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And the walls come tumbling down. Demolition is underway at Ellicott Station

By Mike Pettinella

Sessler Environmental Services of Rochester will be at the Ellicott Station project site for the next few weeks to tear down the former Soccio & Della Penna and Santy's Tire Sales buildings on Ellicott Street in the City of Batavia.

“This building (Soccio & Della Penna, photos at top) knockdown should take about a week to knock it down and load it out," John Christman said today. "And the Santy’s Tires will be probably another two weeks from today.”

Christman is Sessler's project manager for the Santy's portion of the demolition.

He said the demo of the Santy’s building won't start for a couple weeks – not until the Soccio & Della Penna structure comes down. The garage on the property has been razed.

The photo at the bottom shows a building that will remain -- earmarked for renovation as part of the $22.5 million Downtown Revitalization Initiative mixed-use venture being developed by Savarino Companies of Buffalo.

Plans call for construction of a five-story apartment building with 55 new, modern workforce housing units, as well as a brewery, restaurant/beer garden and potential further development on 3.31 acres. It is expected to create 20 jobs in the city’s downtown area.

Photos by Mike Pettinella.

 

Law and Order: Bethany man arrested after report of a disturbance on Putnam Road

By Howard B. Owens

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with endangering the welfare of a child, criminal mischief 4th, criminal obstruction of breathing or blood circulation, unlawful imprisonment 2nd, and menacing 3rd.  Vanskiver was arrested after deputies responded to a report of a disturbance at a residence on Putnam Road, Bethany.  He allegedly obstructed the breathing of a woman and prevented her from calling 9-1-1 in the presence of two children.  He was arraigned in Town of Bethany Court.  His release status was not included in the press release.

Catherine Ann Klinkbeil, 53, of Bank Street, Batavia, is charged with DWI and driving while impaired by drugs.  Kilnkbeil was stopped at 4:32 p.m., Oct. 12, by Deputy Chad Cummings.  She was arrested Oct. 28 by Deputy Chad Cummings, processed at the jail, and released on an appearance ticket.

John William Murphy, 48, of Beaver Meadow Road, Bergen, is charged with criminal contempt 2nd.  Murphy is accused of not surrendering a firearm to authorities in accordance with an order of protection.  Murphy was released on his own recognizance.

Three incumbents re-elected to Batavia City Council

By Joanne Beck

 

 

 

 

 

 

 

 

 

 

 

Batavia City Council-at-large incumbents Bob Bialkowski, Jeremy Karas and Eugene Jankowski Jr. celebrate their unofficial win Tuesday night at O'Lacy's in Batavia. Photo by Jim Burns

About 15 people sat chatting at Republican headquarters while repeatedly checking their phones and awaiting the final election results Tuesday night. Unofficial results were posted online a few minutes past 10:30 p.m., declaring the three incumbent councilmen-at-large the re-elected winners.

Eugene Jankowski Jr. was on top with 1,143 votes, Jeremy Karas received 1,118 and Bob Bialkowski had 1,032.

Pointing out that they were only unofficial results, Jankowski was cautiously happy.

“I’m really relieved right now. I’m pleased that what we’ve been doing on council has been approved by the people of Batavia,” he said at O’lacy’s, the designated spot for Republicans to gather. “It’s important as a council member to get that feedback. We’re on the right track. I work for everyone from Batavia, no matter what affiliation they are.”

The turnout was “disappointing,” Jankowski said, although incumbent Bob Bialkowski had a different view.

“I’m surprised; I think there was quite a healthy turnout,” he said. “The message is to keep up the hard work. I am very happy, I will be happy to serve another term. It was a lot of hard work and lot of campaigning.”

Having someone new run for the seat gave him pause for reflection, he said.

“It makes you sharpen your pencil a little bit,” he said.

Karas was equally in good spirits.

“I was very pleasantly surprised at the outcome,” Karas said, looking ahead to planning projects without a pandemic. “It’s going to be nice to get back to normal … we have a budget coming up and some other irons in the fire, and the new police station. I can’t wait to get out there and move forward on these things.”

Democrat Erica O’Donnell, a newcomer to the election, received 609 votes. She congratulated Jankowski, Karas and Bialkowski in her comments to the Batavian. She spoke by phone from her home, as the Democrats had no designated meeting place Tuesday night.

“I’m feeling all right,” she said. “I’m proud of the campaign we ran. It’s on to the next one.”

Jankowski said he would like feedback from residents about “various issues” and if they have questions or concerns.

He encourages city residents to call him at 585-343-3337.

Preliminary Genesee County election results

By Mike Pettinella

Preliminary (unofficial) results per the Genesee County Board of Elections -- contested races:

Batavia City Council-At-Large  (Top three are elected)

Eugene A.Jankowski Jr., Republican - 1,143                

Jeremy W. Karas, Republican - 1,118            

F. Robert Bialkowski, Republican - 1,032                 

Erica B. O’Donnell. Democrat, Families of Batavia - 609                   

Bethany Town Justice  (Top two are elected)

Joseph Nowakowski, Republican, Legal Party - 248                  

Jeff Wolak, Republican  - 226              

Peggy Johnson, Justice - 106        

Nichole Szymkowiak, Justice -- 81           

Town of Bergen Town Council  (Top two are elected)

James S. Starowitz, Republican - 561               

Teresa F. Whalin, Republican  - 511 

Anne M. Sapienza, Democrat, Conservative, WOR - 232                     

Town of Byron Town Supervisor  (Top vote getter is elected)

Peter N. Yasses, Republican - 283                

Gerald L. Heins, Byron Ind. - 248                 

Le Roy Town Council   (Top two are elected)

David R. Paddock, Republican, Conservative -- 930                

Bill Fox, Conservative - 792       

Robert E. Fussell, Democrat - 528                 

Ronald B. Pangrazio, Republican -- 501   

Sarah Krzemien, Democrat - 329            

Le Roy Town Justice (Top vote getter is elected)

Tom Feeley (write-in, Republican) -- 700

Carol DiFrancisco, Democrat -- 638          

Town of Pembroke Town Council   (Top two are elected)

Edward G. Arnold Jr., Republican - 687             

K. Warren Clark, Republican - 588

Helen Trowbridge Hanes, Democrat, Independence - 247

Uncontested Genesee County vote totals:

County Judge & Surrogate -- Melissa Cianfrini -- 8,037

District Attorney -- Kevin Finnell -- 7,490

County Coroner -- Wade Schwab -- 7,076; John Peck -- 6,793

County Legislature -- 1st District Chad Klotzbach -- 630; 3rd, Gordon Dibble -- 1,266; 5th, Rochelle Stein, 1,262; 9th, Gary Maha, 412

CLICK HERE for complete Genesee County election results -- marked as unofficial. 

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

By Mike Pettinella

It’s full speed ahead for the dispensation of COVID-19 booster shots at the Genesee & Orleans Health Departments.

Public Health Director Paul Pettit, speaking at the Genesee County Legislature’s Human Services Committee meeting this afternoon, said GO Health will be conducting its first booster clinic on Wednesday of this week – offering Modern, Johnson & Johnson and Pfizer doses.

For Genesee County residents, that means traveling to the health department offices at County Building 2, 3837 West Main St. Rd.

“Booster shots are open for everybody now … and we have about 120 people signed up for the morning (on Wednesday) already – and that’s all Moderna,” Pettit said. “So, that’s obviously leading to some additional demand. But most of our pharmacies are vaccinating, so people are able to go there, usually 9 (a.m.) to 9 (p.m.).”

Specifics of the three booster vaccinations, all at no charge, are as follows:

  • Moderna – 9:30 a.m. to 3:30 p.m. (Registration deadline, Nov. 3; appointments are limited). Open to those 18 and older with booster eligibility, including previous full vaccination with Pfizer, Moderna, or J&J. This Moderna booster shot registration must be at least six months after receiving the second dose of Moderna or Pfizer, or at least two months after receiving a single dose of J&J.  You also must meet other eligibility requirements associated with age, work, or underlying health conditions as seen at: https://covid19vaccine.health.ny.gov/booster-doses.
  • Pfizer – 1:30 to 3:30 p.m. (Registration deadline: Nov. 3; appointments are limited). Open to those 18 and older with booster eligibility, including previous full vaccination with Pfizer, Moderna or J&J. This Pfizer booster shot registration must be at least six months after receiving the second dose of Pfizer or Moderna, or at least two months after receiving a single dose of J&J.  You also must meet other eligibility requirements associated with age, work, or underlying health conditions as seen at: https://covid19vaccine.health.ny.gov/booster-doses.
  • Johnson & Johnson – 1:30 to 3:30 p.m. (Registration deadline: Nov. 3; appointments are limited). Open to those 18 and older with booster eligibility, including previous full vaccination with J&J, Pfizer, or Moderna. This J&J booster shot registration must be at least two months after receiving a single dose of J&J, or at least six months after receiving the second dose of Moderna or Pfizer.  You also must meet other eligibility requirements associated with age, work, or underlying health conditions as seen at: https://covid19vaccine.health.ny.gov/booster-doses.

In all cases, proof of identity and original vaccination card (or other proof of your original full vaccination) will be required at the time of your appointment.

Pettit also said he expects to hear soon, possibly tomorrow, that the childhood vaccine for 5-11-year-olds has been approved.

“We’re ramping up and preparing to do some childhood vaccines, probably starting next week, if we get the vaccine in later this week,” he said. “We're going to be running those clinics kind of late afternoon/early evening to afford parents the opportunity to get home from work and come to the clinic if they want.

“Again, the primary focus with that age group, though, is not really to come to us. We'd rather have them go to their pediatrician, where there's a little more comfort and familiarity. Obviously, for those that have gotten child vaccines at that age, sometimes (it's) a little more tricky, especially in a mass setting …"

When asked about people “mixing and matching” the booster shots, Pettit said, “It’s really the ‘Wild Wild West’ on that.”

“I guess if you want to change it up and try something different,” he said. “I'm going to stick with what I got the first time because well, frankly, Moderna is holding up the best of all three.”

Pettit suggested that people speak with their doctors about whether they should switch from what they received the first time. He acknowledged that many people have switched from J&J because that vaccine “has held up probably the least over time now against the Delta variant.”

He said that most of the breakthrough cases (people getting COVID after being vaccinated) are with the J&J vaccine.

“They (J&J) probably should have just done two shots to start with,” he said. “Their two shots basically are the same efficacy as two shots of Moderna or Pfizer. But I think they wanted to offer a simpler path.”

On related topics, Pettit offered the following:

  • Hospital bed capacity.

“As we get in the cold or flu season, you're going to get more and more people come in. I mean, obviously, what they'll (hospitals) start doing is backing off on elective surgeries and things to try to free up more bed capacity. You know, unfortunately, we're heading into the time when we get more access needs to the emergency room and bed capacities.”

  • Current COVID cases.

“Cases are holding fairly steady – we had a little bit of an uptick, I think, over the weekend, compared to where we were last few weekends. But overall, we're averaging around 25 to 30 new cases a day, and on average around 200 or more as far as active cases of folks on isolation.

“Regionally, most people saw a pretty significant increase over the weekend with active cases. So, I mean, it could be attributed to people coming indoors; things closing up – getting a little colder out. You may recall last year, actually, Halloween-ish kicked off a lot of the activity; we had low numbers pretty much through most of October. And then once we got to Halloween, gatherings and parties and things  started happening, and we started seeing an increase in numbers.”

  • Nattural immunity.

“The CDC (Centers for Disease Control) does not recognize natural antibodies for the purposes of avoiding vaccination or for avoiding quarantines, you know, unfortunately. And I think the reason for that is typically we develop antibodies for certain strains. If you have the alpha variant, it may be less effective versus new strains but still affords protection similar to the vaccines, especially in preventing severity of illness.  

“There's a lot of debate over natural immunity versus the vaccines … it's kind of a controversial thing, because, you know, I think it's debatable, one way or the other … I think they've shown -- that the data shows -- that the vaccines provide better protection than natural immunity in this case with COVID, just due to the new variant, especially so. But if you had the Delta variant, I mean, you have immunity from it."

  • New vaccine technology.

“I think this is really when you look at the way they were able to produce this vaccine so quickly. I mean, it's really due to the technology. And I mean, there's a lot of talk now to start using the mRNA approach for flu vaccines and other things. You know, if you think about the window, when they make a flu vaccine, you're looking at what was circulating over in Asia and China -- like coming off in January, February. I mean, they can wait now until April or May, and get the mutations in there, and they can produce a vaccine in a month or a couple months, You're going to get a better efficacy out of that vaccine.”

Law and Order: Contractor from Hamburg accused of not completing work in 2014, charged with theft

By Howard B. Owens

Mark Newton, 53, of Hamburg, is charged with petit larceny. Newton was arrested on a warrant issue in 2014. Newton allegedly accepted a sum of money to complete contracting work and then failed to complete the work and never returned the money.  He was arraigned in City Court and released under supervision of Genesee Justice.

Ray Spencer Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd. Saile is accused of being in the residence of a protected party at 1:38 a.m., Oct. 28.  He was released on an appearance ticket.

Thomas Tacito, 61, of Batavia, is charged with failure to appear.  He was arrested on six warrants for failure to appear on multiple charges including criminal contempt, harassment, disorderly conduct, and criminal mischief. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

Samantha L. Hoy, 30, of Niagara Falls, is charged with DWI.  Hoy was arrested on Oct. 26 after allegedly driving off the road in teh area of 205 Oak St., Batavia. She was issued an appearance ticket.

George J. Budzinack, 41, of Batavia, is charged with criminal mischief 4th. Budzinack is accused of damaging the door of an apartment on Mill Street following a fight. He was released on an appearance ticket.

Cody L. Pahura, 30, of Darien, is charged with Driving with a BAC of .08 or greater. Pahura was stopped by Batavia PD at 1:21 p.m., Oct. 21, on West Main Street, Batavia.  He was arraigned in City Court and released under supervision of Genesee Justice.

Philip Escobar, 32, of Kirvin, Texas, is charged with DWI and failure to submit to a chemical test. Escobar was arrested following a complaint of a man sleeping in a truck that was in the drive-through line at McDonald's at 2:30 a.m., Oct. 24.  He was released on an appearance ticket.

Phoenix Garcia-Sobczak, 30, of Elba, is charged with grand larceny. At 2:12 p.m., Oct. 14, Garcia-Sobczak allegedly took a vehicle from another person without permission. He was issued an appearance ticket.

Antonia Goodson, 31, of Batavia, is charged with petit larceny.  Good was arrested on warrants out of City Court.  He was arraigned and released under supervision of Genesee Justice.

Jason Shaffer, 41, of Perry, is charged with driving while ability impaired by drugs, uninspected motor vehicle, and insufficient turn signal. Shaffer was stopped at 1:05 a.m., Aug. 23, in the City of Batavia.  He was charged following an investigation, arraigned inn City Court, and released on an appearance ticket.

Jillian Antinore, 44, of Batavia, is charged with felony DWI, felony driving with a BAC of .18 or greater, refusal to take breath test, aggravated unlicensed operation, and following too closely.  Antinore was charged following an investigation into a motor vehicle accident at 4:15 p.m., Oct. 12, on Ellicott Street.  She was issued traffic tickets and released.

Heather Davis, 44, of Batavia, is charged with criminal contempt 2nd.  Davis is accused of violating an order of protection by having contact with the protected person. She was released on an appearance ticket.

Cody A. Bush, 35, of Batavia, is charged with criminal contempt 2nd, criminal possession of a controled substance 7th, burglary 2nd, and resisting arrest. At 3:08 a.m., Oct. 11, Bush was allegedly found in the residence of person he was ordered by a court not to contact. He was arraigned and ordered held without bail.

Jeremy Olsen, 48, of Bergen, is charged with criminal mischief 4th.  Olsen is accused of cutting a tree in a City park on Oct. 16.  He was issued an appearance ticket.

Jesse Lord, 21, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Lord allegedly fled from a bar fight at 10:28 p.m., Oct. 16, in a vehicle and police observed him leaving the scene and stopped his vehicle. He allegedly failed a field sobriety test.  He was processed at the jail and released on traffic tickets. 

Shelby Fryer, 26, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlicensed operation, and no or inoperable headlights. Fryer was stopped at 2:27 a.m., Oct. 17, by Batavia PD and released on appearance tickets.

Supply chain issues push start of Park Road Reconstruction Project back to spring 2022

By Mike Pettinella

The “new normal” has become a reality for the Park Road Reconstruction Project.

Tom Lichtenthal, assistant engineer for the Town of Batavia, this morning said the start of the $4.077 million renovation of Park Road between Route 63 (Lewiston Road) and Route 98 (Oak Street) has been pushed back until next spring due to supply chain issues caused by the COVID-19 pandemic.

“This is the result of COVID, just like we’ve seen for the last year and a half to two years in trying to get materials,” Lichtenthal said. “It’s the new normal, if you will, and it was not unexpected.”

During a pre-construction meeting last week with representatives of general contractor Catco (Concrete Applied Technologies Corp.) Construction of Alden, Lichtenthal learned that the pipe for the watermain won’t be delivered for another 12 weeks.

“That pushes the start out to mid-January, which is not a good time for this type of work,” he said. “Installation of the pipe is still the first order of business, but it’s likely delayed until the spring of 2022.”

Lichtenthal said the late start is not expected to extend the timeline for the project’s completion, which has been set for December 2022.

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

Previously: WROTB, Town of Batavia agree on Park Road items

Previously: Town board OKs measures to support Park Road project

Former UMMC employee attracts national attention as COVID-19 vaccine ‘whistleblower’

By Gretel Kauffman

A now-former employee of United Memorial Medical Center in Batavia has attracted national attention in recent weeks as a self-proclaimed “whistleblower” around what she describes as a “cover-up” of potential dangers of the COVID-19 vaccine.

A GoFundMe campaign that appears to have been created by Deborah Conrad states that the hospitalist physician assistant “recently lost her job due to the COVID-19 vaccine mandate.” A spokesperson for the Rochester Regional Health system confirmed to The Batavian on Oct. 13 that Conrad was no longer employed at the hospital.

But in a description for the GoFundMe campaign, which had attracted more than $74,000 from roughly 1,500 donors as of Sunday morning, Conrad suggested that she intends to remain in the public eye. Conrad has spoken to multiple media outlets in recent months, at times making controversial statements about the COVID-19 vaccine that other medical professionals say misrepresent the risks of immunization.

“As I move into this new chapter in my life, no longer able to do the job I have loved for the last 15 years, I want to make my sacrifices count,” the GoFundMe description reads. “As I gain more and more exposure to media outlets, I need to travel to speak at these events, and also support my family at the same time. I need the community around me to lift me up as I march this path of truth.”

Conrad declined through a third party to be interviewed by The Batavian.

STATEMENTS TRIGGER CONTROVERSY

While employed at UMMC, Conrad spoke to multiple media outlets in September, including the New York Times, about her hesitancy around the COVID-19 vaccine. She has also spoken locally on the matter.

Speaking to a crowd at EverPresent Church in Batavia at an event hosted by the church on Sept. 30, Conrad said that her public statements should not be interpreted as an attempt to discourage people from getting the COVID vaccine.

“I support you no matter what decision you make,” Conrad said. “I just want to make sure you have an informed choice.”

But a number of the insinuations and speculations that Conrad has made publicly, particularly those regarding UMMC patients whose conditions she has suggested may have been caused by the vaccine, have been characterized by other medical professionals as highly unlikely and not in line with the most up-to-date scientific research.

In an hour-long video interview published in September by The HighWire, a website run by the Texas-based anti-vaccine group Informed Consent Action Network, Conrad stated that her hospital had seen a noticeable increase in patients coming in with conditions including heart attacks, strokes, blood clots, gastrointestinal bleeds, sepsis, pneumonia, appendicitis, pancreatitis and “recurrent cancers” following the initial public rollout of the COVID-19 vaccines in early 2021.

A spokesperson for Rochester Regional Health told The Batavian that hospital administration was not aware of any such increase.

“To our knowledge, no clinician, epidemiologist, hospital leader, or principal investigator running a clinical trial has commented, remarked or expressed similar experience or concern,” the spokesperson wrote in an email to The Batavian. “The only noticeable difference in admissions after the vaccines became available was that COVID-19 admissions significantly and dramatically decreased until the Delta variant became more prevalent in our area.”

If the hospital did see such an increase, that uptick could have been due to other factors including side effects of the COVID-19 virus itself, Dr. John Crane, a physician and professor at the University at Buffalo Jacobs School of Medicine and Biological Sciences, notes—"or to delays in needed care due to fear of catching COVID-19 in the hospital or in the emergency room, as has been seen many times in our country.”

Conrad went on to cite as examples several specific cases that she believed may have been linked to the vaccine, including a patient “whose cancer came back from remission and rapidly killed the individual” after they were vaccinated. She told the interviewer that she had also witnessed “new cancer [cases] come out of nowhere,” implying that any or all of these cases may have been caused by vaccination — a suggestion that Crane describes as “bogus.”

“There are millions of Americans receiving care for cancer at any given time in our country,” Crane wrote in an email to The Batavian. “Many of them achieve a prolonged remission or even achieve a cure. But there are thousands of others who relapse every week, regardless of whether they received a COVID-19 vaccination or not.”

While there is no medical evidence linking COVID vaccination with an increased likelihood of developing cancer, the U.S. Centers for Disease Control and Prevention and others are currently monitoring to learn whether COVID-19 infection itself carries a higher risk of developing subsequent cancers, Crane noted.

VACCINE DATABASE IS A TOPIC OF CONCERN

One of Conrad’s primary concerns, as she has stated in multiple speaking engagements and on her GoFundMe page, is public awareness of the federally-run Vaccine Averse Event Reporting (VAERS) database. The database, which has existed since 1990 and is co-managed by the Centers for Disease Control and Prevention and the U.S. Food and Drug Administration, “accepts and analyzes” voluntarily-submitted reports of “adverse events,” or possible side effects, after a person has received a vaccination, according to a description on the official VAERS website.

“Most people don’t even know what VAERS is,” Conrad said at the EverPresent event in late September. “I didn’t know what VAERS was and I’m a health care worker.”

In the HighWire video interview, Conrad said that she had submitted the names and information of more than 120 UMMC patients to the database since the COVID-19 vaccine was rolled out, including an estimated 50 patients in the span of one particular month — accounting for the bulk of all the VAERS reports submitted by the hospital in that time, according to Conrad.

At one point, Conrad said, she approached hospital administration to ask for support in her work reporting patients to the VAERS database, as it had become a “full-time job.” That request was “met with resistance,” Conrad told the HighWire interviewer.

A spokesperson for Rochester Regional Health confirmed to The Batavian that such a conversation occurred, but disputed Conrad’s characterization of the hospital’s response as that of “resistance.”

“The administration has always confirmed that it is important to follow VAERS reporting requirements,” the spokesperson said.

In an undated phone call with UMMC President Dan Ireland recorded by Conrad, a clip of which was played in the video produced by The HighWire, Ireland clarified that the hospital system’s policy was that each health care provider “has the responsibility to report on their own patient” when it comes to submitting adverse events to the VAERS database.

The number of reports submitted by Conrad should not be interpreted as evidence that the same number of patients in fact experienced side effects from the vaccine, medical experts say. While health care workers are required by law to report certain adverse events—in other words, certain injuries, illnesses, or deaths—that occur within a specific time period after vaccination, not all events reported to VAERS are caused by vaccinations and VAERS reports “generally cannot be used to determine if a vaccine caused or contributed to an adverse event or illness,” according to the FDA website.

One example, according to Crane: If a newly-vaccinated patient becomes involved in a severe car crash on their way home from the vaccine clinic, their injuries from the crash could be reported as an adverse event—even if the crash was caused by their car’s malfunctioning autopilot feature and not by the vaccine.

For some patients and their families, a lack of broad public awareness of the database have lead to confusion around why certain cases are reported to VAERS and what these reports indicate.

Howard Owens of Batavia told The Batavian that he was contacted in August by a UMMC nurse, who informed him that his hospitalized wife, Billie, had been added to the VAERS database. (Note: Owens is the publisher of The Batavian. Billie Owens, who passed away on Oct. 15, was editor of The Batavian.) The call left Owens feeling perplexed. He had a clear understanding of his wife's health issues, some of which pre-dated her vaccination. He consulted with Billie's doctors who definitively agreed that her condition had not been caused by the COVID vaccine. 

“We knew why Billie had become ill,” Owens said. “It had nothing to do with COVID or the vaccine.”

The parameters of VAERS reporting -- and what his wife's inclusion in the database meant -- were not made clear to him during the call, Owens said. He said he was told during that call that Billie's inclusion in the database meant that she was confirmed to have had an adverse reaction. (When contacted by The Batavian, the nurse confirmed that she had provided Owens with a VAERS identification number but did not provide any other details about their exchange.)

When Owens watched Conrad’s interview with The HighWire — in which she suggested that a number of UMMC patients with serious conditions may have been hospitalized due to side effects from the vaccine — his confusion turned to frustration and anger, he said, largely on behalf of other families who may have found themselves in similar situations, leaving them susceptible to misinformation about the vaccine. 

"Making false claims about adverse reactions to patient families doesn't strike me as caring about patients,” Owens told The Batavian. “It seems like the exact opposite: Causing unnecessary drama in the lives of people already facing enough trauma at a critical time in their loved one's care.”

CONRAD: GOAL IS 'OPEN-MINDED HEALTHCARE'

Speaking at EverPresent Church, Conrad said she was invited to participate in the interview with The HighWire after she learned that ICAN had, unprompted, paid her legal fees for hiring a New York City-based attorney while she was employed at UMMC.

“Of course I was scared to death and I knew my job would be on the line as a result,” Conrad said, in reference to the interview. “I knew I would be exposed… I don’t want to hurt anybody, but I just can’t stand to see the injustice going on.”

In the description for her GoFundMe campaign, Conrad says that she is interested in opening her own local clinic “offering unbiased, open-minded healthcare” in the future. In the meantime, she wrote, she hopes that her public statements will prompt discussion of “how to help those possibly injured and give them a voice.”

“I didn’t want this job, but I just kept hearing [God] call me,” Conrad told the crowd at EverPresent Church. “I just keep hearing him tell me, ‘Don’t be afraid. Keep going. Keep doing what you’re doing.’”

Gretel Kauffman, a former resident of Elba, is a special corresponded for The Batavian.

Photo: Screen capture from video interview with Conrad on The HighWire

City Fire Captain: PAARI is a Door for People Struggling with Addiction and a Tool for Reducing Stigma

By Mike Pettinella

In the eyes of City of Batavia Fire Captain Greg Ireland, his department made a wise and potentially life-saving decision to join the Public Safety Assisted Addiction & Recovery Initiative in Genesee County.

Ireland, speaking at the GOW Opioid Task Force meeting via Zoom earlier this month, said access to a specially-built foyer in front of the fire headquarters on Evans Street for those struggling with substance use has made a big difference – not only for those individuals who are seeking help but also for the fire department personnel assigned to support them.

The Task Force, in conjunction with the Greater Rochester Health Foundation and Genesee/Orleans Council on Alcoholism and Substance Abuse, hosted a public event at the fire station this summer to welcome the City of Batavia FD into the fold – joining the City of Batavia and Village of Le Roy police departments and the Genesee County Sheriff’s Office.

The City of Batavia FD is the first fire department in the state to be a part of the PAARI network.

Ireland (photo at right) said that by educating them about substance use and addiction, firefighters learned to understand what some people are going through.

“There were some in our department who said they didn’t want those people in our building; that they didn’t want to deal with addicts,” he said. “Through education, that was a very easy hurdle to change. Educating our firefighters and employees to the opioid crisis.”

PERCEPTIONS HAVE CHANGED

He also said a key factor in the education process was when a GCASA peer advocate came to the fire department and met with every one of the firefighters.

“That really bridged that gap. They were able to see that these are real people who have real struggles and eventually can be successful,” he said.

Ireland, in thanking the GRHF for a grant that made it possible, pointed to the secure area for PAARI intake at the building’s front door as overcoming another hurdle.

“We were able to build a double-door foyer for intake now, and that’s where the process starts,” he said. “But a firefighter is assigned to stay with that person from the minute they walk in until the peer counselor from GCASA arrives.”

Ireland took on the role as coordinator of the PAARI program for the department after learning the success the Chatham Police Department had in starting several years ago. The initial thought of Chatham organizers was to reduce petty crime by taking those with substance use disorder off the street by getting them help.

“Think about these folks who have that substance use disorder, and they’ll basically take from anything to feed their habit,” he said. “So, what they found is that by eliminating the people with substance use disorder in his community, they reduced the petty crime – theft and things of that nature because people weren’t stealing to buy drugs. That was the whole goal of this program. It reduces crime and there’s some scientific evidence to prove that.”

Ireland said medics use special business cards – printed with “Addiction is not a crime, it’s a disease” and “Help is available 24/7” – when responding to calls involving drug use.

“We will leave the cards on the kitchen table as we leave,” he said. “Our hope is someday maybe they will pick that up, see it and maybe it’s the right time for them to accept the help.”

NON-ARREST PATHWAYS TO TREATMENT

PAARI’s mission is to provide training, guidance, support, and resources to help law enforcement agencies nationwide create non-arrest pathways to treatment and recovery.

It was founded by the Gloucester (Mass.) Police Department along with the Angel Program in June 2015 – creating a simple, stigma-free entry point to treatment and reframing addiction as a disease.

Under this program, those struggling with substance use can go to the law enforcement agency 24/7 and receive help, stigma-free, GOW Opioid Task Force Coordinator Christen Ferraro said.

“What that means is that an officer will meet them at the door and they will help them to get the help that they need,” she said. “If they have drugs on them, police or fire officials will dispose of those drugs for them, they will connect them with the resources for treatment and recovery, and kind of be that first entry point to getting help.”

One of those resources is the support of a GCASA peer support advocate – a team player, often in recovery, who steps into the role of providing a bridge between providers and clients that facilitates the medical and psychosocial care of the client.

Rob Shields, who spoke during the meeting, is one of those people.

MAKING CONNECTIONS IS THE KEY

“As someone in recovery, I wish that I knew about a program like this due to the fact that I might have not gone through the struggles that I went through,” Shields said before explaining his responsibilities.

He said that those struggling with substance use need someone they can connect with – someone who can relate to their situation.

“A peer advocate or peer support advocate emphasizes their support for the peer they're working with,” he said. “They connect with the peer and fight for what they need. Peer advocates can be found next to peers in court. They help them come up with coping skills and ways to monitor their own progress.”

Shields (photo at right) emphasized that substance dependency can be “a scary place.”

“You get to the point where you don’t know where to turn, and you don’t know who to talk to. You’re in so deep, that nothing else matters in your life,” he explained. “You think that people won’t give you the time of day, but with the PAARI program you have people that are there to support you and connect you to the resources to help you on your road to recovery.”

--------------

Along with the options of going to the agencies mentioned above, other avenues for those seeking help with substance use disorder are the 24/7 telephone hotline -- CARE + CRISIS / WYO CO CRISIS 585-283-5200 / PEER PHONE LINE 585-815-1800 -- and GCASA’s The Recovery Station at 5256 Clinton Street Rd., Batavia.

Disclosure: Mike Pettinella is the publicist for GCASA.

City crews working to repair water leak on Law Street

By Mike Pettinella

Update, 11:30 a.m., from Rachael Tabelski:

The break has been repaired.  Water service to residents on Law Street was interrupted while repairs were made, but has been restored. Any residents, especially on the southwest side of the city, that has brown discoloration in their water, should run their cold water at this time until it runs clear.  After discovery of the water line break, the city asked for conservation efforts of water while we investigated the extent of the issue.  At this time all conservation requests are discontinued.

---------------

City of Batavia workers have identified a water leak on Law Street that currently, according to City Manager Rachael Tabelski, is affecting a limited number of residents.

“There was a call midway through the day yesterday (Saturday) that the tanks at the water plant were dropping,” Tabelski told The Batavian minutes ago at the scene. “They (water plant employees) waited to see how the demand was yesterday. And as they got into the night when water usage is typically lower, the tanks continued to drop, which is an indication of a leak in the system.”

Tabelski said crews began looking at different lines throughout the city and northern towns of Genesee County where they suspected the leak could occur.

“As they moved through the night, they walked lines all over the city -- especially the larger lines -- because the leak we could tell was significant because of the drop in our tanks,” she said. “And we need those tanks every day to refill at night to then supply enough water to all the customers during the daytime.”

She said she came out to meet crews around 6 this morning to issue a press release on their behalf so they could stay in the field.

“Then we went out and in daylight were able to see that the break occurred on Law Street. So, now crews are here trying to determine if it is just a junction to a fire hydrant or if it's the full line that broke. We’ll know more later.”

When asked if it is a major break or something that could be repaired quickly, Tabelski said that is unknown at this point.

“Luckily it's affecting a small number of customers,” she said. “The goal right now to try to ensure the customers on Law Street -- the residents -- get their water back immediately because they did have to shut off and isolate this.

“The good news is we know this is what the cause of it is because they there was a spike in the water tanks as they began to fill again. So, we're very confident that is what it is.”

Earlier, Tabelski sent out a press release asking residents to conserve water until the leak in the system was identified and repaired.

Photos: City of Batavia crews are on Law Street this morning, the site of a water leak that currently is affecting a small number of customers. Photos by Howard Owens.

Meeting with engineers working with city give O-At-Ka CEO optimism that wastewater issue can be solved

By Mike Pettinella

Friday’s meeting with the engineering firm representing the City of Batavia -- coupled with continued progress on completion of a new pretreatment facility – is giving O-At-Ka Milk Products Chief Executive Officer Bill Schreiber hope that wastewater restrictions placed on the Cedar Street processing plant will come to an end in the near future.

“Our technical team had a good exchange of information with the city and their engineering firm (GHD Group of Buffalo) this afternoon,” Schreiber said in an email to The Batavian. “The team presented several options we think will assist in elevating dissolved oxygen levels in the lagoons (at the city’s Waste Water Treatment Plant) and support recovery.”

In the meantime, O-At-Ka officials have been hauling wastewater to other locations on a daily basis for several weeks – currently at an average cost of $13,000 to $15,000 per day, Schreiber said.

This became necessary when City of Batavia leaders determined that the dissolved oxygen levels in the ponds were insufficient and not in compliance with the State Pollutant Discharge Elimination System permit that regulates O-At-Ka. As a result, the city issued a cease-and-desist order to the plant, which is owned by the Upstate Niagara dairy farmer cooperative.

Schreiber and John Gould, Upstate Niagara chairman of the board, have been calling for a meeting with city engineers and the New York State Department of Environmental Conservation to forge a “three-party solution.”

While the DEC apparently was not involved in Friday’s discussion, Schreiber said that engineers working with the city “have indicated they will consider what was presented and we hope to have further discussion next week.”

Work on getting its new pretreatment plant up and running is on schedule, Schreiber said, adding that Nov. 15 is the target date to begin seeding and flow to the new Moving Bed Biofilm Reactor.

“The media for the new MBBR has been received,” Schreiber said. “The blower mechanical and electrical installation is complete, and pre-commissioning and walk through for the blowers is planned for November 8th.”

He said the company also is acquiring an additional Dissolved Air Flotation – not part of the original design -- to augment the existing unit, facilitating a process that removes solids before the wastewater enters the MBBR and reduces the load.

Calls to City Attorney George Van Nest, who is speaking on behalf of the city regarding this situation, were not returned at the time of the posting of this story.

Photo at top: The new Moving Bed Biofilm Reactor with the media for it on the ground to the left of the structure; Photo below: An inside view of the MBBR. Submitted photos.

Previously: City attorney: WWTP levels are heading in right direction; O-At-Ka has to abide by conditions of permit

Maple Street arsonist convicted in jury trial

By Howard B. Owens

UPDATED with additional information from the trial.

     Plush Dozier

An arson and attempted murder case dating back to 2018, beset by numerous delays -- including the 2020 pandemic -- has reached a resolution after a jury trial this week of Plush Dozier, 24.

Dozier was convicted by the jury this afternoon on both counts.

First-degree arson is a Class A-1 felony. Second-degree attempted murder is a Class B felony.  Under New York's penal law, both sentences must run concurrently.

Dozier intentionally set fire on June 15 to the house at 35 Maple St., Batavia, in an attempt to kill a person inside the residence.

First Assistant District Attorney Kevin Finnell, who prosecuted the case, indicated the conviction came on the strength of a confession by Dozier the night of the fire. At the fire scene while fire crews were still battling the blaze, Dozier approached Officer Arick Perkins and admitted to starting the fire. He later made a tape confession that included method and intent. Those details were corroborated through additional investigation and statements by occupants of the home.

During the drive, Lt. Micahel Morris, City Fire, provided testimony that helped secure the conviction.

During deliberations, the jury asked for a replay of the video of Dozier's confession and also asked for a readback of a portion of the testimony of one of the children who was home at the time of the fire.  

Finnell said the jury deliberated for more than two hours before returning a verdict.

Among the delays in the case was a September 2019 mental health evaluation that ended in a determination that Dozier was mentally fit to stand trial.

While in custody, Dozier allegedly damaged the door of a Sheriff's patrol vehicle and menaced an officer.  He also is accused of kicking out a plate glass window at the jail in a separate incident.

For previous coverage, click here.

Batavia defeats Newark/Marion, 35-0; ND loses to Avon

By Mike Pettinella

Tonight's Section V football quarterfinal scores:

Class B -- Batavia 35, Newark/Marion 0

Class C -- Letchworth/Warsaw/Perry 6, Livonia 0

Class C -- Le Roy 7, Attica 3

Class D -- Avon 22, Notre Dame 0

Class D -- Cal-Mum/Byron-Bergen 27, Bolivar-Richburg 20

Class D -- Alexander 45, Geneseo/Mount Morris 0

Class D -- Oakfield-Alabama/Elba 68, Clyde-Savannah 8

Eight-Man -- Pembroke 34, Lyons/Sodus 0

O'Donnell supporter miffed by disappearance of signs

By Mike Pettinella

It’s not exactly trying to “steal the election,” but the removal of a couple political signs supporting Erica O'Donnell in her bid for an at-large seat on Batavia City Council has an Ellicott Street resident hopping mad.

Diana Kastenbaum is reporting that both of her O'Donnell for City Council yard signs – one on Ellicott and one on Richmond Avenue -- were stolen in the last 24 hours.

“And it’s not even Halloween yet,” she stated in an email to The Batavian.

O’Donnell is the lone Democratic Party candidate in a four-person race for three at-large positions. She is running against incumbent Republicans Eugene Jankowski Jr., Robert Bialkowski and Jeremy Karas.

“The Republican signs for Council are all still standing on Ellicott.  This has happened in the past to Dem signs, but not the Republicans signs in the City of Batavia,” Kastenbaum said.

“Someone left a note in my mailbox today to say Erica's signs were no longer in my front yard. I didn't notice if they were there this morning, but when I came home from work only the stakes were left.  Of course, I will replace them, but every year we have to deal with this nonsense and no one seems to do anything about it.”

When informed of Kastenbaum’s predicament, Jankowski said he could understand why she would be annoyed.

“I don’t understand what people gain by that,” he said. “I know that in past elections, a few of my signs went missing.”

He also theorized that it could be an O’Donnell supporter who wanted a sign to put up somewhere else.

“I mean, in a couple of days, they’ll all be coming down so if you want one, just ask and you can get one for free,” he said.

Assistant Police Chief Chris Camp said that the Batavia PD has received no reports of political signs being removed from yards in the city thus far this election season.

Batavia Downs Gaming 3rd-quarter earnings at $2.5M

By Mike Pettinella

While falling short of the $3 million predicted by Western Regional Off-Track Betting Corp.’s chief financial officer, the 2021 third quarter nevertheless turned out to be a record three-month period at Batavia Downs Gaming.

WROTB’s 17 participating municipalities will be receiving $2,518,587 in earnings from July, August and September and another $62,729 in surcharge in September, according to figures released Thursday by CFO Jacquelyne Leach.

"We fell short because we were able to come to an agreement with the Batavia Downs Gaming Union to provide a much deserved bonus and wage adjustment to our gaming union employees," Leach said.

Furthermore, illustrating the facility’s recent surge in activity, earnings and surcharge distributions of $4.4 million for the first nine months of 2021 are $1.2 million more when compared to the first nine months of 2019 -- a 39.48 percent increase, Leach reported.

Genesee County will be receiving $53,393 in earnings from the third quarter and $1,090 in surcharge from September. For the year, the combined amount going to Genesee is $93,344 – up from $71,287 for the same period in 2019.

The years 2021 and 2019 were used since 2020’s earnings were adversely affected by COVID-19.

The third-quarter numbers for the other GLOW counties are as follows:

Livingston -- $57,738 in earnings and $1,129 in surcharge (September);

Orleans -- $37,144 and $634;

Wyoming -- $36,771 and $671.

Surcharge and earnings distributions for the other GLOW counties for 2021 are as follows:

Livingston -- $100,232 (up from $77,427 in 2019);

Orleans -- $63,187 (up from 51,822 in 2019);

Wyoming -- $63,382 (up from $49,969 in 2019).

Four Bills' Hall of Famers, Molitor, Guidry to appear at this weekend's Legends & Stars expo at Batavia Downs

By Mike Pettinella

Seven NFL Hall of Famers -- including Buffalo Bills’ greats Andre Reed, Jim Kelly (photo above), Thurman Thomas and Joe DeLamielluere – and former Major League Baseball standouts Ron Guidry and Paul Molitor are headlining this weekend’s Legends & Stars Batavia Sports Expo at Batavia Downs Gaming on Park Road.

The event runs from 4:30 to 8:30 p.m. today and from 9:30 a.m. to 5:30 p.m. Saturday.

“We have a tremendous lineup of sports legends with us this year,” said Ryan Hasenauer, Batavia Downs Gaming marketing director. “This gives people an opportunity to come out and purchase all kinds of great memorabilia and cards – anything sports related.”

Other NFL Hall of Famers scheduled to appear are linebacker Rickey Jackson, halfback Lenny Moore and tight end Kellen Winslow Sr.

Guidry, a left-hander pitcher, is a two-time World Series champion with the New York Yankees (1977-78) and won the Cy Young Award in 1978. Molitor, an infielder and designated hitter, is a member of the 3,000 hit club and was inducted into the Baseball Hall of Fame in 2004.

Hasenauer said collectors will be glad to know that many vendors have signed up to participate.

Admission is $10 person each day and must be paid in cash. Each paid admission guest receives the following:

  • $10 Casino free play voucher (only for guests ages 18 & up);
  • One raffle ticket for “Dealer Bucks” Giveaways awarded throughout the day.

Children 12 & Under are admitted at no charge, but will not receive a raffle ticket or a casino free play voucher.

The lineup for “legends and stars” and their autograph session times are as follows. Prices for autographs vary depending upon the item to be signed. Photo opportunities also will be available.

TODAY

-- Joe Cribbs, running back, Buffalo Bills, San Francisco 49ers, Indianapolis Colts, Miami Dolphins; 3x All-Pro. 5:30 to 6:30 p.m.

-- Joe DeLamielluere, offensive guard,  Buffalo Bills, Cleveland Browns; HOF '03, 6x Pro Bowl, 8x All-Pro. 6 to 7 p.m.

-- Jordan Poyer, safety, Buffalo Bills. 6 to 7 p.m.

-- Andre Reed, wide receiver, Buffalo Bills, Washington Redskins; HOF '14, 4x AFC Champ, 7x Pro Bowl. 7 to 8 p.m.

-- Thurman Thomas, running back, Buffalo Bills; HOF '07, 1991 NFL MVP, 5x Pro Bowl, 4x AFC Champ. 6:30 to 7:30 p.m.

SATURDAY

-- Carlos "Boogie" Basham Jr., defensive end, Buffalo Bills; 2021 2nd Round Draft Pick. 3 to 4 p.m.

-- Marty Cordova, left fielder, Minnesota Twins, Toronto Blue Jays, Cleveland Indians, Baltimore Orioles; 1995 AL ROY. 11 a.m. to noon.

-- Doug Drabek, pitcher, New York Yankees, Pittsburgh Pirates, Houston Astros, Chicago White Sox, Baltimore Orioles; 1990 NL Cy Young, 1994 All-Star. 11 a.m. to noon.

-- Ron Guidry (photo above), pitcher, New York Yankees; 2x World Series Champ, 1978 AL Cy Young, 5x Gold Glove, 4x All-Star, Yankees Co-Captain 1986-88. 11:30 a.m. to 12:30 p.m.

-- Micah Hyde, safety, Buffalo Bills, Green Bay Packer; 2017 Pro Bowl. 1 to 2 p.m.

-- Rickey Jackson, linebacker, New Orleans Saints, San Francisco 49ers; HOF '10, Super Bowl XXIX Champion, 6x Pro Bowl. 11:30 a.m. to 12:30 p.m.

-- Stevie Johnson, wide receiver, Buffalo Bills, San Francisco 49ers, San Diego Chargers; 1:30 to 2:30 p.m.

-- Jim Kelly, quarterback, Buffalo Bills; HOF '02, 5x Pro Bowl, 4x AFC Champ. Noon to 1 p.m.

-- Dawson Knox, tight end, Buffalo Bills; 2 to 3 p.m.

-- Paul Molitor, infielder/DH, Milwaukee Brewers, Toronto Blue Jays, Minnesota Twins; HOF '04, 3,000 Hit Club, 1993 World Series Champ, 1993 WS MVP, 7x All-Star, 4x Silver Slugger. Noon to 1 p.m.

-- Lenny Moore, halfback/wide receiver, Baltimore Colts; HOF '75, 2x NFL Champion, 1956 NFL ROY, 1964 NFL MVP, 7x Pro Bowl. 11 a.m. to noon.

-- Eric Moulds, wide receiver, Buffalo Bills, Houston Texans, Tennessee Titans; 3x Pro Bowl. 1 to 2 p.m.

-- Andre Rison, wide receiver, Indianapolis Colts, Atlanta Falcons, Cleveland Browns, Jacksonville Jaguars, Green Bay Packers, Kansas City Chiefs, Oakland Raiders; Super Bowl XXXI Champion, 1990 All Pro, 5x Pro Bowl. 12:30 to 1:30 p.m.

-- Greg Rousseau, defensive end, Buffalo Bills; 2021 1st Round Draft Pick. 2 to 3 p.m.

-- Devin Singletary, running back, Buffalo Bills. 2 to 3 p.m.

-- Sean Waltman, WWE Hall of Famer/DX Member. Noon to 3 p.m.

-- Kellen Winslow Sr., tight end, San Diego Chargers; HOF '02, 3x All-Pro, 5x Pro Bowl. 1 to 2 p.m.

Celebrity Bartending to Benefit Connor O’Neil

A celebrity bartending event is set for 8:30 tonight at the Labatt Blue Zone at 34 Rush. A portion of food and drink purchases made from 8:30-10:30 p.m. will benefit Connor O’Neil, a 9-year-old boy from Lockport who has been stricken with a rare form of malignant brain cancer.

Appearing will be 97 Rock’s DJ Jickster, Channel 2’s Patrick Hammer, Channel 4’s Dave Greber, Buffalo Hockey Legend Danny Gare and Thurman Thomas.

There will be live auctions for autographed sports memorabilia as well with all proceeds benefitting #ConnorStrong. For more information on #ConnorStrong, visit https://connorstrong.org/.

Rose Mary Christian nears end of nearly 30-year run on City Council; farewell party, proclamation set for Nov. 22

By Mike Pettinella

Depending upon the closing date of the home that she and her daughter, Raelene, have purchased on Holmes Avenue, Rose Mary Christian is about to close the door on a nearly 30-year career as a member of the Batavia City Council.

Because Christian (in file photo above) is moving from her Williams Street home of 22 years in the Sixth Ward, which she represents, to the First Ward, she will be ineligible to continue on the governing body.

“I would think that we will close on the house within a month,” she said earlier this evening.

If the transaction is finalized before Council’s next meeting on Nov. 8 and Christian is in her new residence, it would mean that Monday night’s meeting was her final hurrah.

During her tenure, she was known for her willingness to speak her mind – ruffling feathers along the way – and fought valiantly to keep taxes down and for her constituents in the Sixth Ward.

The Sixth Ward covers the area south of Main Street and east of Liberty Street, extending to the Genesee County Fairgrounds on East Main Street.

Christian said she will miss the interaction with the residents and her colleagues.

“You know what I’m going to miss is the people in this ward. Am I going to miss Council? Yeah, I’m going to miss some of those people – quite a bit,” she said. “I might have not been able to override them that many times, but I gave it my best. I voted what I believe, you bet I did. And if I voted for four budgets, that’s saying a lot.”

According to the City Charter, someone will have to be appointed to replace Christian and complete her term, which is up for election in two more years, she said,

Christian switched affiliations from Democrat to Republican about 18 months ago, and thinks that could be an issue.

“There will be a problem with it because of the fact that I was a Democrat when I won the last election – and that was my eighth term to be elected,” she said, noting that she served the community for 29 ¾ years.

A check of the City Charter, Chapter 3, Section 3, reads as follows:

“Vacancies in the office of Council member shall be filled by election for the remainder of the unexpired term at the next general election occurring not less than 60 days after the occurrence of the vacancy. Such election to fill a vacancy where it occurs after the last day to file nominating petitions for the primary election shall be filled upon nominations made in the manner provided by law for the filling of vacancies in primary nominations occurring after the primary election.

“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.

"In the event that Council shall fail to appoint within 30 days after the vacancy, such appointment must be made by the Council President. This appointment must be made within 10 days under the same conditions as to political affiliation and residency noted in the paragraph above."

Going by the paragraph in boldface -- but yet to be confirmed by the city attorney, City Republicans would make the appointment since Christian now is a registered Republican.

Christian said that city leaders have scheduled a farewell party for her on Nov. 22 at City Hall Council Board Room. At the conclusion of that event, which runs from 5:15 to 7 p.m., City Council will present her with a proclamation in recognition of her service.

Assistant city manager says permit fee update would ensure fairness, help cover municipality's costs

By Mike Pettinella

Updating the City of Batavia’s building permit fees will even the playing field and produce revenue for the municipality that more accurately reflects the amount of time and effort spent by Inspection Bureau employees on residential and commercial projects.

That’s the view of Assistant City Manager Jill Wiedrick, who proposed a new fee schedule at Monday night’s City Council Conference Meeting at the City Hall Council Board Room.

Wiedrick, asserting that she knows a little bit about construction inspection and code enforcement “to be dangerous,” offered a list of reasons why she thinks the time is right for a revision of permit charges for undertakings such as roofing, fencing, siding and home/business additions.

Working in conjunction with the city’s Bureau of Inspection, Plumbing Board and Bureau of Maintenance, she said the updated fee strategy emphasizes easy calculation (via Energov computer software), fairness, flat fees, signed contracts and penalties for work done without a permit.

Actually, Wiedrick knows more than “a little bit” about the subject as she returned to Batavia in July after serving as the City of Rochester’s manager of zoning. Previously, she worked for the Genesee County Planning Department for seven years and before that worked as a construction inspector.

Charged with evaluating the city’s current state of affairs concerning inspection and permit fees, she said she discovered inefficiencies in the time spent by staff and the way in which fees were determined.

WIEDRICK: PERMITTING IS A PROCESS

“A lot of us think that once those drawings (for the work) are submitted (to the city), that’s the end of the story,” Wiedrick said. “I get my permit and I move on with my life. Unfortunately, that’s not the end of the story. Many times, when our crew gets the permit into the office, it’s reviewed at least twice, maybe three times.”

Wiedrick said in most cases the submitted drawings are missing key information or don’t meet code standards – instances that trigger more work and additional inspections at the location.

“Typically, for residential permits for an addition, the inspection might go out there five times. They’re checking out first what does the soil look like, the forms for the foundation, then see the foundation being poured – they’re out there a number of times,” she said.

Under the current system, city inspectors have to take notes at the site and come back to the office to input the information into a computer. Wiedrick said that with Energov software, this can be done by using a laptop at the property being renovated.

“What it’s (Energov) going to do is provide the opportunity for code enforcement officers to do things in the field live,” she explained. “It’s going to make them 1,000 times more efficient … and the process easier for them and the public. It will advance our inspections department immensely.”

As for the current fee schedule, which hasn’t been updated in at least 15 years, she said it is challenging for the staff and the public to figure out the right permit fees, and often the city receives checks for permit fees in the wrong amount.

LOOKING AT THE KEY COMPONENTS

Key aspects of the permit fee structure as of today include the following:

  • Based on the cost of the project, along with the square footage, with no flat fee permits.
  • Often inaccurate costs of project provided to staff, resulting in incorrect permit fee.
  • Schedule penalizes use of higher end materials for projects.
  • Work without a permit is not penalized.

The proposed new schedule would focus on the following:

  • Can be calculated by Energov and the public.
  • Fair to all.
  • Many permits are proposed to be a flat fee.

“Who doesn’t love flat fee permits?” Wiedrick said. “You know exactly what you’re paying for whatever your project is. A flat fee permit also says you can put in whatever sort of high end products that you’d like to use for that project and not be penalized for that.”

  • Require a signed contract when work is performed by a contractor, ensuring the proper fee is assessed.

“This happens across the board in every municipality,” she said. “Somebody knows they’re doing a $10,000 deck … and they’ll come in and say, I’m only spending $2,500 and we base the permit fee on that $2,500 and everybody knows that the deck is $10,000 deck but we don’t have the ability at this point to say, no, no, no, I know how much that’s going to be. The proposed fee schedule takes that out.”

  • Project not found on the list of flat fee permits, the value is multiplied by 1.25 percent to determine the fee.
  • Work without a permit will result in the permit fee being multiplied by three.

“At this point, if I’m a contractor or a person, I’m going to take my chances, I’m going to gamble,” she said. “I’m going to do my project and if I get cited, I know that I’m just going to pay the permit fee – no big deal. And if I don’t, I keep that permit money.”

CHRISTIAN: IT’S NOT THE RIGHT TIME

Upon completing her presentation, Council member Rose Mary Christian quickly spoke against a change in the fees – mentioning the “economy, inflation, food, utilities and gas.”

“I’m looking at these figures here, for instance, an addition to a piece of property – a commercial one where right now it’s $550 (based on 1,400 square feet, $105,000 project), and it will be $1,260. That’s quite a jump,” Christian said. “With everything that’s going on, I think that this is the wrong time to bring this to us. There’s a lot of people out there that are hurting right now and this is going to hurt them even further … I’m not in favor of this by no means.”

Wiedrick countered by saying that another reason for the proposed changes is to cover the city’s expenses for providing the service.

“One of the things that’s happening right now is when a resident does a project or there’s a commercial project, essentially with the current fee schedule, all of the residents of the City of Batavia are subsidizing those projects,” she said. “So, if I never put up a deck in the entire time I’m living in Batavia, I still – because the fees are not commensurate with the work that has to go into it – am subsidizing other work that’s happening.

“The idea was to raise the fees so we’re ensuring that we’re covering those costs and we’re actually keeping pace with the other municipalities.”

Christian replied, “I don’t care what other municipalities are doing. I care about what’s happening here in Batavia.”

City Manager Rachael Tabelski noted that some of the fees in the new schedule are being reduced for residents while some are increasing for various commercial projects.

TABELSKI: NOT A LAUGHING MATTER

“The majority of the commercial projects that we’re seeing are businesses that are thriving and using grant money funneled through the city and we continue to have so much staff time spent on them,” Tabelski said, later adding that contractors “laugh at our fee schedule – at how low our pricing is … but yet how many hours they take from our Inspection office.”

Christian changed her tune a bit, stating that she “can agree” to the commercial work charges (although she cited a proposed commercial fee change in her initial argument).

“But as far as residents go and people from the city, no, I don’t agree with it,” she added.

Council President Eugene Jankowski Jr. said his takeaway was that an attempt was being made to establish fees that were in line with the cost of the work being performed by Inspection Bureau staff.

“The Inspection office is fully funded by the General fund; it cannot be funded by the water fund or the sewer fund, so it is a direct result of property taxes,” Tabelski said. “We only have those employees … because of property taxes and to try to offset some of that in a small way, especially on commercial type activities … this would be somewhat helpful.”

Council member Robert Bialkowski said that while he didn’t have a problem with the new fee schedule, he did call for educating the public on the need to obtain building permits.

“There’s a lot of work being done on evenings and weekends, and a lot of work that’s not visible from the street … roof replacements and all that – where there’s no permits issued and the people know they need to get a permit,” he said. “There’s contractors that are a little on the shaky side that know they can evade the permits because it won’t be visible from the street.”

CANALE: ‘AN UNFRIENDLY ENVIRONMENT’

Council member John Canale agreed, adding that the perception from commercial contractors and developers is that the “City of Batavia is the hardest one to get along with. (But) I’ve worked with those guys (Inspection Bureau) and I think they’re very easy to get along with.”

“The business world sees us as an unfriendly environment,” he continued. “I hear that all the time. I heard it for years when my father was a councilman. That Batavia is business unfriendly. We’re not. So, if we do a few things proactively, I think we can clean that reputation up a little bit.”

Wiedrick said that inspections is a tough line of work.

“I’m probably one of 10 people in New York that is passionate about inspections because I know how important it is. I’m a big cheerleader for our team because they do a good job,” she said, crediting Code Enforcement Officer Doug Randall for his contribution to the new fee schedule study.

In the end, Jankowski said he looks forward to receiving input from residents and to work on the educational component. The proposal was forwarded to a future Council Business Meeting (possibly Nov. 8) for a possible vote.

Photo: Assistant City Manager Jill Wiedrick, left, speaking to City Council about the proposed permit fee schedule revision. Photo by Mike Pettinella.

Previously: City Council to consider permit fee schedule update

Council congratulates Genesee Symphony Orchestra -- A 'community treasure' celebrating its 75th season

By Mike Pettinella

City Council President Eugene Jankowski Jr. reads a proclamation from the City of Batavia in commemoration of the Genesee Symphony Orchestra's 75th year as Sherry Mosher, left, GSO board member, and Melzie Case, symphony musician, look on at tonight's City Council meeting. Founded as the Batavia Civic Orchestra in 1947, it is one of the oldest civic orchestras in New York State. The proclamation credits the GSO for "enriching the community through high quality performance, educational opportunities, guest artists and partnerships." Photo by Mike Pettinella.

City Council voices displeasure with lack of progress at Ellicott Station as it approves grant to help developer

By Mike Pettinella

Batavia City Council members and city management tonight exhibited varying degrees of trust in the Buffalo development company charged with turning the eyesore on Ellicott Street into the multi-million dollar Downtown Revitalization Initiative project known as Ellicott Station.

Council, during its Conference and Special Business Meetings at the City Hall Council Board Room, had the task of considering two resolutions in connection with the mixed-use endeavor on property that once was the home of Soccio & Della Penna Inc. construction and Santy’s Tire Sales:

  • Whether to take receipt of a $500,000 Restore New Grant that would support Savarino Companies in its demolition, rehabilitation and adaptive re-use of the former National Grid electric building;
  • Whether to approve a resolution requiring the developer to enter into an “undertaking agreement” that would protect the city by transferring all or a portion of the obligations of the grant to Savarino Companies.

Although City Manager Rachael Tabelski emphasized that if Savarino doesn’t perform the work, it won’t get the grant, some Council members were skeptical to the point of believing that the project will never get off the ground.

Rose Mary Christian called the Brownfield Opportunity Area in its current blighted condition as “disgusting and deplorable.”

“I don’t have any faith in this company,” she said, while voting “no” to both measures.

Fellow Council member Robert Bialkowski said he had “great concerns” as he voted yes, while Council President Eugene Jankowski agreed, but feared that squashing the grant proposal could jeopardize the start of demolition.

“It’s my opinion that there’s a lot of small, complicated parts to this project of that magnitude,” he said following the meeting. “You have a large project that’s a brownfield, and on top of it you’re trying to put together all of the funding for it. It’s not an easy task.”

Jankowski admitted that he “got his hopes up” early on when the project was submitted, but understands that outside factors such as working with New York State, COVID and cost overruns likely contributed to the delay.

“At this point, we need to give them the opportunity to start construction in November like they said, and I am going to be optimistic that that’s exactly what’s going to happen.”

During the meeting, Tabelski said that Sam Savarino, company president, told her that the final closing with the New York State Office of Community Renewal, which has jurisdiction over the project, is scheduled for the first week of November.

The Batavian received that same information when talking to Savarino prior to environmental testing that was conducted on the property last week.

“I have no doubt that when they start, they will finish (the project),” she said, noting that Savarino Companies has paid the Batavia Development Corp. for the transaction of creating a Limited Liability Company and paid the city for permit fees and extension fees. “The developer does projects all over the state and he doesn’t want to lose the trust of the OCR.”

Unfortunately, after five and a half years since the announcement of the Ellicott Station residential/commercial/entertainment venture, the same can’t be said for some of those serving on City Council.

For the record, Council did vote 7-1 to pass both resolutions related to the grant.

Also, tonight, the board approved a resolution to accept a $7,500 STOP-DWI grant from Genesee County to combat impaired driving through the utilization of specified high-visibility engagement campaigns.

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