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The Sheriff's Office is looking for the public's help in identifying two people suspected of stealing more than $1,000 in Buffalo Bills merchandise from Dick's Sporting Goods in Batavia.

The theft occurred on Sept. 12.

The suspects reportedly left in a light blue Honda Odyssey with no visible license plates. 

Information, including anonymous tips, can be phoned into the Sheriff's Office at (585) 343-5000 or by contacting Investigator Ryan DeLong at (585) 345-3000 ext. 3572

Although word of a $700,033 award from the Statewide Interoperable Communications Grant program came much later than expected, news that the funds have been released will allow Genesee County to receive reimbursement of expenses connected to a major communications tower project in the Town of Attica.

“The … award was anticipated as part of our 2021 Communications operational budget and our Molasses Hill Public Safety Communications Tower Capital Improvement Project,” said Steven Sharpe, director of Emergency Communications for the Genesee County Sheriff’s Office. “We received the award letter from the State of New York (on Thursday), and we plan to present a resolution to the (Genesee County) Legislature to accept the grant.”

Sharpe, responding via email from The Batavian, said the performance period of the grant began on January 1^st of this year.

In March, prior to the release of the funds, he requested a reallocation of $301,833.67 in unexpended money and unanticipated revenue from the county in the form of a resolution – which eventually was passed – to advance the public safety capital project that included the building of a communications tower on Molasses Hill Road (located just over the Wyoming County line).

Sharpe said the county has “current eligible expenditures that we will seek immediate reimbursement upon approval of the grant contract with the State.”

“The expenditures included tower heating, ventilation and air conditioning repairs; microwave line dehydrator replacements; microwave ​power plant replacements; tower lease payments; tower utilities; public safety radio system maintenance, and costs associated with the new tower.”

The grant was authorized as part of the 2019-20 fiscal year state budget, Sharpe said, and “brings (the county) up to date on existing costs.”

He said he will work with the state to expedite funding for 2022, using the 2020-21 fiscal year SICG – Formula authorization.

The three other GLOW counties received funding from this grant as well, with Livingston getting $612,806; Orleans $526,529 and Wyoming $422,761. All told, the state released $45 million in SICG grants during this cycle.

According to a press release from the state:

This funding will enable local governments to expand their ability to communicate, exchange valuable data, and streamline information to enhance collaboration and assist first responders.

The SICG, which is administered by the Division of Homeland Security and Emergency Services, has awarded $472 million to municipalities over nine rounds since December 2011. The grant is formula based and funded by cellular surcharge revenue.

The program has allowed counties to make vital improvements in the way first responders can communicate between each other and different regions of the state using land mobile radio systems.

Submitted photos: Views of the Molasses Hill Tower.

Previously: Reallocation of funds moves Genesee's public safety communications tower project forward

Early confidence in the COVID-19 vaccine’s effectiveness has kept The Manor House free from any health problems for residents and staff alike, according to the administrator of the upscale assisted living facility at 427 East Main St.

“All of our staff were really confident in the vaccine in the beginning so most of us were already vaccinated,” Kristin Cronk said on Thursday. “We had a very high vaccination rate to start with so fortunately for us it has not affected our staffing.”

All of the building’s 65 residents and all but two of the 50 employees have received the vaccine, she said, “and we’re working on the last two right now.”

“Vaccination-wise we’re doing really well. We’ve never had a COVID case to date in this building,” she added.

Cronk said The Manor House is experiencing the same staffing issues that similar agencies are experiencing, but noted they are not related to the vaccine mandate.

When asked about applying for financial relief from New York State, she said she is looking into that.

“Relief is something that many of the buildings are advocating for, especially because a lot of the employees, us included, had to cover the cost for their testing – when we did have to do testing for so long,” she said. “That’s something that is very important to us but we haven’t gotten very far on that yet.”

Human Resources Director Renee Arieno commended The Manor House team “for keeping our residents safe.”

“We’re really fortunate that we’re not experiencing the hardships that others are with the vaccine mandate,” she said.

A private-pay facility, The Manor House offers 89 studio, one-bedroom and two-bedroom apartments, which are rented on a monthly basis. Employees include licensed practical nurses, aides, receptionists, cooks, housekeepers, servers and security.

Currently, 12 apartments are available, Cronk said.

Renovation of the commercial building at 39-43 Jackson St. in Batavia's Downtown Business Improvement District has begun, with Thompson Builds of Churchville as the general contractor. Supported by a Building Improvement Fund grant through the state Downtown Revitalization Initiative, work includes building out storefront entrances flush to the face of the building, replacing windows, installing exterior down lighting on the face of the elevation, removing existing ridged canopy projections and installing new retractable fabric awnings. 

Photo by Mike Pettinella.

Previously: County planners to consider site plan for renovations at 39-43 Jackson St.

The chief medical officer at Rochester Regional Health today said that due to nursing home admission limitations as many as 80 patients who are ready to be transferred to long-term care facilities or rehabilitation centers are stuck in the system’s hospitals.

“There are, on any given day, in our … hospitals, a combined 60 to 80 patients in this category,” Dr. Rob Mayo said. “So, it is a considerable number.”

RRH is an integrated health care system with nine member hospitals, including United Memorial Medical Center in Batavia.

Mayo (photo at right) took part in a video press conference with Adam Bello, Monroe County executive; Dr. Michael Mendoza, Monroe County commissioner of public health, and Dr. Michael J. Apostolakos, chief medical officer at University of Rochester Medical Center Strong Memorial and Highland Hospitals.

The session focused on the vaccine mandate imposed upon health care workers by Gov. Kathy Hochul and its effect on staffing at hospitals and nursing homes, as well as the situation in schools and delays in receiving care at hospital emergency rooms.

Mayo said RRH is working with the other health systems and community partners to alleviate the hospital-to-nursing-home logjam.

“What we do is continue to care for them, and we continue to look for options,” he said. “We work with our partner home care agencies … but, by and large, it is a challenge to do this.”

All three doctors emphasized that employee vaccination rates at their hospitals are very high – up to 99 percent at RRH and URMC locations – but acknowledged that lower levels at nursing homes are causing significant problems.

“Among nursing home staff not all staff fit into the same categories,” Mendoza offered. “When you look at the positions, the nurse practitioners who work in the nursing homes, the vaccination rate is like among other positions – upwards of 99 percent.

“What we’re seeing among other staff, particularly the nurse aides and CNAs (Certified Nursing Assistants) and so forth, their vaccination rate more appropriately parallels the demographic from which they are representing. So, if many live in the city (of Rochester), their vaccination rate as a population is roughly the same as the vaccination rate that we’re seeing in the city.”

Mendoza called it “an absolute concern … that represents a disparity in care and health access that we’ve been seeing all across this pandemic. It is a very important problem.”

He said nursing homes are limiting the number of admissions from the hospitals in order to “keep appropriate ratios in place.”

“Right now, unfortunately for the rest of the health care system, they’ve decreased their admissions, which is creating a bottleneck, if you will, across the entire system.”

Apostolakos said the nursing home issue has resulted in the inability to transfer 55 patients in the URMC system – almost 10 percent of its inpatient capacity.

“… those patients are still taking up acute care beds in our acute care hospital,” he said. “It is causing a significant percentage of our beds to be taken up and, therefore, making it more difficult to get patients through the emergency room and into our hospital, and to accept transfers into our facility.”

 HIGH PERCENTAGE ARE VACCINATED

Mayo said that as of Monday, more than 99 percent of RRH employees are vaccinated, with less than 1 percent placed on administrative leave because of their unvaccinated status. He also said that a small percentage requested religious or medical exemptions – and those were granted in compliance with New York State regulations.

Those employees who do not qualify for an exemption and refuse to get vaccinated will be terminated sometime in the morning of Oct. 3 (this Sunday), he reported.

“Despite the successes with this vaccination mandate and regulation, we do have understaffed areas,” he said. “Many people are working overtime. We have patients in our hospitals awaiting discharge and we pleased to participate in a community-wide effort to create solutions for hospitals and for nursing homes … so we can all move patients into their appropriate environments as quickly as possible.”

He also said RRH is participating in efforts to managing strains on pediatric practices and the impact of COVID in schools.

Apostolakos said that more than 96 percent of URMC employees have been vaccinated, another 3 percent received religious exemptions and less than 1 percent elected to resign their positions.

“The not so good news,” he said, is the increasing number of COVID cases.

Sixty-nine patients at Strong have COVID, with 15 of those on a ventilator, he said, and another 84 are at other URMC facilities.

“That number continues to increase,” he said, adding that most of those patients are unvaccinated.

He pleaded with the community “to get vaccinated for yourself, for your family, for your community and for our health care workers that have been under stress and strain for the past 18 months.”

Bello said 93.8 percent of workers at Monroe County Hospital are vaccinated, with 61 employees not vaccinated, seven receiving exemptions and one who has resigned.

He said the unvaccinated workers have been placed on unpaid administrative leave for three months, but would be welcomed back if fully vaccinated.

The county executive said employees are working under stressful conditions and that he was disheartened to see people protesting in front of hospitals.

“The patients inside are sick; they’re seeking care. The health care providers are working long hours, under considerable stress. Neither patients nor health care workers deserve the disdain and anger that’s being targeted towards them and where they work,” he said.

MENDOZA: STUDENT ILLNESS INCREASES

Mendoza spoke about situation in schools, noting that they are seeing an unseasonal increase in Respiratory Syncytial Virus or RSV, which causes mild symptoms in school age kids but can be serious for infants, toddlers and older adults.

Also, a growing number of school age children who have contracted COVID-19, he said.

Per state Department of Health guidelines, the only authorized tests are the NAT and PCR tests, he said, and not the rapid antigen tests due to Monroe County’s “high” transmission status.

He said health officials are working with schools to increase testing capabilities, a procedure that is also taking place in Genesee County.

“Do not send your sick children to school. Make sure they are properly masking and follow all of the other safety protocols in place … and if they are eligible, please get them vaccinated,” he said.

EXPECT DELAYS IN THE EMERGENCY ROOM

Both Apostolakos and Mayo said that for the immediate future, delays in the emergency rooms, waiting rooms and even some urgent care centers are inevitable.

The emergency department has a triage process, with priority is given to patients depending upon severity of illness or injury, Apostolakos said, “so the wait could be several hours.”

“We encourage our patients to call their primary care providers to seek health care at urgent care if their illness is less severe,” he advised.

He also said URMC is pausing temporarily some elective surgeries where hospital stays are necessary to ensure there is enough space for patients admitted with COVID and other non-COVID illnesses.

Mayo said RRH emergency rooms and urgent care facilities have been crowded over the last couple weeks.

“It’s disappointing to acknowledge … but waits in our emergency rooms can be long; they can be several hours,” he said.

Many outpatient services have been unaffected, he said, but RRH hospitals are limiting some elective surgeries, primarily at Rochester General Hospital.

Tylur Tyshawn Harper, 27, of Byron Holley Road, Byron, is charged with criminal mischief 3rd and criminal obstruction of breathing. Harper is accused of breaking the rear window of a vehicle and applied pressure to the throat of another person during a disturbance at a location on Swamp Road in Byron at 10:42 p.m., Wednesday.  Harper allegedly fled the scene on foot following a traffic stop by Deputy David Moore and was later located by Sgt. Mathew Clor and Trooper Ruckdaschel and Trooper Serio  on Byron Holley Road with the help of tracking from  Swamp Road by Batavia PD Officer Stephen Quider and K-9 "Batu."  Harper was arraigned in Town of Batavia Court with an order of protection issued.  Harper was released on his own recognizance.

Elizabeth Christine Lambert, 26, of Swamp Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Lambert was stopped at 10:42 p.m., Wednesday, on Swamp Road, by Deputy David Moore.

Wendy Marie Rivera, 56, of Redwood Avenue, Albion, is charged with stalking 4th and harassment 2nd. Rivera is accused of stalking and harassing another person while following that person in a car on Clinton Street Road in Stafford.  Rivera was located and arrested by Deputy Kenneth Quackenbush.

Vaccination rates for United Memorial Medical Center employees are right around the 90 percent mark as hospitals and other facilities around the state contend with Gov. Kathy Hochul’s Sept. 27^th mandate requiring health care workers to get vaccinated or risk losing their jobs.

According to statistics on the New York State COVID-19 vaccine website -- www.covid19vaccine.health.ny.gov, 94 percent of workers at UMMC’s Bank Street campus have been vaccinated compared to 89 percent at UMMC’s North Street campus.

UMMC is part of Rochester Regional Health System, which is showing a 90 percent vaccination rate for all of its employees – a percentage point less than data for Strong Memorial Hospital University of Rochester Medical Center.

(Watch for an update later today).

The percentage of hospital workers vaccinated in the Finger Lakes Region is 90 percent, with Genesee and Orleans counties at 89 and Wyoming County at 90.

These figures are calculated from the number of hospital staff eligible for vaccination and the number completing the recommended series of a given COVID-19 vaccine product (e.g. 2 doses of the 2-dose Pfizer or Moderna vaccine or 1-dose of the 1-dose Johnson & Johnson vaccine), per the state website.

Statistics for nursing homes and assisted living facilities reveal the following for Genesee County (as reported by the individual facilities as of Sept. 27):

Nursing homes:

• Le Roy Village Green – Residents’ complete dose: 92.7 percent; Staff complete dose: 83 percent.
• Premier Genesee – Residents’ complete dose: 90.3 percent; Staff complete dose: 92.4 percent.
• The Grand – Residents’ complete dose: 91.4 percent; Staff complete dose: 90.7 percent.

Assisted living:

• Genesee Adult Home – Residents’ complete dose: 94.5 percent; Staff complete dose: 72.7 percent.
• Le Roy Manor -- Residents’ complete dose: 97.2 percent; Staff compete dose: 92.3 percent.
• The Manor House, Batavia – Residents’ complete dose: 100 percent; Staff compete dose: 93.6 percent.

Calls seeking comment from the administrators at the nursing homes listed above were not returned at the time of the posting of this story. Samantha Vagg is the administrator at Le Roy Village Green, Sharon Zeams is the administrator at Premier Genesee and Timothy Srye is the administrator at The Grand.

All told in Genesee County, skilled nursing facilities vaccination rates as of Sept. 28 were 94 percent for residents and 90 percent for workers and adult care facilities vaccination rates as of Sept. 28 were 97 percent for residents and 87 percent for workers.

REPORT FROM GOV. HOCHUL

On Wednesday, Hochul said that 92 percent of hospital and nursing home workforce have gotten at least one dose of a Covid vaccine, and 89 percent of adult care facilities employees have received at least one dose.

Based on total number of hospital employees in the state, an 8 percent unvaccinated rate equates to more than 41,000 who have not received at least one dose. As a result, the governor’s staff is monitoring the impact of her mandate, with the possibility of bringing in health care workers from out of the state or even from other countries.

The Genesee County Legislature, along with about seven other counties in the region, has sent a letter to the governor asking for her to include a coronavirus testing option for health care workers.

“I fully support the legislature’s position … to ensure that we didn’t have any lapse in service,” County Manager Matt Landers said today. “It’s a common sense, logical approach to the situation at hand. Obviously, we’d like to see as many people vaccinated as possible, but at the end of the day, we can’t jeopardize the care of our sick and our elderly because of the mandate.”

DATA FOR GENERAL PUBLIC

Latest statistics (as of Sept. 29) also show that 56.1 percent of Genesee County residents age 12 and over are fully vaccinated, which is less than the 63.6 percent for all New York state residents.

By zip code (as of Sept. 28), these are the percentages of those fully vaccinated:

• Batavia – 50.4
• East Bethany – 38.8
• Alexander – 44
• Basom – 44.4
• Oakfield – 45.3
• Byron – 48
• Corfu – 49.6
• Darien Center – 51.1
• Pavilion – 53.8
• Bergen – 55.3
• Le Roy – 56.5
• Stafford – 65.5
• Elba – 73.6

In the Finger Lakes Region, the total number of people with at least one vaccine dose has increased over the past week by 7,695 to 760,752, and the total number of people with the complete vaccine series has increased over the past week by 5,590 to 706,944.

BOOSTER SHOT STATUS LOCALLY

Nola Goodrich-Kresse, public health educator, reported that the Genesee Orleans Health Department has set up clinics for those eligible for booster shots, beginning next week.

“Boosters are offered during the regular clinic day with the only difference being registration is required for boosters,” she said.

The booster shot schedule, for those 65 and older who became fully vaccinated with the Pfizer vaccine at least six months ago:

• Oct. 6 from 12:45 to 3:30 p.m., Genesee County Health Department, 3837 West Main Street Rd., Batavia;

• Oct. 7, from 12:45 to 3:30 p.m., Orleans County Health Department, 14016 State Route 31, Suite 101, Albion.

These shots are administered by appointment only.

If not for a flooded basement many years ago, today’s grand opening of Ellicott Place and City View Residences at 45 Ellicott St. likely would have never taken place.

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For a look at the apartments, click on the link at the bottom of this story.

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Speaking to a gathering of about 40 people in front of the entrance to the second-floor apartments above the Save-A-Lot store, Vito Gautieri, founder and chairman of VJ Gautieri Constructors Inc., recalled circumstances that took place not long after the completion of the building in 1968.

“We built this building … owned it with the bank,” Gautieri said. “Montgomery Ward had a 25-year lease when we got done with this. What you see upstairs – the second floor – that was not supposed to be there.”

Then, he pointed to a car parked to the west, in an area toward the front of Batavia Tailors & Cleaners, which his company built and his late brother, Vin, owned for many years.

“That (location of the Montgomery Ward storage and warehouse) was supposed to be in the cellar (of this building). All of a sudden we came back after the weekend (and it was) like a pool – full of water,” he said. “We had pumps going for hours and days, and nothing.”

Gautieri said an engineer was called to inspect the damage.

“He comes over. We had to stop construction. In a week’s time, they had the second floor up,” he continued “That’s why this project … From the day one that I got this project, I knew we were going to do something with that on the second floor.”

After noting that his son, Victor, had thanked all those associated with the completion of one of the City of Batavia’s Downtown Revitalization Initiative ventures, he said, “That without the help from New York State, this would never had been possible.”

Indeed, Victor Gautieri, company president, moments before did thank the people and agencies that contributed to the construction of 10 apartments on the second floor along with the development of first-floor storefronts and building-wide façade improvements. It is a $3.1 million project, supported by $1.15 million in DRI funding.

“VJ Gautieri Constructors with the help of governmental agencies, professionals, contractors, skilled workers and the like have given new life to an aging building,” Victor Gautieri said. “It wasn’t an easy task. We started the project in the middle of a pandemic, which created a lot of obstacles. Supply chain issues and cost increases forced us to re-evaluate nearly every aspect of the project on a daily basis.”

He pointed out that his team “was up to the task – upgrading and modernizing nearly aspect of the property as well as creating 10 well-appointed, elevator-serviced apartments that are filling the downtown Batavia housing need.”

“We currently have eight of those apartments rented and the other two will be rented very shortly.”

Victor Gautieri’s “thank you” list started with his father, “who through his forward thinking many years ago had a vision of the building’s transformation (drawing a round of applause).”

“Next is David Rowley, project manager, through his dedication, expertise and problem-solving that we were able to make it to the finish line,” he said.

He also commended Dan Seeler of Seeler Contracting, Inc., of Holley, and Lenora Page, owner, Flower City Monitor Services, for their efforts, as well as his wife, Julie, and sister, Valerie, for assisting with the interior décor and rental process, respectively; Mark Dean of Dean Architects, and Frank Cipriano of Upstate National Bank.

Victor Gautieri thanked the City of Batavia for “an excellent job” preparing the DRI grant application, to the Genesee County Economic Development Center for providing "much needed: financial assistance, and John Hedlund, owner of Save-A-Lot for his “continued commitment to downtown Batavia,” noting that Hedlund just renewed a long-term lease.

Other speakers included Assemblyman Steven Hawley, Senator Edward Rath, City Council President Eugene Jankowski Jr. and Genesee County Legislature Chair Rochelle Stein. Batavia Development Corp. Director Brett Frank facilitated the proceedings.

Assemblyman Hawley:

“All you have to really do is look around, behind you and to your left and right, and this is downtown Batavia. And we’re here to talk about revitalization – not just for businesses but for great living, affordable apartments that the Gautieris have worked long and hard to see come to fruition.

“Affordable housing is extremely important for businesses to be able to survive and succeed, and today’s open house is going to be a step in the right direction. If you’re looking for clothing or (prescription) drugs or insurance or banks, there are lots of places to choose from. And the folks who live here and other places in downtown Batavia will be the benefactors of living right here in the beautiful City of Batavia.”

Senator Rath:

Noting that eight of the 10 residences are already rented, he said, “That goes to show you that is already a destination right here in the City of Batavia.”

“This is the hub of economic activity and investment that is happening right here in the great City of Batavia. (On a tour of the city with City Manager Rachael Tabelski), he was able “to hear first-hand the vision and the strategy and the approach to bringing the City of Batavia further along in the 21^st Century."

“This is a tremendous investment for this community. This is where you want to have people living and working and spending their time and recreation is right here in the City of Batavia.”

Rath said he serves on the Cities II Committee in the State Senate.

“There used to be just one Cities Committee and you can all guess where all the attention was paid for the Cities Committee in New York State. It was New York City. That’s all they did was prioritize policies and legislation to benefit New York City.

“This year, we brought about the Cities II Committee to focus on and prioritize all of the other cities across New York State. We are going to carry the issues, needs and concerns of all of our upstate cities back to Albany to create policies, procedures and regulations that are city-friendly outside of … New York City.”

City Council President Jankowski:

“It’s no secret that this building needed to be repurposed for many years, and it’s going to have a serious positive economic impact on our community. But not only that, it’s going to create 10 homes for people that can live downtown and enjoy the benefits of living downtown. The fact that eight apartments are already rented so quickly is a sign that we need more of these type of apartments in our community.”

Mentioning that he lives on the city’s southside, he acknowledged Victor Gautieri’s perseverance through the COVID-19 pandemic, and said, “I’m proud to go by everyday and I smile when I see the transformation that took place.”

Legislature Chair Stein:

Thanking the Gautieri family, she drew a round of applause when saying that “family business today is important in Genesee County and we honor you and your work today.”

She also thanked the DRI committee members for their hard work and “the constant conversations that you had to ensure that these projects would make it through and actually get through to completion. Your work is most incredible and you saw the future that is here today.”

“For the rest of us, the City View (Residences) is an absolutely wonderful name because there will be sunrises and there will be sunsets that people have in their homes – and homes that people didn’t have before. They are our workforce. These are the folks that are putting down roots in Batavia and congratulations to all of them.”

Photo at top: Taking part in the ribbon cutting at City View Residences are, from left, Vito Gautieri, David Rowley, Victor Gautieri, Senator Edward Rath, Assemblyman Steven Hawley, Lenora Page and Eugene Jankowski Jr. Photos at bottom: Vito and Victor Gautieri as Rath and Jankowski look on; Rath at the podium. Photos by Mike Pettinella.

Previously: A first look: City View Residences (aka Ellicott Place) on the second floor of Save-A-Lot building

Robert C. Paris, 31, of West Lee Road, Albion, is charged with felony DWI,  moving from lane unsafely, aggravated unlicensed operation, refusal to take a breath test, and leaving the scene of a property damage accident. At 11:40 p.m., Tuesday, deputies were dispatched to a residence on  Downy Road in the Village of Oakfield for a possible domestic dispute. While en route, deputies were notified that a male suspect had fled the incident location in a vehicle and was heading south on South Pearl Street.  A few minutes later, Deputies located a vehicle that had crashed into a utility pole and had come to rest in a field. The driver had left the scene.  After an investigation, deputies Zachary Hoy and David Moore arrested Paris. He was also charged with no or inadequate lights and speed not reasonable and prudent. He reportedly has two prior DWI convictions in the past 10 years. He was arraigned in Town of Batavia Court and issued an appearance ticket.

Erik Robert Motquin, 39, of West Main Street, Batavia, is charged with petit larceny. Motquin is accused of switching price tags on items at Walmart in order to pay less for certain items. He was issued an appearance ticket.

Joshua Edward Wayne Sager, 31, of Washington Avenue, Batavia, is charged with DWI, Aggravated DWI (child passenger), aggravated unlicensed operation, endangering the welfare of a child, and running a red light.  Sager was stopped at 10:22 p.m., Sept. 18, on Veterans Memorial Drive, Batavia, by Deputy Trevor Sherwood.

Update: 9:00 p.m., Sept. 28

Sean Downing, chief of the Oakfield Volunteer Fire Department, left a phone message stating that he is "hopeful that both parties can come and resolve their differences before the November 30th deadline."

"If not, then by written order of the mayor or the board of trustees of the Village of Oakfield, we will not be able to respond into the town, which includes the elementary and the high school -- and that is per consulting with our attorney, Mark Butler."

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Update: 5:50 p.m., Sept. 28

Oakfield Town Supervisor Matt Martin called back to The Batavian, but didn't not want to elaborate other to say that the matter is in the hands of the town's attorney.

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The Village of Oakfield is preparing to take legal action against the Town of Oakfield – as well as threatening to withhold fire protection – if the town does not pay the nearly $80,000 it owes to the village as directed by a longstanding joint municipal agreement for such services.

That’s the message conveyed by Village Mayor David Boyle during an interview on Monday with The Batavian.

Boyle said a letter articulating the village’s position is being included in residents’ water/sewer bills this week.

The mayor said the dispute centers upon the town’s refusal to pay $78,648 owed to the village for the 2020-21 fiscal year ending May 31.

Contending that the town is “holding the village hostage” in hope of renegotiating the shared services arrangement, Boyle said the village board has instructed its attorney to file a lawsuit to recover the 2020-21 payment. He also said the town has yet to pay for the first three months of the 2021-22 fiscal year.

The letter, which also is signed by Deputy Mayor John Igoe and Trustees Michael Cianfrini, Michele Graham and John Mullen, states, in part:

“The Village Board is united in recognizing that the village cannot burden village residents and businesses with providing fire protection to the town without reimbursement. Therefore, the board has directed a letter be sent to the Town stating that effective Nov. 30, 2021, the Village will no longer be able to provide fire protection to the Town with the exception of the Oakfield-Alabama Central School.”

Boyle said the village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street.

“The town buys services (coverage) from us,” he said. “For years and years, we’ve had an agreement with the town about purchasing fire protection from the village. For as long as I remember, there have been contracts in place that basically are the same structure year after year after year.”

The current structure has the village paying 42 percent of the cost and the town paying 58 percent. Boyle said that the town is looking for a 50/50 split.

While that may seem equitable on paper, Boyle said, when broken down by assessed valuation, village residents pay $1.62 per $1,000 of assessed value in taxes while the town residents pay 60 cents per $1,000 of assessed valuation in taxes.

“Our village residents have to work twice as hard to pay their bill, yet the town is saying we don’t find what you’re charging acceptable and we want to move some of that cost over to the village,” Boyle said. “They’ve held back the payment to force us to make an agreement that we don’t believe we can do in the best interest of the village residents and providing a sustainable fire service.”

Per the 2020 census, the Town of Oakfield has 3,145 residents, with 1,812 of those people residing in the village.

Boyle said the fire department budget is around $175,000 including Workers’ Compensation premiums that the town traditionally has paid and liability insurance that the village traditionally has paid. The fire protection agreement is based on $135,600, with the village responsible for $56,952.

He also said this hasn’t been an issue in the past.

“Two years ago, committees got together for budgeting the fire department – looking at the long range plan and controlling costs as much as we could while also being able to sustain it over the years,” he said.

Boyle said both municipalities are required by law to provide fire protection to its businesses and its residences.

“They (the town) knew what their bill was going to be and they’ve gone out and collected tax money for that, but they haven’t signed a contract for the fiscal year that passed, even though they have collected money from the taxpayers,” he advised. “It’s escalated as it has gone on the past 15 months, but what they are saying is that it’s too expensive and they have to drive their costs down.”

He did say that there is no signed contract for 2020-21.

As far as legal action, Boyle said one of the trustees contacted the state Comptroller’s office, and the village board feels good about its chances of winning a lawsuit.

“We feel the town knew what the bill was going to be, they collected taxes on it and we provided a service in good faith. Plus, they never contacted us, saying we shouldn’t be doing that because we don’t have a contract. We’re confident that we would prevail in a lawsuit because of those reasons.”

Boyle mentioned that five fire calls over the past year or so have been structure fires in the town and, as required, the village fire department volunteers responded.

A call this morning seeking comment from Oakfield Fire Chief Sean Downing has yet to be returned.

Oakfield Town Supervisor Matt Martin has yet to respond to email and phone requests for comment.

Meeting minutes from the June 8^th Town Board meeting indicate the agreement with the village is “not a contract, but a service agreement” and that a counteroffer to the village has been proposed:

“For years, but recently the past few months Supervisor Martin and Councilperson (Carol) Glor have been trying to negotiate with the Village a service contract that is equal. Currently, the Town pays 58% of the fire budget. Supervisor Martin requested that the number become a 50/50 split over a three year period, which the Mayor and Village Board refuse to entertain.

At this time the Town has not paid the village for the last village budget year. Supervisor Martin says this is not a contract it is a service agreement and should be treated as such. A proposal to the Village of $63,000.00 per year for three years on a service contract appears to be rejected as there has not been any communication from the Mayor.”

Boyle, after hearing what was communicated, said, “We’ve always been willing to talk with the town, maybe not in their time frame.”

“I got the sense that they’re not paying the contract and using that as hostage money. We want to treat it as two matters: They clear up what they owe us and then we’ll talk about going forward. We provided a service to them in good faith, so we believe that they’re being disingenuous.”

While water and sewer improvements certainly aren’t as intriguing as the construction of a playground designed for children of all levels of ability, they are vital to a municipality's health and well-being.

With that in mind, five of the seven projects that would utilize $1.4 million in American Rescue Plan Act funding -- as recommended by City of Batavia Manager Rachael Tabelski -- have to do with upgrades of water and wastewater systems or purchases of related equipment.

Tabelski, in a presentation at Monday night's City Council Conference Meeting at the City Hall Council Board Room, provided details of the water/wastewater proposals.

She was supported by Stephen Waldvogel, P.E., technical director with GHD Group of Buffalo, the company in line to contract with the city for water system planning assistance, and wastewater system headworks and capacity analysis.

The one “public facing project,” Tabelski said, is spending $800,000 – equally split between ARPA money and anticipated grant funding – on upgrading Austin Park (which is located behind the current City Police Department) to an "inclusive destination playground."

Tabelski said that residents have told her they don’t feel safe in that park, compared to other city parks.

“But if we have a really nice playground and really nice space, hopefully, we’d have really great families visiting there so everyone could feel safe at that park,” she said, adding that the project would include enhancement of the water splash pad there.

“I think this is a good opportunity,” she said. “Most of these other projects are water and sewer line utilities. This would be something, obviously, the public could see and enjoy, not that they don’t enjoy clean water – you just don’t see it every day. It just comes to your house, right?”

CITY GETS $1.4 MILLION IN ARPA FUNDING

As reported first on The Batavian on Saturday, Tabelski put together the list of priority expenditures that qualify under ARPA’s rules and regulations. The city received $1,474,764.79 from the federal stimulus action (and, as reported last night, already has half of that in its bank account). The remainder is scheduled to be allocated after the first of the year.

Tabelski made a convincing case for engineering studies, analysis and upgrades of the city’s aging wastewater treatment plant and assistance as it moves toward the phasing out of its water plant.

Two of the projects on the list call for contracting with GHD Group – one for engineering services for water system planning ($248,000 in ARPA money) and the other for wastewater treatment plant headworks and capacity analysis ($250,000 in ARPA money).

“(The engineering services contract) is something the city needs to start immediately, whether we decided to use ARPA funding or not,” Tabelski said of an anticipated two- to two and a half-year contract with GHD.

The gist of that project is to address and replace lead services lines throughout the city according to new federal regulations, she said, mentioning the additional requirement of an online map to show residents the location of lead lines or suspected lead lines.

Tabelski also said that engineering expertise is needed as the city prepares to close its water plant in conjunction with Genesee County’s plan to provide Monroe County Water Authority water to city residents.

After outlining the scope of services of the water system planning resolution, Tabelski turned it over to Waldvogel, who said he has worked with the city “in the background” for the past 10 or 15 years.

ENGINEER: GENERATIONAL CHANGES IN STORE

“The revised lead and copper rule is probably one of the most substantial changes to the water regulations in a generation,” he said. “It will have a substantial impact on your water department and that’s one of the reasons why Rachel is looking to tackle some of these big things.”

As far as the wastewater treatment plant headworks and capacity analysis is concerned, Tabelski said the city just completed a $1 million project to replace the main air system that goes along the ponds.

She said analysis is needed of the pipes that go into the ponds to bubble and diffuse air to allow the ponds to digest waste efficiently and to “understand what our capacity is today so we’re able to make future decisions.”

Waldvogel added that the air system at the wastewater treatment plant is aging and deteriorated.

“There needs to be, as requested by the EPA (Environmental Protection Agency) and the DEC (Department of Environmental Conservation), a headworks analysis of the facility,” he said. “And what that is, is essentially an analysis to determine the flow and contaminant loading that the plant can properly manage while you still meet your permit.”

He said the plan is to collect data for 12 months – determining the different “loadings” for all four seasons – “and from that you’ll determine how the facility removes a long list of contaminants, and from that you develop your own local permits which you issue to all the local industries that discharge to your system.”

Waldvogel said this will have an effect on the Town of Batavia, which is a minority owner and also discharges to the plant, and positions the city for long-term growth and future investment.

He also indicated that by understanding its capacity, the city would have to renew its wholesale sewer and meter reading agreements with the Town of Batavia “which are predicated on certain flows and certain loadings.”

Three other projects relating to water and sewer are replacement of the Cohocton water transmission line that supplies water to the southwest quadrant of the city ($400,000 in ARPA funds and $400,000 in Water Reserve funds), replacement of an aging sewer camera ($50,000 in ARPA funds and $50,000 in Wastewater Reserve Funds), and replacement of meter reading equipment ($26,764.70 in ARPA funds and $1,718.79 from Water Reserve funds).

AUSTIN PARK: AN OPPORTUNITY ZONE

Tabelski said Austin Park is about 25 years old and that area qualifies as an Opportunity Zone due to 2019 figures that show 12.9 percent poverty and 4.9 percent unemployment.

“This fits into addressing negative economic impacts and public health in a neighborhood,” she said. “We want to continue to provide those outdoor, healthy living, recreation opportunities, but also doing something a little more significant.

“We don’t have anything that is like, ‘Wow, that is a cool playground.”

She called it an inclusive destination playground, one designed for children of all different abilities and for those in wheelchairs, for example.

City Council President Eugene Jankowski Jr. sought to clarify the meaning of “inclusive” – requesting the term “universal access” be included going forward.

He said that Council passed a resolution several years ago that authorizes the board “to think in that realm whenever we designed anything new.”

The other project (using $100,000 in ARPA funds and $440,000 from the Facility Reserve Fund) would make necessary improvements at the city’s Bureau of Maintenance and Fire Department -- the purchase of a new generator to fully run fire headquarters on Evans Street and to make the facility compliant with the Americans with Disabilities Act.

City Council voted to forward all of the recommendations to the Oct. 12 meeting.

DIVIDE NY, OTHER RESOLUTIONS

On another front, Council, at the request of Sixth Ward Council member Rose Mary Christian, briefly discussed a bill in the New York State Assembly that provides for a referendum on the question “Do you support the division of New York into two separate states?”

Christian was looking for Council’s support of this bill, and seeking guidance on the best way to proceed. City Attorney George Van Nest said that it was a state referendum, not a local one, and, if passed, would be placed on a ballot for statewide voting.

The bill calls for a general election -- posing that question to state voters -- to be held on or before Dec. 31, 2022. The bill is sponsored by Assemblyman Stephen Hawley. The Senate version is S7314. Currently, there are no votes for this bill scheduled in state legislative session.

In other action, Council forwarded to the Oct. 12 Business Meeting resolutions:

• Spending $38,800 from the Facility Ice Rink Reserves account for purchase and installation of a new compressor that is part of the ice making equipment at the Batavia Ice Rink on Evans Street. Tabelski said one of the two compressors has failed and to rebuild it would not be cost effective.

• Spending $84,000 from the Water Reserves account as a local match to the $334,000 the city received in a grant from the Northern Border Regional Commission to fully fund the installation of 950 linear feet of 8-inch water main along Bank Street – from Washington Avenue to Main Street. The project will replace 90-plus-year-old pipe, thus increasing water supply and flow in that area, which is designated as the site of the new police headquarters.

Previously: City manager suggests using ARPA funds to build 'inclusive destination playground' at Austin Park

Labeling them ARPA-1 through ARPA-7, City of Batavia Manager Rachel Tabelski has put together a list of priority spending items – including an “inclusive destination playground" at Austin Park – to be funded in whole or in part by the $1.4 million the city received from the American Rescue Plan Act.

In a memo dated Sept. 20 to City Council, Tabelski wrote that she is recommending these expenditures as part of her Batavia Investment 2021 report, which is on the agenda for discussion at Monday night’s Conference Meeting.

The meeting is scheduled for 7 o’clock at City Hall Council Board Room.

Should City Council forward any proposed resolutions on Monday, voting would take place at the board’s next Business Meeting, which is set for 7 p.m. Oct. 12.

The federal government, acknowledging the COVID-19 pandemic’s effect on municipal economies, allocated $19.53 billion from the Coronavirus Local Fiscal Recovery Fund to support non-entitlement units of localities with populations under 50,000, Tabelski wrote.

With that, the city received $1,474,764.79 from the ARPA (getting half this year and half next year).

The money can be used for public health costs, lost public sector revenue, essential worker pay and investment in water, sewer and broadband infrastructure, but comes with restrictions.

Those restrictions, as outlined in Tabelski’s report, include the inability to use the money to lower the tax rate, to offset retirement/pension funds, to pay off current debt, for sidewalks and roads (unless documented proof of being related to COVID-19) and to support current operations in the majority of cases.

Tabelski’s report indicates the recommended projects were derived through multiple means:

• Conversations with department heads and staff, and citizen input;
• Review of capital plans, current needs and current reserve accounts;
• Analyzing the ARPA regulations to create projects that will be most beneficial to the city and/or to advance future ventures, with consideration of social and economic factors;
• Allocating ARPA money to projects that could receive alternate funding, such as matching funds from other sources to increase the total investment;
• Ability of city staff to complete, monitor and report on the projects.

Brief descriptions of the seven projects recommended by Tabelski are as follows:

ARPA-1: Engineering Services for Water System Planning

A resolution to contract with GHD Group of Buffalo to “map, inventory and plan to address lead service lines in the city related to the new Lead and Copper Rule” and “to prepare for the closure of the city water treatment plant in connection to Genesee County’s Phase 3 Water Project that would bring Monroe County Water Authority water to the city.

Cost: $248,000, using all ARPA funds.

ARPA-2: Cohocton Water Transmission Line

Replacement of 3,700 linear feet of a 12-inch water transmission line that supplies water to the southwest quadrant of the city – with the connection being made to the existing 12-inch main near the intersection of Industrial Boulevard and Treadeasy Avenue, and continuing to the existing 12-inch main near Walnut Street. The main has incurred 11 breaks in the past 30 years.

Cost: $800,000, equally split between ARPA and reserve funds.

ARPA-3: Inclusive Destination Playground at Austin Park

Located in the city’s Opportunity Zone, Tabelski writes that now is the opportunity to upgrade Austin Park (see photo above), believing that the expenditure will benefit local families, attract visitors from outside the city, assist in public safety in the park and surrounding areas through appropriate environmental design.

Recreation websites describe inclusive playgrounds as activity areas that remove barriers to exclusion, both physical and social, providing a “sensory rich” experience for all. They are designed to be a safe place where children of all abilities can play together, and are developmentally appropriate for children with and without disabilities.

Cost: $800,000, using $400,000 in ARPA funds and seeking grants to double the investment.

ARPA-4: Modify Facility Capital Plan Project

“Critical” improvements are necessary at the city’s Bureau of Maintenance and Fire Department, Tabelski writes, recommending the purchase of a new generator to run fire headquarters on Evans Street and spending to make access into the facility compliant with the Americans with Disabilities Act.

Cost: $540,000, using $100,000 in ARPA funds, with the remainder committed to the project in the Facility Reserve Fund.

ARPA-5: Wastewater Treatment Plant Headworks Analysis

Tabelski is seeking another contract with GHD Group (via a resolution) for engineering services to solve problems being caused by an aging aeration and blower system. The last headworks study took place in 1983, and since them the WWTP’s aeration system had deteriorated due to leaks in the main header. “While this problem has been remediated, it highlighted the need to complete a more thorough analysis …,” she wrote.

Cost: $250,000, using all ARPA funds.

ARPA-6: Replace Aging Sewer Camera

Scheduled to be replaced next year, the city’s sewer main line camera – purchased in 2012 -- is at the end of its useful life and has malfunctioned on several occasions, resulting in repair costs. Tabelski recommends buying an Envirosight Rover X camera from Joe Johnson Equipment of Rochester, which can be bought at a discount through a cooperative purchase program.

Cost: $100,000, equally split between ARPA funds and wastewater reserve funds.

ARPA-7: Replace Aging Water Meter Readers

As in the case of the sewer camera, the city’s meter reading equipment is about 10 years old and need of replacement. The recommendation is a resolution to purchase new handheld and data recorders from Ti-Sales, Inc., of Sudbury, Mass., along with utilizing a cloud-based data storage system.

Cost: $26,765, using $26,764.70 of ARPA funds and $1,718.79 from water reserves.

When talking to the ladies who direct activities at the All Babies Cherished Family Assistance Center, it quickly becomes clear that the nonprofit, pro-life agency could easily be called “All People Cherished.”

“We advocate for people,” said Program Coordinator Mona Doyon, during an interview with The Batavian at the ABC home at 445 Ellicott St. “We give them the resources they need and help them to realize that they can keep their child. A lot of them come here really scared and overwhelmed, and then they realize that they can do it.

“They make a choice for life and we do our best to work with other agencies in the county to get them the help that they need. Sometimes it involves healing with other members of their family, and getting some family support going.”

In existence in Batavia for 25 years, ABC is a Christian organization and, moreover, a ministry that focuses on assisting women and their families with “life choices” from pregnancy to birth and beyond, Executive Director Sue Sherman said.

ABC staff and volunteers also have been involved in the process of adoption, she said, primarily working with Bethany House in Rochester.

The agency receives a small amount of funding from the United Way, but overwhelmingly is supported through donations, church sponsorships and its fundraising efforts.

Currently, Sherman and Doyon are working with volunteer Lucille DiSanto on ABC’s major fundraiser – its Fall Vendor Festival on Saturday, Oct. 23 at the City Centre Mall concourse. Nearly 80 vendors have signed up thus far to participate in the agency’s 25^th anniversary celebration.

‘A CHRIST-CENTERED NO JUDGMENT ZONE’

Calling ABC “a Christ-centered no judgment zone,” Sherman said their main focus is to conduct a wide variety of parenting classes for moms, dads, grandparents and, in some cases, extended family members.

Those who take the classes – they’re held on the second floor of the facility – receive credits that enable them to receive free necessities for their babies, toddlers and young children.

Class topics include information about pregnancy, caring for newborns, post-partum symptoms, how to make out a budget, how to save and successful parenting techniques. Regular Bible study classes are offered as well.

“Usually, our program has been set up to benefit parents with children 3 and under,” explained Sherman, who has been executive director for five years. “We’ve expanded that – we’ve got older children, 4, 5, 6 years old. We can help you with clothing or items that you need.

“Additionally, we help parents that come in here with troubled teens, and that presents different issues. They don’t receive material goods, but they come to us because they need help.”

Sherman said some women are mandated to come to ABC through the Probation Department or Child Protective Services or Department of Social Services, and are required to take parenting classes.

Thus far, more than 540 classes have been conducted over the past 12 months, Doyon said.

Assistance also is provided when ABC gets a call from the hospital requesting help for women who have just given birth.

“And many times, we get involved to help mothers get their children back,” Doyon advised. “They may have a child or a couple children at age 2 or 3, and now we’re helping them to get their children back due to their mother’s addiction, for example.”

In any event and in all situations, Doyon emphasized that “whoever comes through our door, we’re going to help them.”

‘WE WANT THEM TO FEEL THE DIFFERENCE’

“We want them to feel the difference. When they come through the door … we want them to feel the Lord’s presence and we want them to feel loved and respected, and feel that compassion.”

Sherman said all races and religions are welcome.

“We’re here to help you and encourage you. We are not here to judge you. Often we hear from the girls that this is the only place they’ve heard anything encouraging in their entire lives,” she said.

She also pointed out that many clients have not graduated from high school, are in recovery from substance use or were victims of domestic violence. She indicated that about a third of their clients at any given time are homeless – or “couch hopping -- not knowing where they’re going to lay their head tomorrow.”

“And some of them are in every category,” she said.

Toward that end, Sherman said she is pleased to report that ABC just closed on a house that will be used as temporary living quarters for the homeless women being served.

“I have spoken to our donor base for years, letting them know that we need housing,” she said. “We had a donor give us a house nearby, and we just closed earlier this month. No programming is in place yet, but sometime next year, we’ll be able to have half of that house for up to three women – with their child or children.”

SPECIAL EVENTS SET FOR NEXT MONTH

DiSanto, who is coordinating the Fall Vendor Festival on Oct. 23 at the downtown mall, said it is shaping up to be a huge event.

“We now have 76 vendors -- artists, artisans, crafters, quilters, direct sales, woodworkers and more, as well as games for children and a visit from Santa Claus,” she said.

Sandy Chappius, owner of Chap’s Diner in Elba, will be catering the festival, which is scheduled for 10 a.m. until 3 p.m. The public is invited at no charge.

The agency will be hosting a free online fundraiser at 7 p.m. Oct. 28, also commemorating its 25^th year.

Le Roy resident Alexandra Andrews will tell her story as an abortion survivor.

A wife and mother of three, she said her testimony centers upon the ways God revealed His plan for her life, bringing her out of an orphanage in Russia to share a message of mercy, healing and forgiveness.

A registered nurse, Andrews is an active member at her church and serves on the ABC board of directors.

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

Doyon and Sherman are the only full-time employees at ABC. They are assisted by a five-hour-per-week bookkeeper and about a half-dozen volunteers who organize donations, help with fundraising and provide other support.

They said they would welcome an experienced grant writer willing to provide volunteer assistance. Agency oversight is provided by a volunteer board of directors.

ABC is open from 10 a.m. to 1 p.m. Monday through Wednesday and from 6 to 8 p.m. on Thursday.

For more information about programming or the special fundraising events, call 344-5660, go to www.allbabiescherished.com or www.facebook.com/AllBabiesCherishedPregnancyCenter/

Photo at top: Executive Director Sue Sherman, left; Program Coordinator Mona Doyon and Fall Festival Coordinator Lucille DiSanto. Photo at bottom: Mural on a wall at the ABC office at 445 Ellicott St. Photos by Mike Pettinella.

Melvin Huntley

Melvin A. Huntley, 40, of Wilkinson Road, Batavia, is charged with rape 1st, sex abuse 1st, and predatory sexual assault with two or more victims. Huntley, accused previously of being a child sex predator and later charged with additional felonies, has been charged again as the result of further investigation by detectives Howard Carlson and Kevin Forsyth. An additional alleged victim was identified.  There are no known additional victims.  There are allegedly four victims total. Huntley is accused of multiple incidents of sexual assault over a seven-year period.  He remains in the Genesee County Jail being held without bail.

Brian Michael Raphael, 33, of East Main Street, Batavia, is charged with criminal possession of a controlled substance 7th and conspiracy 6th. Raphael was allegedly found in possession of cocaine following a traffic stop in the Town of Bergen at 11:15 p.m., June 7, by Deputy David Moore.  He was issued an appearance ticket and is scheduled to return to court Oct. 13.

Press release:

Mike Rapone, longtime Basketball Coach at Notre Dame HS, has informed the school that the upcoming 2021-2022 season will be his final one at the helm of one of Section V’s most successful boys basketball programs.

His final season will be his 42nd Varsity season and 45th season coaching basketball at ND.

On March 3rd, 2010, he surpassed legendary coach Ed Nietopski’ s 545 career wins to become Section V’s All-Time winningest coach. Coach Rapone has a Varsity record of 708-208 (Winning percentage 77.3) while his JV record of 47-7 includes consecutive unbeaten seasons in 1979 & 1980.  Rapone coached teams won State Titles in 1992 & 2001, five regional titles, nine Section V titles (tied for the most all-time of any Section V coach), and 33 Genesee Region Division Championships.

He was inducted into the Section V Boys Basketball Hall of Fame in 2016 and Notre Dame HS Hall of Fame in 1996.

Winning the 2001 State Championship team provided one of the special memories of his distinguished coaching career as the roster included 11 players (of 13) that were sons of Coach Rapone’s Notre Dame High School classmate, his childhood friends or neighbors from LeRoy and included his son Mikey, his nephew and assistant coach Dave Pero’s son Jeff.

In the past 15 seasons, Coach Rapone feels blessed to have had the opportunity to work closely with his son Mikey watching him learn how to coach as he worked his way up from program assistant to JV Head coach to his current position as Varsity Associate Head Coach.  This experience and time together with his son have made coaching at Notre Dame even more fulfilling.

When asked about why now to retire, Coach Rapone commented. “I always said I would know when it was time to move on from the job that I love. Being a basketball coach here has been a big part of my life but it is time. Coaching at Notre Dame provided me with the opportunity to help young men learn how to compete and work as a team while personally growing and maturing as individuals. I take great pride in the adults my players have become.  Even though I will miss coaching, the time spent together with the team, and the thrill of competition, it is time for me to move on.”

The school will name Coach Rapone’s successor before the start of the upcoming season to ensure continuity and a smooth transition in the spring. Resumes can be submitted until Oct. 3 to michael.rapone@ndhsbatavia.com or wade.bianco@ndhsbatavia.com

Photo: File photo

Western Regional Off-Track Betting Corp. and the Town of Batavia have come to an agreement concerning enhanced aesthetics and maintenance on and around Batavia Downs Gaming & Hotel on Park Road.

WROTB President Henry Wojtaszek and Town Supervisor Gregory Post both reported that a productive discussion took place Wednesday as both entities prepare for the start of the Park Road Improvement Project later this fall.

Reconstruction of the street -- from Lewiston Road to Oak Street – is a $4.3 million project, with the bulk of the cost covered by federal and state aid.

Negotiations have been taking place in recent weeks over contracts covering WROTB’s financial contribution for requesting additional trees and lighting and details of the town’s cost for having Batavia Downs’ employees to maintain trees, street lights and sidewalks and for snowplowing once the project is complete.

“We met with the town yesterday and we’re good to go,” Wojtaszek said. “We just had to work out some details of the agreement.”

Post concurred, stating that an attorney review of the language in the agreement has been completed.

“It really wasn’t about the money, it was more about getting the proper wording,” he said. “We look forward to continuing our strong partnership with Batavia Downs.”

Last week, the Batavia Town Board tabled a resolution that set WROTB’s payment for aesthetics at $486,870, with Post indicating that they were close to finalizing the contract. He and Wojtaszek today said that they have agreed on that figure.

In other developments from today’s WROTB directors’ meeting:

• The board received an update on the armed robbery that took place on Aug. 28 at the Wehrle Drive OTB parlor. According to Amherst Police, a male suspect entered the building, fired a gun shot and fled on foot with an unknown amount of cash. WROTB employees installed a full security door afterwards.

• Batavia Downs’ revenue in August resulted in a distribution of $73,637 to the corporation’s municipalities.

E-Z bet handle this year, through August, is up $2.3 million compared to 2020 and up $765,000 compared to 2019.

Batavia Bets’ handle in August was $1.8 million, down $337,000 compared to August 2020, and was $966,000 through Sept. 19, down $376,000 compared to September 2020. For the year, handle is $13 million, an increase of almost $1.6 million from 2020.

• The board approved contracts with two Batavia-based companies: a one-year agreement with Applied Business Systems in the amount of $82,434 for marketing mailers and a pact through the end of the year for $22,500 with Extreme Streetwear for Buffalo Mafia apparel to be sold at Batavia Downs Gaming’s Lucky Treasures store.

Daniel Joseph Davis, 55, of Hollymount Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater, reckless endangerment, improper passing, failure to obey traffic control devices, failure to obey police officer, speed not reasonable and prudent for conditions, and moving from lane unsafely. It's alleged that Davis tried to avoid a traffic safety checkpoint by leaving his lane of travel and proceeding into the oncoming traffic lane nearly striking law enforcement officers and then fleeing the checkpoint before being stopped by a patrol vehicle a short distance from the checkpoint on  Clinton Street Road, Stafford. Davis was arraigned in Town of Stafford Court and released on his own recognizance.

Katie Lee Winnie, 27, of Martin Road, Akron, is charged with driving while impaired by drugs and criminal possession of a controlled substance 7th. Winnie was located at 3:06 a.m., July 8, on South Lake Road, Bergen, by Deputy David Moore, after the Sheriff's Office received a complaint of a woman slumped over the wheel of a vehicle parked at a convenience store.  Winnie was arrested this week after the office received the results of a lab test.  She was released on an appearance ticket.

 

Arnold E. Herdendorf, 69, of Lockport, and Christopher M. Rowell, 70, also of Lockport,  were killed in Pembroke yesterday, according to the Sheriff's Office, when Hendendorf, driving a 2009 Chevrolet sedan, failed to stop for a stop sign at Indian Falls Road and Route 77 and collided with a northbound tractor-trailer.

Both men were pronounced dead at the scene.

The accident was reported at 1:47 p.m.

Driving the 2015 Volvo was Kebir S. Inalla, 30, of Metairie, La.  His passenger was Ahmed A. Jaber, 38.  Neither were injured in the accident.

The investigation is being conducted by the Sheriff's  Office Crash Management Team with assistance from the NYSP Commercial Vehicle Unit.  

Assisting at the scene were Pembroke, Indian Falls, Alabama, and  East Pembroke volunteer fire departments, Mercy EMS, Emergency Management, and National Grid.

Previously: A motor vehicle with possible serious injuries reported on Route 77

The president and chief executive officer of Western Regional Off-Track Betting Corp. this morning said that stronger policies and procedures have been put into place in light of audits by the New York State Comptroller’s Office that revealed the public benefit company failed in its oversight of perks distributed and in prompt reimbursement for personal use of an official vehicle.

The audit findings were released today by State Comptroller Thomas P. DiNapoli, who said WROT “needs to clean up its operations.”

“Revenues from the OTB are supposed to go to participating municipalities, not to give board members and employees generous perks and other benefits,” he stated in the report. “The board said they are acting on our recommendations and I urge them to continue to tighten oversight and eliminate questionable spending.”

WROTB President and CEO Henry Wojtaszek, speaking after the organization’s board meeting today, said new controls and record keeping policies have been made.

“We have issued a policy that is a very good policy,” he said. “We welcome the Comptroller’s input and we will continue to improve upon our protocols.”

Wojtaszek said the WROTB board has provided an answer to the Comptroller’s Office, which is included in the audit report.

According to the first audit, WROTB (the parent company of Batavia Downs Gaming & Hotel) spent at least $121,000 on tickets to sporting events, concerts, food and alcohol for board members, employees and other individuals without the oversight required by state rules. A second audit released found that Wojtaszek did not reimburse the organization for his personal use of an official vehicle in a timely manner.

DiNapoli reported that both audits “found lax oversight of operations by the board of directors, a troubling tone at the top of the organization for establishing and following the rules, and poor documentation.”

He also urged WROTB to seek reimbursement for tickets and other expenses that were distributed improperly.

The first audit examined the corporation’s marketing and promotional operations from September 2017 through December 2019 which featured giving free tickets to Buffalo Bills, Buffalo Sabres and Rochester Americans games and to area concerts.

While this is permitted by the state Gaming Commission, this practice also requires WROTB to “submit an annual marketing plan identifying who may receive promotions and keep information on who received the complimentary items.”

The audit states that the corporation’s board approved almost $1.3 million on leases for suites at sporting venues, concert tickets and food and beverages, but failed to keep accurate records of at least $121,000 worth of these perks given to board members, employees and others.

Specific mention was made of a hockey game on Nov. 23, 2018 when the board chairman (Richard Bianchi) received six tickets and the vice president of operations (Scott Kiedrowski) received nine tickets, and another hockey game on Dec. 29, 2018, when the board chairman received four tickets, and five tickets were given to another board member and five other tickets were recorded as given to “host.”

As a result, auditors recommended that WROTB do the following:

• Develop and adopt a written policy and procedures for the distribution of tickets and who is eligible to get them.
• Seek reimbursement for tickets and food and beverages if not appropriately given.
• Define in the marketing plan what groups or categories of complimentary items, including tickets, will be given out as required by state regulations.
• Develop a system to maintain a complete, detailed, and accurate record of tickets distributed.

The second audit, covering a period of four years to April 2020, found that Wojtaszek did not track his personal use of his official vehicle and keep mileage logs, as all employees were required to do. He also did not pay the annual fee of $260 paid by other employees.

He later reimbursed the OTB $3,484 after an internal auditor found that he was not following the OTB’s policy.

Key recommendations in this case are as follows:

• Ensure all employees who are assigned take-home vehicles complete and file accurate weekly mileage logs.
• Require employees to reimburse the OTB for personal use in a timely manner.

In response to the audits, Bianchi wrote two letters to the Comptroller’s Office, outlining plans of action.

Summarizing, he wrote that the WROTB board has implemented a new procedure to provide for better tracking of “charitable tickets,” with continued updates “in respect to ticket distribution” for the board’s review and adoption, and will conduct a review of the prior ticket distribution to see if any tickets were given “to a non-eligible person,” and, if so, will seek reimbursement.

Also, the annual marketing plan will be expanded to specify “groups and categories of eligible complimentary items, including tickets, and the basis for such distribution,” with all tickets to be logged into a “dual recording system to ensure accuracy and proper distribution.”

As far as reporting of the use of personal vehicles, Bianchi wrote that the board is reviewing its motor vehicle use policy to “include the elimination of take-home vehicles for assigned WROTB employees” but, in the meantime, “a procedure has been established to ensure that a supervisor or officer is assigned the responsibility to review the vehicle logs monthly to determine and collect any reimbursement from the assigned employee for personal use of the vehicle.”

He also reported to the Comptroller’s Office that Wojtaszek, in April 2019, reimbursed the company $3,484 for personal use of an assigned vehicle for the period of July 2016 through April 2019 and, after further review by an internal auditor, another $528 last month for vehicle use from June 2016 through January 2017.

Genesee County Sheriff William Sheron Jr. was a man of few words on Wednesday afternoon as he accepted a proclamation from the Genesee County Legislature designating the week of Sept. 19-25, 2021 as Sheriffs’ Week in Genesee County.

Those words were well placed, however, as the county’s top law enforcement official gave all the credit to his staff who are on the front lines each and every day.

“I consider it a privilege to serve as sheriff in Genesee County and to be associated with such tremendous people before me (acknowledging Maha, the former sheriff, and Legislator Gordon Dibble, retired chief deputy),” Sheron said.

“I take this on behalf of all the men and women of the Sheriff’s Office. They’re the ones that are out there daily, providing service to the public, and they do it in such a professional manner.”

Maha, chair of the Public Service Committee, read the proclamation, which recognizes the Sheriff’s Office as “an integral part of the criminal justice system in New York State and in Genesee County since its inception in 1777, and establishment as one of the original constitutional offices of Genesee County in 1802.”

The proclamation states that the “Office of Sheriff has evolved into a modern, professionally accredited, full-service law enforcement and public safety agency, manned by fully trained police and peace officers, as well as civilians, using state-of-the-art technology and applying the latest and most-advanced theories and practices in the criminal justice field.”

Photo by Mike Pettinella.