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County manager urges residents to take steps to conserve water on peak days this summer

By Mike Pettinella

Genesee County Manager Matt Landers said he is ready to do his part to conserve water this summer as all indications point to “another tight water season for us here.”

Echoing what County Engineer Tim Hens said in a report on The Batavian last month, Landers is urging residents to take steps to use less water as hot summer days near.

Speaking at the Genesee County Legislature this afternoon, Landers said a water conservation press release is going out on Friday, listing 10 “little things” that people can do to conserve.

“Demand is outpacing supply and on peak days, there is going to be a potential shortage,” he said. “So, just like last year (when) we asked our residents to hold back on doing certain things, we’re going to be asking residents to do the same this summer to help us get through, especially on hot days.”

Landers said that on there likely will be some days where the county will run short. He said it is “critical” for everyone to do their part.”

“I promised Tim that I won’t water my lawn this summer. So, I’ll do my part,” he added.

Conservation efforts last year from residents “stepping up and helping us out” resulted in a decrease in use of 300,000 gallons per day, Landers said.

“We’re asking for the same cooperation this summer as we work feverishly and hard to complete Phase 2 (of the countywide water project), which will give us a little bit of breathing room,” he advised. “As we all know, Phase 2 is delayed, largely due to COVID, and will be coming online next summer.”

de Blasio, county executives urge state lawmakers to return decision-making ability to local governments

By Mike Pettinella

New York Mayor Bill de Blasio this afternoon said the time is now to “to restore democracy” in the state as he gathered with members of the New York State County Executives Association for a press conference livestreamed via Zoom from the Dutchess County Village of Rhinebeck.

County executives convened to reflect upon their efforts in combatting the COVID-19 pandemic since the early days of 2020, and to let the public know about a book that chronicles the challenges they faced, called "Our Darkest Hours: NY County Leadership and the COVID Pandemic."

de Blasio spoke of the past, present and future as he urged lawmakers in Albany to loosen the restrictions tied to the pandemic and give county officials the unbridled ability to “do their jobs.”

“The fact is that something extraordinary happened in this last year and more because people worked together, and all of those notions that we get told all the time -- that we can’t work together across regional lines or party lines -- we’ve been disproving that through our actions,” de Blasio said.

The mayor called county executives “heroic” in fighting COVID – coming together and sharing their experiences and struggles.

“But it was not only COVID that brought us together,” he said. “This is the path that needs to be understood. We were already engaged. Sometimes it was to stop things that were not fair to our people (such as) when the state of New York tried to hoist Medicaid costs on us in a way that was unsupportable. We all banded together; it didn’t matter if you were Democrat or Republican, Upstate or Downstate.”

de Blasio said that COVID gave county leaders a “deeper kind of common cause.”

“We needed each other … to innovate together. Sometimes, we cried on each other’s shoulders a little bit because we were all going through so much,” he said.

He said county action over the last year reflects a model of what should be in the state and beyond – “where people can actually sit in a room in a true sense of fellowship. That’s what we experienced and it helped to save lives.”

Then he called upon the governor and legislators in Albany to “to restore democracy in the State of New York.”

“We need to restore local control. It’s time,” he said, adding that the progress against COVID represents a signal that localities have the ability “to do our jobs fully and navigate what we have to do now for our people.”

We are closest to our people, we hear our people, we meet them at the supermarket and on the corner. We understand and we need to be able to do our jobs again fully.”

de Blasio mentioned the spirit of cooperation among county executives, adding that it’s time to put COVID in the rearview mirror.

“We have to stop thinking through COVID because we’re defeating COVID. We have to start envisioning what we’re all going to do together in a new and better situation ahead,” he said. “We all talked about things like opening up our schools and all the other things that will people back to a normal life. We, as leaders, have to show that that path can and will be done.”

Marc Molinaro, Dutchess County executive and president of the NYS County Executives Association, said that in light of an emergency situation it makes sense to centralize decision-making.

“However, we’ve been through the crisis. We’re well along in responding to this emergency, and restoring that state and local balance is very much about restoring democracy,” he said. “Government closest to the people … is generally the most effective. And, you can’t from the second floor of the state capitol anymore than you could from a distant land, make decisions that for how to respond on the ground.”

He said Albany needs to rely on “the professionals in the local governments who have been given a great deal of authority … and have a huge amount of public health infrastructure to respond in these very moments.”

“Centralization of decision-making in one person, whether it’s the mayor, county executive or governor, is not good for very long.”

Molinaro opened the briefing by praising his colleagues for rising to the challenge presented by the pandemic.

“Many times, throughout these 16 months we have talked about seeing light at the end of the tunnel,” he said. “Well, we are in the light. Hope is on the horizon. Light has met darkness.

“We have seen not only the decline in hospitalizations, thankfully, and the slowing of the loss of life, but also vaccines are working and the positivity rate has been on a steady decline.”

To obtain a copy of the book, click here.

All proceeds will go to food banks across the state.

Driver, passenger arrested after pursuit and search that started in Oakfield, ended at Walmart

By Howard B. Owens
      Jason Fitzpatrick       Samantha Makar

A chase, a search, and a tip led to the arrest of two people Tuesday night after they were located at Walmart in Batavia.

The incident began with a chase on Route 63 in Oakfield.

A deputy on patrol spotted a Pontiac sedan traveling north at a high rate of speed, so the deputy turned around and attempted to catch the vehicle.

The deputy observed the sedan continue at a high rate of speed and pass a vehicle by crossing into the southbound lane. At that point, the deputy, in his marked patrol vehicle, initiated a pursuit with lights and siren.

The vehicle failed to stop and continued east on Route 262 and then north on Fox Road. At Fox and Maltby roads, the vehicle allegedly ran a stop sign and went into the air off the north shoulder of Maltby Road into a field.

The vehicle struck a tree and then continued northwest through the field. A backseat passenger jumped from the vehicle and complied with a deputy's commands.

The sedan continued northwest and entered a neighboring crop field. It allegedly damaged about $1,000 in crops.

The driver stopped the vehicle and the driver and remaining passenger fled on foot.

A vehicle search allegedly led to deputies finding scales with residue and an illegal weapon in the vehicle.

A K-9 was dispatched to assist in the search. That search led to a nearby residence.

Deputies received a tip that two people matching the suspects were given a ride to the Batavia Walmart.

Police responded to Walmart and located the suspects in the Walmart parking lot.

The driver was identified as Jason M. Fitzpatrick, 38, of Sweet Road, Howell, Mich., and the passenger as Samantha R. Makar, 22, of West Madison Street, York, S.C.

Fitzpatrick is charged with: criminal possession of a weapon, 3rd; unlawful fleeing of a police officer in a motor vehicle; criminal mischief, 4th; obstructing governmental administration, 2nd; and aggravated unlicensed operation. There was also a warrant for Fitzpatrick out of Michigan as a parole absconder.

Makar is charged with obstructing governmental administration and criminal possession of a weapon, 4th.

The weapon recovered was not described in the press release.

The third occupant of the vehicle complied with deputies' orders and was charged.

Assisting the in the incident were NY State Police, The Department of Environmental Conservation's K-9 unit, and Batavia PD.

Deputies involved in the incident included Jacob Gauthier and Jordan Alejandro.

Campbell: Inability to attract workers compels Chapin International to 'right size' Batavia facility's operations

By Mike Pettinella

Jim Campbell, president and chief executive officer of Chapin International Inc., says the current labor situation in New York State is forcing him to “right size” operations at the Batavia facility on Ellicott Street.

“I can’t get people to work and the way the state is going, I have to right size my operation in Batavia,” Campbell (photo at right) said by telephone this morning. “We’re moving equipment out of Batavia and it’s work that we’ve done here in the past. We’ve pulled out some of that equipment and moved that to Mount Vernon.”

The Mount Vernon that he mentions is the community in Kentucky where, last October, Chapin expanded its compressed sprayer operation by purchasing the 175,000-square-foot former Eagle Manufacturing plant in the Rockcastle Business Park.

The $5.495 million investment has produced positive results in the Bluegrass State as production and warehousing capacity has increased, Campbell said, adding that the company is looking to buy another 500,000-square-foot building about 30 minutes from Mount Vernon.

“On a daily basis, without advertising, we have five or six people just come to our door wanting work. They show up and we interview them right then,” Campbell said. “We’ll be up to 100 employees in Kentucky by February or March, so we’re more than halfway there already. People there are eager to work.”

A Different Story in Batavia

The same can’t be said for what is happening in Batavia, the home base of the company that produces and ships high-quality compressed air sprayers and hand sprayers. The firm’s origin dates back to 1884 when Oakfield resident Ralph E. Chapin set up the manufacturing plant in Batavia.

“(Eight months ago) all the production that we put in Kentucky was expansion and new machines that we purchased from an automotive company and moved them into Mount Vernon. We got those up and running,” Campbell said. “But now, we’ve removed some resin blow molders out of Batavia and moved them to Mount Vernon. Two of them are in production already.”

Campbell said that despite paying prevailing wages and offering referral incentives to employees, the Chapin plant in Batavia is suffering from a shortage of workers.

“We’re 20 to 30 people short every day although the pay scales (in Batavia and Kentucky) are exactly the same -- $22 to 23 an hour – with entry level people starting around $14 to 15 an hour,” Campbell said, noting that overall, the number of employees in Batavia is down from a desired 285 to about 240.

He attributes the problem to unemployment insurance and other New York State mandates that are hampering the business community.

“The additional $300 a month that the federal government is giving (is a key factor) plus people can get health insurance free for six months,” Campbell said. “We have a great benefits package – health care, 401(k), vacation -- but entry-level people can make the same amount of money with the bonus money that the federal government is giving as coming to work, so people don’t bother. Or they’re not interested in staying. They come for a couple days and leave, and get back on unemployment.”

Extended Unemployment Hurting Business

Campbell put the blame squarely on the state Department of Labor.

“Unemployment isn’t like what it was in the old days when we thought about it. If you quit your job, you couldn’t get unemployment for six or eight weeks – or if you got fired – now they just give it to you, no matter what. Plus, the unemployment people – I hate to say it – aren’t doing their job,” he said.

“Back in the day, you had to look for work to get unemployment. You had to say, ‘I went here, I went there.’ Well, nobody does that anymore. You get whatever it is – number of months, weeks – and you’re all set.”

He said that four or five employees have taken advantage of the company’s offer to give them a $1,000 bonus by referring someone who joins the Batavia workforce and stays for 90 days, but it’s not enough.

“The situation is definitely affecting our shipments. Our people are pretty productive – the ones who are there – but we can’t build as much as we want, especially on second shift,” he said. “We’re shutting machines down every day that we have orders for. We’re a company that prides itself on shipping on time … we have a tremendous backlog now. I can’t even dig into my backlog.”

Other Factors: Sick Leave, HERO Act

Campbell also mentions the state’s new sick leave policy and the HERO (Health and Essential Rights) Act as obstacles.

“(Gov. Andrew) Cuomo’s a vindictive guy; you hate to say too much, you know, but a few months back they put in a sick leave policy where everyone gets 56 hours of paid sick leave,” he said. “We negotiate all of those things, and that will be negotiated in the next contract, of course.

“Fifty-six hours is way more than anyone ever took, but now it’s like vacation time and it’s paid 100 percent. When you’re running production lines and people don’t give any notice that they’re not coming in, it just shuts equipment down, other people don’t have work. It’s just a terrible situation.”

He called the HERO Act “a horrible thing” for companies outside of the public healthcare arena.

“We take care of sanitation and other things, but supposedly this was for permanent airborne disease – trying to stop it in the future,” he said. “We’re taking something that is applicable to hospitals and old folks’ homes and applying it to manufacturing. The thing goes into effect the first week of June and we don’t even have the laws from OSHA (Occupational Safety and Health Administration) yet saying how it affects manufacturing, in general.”

Then, there is the matter of taxes.

“And now Cuomo is saying he’s going to raise the taxes on businesses in New York State. It’s getting impossible. First, we don’t have people. Wages are … we’re in an inflationary period no matter what anybody says. I don’t care what the federal government says,” he offered.

Campbell said costs of raw materials, such as high-density polyethylene, which has gone from 58 cents a pound to more than $1 a pound, are up considerably and those increases get passed on to the consumer.

More Equipment is Heading South

What all this means is that more blow molders will have to be relocated from Batavia to Kentucky, reducing the number here to about eight, Campbell said.

“In Batavia, we had 15 blow molders – some with five heads that can build five sprayer models at a time and some with two, three or single heads,” he said. “The single-headed ones, which are less efficient, I moved those to Kentucky. Then, a month ago, I moved a three-headed blow molder, and in another month, I’ll move a sister machine to Kentucky.”

For a company firmly entrenched in Genesee County for so long, the labor trend is unsettling, Campbell admitted.

“In the end, we’re a high-volume, low-margin business that makes millions and millions of sprayers per year. But they’re not big margin. You’ll see us spending a lot more money on automation,” he said. “I’ve been the president now for 17 years and I’ve never laid one person off due to automation or business reasons because we’ve grown every year.”

Until more potential workers come knocking on the door at the Chapin Manufacturing facility at 700 Ellicott St., Campbell said he has to ensure that he’s “right sizing it to the amount of people I can get.”

“This is where Chapin would like to keep the headquarters,” he said. “We’re staunch allies of Batavia and Genesee County. New York State? Not so much.”

Previously: LIVE: Interview with Bill Campbell, VP, Chapin International

Previously: Chapin Manufacturing CEO says Kentucky investment continues 'expansion of organic growth'

Batavian launches drive to put disc golf at a city park

By Mike Pettinella

According to Wikipedia, as of February 2020, the United States was home to 6,652 known disc golf courses – including 130 in New York -- on the official Professional Disc Golf Association course directory.

And more and more are on the way, says Batavia resident Phillip Boyd, who is hoping to persuade City Council to let him and other enthusiasts of the outdoor sport set up a course on a city park.

“Bergen has one and Pembroke has one. There are so many parks in the (Batavia) area where you could fit a nine-hole course,” Boyd said Monday night as he presented his idea at Council’s Conference Meeting at City Hall, “The popularity of the sport is on a huge rise. COVID might have destroyed a lot of things, but it made the popularity of disc golf insane.”

Boyd, 27, (photo above), played soccer, hockey and lacrosse while attending Batavia High School. He said he became hooked on disc golf about three years ago, but wished he would have started much earlier.

“But since then, I’ve fallen in love with the sport. Last year, I put over 100 rounds in just the summer alone. It’s just a great sport,” he said, adding that the walk through the course provides decent exercise.

A former regular golfer, Boyd said disc golf is a “cheaper way to do the same thing.”

He advised Council members that he and his friends could get a course up and running in about three weeks and it wouldn’t cost the city anything.

“At pretty much all of the courses, they go out to different restaurants or stuff to sponsor a hole. They (businesses) will pay the money for the actual basket … and then the people that want to do it will put it in,” he said. “So, pretty much I just need permission at whatever park is possible to install everything – the tee pads and the baskets.”

Boyd said Centennial Park would be the preferred location, noting there is room there for an 18-hole course but he would be satisfied with a nine-hole course.

“A nine-hole would be easier – not as in the way for people walking their dogs,” he said.

He explained that players toss a Frisbee-like disc from the tee area toward the basket (hole), which has chains on it.

“The object is to throw the disc into the chains and have it (disc) fall into the basket. That’s how you make the hole,” he said.

Scoring is similar to regular golf – the least number of throws, the better.

Boyd said that Buffalo and Rochester are putting up several new courses this year.

“They’re going up everywhere.”

City Council President Eugene Jankowski Jr. suggested that Boyd work with City Manager Rachael Tabelski on the details and that she could report back to Council.

“Maybe that would be something we could consider,” Jankowski said. “I think it is a great idea – present it … and we’ll go from there.”

Boyd said his hope is that the course would be a permanent part of the selected park and offered as another benefit to residents.

The basket with chains serves as a typical "hole" for disc golf.

City Council inclined to accept Casella Waste System's free trash pickup offer but invites public input

By Mike Pettinella

The Batavia City Council is leaning toward the “let’s try it and if it doesn’t work out, we’ll end it” approach to an offer by Casella Waste Systems of New York to empty the trash receptacles at city parks and downtown at no charge.

Batavian Jeff Pero, Casella’s Batavia Division general manager, previously had reached out to City Manager Rachael Tabelski with the proposal that allows Casella crews to service the parks on a daily basis and downtown on a weekly basis in return for letting the company paint the receptacles (dark blue) and place a sign on them, stating “Serviced by Casella Waste.”

At tonight’s Conference Meeting at City Hall, the board agreed to move a resolution to enter into a contract with Casella to its June 14 Business Meeting for a formal vote. After a brief discussion on the matter, the consensus was to take the business up on its offer and if things don’t proceed as expected, it would use a clause in the pact to terminate it.

Council Member John Canale said he had three concerns with the plan.

“If we allow them to do this and we enter into this agreement … does that mean we’re not asking the citizens then to carry in and carry out? Does this cancel that out?” he asked.

Tabelski said the "carry in, carry out" policy will apply to use of the pavilions at the parks.

“So, when you use a pavilion on the weekends, we’re not doing rentals and we’re not approving overtime of DPW (Department of Public Works) staff or park staff,” she said. “However, we still have garbage cans in the parks around the playground areas and high use areas – which is what they would service.”

Canale that brought up the fact that Casella wants to label the trash cans with the “Serviced by Casella Waste” sign.

“I don’t have a big problem with that, I just don’t want to set a precedent that where other organizations may want to volunteer their services and put up some type of advertisement in the park as well … I don’t want our parks to become a billboard,” he said.

His final issue was what happens if things don’t go as planned.

“If we enter into this agreement and find out that it’s not what we thought it was, do we have a clause in there that we can cancel that agreement at any time?” he asked.

Tabelski said the contract could be cancelled without cause with a 60-day notice and immediately if either party defaulted in any manner.

Council members Rose Mary Christian and Patti Pacino shared that they have received calls from several residents who are against the idea due to poor service from Pero’s former business, Trash Away.

Council Member Paul Viele informed them that Casella is a separate company and that Pero works for the Rutland, Vt.-based enterprise.

“And I think it’s a great idea that they they’re picking it up for free. Thank you,” he said. “If it doesn’t work out, we’ll figure something out.”

Canale agreed to not judge the new company on the past, stating if a problem does arise, Council will address it.

Christian said that she is a Casella customer and said “they’re very reliable.”

Casella’s offer will mirror what is currently being done by DPW staff at the parks and downtown.

Following the meeting, Council President Eugene Jankowski Jr. said nothing has been finalized at this point.

“The process is still ongoing and there’s still now a two-week period of time for the public to weigh in,” he said. “It appears that the public has weighed in so far – and talking about the former company and the former concerns they had with the former company. This is not the same thing, It’s a different company now.”

He said that the impression he got from Council’s comments is that the new company should be given a chance.

“It’s not the same company that people are upset with. However, there still is time for the public to weigh in and if they have a concern, contact your Council member. We won’t be voting on it officially until next meeting.”

In other action, Council moved two other resolutions to the Business Meeting next month:

  • Using $69,700 from the appropriated parking lot reserve fund to pave the Center Street lot ($50,000), Lions Park lot ($12,500) and Canale lot west of 240 Ellicott St. ($7,200).

“For the record, that (the Canale lot) has nothing to do with me. It’s the old Canale’s bar,” Canale said, drawing a laugh.

When asked if COVID-19 relief funds could be used for this project, Tabelski said it likely wouldn’t happen for this one – “We don’t have all the rules and regulations,” she noted – but said the might be able to appropriate some of that money for future paving projects.

Williams Park is on the city’s paving scheduled for 2022-23.

  • Appointing five people to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

CALLING ALL PARADE PARTICIPANTS

Bialkowski issued a call for veterans groups and others to participate in next Monday’s Memorial Day Parade, which will start at 9:45 a.m. at the Eastown Plaza.

“We’ve sent out a lot of invitations but the RSVPs are very poor so far this year,” he said. “I’ve only got about a dozen back so far.”

He added that the Batavia High School band will be in the parade, with marchers including law enforcement and fire personnel. He said he believes there will be some pipers and is hoping for Mighty St. Joe’s Drum & Bugle Corps to take part as well.

“We have vehicles lined up for veterans who want to ride,” he said.

Bialkowski can be reached at (585) 409-3624 or at bbwski@yahoo.com.

Previously: City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district

Batavia and Notre Dame hockey programs talking merger

By Howard B. Owens

One of the most storied rivalries in Section V hockey could come to an end as soon as next season if the Batavia Ice Devils and the Notre Dame Fighting Irish become a single team.

Team coaches presented the proposal to the Batavia City School District Board of Trustees tonight and the board gave both programs permission to continue exploring the idea of a merger and drafting a five-year agreement for Batavia-Notre Dame hockey teams at the junior varsity and varsity levels.

The concept has already been approved by the Notre Dame Board of Trustees.

Tonight, by consent, the Batavia board authorized the talks to continue between coaches and athletic directors. If a final agreement is reached, a final resolution will be presented to approval for both boards. Section V must also approve the merger.

If approved, it is likely that Marc Staley, who has coached Notre Dame for 21 years, would be the varsity coach of the merged teams. John Kirkwood, 14 years with Batavia, would be the assistant coach. And Brennan Briggs, varsity football coach and a coach with Batavia hockey, would be the JV coach.

"We think we can build a community," Batavia Athletic Director Mike Bromley told the board. "It’s more than Batavia and Notre Dame. It’s a community."

Batavia has been merged with other schools in the county for four years. Those mergers would end if this proposal is approved.

One of the big concerns both for coaches and board members was what happens to the six hockey players who do not attend Batavia High and have been members of the Ice Devils. Those players go to school in Alexander, Elba, Le Roy, Oakfield-Alabama and Pembroke.

Staley and Kirkwood both made assurances that all six players will be "grandfathered" into the Batavia-Notre Dame team and Staley said all six, given their experience and ability, will be integral parts of the merged team for the next season or two. 

"All six players are going to be impactful players at the varsity level," Staley said.

Both Staley and Kirkwood said that their teams have been playing at a disadvantage against larger Monroe County schools, including merged programs, because filling out a complete varsity roster means putting seventh-, eighth-, and ninth-graders on their teams.

That is also a safety issue, Staley said. 

"We just come to the conclusion that relying on seventh- and eighth-graders, and ninth-graders who are ill-prepared, and putting them on the ice, how do we answer this as a board, as adults, as administrators, if a seventh- or eighth-grader gets seriously injured in a hockey game because he’s hit by a kid who six-foot-four, 220?" Staley said. "We’ve got some real questions. Why are we putting these kids here and for what reason?"

Bromley said there are 24 hockey teams in Section V and 12 of them are merged programs. Few if any of those programs are putting players who should be playing JV in varsity uniforms.

The merger would create a JV program that would allow players to develop and become better varsity players.

It might even mean -- if enough kids sign up -- that the schools could have a modified program, creating the same sort of pipeline that Briggs has created with Blue Devils football leading to repeated sectional championships.

For the most part, parents and players have been receptive to the idea, both Staley and Kirkwood said.

There have been parents who have objected to the idea that their kid as a ninth-grader was on varsity and now will likely play JV as a sophomore but Staley said his counterargument is that at least they will get to play.

“To be an eighth-grader or ninth-grader and get to wear your jersey to school on game day and know darn well you’re probably not going to see a shift is a little different than going to school in your jersey knowing ‘I have a JV game. I’m playing tonight,' " Staley said.

Briggs said his JV-playing nephew can't wait for the merger. He's excited, Briggs said. His nephew knows if it happens he is going to get a chance to play every game and that he will play at a level throughout his prep-hockey career that he will compete every season for a championship.

There is an issue a team name. Ice Devils, or perhaps, Irish Devils, won't wash with a Catholic school. Blue Shamrocks or Ice Angels seem like nonstarters, too, but in response to a question from Trustee Shawna Murphy, there probably won't be time to poll the community. That's because the time frame is short for getting Section V approval and ordering new uniforms for both varsity and JV. The team name is a pending question.

Whatever the name, Staley is convinced the community will embrace the new team -- a club that is ready to compete at the varsity level with McQuaid or Victor or Pittsford. 

"We haven’t had that building filled with 500 people all cheering for the same team for 25 years," Staley told the board.

Judge Zambito unable to hold Batavia man who has been arrested repeatedly

By Howard B. Owens
         Devon Wright

Judge Charles Zambito expressed frustration today -- frustration he and his colleagues on the bench throughout New York share -- that when considering bail for a defendant, he cannot weigh the potential threat the defendant represents to the community. 

District Attorney Lawrence Friedman had just asked that Devon A. Wright be held without bail in the Genesee County Jail citing his recent felony arrest on top of two criminal indictments already pending.

Since Zambito couldn't send Wright to jail or increase his present bail (he is out of jail on bail), the County Court judge ordered the 19-year-old to undergo a mental health evaluation within the next three weeks, not consume drugs or alcohol, stay in his own residence from 9 p.m. to 6 a.m. (thereby prohibiting him from staying at his girlfriend's house), and avoiding any confrontation with police, who will have blanket permission to search him or his residence at any time.

Since turning 18 in 2019, Wright has been charged with crimes ranging from larceny and assault to sexual misconduct.

In the past 20 months, Batavia PD has reported the following arrests:

It's the most recent arrest that prompted Friedman to ask Zambito to order Wright held without bail.

Friedman said that he was more concerned about Wright's willingness to make future court appearances given his growing list of unresolved criminal charges.

Attorney Nathan Pace, recently assigned to represent him after Wright's previous attorney resigned from the case, argued that there was no reason to doubt Wright won't make future court appearances since he has made recent court appearances. Pace said he represented Wright in other matters two years ago and the defendant made his appearances then. He also said he and his client dispute the facts of the recent arrest. He also said Wright will become a father in a few months and is looking forward to the baby's birth and that he will start a job at a Batavia gas station on Monday.

"I believe he will continue to appear in court," Pace said.

Friedman countered that it is meaningless that the defendant denied wrongdoing in the new cases. That's what defendants do at this stage of proceedings. Friedman said it was more relevant that Wright is accused of resisting arrest and fighting with police officers. 

Zambito opened his remarks by saying it was difficult to agree with the desire of Pace to keep his client out of jail, but that New York law limited what he could do to hold Wright in custody. 

"It's impossible under the current bail reform laws," Zambito said. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested. 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

He said he was going to order a mental health evaluation and Pace agreed that is a good idea. 

"As his previous attorney said, 'something is not right in his head,' " Pace told Zambito.

As Zambito issued his order, Pace emphasized to Wright that he can't go out of the door of his house after 9 p.m. and before 6 a.m. and that he must cooperate with police when he encounters them, even when they show up to search his house. 

Zambito added, "they're going to show up at your house and you can't fight with them, you can't resist them."

Wright is also not allowed to leave Genesee County while his cases are pending.

Law and Order: State Street teen accused of providing indecent explicit material to a minor

By Billie Owens

Ermonie R. Schichler, 18, of State Street, Batavia, was arrested at 10:40 a.m. on May 17 and charged with disseminating indecent material to a minor in the second degree and endangering the welfare of a minor. It is alleged that she sent sexually explicit photos to a minor over a period of time. She was arraigned via Skype in Batavia City Court, then released on her own recognizance. She is due back in court later this afternoon (May 24).

Daniel J. DiFransecso, 39, of Libarty Street, Batavia was arrested at 5:48 p.m. May 9 and charged with second-degree harassment. It is alleged that on that day he verbally threatened to kill a person while banging on their window with a hockey stick. He was issued an appearance ticket for May 18 in Batavia City Court.

Robert Wood, 30, was arrested by Batavia Police Officer Peter Post at 3:45 p.m. May 19 in the City of Batavia (no address provided) and charged with first-degree criminal contempt. It is alleged that he had contact with a female who has an active stay away order of protection against him. Wood was arraigned in Batavia City Court and jailed without bail. He was due to return May 20.

Darren Ayrhart, 52, of North Main Street, Albion, was arrested at 8:45 p.m. May 19 and charged with first-degree criminal contempt and second-degree burglary. It is alleged that he violated a stay away order of protection against him after a domestic incident on Dellinger Avenue in the City of Batavia. He was put in jail; no bail status provided. Ayrhart is due in city court on May 27.

Justin Thagard, 32, was arrested at 12:54 a.m. May 11 for violating a court order of protection by being in the presence of the protected party -- he was allegedy found inside their vehicle during a traffic stop in the City of Batavia. Thagard was arraigned in Batavia City Court then put in jail on $2,500 cash bail or $5,000 bond or $10,000 partially secured bond.

Eladio A. Wattles, 23, of Hutchins Street, Batavia, was arrested at 5:10 p.m. May 16 and charged with second-degree criminal contempt. It is alleged that he violated an order of protection by sitting inside a vehicle with the protected party. He was arraigned in Batavia City Court then released under supervision of Genesee Justice. He is due back in court June 24.

Adam T. Shipwash, 41, of West Main Street, Batavia, was arrested at on May 19 on a warrant out of Batavia City Court and charged with petit larceny. It is alleged that at 9 p.m. April 8 Shipwash stole money from a person on West Main Street. He was arraigned in Batavia City Court then released on his own recognizance. He is due to return to court June 17.

Michael L. Jackson Jr., 40, of East Main Street, Batavia, was arrested at 1:36 p.m. on East Main Street and charged with petit larceny. It is alleged that Jackson stole merchandise from a grocery store and was still present in the store's parking lot when a Batavia police officer arrived. He was taken into custody without incident then released on an appearance ticket for May 25 in Batavia City Court.

Genesee County's vexillologist updates legislative committee on status of flag design contest

By Mike Pettinella

As a vexillologist since childhood, Genesee County Planning Director Felipe Oltramari knows more than a thing or two about how flags should look.

He shared some of his knowledge on the study of flags earlier this week during a discussion with the county’s Ways & Means Committee about the progress of a public contest to find a replacement for the current Genesee County flag – a blue banner that features the county seal in the middle with the words Genesee County above and Founded 1802 below in block letters.

“One of the no-no’s for flags is never to put words on them,” Oltramari said, admitting the county flag has ruffled his feathers to a certain degree. “Flags are symbols, and they’re not supposed to say things. Especially when they’re flying … you really can’t read them so it makes no sense.”

Oltramari said he became hooked on flags since his elementary school days after seeing pictures of them on the inside cover of a dictionary.

“I’ve been a flag bearer all my life,” he said. “I memorized them and to this day, I’m very good. I like going to GCC, where all the flags are hanging … and I can name them all. It’s fun.”

He explained to the committee that the international and national vexillology associations took their name from the word vexillum, which is Latin for the flag-like object used as a military standard by units in the ancient Roman Army.

When the county embarked on a comprehensive plan update and the Genesee 2050 project associated with it, Oltramari took that as an opportunity to get citizens involved by holding a design contest to update the flag – with categories for adults and children.

Online voting on the five finalists in each division ended on April 30 – resulting in first-place designs pending approval by the legislature before results are released to the public. Oltramari said using the county seal on the new flag is allowed.

Should the designs receiving the most votes move forward (and that is uncertain at this point), Oltramari suggested drafting a commendation and making a presentation to the children’s category winner.

He also thought it would be proper to make the children’s flag the official county flag for a day and fly it outside.

“After that, it would be put in the Genesee County History Department as a display,” he said. “It would be an extra cost to have that flag printed but I thought it would be a nice gesture.”

According to a press release from the county about the flag contest, those who voted online have a chance to win free shelter reservations at DeWitt Recreation Area and the Genesee County Park & Forest for the upcoming season.

Voters were automatically entered into the drawing by voting for one of the flag designs and by filling out any of the Genesee 2050 surveys. The more surveys someone completed, the more chances that person had to win.

To see pictures of the five finalists in both categories, click on the Previously link.

Previously: Vote for a new Genesee County Flag -- one created by an adult AND one by a child

City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district

By Mike Pettinella

Batavia native Jeff Pero, in his position as general manager of Casella Waste Systems of New York’s Batavia Division, said he counts it a privilege to be able to support his community by offering free trash pickup at city parks and downtown.

“Being part of this community for 37 years, I’ve been given a lot and met a lot of great people, and I saw this as an opportunity for myself and Casella to give back in a small way,” said Pero, about the Rutland, Vt.-based company’s proposal to empty the trash at the city’s nine parks on a daily basis and throughout the downtown business district once a week.

Pero said he read that Batavia was going to a “take in, take out” policy and contacted City Manager Rachael Tabelski to extend Casella’s services at no charge.

“In my opinion, it takes time for the community to understand that new policy, so that’s kind of why I reached out to Rachael and the city,” he said. “Also, Casella is all about community involvement … and felt that this would be a nice gesture, and it’s a chance to let residents know that we are there for them.”

According to a memo dated May 17 from Acting Public Works Director Ray Tourt to Tabelski, in exchange for Casella servicing the parks on a daily basis and downtown on a weekly basis, the city would provide trash bags for the parks and allow Casella to repaint the trash cans in the parks and place a sign on the receptacles, stating “Serviced by Casella Waste.”

Tabelski, in turn, drafted a resolution that is on Monday night’s City Council Conference Meeting agenda that would forge a partnership between the city and Casella through Nov. 30, with the potential for two one-year renewal periods after that date.

Should City Council agree with the plan, the resolution would be forwarded to its next Business Meeting in June.

Pero sold his Trash Away business (that he owned with his brother) to Casella in September 2019, and in the process, accepted the general manager position for Casella’s Batavia Division. He said that seven trucks, operating out of an office on Apollo Drive, handle refuse collection in the division’s two counties – Genesee and Livingston.

Also, on Monday’s agenda:

  • A draft resolution that would authorize using $70,000 from the appropriated parking lot reserve fund to pave the parking lots on Center Street, Lions Park (off Wallace Street) and Canale (west of 240 Ellicott St.).

The respective costs are $50,000, $12,500 and $7,200 for a total of $69,700.

In a memo to City Council dated May 15, Tabelski indicated that resurfacing of these lots is part of a strategic plan to maintain parking lot and sports surfaces. Paving of the Williams Park lot is scheduled for fiscal year 2022-23.

  • Several event requests for this spring and summer, including:

-- Just Kings BBQ (May 29 at Williams Park);

-- Blue Pearl Yoga in the Park (June 1-Sept. 30 at Centennial Park);

-- GLOW OUT 5K run (June 10 at Centennial Park) and parade (June 12 at Batavia City Centre parking lot);

-- Home to Home Concert (July 3 at Jackson Square);

-- Genesee Symphony Orchestra 75th anniversary kickoff (July 17 at Austin Park).

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On another City of Batavia matter, the Planning & Development Committee this week recommended changing the zoning of a parcel at 211 E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to accommodate the demolition and subsequent construction of the GLOW YMCA/United Memorial Medical Center’s Healthy Living Campus.

PDC Chair Duane Preston said a letter was sent to City Council, which will vote on the zoning change at a future Business Meeting.

Council had referred the matter to the PDC for its opinion after receiving a request from the project manager to change the zoning so that it falls in line with the two other affected properties.

Alabama accused of illegally possessing two revolvers

By Howard B. Owens
          Marc Cook

An Alabama resident was arrested Friday morning after members of the Local Drug Task Force searched his home and allegedly found brass knuckles, "kung fu stars,"* and two revolvers.

Marc C.J. Cook, 30, of Church Street, Alabama, is charged with five counts of criminal possession of a weapon, 3rd, and two counts of criminal possession of a firearm.

The task force obtained a search warrant based on an ongoing investigation of Cook into possession of illegal firearms.

Cook was also taken into custody on two warrants. One, out of the City of Batavia, was based on a charge of criminal use of drug paraphernalia, 2nd, and the other was a Family Court warrant on an alleged Family Court violation.

On the weapons charges and the city warrant, Cook was released under the supervision of Genesee Justice. On the Family Court warrant, Judge Charles Zambito, based on state guidelines, set bail at $100.

The task force was assisted by uniformed deputies, the State Police response team, and the District Attorney's Office.

*A shuriken (Japanese: 手裏剣; literally: "hidden hand blade") is a Japanese concealed weapon that was used as a hidden dagger or metsubushi to distract or misdirect. They are also known as throwing stars or ninja stars, although they were originally designed in many different shapes.

Genesee County Career Center director: Many reasons for employee shortage; expect things to change this fall

By Mike Pettinella

Help wanted.

If you’ve been driving around lately, no doubt you’ve been seeing those words plastered on signs on the windows of numerous businesses.

The perception that people aren’t entering the workforce because they are receiving extended unemployment checks is partly valid. But there are other reasons while business owners are pulling their collective hair out trying to find employees.

Theresa Van Son, (photo at right), director of the Genesee County Career Center (Job Development Bureau), indicated as much earlier this week as she reviewed her agency’s 2020 activity to the Genesee County Legislature’s Ways & Means Committee.

“I think that (enhanced unemployment benefits) are part of the issue,” she said, “but I think there are other things that are affecting it as well."

Two of those “things” are the parental need to take care of their children in a remote or hybrid school setting and the New York State Department of Labor being too busy to track if the unemployed are seeking work.

“If schools aren’t fully back again, those parents may not have those options (for childcare) so they may be wanting to stay on their unemployment,” she said. “Another piece of it is when you register for unemployment every week, you have to say that you’re ready, willing and able to work and that you’re doing job search activities. But, right now, the Department of Labor is focused on, still, processing all of those claims and nobody is checking that.”

Van Son said she expects job seeking to “kick into high gear in September when everybody is scrambling to find a job and they don’t have that extra money (when federal unemployment insurance runs out).”

“And we’re prepared for that. We’re doing everything we can to assist local businesses who are looking to find job seekers. You see the (help wanted) signs everywhere. The outlook right now for businesses is that they will look at any candidate,” she offered.

She said that those out of work and receiving benefits are required to come to her office at the Eastown Plaza “to do employment activities and they’re not doing that right now.”

In looking back at 2020, Van Son said the COVID-19 pandemic is putting a huge dent in revenues.

Noting that Genesee County does not directly fund the services of the Job Development Bureau, she said she anticipates a funding shortfall of $70,000 this year compared to 2020. That mostly stems from lost income from the agency’s access contract with New York State Department of Education and its Working To Success program with the Genesee County Department of Social Services.

“It certainly has been a year of challenges and we are justly proud of the work the Job Development Bureau Team has accomplished during the unprecedented time …,” she reported. “We have modified programs, rearranged our space, and adapted plans and schedules multiple times, while adjusting to telework and a virtual environment.”

She said she has cut back on expenses wherever possible, with the plan to use $70,000 of reserves to offset the deficit. Currently, the agency’s cash on hand is about $92,000, she reported.

As far as staffing is concerned, Van Son said three of her five employees are “provisional” and another is of retirement age. She said she hopes all will be staying on for a while longer.

The news wasn’t all gloomy, however, she said, mentioning the cross-training of employees (no more specialized counselors for adult, youth and access) and the signing of a new five-year lease.

“Upgrades were negotiated to increase our building security,” she said. “We added a bathroom off the resource room, which will allow us to limit building traffic, we installed an emergency exit in the back of the building, and we have new carpeting.”

Van Son also said the department has met all contract requirements two months in advance, is “exceeding all of our benchmarks and performance measures” and is serving more citizens than ever.

Other highlights of her report are as follows:

  • The agency financially supported 32 people enrolled in occupational training, providing $53,400 for tuition, books and other items. Sixteen more dislocated workers received nearly $35,000 using Trade Act Assistance, which has increased dramatically due to the closing of several local trade-affected businesses. And another 21 people received around $36,500 in work training subsidies as they embarked upon new jobs in the county.
  • Thirty-seven youth in jobs at 25 local businesses and nonprofit agencies were subsidized with more than $56,000 in wages during the summer program. The agency began a work ethic awards process and 90 percent of participants received awards. Additionally, two youths were hired into ongoing unsubsidized employment at the end of the summer.
  • Five job fairs were conducted, connect 130 job seekers to 56 employers that attended the fairs. Virtual job fairs, however, had to be cancelled due to a lack of registrations.
  • The GLOW Workforce Development Area is receiving an increase in funding for this year from the Workforce Innovation and Opportunity Act Grant. It includes a 33-percent increase for dislocated workers, offsetting slight reductions in funds for adult services and youth services. This contract covers salary, fringe, equipment, and operational expenses for WIOA services, which make up 66 percent of the Career Center’s annual budget. 
  • The Job Development Bureau was awarded a five-year contract with NYS Department of Education ACCES-VR to provide Assessment, Work Readiness Services, Job Development and Placement Services, and Work Experience Services. The contract is for a maximum of $102,100 per year. Van Son said referrals to the program have been low during COVID-19, resulting in the agency being $46,560 behind on planned revenue.

Batavia Town Board signs off on engineering piece of plan to widen Route 98, north of Thruway

By Mike Pettinella

The Batavia Town Board on Wednesday night voted in favor of a resolution supporting the initial phase of a five-year plan to widen Route 98 (Oak Orchard Road) and possibly to construct a roundabout at the intersection of West Saile Drive, north of the New York State Thruway interchange.

The town has entered into a “federal aid local project agreement” with the state Department of Transportation – a contract that calls for 80 percent of the work to be paid through federal funding and the other 20 percent to be paid with town money.

Per the resolution, the town board authorized and approved the preliminary engineering phase of the project at a cost of $187,000, with $149,600 to be reimbursed by federal aid and $37,400 as the local share.

Town Engineer Steve Mountain indicated the municipality will handle at least 50 percent of the project design and engineering in an effort to keep some of the funding in the town’s coffers.

Mountain said he anticipates the work being completed in 2023.

In other action, the board:

  • Approved a proposal from Western Regional Off-Track Betting Corp. to pay the town for additional property enhancements in connection with the Park Road Reconstruction Project scheduled for this fall.

The project, which will rehabilitate the road from Lewiston Road (Route 63) to Oak Street (Route 98), will improve traffic and aesthetics for those coming to Batavia Downs Gaming and its hotel, as well as other businesses in that section of the town/city.

In March, WROTB directors passed a resolution in favor of payment to the town of up to $395,000 for the installation of sidewalks, a promenade, tree-lined area, street and parking lot lighting, landscaping, road work, valet improvements and infrastructure.

Major work to be contracted out by the town includes new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road; pavement overlay and sidewalks on one side of the road from Richmond Avenue to Route 98, and new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Requests for bids for the state-funded venture are expected to go out in August.

  • Passed a local law establishing a Town of Batavia Remote Work Policy following a public hearing on the matter (at which no one from the community spoke).

“We’re committed to working remotely as a majority of our staff has been doing that, so we just needed to consolidate what we propose and advise to make sure that everyone is doing what is appropriate,” Supervisor Gregory Post said.

Filed the with the Department of State, the document outlines guidelines, terms and conditions for town employees who work from a location other than our offices and provides an agreement between remote work employees and their department head.

Sections of the policy include eligibility (getting prior approval, subject to a list of stipulations); work expectations; schedule; equipment (computer, software, cell phones), and insurance/compensation/benefits.

  • Agreed to the issuance of serial bonds not to exceed $500,000 to purchase a jet/vacuum truck for the highway, water and sewer departments. The expense would be added to the town budget, potentially to be part of the tax levy.

State comptroller's office reports that Genesee County 'adequately assessed the impact' of COVID-19

By Mike Pettinella

Anyone who has followed Genesee County government proceedings over the past 14 months is aware that the municipality has been focused on limiting the negative effects of the COVID-19 pandemic on its economic and public health.

The county took numerous steps to mitigate the impact on its bottom line, including reducing contributions to outside agencies, freezing new hires, instituting furloughs and holding off on previously scheduled capital projects.

It also, through the health department, has kept a close eye on coronavirus positivity rates and has been diligent in the testing and (now) vaccinating of its residents.

As a result of these measures, county leaders have learned that the Office of the New York State Comptroller Thomas P. DiNapoli gave a passing grade to Genesee County’s strategic planning in an “Adequacy of 2021 Budgets” review released earlier this week.

The report’s “key finding” was that county officials adequately assessed the impact of the pandemic on financial operations while developing estimates for significant expenditures in the 2021 adopted budget.

Going forward, the review’s recommendation can be boiled down to “keep doing what you’ve been doing," as follows:

In consideration of the continually new and evolving impacts caused by the pandemic, County officials should carefully monitor their budgeted-to-actual revenues and expenditures and make amendments to the budget as needed throughout the year.

County Manager Matt Landers (photo at right), said he and his staff, in concert with the Genesee County Legislature, took a “commonsense approach” to preparing the 2021 budget – recognizing early that things were going to be much different as the coronavirus pandemic took hold and analyzing any and all data and information to make educated decisions.

“Genesee County put together the 2021 budget using honest, conservative and realistic estimates,” he said. “We are happy to see that the Comptroller’s Office agreed with our process, and agree that we must continue to monitor the actual results in 2021 as compared with our budget, which is something we do every year.

“The county took very conservative cost-cutting measures in 2020 leading up to the 2021 budget, including instituting a hiring freeze, furloughing county employees and putting off capital projects. These proactive 2020 moves put us into a better position to weather the difficult 2021 budget."

County Legislature Chair Rochelle Stein also said the conservative approach worked well in finalizing a $143,712,993 overall budget ($110,276,137 general budget) and reaching a property tax rate of $9.80 per thousand of assessed value – 31 cents less than the 2020 tax rate. About $2.4 million was appropriated from the county’s fund balance to balance the budget.

“The strategy that Matt and the legislature employed was one of very clear, concise and transparent communication,” Stein said. “Matt has provided to the legislature, in his reports and updates during that budget process, every piece of information that we could glean from the New York State Association of Counties, Office of the State Comptroller, daily conversations that the governor held – every place that we could possibly pull information from – along with all of our department heads and outside agencies.”

Stein said she is “proud” of the job that Landers, his team, department heads and outside agencies did in putting the budget together “because we used the best information that we could possibly have at that time.”

Landers said the county continues to face challenges as it deals with circumstances and situations coming out of the pandemic.

“We are bracing for additional state budget cost shifts as we work on Phase 3 Water Project to ensure water supply keeps up with demand and as we seek to fund the new county jail,” he said.

The Office of the Comptroller selected 20 municipal governments in New York for budget reviews, noting it sought to understand how municipalities worked through difficult times and understanding that the pandemic affected local governments at different levels.

Click here to read the full review.

BID spruces up Downtown Batavia with 111 banners

By Mike Pettinella

Calling it “a huge collaborative effort,” the executive director of the Batavia Downtown Business Improvement District said she is proud to announce that the agency has put up new banners on the light poles on Main Street and a couple of side streets.

Beth Kemp today said 111 banners were attached to the poles last week by City of Batavia Department of Public Works crews.

“Our design committee has been working probably over a year now on updating the banner designs that you’ll see throughout the Downtown,” she said. “So, this is the finalized design that we got approved at the board level. We had them printed locally, at Hodgins Printing, and just put up by DPW.”

Purchasing updated banners for the summer – and also banners and decorations for the holidays – was part of the BID’s plan to utilize some of its capital funds.

“It was a huge collaborative effort and I’m glad to see the design come to fruition and then the banners be up in the community,” Kemp added.

On another front, she said that the BID is negotiating with Empire Access on making Wi-Fi accessible Downtown.

“We changed companies from Spectrum to Empire Access, and we’re hoping by the end of the summer to have Wi-Fi Downtown,” she said. “After that is activated, we will be looking at a speaker system that best aligns with the network to provide music.”

As previously reported on The Batavian, other projects planned for this year include snowflakes to go on light poles that are showing their age, hanging baskets and flowers for baskets, and fall decorations, such as cornstalks, pumpkins and hay bales.

Photo: New banners that feature a picture of downtown Batavia with the wording EST. 1997 BATAVIA DOWNTOWN. Photo by Howard Owens.

Law and Order: Ohio man and passenger accused of possessing a stolen vehicle

By Billie Owens

Terry Eugene Gamble Jr., 25, of Onslow Drive, Columbus, Ohio, is charged with: criminal possession of stolen property in the fourth degree -- a vehicle (except a motorcycle); criminal use of drug paraphernalia in the second degree; operation of a motor vehicle by an unlicensed driver; criminal possession of a weapon in the third degree -- an ammunition feeding device. On May 18, Gamble was arrested on the charges. It is alleged that on South Main Street in Elba at 3:18 p.m. on May 12 that he operated a vehicle stolen out of Columbus, Ohio, and possessed a .556 magazine capable of holding more than 10 rounds. He was arraigned virtually in Elba Town Court and jailed with $5,000 cash bail or $10,000 bond. Gamble is due in Genesee County Court on June 9. A passenger in the vehicle, Abralee D. Maynard (no age or address provided) was also arrested for criminal possession of stolen property in the fourth degree -- a vehicle (except a motorcycle). Maynard was released with appearance tickets and is due in Elba Town Court on June 2.

Patrick Lyn Waite, 53, of Alexander Road, Alexander, is charged with disorderly conduct. At 11:51 p.m. on May 19, Genesee County Sheriff's deputies responded to 9746 Alexander Road in Alexander for a complaint of loud music. Following an investigation, Waite was arrested. It is alleged that he intentionally caused public inconvenience and annoyance by playing loud music after several phone call complaints from nearby residents were made to the county dispatch center. He was issued an appearance ticket and is due in Alexander Town Court on June 8. Deputy Zachary Hoy handled by case, assisted by Deputy David Moore.

Kyle John Gugel, 35, of Genesee Street, Le Roy, is charged with driving while intoxicated and refusal to take a breath test. At 1:52 a.m. on May 18, Genesee County Sheriff's deputies conducted a traffic stop on Clinton Street Road in the Town of Stafford for a vehicle speeding over 55 mph. Gugel was subsequently arrested and issued appearance tickets to be in Town of Stafford Court June 1. Deputy Zachary Hoy handled by case, assisted by Deputy Nicholas Chamoun.

William Schutt responds to the call to accept Genesee County Youth Bureau executive director position

By Mike Pettinella

After years of high-level involvement in the fire and emergency services fields and months of overseeing testing and vaccination clinics to earn the unofficial title as Genesee County “COVID czar,” William Schutt has decided to take on a new challenge as the executive director of the Genesee County Youth Bureau.

And county legislators and management are supporting his decision by wholeheartedly endorsing him for the job at Wednesday’s Ways & Means Committee meeting at the Old County Courthouse.

The deputy coordinator of Genesee County Emergency Management Services since August 2015, Schutt has been selected by an interview committee to replace Jocelyn Sikorski at the youth bureau, effective June 20.

Sikorski resigned in January when she accepted the executive director position at Cornell Cooperative Extension of Genesee County.

Schutt said he’s looking forward to applying his experience and talents to programs and events geared toward boosting young people.

“I’m always looking for a challenge and I really enjoy being involved in the community – trying to make a difference and pay it forward – and doing something that will make the community better in the future,” Schutt said. “So, when the position came out -- I knew the previous director -- I took a look at it. It just kind of stuck out with how I was feeling about things at the current time.”

Schutt, a Basom resident, said he talked to Sikorski about the position and her comments piqued his interest in taking a closer look.

“It may seem like it’s quite a bit different but it still involves helping people, just in a different format than doing it as a first responder,” he said. “I am used to working on a variety of projects with a variety of things going on, and obviously, as a first responder, the spur of the moment stuff, and I think all of that transfers over very well.”

Before joining the county workforce on a full-time basis in August 2015, Schutt held a per diem position as deputy fire coordinator for about five years – assisting local fire and EMS agencies through the county’s Emergency Management office.

A longtime assistant fire chief for the Town of Alabama, Schutt was the general manager for Mercy Flight Inc. Mercy EMS, based in Batavia, from 2013-2015.

Genesee County Manager Matt Landers said that Schutt has distinguished himself throughout his career.

“He is a familiar face to everyone – our quote, unquote COVID czar, who has been instrumental in our testing and vaccination efforts,” Landers said. “The interview committee is pleased to be recommending Bill for this position. I think his passion and organizational skills are well-suited for the youth bureau and the direction we want to take that department going forward.”

The interview committee was comprised of Legislator John Deleo and several members of the Youth Advisory Board.

Deleo, speaking to Schutt who was at the meeting, said he could see from the interview that Schutt is up to the task at hand.

“You seem to be a person that takes something and develops it. So, I’m very pleased to have you on board to take on this challenge,” he said. “With your background and everything, I think we’re going to win this. It’s kind of bittersweet though because we lose (you) from the other (Emergency Management department).”

Legislature Chair Rochelle Stein commended Schutt for displaying leadership “under chaotic situations,” referring to the coronavirus testing and vaccine clinics.

“What you’ve demonstrated already on behalf of the community here in Genesee County, I just look forward for even more to come,” she said.

Schutt said he is confident that he will be able to make a smooth transition, especially considering that he has had interactions with current youth bureau employees -- Chelsea Elliott (Youth Court and Safe Harbour coordinator) and Chelsea Green (program assistant).

He said he was getting up to speed on the county’s involvement with Safe Harbour, a state-funded program that supports services to youth who have been trafficked, exploited or are at risk, and already was familiar with other programs, such as Genesee Youth Lead and Youth Court.

A native of West Seneca, he said he participated in local town youth recreation programs growing up.

“I also was a Boy Scout and my son was a Boy Scout, and were involved in sports with the kids,” he said.

Schutt and his wife, Shelly, have a grown son and daughter, and two grandchildren.

A formal vote on his appointment by the full legislature is expected to take place next Wednesday. The position carries a $61,000 annual salary.

Previously: County youth bureau's Safe Harbour program tackles problem of human trafficking

Legislative committee approves $50K more to GCC, sets budget public hearing for June 9

By Mike Pettinella

The Genesee County Legislature’s Ways & Means Committee this afternoon approved a $50,000 increase in the county’s sponsorship of Genesee Community College – raising the amount for 2021-22 to more than $2.6 million – and set a public hearing on the two-year college’s $37.4 million budget for 5:30 p.m. June 9 at the Old County Courthouse.

GCC President James Sunser reported that the budget, which takes effect on Sept. 1, is $700,000 less than the current year spending plan, attributing the decrease in cost savings due to a five-step plan that was put into place in March 2020.

Aid from New York State will decline as well based on the formula provided to the college, Sunser said.

“It goes down to $9,736,511 based on 98 percent of prior year actual,” he said. “The college is also asking the county to consider a $50,000 increase in their … contribution. That increase in sponsorship would bring the county to $2,686,374 or 7.2 percent of the total budget.”

Sunser said the budget calls for a $100 per semester tuition increase for full-time students, $5 per credit hour increase for part-time students and $1 per credit hour for Accelerated College Entrance students.

He also noted that the college’s charge-back rate to counties outside of Genesee would decrease.

“The increase in the county’s sponsorship helps us to minimize that reduction by a bit – so that does have an effect on charges to other counties as well,” he said, adding that the college makes about $500,000 in other income (prior year recoveries, investments, etc.) but will be using almost $1.9 million in reserves to balance its budget.

Concerning the use of available funds, Sunser said the objective “would be to get that down to zero usage throughout the year through a combination of things like salary savings, better than anticipated contract costs, utility bills – things of that nature.”

Legislature Chair Rochelle Stein asked if money from the American Rescue Plan was available for colleges.

Sunser replied that up to $2 million could be heading to GCC, but half of that would go directly to students and the other half would be for COVID-19-related expenses going forward.

If the college does get that federal funding, Sunser said it would be used for Zoom videoconferencing technology in all classrooms and maintenance projects at the campus.

“We would be outfitting all of our classrooms so that we can do Zoom technology to and from – not only to people’s homes but to the other six campus centers as well,” he said.

Sunser pointed out that GCC has reduced its budget by $4 million over the last two years and is down about 34 full-time positions “through a combination of voluntary retirements, natural turnover and then some folks that we had to retrench to make the budget work.”

In the end, Stein said she was on board with the additional $50,000.

“All of our costs are going up, regardless of what we do,” she said. “If we continue to short or say no, someday we’re going to have to pay the piper. And I know when we came on the legislature, it was a $250,000 jump in one year, and that was really difficult.

"So, understanding the costs going forward and the fact that they reduced their budget to the amount that they have, meeting in the middle is a good place for us to be here in Genesee.”

Upon approval by the full legislature following the public hearing, the sponsorship of $2,686,374 for the 2021-22 fiscal year would be included in the county tax levy for 2021.

Former Coroner Compensated

In other action, the committee supported “discretionary compensation” in the amount of $1,369 to former Genesee County Coroner Jeff McIntire for time spent on the job following the airplane crash in October 2020 in the Town of Pembroke that claimed the lives of attorneys Steven Barnes and Elizabeth Barnes.

Previously, the legislature passed a local law giving them authority to provide additional compensation in catastrophic events.

County Manager Matt Landers said that McIntire, who since has relocated to Florida, lost about 80 full-time employment hours while taking part in the long investigation of the crash,

Previously: Genesee Community College eliminates six, doesn't renew seven full-time positions

'You can't keep a good man, er dog, down.' K-9 Rayzor and K-9 Frankie are back on the job

By Mike Pettinella

Rayzor and Frankie are back in action after undergoing surgery and encountering medical issues, respectively.

The stars of the Genesee County Sheriff’s Office K-9 unit have suffered injury and illness in recent months, with Rayzor tearing the anterior cruciate ligament in his back left leg last November and Frankie having a tooth removed after fracturing it last December.

Rayzor, who is handled by Deputy Jim Stack, was out of action for about four and a half months after undergoing surgery at the Hudson Highland Veterinary Specialty Group facility in the Dutchess County Village of Fishkill.

That was followed by eight weeks of confinement and sedation as Stack had to carry the dog outside so he could go to the bathroom.

“After that, Rayzor (a 2-year-old Belgian Malinois/German Shepherd mix) had to go through intense physical therapy at Pine Woods Animal Hospital Rehabilitation Center in North Tonawanda,” said Stack, who has been working with the pup since March 2020.

Stack credited Paul McNamara, veterinary surgeon at Hudson Highlands, for opening his schedule to get the dog into surgery. He also thanked veterinarians Aubri Matroniano and Stephanie Ortel of Pine Woods and Lindsay Edwards, Rayzor’s regular vet, from the Corfu Veterinary Clinic.

Frankie, age 4½, is a Belgian Malinois that was assigned to Deputy Andrew Mullen in September 2020. After having the tooth removed, he got an infection and was sidelined for a couple weeks.

Undersheriff Brad Mazur said the department is fortunate to have the K-9 unit back on the job.

“It looks like we’ve gotten through it. It’s just one of the things that happen with a canine, with the medication and stuff.”

On Monday, Mazur spoke at the Genesee County Legislature’s Public Service Committee meeting and requested a $5,000 allocation from the K-9 Donation Reserve Account to cover Rayzor’s physical therapy and medications and Frankie’s veterinarian evaluations and medications.

The committee approved it and the resolution has been forwarded to today's Ways & Means Committee meeting and, upon further approval, to the full legislature for final voting.

“We have been very fortunate over the years with donations from the public which has enabled us to provide for our K-9s and maintain the program,” Mazur said.

In other action, the committee voted in favor of resolutions providing additional sheriff deputy services at Six Flags Darien Lake and Batavia Downs Gaming.

Mazur said Six Flags Darien Lake officials have requested weekend patrols during May and June and daily patrols during July and August. He also said he is anticipating deputies working concerts at the park this summer.

At Batavia Downs Gaming on Park Road, deputies would handle traffic control and offer other assistance during the summer concert series shows. He said the contract with Western Regional Off-Track Betting Corp., parent company of the casino, calls for eight deputies per event.

The committee voted to renew the agreement with Darien Lake through May 31, 2022, which also is the ending date of a one-year pact with Batavia Downs Gaming. The resolutions reflecting Public Service Committee approval will be forwarded to the full legislature for final voting.

Genesee County has appropriated $191,112 for overtime/additional police services for these contracts to be offset by revenue billed back to Six Flags and Batavia Downs Gaming for these services.

Also, the committee approved:

  • The acceptance of easements from the Town of Batavia around the perimeter of the DeWitt Recreation Area and behind the Spectrum office on Cedar Street – small properties that had been assigned to the town during the development of Ellicott Trail.

Currently, the county’s parks department maintains these easements through an agreement with the town.

  • Contracts with Cold Spring Construction Corp. of Akron for $967,856.50 and Erdman Anthony of Rochester for $136,000 to construct and consult on, respectively, the Hundredmark Road Bridge replacement project in the Town of Elba.

Highway Superintendent Tim Hens said Cold Spring’s bid was $100,000 less than engineers’ estimates.

The capital project is expected to be funded by federal aid (80 percent) and the county (20 percent), with the county’s share coming from its 1 percent sales tax revenue.

  • A supplemental agreement with Barton & Loguidice of Syracuse for construction inspection and administrative services connect to the replacement of the Pratt Road Bridge over the Tonawanda Creek in the Town of Batavia. The additional expense is not to exceed $31,259.

Hens said construction has been completed but this action was necessary before the project could be closed out.

  • The appointment of Batavia businessman Eric Biscaro to the Genesee County Planning Board, a volunteer position, effective June 1, 2021 through May 31, 2024.

Photo: Deputy Andrew Mullen and Frankie, left, and Deputy Jim Stack and Rayzor in front of the Genesee County Sheriff's Office this afternoon. Photo by Mike Pettinella.

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