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Genesee County Chamber of Commerce to utilize technology in expectation of tourism's comeback

By Mike Pettinella

The COVID-19 pandemic created varying degrees of hardship to business and industry over the past couple years, but not many sectors were hurt more than tourism.

As a result of restrictions on travel, especially the closing of the Canadian border, Genesee County Chamber of Commerce personnel have embarked on a “deep look” into the agency’s operation and reportedly are enthused over the discovery of new technology to aid in tourism’s recovery.

“The last couple of years have caused us to really take a very deep look at what we do, how we do it, and where do we go from here. Who would have ever thought (that) this strong industry of tourism would have been taken down and dismantled the way that it was,” said Tourism Marketing Director Kelly Rapone (photo at right) at Wednesday’s Genesee County Legislature Ways & Means Committee meeting via Zoom.

Rapone reported that the Chamber of Commerce seeks to expand its role into “destination management, where we’re really looking to guide the direction of the future growth of our tourism industry here.”

Data analytics that integrate information into a unique platform, she said, will help them achieve their goals.

“One of the tools that we're now able to access is called Air DNA -- and this is very timely given the change of our local legislation with our short-term rentals (a local law that will result in the county receiving bed tax funds from home and other short-term rentals),” she said. “Now with this tool, we will be able to look at all of the short-term rental data in the county going back -- providing historical data for 2019, 2020, and 2021, and it refreshes monthly.”

Rapone said the agency will be able to track the number of properties, occupancy, location and revenue, and will be able to integrate that with current short-term rental reports.

“The other really exciting data tool that we're using is now this mobile location data collection,” she said. “So, what we're able to do now using this dashboard is drop pins throughout the county and destinations for geographies. And we're now able to go in and capture mobile data -- people that are visiting those locations -- and we're able to extract where they're coming from and what their demographics are.”

She said her department will be able to retrieve this data from the past three years “so that we can really hone in on the visitor -- exactly where they're going or where they're coming from and what they're doing.”

The Chamber of Commerce also is planning to redesign its website this year, she said, something that hasn’t been done since 2016.

Other information shared by Rapone and Chamber President Erik Fix at yesterday’s meeting:

  • Hotel occupancy in Genesee County for 2021 was down 24 percent compared to 2019 (considered a “normal” year), while the average daily rates were up by 10 percent. Overall revenue was down approximately 16 percent.

Rapone said the increase to the average daily rate … “largely has been driven by that Canadian border being closed to U.S. travelers crossing as well as others who would have crossed to spend tonight. So, we did see some pickup in room nights, as well as demand in terms of being able to increase room revenues. The average daily rate is really what's bringing our revenue up this year.”

  • Year-end gross bed tax earnings are projected to be between $365,000 and $375,000, and the overall visitor impact is projected to be around $150 million, which is down from a more normal figure of $180 million.
  • Due to a decrease in matching funds and the agency’s overall budget, the Chamber of Commerce’s participation in with tourism partners decreased. Those who did join in promotional strategies included Six Flags Darien Lake and the Genesee County Fair.
  • Visitor Center traffic decreased by 42 percent compared to 2019. “We have had visitors all year long, just certainly not the volume that we're used to seeing,” Rapone said.

COMMITTEE PASSES RESOLUTIONS

The Ways & Means Committee passed two resolutions connected to the Chamber of Commerce – designating it as the county’s official tourism agency for 2022 and authorizing payment of up to $420,000 exclusively from the county’s hotel and motel tax receipts to the Chamber for publicity and tourism services this year.

Batavia Downs preparing for Park Road project; June 10 concert to benefit Ricky Palermo Foundation

By Mike Pettinella

The president of Western Regional Off-Track Betting Corp. this morning said he expects work on the Park Road Reconstruction Project to start in March.

“Everything seems to be in place,” Henry Wojtaszek said following the monthly board of directors meeting. “The preliminary work that the town (of Batavia) had to do up here at the corner of Lewiston and Park was completed, and … we anticipate a March start on the construction and probably go through to the end of summer, sometime in August or September.”

Wojtaszek said WROTB is prepared to pay around $450,000 for additional enhancements along Park Road – such as trees and street lights and increasing the size of the sidewalks – and also is working with town officials on issues related to the sewer system.

“We’re considering sewer enhancements instead of a pump station, which would be very costly to maintain,” he said.

The $4.077 million project consists of a complete renovation of Park Road – new pavement, curbs, sidewalks, water lines and street lights -- between Route 63 (Lewiston Road) and Route 98 (Oak Street).

Town Assistant Engineer Tom Lichtenthal previously reported that completion is set for December of this year.

In other developments from today’s WROTB meeting:

  • While sports betting on cell phones is now legal in New York State, Wojtaszek said he doesn’t expect that service to come to gaming facilities until early next year.

“We will have the ability to have kiosks here on site for sports betting next January and we anticipate taking advantage of that and providing that service for our customers,” he said. “But right now, we’re having our customers come in and they're betting the games on the phone or watching them in our 34 Rush.”

He said New York has already overtaken all other states to become the leading sports betting state in the nation. “And it took all of two weeks,” he said, noting that it became legal on Jan. 8.

  • A June 10 concert by Bruce in the USA, a Bruce Springsteen tribute band, will benefit the Ricky Palermo Foundation. A lifelong Genesee County resident, Palermo has been instrumental in raising millions of dollars for spinal injury research.

“One hundred percent of the ticket proceeds will go to Ricky’s foundation,” said Marketing Director Ryan Hasenauer. “Tickets are on sale now.”

For more information, go to www.bataviaconcerts.com.

  • WROTB distributed $65,215 in surcharges to member municipalities in November, Chief Financial Officer Jacquelyne Leach reported.

On the branch side, revenue increased by $12 million in 2021 compared to 2020, but was down $1.1 million from 2019. The handle of Batavia Bets, the online platform, went up by $1.2 million in 2021 compared to the previous year.

  • Directors approved a resolution to purchase 840 gaming chairs and stools from Gary Platt Mfg. of Reno, Nev., for $346,000.

Law and Order: Attica man arrested on bail jumping warrant

By Howard B. Owens

Joey Robert Tatro, 27, of Exchange Street, Attica, is charged with criminal contempt and bail jumping 3rd. Tatro was arrested on warrants out of City Court by Deputy Andrew Mullen and Sgt. Andrew Hale. He was jailed on $1,000 bail, $2,000 bond, or $3,000 partially secured bond.

Jonathan Lee Holland, 38, of Bethany Center Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, aggravated unlicensed operation 2nd. Holland was stopped at 1:55 p.m., Jan. 19, on Ellicott Street Road, Batavia, by Deputy Kenneth Quackenbush.

WROTB president: Record numbers illustrate the effectiveness of company's board of directors

By Mike Pettinella

Directors of Western Regional Off-Track Betting Corp. this morning overwhelmingly approved Board Chair Richard Bianchi and Vice Chair Ed Morgan retaining their leadership positions for another year, firing back at proposed legislation that would change significantly the composition of the board.

Bianchi (Monroe County) and Morgan (Orleans County) (in photos, left to right) were unanimously re-elected to lead the board at its monthly meeting at Batavia Downs Gaming on Park Road.

In nominating Bianchi, director Dennis Bassett (City of Rochester) cited WROTB’s “record earnings and record attendance,” adding that Bianchi “has guided us through some storms … and brought the board together like never before.”

Morgan, a retired highway superintendent, also was credited by Genesee County director Richard Siebert for his expertise in helping WROTB navigate the Park Road Reconstruction project with the Town of Batavia and for being available when needed.

The board, understandably, is opposing a bill proposed by State Sen. Timothy Kennedy of Buffalo that would revise the structure of the board based on population – action that would end the longstanding setup of a director for each of the 15 counties and cities of Buffalo and Rochester that own the public benefit company.

Kennedy also has drafted two other bills that would cap the allowance of promotional items for certain members of the corporation at $15 and prohibit WROTB corporation vehicles from being used as take-home vehicles. This proposed legislation comes on the heels of a State Comptroller’s report that faulted WROTB management and board in these areas.

WROTB President Henry Wojtaszek said the board has worked hard through the committee process to elevate Batavia Downs Gaming, the harness track and its OTB branches to record earnings.

“You heard today that the board certainly doesn't support a measure to dismantle the board that has done such a great job to bring Batavia Downs to where it is right now, where it is returning record amounts of money to the municipalities,” Wojtaszek said.

“So, they oppose it and they intend to go back to their respective communities and legislatures and councils and have them pass resolutions in opposition to this type of legislation. And as I said yesterday (to The Batavian), they directed me to explore options relative to fighting such a piece of legislation going into effect, including litigation.”

Wojtaszek said Bianchi and Morgan are “outstanding” leaders and “they’re always accessible.”

“They are often on site and they provide their expertise in the various areas that they bring to the table and you can see the results,” he said. “And in the numbers (because) people vote with their feet and their dollars … people love what they see when they come here. We provide a great entertainment, we provide great customer service, we have great food and drinks. And we intend to continue doing that.”

As far as Kennedy’s other bills, Wojtaszek said WROTB addressed the perks situation three years ago and is “supportive of those type of actions that provide transparency that cuts down on government waste. All those issues we support.”

He said the corporation has set a limit relative to gifts, but noted a difference in game tickets (Sabres, Bills) that are given to directors for hosting groups.

“It’s not a gift to the person who is a host for Batavia Downs; they’re actually working. So, the use of that ticket is for work, it's not a gift in the first place,” he said. “Our policies and procedures put in place by our marketing director are very good at this point.

“We've been dealing with people all across the state and the Inspector General, and anybody else who's asked – the Comptroller – who we invited into give us advice as to how to run this place better. We've followed that advice and things are running very well right now.”

Previously: Genesee's WROTB director slams state senator's attempt to restructure board of directors, place a cap on perks

BPD offering $2,500 reward for information leading to the arrest of Devon Wright

By Howard B. Owens

Press release: 

The Batavia Police Department has partnered with Crime Stoppers Buffalo which is offering a reward of up to $2,500 for information leading to the arrest of Devon Wright. Wright is wanted for violating his release terms on a recent plea pertaining to the charges of PL 110.00 & 265.03-3 - Attempted Criminal Possession of a Weapon 2nd, PL 120.00-1 - Assault 3rd, PL 110.00 & 120.10-1 - Attempted Assault 1st, and PL 130.50-4 - Criminal Sexual Act 4th. Wright is also wanted for PL 145.14 - Criminal Tampering 3rd, and PL 240.26 - Harassment 2nd (2 counts) stemming from an incident that occurred on 11/27/2021 at a residence on Central Avenue.

Citizens are urged to come forward with information on where to locate Wright. If you have information leading to the arrest or indictment of Wright please contact Crime Stoppers WNY at 716-867-6161 or submit a tip by downloading the free Crime Stoppers Mobile App "Buffalo Tips" from the apple or android store.

For previous coverage of Devon Wright, click here.

Batavia library expected to offer warm re-opening Thursday

By Joanne Beck

After a lack of heat closed Richmond Memorial Library for the first part of this week, it looks like the Ross Street facility will have a warm re-opening on Thursday, Director Robert Conrad says.

“I was just in the office to pick up some things and the furnace seems to be repaired. Everything was toasty warm 70-degrees,” he said to The Batavian Wednesday evening. Although I’m told that they're waiting on some parts for a permanent fix, I’d consider it patched.”

Conrad oversees direct library operations, whereas the actual building and grounds at 19 Ross St., Batavia, are owned and maintained by the city school district. The library has been closed this week due to an aging heating/ventilation/air conditioning system not working properly. A repair that began on Tuesday required additional parts to make the furnace fully functional, Conrad said from what he’d been told by a senior custodian. 

The Batavian emailed questions to City Schools Director of Facilities Jason DeGraff and left a message for comment at the office of the Building and Grounds superintendent Wednesday. This article will be updated with any reply from the school district.

To Conrad’s understanding, city facilities staff was working with contractors and suppliers earlier Wednesday to obtain the necessary parts to fix the problem, he said. 

“I would have to defer any further questions to them, simply because the building/heating are beyond the scope of my training and duties,” he said Wednesday. “I doubt whether there will be an unexpected cost for the school district, as I understand that they budget to replace building infrastructure at the end of its useful life, which our heat system — as I understand — already was.”

Chilly temperatures aside, Conrad has other things on his mind besides a lack of heat. An upcoming Local Authors Fair will be happening in April, he said, with authors from Genesee, Erie and Monroe counties. Other exciting news is the debut of new library cards and a logo, plus a reading therapy dog. Details of both events are to be released in March and April, he said.  A library budget vote and trustee election in May, followed by the Summer Reading Program in June, round out the next five months of activities, he said. 

The library is expected to resume its normal hours of 9 a.m. to 9 p.m. Monday through Thursday and 9 a.m. to 5 p.m. Friday and Saturday. 
 

Top photo: Robert Conrad, director of Richmond Memorial Library, is seen in a file photo taken by Howard Owens at the Ross Street library.

Genesee's WROTB director slams state senator's attempt to restructure board of directors, place a cap on perks

By Mike Pettinella

The longtime Genesee County representative to the Western Regional Off-Track Betting Corp. believes bills being introduced by State Sen. Timothy Kennedy of Buffalo, if passed into law, are a “power grab” that would destroy the governance structure of the public benefit company that operates Batavia Downs Gaming and harness track.

Speaking to the Genesee County Legislature’s Ways & Means Committee this afternoon, Richard Siebert, a WROTB director for 28 years, said the proposal by Kennedy (photo at right) would “basically demolish everything we’ve had at OTB.”

“It would eliminate the status that we’ve had since 1974 when our county joined and everybody else (other participating counties) joined,” he said. “The legislation would basically eliminate the directors as we know them … (and) would put perhaps Genesee as a director in with Livingston County, Chautauqua County, Catt (Cattaraugus) County, Orleans County, Seneca County; basically, eliminate all of us, and put just one director, perhaps appointed by the governor.”

Siebert said he wanted the legislature to be aware of Kennedy’s Senate bills, which were introduced last week in response to State Comptroller’s audits – released in September 2021 -- that faulted WROTB management for lack of oversight of perks distributed and for failure to receive prompt reimbursement for personal use of an official vehicle.

The audit by the Comptroller’s office took place over the course of a little more than two years, between September 2017 and December 2019.

According to Kennedy’s website, the three bills would result in the following:

  • Revise the structure of the board based on population. As OTB profits are distributed by population, this bill would require that the membership of the board of directors be based on population.
  • Cap the allowance of promotional items for certain members of the corporation. This legislation would make the gift rules governing OTB associates consistent with the Public Officers Law, Legislative Law, and Executive Law, where state employees may not receive a gift of any kind valued at an amount greater than $15.
  • Prohibit OTB corporation vehicles from being used as take-home vehicles.

Regarding the current makeup of the WROTB, each of the 15 counties plus the City of Buffalo and City of Rochester that receive benefits from gaming and racing revenues are represented by a director.

“It basically is a power grab for the bigger counties,” Siebert said. “We’ve always had one county, one vote. Genesee, Orleans – we’ve always had the same vote as the City of Rochester.”

Contacted minutes ago, WROTB President Henry Wojtaszek said the board has directed him to “explore all of our options.”

“All I will say at this time is that we’re exploring all of our options, including litigation, relative to the proposed bills,” Wojtaszek said. “It’s pretty simple.”

The WROTB directors meet for their monthly public session at 10 a.m. Thursday at the Park Road facility’s corporate board room.

Siebert said he wants the Genesee County Legislature and other county legislatures to draft resolutions to “exercise our Home Rule” opposing Kennedy’s plan.

“We have to realize that under Home Rule, we started this but with the Senate, the governor and the Assembly all in one little room, anything can happen,” he said. “This is very serious and can have serious consequences to our county.”

Ways & Means Committee Chair Marianne Clattenburg agreed with Siebert’s assessment of the situation, reiterating that “it’s definitely a power grab.”

“We all know what it’s about. It’s about the money that’s been shared … pretty liberally with a lot of municipalities and we need to fight this as hard as we possibly can.”

Kennedy, in announcing the proposed legislation, said the Comptroller’s report “outlined mismanagement and dysfunction at the Western Regional OTB, and demonstrated a clear need for reforms at the corporation, which has been plagued with problems for years.”

“Through this legislation, we’re holding members accountable, revising outdated policy, and creating fairer representation on the OTB board moving forward. Taxpayers deserve better, and we intend to ensure they receive that.”

Comptroller Thomas P. DiNapoli apparently is in the Democratic senator's corner, judging by his comments.

“The Western Regional Off-Track Betting Corp. gave generous perks to board members, employees and others, ignoring state rules,” DiNapoli said. “My auditors found a troubling disregard for appropriate safeguards to hold people accountable and protect public resources. Senator Kennedy is proposing legislation that addresses this mismanagement and our major audit findings. I look forward to working with Senator Kennedy on these critical reforms and holding government accountable.”  

EDA grant boosts Genesee/Finger Lakes Regional Planning Council's economic strategy for 2022

By Mike Pettinella

The Genesee/Finger Lakes Regional Planning Council will be receiving $70,000 in federal funding to help develop and implement its 2022 comprehensive economic strategy.

According to a press release issued today by U.S. Senators Chuck Schumer and Kirsten Gillibrand, funding is being allocated through the Economic Development Administration and will promote public-private partnerships to diversify and strengthen regional economies in New York.

The G/FLRPC supports nine regional counties, including Genesee.

The latest round of funding is a 50/50 matching grant, with the other $70,000 derived through contributions to the G/FLRPC from its participating counties and other revenue, said Jay Gsell, who served as agency’s interim executive director through October 2021.

His replacement, Paul Gavin, could not be reached for comment.

Schumer, in the press release, said the EDA investment “will help jumpstart Upstate New York’s economic development, promote business growth, and strengthen our regional economies.”

Gillibrand echoed his remarks, stating, “As our economy continues to recover from the COVID-19 pandemic, this federal investment is an important step to help attract capital and create jobs throughout New York.”

Identical monetary amounts are going to regional planning councils and boards in Central New York, Lake Champlain-Lake George, Southern Tier East, Southern Tier West and Mohawk Valley.

United Way of Greater Rochester and the Finger Lakes kicks off 2022 campaign

By Mike Pettinella

United Way of Greater Rochester and the Finger Lakes kicked off its 2022 campaign this afternoon with a presentation on YouTube that featured reports from its six-counties, including a message from Tammy Hathaway, director of United Way of Genesee County.

The organization expanded during the summer to encompass Genesee, Monroe, Livingston, Wyoming, Wayne and Ontario counties, and now solicits donations on behalf of 190 human service providers.

Speaking from the YWCA in Batavia, Hathaway, who also serves as the United Way’s senior resource development manager, credited Genesee County residents for stepping up to the plate in a big way over the years.

“I’m always amazed by the dedication of our donors and volunteers here in Genesee County,” she said.

She introduced Amber Lingenfelter, United Way community resource & volunteer engagement manager, who spoke about the Volunteer United program.

“Volunteer United is an online matching platform that allows you to filter through various volunteer opportunities based on your interest, passion, skills and availability,” she said. “You can also sort by in-person opportunities or virtual opportunities near you.”

For more information, go to www.unitedwayrocflx.org/get-involved/volunteer.

This year’s campaign, “Make Way For Good,” is being chaired by Frank Hamlin III, president and chief executive officer of Canandaigua National Bank & Trust.

Hamlin announced that his company will match all new and increased donations this year up to $500,000 as he and his volunteer team seek to raise $32 million again in 2022.

The 2021 campaign, led by William Goodrich, chief executive officer of LeChase Construction Services, raised and leveraged $32.1 million, broken down as follows:

  • Annual Campaign (includes six-county region) – $20.6 million
  • Community grants, ROC the Day, Community Initiatives – $9 million
  • Other giving – $2.5 million

Today’s presentation featured a livestreamed welcome from Jaime Saunders, the organization’s president and chief executive officer.

Photo: Screenshot of pre-recorded video featuring Amber Lingenfelter, speaking from the YWCA of Genesee County. Former Genesee County Manager Jay Gsell is in the background.

Home Depot, CountryMax joining forces to build obstacle course for local law enforcement K-9 units

By Mike Pettinella

The power of private/public partnership is about to make a difference for the K-9 units of local law enforcement agencies.

Batavia’s Home Depot and CountryMax stores have come together to provide the materials and labor to construct a K-9 obstacle course at the Genesee County Fire Training Center on State Street Road.

“These businesses came to us and said they want to provide these services to Genesee County at no cost to the county,” said County Manager Matt Landers, speaking about a resolution approved today by the Genesee County Legislature’s Public Service Committee to accept the donations. “The course will be used by the Sheriff’s Office, City of Batavia Police and State Police K-9 officers.”

According to the resolution, Home Depot will donate building materials through a grant from The Home Depot Foundation – estimated value of $3,232 – and CountryMax Stores will provide the labor required to construct the course. The layout will be utilized by K-9 units for training purposes to simulate obstacles they are likely to encounter in the field during deployments.

Landers said the course, which will be owned by Genesee County, will be built to last “through multiple seasons.”

In other action related to the Sheriff’s Office, the committee approved the creation of a Public Safety Systems Manager position while eliminating the Communications Coordinator job that was held by the recently-retired Russ Lang for 33 years.

“The responsibilities of the open position really warrant a change in title,” Landers advised. “This was reviewed by the Sheriff’s Office and Human Resources, and they were in agreement that the new position better reflects the responsibilities of the position in the Sheriff’s Office.”

Per the resolution, the cost associated with this new position is covered by the previous Communications Coordinator salary accounted for in the 2022 budget.

Both PSC approvals are subject to ratification by the full legislature later this month.

File photo: Genesee County Sheriff's Office K-9 unit -- Deputy Andrew Mullen and Frankie, left, and Deputy Jim Stack and Rayzor. Photo by Mike Pettinella.

County moving forward on South Lyon Street bridge replacement, repair of stonework at 14 West Main

By Mike Pettinella

The Genesee County Legislature’s Public Service Committee this afternoon approved two measures connected to the to design and right-of-way aspects of the mostly federally-funded South Lyon Street Bridge replacement project in the City of Batavia.

The first resolution amends the capital project by $23,000 ($4,500 in local funding) to pay for a supplemental agreement with Fisher Associates of Rochester for additional ROW consultant services, and the second resolution is for the county to purchase two parcels needed to complete the project.

If approved by the GCL’s Ways & Means Committee and, ultimately, the full legislature, the county will pay $4,000 to Aaron Howland and $1,900 to BGW Properties LLC for the land.

The amended project total is $659,933, and is to be funded with 80% federal aid and a 20% match from local 1% sales tax revenue.

In other action, the PSC recommended approval of the following resolutions:

  • Intermunicipal agreements with the Town of Alexander Water District No. 6 and Town of Bergen for improvements that will advance Phase 3 and Phase 2, respectively, of the Countywide Water Project.

The county will reimburse the Town of Alexander an estimated $231,863 per year for 38 years for the town’s installation of a water main and construction of a water storage tank that benefits the countywide system.

Genesee will reimburse the Town of Bergen for $38,000 in cost increases related to a previous agreement for the upgrades of certain water mains constructed by the town in Water Improvement Benefit Area No. 1. The increase brings the total eligible for reimbursement by the county to $85,000.

  • Acceptance of a $50,000 grant secured by Assemblyman Stephen Hawley from the Dormitory Authority of the State of New York to assist in the restoration of stonework at the Genesee Justice (County Jail) building at 14 West Main St.

County Engineer Tim Hens said the extensive project could cost as much as $1 million. Necessary work includes repairs to the damaged front porch, repointing/resetting of stones on the historic front part and repairs to the built-in gutters, fascia and soffit.

“The last time we tried to bid the project it was nearly $500,000, but I'm guessing it might be closer to a million,” Hens said. “We are having a construction estimate being generated by third-party consultant before trying to bid.  We are also trying to secure additional grants.”

  • Amendment of the Genesee County Airport apron reconstruction project upon receiving word that the Federal Aviation Administration would be increasing its funding and no longer would require state or local aid.

As a result, $75,866 will be returned to the county, with the FAA picking up the entire $1.5 million cost of the project due to an increase in COVID funds dispersed to localities.

The committee also voted in favor of the following capital projects for 2022, to be paid for through the 1 percent sales tax fund: Holland Land Office Museum Restoration Study, $45,000; Courts Facility Boiler, $39,000; Highway Fuel Farm Upgrade, $35,264; Countywide HVAC (Heating, Ventilation, Air Conditioning) Controls Upgrade, $225,000.

  • Adoption of the Genesee 2050 project that includes updates of the county’s Comprehensive and Recreation plans, a venture that has been partially funded by a $40,000 grant from New York State Empire Development.

The remainder of the $100,000 expense will be covered by a $45,000 cash match from a previously established capital project and a $15,000 in-kind contribution.

County Planning Director Felipe Oltramari said both plans have to be approved in order for the grant to kick in. He said that plans call for continued use of focus groups and input from the general public in the process.

In a related move, the committee authorized the county’s continued support of the Genesee/Finger Lakes Regional Planning Council at the $10,967 annual level.

  • Reappointments of Tim Hens, Timothy Yaeger and Donna Hackett to the Genesee County Traffic Safety Board for three-year terms; Danielle Cummins and Diane Fowler to the Water Resource Agency for two-year terms; Donn Branton to the Agricultural Farmland Protection Board for a three-year term; Richard Richmond II to the Genesee County Planning Board for a two-year term; Michael Ciociola to the Fish & Wildlife Management Board for a two-year term, and Edward DeJaneiro Jr. as an alternate member to the GLOW Region Solid Waste Management Committee.
  • Applications from ACORNS, the Genesee County Park and Forest volunteer organization, for a music in the park event on Aug. 6 and a 5K/10K trail run and walk fundraiser on Oct. 2.

All PSC approvals are subject to passage by the Ways & Means Committee and, ultimately, by the entire Genesee County Legislature.

Law and Order: Hamlin woman accused of DWI, leaving scene of accident, hitting patrol car

By Howard B. Owens

Rebecca Lynn Martin, 27, of Brick Schoolhouse Road, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, reckless in the endangerment, leaving the scene of an injury accident, and reckless driving. Martin is accused of being a driver involved in a motor vehicle accident at 7:02 p.m., Jan. 14, on Lake Street Road, Le Roy, and leaving the scene of the accident.  Martin allegedly failed to stop for a stop sign causing her vehicle to strike another vehicle.  Martin's vehicle was located in the Le Roy Park and Ride and while deputies attempted to stop the vehicle, her vehicle allegedly struck a Village of Le Roy patrol car.  Martin was processed at the Genesee County Jail and released on appearance tickets.

Rebecca L. Harrington, 28, of Attica, is charged with DWI, driving with a BAC of .18 or greater, driving left of pavement markings, speeding, and failure to stop at stop sign.  Harrington was stopped at 10:07 p.m., Jan. 6, by a Batavia police officer. She was issued tickets and released.

James R. Cooper, 39, of Batavia, is charged with unreasonable noise, a  violation of the Batavia Municipal Code. Cooper is accused of playing rock music at a loud volume for an extended period of time at a location on Buell Street on Jan. 11. He was issued an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, is charged with harassment 2nd. Stevens is accused of using a piece of wood to hit another person in the back during an incident reported at 8 a.m., Jan. 22, on East Main Street, Batavia. Stevens was arraigned in City Court and released.

Lyndsay T. Young, 38, of Batavia, is charged with criminal contempt 2nd. Young is accused of violating an order of protection at 3:57 p.m., Dec. 30. She was issued an appearance ticket.

Sean D. Roczen, 38, of Rochester, is charged with aggravated harassment 2nd. Roczen turned himself on an arrest warrant in relation to an incident reported at 9:26 p.m., Jan. 7, on Kingsbury Avenue. He was arraigned in City Court and released on his own recognizance.

Jeffrey P. Schneider, 51, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Schneider was arrested following a three-vehicle property-damage accident at 7:09 p.m., Dec. 27, on East Main Street, Batavia. Schneider was processed Batavia PD headquarters and released on tickets.

Montell L. Cunningham, 28, of Lockport, is charged with criminal contempt. Cunningham is accused of violating an order of protection at 11:55 p.m., Jan. 9, in the parking lot on Alva Place. He was issued an appearance ticket.

Daniel Thomas Henning, 41, of Maple Street, Batavia, is charged with falsifying business records 1st. Henning is accused of falsifying business records at Pawn King, on Veterans Memorial Drive, at 12:11, Dec. 22. The case was investigated by Investigator Erik Andre and Deputy James Stack. Henning was issued an appearance ticket.

Nicholas Scott Warriner, 24, DWI, refusal to take a breath test, speed not reasonable and prudent, and following too close. Warriner is accused of driving too fast for conditions and too close to a marketed Sheriff's patrol vehicle at 12:15 a.m., Jan. 16, on Clinton Street Road, Bergen. When the deputy slowed his vehicle while a lead vehicle was turning, Warriner's vehicle allegedly hit the rear of the patrol vehicle. Warriner allegedly failed a field sobriety test.  He was issued an appearance ticket. The investigating officer was Deputy Jacob Gauthier.

Brianna Nicole Greene, 34, of Parkridge Avenue, Buffalo, is charged with grand larceny 4th.  Greene is accused of stealing more than $1,000 in clothing from Dick's Sporting Goods at 1:51 p.m., Jan. 8.  Greene was issued an appearance ticket.

Qumane James Santiago, 23, of West Main Street, Batavia, is charged with harassment 2nd. Santiago is accused of striking another inmate at the Genesee County Jail at 7:21 a.m., Jan. 7. 

Rachel A. Keene, 26, of Pembroke, is charged with DWI. Keene was stopped by a trooper out of SP Clarence on south Newstead Road, Newstead, on Jan. 8. She was allegedly driving with a BAC of .10. She was released on an appearance ticket.

Batavia man accused of setting fire in Washington Towers, stealing a bike

By Howard B. Owens
Matthew Zakrzewski

A 42-year-old Batavia man is in custody following an investigation into a fire at Washington Towers on Sunday.

Matthew T. Zakrzewski is charged with attempted arson 2nd, burglary 2nd, criminal trespass 3rd, petit larceny.

Zakrzewski is accused of setting a chair on fire in the communal area of the retirement residence at Jefferson and Washington in the city. 

The police identified Zakrzewski as a suspect during the beginning of the investigation when police received a report of a bicycle being stolen on Bank Street.  

Zakrzewski was located and identified as the suspect in the bicycle theft. During his arrest, police found he also matched the description of the arson suspect.

He is also a suspect in reports of broken windows on vehicles in the area. 

A current parolee, Zakrzewski was arraigned in City Court and ordered held on $50,000 bail, $75,000 bond, or $150,000 partially secured bond.

Assisting Batavia PD in the investigation was City Fire, Emergency Dispatchers, NYS Parole, and citizens. 

The investigation is ongoing. Anyone who may have information in reference to the cases should contact Detective Sergeant Matt Lutey, Batavia Police Department at 585-345-6350 or the confidential tip line at 585-345-6370.

Garage destroyed, house damaged in early morning fire in Elba

By Howard B. Owens

A garage fire was reported at 7504 Norton Road, Elba, at about 5:45 a.m. and the fire spread to the adjoining house and though the house was saved by volunteer firefighters, two residents and a dog have been temporarily displaced, according to Elba Fire Chief Mike Heale.

The cause of the fire is under investigation.

Heale confirmed there was some sort of explosion in the garage during the fire but the object that exploded was not identified at the time of his interview this morning.

The fire went to a second alarm, Heale said, to ensure there was enough manpower to fight the fire in frigid weather. The temperature was two degrees this morning, which means crews need to rotate frequently to stay warm.  The cold weather also creates slippery conditions for firefighters as water freezes quickly.

No injuries were reported.

Reporting and photos by Alecia Kaus/Video News Service.

Local data shows potential repercussions of not getting vaccine, officials say

By Joanne Beck
Video Sponsor
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Of all the debatable data out there regarding COVID-19, one piece about local hospitalizations is irrefutable, Dan Ireland says.

United Memorial Medical Center’s occupancy rate is at 86 percent, and 100 percent of patients admitted to the Intensive Care Unit have been unvaccinated, said Ireland, Rochester Regional Health/UMMC president, during a live-streamed health discussion Thursday. 

“Seventy-five percent of COVID admissions are unvaccinated people,” he said. “The data is clear, unvaccinated folks are suffering (from COVID symptoms and illness).”

Another statistic to note is that 100 percent of people put on ventilators were also unvaccinated, he said. Though there are various other reasons for someone being admitted to the hospital, 70 percent of them went to the hospital for COVID-19 symptoms and concerns, he said.  It was a set of coronavirus symptoms that drove them to visit the hospital, he said. 

Although some vaccinated people are experiencing break-through cases, the symptoms have not been as severe, he and Genesee and Orleans County Health Director Paul Pettit said. 

“Please, please, please get your vaccine,” Ireland said. 

Not only is that step important for protecting the health of individuals and families, it helps to free up space at the hospital, he said, citing 36 percent of the entire hospital population is attributed to COVID-19. People are still seeking health care treatments for other causes, and it’s “our job to strike that balance” between the needs of those with the COVID virus and more traditional healthcare that is needed.

Those traditional healthcare services remain open at RRH hospitals, which include elective surgeries. Those surgeries held a 90 percent occupancy rate in 
December. Ireland said that, more recently, those surgeries will still occur, but on “a much more limited basis.”

“Surgery is not closed, we’re just limiting it to limit the exposure to patients,” he said. 

The whole region is focused on restricting elective surgeries to essential only, per health department guidelines, he said, however, facilities in nearby counties have taken patients when necessary. 

There will be public announcements to inform the community of changes that may occur, such as particular hospital offices needing to close due to staffing shortages or exposure concerns, and where patients may be able to go instead. Overall, hospital staff “has done an amazing job at accommodating them at other locations,” Ireland said. 

As of Tuesday, a new visitor policy restricts hours for a 9 a.m. to 1 p.m. and 3 to 7 p.m. daily visitor schedule. Everyone will be screened, information is to be captured for potential contact tracing and visitors cannot see patients with COVID-19 or other immunity compromised patients. 

“Just be aware, if you have a loved one in the hospital, if a screener advises you of a new policy, it’s because of updated responses.”

As for those colorful and rhinestone-covered cloth masks, the latest data shows, especially in the light of the recent spread of the SARS-2-CoV variant known as Omicron, that they are not as effective as medical masks. The Hospital administration has issued a “no cloth masks” order in lieu of medical, tighter-fitting masks, such as KN95. Hospital visitors without such masks will be given one by staff, he said.

“It’s very important to protect yourself; wearing that mask is a barrier. Is it full-proof? No. But we do know it’s a barrier (to the virus),” he said. 

Ireland said that, of course, people want to get out and enjoy activities away from their homes. They can do that, but there are tools in place to protect people to have fun “safely and effectively,” he said. 

“Have some self-awareness and some self-driven compliance,” he said of wearing masks, testing when necessary, and isolating and/or quarantining if positive for the virus or exposed to someone else who is positive. Journalists participating in the event asked about the safety of student-athletes, the target number for vaccinations, and the future. 

Student-athletes are being tested based on the same protocols as other students, Pettit said.

New York State set a target vaccination rate of 70 percent, and “we’re above that number now as a whole,” he said. People who are most recently getting the vaccine seem to be doing so based on external events, such as a family member getting sick or dying from COVID-19, or mandates requiring a vaccine for certain types of travel, he said. 

And for those on the fence? His department staff is working to answer questions and provide information to anyone not yet vaccinated. 

“We’re really trying to talk to those folks who are undecided,” he said. ”Based on the data, the vaccine is very effective; it does keep people from having the severity of the disease, and it keeps them out of the ICU and off ventilators. We’re hoping these folks will make the decision at some point in the very near future.”

Genesee County has experienced a “very sharp increase” in positive cases, especially in congregate settings, such as nursing homes, he said. There have been a total of 12,105 positive cases and 164 deaths from the COVID-19 virus since the onset of the pandemic. Out of that number, 1,509 cases were in the month of December compared to 2,118 in just the first 10 days of January, he said. 

He wanted to clarify case investigations, which are conducted for confirmed cases by obtaining the person’s name, address, symptoms, date of onset, close contacts and that person’s history during the prior 48 hours, versus contact tracing, which takes the process “a little bit further” by trying to identify people who were exposed to a confirmed case of the virus and establish if those people are isolating (if found to also be positive) or quarantining due to being exposed to the person found to be positive. 

Case investigations are not changing, he said. However, due to the massive numbers of positive cases multiplied each by an estimated five to 10 exposures, it’s likely the health department may not be able to follow up on all of those cases, he said.

Genesee County Legislator Rochelle Stein reminded folks that everyone can take a part in keeping the community safe.

“Vaccinate and get the booster when you are eligible, she said. “Mask when in public places, test when you feel ill, and then stay home. These are the simple ones today.”

For further information, watch the video and/or go to GOHealthNY.org

Planners on board with addition of warehouse/office complex at Brickhouse Commons in Pembroke

By Mike Pettinella

Randy Fancher, president of J&R Specialties of Akron, citing ongoing supply chain issues and inflation, presented a fourth version of his company’s plan to develop three parcels at the corner of Route 5 and Route 77 in the Town of Pembroke to the Genesee County Planning Board tonight.

“We’ve been here before,” said Fancher, speaking of the planning board’s previous approvals of the Brickhouse Commons LLC mixed-use project – a pair of buildings combining retail and residential near Brickhouse Corners Drive and Tim Hortons, and across from Pembroke High School.

While that venture is still on the table, Fancher and his brother, Jeff, vice president, now are proposing to construct a 42,000-square-foot warehouse and office building – between the two mixed-use structures.

“Our core business needs have changed drastically over the last year with all the supply chain issues and inflation, and so we are now having to stock way more product than in the past,” he said. “So, now this is our core need for this warehouse.”

Fancher told The Batavian that the company’s current set-up – working out of three separate facilities in Akron – is “extremely inefficient.”

“As everything in the world has changed recently, we have decided it would be much more efficient to build a new warehouse/office complex large enough to have everything under one roof,” he said.

Pending final approvals from the town and other agencies, the Fanchers said they are committed to developing the warehouse/office first, followed by the mixed-use apartments/retail space and, eventually, a three-story mixed use building with commercial on the first floor and 17 apartments on the second and third floors farther south along Route 77.

Fancher said that J&R Specialties already has received approvals for the mixed-use buildings, which are located in the Genesee County Economic Development Center’s Buffalo East Technology Park in the town’s Interchange District.

Planning Board member Tom Schubmehl, a Pembroke resident, asked Fancher about the amount of truck traffic the warehousing operation would produce.

Fancher replied that the plan calls for the loading dock to accommodate three tractor-trailers at any time, adding that he figures there will be three to five semis at the location per day.

“… the drawing we submitted was only a conceptual,” he said. “We had to check with the Town of Pembroke to see if they needed curbs -- what their curb requirements were. Once we get approval, we’ll move into an actual site plan and then we can address semi flow.”

Planning Board Chair Laraine Caton noted that the intersection will become quite contested before Planning Director Felipe Oltramari mentioned that the trucks will enter and exit from Brickhouse Corners Drive, which is off of Route 5.

The board then recommended approval of the site plan, with modifications pertaining to acquisition of a stormwater permit, signage that complies with the town’s zoning regulations, and meeting Enhanced 9-1-1 standards and (the recently added) public safety radio system in-building coverage requirements.

PEMBROKE IN THE CANNABIS ‘ZONE’

The planning board also recommended approval of the Town of Pembroke’s desire to amend its zoning test to include “cannabis related businesses” throughout the 41.7-square-mile municipality.

The town has opted in to allow cannabis dispensaries and on-site consumption establishments in accordance with New York State’s Marijuana Regulation & Taxation Act. Other Genesee County communities that opted in are the City of Batavia, Towns of Darien and Pavilion, and Village of Corfu.

The text amendment would allow for cannabis related businesses to operate with a special use permit.

Schubmehl commented that Pembroke will become “the county’s business center for marijuana distribution,” prompting Oltramari to advise that cannabis sales already are taking place on the nearby Tonawanda Seneca Nation Reservation.

INCENTIVE TO COMPLETE SURVEY

Oltramari said that Genesee County is number one in the state thus far in terms of people responding to an online survey about broadband access (www.geneseebroadband.com). He said that 3 percent of households have filled out the survey, which is twice as much as any other county.

County residents completing the survey can enter a drawing for a “Dine, Stay & Play Package” at Batavia Downs Gaming which includes a one-night stay for two at the Hotel at Batavia Downs and $50 towards a meal at Fortune’s restaurant (valid Sunday-Thursday).

The planning director said he will be presenting the Genesee 2050 Comprehensive Plan and Recreation Plan to the County Legislature’s Public Service Committee next Tuesday.

Drawing above: Brickhouse Commons site plan -- Route 5 (Main Road) is at right; Route 77 (Alleghany Road) is at the bottom. The proposed warehouse/office building is located between the two proposed commercial/residential buildings. 

Previously: GCEDC board approves assistance for Pembroke mixed-use project

Genesee County faces difficult situation when it comes to transporting persons dealing with mental health issues

By Mike Pettinella

Severe staffing shortages among emergency response units have Genesee County officials searching for the most effective ways to transport residents experiencing mental health episodes to qualified hospitals where they can receive the evaluation and treatment they need.

Tim Yaeger, Emergency Management Services coordinator, and Lynda Battaglia, director of Mental Health & Community Services, led an hour-long discussion via Zoom with county legislators and law enforcement personnel this afternoon about a severely compromised level of ambulance service in the county.

“Why this topic is even being discussed is because there's an EMS (Emergency Management Services) crisis in New York State,” Yaeger said. “We’re looking at counties that are really in a very much of a reactionary form to figure out what they're going to do because the EMS transporting capabilities of the commercial systems are diminished.”

Yaeger said counties across the state are searching for answers as they experience lengthy response times and situations where no ambulances are available at any given time.

“We can probably talk for a long time about it, but it really comes down to pay and work environment and working conditions of the EMS system. That’s why it’s in trouble,” he said.

Emphasizing that his responsibility is to make sure ambulances are there when “the citizens of this county” call for them, Yaeger said he has been talking at length with Battaglia, Mercy EMS and Le Roy Ambulance representatives and law enforcement agency leaders about how to handle mental health incidents that fall under New York Mental Hygiene Law 9.41 and 9.45.

LAW GIVES AUTHORITY TO TRANSPORT

Section 9.41 permits police officers and peace officers to facilitate emergency admissions for immediate observation, care and treatment for any person who appears to be mentally ill and is conducting himself or herself in a manner which is likely to result in serious harm to the person or others. Section 9.45 gives similar authority to directors of community services.

In both cases, transportation to specially designated health care facilities, such as Strong Memorial Hospital in Rochester, Erie County Medical Center or Wyoming County Community Hospital in Warsaw, likely is warranted.

So, the question facing Genesee County legislators is: Who should transport these individuals – emergency medical technicians (or paramedics) in ambulances, police officers (sheriff's deputies, Batavia PD, Le Roy PD) or – what currently is on the table – a combination of both?

With the number of ambulances on the road in Genesee County down from where it should be, Yaeger said he has been working with Mercy EMS to make sure it prioritizes service to Genesee residents.

“Counties outside of Genesee have been relying heavily on Mercy EMS to backfill their shortcomings, and have recently over the last five, six months, it got to a point that was just not manageable anymore,” he said. “So, we worked with Mercy and changed our policy from one ALS (Advanced Life Support) ambulance to two ALS ambulances in service in this county before we will honor an out-of-county ambulance request.”

While the revised schedule is working right now, that doesn’t address the primary focus of today’s conversation – transporting of those in a mental health crisis.

NOT 'LOW HANGING FRUIT'

Yaeger indicated that most surrounding counties use law enforcement personnel to drive the patients to the hospital, but Battaglia – along with Genesee County Sheriff William Sheron – said that, in the majority of cases, is not the way to go.

Calling it “a concerning topic,” Battaglia said those suffering from mental health issues by no means should be considered “low hanging fruit.”

“I wanted to just point that out … that the mental health individuals in the community are also those community residents that need medical services,” she said. “And I have to remind everyone, that somebody that's in a mental health crisis is ultimately considered a medical crisis.”

Battaglia said she was pleased to hear that both Yaeger and County Manager Matt Landers are looking at transports on a case-by-case basis, stating that persons exhibiting symptoms of psychosis are at acute risk of harming themselves or others need assistance from a mental health professional.

“I do have some concerns about EMS medically assessing an individual to determine whether or not police should transport or EMS should transport,” she said. “If somebody is making statements that they are going to die by suicide or if they are having suicidal ideations and deny taking any kind of pills, when in fact they did, and potentially negated telling that to any personnel, that places everybody at risk because they're not going to exhibit any kind of medical symptoms right away.”

WARNING AGAINST STIGMATIZATION

She agreed that the entire EMS and healthcare systems are stressed due to COVID and workforce shortages but warned against the marginalization of the mentally ill.

“… What the system and the advocates have worked really hard about is to not stigmatize and to reduce stigmatization of individuals who are mentally ill,” she offered. “So, if police protocol is to handcuff somebody in a mental health crisis because they're being transported on a 941 and placed them in the back of a police car, that's criminalizing -- that is stigmatizing … and could have detrimental effects. It could possibly force that person to not want to reach out for help in the future; it could be very traumatizing …”

Sheron advised that the county transitioned from police vehicles to ambulances years ago “because of the more humane way to transport somebody that's in crisis.”

“To put somebody in the back of a patrol car behind a cage and in very limited space, I think is not the proper place for somebody who's in mental health crisis -- plain and simple,” he said. “Now, when we have an individual that is violent and we believe that they may become violent in the ambulance, we’ll send somebody along with the ambulance, either following the vehicle or inside the rig itself.”

Other key points brought up during the discussion are as follows:

  • Yaeger and Landers agreed that the situation is “not a black and white thing,” with the former acknowledging that the EMS crisis now has taken precedence over the county’s efforts to fix staffing and other issues related to emergency response in the case of fire or motor vehicle accidents.

In response to a question from Legislator Rochelle Stein about the county’s contract with Municipal Resources Inc., a consulting firm based in Plymouth, N.H., Yaeger said MRI's mandate will be expanded from finding solutions to the widening gaps in fire department coverage to also include confronting the EMS dilemma.

  • Legislator Gary Maha asked what happens if a call for a mental health transport comes in and no ambulances are available?

Yaeger responded by saying that request would be put on hold. “It’s either that or we’re going to try to get a volunteer ambulance to cover that call. They may cover it, or they may not, but it's going to end up waiting.”

  • Legislator Marianne Clattenburg said it is incumbent upon the county “to change how we fundamentally are doing things” by removing elements of criminalization in mental health cases.

“(To place) someone ... in a cop car I just think escalates things and I worry about the liability on the county … if we were to do that,” she said.

She then asked if the county had a contract with Mercy EMS for a certain level of service, to which Landers answered that there is no formal agreement on staffing levels although the county does provide funding to the operation.

  • Responding to questions from Legislator Christian Yunker, Landers said there are approximately 500 calls for mental health crisis intervention in Genesee County annually, although many of them end up as family member transports. The plan being considered is to shift up to half from ambulance to law enforcement transport to the three destination hospitals referred to previously in this report.
  • Landers said the discussion will continue, and he looks to include Dan Ireland, president of United Memorial Medical Center, as legislators inquired about the possibility of the Batavia hospital becoming certified to accept individuals in the midst of mental health breakdowns.

“They're (Rochester Regional Health administrators) heavily invested in doing everything with the new campus (in Batavia), and obviously, they're doing great things there with the hospital expansion,” Landers said. “So, I would hope that this could be something down the road that we have in our own community, I think there's a need there based on what we're hearing about (the numbers) being transported out of our community.”

  • Battaglia, upon hearing that paramedics are not provided with the training to properly handle mental health cases, said she would be willing to provide it.

“Law enforcement knows I've done some trainings for law enforcement. I was just at Le Roy Police a couple months ago, providing mental health training,” she said. “So, if you know that it’s not provided when they’re being trained and going to school, then that is definitely something that I can I can assist with.”

Attracting minority candidates, ongoing community dialogue top Batavia PD's list of 'action items'

By Mike Pettinella

The City of Batavia Police Department is committed to implementing “action items” derived from its participation in the Batavia Police Advisory Collaboration Stakeholder Group, especially in the area of diversity in recruitment, BPD Police Chief Shawn Heubusch said on Monday night.

Speaking at City Council’s Business Meeting at the City Hall Council Board Room, Heubusch (photo at left) said his department embarked on a “heavy” recruiting campaign in an attempt to attract more minority candidates to take the police officer exam.

He said that data compiled through a questionnaire that was filled out by 90 of the 100 or so people that took the Civil Service exam on Sept. 18, 2021 showed that “a more diverse population came out to take our exam.”

While 84.4 percent of the participants identified themselves as White, 3.3 percent were Hispanic or Latino, 2.2 percent Black or African American, 1.1 percent Asian and 1.1 percent Native Hawaiian or Other Pacific Islander.

Heubusch said that the data collected will be used to establish a baseline for future exams.

The department also conducted a physical agility test last week at Genesee Community College, Heubusch said, where “we definitely saw a more diverse group of people come out for that.”

The Batavia Police Advisory Collaboration Stakeholder Group, consisting of citizens from various public and private sectors, was formed in compliance with former Gov. Andrew Cuomo’s Executive Order 203 that called for community policing reform throughout New York.

It met several times during the fall and winter of 2020 and 2021, resulting in the creation of a list of action items that was submitted to Albany. Batavia’s plan is focused on training, community engagement/policing, community liaison, communication, officer wellness and diversity – including Civil Service reform.

“This (Civil Service reform) was a big nugget that everybody talked about across the state,” said Heubusch, who noted that he discussed that subject on a webinar yesterday with the New York State Police Chiefs Association. “(We) continue to advocate for Civil Service reform with elected officials and through professional organizations.”

Other highlights of Heubusch’s presentation to City Council:

  • Criminal Possession of a Controlled Substance has decreased by 54 percent on average over the past five years. Crimes such as larceny and simple assault also declined in 2020 compared to 2019. However, Heubusch said, preliminary reports for 2021 indicate a slight increase in those numbers.
  • The BPD will continue community dialogue through neighborhood meetings and National Night Out. Heubusch said the department’s CrimeWatch page has resulted in enhanced communication with the public and includes a link to Division of Criminal Justice Services statistics.
  • The department’s community liaison program is multi-faceted, including regularly scheduling outings at senior citizen complexes and civic groups, continued engagement with minority groups, placement of a school resource officer at Batavia City School District (Officer Miah Stevens) and establishment of a Citizens Academy Program for interested adults. Heubusch also said plans include enrolling Stevens in the next DARE training class.
  • Community engagement/policing efforts include more foot and bicycle patrols, bicycle safety classes, enhanced training through an agreement with Genesee County Mental Health, crisis intervention training, ongoing implicit bias training, and certification of a de-escalation trainer and defensive tactics instructor.
  • Emphasis on physical, mental and spiritual wellness of police officers, with monthly briefings with the police chaplain, participation in wellness program training, debriefing efforts after critical incidents and regular meetings with supervisors to discuss any potential issues.

Law and Order: Le Roy resident accused of stealing credit card, making purchases

By Howard B. Owens

Shannon Lee Marvin, 30, of West Main Street, Le Roy, is charged with grand larceny. Marvin is accused of stealing a credit card from a person in Bergen in November and making several purchases with the card. Marvin was processed at the Genesee County Jail and released on an appearance ticket.

Abigail M. Russell, 19, of Hamburg, is charged with petit larceny. Russell is accused of shoplifting a bag full of groceries from a local store at 12:01 p.m., Jan. 4. After receiving a report of the larceny, Russell was located by a Batavia patrol officer, identified as the suspect, and arrested.  She was released on an appearance ticket.

Walter M. Rhynes, 30, of Rochester, is charged with harassment 2nd. Rhynes is accused of trying to strike an employee of a local hotel at 1:29 p.m., Jan. 1. He was issued an appearance ticket.

Brittany N. Leach, 28, of Batavia, is charged with two counts of criminal mischief 4th. Leach is accused of damaging a door and a vehicle on State Street at 11:10 p.m., Jan. 4. She was issued an appearance ticket.

Marcus T. Hill, 29, of East Rochester, was arrested on a warrant for alleged failure to appear. The warrant stems from an incident reported at 9:45 p.m., April 25 (no details released) and was issued July 28 after Hill allegedly failed to appear in court as ordered. He was released under the supervision of Genesee Justice.

Hailee N. Callicutt, 21, of Batavia, is charged with obstruction of governmental administration, resisting arrest, driving without insurance, driving on a suspended registration, and driving a vehicle with an obstructed view. Callicutt was stopped by Officer Peter Post at 10:02 p.m., Jan. 1, on Liberty Street.  She was issued an appearance ticket.

Brian Graziaplena, 70, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Graziaplena reportedly drove his car into a tree at 4:23 p.m., Jan. 1, on North Lyon Street, Batavia. He was issued an appearance ticket and released to a sober third party.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 2nd. Siminski allegedly sent a letter to a person covered by an order of protection. He was issued an appearance ticket.

Eric Tyler McGrain, 29, of Donlin Drive, Rochester, is charged with felony DWI, speeding, refusal to take breath test, failure to keep right, and moving from lane unsafely. McGrain was stopped at 1:21 p.m., Jan. 8, on College Road, Batavia, by Sgt. Mathew Clor.

Trisha R. Santora, 39, of Batavia, is charged with eight counts of petit larceny and eight counts of falsifying business records 1st. Santora was arrested by State Police for an alleged crime reported in November. She was issued an appearance ticket. No further details were released.

Kyle A. Hillyard, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Hillyard was stopped at 1:35 a.m., Jan. 9, by State Police in the Town of Batavia. He was issued an appearance ticket.

Brian P. Demko, 44, of Batavia, is charged with aggravated harassment 2nd. Demko was arrested by State Police following an investigation in an incident reported at 7:42 p.m., Dec. 26, in the Town of Batavia. He allegedly made a threat toward another person. He was released on his own recognizance. No further details released.

Proposed City of Batavia budget calls for 78-cent decrease in property tax rate for 2022-23

By Mike Pettinella

Barring any changes made during the budget workshop process, the City of Batavia’s property tax rate for the 2022-23 fiscal year will be $8.94 per $1,000 of assessed value – a decrease of 78 cents from last year’s rate.

City Manager Rachael Tabelski shared details of the municipality’s $17.7 million budget at Monday night’s City Council Business Meeting at City Hall Council Board Room.

Putting the tax rate into perspective, Tabelski said that 5,700 properties in the city support the city’s General Fund operating budget.

"The property taxes they pay make up 34 percent of our total budget revenue," she said. "And the typical tax bill for a resident that owns a house assessed at $100,000 will be $894 under this proposed manager’s budget. The county tax for that same home is $916 and the school tax (is) $2,057."

The proposed General Fund lists a tax levy increase of $121,403, Tabelski said, noting that plans call for reinstatement of service, personnel and equipment purchase. Additionally, the water and sewer funds are stable, and improvements in infrastructure are on the table.

Tabelski highlighted the amount invested into the city in recent years, stating that $132 million in public and private investments are changing the landscape of Batavia.

“Batavia is going to continue to fly back from its rust belt city status, embrace its vibrant roots, double down on the investment and continue to focus on economic growth and neighborhood revitalization,” she said, referring to the impact of the $10 million Downtown Revitalization Initiative award the city received and other large-scale corporate projects.

Her presentation indicated that $96 million already has been invested, $36 million more is in the works and another $42 million is planned.

Last year presented a “dismal revenue picture,” Tabelski said, but things “look much better” for 2022-23.

She said that 41 percent of the budget revenue is from sales tax (budgeting for $6.8 million in sales tax), while property taxes will bring in around $6 million. State aid is pegged at $1.75 million.

“Real property tax is the most stable revenue supporting the General Fund budget,” she noted.

The city manager also mentioned increases in assessed value, stating that the city’s assessed value of property has grown by about 26 percent over the past eight years compared to a 49 percent increase in assessed value in the Town of Batavia.

“A major way of creating additional revenue is to improve the overall value of our commercial and residential properties,” she said. “That’s through investment and new builds, and for continuing the strategy with the Brownfield Opportunity Area and the DRI.”

Tabelski said that about a quarter of the city’s property is not taxable – and that amounts to around $220 million.

The General Fund budget also will be supported by $275,000 in appropriated fund balance, $275,000 in water fund transfer and $130,000 in (one-time) retirement reserves, she said.

“(The year) 2021 has been another unprecedented year,” she said. “However, the city saw revenues rebound with full payments on state aid that helped us avoid layoffs and unfreeze positions throughout the year.

“The difficulty we still face is prices of commodities, hiring and retaining great workers, as this continues to be difficult,” she said. “Overall, the budget you have before you provides more resources to the departments, adds in services that were previously cut or underfunded and strives to meet the needs of the residents of the city of Batavia.”

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