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Robotic Surgical Assistant helps 'motivated' UMMC patient, Bills fan get back in the game

By Mike Pettinella

The Buffalo Bills, based on two playoff victories last season and a franchise quarterback in Josh Allen, are on the short list of teams favored to make it to Super Bowl LVI. Expectations are high as the franchise has clawed its way back to being one of the National Football League’s elite teams.

One of their longtime fans, Robert “Bob” Neeley of Warsaw – motivated to a large degree by his passion for the team – is fighting his way back from two total knee replacement surgeries that utilized Robotic Surgical Assistant technology at United Memorial Medical Center.

Neeley, a 30-year employee of the Wyoming County village’s Department of Public Works, already has exceeded the expectations of his surgeon and physical therapists as he has received clearance to attend the Bills’ season opener this Sunday.

The Bills kick off their schedule with a 1 p.m. contest against the Pittsburgh Steelers at Highmark Stadium in Orchard Park.

“That’s been my big goal – to go to the Bills’ game this coming Sunday,” Neeley, a season ticket-holder since 2001, said during a Zoom call this afternoon with his surgeon, Dr. Nicholas Loffredo, chief of Orthopaedics at United Memorial Medical Center in Batavia.

“I’m glad that I got both knees done and that I can actually do it. It’s going to be exciting with all the fans and that I’m going to be there. It’s going to be great because my cousins have been looking forward to me going, too.”

Neeley, a 1982 Warsaw Central graduate, has been a Bills’ fan since the mid-1980’s – “I cheered for them at Ralph Wilson Stadium (as it was called then) and cried during the Super Bowls,” he said.

He said that prior to COVID-19 that he and his three cousins went to all the games since purchasing season tickets 20 years ago.  That tradition seemed to be in jeopardy this year due to the condition of Neeley’s knees.

“I had a tremendous amount of pain in both knees … and have been off work since November 2020,” Neeley said. “I got out of the dump truck and it twisted and swelled up. There was no way that I could keep working.”

He said that the pandemic and other factors resulted in surgery being cancelled three times. The plan was to have the left knee done after the first of the year (2020) but when Neeley’s wife, Susan, was stricken with cancer, it was postponed.

Susan, Neeley’s wife of almost 32 years, passed away in April 2020, leaving a heartbroken husband and daughter.

Neeley had the left knee replaced by Dr. Matthew Landfried in early March and had the right knee replaced on Aug. 2 – just five weeks ago – by Dr. Loffredo.

Since then, Neeley has been working extra hard to reach his goals of attending the game and returning to work.

“I feel that my wife is pushing me to do it; to keep going,” he said, fighting back the tears.

“I’ve been doing everything they say and the therapist has been making me work, and I’m doing what I am supposed to at home on my exercises,” he said. “(I) go to therapy twice a week and everything is going really good.”

Dr. Loffredo called Neeley an “ideal patient,” adding, “You give him an objective, and he’s going to get there.”

“You couldn’t ask for a better patient to work on because he’s very motivated … That’s what it is after a knee replacement … it’s doing the exercises and then you get an excellent result.”

The doctor explained that the use of robotics leads to consistent outcomes in terms of balancing the knee.

“The added benefits of the robot is that you get some numbers, whereas before it was more of a feel or an art to what we call soft tissue balancing,” he said. “So, during surgery … (with a) traditional knee replacement, it’s the surgeon feeling how is this knee balanced, side to side. You know it bends, like a hinge, but side to side how is the soft tissue balance?”

Dr. Loffredo said the robot provides data while the surgeon is “gapping” the knee.

“As opposed to with the robot, you literally get feedback while you’re gapping it – you’re two millimeters gapped on the inner, you’re one millimeter gapped on the outer side. So, we’ll make these cuts just so. We’ll release ligaments slightly to gap balance it. It gives you numbers whereas before it was more of a feel or an art. Now, you can quantify it and it makes it more reproducible.

“There’s good evidence that shows patients have a more reproducible result and there’s less revisions and basically better patient satisfaction and hopefully a fast recovery.”

Dr. Loffredo said he’s glad that UMMC is able to offer “that cutting edge service.”

“I believe that the robot is an additional tool to use in the OR (operating room) that in my hands helps to create a reproducible joint replacement, where we’re having a straight knee and a balanced knee each and every time,” he said.

Neeley said he couldn’t be happier in how things are turning out for him, and hopes the Bills can equal or better their performance of last season.

“I don’t know if they will beat out what they did last year; they did so well,” he said. “It’s going to be real tough … but they’ve got a good defense.”

And, the offense is led by a Pro Bowl signal caller.

Photo at top: Warsaw resident Bob Neeley giving his all in physical therapy to bounce back from two knee replacement surgeries. Photo at bottom: Neeley and Dr. Nicholas Loffredo. Photos submitted by United Memorial Medical Center.

Genesee County planners to review site plans for pizzeria, restaurant/bistro/ice cream shop in the Village of Corfu

By Mike Pettinella

It looks as though the Village of Corfu will be the home of two more eating places before the end of the year.

The agenda of Thursday night’s Genesee County Planning Board meeting includes site plan reviews for a pizzeria at 12 East Main St. and a restaurant/bistro/ice cream shop at 47-49 West Main St.

The meeting is scheduled for 7 o’clock at County Building 2, 3837 West Main St. Rd.

According to documents submitted to Planning Director Felipe Oltramari:

  • Corfu Mayor Tom Sargent and Darien Town Council Member David Krzemien are teaming up to operate Home Slice 33 Pizzeria in an existing building in the village’s Commercial district.

It will be housed on the first floor, providing enough space for 18 to 20 customers and also will offer takeout and delivery. Menu offerings include pizza, wings, subs and fryer foods.

After about $15,000 in remodeling, the business will employ seven to 10 people.

Planning department recommendation, approval with the modification that any signage complies with the Village's zoning regulations. With this required modification, the proposed restaurant should pose no significant county-wide or inter-community impact.

  • Akron resident Randy Hesior is looking to open Randy Joe’s Bistro by converting an empty building on a 7.2-acre parcel in the Neighborhood Business district into a “warm, welcoming bistro that will serve a variety of foods” – including ice cream.

He, too, after putting in about $15,000 in improvements, will employ eight to 16 people while operating the restaurant, which also will be able to cater small events and host company parties.

Planning department recommendation, approval with the modifications that the applicant obtains a driveway permit from NYS DOT for the change of use prior to approval by the Village Planning Board; installs on-site lighting so as to not shine directly onto neighboring properties or cause a hazard for motorists, and erects signage that complies with the village's zoning regulations.

Darien Mandates SUP for Airbnb Homes

Also, on the agenda are special use permit requests from three existing Airbnb bed and breakfast/tourist residences that have been in operation for quite some time in the Town of Darien.

The homes are Eliza Brooke Farmstead at 2407 Broadway Rd., Happy Harry’s Country Home at 11095 Warner Rd. and Fix Family Country Oasis at 938 Sumner Rd.

Town of Darien Zoning Law requires a special use permit for all short term rentals defined as bed and breakfast/tourist homes (also known as Airbnb or VRBO rentals or listed privately): a one-family dwelling (not necessarily owner-occupied) in which overnight accommodation is provided for not more than eight transient people for profit and may include serving breakfast.

Upon issuance of the SUP, the town’s code enforcement officer will conduct a fire inspection initially and at three year intervals, with an operating permit to be issued upon each fire inspection.

Genesee County Mental Health extends invitation for residents to join suicide prevention forum

By Mike Pettinella

Genesee County Mental Health, in observance of Suicide Prevention Awareness Month in September, is inviting community members and healthcare providers to participate in a Rural Listening Tour on Sept. 30 and Oct. 1 to learn more about the rural environment factors that may contribute to mental health concerns and the increased risk of suicide.

Coordinated by the University of Albany’s School of Public Health,    the listening tours will consist of two 90-minute forums in four rural New York counties. One forum will include community members at-large (Sept. 30) and the other will consist of community providers/stakeholders (Oct. 1).

“Each county setting has its own unique aspects and cultural norms that can influence people’s mental wellness,” said Lynda Battaglia, Genesee’s director of Mental Health & Community Services. “We expect that our participation in these Listening Tour forums will generate valuable information that will enable us to better serve our residents.”

Battaglia advised that the purpose of the program is to gain insight on the following questions:

  • What are the main factors that contribute to increased risk of suicide in rural New York? What factors contribute to positive mental health and wellbeing?
  • How do community members seek help for behavioral health concerns, and what factors influence these help-seeking preferences?
  • How can rural communities – individually and as a whole – improve availability, awareness, access, and utilization of mental health services and resources?

At the conclusion of the project, each county will receive a presentation (in-person or virtual) and written summary of the results and recommendations coming out of their forums, Battaglia said.

Furthermore, information gained across all eight forums conducted in the four counties will also be aggregated to develop an overall set of recommendations to present to the Rural Suicide Prevention Workgroup and to the New York State Suicide Prevention Council.

“Ultimately, the listening tour protocol will be refined and disseminated statewide so that all counties will have the tools to conduct their own forums in the future,” she added.

The forums, which will be confidential in a Virtual private group setting, are scheduled as follows:

Sept. 30, 4:30 p.m., for Genesee County residents (no other requirements are necessary).

Oct. 1, 1 p.m., for community providers/stakeholders (requirements are that participants must be service providers/stakeholders who provide services to Genesee County. This could include school personal, law enforcement, emergency management services, religious establishments, etc.).

Those interested in participating are asked to contact Brenda Reeves at 585-344-1421, ext. 6681, or at brenda.reeves@co.genesee.ny.us. The deadline to respond is Sept. 27. A Zoom link will be provided upon registration.

Law and Order: 61-year-old Batavia man accused of burglary

By Howard B. Owens

Michael Robbins, 61, of Batavia, is charged with burglary 3rd and grand larceny 4th. Robbins is accused of entering a building and stealing various items in the early morning of Aug. 1.  He was arraigned in City Court and ordered held in jail.

Ray S. Saile, 19, of Judge Road, Alabama, is charged with criminal contempt 2nd. While on duty at Labor Daze, deputies were asked to assist the Oakfield Fire Department with an incident involving Saile and his girlfriend. Saile allegedly violated an order of protection by being with his girlfriend.  He was arrested and released on an appearance ticket.

Steven Stuart Johnson, 57, of South Lake Avenue, Bergen, is charged with criminal possession of a weapon 3rd, criminal possession of a controlled substance 7th, DWI/Drugs, and headlight out. Johnson was stopped at 3:15 a.m., Sept. 2, on South Lake Avenue, by Deputy Jacob Gauthier for an alleged traffic violation.  During a search of Johnson, he was allegedly found in possession of cocaine.  The vehicle was inventoried prior to being towed and deputies reportedly found brass knuckles in the center console. Johnson was issued an appearance ticket.

Adam Altobelli, 40, of East Rochester, was arrested on a warrant for alleged failure to appear. He was arraigned in City Court and released under supervision of Genesee Justice.

Travon Armstrong, 36, of Batavia, is charged with petit larceny. Armstrong is accused of stealing a bicycle.  He was issued an appearance ticket.

Destiny Green, 25, of Batavia, is charged with burglary 2nd and criminal contempt 2nd. Green allegedly stole an item from a protected party's residence. Green was reportedly found inside the residence. Green was arraigned in City Court and released under supervision of Genesee Justice.

Amanda Havens, 39, no permanent address, is charged with endangering the welfare of a child. Havens is accused of leaving two children under age seven unsupervised leading to the children roaming the streets without supervision. The children were found by patrols near a local business at 3:30 a.m., Aug. 17.  Officers could not contact Havens until she turned herself in later that day.  She was arraigned in City Court and released on her own recognizance.

Jadeyn Goras, 18, of Batavia, is charged with criminal mischief 4th. Goras is accused of throwing a rock through the rear window of a vehicle park in the driveway of a residence in the City of Batavia.  He is also accused of throwing a stone from a garden and throwing it through a window of a door leading into the residence.

David Klotzbach, 41, of Batavia, is charged with dog running at large.  Klotzbach's dog was allegedly running at large at 8:10 a.m., Aug. 27.  He was issued an appearance ticket.

Robert Goodwill, 28, of Batavia, is charged with DWAI/alcohol. Goodwill was reportedly found driving erratically from South Main Street Road to UMMC.  Goodwill was issued traffic tickets and released.

Nicholas Kingdollar, 25, and Kayleen Laird, 25, both of Batavia, are charged with endangering the welfare of a child. Kingdollar and Laird allegedly failed to provide adequate supervision of a child at a residence on Jackson Street, Batavia, the evening of Aug. 30.  The child was reportedly able to climb out a second-story window and onto the roof.

An unidentified 18-year-old from Batavia is charged with three counts of petit larceny. The youth was arrested by State Police at 9:25 a.m., Sunday.

 

Flag thefts, including assemblyman's, reported in Batavia

By Alecia Kaus

It started last weekend, Assemblyman Steve Hawley says he was out mowing his lawn when he noticed his flag, which was at half-mast in honor of those who lost their lives in Afghanistan, was missing. Hawley says the flag was stolen sometime last Saturday, Aug. 28.

On his Facebook page, Hawley asked for his flag's return. "Please return it, no questions asked. This is a time for respecting our country and what it stands for," Hawley wrote.

Since then, Hawley says a neighbor from down the road replaced his flag with a new one, also installing a light to the display. 

However, on Saturday morning State Police were called to another residence in the 8000 block of Bank Street Road in the Town of Batavia for another flag theft. The homeowner there said his flag was stolen sometime between 9:30 Friday evening and 6:30 a.m. on Saturday. His flag was also displayed on a pole. 

Hawley said his replacement flag was also stolen in the overnight hours, Sep. 3 into Sep. 4.

State Police are now investigating the incidents and have a few leads. The City of Batavia Police have also looked into several complaints in the area recently.

Anyone with information on the flag thefts can call NYS Police Troop A at (585) 344-6200.  

Targeting the Town: Commercial/industrial growth escalates north of the Thruway bridge on Route 98

By Mike Pettinella

Longtime Batavia area residents surely remember George’s Dairy, the welcoming store run by the farm family on the west side of Route 98, just past the Thruway bridge heading north out of the city.

The dairy, known for its delicious chocolate milk and specialty fruit drinks, was a destination back in the 1960s and ‘70s – a lone business surrounded by acres and acres of farmland.

Fifty years later, streets called Federal Drive, Commerce Drive and Call Parkway – filled with hotels and commercial/industrial enterprises in developments known as “corporate parks” – greet motorists traveling over that same Thruway bridge toward Saile Drive, which also has become a hot spot for new business ventures.

“What we have seen and continue to see in that part of the town is the result of the efforts of several true visionaries, people such as the Call family, George Forsyth, Torchy Babcock and Carl Scott – visionaries who paved the way at great sacrifice to their political land personal careers,” Batavia Town Supervisor Gregory Post said.

Post credited governmental officials for “getting everyone into the room” – farmers, businessmen, politicians, engineers, architects, real estate brokers and industrial development agency staff – to install the infrastructure necessary to make that area a viable alternative for entrepreneurs.

“Infrastructure is the key,” said Post, a forward-thinking administrator in his own right. “Getting public water and sewer, and don't discount the fact that sales tax in Genesee County is (or was) less than in Monroe and Erie.” (Post was referring to sales tax rates at early stages of development).

‘GATEWAY’ TO ECONOMIC GROWTH

This has enabled the Genesee County Economic Development Center to establish the Gateway I Corporate Park (Federal and Commerce Drive) and Gateway II Corporate Park (Call Parkway) off of Route 98, and to help facilitate the buildup of West and East Saile Drive, which is anchored by the Milton CAT (Caterpillar heavy equipment) facility.

Steve Hyde, GCEDC president and chief executive officer, said he realized when he started at the agency in 2002 that there would be a demand for commercial bases between Western New York’s two large cities.

“From my first days at the GCEDC, we knew that there was demand for more capacity for these industries and for larger consolidated operations centers serving Buffalo and Rochester that could support enhanced jobs and investment,” Hyde said. “There were already signs that the market was responding at Gateway I Corporate Park. We had to be ready for more.”

Hyde said that after two decades of working with municipal partners and landowners on projects, “that demand has turned into successful results.”

“Both of Genesee County's business parks are fully activated. The businesses and careers that started this momentum have thrived, and more construction is on the way,” he said.

“And it’s incredible to see our heartland industries like the ag and construction equipment and logistics and transportation growing hand-in-hand with our shovel-ready sites north of the Thruway, and all along Saile Drive.”

A FLURRY OF DEVELOPMENT

Close to two dozen businesses are located at the two corporate parks and along Saile Drive.

Gateway I, which broke ground about 20 years ago, is sold out.

Businesses there include Farm Credit East (pictured below), (formerly) Aluydne (pictured below), Fairfield Hotel, Mondelez, Traco Manufacturing, Mega Properties (Koolatron, Exide Technologies, Auto Plus Auto Parts), Jasper Engines & Transmissions, Holiday Inn, Hampton Inn and Fairbridge Inn. The 147,000-square foot Aluyde building is currently listed by Pyramid Brokerage.

Gateway II (Call Parkway) features Ashley Furniture, Mega Properties and Gateway GS LLC, the latter being a five-building project of Gallina Development Corp. of Rochester (pictured below). The Mercy Flight EMS Genesee base just off Route 98 is adjacent to the park.

Moving to Saile Drive, you’ll find Alta Equipment Company/Vantage Equipment (pictured below), SCP Distributors, Monroe Tractor, Freightliner & Western Star of Batavia, Milton CAT (pictured below) and L&M Specialty Fabrication, which is close to Bank Street Road (pictured below).

LandPro Equipment, Valiant Real Estate USA (New York Bus Sales) reportedly will be building on Saile Drive, while Rochester Regional Health is preparing to construct a four-story office building on Route 98, across from Federal Drive and near Call Parkway.

“What we’re seeing now is that the whole area is erupting with activity,” said Chris Suozzi, GCEDC’s vice president of business and workforce development. “The Gallina project is indicative of what is happening.”

GALLINA’S BIG PROJECT IS UNDERWAY

Suozzi said Gallina’s plan is to erect five 27,000-square foot buildings. One is complete and the second one is under construction.

“Everything has grown organically as our industrial parks were kind of the anchor tenants, if you will, in the beginning,” he said. “Organically, because of it being zoned Industrial out there, we’re seeing this tremendous impact over a course of time.”

GCEDC Marketing Director Jim Krencik mentioned the need for modern, office warehousing, calling it “flex space.”

“That’s what Gallina is doing,” he said. “They have 20 acres in total, and will sell four acres every time they complete one of the buildings. Then they will take ownership of the buildings from the GCEDC, which owns the property."

Krencik said Gallina’s investment is around $2 million for each building.

“When you look out across the country, including the Buffalo and Rochester markets, there isn’t a large amount of really good, modern usable facilities,” he added.

Suozzi said the reason for that is that the “industrial vacancy rate is really low.”

“A lot of the existing inventory of buildings – you get your commercial and industrial real estate folks .... there’s not inventory available. The market is demanding that you have flex space or spec space so that the capacity is there when somebody really wants a product,” he offered.

He said the first Gallina building was built on speculation, recognizing that it would fill over time.

“The first (Gallina) building went up without a tenant,” he said. “Now, they’ve subdivided into thirds and there are three tenants in there.”

Buildings two through five are being constructed with tenants already lined up, he advised.

PRIVATE OWNERS MAKING DEALS

Tony Mancuso, longtime real estate broker for Mancuso Commercial Realty, said he has represented numerous landowners at Gateway I, Gateway II and Saile Drive as well as selling the parcel where the Federal Detention Facility is located and most of the parcels on Veterans Memorial Drive to the southwest.

“There’s not a lot of land left in those areas, actually,” he said, although he did say he is representing owners of about 10 vacant acres on Saile Drive.

Mancuso said developers will be looking to areas beyond the corporate parks, likely on land further west of Route 98.

Krencik said Saile Drive has intensified over the past decade, becoming a huge corridor for logistics as well as heavy equipment manufacturing, servicing and production that feeds into agriculture and transportation.

“We have our own park, but you really see the spillover and multiplier effect happening all the way down that street from Route 98 to Bank Street Road,” he said. “We’re taking about projects that have invested over $50 million in facilities they built or are planning to build on 500,000 square feet between those two areas and creating several hundred jobs.”

REAL ESTATE BROKER ‘NOT SURPRISED’

He called Saile Drive “almost a secret industrial park” with companies serving the need for big equipment, such as Milton CAT – “like-minded businesses all having the same vision and locating within a short distance of each other.”

Suozzi said GCEDC was the catalyst of this activity, but now “you’re seeing other people that own land along Saile Drive, that once the infrastructure was put in … you’re seeing local commercial/industrial realtors like Tony Mancuso, Rick Mancuso and Russ Romano who are selling property for individual owners along Saile Drive.”

Rick Mancuso, managing partner of Mancuso Real Estate, said he has represented property owners on Saile Drive, closing on several sales, including L&M Specialty Fabrication.

A business owner for many years, he said he could see this influx of development coming.

“I think that area is just beginning to take off right now. The close proximity of the (Genesee County) Airport and the Thruway make that property a real viable area for development,” he said.

“When land became scarce, the farmland started being sold and bought up at rates that even surprised the real estate brokers. It doesn’t surprise me, though, especially with our location between Buffalo and Rochester.”

Photos by Mike Pettinella.

Batavia school tax rate decreases by $2.10, somewhat softening the blow created by higher assessments

By Mike Pettinella

Property owners in the Batavia City School District -- still trying to come to grips with hefty increases in their assessments earlier this year – can take some solace with news that the school tax rate for 2021-22 is decreasing by almost 10 percent.

Scott Rozanski, Batavia schools’ business administrator, today informed The Batavian that the tax rate for the coming school year has been set at $19.23 per thousand of assessed value – down $2.10, or 9.84 percent, from the 2020-21 rate of $21.33.

On Thursday, the Batavia CSD board of education voted to accept the tax warrant and rate determination.

Rozanski also pointed out that the tax rate in 2020-21 was about 1 percent less than the 2019-20 figure.

“That’s two years of no direct impact (on taxes) from the school,” he said.

He did, however, acknowledge the change in assessments, indicating the average increase was 10.85 percent.

“We don’t control property values, nor the equalization rate which are both used to calculate the tax rate and can fluctuate each year,” he reported.

He said the district did realize about $750,000 more of a surplus from the previous year “so we added that to the refund back to the taxpayers.”

“With all of the federal stimulus funds, we were assisted on the revenue side,” Rozanski said, noting that the district received $2.4 million for COVID relief this year. “Without that, we would have had to make more cuts or (without cutting any positions) increase the levy by about 12 percent.”

Going forward, he said it’s a bit premature to project, but doesn’t think it will be “a concern in the near future.”

The district budget for 2021-22 is $52,096,661, Rozanski said. Its fund balance currently is at the maximum 4 percent, or about $2.1 million.

GV BOCES, Livonia to coordinate Batavia's 'virtual learning'; superintendent search is 'confidential'

By Mike Pettinella

Update, 11 p.m.

Alice Ann Benedict, Batavia City School District Board of Education president, explained that the "confidential search" for a permanent superintendent means that the board is not advertising for candidates.

"We have qualified candidates we will be interviewing," she said. "Candidates who have expressed interest in the position."

She said there will be an opportunity for the district and community to express the requirements they would like to see in a superintendent.

"The Board would never consider hiring a superintendent without input from all stakeholders," she added.

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

Around three dozen Batavia City School District students have signed up for “virtual learning” in 2021-22, the district’s interim superintendent reported to the board of education Thursday night.

Scott Bischoping said that Genesee Valley BOCES will be providing remote learning for students in grades six through 12 while the Livonia Central School District will do the same for pupils in kindergarten through fifth grade.

Bischoping, noting that the current number of students opting for remote learning for all grade levels is 35 to 40, said “that fluctuates because our counselors are working with families, and we want to make sure we vet their decision to make sure they fully understand what is going to happen, how it’s going to happen …”

He said teachers at both locations are working to get the process set up by the start of school next week.

Genesee Valley BOCES and Livonia will provide Chromebooks to their respective students, Bischoping said, adding that the yearly cost per student will be around $8,500 for grades six through 12 and $6,000 for kindergarten through fifth grade.

Bischoping said that federal funds for COVID-19 will be used to pay for this service.

“We’re using – indirectly or directly – funds from the federal government for catching up to pay for that and it will not impact our regular budget,” he said. “It makes a lot of sense for us to use funds for those families who want their kids home because of those health reasons.”

In a brief update of the school’s reopening plan, Bischoping said most of the protocols and guidelines are the same as last school year, predicting there shouldn’t be any issues of “things are going OK.”

No one from the public spoke during a two-minute public hearing.

Bischoping said the reopening plan is on the district website, where public comments can be posted.

Batavia City School District Return to School Guidelines | Batavia City School District (bataviacsd.org)

On the wearing of face coverings, Bischoping said not much has changed other than some loosening of restrictions concerning chorus and band.

Unvaccinated teachers and staff, per a New York State Department of Health mandate, will have to submit to COVID testing on a weekly basis, he said. Those who want to opt out of testing will have to prove they have been vaccinated by contacting the school nurse.

He said that rapid tests will be on hand.

“We’re not going to ask people whether or not they have been vaccinated. We’re going to ask them to report their status to the nurse if they’d like to get out of the testing,” he explained.

Board President Alice Ann Benedict asked about the busing situation.

Business Administrator Scott Rozanski said that in light of a national shortage of bus drivers, the district is planning to combine students from John Kennedy Intermediate and Jackson Primary onto one bus and students from Batavia High School and Batavia Middle School onto one bus.

“In the past, each school had their own buses,” he said. “We have limited drivers … and that’s the best option that we can do at this point in time.”

Benedict also asked about school cleaning schedules, with Bischoping replying that cleaning will take place regularly but without “the same hyper-vigilance about contact as we did before because we realize that isn’t the transmitter or carrier of the virus that we had worries about last year.”

“Certainly, personal hygiene, student hygiene and hand washing … and us making sure that we do clean things on a regular basis, that hasn’t changed.”

In other developments, the board:

  • Heard from Benedict that Kevin MacDonald, district superintendent of Genesee Valley BOCES, who is acting as the consultant in the search for a permanent superintendent, has requested to attend the next board meeting, scheduled for Sept. 16.

Benedict said the board is learning toward conducting interviews outside of Batavia, possibly at the Le Roy BOCES building. She said they will be looking to set up dates for the interviews and encouraged board members to make themselves available.

Bischoping suggested the board send information about what is being called “a confidential search” to the staff and teachers so they are informed of the process.

An email to Benedict seeking comment on the search process was not returned at the time of the posting of this story.

  • Approved the appointments of Ann Worthington and Leandra DiRisio as supervisors of attendance at John Kennedy and Batavia Middle School, respectively.

Batavia woman accused of filing six fraudulent unemployment claims

By Howard B. Owens

A 36-year-old Batavia woman is facing federal wire fraud charges after she was allegedly found with six state unemployment benefit cards during a traffic stop and subsequent vehicle search for drugs in Bergen on Nov. 24.

The U.S. Attorney's Office announced the arrest today of Danielle Tooley.  She faces a maximum penalty of 30 years in jail and a $1 million fine.

Tooley is accused of knowingly using the personal identifying information of other people to apply for and collect unemployment benefits connected with the federal COVID-19 relief programs.

The scheme came to the attention of law enforcement on Nov. 24 when Tooley was arrested by the New York State Police on charges of criminal possession of a controlled substance during a vehicle traffic stop in Bergen.

During the interaction with the defendant, troopers observed a crack pipe with white residue inside of Tooley’s vehicle.

After the arrest, the defendant’s vehicle was searched, and six New York State unemployment benefit cards were recovered.

The benefit cards were issued to individuals other than Tooley. The benefit cards were turned over to the Buffalo Field Office of the U.S. Department of Labor, Office of Inspector General, for further investigation.  A subsequent examination of bank records for the benefit cards revealed several indicators of fraud and video footage from ATMs where the cards were used confirmed that the defendant had consistently withdrawn money from the cards. Tooley routinely used the personal identifying information of others in order to apply for and collect unemployment benefits in their names. In total, the scheme resulted in a loss of at least $99,141.39 to the United States.  

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.

The criminal complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso; and the New York State Police, under the direction of Major Barry Chase.  

Genesee County STOP-DWI, despite understaffed police agencies, gears up for a busy 2022 as courts reopen

By Mike Pettinella

The Genesee County Legislature’s Ways & Means Committee this afternoon recommended approval of the county’s 2022 STOP-DWI plan that seeks an appropriation of $160,910, but not before the program coordinator highlighted the need for more police officers.

“It’s an amazing program,” Assistant Manager Tammi Ferringer said, thanking personnel from the three participating agencies – County Sheriff’s Office, City of Batavia Police Department and Le Roy Police Department – for their efforts in conducting special details in support of STOP-DWI.

But just as quickly, speaking at the meeting at the Old County Courthouse, she noted “the biggest challenge” was that these departments are short-staffed.

“Each agency needs to be commended for changing their schedules (to work the details),” she said. “The officers really gave their all.”

The three police agencies continue to conduct routine enforcement nights with sobriety checkpoints, often resulting in DWI/DWAI arrests, she said, but noted that primarily due to the COVID-19 pandemic, total DWI arrests dropped from 115 in 2019 to 72 in 2020.

Thus far in 2021, however, arrests are trending upward, prompting Ferringer to believe the yearly total will equal or exceed the 2019 number.

She reported that law enforcement participated in all statewide crackdown events (eight of them in all) during the period of Oct. 1, 2020 through Sept. 30, 2021, making 205 vehicle stops. Furthermore, grant funding was used for callouts of local Drug Recognition Experts to help assist officers investigating impaired driving.

One hundred percent of STOP-DWI’s activities is funded from the collection of fines collected from DWI/DWAI offenses, Ferringer said, noting that many arrests are made during normal operationof law enforcement. STOP-DWI provides enhanced activities.

While she is budgeting for $160,910, the program currently has about $100,000 in its account.

Ferringer reported a decline in revenue from $163,418 in 2020 to (projected) $119,063 this year, but foresees an increase in 2022 as the courts reopen and more and more pending cases are adjudicated.

“There’s a backlog in the courts,” she said, adding that judges are “scared” as they see the caseload before them and try to prepare for the impending rush.

She also informed the committee that New York State is changing its terminology – moving away from “crackdown period” and replacing that with “high visibility engagement campaign.” The Labor Day/End of Summer HVEC is running now, through Sept. 6.

As she wrapped up her presentation, County Legislator Gordon Dibble, who represents the towns of Pembroke and Darien, said the Village of Corfu Police Department may be looking to re-enter the STOP-DWI program.

Ferringer’s budget request is expected to be on the agenda of the full legislature’s next meeting on Sept. 8.

Other program highlights are as follows:

  • Genesee Justice monitors first-time DWI offenders (non-aggravated) who have received a Conditional Discharge as long as they participate in a one-year monitoring program that includes reporting regularly to a case worker, undergoing an alcohol screening and counseling program, refraining from drinking alcohol and taking part in an intense program for behavior modification aimed at changing attitudes on drinking and driving. It also monitors Leandra Law convictions where the ignition interlock device is ordered on the vehicle.

  • Genesee County probation officers provide necessary DWI enforcement activities and enhanced EtG (ethyl glucuronide) alcohol testing for monitored individuals. The department is monitoring an average of 175 DWI offenders per month and has reported 50 violations year to date, which is up slightly from 172 in 2020 with 80 violations amidst pandemic response and shut down.

  • Genesee/Orleans Council on Alcohol and Substance Abuse provide case management services, including an accountability component, follow up to the court and referrals to community resources. GCASA’s Victim Impact Panel brings DWI offenders and victims together for offenders to hear first-hand how a DWI crash impacted the lives of others.

  • STOP-DWI’s education and prevention component includes participation by the Youth Bureau, leading to the use of images of the local law enforcement agencies for a new billboard to remind the community to not drink and drive. The image will also be used in the future for post cards and other educational handouts. Also, it conducted an adult campaign during the winter holiday season, partnering with local liquor stores to provide them with liquor bags with safe messages to remind the community to not drink and drive. In 2020, six liquor stores were provided 5,800 bags.

  • The program’s poster contest winners were acknowledged, as youth and “top cops” were recognized with t-shirts, gift cards, commendations as well as banners with their artwork/pictures on them to display. Brooke Jarkiewicz and Grace Shepard, 11th graders at Byron-Bergen High School were the grand prize winners, and their design was featured on a billboard for a month during the winter holiday season.

  • In July, a “Night at the Ballpark” took place at Dwyer Stadium, supported by the Batavia Muckdogs. Law enforcement personnel joined with county staff and representatives of human services agencies to assist at the heavily attended event.

Schumer announces Samsung is still in play for WNY STAMP site; pushes for incentives to support Plug Power

By Mike Pettinella

Representatives of Samsung have visited the Western New York Science and Technology Advanced Manufacturing Park in recent days, Sen. Charles Schumer said today, renewing optimism that the international semiconductor manufacturer may join Plug Power, the Latham-based leader in the development of hydrogen fuel cell systems, in placing a production plant at the 1,250-acre site in the Town of Alabama.

Announcing what he called a "two-pronged approach" at a press conference at the STAMP site off Route 77, Schumer (photo above) said that he has been communicating on a regular basis with the president of Samsung, based in South Korea, and the head of the company's United States operations -- promoting STAMP as the ideal location for the semiconductor facility it is looking to build.

The second prong of Schumer's plan is the passing of special tax credits by Congress to enable Plug Power to expand its operation in Genesee County even beyond its initial projection of producing 45 tons of green energy per day to 500 tons per day by 2025. Plug Power officials are expecting to begin operations at STAMP in about 16 months.

"If we become a manufacturer of high-end chips and if we become a center of hydrogren and hydrogen fuel and hydrogen cells, that will affect jobs in Buffalo, Rochester and all of Western New York," Schumer said. "It will be a great job magnet right here ... in Genesee County ... between Rochester and Buffalo."

Schumer said the goal is to attract jobs and tenants to "this campus right here in Genesee County ... and in Western New York."

He said he is trying to land Samsung's $17 million chip fab and touted Plug Power for building North America's largest green hydrogen fuel cell plant at STAMP.

"Those are two major, major things," he said, drawing applause from several government, business and education leaders who were in attendance.

WNY STAMP is owned by the Genesee County Economic Development Center, which was represented by its CEO/President Steve Hyde and other high-ranking employees and board members.

The senator said key components of the strategy is to obtain federal dollars to attract a company such as Samsung, and "to bring critical infusions of federal support to make STAMP a domestic hub for new semiconductor and clean energy industries -- both."

Schumer said he is "quadrupling down" on his efforts to secure new semiconductor manufacturing at STAMP, adding that he authored legislation to allocate $15 billion dollars "so we can make our own chips here."

"If we don't do it, our national security is at risk and our economy is at risk," he said. "And if they're all made overseas -- in Taiwan and in China -- we're going to lose."

He said that many automobile companies in the U.S. are experience slow production because they can't get semiconductor chips.

"I've told the top brass at Intel, Micron and, of course, Samsung that STAMP is an ideal location, and, of course, I will use my clout as (Senate) majority leader once we get the chip manufacturing dollars passed into law ... I will use my clout to try and bring one of those companies right here to Genesee County."

The United States Innovation and Competition Act of 2021 includes $52 billion in incentives for semiconductor manufacturing and research that Schumer said is critical to Samsung and other companies that want to expand their operations in the U.S. He said the USICA is supported by President Biden and "will get through the House (of Representatives) this fall.

Schumer said he has confirmed that Samsung is considering the STAMP site, although no final decisions have been made. 

"After a lot of calls showing them that STAMP is the right place for them and showing them that they would have the majority leader on their side, in terms of getting an allocation, they came and visited (last month) and saw for themselves. They paid a visit and saw first-hand how STAMP is -- how tailor-made STAMP is for hosting large semiconductor fab right here," he said.

PUSHING FOR PLUG POWER

Concerning Plug Power, Schumer said he is launching a $9.5 billion push to secure new hydrogen investments through the recently-passed, bipartisan infrastructure bill that passed the House and the Senate.

"And we're also including more money for hydrogen and green hydrogen during the upcoming negotiations in the Budget Reconciliation bill," he said. "There are two major parts to this. Already in the bill that passed the Senate, is $8 billion to create four hydrogen hubs in the country. There's no better place than Western New York in terms of hydrogen."

He said Plug Power was the leading hydrogen cell fuel company in the country, and is in near completion of building a "giga-factory" in Henrietta that will employ 380 people.

Schumer said he also is promoting a multi-billion dollar "production tax credit" in addition to the investment tax credit that already is on the books. He said the production tax credit would lower the cost to make green hydrogen by up to $3 per kilogram "and that means more customers for green hydrogen, more demand for the fuel made here at STAMP and more demand for the Plug Power jobs in Western New York."

By increasing the output from 45 tons to 500 tons per day, Plug Power would be creating 700 additional jobs at the STAMP site, Schumer said.

Plug Power's hydrogen cells power forklifts used at some of the world's biggest companies, including Walmart, Amazon and BMW, said Plug Power President/CEO Andrew Marsh, who also was at the press conference.

"The bipartisan infrastructure job act has over a $1 billion for electrolyzers -- for research, demonstration, commercialization and also for reducing the cost and increasing reliability," Marsh said, adding that electrolyzers create hydrogen from green electricity (with) a zero carbon footprint.

He said that leading market experts foresee hydrogen as being 23 percent of the world's energy by 2050.

Marsh said Plug Power's goal is to produce 500 tons of hydrogen per day -- "that's equivalent to a million gallons of gasoline," he advised -- and is poised to do that, in part thanks to raising $5 billion as a publicly-traded company on the NASDAQ exchange.

Currently, Plug Power has 1,700 employees, with 1,000 of them in New York.

From GCEDC President/CEO Steve Hyde:

"The STAMP site was designed and is being built to enable the acceleration of new technologies and advances in manufacturing with our outstanding renewable energy and talent availability. The commitment by Plug Power to bring green hydrogen to the market with Project Gateway at STAMP, and of Senate Majority Leader Schumer to expand the benefit of Genesee County, our region and state, and for the future of our economy and environment."

Photos below: Plug Power President/CEO Andrew Marsh speaking at today's press conference at WNY STAMP site; GCEDC President/CEO Steve Hyde with Schumer and Marsh. Photos by Mike Pettinella.

Libraries continue to meet the public's needs in this dark 'chapter,' local directors report as they seek level funding

By Mike Pettinella

Nioga Library System personnel have gone above and beyond to provide essential services in the face of a global pandemic that continues to rock our way of life.

That’s the message conveyed Monday by four Genesee County library directors and the executive director of the 21-member Nioga Library System, who appeared before the Genesee County Legislature’s Human Services Committee to seek the same level of funding in 2022 as in this year and to articulate how they have responded to the challenges to meet the needs of their clientele.

The committee received a letter from Kimberly Gibson, library manager at Haxton Memorial Library in Oakfield, asking the legislature to sustain the current 2021 level of $41,680 to support the purchase of library materials for county residents.

County funding covers about 13 percent of Genesee’s six public libraries budget for materials and technology, such as computers, books, music, movies and magazines – including downloadable information, Gibson wrote.

“As we work to maintain our levels of service to our patrons during these difficult times, we face rising costs across the board and, for some of our libraries, we are working with a budget that was drastically cut from the prior year,” the letter continued.

During the meeting, Gibson reported that her library’s budget was slashed by 30 percent and the Byron-Bergen Public Library’s budget was cut by 20 percent.

Nioga Executive Director Tom Bindeman said the network, as a whole, has suffered budget cuts over the past several years.

They were joined at the meeting by Robert Conrad of Richmond Memorial Library in Batavia, Josselyn Borowiec of Hollwedel Memorial Library in Pavilion and Diana Reding of Corfu Public Library. The Woodward Memorial Library in Le Roy is the county’s sixth public library (and all are part of the Nioga system).

All of the state’s libraries closed around March 17, 2020, because of COVID-19 and many were closed up to 16 weeks.

Conrad said the six county libraries were able to coordinate their reopenings for limited service around June 1 and it wasn’t until June of this year when they were able to drop most of the other restrictions.

During that “down time,” librarians followed all of the Center for Disease Control guidelines, Gibson said, including social distancing, mask wearing, temperature checks of employees, frequent cleaning, purchase of Personal Protective Equipment, putting up of plexiglass and computer keyboard protection.

“We did whatever we had to do to get to the place where we could reopen,” she said. “Keeping day-to-day safety last year and into this year has been our priority.”

Contacted yesterday, Conrad said that Richmond Memorial Library staff was able to open for browsing and checkout, “but our restrictions included no general seating and, consequently (and ironically), no reading as well as no in-person programs and only essential computer use.”

Libraries conducted programs, such as the Richmond Reads author visit, children’s story times and movie streaming via Wi-Fi, Conrad added.

Broadband connection to the Internet is critical to libraries’ operational success – a point brought up by Bindeman at the committee meeting.

Noting that 40 percent of Genesee County does not have Internet access, he urged lawmakers to do what they can to provide access to its residents. County Manager Matt Landers said they are aware of the gaps in coverage and have a plan to address the situation as money allocated from the American Rescue Plan Act can be used for broadband.

Bindeman also mentioned that many people, young and old, don’t know how to use a computer or smart phone, and he hoped to institute a plan where libraries and municipalities could provide more training in that area.

Libraries have been up and running for several weeks now and are offering their complete range of services.

Gibson said the computers continue to be “social distanced” and face coverings are required for those who have not been vaccinated.

“We’re grateful to learn that when we reopened how much we were actually missed,” Gibson offered, adding that a silver lining was that the Oakfield library was able to build its social media presence during the shutdown.

At Richmond, masks are required as long as the county's rate of transmission is at substantial or higher, and in the Children's Room until a vaccine has been made widely available for school-aged population.

Conrad said that he believes the 2 ½ months or so that all of the libraries were closed in 2020 represent the first time in the state’s history that its people were not served by libraries of any kind.

The Byron-Bergen Public Library and Haxton Memorial Library are looking to forge agreements with the B-B Central School District and Oakfield-Alabama Central School District, respectively, over the next couple years to be able to receive funding from property taxes as voted on by the public.

Hollwedel Memorial Library in Pavilion became a school district-supported facility last year, joining Richmond Memorial, Woodward Memorial and Corfu Public Library.

Genesee, Orleans health director mentions possibility of vaccine mandates for school teachers and staff

By Mike Pettinella

Now that a statewide universal masking mandate is in place for all persons in school buildings, a requirement that all teachers and staff be fully vaccinated could be next.

Paul Pettit, public health director for Genesee and Orleans counties, this afternoon said he has heard that Gov. Kathy Hochul is advocating for that to happen, just as she did in instructing the New York State Department of Health to issue the mask mandate -- even after many school districts had developed their own reopening plans based on information that there would be no state guidance.

"The governor is exploring working on requirements for teachers and staff to become vaccinated, or provide and submit to weekly testing that is not in place currently – although we do know that it is one of her initiatives and desires to do that if she does end up with the authority to make that happen," Pettit said on the Zoom call.

To prepare for this situation, Pettit said the local health department is working with schools on testing.

"We do have funds to provide testing supplies to the schools so we’re in the process of getting that to them so they will have that available in their schools for staff or students to provide that onsite," he said.

Pettit admitted that the changing directives pertaining to masks in schools over the past three weeks "has been confusing, and frankly, a ittle frustrating, especially for our superintendents who have really worked hard in the lack of overall state guidance to come up with local plans that accommodated for CDC (Centers for Disease Control) guidelines but also took into account the variance and differences from district to district."

He said his recommendation to superintendents -- who he meets with on a regular basis -- was to use CDC guidance as a blueprint to develop their plans "but ultimately the final decisions on what to include and how it was going to look in every school district was, obviously, we were leaving it up to the local district."

"Some districts already came out with their plans prior to the masking mandate," he noted. "Some we’re waiting to see what happened with the new governor coming in. But, either way, now we do have a new statewide mandate for universal masking which has been put in place by Governor Hochul."

Despite the change of direction, Pettit said the "collective goal all along" for everyone involved was to have all students return to in-person learning this school year ... "and to do it with as few disruptions to that end as possible."

Pettit said the local health department will continue to advocate for local autonomy, something it has been doing throughout the pandemic.

"We’re going to continue to support our schools and the districts as we’re able to," he said, adding that with universal masking in place, the need to quarantine people likely will be reduced. He said CDC guidelines do not require or recommend quarantining exposures to positive cases if both the case and the other contacts were fully masked.

The health director spoke about several other topics related to the coronavirus, as follows:

STATISTICAL INFORMATION

Genesee County:

  • Number of positives is at 5,615, with 77 active cases (15 hospitalized).
  • Recovered: 4,947. Deaths: 124 (per NYS data).
  • Positivity rate is 5.8 percent over the last seven days, with 114 positive tests out of 1,955 who have been tested.

In August, the county has had 253 cases, with 78 of those people fully vaccinated and 175 not fully vaccinated or status unknown. The breakthrough rate is 30.8 percent.

Orleans County:

  • Number of positives is at 3,304 total positives, with 64 active cases (two hospitalized).
  • Recovered: 2,844. Deaths: 83 (since the beginning of the pandemic).
  • Positivity rate: 5.3 percent over the last seven days, with 55 positive tests out of 1,039 who have been tested.

In August, the county has had 199 cases, with 34 of those people fully vaccinated and 165 not fully vaccinated or status unknown. The breakthrough rate is 17.1 percent.

Pettit said as far as the breakthrough cases, the symptoms aren’t severe or asymptomatic, meaning that the vaccine is working.

FOCUS IS ON GETTING PEOPLE VACCINATED

Pettit emphasized that health department personnel's main focus is on the unvaccinated, and encouraged those who haven't taken the vaccine to do so -- especially now that the Pfizer vaccine has been fully approved by the Food & Drug Administration. Moderna and Johnson & Johnson vaccines are still under "emergency use authorization" but are in the process of getting FDA approval.

He said approval for the vaccine to be administered to children 12 and under could happen within the next three months, and that vaccine will be available through the Genesee and Orleans health departments.

People with compromised immune systems or other medical issues will be eligible for a third dose of the vaccine, he said, which also will be available locally.

Concerning booster shots, Pettit said this vaccine will "build up and booster up immunity." Booster shots could be available as soon as Sept. 20, he mentioned, for those who had been fully vaccinated at least six months to eight months prior.

Statistically, in Genesee County 30,078 people have received at least one dose of the vaccine (60.2 percent), with the percentage of those who are fully vaccinated at 53.9. In Orleans County, the numbers are 18,999 (55.4 percent) and 48.6 percent.

OTHER PERTINENT INFORMATION

  • Both Genesee and Orleans are classified by the CDC as a "high" level of community transmission, based on a seven-day rolling average. Pettit said most of the state and nation are at that level.
  • He said that expiration dates on vaccination cards or Excelsior Pass aren't etched in stone as they were derived from data compiled at that time. He did recommend a booster shot, but said those not getting one still are considered fully vaccinated.
  • There are no local mandates on masking, but the guidance is to adhered to CDC recommendations to reduce spread as much as possible.
  • Local testing is provided by both counties on a weekly basis, currently one day a week (see link below). He said testing is getting more scarce as the level of vaccination increases.
  • Pettit said the health department is unable to verify the results of home test kits as they aren't being reported to the state system.
  • With flu season around the corner, Pettit advised all to follow public health guidelines -- avoid touching your eyes, nose and mouth; wash your hands frequently; stay six feet away from others; if you're sick, stay home.

IMPORTANT LINKS PERTAINING TO COVID-19

CDC Guidance for COVID-19 Prevention in K-12 Schools:
https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-guidance.html

NYS Department of Education- Health and Safety Guide for the 2021-2022 School Year:
http://www.nysed.gov/common/nysed/files/programs/back-school/nysed-health-and-safety-guide-for-the-2021-2022-school-year.pdf

Testing link for both counties:
https://gohealthny.org/covid-19-testing-information/

COVID data is updated on Genesee/Orleans Health Department emergin Issues page on Mondays and Thursdays in the afternoon:
https://gohealthny.org/emerging-issues

Daily (Monday-Friday except Holidays):
https://experience.arcgis.com/experience/5f8401b0516247b490934303e3975e49/

NYSDOH Vaccine Tracker:

https://covid19vaccine.health.ny.gov/covid-19-vaccine-tracker

Increased digital presence, attendance, membership energize Holland Land Office Museum's outreach efforts

By Mike Pettinella

More visitors, more members, more donations and more programming – especially in the digital realm – have Ryan Duffy, executive director of the Holland Land Office Museum, feeling optimistic about the direction of the history learning center and gathering place at 131 West Main St.

“Now that we’ve grown our digital audience, we feel more confident to continue our outreach … anywhere in the world, we can tell our stories,” Duffy said on Monday afternoon during an annual report to the Genesee County Legislature’s Human Services Committee at the Old County Courthouse.

Calling it the “biggest impact” in a year of positive developments, Duffy said the HLOM experienced more than 4,000 views on its digital platforms and weekly Artifact Video Series on YouTube.

He said that people have made their way to the museum after watching installments of the video series.

“It has been a success and we’ll keep going with it,” he said.

Duffy touched upon several items on the seven-page report he provided to the HSC, primarily indicating increases in attendance, participation and membership, and enhancements in the museum’s collection systems and community partnerships.

He said that visitorship was up by 50 percent over the past year – with more than 1,500 people expanding their knowledge of local history since the museum reopened in July 2020. More than half of those visitors were from outside of the county, he said.

Additionally, more than 275 community members have used the HLOM’s meeting space in that same time period and more than 300 people attended the museum’s special events, programs and concerts in person, he reported.

Membership is up by 30 percent, Duffy said, moving within 27 people of his goal of 200 annual members. As a result, donations more than doubled and gift shop sales and online bookstore sales surpassed last year’s totals.

In collection and exhibit management, Duffy said, “We’ve almost fully modernized our collection system.”

This consisted of inputting index cards into the digital database, ongoing data entry for recently acquired, found and on-display artifacts, and digitizing of paper artifacts and resource materials.

Duffy said the museum collaborates with other historical societies and associations throughout Western New York, and with schools and colleges to offer as much education and outreach as possible, including tours for elementary school pupils.

The museum also has various community partnerships, such as Batavia High School’s Make a Difference Day, United Way’s Day of Caring, GO ART! events and the Buffalo History Museum’s webinar series.

The director also said the museum applied for and received a $2,500 Reach grant from GO ART! to support its History Heroes Summer Program.

Going forward, Duffy said the HLOM board of directors’ strategic plan boils down to “taking what we’ve done and seeing how we can grow.”

Key points of the plan are expanding an online storefront to allow people to buy items from the gift shop remotely, including options for donations, memberships and program tickets; heavier promotion of the museum’s community space, which now has a new projector, screen and audio system; pursuing more grant opportunities, and increasing the number of exhibits.

Duffy said the community space is open to groups from 10 a.m. to 4 p.m. and on evenings (all by appointment) at a charge of $25 per hour. He said it can accommodate up to 60 people – 30 to 40 comfortably.

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

Recent inspection forces closure of South Lyon Street Bridge in Batavia

By Howard B. Owens

Statement from County Highway Superintendent Tim Hens:

Due to a recent bridge inspection, the South Lyon Street bridge over the Tonawanda Creek in the City of Batavia will be closed to all traffic effective 8/31/2021 until further notice.  The bridge is located between Main St (Rt 5) and South Main Street.

The bridge had been load posted for 5 ton loads for some time, but a very recent inspection has determined that the bridge can no longer handle the minimum allowable loads of 3 tons.  A bridge replacement is under design and it is scheduled to be replaced completely with a new 2-lane structure.  It is expected that the design will be completed in November and that advertising of construction bids can be completed at that time. The new bridge should be open to the public by the end of September 2022.

The County and City of Batavia will be coordinating the posting of a detour once the bridge is closed. Any questions regarding the closure may be directed to Deputy Hwy Supt David Wozniak or Asst County Engineer Laura Wadhams at (585) 344-8508.

Opioid settlement with Johnson & Johnson could result in a $413,000 windfall for Genesee County, attorney says

By Mike Pettinella

Genesee County stands to receive more than $400,000 via a settlement between New York State and the pharmaceutical companies comprising the Johnson & Johnson brand for their role in contributing to the nation’s opioid epidemic.

The county’s Human Services Committee today, on the advice of County Attorney Kevin Earl, recommended adoption of a resolution that would enable Genesee to participate in the New York Opioid Sharing Agreement.

The settlement, negotiated by New York Attorney General Letitia James, would provide Genesee County with a sum between $177,000 and $413,000, Earl said, with approximately half of the money to be "front-loaded" as an initial payment representing the first three years – possibly as soon as February 2022.

"It is my understanding that the balance will be paid over the next nine years on the state's remaining 10-year payments," he added.

Earl said the actual amount is on a sliding scale, depending upon the number of municipalities opting in.

He said there is a good chance that the county would get its full share of the settlement funds, which could be as high as $229 million to New York State.

The resolution passed by the HSC (which is subject to approval by the full legislature next week) alleges several causes of action against defendants Johnson & Johnson, and affiliates based on claims that J & J contributed to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and by falsely promoting the increased use of opioids directly and generally through various “front groups” and failing to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to a public health crisis in the County of Genesee.

As reported previously on The Batavian (see link below), Genesee County has retained the services of Napoli Shkolnik PLLC of New York City to litigate on its behalf. Earl said this firm and another based in New York City represent the vast majority of municipalities in New York State.

Earl said two other law suits are in the works – one against Pharma, maker of oxycontin, which has filed bankruptcy (reorganization) and the other against the distributors of these powerful drugs.

“That’s three potential bites of the apple (for the county),” he said.

Any funds received in the Johnson & Johnson case would have to be used in areas related to expenses incurred as a result of the opioid epidemic, Earl said, although “there is quite of bit of flexibility” in the guidelines.

Those uses would include treatment/support groups, prevention, training, first responders and research. Allocation of the funds is being coordinated by the NYS Office of Addiction Services and Supports.

Previously: GCASA director: Multimillion dollar deal with opioid distributors would 'stabilize' treatment system

Appreciation for skilled trades is at the heart of four-county region's GLOW With Your Hands career event

By Mike Pettinella

Congressman Chris Jacobs no doubt spoke for millions of Americans when he expressed his appreciation for those men and women who possess the ability to work with their hands.

Jacobs was the keynote speaker this afternoon as economic development, business and educational leaders from the four-county area gathered together at the Genesee County Fairgrounds to promote the third annual GLOW With Your Hands career exploration event.

The career day is scheduled for Sept. 28 at the fairgrounds on East Main Street Road.

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Related story: Dansville construction firm excited to support 4-H

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About 700 students in grades 8-12 from 30 school districts and home school groups along with 40 vendors from different trades are expected to participate.

“Prior to being in elected office, I have a real estate development company – mostly in Erie County. But, I have no skills, myself, as far as trades, and my wife will attest to that,” Jacobs revealed, drawing a laugh from the 30 or so people in attendance.

“But, I’ve always enjoyed so much … working with the trades and I still do a little bit – projects – because I was always amazed by the skill sets they brought. Their ability to – I think someone said, problem-solve. That’s what they do every single day because every single project has different variations and challenges and factors, and they have to adopt.”

Jacobs said that the “level of skill and adaptability that I’ve seen in the trades is something that I’ve always had such admiration for, and that’s one reason I enjoyed so much being a real estate developer.”

With that in the backdrop, Jacobs said he will continue to work with Assemblyman Steven Hawley (who spoke after him) and state leaders to secure the funding necessary to keep GLOW With Your Hands going – and hopes that he will be able to attend the event on Sept. 28.

He said he was impressed with the inaugural event in 2019, noting that he took part in the nail hammering competition and tried his hand at welding.

“I have always thought … it’s giving children – I think it’s very important for our kids to see a future that lies ahead and opportunities that lie ahead …,” he said. “I also think that, and I know we have educators here, that the ability to understand application (and kids realizing that) ‘OK, that makes sense why I’m in class learning math because I need to measure things and it actually has a real world application.’”

The NY-27 representative commended the many partners in the GLOW (Genesee, Livingston, Orleans and Wyoming) region that “are doing so many things for this event, but also in charting the new path for the future of our region.”

“It cannot happen without a skilled workforce. So, this is critically important for the future of these children to be able to achieve what their dreams, aspirations and talents lie, but also that we cannot achieve our broader objective without them.”

Jacobs emphasized the importance of having local leaders determine the outcomes for their communities.

“Bring it down small, bring it down local to empower those on the ground to be able to do what they think is right,” he said. “That’s what we need in our federal policy, too, and clearly what you’re doing with federal resources – and I want to make sure we get more federal resources to you to continue to build upon this … that we go every year to make sure that we have more and more kids going into the trades.”

Chris Suozzi, vice president of workforce development, Genesee County Economic Development Center, and Jay Lazarony, executive director of the GLOW Workforce Development Board, are co-chairs of this year’s GLOW With Your Hands career fair.

Suozzi thanked Genesee Construction of Dansville as double platinum sponsor and LandPro as platinum sponsor, before commending the event’s executive committee and volunteers from the educational and business communities.

“Workforce development is a team effort,” he said. “We know that often the most important aspect of the region’s competitiveness is the quality of the workforce. And with an educated and skilled workforce that businesses can tap into to sustain their operations, the GLOW region will meet the needs of companies and communities.”

Suozzi said the area’s youth are talented, and need to learn about career exploration prior to graduating because it would be “too costly and too late” after that.

He noted that participants at the career day will experience first-hand activities associated with careers in agriculture, skilled trades like welding, bricklaying, electrical wiring, heavy equipment operation and “advance manufacturing that tie into our number one program that we just announced at the Genesee Valley Partnership (BOCES) in electromechanical.”

“(It’s) the number one program in New York State, and we’re excited about that,” he said.

Others involved in making the career fair happen, who spoke during the 30-minute presentation today, are as follows:

Karyn Winters, Genesee County Business/Education Alliance director:

“GLOW With Your Hands is providing students with great pathways to a strong network of programs to guide their growth. Businesses have been tremendously supportive of this mission and also provide great jobs.

“With the BEA, I get first-hand the excitement that kids have working with their hands. We just finished out summer career exploration camps this year, and with GLOW With Your Hands even more students will have the opportunity to see various construction trades that will be at this event.

“Trades and many companies offer apprenticeship programs that can result in workers acquiring highly sought-after skills.  Live demonstrations and start the recruitment process for their next generation of workers.”

Molly Huangs, LandPro Equipment (John Deere distributor) marketing manager:

“It has been an amazing experience to see organizations from four counties work together in collaboration to promote career trades in our area. It is also truly been incredible to see so many companies offer support as well as investing financially.

“Being able to promote to our youth the incredible opportunities and careers available right here in our four-county region is critical to many businesses, including our own.

She said LandPro’s technicians’ career paths they have chosen allow them to “feel fulfillment at the end of every day.”

“That is the message that we as the GLOW With Your Hands career fair committee is working to get to our youth and their families. A career in trades offers our youth to work hard, learn, continue education and provide a lasting and lucrative career that can combine passion with success.”

Angela Grouse, Livingston County Chamber and Livingston Education Alliance director:

“Students with a wide array of interests and abilities will have the opportunity to explore today’s world of work. Hands-on interaction with over 40 vendors from agriculture, advanced manufacturing, skilled trades and food production industries will support students in discovering amazing career opportunities, featuring good pay, competitive benefits and upward mobility that exist right here in our own backyards.”

She said she hears from businesses daily on the challenges of finding qualified staff, as well as the talent pipeline and skills gaps, and the importance of workforce development.

“They are asking how they can connect and share opportunities, and develop the next generation of employees. The answer is right here at GLOW With Your Hands.”

Jay Lazarony, GLOW Workforce Development Board executive director:

He thanked the sponsors and the “army of volunteers that will ascend upon the fairgrounds in just four short weeks.”

“It is no secret that there is a strong demand among employers to replace retiring workers and in some instances, the need is immediate – especially businesses that require specific skills … It’s important to note that a significant portion of these jobs do not require a four-year college degree.

“Training provided by these companies in our region’s workforce and educational organizations can result in someone starting a great career soon after graduation. How many of you would have liked that advantage when you were just graduating from school?”

Assemblyman Steven Hawley:

Hawley mentioned that in 2019, Gov. Kathy Hochul, then New York’s lieutenant governor, participated in the GLOW With Your Hands event.

“I think we have a good partner in her, as well, to support these kinds of efforts,” he said.

Then, he brought up the abundance of employment opportunities around the state (as he did in a story on The Batavian on Sunday).

“We need folks to want to work again. We need them to have their hands on instead of their hands out. We want folks to be contributing members of this society that makes America what it was and hopefully will be again.”

Photo: Key contributors to the 2021 GLOW With Your Hands career exploration event are, from left, Jay Lazarony, Angela Grouse, Alexis Merle, Congressman Chris Jacobs, MaryEllyn Merle, Chris Suozzi, Assemblyman Steven Hawley, Karyn Winters, Molly Huangs. Photo by Mike Pettinella.

Dansville construction firm excited to support 4-H

By Mike Pettinella

The project manager for Genesee Construction of Dansville said her company couldn’t be happier about its contribution to this year’s special project for the GLOW With Your Hands career day on Sept. 28 at the Genesee County Fairgrounds.

MaryEllyn Merle, speaking after today’s session to promote the event, said Genesee Construction will be building a handicap ramp leading to the entrance of the Laing Kennedy 4-H building at the fairgrounds.

“Rather than bringing something here and have it set up to show the kids a fake sidewalk, for example, why not do something for the fairgrounds at the same time?” she said, noting that her firm will be donating its time and materials for the ramp. “And what makes it better is that it is going to support 4-H because we’re super passionate about 4-H.”

She said masons will come to the fairgrounds the day before the event and form and prepare the slab.

“Then, on September 28th, we will have a couple of our masons on site who will pour and show the kids the technique of finishing the sidewalk. That’s the hands-on project,” she said.

Merle said the ramp will measure about 12 feet, and will feature a railing outside of the door.

In 2019, Genesee Construction poured an 81-foot sidewalk at the fairgrounds’ arena in conjunction with GLOW With Your Hands.

“This event gives us hope that we’re going to find the next generation of youth for these highly-skilled jobs,” she said.

Photo: Alexis Merle, left, executive assistant, and MaryEllen Merle, project manager, of Genesee Construction showing ramp that their company will be building. Photo by Mike Pettinella.

Law and Order: Batavia man accused of predatory sexual assault against a child

By Howard B. Owens
Wesley Thigpen

Wesley N. Thigpen, 40, of Batavia, is charged with two counts of predatory sexual assault against a child following a sex abuse investigation by Det. Jason Ivinson. Thigpen is accused of a continuous course of conduct where he sexually abused two children while they were under age 13 in the City of Batavia between 2007 and 2016. Thigpen was arraigned in City Court and ordered held without bail. (Thigpen is currently in state prison serving a sentence on prior sexual abuse charges. Mugshot is from 2019.)

Nathan W. Stringer, 46, of West Linden Avenue, East Rochester, is charged with DWI, DWI with children in the vehicle (Leandra's Law), breath test refusal, moved from lane unsafely, and unlicensed operator.   At 9:28 p.m., Aug. 28, deputies responded to 8483 Alleghany Raod, Pembroke, for a report of a vehicle accident and a vehicle in a ditch.  Stringer was reportedly operating the vehicle and allegedly found to be intoxicated. There were four children in the car, all under age 15. Stringer was issued an appearance ticket.

Norman James Humel, 62, of Sumner Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed, moved from lane unsafely, failure to keep right, and refusal to take breath test. Humel was arrested following an investigation into a motor vehicle accident at 5:22 p.m., July 19, on Read Road in Pembroke by Deputy Kyle Krzemien. Humel was released on an appearance ticket.

Zachary S. Natale, 28, of Beacon, is charged with grand larceny 4th and burglary 2nd. Natale was charged with a burglary on Elm Street in May 2017.  He is currently in prison at Fishkill Correctional Facility on unrelated charges. He was ordered held without bail.

Joseph D. Turner, 39, of Albion, is charged with harassment. Turner was arrested on a warrant. He was arraigned in City Court and released on his own recognizance.

Eric P. Doleman, 51, of Pembroke, is charged with petit larceny and criminal possession of a forged instrument 1st. Doleman is accused of knowingly using a counterfeit $100 bill at a local business. Doleman was arraigned in City Court and ordered held without bail.

Rhonda L. Reisman, 49, of Batavia, is charged with criminal contempt 2nd. Reisman allegedly failed to comply with a court order. She was issued an appearance ticket.

Brian P. Griffin, 36, of Batavia, is charged with criminal obstruction of breathing, attempted assault 3rd, and endangering the welfare of a child. Griffin is accused of getting into a physical dispute with a juvenile on Ellicott Place at 4 p.m., Aug. 18. Several other children were allegedly in close proximity to the incident. Griffin was arraigned in City Court and ordered held on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Alyssa J. McKenzie, 23, of Batavia, is charged with harassment 2nd. McKenzie is accused of punching another person in the face on Aug. 23. She was issued an appearance ticket.

Andre L. Bryan, 42, of Batavia, is charged with harassment 2nd. Bryan is accused of striking a Batavia police officer in the face during an incident on Aug. 24 on East Avenue. He was issued an appearance ticket.

Michael J. Robbins, 61, of Batavia, is charged with petit larceny and criminal possession of a controlled substance. Robbins was allegedly found in possession of stolen property after an investigation into a larceny on East Main Street, Batavia.  He was issued an appearance ticket.

Danielle R. Tooley, 36, of Batavia, is charged with bail jumping 2nd. She was arrested by State Police and released on her own recognizance. 

Abigail E. Button, 26, of Charlotte, N.C., is charged with assault 3rd and criminal mischief 4th. Button was arrested by State Police at 10:51 p.m., Aug. 28 in the Town of Batavia. No details of the incident were released. She was issued an appearance ticket.

Tzepheniah R. Maccabees, 21, of Buffalo, is charged with DWI.  Maccabees was stopped by State Police at 5:20 a.m., Aug. 22, in the Town of Batavia. He was issued an appearance ticket.

Shawnika D. Spears, 34, of Buffalo, is charged with identity theft 3rd. Spears was arrested by State Police at 2:21 p.m., Aug. 13, in the Town of Alabama. She was issued an appearance ticket.

Audit reveals Genesee County fared better than anticipated in 2020; net position increased by $4.2 million

By Mike Pettinella

Genesee County came out much better than expected in terms of its financial health in 2020, according to the certified public accountant who conducted the municipality's yearly audit.

“You fared fairly well. You had budgeted a deficit, and you actually came out better than you had anticipated,” said Kathryn Barrett, director at Freed Maxick CPAs, P.C., as she and colleague Nicole Ryan summarized their report earlier this month for the Genesee County Legislature.

Barrett said the county took in about $5.3 million less than budgeted in 2020 (its fiscal year is January through December), but spent about $8.5 million less than budgeted.

“So, budget to budget, you did much better, and that helped build that positive fund balance,” she noted, adding that the audit uncovered no deficiencies or material items.

The county’s net position of primary governmental activities increased by $4.2 million from 2019 -- to $149.5 million, and its net position on business type activities increased by $2.9 million, she reported.

She said the audit looked at two sets of financial statements -- government-wide or “a picture of what you look like as an entity rather than a fund by fund basis” and fund basis or “how you look at yourself and manage your operations on a day by day basis.”

Genesee, at year's end, had a deficit of $19.8 million in the Tobacco Asset Securitization Corporation (which handles tobacco settlement funds), which is consistent with prior years, Barrett reported. The county, however, had positive balances in the self-insurance ($3.1 million, up $810,000); Workers’ Compensation ($1.8 million, up $1.2 million); and water ($3.9 million, up $1.4 million) funds.

Barrett said the county’s participation in the New York State Retirement System this year has had a significant impact on government-wide operations. She said the plan is underfunded, but some of that has to do with the fact that the plan was measured on March 31, right at the beginning of the COVID-19 pandemic.

“That increased the net liability on the government-wide financial statements by about $5.4 million – it almost doubled from what it was last year,” she said. “So, that can go up and down in any particular year because of the assets that are invested in the open market and how they are performing at any particular point in time.”

Noting that the retirement system is funded at high levels – 96.3 percent in 2019 and 86.4 percent last year, she said it was a “temporary blip” and the county could see “a complete turnaround next year …”

Looking at the fund basis figures, the overall fund balance increased by $1.3 million in the general fund to a total fund balance of $44.4 million. She said the county used about $10 million of its capital reserve, but also set money aside for 2021 to offset any revenue loss, and also appropriated money for sales tax, Medicaid and jail debt service.

On the revenue side, revenues decreased by $1.6 million or 1.5 percent, again better than anticipated, while expenditures decreased by just less than $500,000 or .5 percent.

She said the county is considered a low-risk auditee, based in part on spending $2.2 million less in federal funding from 2020 to 2019.

For 2020, the county’s primary government invested $7.3 million in governmental activities capital assets, including $2.1 million in construction work in process, $280,000 in buildings and improvements, $3.7 million in infrastructure and $1.2 million in equipment, machinery and other capital assets.

The county tax rate was $10.11 per $1,000 of assessed value in 2020, up 7 cents per $1,000 of assessed value from the 2019 county tax rate.

Ryan commented on the management report section of the audit, stating, “We didn’t have any findings from the single audit and usually those are the most lengthy findings that we would have.”

She also said she found no significant issues.

One operational matter involving cybersecurity was identified, Ryan said.

“Our risk advisory services provide a little more of an in-depth look from the cybersecurity perspective, from that IT (Information Technology) perspective,” she said.

Barrett said Freed Maxick’s advisory group would be available to assist the county in addressing this issue.

“They’ve helped other clients in this area identify weaknesses and help them remediate and put together a plan of remediation,” she offered.

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