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

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

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

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

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

Richmond: Charter is Very Clear

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

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

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

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

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

DiSalvo: Time Frame Isn’t Specified

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

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

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

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

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

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

Rewriting of Charter May Be in Order

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

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

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

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

Reason for Changing Affiliations

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

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

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

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

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

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

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

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

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

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

In other developments, Council:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

With Rose Mary Christian stepping down after a nearly 30-year career as a member of the Batavia City Council, the question becomes, “Who is going to replace her, even if it’s on a temporary basis?”

Speaking by telephone following tonight’s City Council Business Meeting, Council President Eugene Jankowski Jr. believes that Chapter 3, Section 3 of the City Charter is clear: Christian’s seat should be filled by a Republican who lives in the Sixth Ward (southeast portion of the city).

Batavia resident John Roach, however, in a memo dated Nov. 5 to City Clerk Heidi Parker – and obtained by The Batavian – said he believes that the person should be a registered Democrat. Roach was involved in the drafting of the City Charter several years ago.

A call to City Republican Party Chair Rick Richmond was not returned by the time of the posting of this story.

The reason for the difference in opinion is because Christian was a Democrat when elected to her most recent term and then changed her affiliation to a Republican.

For the record, the City Charter reads as follows:

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

Jankowski emphasizes the part where it states “of the same political affiliation …” as the basis for his belief that a Republican is next in line.

“And that's pretty specific,” he said. “It tells me, what are you now and your seat just became vacant. It doesn't say what you were five years ago when you ran one time? It doesn't say anything like that. It doesn't say the party of which you are elected under. She has been a Republican for the majority of her recent term.”

Roach’s memo indicates that “the intent of the Charter was that the affiliation at the time of taking office should be the one to make the temporary appointment, and that would be the Democrat Party. Unless there is a NY State law that states differently, I think the intention of the voters two years ago should prevail.”

That’s just a citizen interpreting the Charter, Jankowski said, “but he (Roach) has no authority to interpret the charter to do anything about it.”

“He's just an outside observer who once worked on the commission that says he thinks this is what the intent was,” Jankowski added. “But that doesn't say that. Our marching orders are pretty specific. It says replace them from the party of which they were when they left. It's pretty specific. It doesn't talk about in the beginning of their term; it talks about what they are today when they resigned.”

Most likely, this issue will be the topic of debate in the near future as Christian said she hopes to relocate this week, making tonight’s meeting her last. City officials previously announced that a farewell party for her will take place from 5:15 to 7 p.m. Nov. 22 at the City Hall Council Board Room.

When it comes to Christian’s contributions to city government, Jankowski said he admired her tenacity despite not always seeing eye-to-eye on the issues.

“She'll be missed. I mean, she's a big advocate,” he said. “She's my ward councilperson … and she’ll be missed by the Sixth Ward. She's been a fighter for our ward for as long as I could remember.  And she's always done her best to represent the public and to, you know, do her best on Council. So, she'll be sorely missed.”

When asked if he was going to miss the times when they butted heads during the meetings, Jankowski said, “I will, because I like a spirited debate.”

“I think it's a good thing if people disagree and respectfully hash it out. I don't have a problem with that part of the process. I welcome that.”

Pressed about the fact that he has had to rebuke her at certain times, Jankowski said it was his job to keep the meeting moving in the right direction.

“Sometimes things get off track and you've got to bring it back. I understand and I respect her opinions, but if it’s not appropriate at the time, and if it's not on the agenda, I mean, we’ve got to move forward. We can only go so far. We've got to come back to the meeting.”

Photo: Rose Mary Christian, right, speaks with Assistant City Manager Jill Wiedrick, left, and Council member Kathleen Briggs prior to tonight's City Council Special Conference meeting. Photo by Mike Pettinella.

Quentin Isiah Bloom, 24, of North Spruce Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment 2nd, and false personation. Bloom is accused of getting into an argument at 1:35 a.m., Nov. 3, at a residence on South Lake Avenue, Bergen, and of pushing a person to the ground and getting on top of the victim, which obstructed the victim's breathing.  The victim managed to break free, according to the Sheriff's Office, and Bloom pushed close the door of the apartment they were in, preventing the victim from leaving. A deputy on scene at that time managed to push the door open and separate Bloom from the victim.  Bloom allegedly provided the deputy with a fake name.  He was arraigned and ordered held in jail.

Dominque Sincer Betancourt, 19, of Lincoln Avenue, Rochester, is charged with petit larceny and criminal mischief. Deputies responded to Walmart at 3:14 p.m., Nov. 7 for a report of a larceny. Betancourt is accused of throwing merchandise outside of the store without paying for the merchandise. He was released on an appearance ticket.

Edward Joseph Allen, III, 32, of Pin Tail Crossing, Farmington, is charged with grand larceny 4th, DWI, and driving with a BAC of .08 or greater.  Allen allegedly stole a debit card from another person at 2:22 a.m., Nov. 6, at a residence on Emily Court, Bergen.  Allen is also accused of driving drunk the morning of the larceny incident. He was arrested by Deputy Kenneth Quackenbush and Sgt. Mathew Clor.

 

With a victory on Tuesday night against Fillmore, the Section V Class D1 champion Alexander Lady Trojans will have an opportunity to face Genesee Region foe Pavilion for a second time this season – and this time there will be a trip to the Far West Regionals at stake.

Alexander Coach Marcia Hirsch, who reached the 1984 sectional finals as a player (her name then was Marcia Brown), said she is hoping to get another chance at knocking off the undefeated Lady Gophers in the Class D playoffs.

“Yeah, we played them once earlier this year, and they kind of beat up on us pretty good,” Hirsch said. “So, the girls would love another chance to play them because they didn't think they played very well that night.”

The loss to Pavilion during the regular season was one of only three defeats in 22 matches for the Lady Trojans, who upended top-seeded Letchworth in four sets on Friday night for the school’s first sectional crown since 1979.

Friday’s win puts Alexander into the three-team Class D playoff round to determine the Section V entry in the Far West Regionals at 4:30 p.m. Saturday at Le Roy High School.  Chautauqua Lake is the Section VI representative.

The playoff format is as follows:

• Alexander vs. Fillmore (Class D3 champion) at 6 p.m. Tuesday at Pavilion High School;

• The winner of that game vs. Pavilion on Thursday night at 6 p.m. at Caledonia-Mumford High School.

Hirsch, in her 17^th year as coach, said she is proud of the way this season’s team was able to come together in light of losing five key seniors from the 2020 squad. Four juniors from that team have stepped up significantly this year as Hirsch had to juggle the lineup quite a bit.

“My seniors have been awesome all year,” she said, crediting the consistent play of outside hitter Sam Sawyer, setter Adeline Kautz, libero (back row “rover”) Courtney Schum and middle hitter Norah Crawford. Sawyer, Kautz and Crawford are co-captains.

Other key contributors are sophomores Alyssa Kramer and Riley Powell, and juniors Julia Yax and Mel Pohl.

Hirsch said she has had to “do a lot of maneuvering around (with the lineup)” as only two players have stayed with their same position.

“I think the key to our success was how good Adeline came around as a setter,” she offered. “We lost our setter last year and Adeline didn't really get the opportunity to set, so this year she was awesome all year and ended up being a (league) all-star.

“Another big thing is just our coverage; it’s hard (for the opposition) to get anything to hit the floor. So, that’s been a positive for us.”

The girls return to practice today in preparation for tomorrow’s match against Fillmore, which defeated Houghton Academy in five sets in the Class D3 finals.

“I haven’t seen them since Friday so I hope they enjoyed it (time off) and are ready to get back to work,” said Hirsch, who is supported by assistant coach Abbie Kelly and jayvee coach Alycia Yax.

Submitted photo: Front from left, Melanie Pohl, Alyssa Kramer, Maia Saile, Norah Crawford, Makayla Raines; back, Coach Marcia Hirsch, Julia Yax, Samantha Sawyer, Riley Powell, Courtney Schum, Adeline Kautz, Holly Bykowski, Jayvee Coach Alycia Yax.

Update Nov. 9, 12:30 p.m. -- Pavilion's match on Thursday will be played at 6 p.m. at Caledonia-Mumford High School.

It wouldn’t be a stretch to say that the Pavilion varsity girls volleyball team has executed its game plan to perfection this season.

That’s because the Lady Gophers have played 23 matches and have not lost a single set en route to capturing the Section V Class D2 championship – their second straight sectional crown.

Second-seeded Pavilion claimed the trophy on Friday night with a 25-11, 25-15, 25-11 sweep of No. 1 Harley-Allendale-Columbia.

The victory advances the Lady Gophers to the Class D crossover final on Thursday against either Class D1 champion Alexander or Class D3 champion Fillmore.

Alexander – which defeated Letchworth in four sets for the title – will square off against Fillmore at 6 p.m. Tuesday at Pavilion High School, with the winner to meet Pavilion.

The survivor of the three-team Class D playoffs will move on to the Far West Regionals against Chautauqua Lake of Section VI at 4:30 p.m. Saturday at Le Roy High School.

Coach Rex Eighmey, in his 18^th year at the helm, said the “chemistry” of this year’s Pavilion team is off the charts and credits that to the experience most of the girls have gained from playing “club” and summer volleyball against larger schools in addition to their Section V high school schedule.

“A lot of the girls play club and they just love their volleyball,” he said. “And they just happen to be very good players. That’s the main reason; the players are the reason we’re doing what we’re doing.”

The team is led by what Eighmey calls his “Core Four” of senior setter Shannon Campbell, senior outside hitter and captain Adeline Milligan, junior outside hitter Karlee Zinkievich and 6-foot-1 junior middle hitter Lauren Kingsley.

All four are in their fourth year of varsity volleyball – which equates to a great deal of time on the floor together.

“They’re just so used to playing together,” Eighmey said. “Like some of our fans have said, it’s like a well-oiled machine. They just know where each other is going to be.”

Statistically, entering the sectional title game, Campbell, the squad’s vocal leader, had 483 assists in her setter role; Milligan had 193 kills and 145 digs; Kingsley had 203 kills, 38 ½ blocks and 77 digs, and Zinkievich had 100 aces, 120 kills and 132 digs.

Also playing key roles as hitters and defensive specialists in either the front or back row are Paige Landers, 5-foot-11 Shea Amberger, Sara Laurie, Abby Lemley and Samantha Sikora, Eighmey said.

The starting lineup and substitution patterns have worked to a T thus far as the Lady Gophers’ will take a 69-set winning streak into Thursday’s contest.

When asked how close they came to losing a set, Eighmey said that they trailed Warsaw 24-23 before his team rallied to take the next three points.

“That’s the only team that has come close to beating us in a set,” he said.

The Lady Gophers defeated Alexander this season but did not play against Fillmore.

Eighmey also credited assistant coach Rebecca Zinkievich for her dedication to the finer points of the sport.

“Rebecca is a big part of this. She does a lot of drills and a lot of practices and stuff,” he said.

On Sunday, the coaches (junior varsity coach Betty Worthington also is an assistant) and players watched the videotape of Chautauqua Lake’s 25-17, 25-12, 16-25, 25-13 victory over Randolph in the Section VI Class D finals. Chautauqua Lake is 17-0.

“They’re a strong team, but we’re looking forward to the challenge,” Eighmey said. “The sectionals are huge, and now, hopefully, we can win (the regionals) and make it to the four-team state tournament on November 20^th and 21^st in Glens Falls.”

Submitted photo: The Pavilion Lady Gophers with the Section V Class D2 trophy following Friday's victory over Harley-Allendale-Columbia. Front from left, Shannon Campbell, Sara Logsdon, Paige Landers, Abby Lemley, Lily Macaluso, Karlee Zinkievich; back, Assistant Coach Rebecca Zinkievich, Jayvee Coach Betty Worthington, Shea Amberger, Lauren Kingsley, Adeline Milligan, Sara Laurie, Samantha Sikora, Coach Rex Eighmey.

Le Roy’s varsity football season came to an end this afternoon as the Oatkan Knights dropped a 14-7 decision to Haverling in a Section V Class C semifinal game at Hartwood Park.

Coach Brian Herdlein’s second-seeded Knights finish at 8-2, while No. 3 Haverling, 8-1, moves on to face East Rochester/Gananda in the sectional finals next Saturday at Honeoye Falls-Lima.

The visiting Rams scored touchdowns in the first and second quarters before Le Roy pulled to within striking distance with a 12-play, 70-yard drive that ate up more than eight minutes of the clock in the third quarter.

Sparked by the strong running of senior Brock Flint, Le Roy opened the second half with what turned out to be its only sustained drive of the game – converting three fourth-down plays in the process to reach the end zone.

The big play was a 37-yard pass from senior quarterback John Panepento to junior running back Jack Tonzi on a fourth-and-17 situation at the Haverling 42.

From there, Panepento rushed for three yards, setting up a two-yard plunge by Adrian Stevens to make the score 14-6.  Kicker Mitch Hockey added the point after touchdown to make it a seven-point game.

The Knights’ defense held up in the second half – thwarting Haverling drives behind several key plays:

• Lineman Jack Lathan’s fourth-down sack of Rams’ junior QB Justin Yehl early in the fourth quarter;

• Stopping senior running back Keian McRae on a fourth-and-three play at the Le Roy 25 with 6:30 to play;

• Lineman Tyler Strollo’s fumble recovery with less than two minutes remaining.

Unfortunately for the home team, however, the offense was unable to pull any closer as four possessions ended on a dropped pass on fourth down, a punt, an interception by Haverling linebacker William Clarke, and – with a minute left – two straight incompletions.

In the first half, the teams traded punts before Haverling took over at its own 6 on an interception by Yehl, who also plays defensive back.

Switching to offense, the lefty QB proceeded to complete two passes – each for eight yards – to senior tight end Gavin Buckley and McRae before hitting McRae for a 78-yard touchdown with 41 seconds left in the opening quarter.

On the play, Yehl rolled out to his left and launched the ball deep down the middle of the field to a wide open McRae. A pass attempt for the two-point conversion failed and Haverling had a 6-0 lead.

Another interception early in the second quarter, this one by senior defensive back Damien Hall, gave the ball back to the visitors just inside Le Roy territory.

The Knights’ defense, sparked by linebacker Tony Piazza, put Haverling in a fourth-and-two situation at the Le Roy 27, but Yehl came through again – this time avoiding the blitz and hitting senior wide receiver Anthony Brotz for a 27-yard touchdown.

McRae pounded it in for the two-point conversion to give the Rams a 14-0 lead with 8:53 remaining in the half.

Le Roy was unable to move the ball on its next two possessions, having to punt both times.

Updated, 9:50 p.m. Nov. 7:

FOOTBALL
SEMIFINALS
CLASS B
Batavia 60, Wayne 21
Honeoye Falls-Lima 41, Dansville/Wayland-Cohocton 18
Finals: No. 2 Batavia vs. No. 1 HF-L, Nov. 13, 6 p.m., at Pittsford Sutherland High School

CLASS C
Haverling 14, Le Roy 7
East Rochester/Gananda 29, Letchworth/Warsaw/Perry 13
Finals: No. 1 ER/G vs. Haverling, Nov. 13, noon, at Honeoye Falls-Lima High School

CLASS D
Avon 13, Alexander 7
Oakfield-Alabama/Elba 54, Cal-Mum/Byron-Bergen 20
Finals: No. 1 O-A/Elba vs. No. 2 Avon, Nov. 12, 7 p.m., at Van Detta Stadium, Batavia

EIGHT-MAN
Red Jacket 52, Pembroke 12

GIRLS VOLLEYBALL
FINALS
CLASS C
Le Roy defeated Attica, 20-25, 25-23, 25-16, 25-21 (story below)
Le Roy, 22-1, advances to Far West Regionals on Nov. 13 at 2:30 p.m. vs. Portville of Section VI or Skaneateles of Section III. The game will be played at Le Roy High School.

CLASS D1
Alexander defeated Letchworth, 25-21, 25-21, 17-25, 25-23
Courtney Schum, tournament MVP; Sam Sawyer, Alyssa Kramer, all-tournament selections
Alexander, 19-3, advances to a Class D crossover game at 6 p.m. Tuesday vs. Fillmore. The game will be played at Pavilion High School.

CLASS D2
Pavilion defeated Harley-Allendale-Columbia, 25-11, 25-15, 25-11
Adeline Milligan, tournament MVP; Lauren Kingsley, Shannon Campbell, all-tournament selections
Pavilion, 23-0, advances to the overall Class D finals on Thursday vs. the winner of Alexander-Fillmore at a site to be determined.

In a battle of Section V volleyball powers, the Le Roy Oatkan Knights rallied to defeat Attica in four games for the Class C championship Friday night at Avon High School.

Coach Sue Staba’s squad dropped the opening game, 25-20, before coming back to post 25-23, 25-16 and 25-21 wins for its first sectional title since 2017.

Second-seeded Le Roy, 22-1, has advanced to the finals for the past seven seasons.

Staba was named Class C Coach of the Year following the match.

“The girls worked hard all season for this,” Staba said. “They were not going to give up even after dropping the first set. We settled in during game two and started playing our game.”

Le Roy went up 19-14 in the second game, but Attica scored eight of the next 12 points to close within one at 23-22 before the Knights prevailed.

In the third game, Le Roy took control early and the Blue Devils could get no closer than 15-10.

The fourth set was close throughout, with Attica taking a 17-14 lead before Le Roy pulled into a 17-17 tie. With the score tied at 20, sophomore Dana Reschke served the Knights to a 24-20 and, following an Attica point, Le Roy ended it on a Blue Devils’ miscue.

Tournament MVP Allie Ingles filled the stat sheet for the winners, tallying 13 kills (hits that were unreturnable), 11 digs (first contact after the opposition returns the ball) and two blocks (defensive play at the net).

Ingles received plenty of support, with senior co-captains Riley Wood and Hailey Johnson recording 30 digs and 14 assists, respectively, en route to being named to the All-Tournament Team.

Reschke registered 13 assists, while junior Emma Hobart had 19 service points and six kills; senior co-captain Quinn Doty had four kills and five digs; junior Katie Salphine had three kills and four blocks, and junior Sophia Braun contributed four kills.

Other members of the Le Roy team are juniors Rylee Burns and McKenna Coniber, sophomore Lily Uberty and freshman Kylee Green.

“I couldn’t be more proud of this team and all of their hard work and dedication,” Staba added.

The fourth-seeded Blue Devils, who end their season at 18-3, have been in the finals the past three years – and took the Class C1 crown in 2019.

Coach Nici Parkhurst credited her squad for hanging in there against a Le Roy team that finished the season with 19 straight victories.

“We played tough defense and served well tonight,” she said. “The team worked hard and stayed in each set.”

Sophomore Ellie Cusmano (five kills, three aces and 24 digs) and senior Tori Walker (three aces and 29 digs) were named to the All-Tournament Team. Senior Chase Harding added six kills and nine digs, senior Emily Gadd had nine kills and Olivia Mercado chipped in with five kills and three blocks.

Le Roy moves on to regional competition with a game at home next Saturday (Nov. 13) at 2:30 p.m. against either Eden or Portville of Section VI.

Le Roy's Hailey Johnson spikes one over the net past two Attica defenders. No. 13 for Le Roy is Emma Hobart.

Tournament MVP Allie Ingles (5) gets off the ground in an attempt to get the ball past Attica's Chase Harding, left, and Emily Gadd.

Attica's Olivia Mercado makes a play on the ball at the net.

The Oatkan Knights got plenty of support from their fans.

Quinn Doty (2) gets ready as Hailey Johnson sets it up.

Attica's Maddie Robinson, Chase Harding and Tori Walker ready for the next vollley. 

Le Roy Coach Sue Staba and her Section V Class C championship squad.

Photos by Steve Ognibene.

To view or purchase prints, click here.

The Batavia High Blue Devils took care of business in convincing fashion on Friday night before the home fans by rushing for more than 400 yards and five touchdowns in a 60-21 rout of Wayne in a Section V Class B semifinal football game at Van Detta Stadium.

Junior running backs Aiden Anderson and Cam McClinic (photo at top) combined for the five touchdowns on the ground, with Anderson amassing 142 yards on 16 carries and McClinic picking up 151 yards on just five attempts.

"Our offensive line did a fantastic job winning the line of scrimmage and the running backs did their job -- they ran hard and saw the field well," said Batavia Coach Brennan Briggs." 

The victory sets up a rematch between second-seeded Batavia, 9-1, and No. 1 Honeoye Falls-Lima, 10-0, at 6 p.m. next Saturday night at Pittsford Sutherland High School for the Class B crown. HF-L defeated the Blue Devils in the title game last season, and also posted a 27-26 win at Batavia earlier this season.

HF-L topped Dansville/Wayland-Cohocton, 41-18, on Friday night.

"Our team is excited for another opportunity to play HF-L," Briggs said. "I expect a great week of practice. I’m proud of this team."

Against Wayne, Batavia scored on both first-quarter possessions as Anderson slashed through the defense for touchdown runs of 10 and 17 yards. The visitors also scored on their initial two drives, with Dylan Vance converting short runs to make the score 14-14 midway through the second quarter.

From that point on, however, it was all Batavia as Carter McFollins scored on a 45-yard run before Anderson scampered in from three yards out – his third TD – to make it 28-14 at the half.

Batavia kicker Julia Petry was successful on six of eight point after touchdown attempts for the game.

The Blue Devils outscored Wayne, 26-0, in the third quarter with McClinic scoring on runs of five and 53 yards, and McFollins scoring on a 52-yard catch-and-run toss from QB Jesse Reinhart and later on a 40-yard interception return.

Wayne scored midway through the fourth quarter to make it 54-21 before senior Ethan Loaeza completed the scoring for the Blue Devils on a three-yard run with 2:37 to play.

Loaeza carried eight times for 64 yards. Reinhart was 4-for-4 passing for 80 yards, with McFollins catching two of those throws for 75 yards.

On defense, Kaden Marucci had 12 tackles, Abel Hammer came up with seven tackles and a sack, and McFollins had five tackles.

Photos by Jim Burns.

Carter McFollins closes in on Wayne's Dylan Vance.

]

Batavia's Aiden Anderson hauls in a pass from QB Jesse Reinhart.

Carter McFollins at the end of a big gain for Batavia.

Batavia's Javen McFollins defending a pass to the end zone.

Abel Hammer comes away with the ball as Wayne turns it over.

Ethan Loeaza bursts into the secondary.

Loeaza celebrates in the end zone.

As the 75th anniversary of Genesee Symphony Orchestra quickly approaches, the planning of its concert this weekend has been anything but rushed.

In fact, Conductor Shade Zajac has been thinking about the event for the last few years.

“I’ve been so looking forward to this particular season for so long, not for any personal reason. I just want the orchestra to be celebrated, for people to know that this incredible thing exists,” Zajac said during an interview with the Batavian. “I am not the same guy I was when we started … and the orchestra is not the same. GSO will always be part of my history and part of my family.”

The 75th celebration concert titled Yesterday, Today, Tomorrow is set for 4 p.m. Saturday at Genesee Community College’s Stuart Steiner Theatre, 1 College Rd., Batavia. 

Years in the making ...
Zajac, whose first season was in 2016, has been mulling the 2021 musical season “for a lot of years now,” he said. He had discussed it with Co-President Roxie Choate and had several ideas amidst a pandemic that had canceled many public events. 

“It was touch and go whether or not we would actually be having a season,” he said. 

Once venues began opening up, Zajac and staff plunged ahead with mapping out an agenda of nostalgic and meaningful pieces. History has been the focus of the orchestra’s return to the stage, exactly 75 years to the date it first debuted as Batavia Civic Orchestra. 

A letter in Richmond Memorial Library’s archives demonstrates just how delicate GSO’s formation really was. Zajac stumbled upon it, he said, while scouring the vast relics for concert ideas. It was fairly early on after the orchestra’s 1947 founding, and it was an ominous musing about whether it was worth it to carry on.

“Do you want the Civic Orchestra to continue? If so, will you work for it?” the letter began. “It will be a sad loss to the community to end the orchestra. It seems better, though, to end it quickly than to drag on to a slow death.”

Written by then-President Virginia Trietly, the letter ended with a hopeful encouragement to “muster up enthusiasm — lasting enthusiasm” that would allow the group to survive longer than 11 years. It’s safe to say that community members rallied to carry on and endure the next several decades.

“And here we are 75 seasons later. Yeah, through this horrible pandemic where many orchestras haven't been able to do a thing, and we've been fortunate enough to continue to make music. That's a really incredible thing,” Zajac said. “And it's a testament to the musicians, of course, to all the people that have worked on the board of directors and also to this community that continues to support us through tough times, and through great times. Without all of these components … we wouldn't be having this conversation.” 

As for the music, a concert lineup is chock full of classical compositions, a guest performance, and a piece of freshly crafted work. Mikhail Glinka’s “Overture to Ruslan and Ludmilla” is not unfamiliar to orchestras, as it has been performed “many, many, many times” by GSO and others, Zajac said.

“Because it's just a complete fireworks spectacular showcase for the orchestra,” he said. “It’s breakneck fast, and then it gets even faster at the end. It’s a statement to start a program with that piece.”

“Prelude to Act III, Dance of the Apprentices, Final Prelude and Intermezzo,” from Cavalleria, was featured in the very first orchestra performance. Zajac discovered the musical score in library archives labeled with the group's original name. Considered a “classical repertoire,” the prelude is “just gorgeous,” he said.

“I really wanted to do something different, something from the very early season … the librarian gave me the score. And the coolest thing is, stamped on the cover is the Batavia Civic Orchestra, which is, of course, the name before,” he said. “So that is a cool find. And that's a really great piece.”

Then and Now ...
Guest soloist Mia Fasanello will also become part of the orchestra’s history by performing a concerto 75 years after her own grandfather, Sebastian Fasanello, played one during the first concert. No stranger to the GSO, Fasanello won its Young Artist competition for her oboe performance and was a featured soloist with the group for “Concerto for Oboe and Strings” in 2017. Currently studying with the Juilliard School, Fasanello’s talent prickled the judges’ ears from the very first tuning note.

“Oboe is a really tricky instrument to play. And for such a young person to have such a mature sound, it was a no-brainer that she had to be the winner,” Zajac said.  “So it's really great for us to have her come and perform, and to work with us in this collaboration. And it just plays into the whole idea that this is a generational thing.”

From the past of a musician’s grandfather, the concert also includes the present with a “world premiere” of Nancy Pettersen Strelau’s original piece, “A Simple Beautiful Idea.” 

Zajac wanted someone connected to the orchestra to compose a piece for the celebration but wasn’t initially sure who that should be. He chose Strelau for her role as his teacher, mentor, and sounding board throughout his education at Nazareth College School of Music. She even nudged him into applying for the conductor position when it became vacant in 2015. 

“I owe so much to her, she’s an incredible human being; she’s always been there,” he said. “It’s a really beautiful piece … the idea of back when they first wanted this orchestra, how daunting it must have been. It’s a very special piece to me.”

A majestic and lively “Hungarian Rhapsodies no. 2” ends the lineup with a melody often heard during popular cartoons Tom and Jerry, and Bugs Bunny. Don’t be surprised if your mind conjures up a sneaky little rodent wreaking havoc during portions of the song, Zajac said. 

The program includes proclamations from state Assemblyman Steve Hawley and Genesee County Legislator Rochelle Stein; and a display that highlights “certain aspects of our history,”  said GSO librarian and second chair clarinet Joanne Tumminello. A GSO calendar will be available for purchase to support the orchestra and provide a cherished collection of photos across the decades, she said. 

A member since 1995, Tumminello has been in charge of gathering and preserving tidbits of time in the form of news articles, photos, videos and other materials. This year has brought with it a sense of celebration to the wide assortment of members young and old and from all walks of life, she said.

“It’s definitely brought excitement to the orchestra,” Tumminello said. “It has brought us together.”

Shirts with the new GSO logo — selected from entries of a prior logo contest — have been made for members to wear during rehearsal, she said, noting that the 75th will be removed for next season and beyond. That’s a sign that “we can endure anything,” she said.

“The community has a love of history and enjoys supporting us, and that tells us to keep going,” she said. 

Zajac emphasized that although he may be the “face” of the orchestra, it takes the whole body of musicians, board of directors and community support to make a concert, and this celebration, happen. One musician in particular has become part of the 27-year-old conductor’s future: his wife Nicole. Before they were married, she filled in as a pinch-hitter for a vacant French horn seat. The late Bob Knipe, heavily active in the GSO and local music scene, had also “invited her to come and play” in the group. She eventually became a permanent member of GSO.

“I was in the thick of my first season with GSO and knew I needed a sub for Horn. And she turned me down, and we kind of kept talking,” he Zajac said. “And then as that particular concert approached, we needed an extra horn player last minute. So she stepped up, played, and then they kept inviting her back.”

And the rest, as they say, is history.

Tickets are $15 adults, $10 seniors and free to students with a student identification card, and may be purchased at Holland Land Office Museum, YNGodess or online at www.geneseesymphony.com.

Photos: File photos from previous seasons' rehearsals.  All photos by Howard Owens. Top photo, S. Shade Zajac in 2019.  Videos below from 2019.

 

Press release:

The Notre Dame Board of Trustees on Wednesday announced the hiring of Mikey Rapone as the varsity boys basketball coach beginning in the 2022-23 season, replacing his father, Mike Rapone, who has compiled the most victories in Section V boys basketball history over a 42-year career.

Previously, Mike Rapone announced that he would be stepping down after this season. He has a 708-208 record at the varsity level.

Mikey Rapone (ND Class of 2002 and member of 2001 ND NYS Championship basketball team) has over 15 years coaching at Notre Dame, working with athletes, parents, administrators, and community members.

During the interview process, he commented that coaching in various positions at Notre Dame has enabled him to learn how to successfully motivate student-athletes by ascertaining their strengths as well as their weaknesses and to use this knowledge to assist them in working to achieve beyond their limitations while forging a team first attitude.

"I have gained an understanding of the unique balance of discipline, respect, support, and approachability one needs to maintain with student-athletes to be a successful coach," he said. "I feel that I have developed a great rapport with the teams I have coached and am proud of the relationships we share.”

Rapone said he developed his coaching style by learning from excellent coaches, including his father and also Bill Sutherland, Bill Wade, Dave Pero Sr., Wade Bianco, Marc Staley, Joe Zambito, Rick Rapone, Billy Sutherland, Rick Mancuso and Jim Fanara.

"That is a coaching tree that anyone interested in becoming a coach would love to have been able to learn from and it has prepared me well to maintain the tradition of excellence that is Notre Dame basketball," he said.

He acknowledged that "nobody can replace my father," but added that, "there is nothing more I would like to do than to be the next coach of the Notre Dame basketball program that he spent 40-plus years building."

"I plan to coach in the way that he has envisioned his program to be run by his successor and in a manner Notre Dame can be proud of.  I am not my father. We haven’t always agreed on coaching strategies and personnel but the one thing I definitely share with my dad is his love and passion for Notre Dame, the student-athletes and especially the Notre Dame boys basketball program,” he offered.

A public hearing on the Town of Batavia’s 2022 contract with the Town of Batavia Fire Department is scheduled for 7 p.m. Nov. 17 at the Town Hall, 3833 West Main St. Rd.

The proposed contract, which would take effect on Jan. 1, calls for the town to pay the fire department $1,185,265 for fire protection for all of next year.

Town residents fund the fire department through a separate special district tax, which is expected to remain at $2.34 per thousand of assessed valuation – the same as 2021.

The town board announced the public hearing date at its meeting on Wednesday night.

In other action, the town board:

• Approved an agreement in which the town will provide code enforcement services to the Town of Alabama, specifically for development at the WNY Science & Technology Advanced Manufacturing Park.

According to the resolution, the Town of Alabama shall pay the Town of Batavia $55.44 per hour during normal business hours Monday through Friday. The charge for field inspections outside of that timeframe will be $83.16 per hour. Mileage incurred by enforcement officers also will be reimbursed.

• Completed the preliminary 2022 budget process, setting the property tax rate at $2.51 per thousand of assessed valuation. The rate is a 12 percent decrease from 2021, and will generate $1,236,000 in property taxes – the same amount as last year.

The sewer rate remains the same as 2021 -- at $7.09 per 1,000 gallons used -- while the water rate for both residential and agricultural consumers is going up by 2 percent – to $6.32 and $5.12 per 1,000 gallons, respectively.

Salaries for elected officials are as follows:

• Supervisor Gregory Post, $40,000.
• Deputy Supervisor Dan Underhill, $18,000.
• Council members Patti Michalak, Chad Zambito and Sharon White, $12,000.
• Town Clerk/Tax Collector Teressa Morasco, $74,541.
• Highway Superintendent Tom Lichtenthal, $20,101.
• Town Justices Lisa Funke and Andrew Young, $28,840.

No one from the public spoke at public hearings on the budget, sewer and water rates on Wednesday.

Press release:

The Downtown Batavia Business Improvement District is hosting its annual Christmas in the City event from 2 to 6 p.m. on Sat., Dec. 4 with a holiday parade down Main Street to follow at 6 p.m.

The BID is inviting any business, organization or group to walk, ride or enter a float for the parade which runs from Jefferson Avenue to Summit Street. Downtown businesses are encouraged to host an activity or offer store specials during the event. Vendors are welcome.

This year’s event includes train rides, pictures with Santa, hot cocoa, crafts, and a Downtown Scavenger hunt with chances to win some great prizes.

The BID also is hosting its second annual Wreath Contest for Downtown Batavia.  Again, any business, group, organization or family are invited to enter the contest.

For $20, each participant is provided with a 16-inch plain wreath to decorate. Participants can pick up their wreaths on Sat., Nov, 20 and will have a week to decorate it before dropping the wreath off to the BID for community volunteers to put them up downtown.

Voting for most creative will take place from Dec. 4-24. First place winner receives $100 cash prize, second place $75 and third place $50.

To participate in Christmas in the City or the Wreath Contest, contact Beth Kemp at director@downtownbataviany.com or find all forms online at DowntownBataviaNY.com.

The Centers for Disease Control’s approval of a vaccine for 5-11-year-olds provides a new weapon in the battle against the COVID-19 pandemic that has buffeted society for going on two years, Genesee & Orleans Public Health Director Paul Pettit said this morning.

Pettit (pictured at right), speaking to the media via Zoom, continued to spread the word about the effectiveness of the three authorized vaccines – Moderna, Pfizer and Johnson & Johnson – in helping to prevent and reducing the severity of the coronavirus.

He also touched upon this week’s CDC approval (and New York State’s acceptance) of Pfizer’s vaccine for youth in the 5 to 11 age range.

“Under emergency use authorization, it's a little bit different than the full dose Pfizer vaccine for adults,” Pettit said. “It's actually a third of the adult dose, same time period. You're going to have a dose on day one and then you'll also be given a dose 21 days later to be fully vaccinated.

“And again, it'll be two weeks after that second dose that anybody would be considered fully vaccinated. So, it's a five week period, technically, if you look at it from start to finish when you get your first dose.”

He said the one-third dose that was tested showed sufficient antibody response for kids in that age group and has been shown in the trials to be effective at preventing disease and preventing symptoms in those who may again acquire the disease after being fully vaccinated.

Pettit said the COVID-19 vaccines “have undergone the most intensive safety monitoring through the development of it in U.S. history, and vaccinating children will help prevent and protect them from getting COVID-19 and therefore reduce the risk of severe disease hospitalizations and developing long-term COVID complications.”

Children at that age can be carriers of the virus, even if they are asymptomatic, Pettit said.

“They can bring COVID back home to their loved ones, including those that may be more susceptible to severe illness, even if they are vaccinated … So, this is the next tool for us as far as moving forward.”

He said he advises parents to talk to their healthcare providers, mentioning that children – like adults – have varying medical histories.

“We're not giving medical advice here. We are talking about the vaccine and the importance and the role that it will play in protecting children,” he said. "But ultimately, every child has their unique medical history, just like we all do as adults. And we want to make sure that any parents that have any questions or concerns … to become educated, to do your research, to evaluate and look at your own individual situation with your kids and talk to your doctor.”

Pettit spoke on a variety of subjects related to COVID and the activities of the Genesee and Orleans county health departments.

GUIDANCE, RESTRICTIONS IN SCHOOLS

Weekly conference calls with school superintendents continue, Pettit said, adding that, generally speaking, schools are doing well as the health department tracks the number of cases at all districts.

“I would say on average, we're probably around 15 to 20 percent of our active cases are in school aged kids, not necessarily indicating that it's school related spread,” he said. “But these are kids that are positive. So again, that number does vary -- vary up and down.”

The state continues to require masks for everyone indoors at schools – a mandate that has been “frustrating for parents” and “controversial,” Pettit said.

“But ultimately, we have seen a significant improvement in the reduction of quarantines in students this year. And what that has allowed for is better continuity of education. Kids have been able to stay in school and continue to learn in the in-class environment, which is, you know, something that our superintendents have been very vocal about in wanting to make sure we can keep these kids in-person and keep them learning and keep that continuity.”

Pettit mentioned “test and stay” -- a program under consideration by the NYS Department of Health that would allow students testing positive for COVID to remain in school and to avoid a quarantine as long as they are tested every day.

He acknowledged many logistical and supply challenges in implementing this program.

“We are exploring this,” he said. “We're looking at our different funding streams to see if we can … put together the resources to be able to purchase the supplies to get the staffing we need to be able to carry this out.”

Responding to a question from The Batavian on whether discussions are taking place regarding the number of 5-11-year-olds receiving the vaccine and it’s effect on the masking requirement, Pettit said he has not been advised of any verification of what percentage would have to be reached.

He did, however, offer some statistics pertaining to student vaccination rates.

“In Genesee County, the 12-15 age group, we’re at 35 percent vaccinated; the 16-18 at 52.3 percent, and in Orleans County, we’re at 39.1 percent in that 12-15 bucket and 47.1 percent in the 16-18. And the 5 to 11 has just started, so I'm sure we don't have very many there yet,” he said. “But, as far as the masking, that's going to be a decision most likely that's going to be carried out at the state level, not locally.”

POSITIVITY RATES

Pettit said the positivity rates in both counties are hovering around 20 to 30 positives per day, with active cases typically around 200 to 225.

“We have noticed over the last week or two, though, there has been some regional uptick in cases,” he said. “This isn't necessarily something to be unexpected as it is getting colder out … and as we start to come indoors now, there's obviously increased exposure risk, not just the COVID, but flu and other respiratory illnesses, other viruses.”

He advised everyone to “start refreshing” some of the precautionary measures such as masking and social distancing to minimize the spread -- and to stay home if you aren't feeling well as what may be thought of as a bad cold could actually be COVID.

In Genesee County to date, there have been 7,310 positive cases, with 222 currently in isolation and 15 of those active cases in the hospital. A total of 6,459 have recovered and been removed from isolation, while, unfortunately, there have been 135 deaths, he said.

The average seven-day positivity rate in Genesee County is around 8.1 percent.

As far as vaccination rates are concerned, in Genesee County, 64.6 percent of the population has received at least one dose and 58.6 have received the completed series, he said. The highest percentage is in the 65-74 age range – 83 percent.

As far as breakthrough cases in Genesee County, Pettit said 445 of the 1,891 new cases (23.5 percent) from Aug. 1 through Nov. 1 were contracted by those who had been fully vaccinated.

BOOSTER SHOTS

Booster shots of all three vaccines are available and the ability to “mix and match” is an option, Pettit said.

“So, depending on what vaccine you may have received the first time around, if you want to try something different that has been approved and has been shown to be safe, you are able to move to a different vaccine,” he said. “Again, that's completely up to the individual.”

Parameters that govern when people can get the booster shots exist, depending upon the brand of the shot being administered, he added. That information is available on the GO Health website -- GO Health - Genesee & Orleans Public Health Departments (gohealthny.org)

Pettit said the Moderna booster is a half-dose, while Pfizer and J&J are full doses.

“The booster shots are currently recommended now, especially with the Delta variant circulating,” he said.

Third doses, which are different from boosters, have been available since late August, Pettit said, and are recommended for those with compromised immune systems.

Vaccinations are being administered by the health department on Wednesdays in Genesee County and Thursdays in Orleans County. Testing (BinaxNOW, not PCR) is done on Fridays in Genesee and on Tuesdays in Orleans.

Previously: Pettit: County health department COVID booster shot clinics to begin Wednesday; about 120 signed up

The Town of Batavia’s money management policies are having a significant impact upon its bottom line, so much so that it is being recognized by the Pittsford firm that has helped guide the municipality’s investments in recent years.

At Wednesday night’s Special Town Board meeting at the Town Hall on West Main Street Road, Alex DeRosa, relationship specialist with CashVest by three+one, presented the town with the “90+ CashVest Award” which is given to public entities that received a CashVest score of 90 or higher for four consecutive quarters.

“This score takes into consideration everything from the way the town receives payments, makes payments, what you're doing with your cash while it's at the bank, ensuring you have the appropriate bank account structure and a fair banking relationship,” DeRosa said. “The town has hit this mark above 90, not only just for four quarters, but for actually more than eight quarters consecutively.”

DeRosa said the town has gone “above and beyond the normal line of duty.”

“I don't think there's anything in legislation or law that states a town must do everything they can to maximize the value of cash; it just seems like the right thing to do,” he said. “But over the past 18 months, we've actually seen audits from the New York State Comptroller on some small towns, villages and school districts that really gave those towns a red mark on their audit saying they didn't go out and try to maximize value, they did not talk to multiple things, they did not have cash flow forecasts into the future.

“And that's the type of thing that can make headline news, not only for finance staff, but the whole town board and the town as a whole. This work is appreciated by three+one because of our mission. And it should be appreciated by every taxpayer in the Town of Batavia, that you all are going above and beyond to consistently maximize that value.”

Town Supervisor Gregory Post said he believed the town has earned almost $300,000 in unanticipated interest on investments since contracting with three+one.

“… I don't have the numbers exactly in front of me, but I believe our last quarterly report shows that since our inception of working collaboratively on this account have realized nearly $300,000 in interest above and beyond what was anticipated or budgeted,” Post said. “So, that's real dollars and real cash that have assisted us in our migration through the COVID pandemic as well as into the 2022 fiscal year.”

Photo: Hiedi Librock, secretary to the Town of Batavia supervisor, accepts the 90+ CashVest Award from Alex DeRosa of CashVest by three+one. Photo by Alecia Kaus.

A public hearing regarding Local Law Introductory No. 6, which modifies the Genesee County Hotel and Motel Occupancy Tax Law to include Airbnb-type short-term lodging sites, has been scheduled for 5:30 p.m. Nov. 22 at the Old County Courthouse in Batavia.

The Genesee County Legislature’s Ways & Means Committee on Wednesday voted to set the public hearing as required by Municipal Home Rule Law while approving a resolution to replace the occupancy (or bed tax) law that initially was adopted as Local Law No. 2, Year 1995, and has been amended several times since then.

The current version is set to expire on Dec. 31 of this year.

County Attorney Kevin Earl said the primary changes focus on the number of units and the number of days in which properties are rented. The proposed amendments have been discussed at length by legislators and officials of the Genesee County Chamber of Commerce in recent months, 

“Our current law only applies to six or more units," Earl said. "So, we eliminated that threshold to apply to single units. In other words, if somebody rented out their house, it would apply now. But they would have to do it for overnight accommodations and rent it out for more than 14 days in a year.”

Earl said the 14-day provision was put into the wording to exempt a homeowner who may rent his or her house occasionally, such as for a couple days or a week.

The restated law also includes a definition for booking companies, Earl said, notably Airbnb, Flipkey, Home Away, VRBO and Relators. The new law, if approved by the full legislature next week, would take effect on Jan. 1, 2022 and run through Dec. 31, 2024.

The revision certainly will increase the county’s bed tax income as these short-term, home-based properties would be subject to the 3 percent fee that already is added on to hotel/motel bills.

Exemptions to the fee include permanent residents for a period of occupancy in excess of 30 days; persons placed in a hotel or motel by the Department of Social Services, the Red Cross, Salvation Army or other similar organizations due to emergency housing needs; housing for indigent or homeless persons; or exempt organizations.

Earl told legislators that a formal agreement between the county and Airbnb is in the works as the revised law will result in greater responsibility of those renting out homes or similar facilities.

In a related development, the committee approved a resolution brought forth by Kevin Andrews, deputy county treasurer, to use up to $2,250 from the bed tax reserve to fund an audit on the amount of money generated in occupancy tax from local hotels. The Freed Maxick accounting firm has been selected to perform the audit.

Andrews said that, to his knowledge, an audit of this type has not been done before, and that the treasurer’s office will be providing records from three hotels in the county for the audit.

In other action, the Ways & Means Committee approved the following resolutions:

• An intermunicipal agreement between the county and City of Batavia to the Water Infrastructure Investment Act, which provides up to 40 percent of capital project costs in grants since it is the county’s responsibility to fund and provide for capital improvements at the City Water Treatment Plant.

County Engineer Tim Hens said the total cost of several planned projects at the plant are expected to be around $3.4 million, adding that the improvements are necessary to maintain production as the Countywide Water Project moves into Phase 3. He said the City of Batavia will act as the lead agency in the grant application process.

• Acquisition by the county of an easement of a parcel of land on the west side of the South Lyon Street bridge in the city in order to keep the replacement of the bridge on schedule. The bridge, which was constructed in 1910, is closed now and due to be replaced in 2022.

Hens said the county previously acquired properties at the four corners of the bridges, and the only easement remaining was an area “through the (Tonawanda) creek bed, along the west side of the bridge.”

He also said that, according to land records, no individual owns the parcel in question.

“So, you’re essentially acquiring an easement from an unknown entity or not an entity at all,” he said. “It’s a very hard thing to describe.”

After discussions with New York State officials, Hens said acquiring the easement – equating it to using eminent domain on an unknown owner -- would be the fastest way to put the county in position to replace the bridge.  

• The appointment of Chad Brade of Oakfield to fill an unexpired term as county coroner until Dec. 31, 2022.

• The appointment of Chandy Kemp to the Genesee County Economic Development Center board of directors through June 30, 2024, replacing Amy Vanderhoof, who resigned on Sept. 28.

Previously: Lawmakers continue to ponder whether to impose a bed tax on internet lodging booking agencies

Categorizing five potential projects as “long-standing critical needs,” Genesee Community College President Dr. James Sunser today requested that Genesee County enter into a 50-50 agreement with New York State to fund up to $3.4 million that would be required to complete all of the work.

Speaking at the County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, Sunser outlined five projects that he said are part of the college’s Facilities Master Plan approved by the GCC Board of Trustees, and submitted to the Genesee County and to the Dormitory Authority of New York State.

“They’re all under that plan that would allow for 50 percent funding from the state should our local sponsor, Genesee County, approve those plans and commit a similar amount,” he said, adding that the five plans fall into the college’s “deferred maintenance type of issues.”

Under the college’s proposal, the county and the state each would contribute $1.7 million upon completion of all five projects.

Sunser said these projects aren’t new construction, but items that “we have long-standing need for that we’re looking to work on.”

Specifically, the five initiatives proposed are as follows (with the county, if approved, paying for half of the total cost listed):

-- Replacement of the soccer/lacrosse turf on the field adjacent to the Richard C. Call Arena (Total cost $950,000).

Sunser said the field was part of a previous capital project sponsored by Genesee County.

“What we're talking about replacing is not the facility itself, not the underpinnings of it, not the lighting and the electrical, it's merely the covering -- the surface of the field that is now going on 13 years old and had the expected lifecycle of about 10 years,” he said.

He noted that the field will be used for a women’s national soccer tournament starting next Wednesday – an event that will include the GCC squad.

-- Replacement of the cooling tower (Total cost $410,000).

Sunser said the cooling tower handles the cooling for all of the college’s original buildings -- through the original buildings and into the Conable Technology Center.

“That cooling tower is well past its useful life … and that does need replacing at this point. And we're asking for some assistance in doing that,” he said.

-- Renovation of a connective corridor (Total cost $180,000).

Sunser said the corridor connects the original buildings from the cafeteria areas into the fine arts building and theater, adding that he believes the initial design was “flawed.”

“And it's been a long-standing issue where the entrance on both sides of that connecting corridor is below the building levels,” he said, causing water backup and icing in that area. “That’s been one of the areas that we find that we have slip and falls periodically throughout the winter.”

-- Replacement of the Conable Technology Building parking lot (Total cost $800,000).

“That’s our oldest lot now on campus, and it also has an area that is prone to some icing and some issues, and another area we have documented claims against the college for slip and falls,” Sunser said. “The drainage is much like what was in the drainage and the other lots before we've made those improvements during the last major capital plan on campus.”

That particular lot measures 95,000 square feet and is approximately 17 years old.

-- Complete roof replacement on the Technology Building (Total cost $1,060,000).

The structure was built in 2000 and the 26,000-square foot roof has been developing leaks due to end of life failures in stress points, according to the project justification report.

When looking at the big picture, Sunser said if the projects are approved by Genesee County, they can be submitted to the state in the current budget cycle.

“It has been indicated from SUNY (State University of New York) that there would be receptivity to those at this point,” he said. “If they’re approved, then we can work along with the county and the legislature in the future to determine when they'll actually be handled as far as the work being done.”

When asked about the impact to the county’s 2022 budget, Sunser said, “I would imagine that traditionally the counties when they've gone up for bonding on projects, that this would get incorporated into that plan as well.”

Legislator Gary Maha brought up that the county has already committed to spending $70 million for a new jail and that another nearly $2 million is “kind of hard to swallow in one year.”

Sunser said he could “appreciate” that, adding that GCC leaders are “working as hard as we can to take as much pressure off the county as we can – in terms of critical maintenance.”

“These are all long-standing critical needs as far as the infrastructure of the campus. And one of the things that we've been really focused on over the past year is that everywhere we've had the ability to use appropriately (specialized) funds to reinvest in the facilities of the campus, we’ve done that.”

However, he said he viewed the projects as investing in a county partnership facility that you can, I hope, rest assured that the college has been investing in -- in good faith right along -- to try to make sure that we don't have these kind of going back to the old Fram oil filter and pennywise, pound foolish type of mentality. And we've done quite a bit over the course of the summer -- investment in the facility wherever we could to take pressure off the county and not have to make these kind of requests.”

At that point, Legislature Chair Rochelle Stein said lawmakers were not prepared to make a decision today, but would discuss it further.

“We do have your numbers,” she said. “We appreciate the fact that you're here, and if you have any other questions, we will get them (answers) to you.”

This summer, the legislature approved a $2.6 million contribution to GCC for 2021-22 -- an amount that represents about 7 percent of the college's $37.4 million budget. County Manager Matt Landers said that percentage is one of the lowest in the state for counties that support community colleges.

After what has been described as a “long hard” Election Day that began around 5:30 a.m. Tuesday, Board of Elections workers can’t relax just yet, Genesee County Elections Commissioner Lorie Longhany said.

“The write-ins are secured at our facility,” Longhany said today. “We haven’t decided how we’re going to count them. Do we start with the city or towns with more contested races? We have to look at the intent of the voter … the voter gets the vote.”

That’s no small order, with nearly 2,000 write-ins that require manual inspection to determine the voter’s “wishes and intent,” and to ensure there are no glitches on the ballot, Longhany said. For example, if someone wrote a candidate’s name that was already on the ballot, that voids the write-in vote, she said. 

A breakdown of write-ins puts Le Roy at the top with 700, Bethany at 167 for town clerk and four for town justice, Alexander at 141, Oakfield with 137, Stafford 117 and one for Pembroke. Due to the large amount of outstanding write-ins yet to be counted for Le Roy, plus an unknown amount of absentee ballots, town justice candidates Carol DiFrancisco and Tom Feeley declined to make any definitive statement about an outcome. 

“Until the election is officially over, all I would say is that no one should ever think that a single vote does not matter,” DiFrancisco said. “Every LeRoyan deserves to have their vote counted.”

As for those absentee ballots, not even half of the issued ballots have been returned so far, Longhany said. Those ballots must be postmarked by Nov. 2 and will be accepted up to next Tuesday, Nov 9. 

The City of Batavia had 512 absentee ballots issued, with 192 returned; Bergen had 65 issued and 33 returned; Bethany had 19 issued and 12 returned; Byron had 44 issued and 24 returned; Le Roy had 178 issued, 99 returned; Pembroke had 69 issued, 32 returned; and Stafford had 28 and 10, respectively.

Board of Elections staff are to begin processing the absentees on Tuesday, and won’t be done until all ballots have been received by next Tuesday. The postmark will be checked and any envelopes that have Nov. 3 or later will not be counted, Longhany said.

The easier part, though, is to feed those ballots into a machine, which then tabulates a final total for the entire county, she said. 

“It saves us time,” she said. “The machine is very accurate.”

She wasn’t certain when a final, official vote and related voter turnout would be announced, but believes it will be at least a few days beyond the final day to accept ballots. Veterans Day is Nov. 11, which may also slow down the process due to government offices being closed.