoint said.

The former owners, Carol and Don Logan are both deceased, with Carol passing away in 2019. They had a reverse mortgage on the property and the bank has apparently been unwilling to take title to the property.

The Logan's children have, for some reason, been unable to get title to the property, so since Carol's death, the house and its barn and outbuilding have sat neglected and rotting in the elements.

"They (the children) love the buildings," said LaPoint, who remembers playing at the Logan property when he was a child. "If they had the ability to do something, I'm sure they would."

LaPoint believes either HUD or FHA is planning an eventual foreclosure on the property but it's unclear when that may happen.

There have been several parties interested in buying the property and rehabilitating it, including a daycare center, LaPoint said, but the bureaucracy of it all has prevented anybody from making a purchase offer. 

The town code gives the town authority to demolish buildings considered a public safety hazard or a hazard to the property of others. If it wasn't an emergency, there would be a waiting period for the rightful owner of the deteriorating structure to handle the demolition themselves but since this is an emergency situation, the town will be able to order the outbuilding's immediate demolition.

The cost of the demolition will be placed on the tax role of the property and an eventual new owner will be responsible for back taxes.

The Greek-revival house was built in 1825 and has three bedrooms.  It is 3,166 square feet.  The estimated full market value, according to Genesee County OARS, is $161,957.

Top Photo: Genesee County OARS photo.

Genesee County GIS Map image.

Google Street View image.

If local veterans are willing to commit their time to provide military funeral honors at the Western New York National Cemetery on Indians Falls Road in Corfu, then they need to present themselves in a dignified manner.

That’s the view of the Genesee County Legislature’s Ways & Means Committee, which at a meeting this afternoon, approved a resolution brought to them by William Joyce, Veterans Services Agency director, to fund honor guard uniforms for military funerals.

The WNY National Cemetery Honor Guard, Inc., consists of 78 members from eight Western New York counties, including 32 residents of Genesee County – all volunteers – who serve their fallen military members’ families at the burial grounds.

Pending a vote by the full legislature next Wednesday, the county will take up to $8,000 from a contingency account to make sure the Genesee County residents who are honor guard members have the proper uniforms.

“I’m really proud to be the Veterans Services officer for this county,” Joyce said, speaking to Ways & Means Chair Marianne Clattenburg, who initiated the possibility of county funding. “I don’t ask for that much, and really appreciate your work in backing this.”

Joyce said that the program will be coordinated by Tom Cecere, quartermaster for Genesee County members, who will keep track of the uniforms that will become the property of the honor guard. Veterans serving in this capacity will be required to turn in the uniforms upon leaving the honor guard.

“The $8,000 is a good start and it (the cost) may come down,” he said.

Legislature Chair Rochelle Stein said it is the legislature’s honor to provide the uniforms for the National Cemetery, while County Manager Matt Landers said that he will explore funding for this endeavor on an annual basis.

Joyce reported that the cemetery has conducted 811 burials from Dec. 18, 2020 thru Dec. 18, 2021 in all weather conditions and the new administration building is now open.

In related news, Joyce said that a local seamstress has repaired 278 flags to date – all at no cost to the cemetery foundation.

“We asked her for an invoice and she said she didn’t want anything,” he said. “She said that it was an honor that she was asked to do this.”

File photo: Flags at the Western New York National Cemetery. Photo by Howard Owens.

The Genesee County Legislature is expected to vote next week on two resolutions proposed by County Manager Matt Landers that would extend contracts with the architectural and construction management companies involved with the new $70 million county jail project.

The legislature’s Ways & Means Committee (today) and Public Service Committee (on Monday) approved extending the construction timeline with The Pike Company of Rochester from 18 to 20 months, based on the current market and supply chain constraints.

Landers said the specific start date hasn’t been set yet, but when it does it will be for 20 months – fitting into the June 1, 2022 through April 30, 2024 time period.

Since time is money, the extension will result in an increase of $121,298, with almost $96,550 of that for Pike to manage the extra two months of the construction time frame, Landers said.

“The remainder is cost escalation for Pike’s rising costs from delaying this project so long,” he added.

The other resolution is for two one-year renewals of the contract with SMRT Architects and Engineers of Latham, stretching out the agreement through February 2024. In this case, there is no additional cost to extend the pact.

The full legislature will convene at 5:30 p.m. next Wednesday.

Landers said that construction bid packages were released on Feb. 8. Bid awards are expected to go out in March with groundbreaking of the 184-bed jail on West Main Street Road scheduled for April.

Qumane Santiago

A Walnut Street resident who got into a tussle with Batavia patrol officers on Oct. 20, 2020, leading to one of the officers sustaining an injury, told Judge Melissa Cianfrini in County Court today that he didn't do anything wrong.

He then entered a guilty plea to assault in the second degree as part of a plea agreement that caps his potential prison term at three years.

Qumane J. Santiago, 23, entered a plea on an Alford basis. The plea means that Santiago is accepting a plea deal because he believes a jury would convict him of the multiple charges against him, exposing him to a potentially longer prison term, even though he disputes the facts of the case as presented by the prosecution.

When asked by Cianfrini if that was the reason he was pleading guilty -- a legal requirement to clarify that the defendant understands the plea -- Santiago said he was only pleading guilty because he wanted to get the case over with.

"I'm not going to admit to something I didn't do," Santiago said. "I just want to go along with what you all want me to do."

Cianfrini explained to Santiago that there is nothing she was asking him to do and that whether to plead guilty or not was entirely his choice.

"I don't want you to do anything you don't want to do," Cianfrini said. "It's your decision. You have a right to a trial."

For sentencing purposes, Santiago also admitted to having a prior felony conviction.

The plea satisfies a four-count indictment delivered by a grand jury on May 21.  Besides the assault, Santiago was indicted on an additional count of assault 2nd, resisting arrest, obstructing governmental administration, and criminal mischief.  An additional harassment charge, related to an incident at the jail, from a separate case pending in City Court was also dropped.

As part of the Alford plea, Assistant District Attorney Joseph Robinson was required to provide the facts of the case that would be used to convict the defendant if the case went to trial.

Robinson said on Oct. 23, 2020, Officer Peter Post and Sgt. Dan Coffey responded to a residence on Walnut Street for a report of an assault inside the residence. When the officers attempted to detain Santiago, he barricaded himself inside the residence. The officers observed him damaging inside the residence so they used force to enter the residence. Santiago tried locking himself in a bedroom and the officers broke down the door.  When they attempted to take Santiago into custody, there was a struggle on the bed and Post suffered a cut on his leg from a sharp object on the bed that required medical attention. 

Robison said there was body-worn camera footage as well as photographs to substantiate the charges.

Robinson has other prior arrests in Genesee County, including criminal trespass, menacing, and conspiracy and robbery. 

Santiago remains free on bond and is scheduled for sentencing at 11 a.m., April 27.

The Batavia Town Planning Board on Tuesday night quickly approved a request by Yost Neon Display, Inc., of Buffalo to erect two lighted wall signs on the City Mattress warehouse and distribution center at 7999 Call Parkway.

Placement of the signs – one of them is 6 feet by 16 ¾ inches and the other is 6 ½ feet by 39 ¾ inches – previously was recommended for approval by the Genesee County Planning Board and meets all Town of Batavia zoning codes.

Board members reported that the next Town of Batavia solar committee meeting is scheduled for 6 p.m. Feb. 22 at the Town Hall on West Main Street Road. The agenda will focus upon final revisions to the town’s solar ordinance.

 

With O-At-Ka Milk Products’ new $5.5 million pretreatment plant online and the Dissolved Oxygen levels at the City of Batavia’s Waste Water Treatment Plant on the road to recovery, a once-tense working relationship between the two entities has moved into a “spirit of cooperation” phase.

Both William Schreiber, O-At-Ka Milk’s chief executive officer, and City Manager Rachael Tabelski reported to The Batavian that recent discussions over wastewater flowing from the Ellicott and Cedar Street industry into the WWTP as well as the condition of the lagoons have been positive.

So positive, in fact, that the city has rescinded the cease-and-desist order it invoked upon O-At-Ka last October when city employees discovered that O-At-Ka’s wastewater contained exceptionally high levels of contaminants.

Schreiber, speaking by telephone this morning, said he received a letter from Tabelski that the restriction has been lifted, and Tabelski confirmed that via an email.

“O-At-Ka’s pre-treatment efforts and recent solution have gone well, and have positively impacted the recovery of the Waste Water Treatment Plant,” she said on Tuesday. “We continue to have discussion about a variety of matters, and look forward to the continued relationship moving forward as they continue to grow here in Batavia.”

Tabelski said the DO levels have recovered, “but we continue to monitor all or our industrial users, review daily DO samples from the ponds, and are working daily on an in-depth analysis of the entire system (WWTP Headworks) to further improve the WWTP.”

She said the study will take about a year to complete and will help the city determine future capital projects at the WWTP.

Schreiber, mentioning a productive meeting last Friday, said “the real message” is that O-At-Ka and the city are cooperating.

“We were on a thin line there for a while,” he said, referring to an impasse that resulted in O-At-Ka having to spend nearly $1.5 million to haul waste to other locations last fall. “But we've managed to navigate our way to a better place on both sides. So, I am feeling much better about the spirit of cooperation that we're getting from the city and their willingness to work with us on a solution that works for both parties.”

He said the company’s new pretreatment plant, which was approved by the Upstate Niagara Cooperative board of directors months before any problems with the city surfaced, is consistently producing effluent that meets the parameters established in the permit with the city.

“This was our goal from the beginning – to build a properly-sized plant that could accommodate our growth and allow us to operate without paying additional surcharges to the City of Batavia,” he said. “Our board (O-At-Ka is owned by Upstate Niagara) approved the funds in January of 2020 and we took this step without provocation or an imperative from others.”

Submitted photo: Modern production line at O-At-Ka Milk Products in Batavia, where cans and bottles are moved via a lube-less conveyor, selected for its sanitary design.

Previously: O-At-Ka Milk Products CEO encouraged by progress of its pretreatment facility