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The legislature’s Human Services Committee on Monday voted in favor of creating a deputy youth bureau executive director, a temporary title that County Manager Matt Landers said will be given to Chelsea Elliott, (photo at right), who has worked for the county for the past seven years.

“Chelsea currently is our youth program coordinator and she is very capable,” County Manager Matt Landers said. “She runs our Youth Court and also coordinates the education piece on the youth side of the STOP-DWI program.”

The vacancy occurred last month when Jocelyn Sikorski stepped down to become executive director of Cornell Cooperative Extension of Genesee County, effective Jan. 25.

Landers said Elliott will be working with Sikorski over the next couple weeks to review the executive director’s responsibilities.

“We realize that there is going to be a period of time that the position is vacant, and looking at the need for somebody in house to transition us, this seemed like the most appropriate fashion (to proceed),” Landers said. “… with this being a union employee that would be stepping up into the role … we feel like this is a justified and prudent move for us to do.”

Landers said the resolution passed by Human Services (and subject to a vote of the full legislature) calls for the full-time deputy position to run for up to six months.

“We don’t anticipate it taking six months. We have spoken with Chelsea and she is agreeable to step up, and then once the director position is filled, the temporary position will be eliminated,” he said. “If Chelsea does have an interest (in succeeding Sikorski), this is something where we will have an opportunity to view her in the role. Certainly, she is eligible to throw her hat into the ring.”

The deputy executive director position provides additional pay for Elliott since her duties will increase, Landers said.

The change at the top of the county’s youth bureau comes as the City of Batavia, which has shared the county executive director for its youth programming, explores the possibility of contracting with an outside agency to provide city youth services.

Rep. Chris Jacobs voted last week in favor of President Donald Trump's request to give every eligible American an extra $2,000 in a COVID-related stimulus payment but the CASH Act remains stalled in the U.S. Senate.

Whether those payments will land in taxpayers' bank accounts in the coming weeks seems to hinge on today's runoff election in Georgia.

Two Senate seats are up for grabs and all four candidates support passage of the CASH Act but getting the bill through the Senate isn't just a matter of lining up enough votes.

Sen. Mitch McConnell, as majority leader, has the power to block a floor vote on the bill.

McConnell has argued that some of the direct payments would go to families who don't need it and would cost about $464 billion.

The House-passed bill, McConnell said, "has no realistic path to quickly pass the Senate," vowing that the chamber would not be "bullied into rushing out more borrowed money."

Jacobs doesn't see it that way.

“Additional COVID-19 relief has been my priority since I took office this summer," Jacobs said in a statement. "I voted to deliver $2,000 stimulus checks to Western New Yorkers who have been hardest hit by arbitrary shutdowns, unemployment, and economic downturn. I commend the President for signing the bipartisan relief deal last night and for his support of increased stimulus checks.” 

The CASH Act was approved last week by the House in a 275-134 vote. Fourty-four Republicans supported the measure.

The $2,000 payments were first suggested by Trump. He said he wasn't happy with Americans getting only $600 each in the last stimulus bill.

While campaign for the Democrats in Georgia's special election yesterday, Joe Biden, winner of the Nov. 3 election, said the $2,000 stimulous checks would be sent to Americans immediately if the Democrats win both seats today.

The race pits Kelly Loeffler against Raphael Warnock and David Perdue against Jon Ossoff.

Biden supports Warnock and Ossoff.

"If you send Jon and the Reverend to Washington, those $2,000 checks will go out the door, restoring hope and decency and honor for so many people who are struggling right now," Biden said. "And if you send (Perdue and Loeffler) back to Washington, those checks will never get there," Biden said. "It's just that simple. The power is literally in your hands."

Even though Perdue and Ossoff both support the stimulus payment, even with the two Republicans seated in the Senate, McConnell could still block the bill from coming up for a vote.

A victory for two Democrats would mean the end of McConnell's reign as majority leader and, according to Biden, mean there would be no possibility of Republicans blocking the direct payments.

A Democratic victory today would also give the party control of both houses and the White House for at least the next two years and leave Republicans with little power to block the Democratic agenda.

The amplified power of congressional leadership to control floor votes has long been a target of complaints from the former Congressman from Wisconsin, and former Republican now Libertarian Justin Amash. He tweets about it frequently.

Decentralize. https://t.co/vuXEXE2cWT

— Justin Amash (@justinamash) January 4, 2021

Derek Francis McQueen, 33, of Phelps Road, Corfu, is charged with: second-degree vehicular assault; driving while ability impaired by combined influence of drugs; third-degree aggravated unlicensed operation; following too closely; and unlicensed operator. At 1:04 p.m. Sept. 16, the Genesee County Emergency Dispatch Center received a report of a two-vehicle collision with injury on Batavia Elba Townline Road in the Town of Elba. Following an investigation into the accident, it was determined that McQueen -- operator of the striking vehicle -- was at fault. A license check found the NYS driver's license was revoked. During the course of the investigation, it was suspected that McQueen was under the influence of drugs. Field sobriety tests were administered and he was subsequently arrested. The defendant was taken to the Genesee County Jail where City of Batavia Police Detective Matthew Wojtaszczyk, a certified Drug Recognition Expert, administrered a drug influence evaluation, which allegedly determined McQueen to be under the influence of multiple categories of drugs. On Monday, Jan. 4, he was charged in the case due to the injury sustained by an occupant of the other vehicle involved. He was issued an appearance ticket and is due in Elba Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Antiquated. Obsolete. Restrictive. Unfair.

Those were some of the adjectives used by members of the Genesee County Police Reform and Reinvention Collaborative to describe the New York State Department of Civil Service during its meeting on Monday night via Zoom videoconferencing.

And, going beyond sharing their opinions of Civil Service, the committee agreed that now may be the “perfect opportunity” to reform the system that administers tests for government jobs.

“There has been a push throughout New York State for years now about reforming the Civil Service requirements and the testing procedures,” Sheriff William Sheron said, responding to a question from committee member Julie Carasone about changing the procedure to ensure more diversity in hiring. “I guess my best answer to that is to push on our state senator and assemblyman to try to change that or put pressure on New York State to change their Civil Service regulations.”

Sheron said he is speaking on behalf of administrators in various job sectors who are hamstrung by Civil Service’s restrictive guidelines.

“That you have to select from the top three individuals, to me, makes no sense in the world. I think there should be more of a test and interview process rather than a guarantee that if you’re in the top three – that we have to try to choose from the top three,” he said. “Many times, the individuals that you have to choose from are not satisfactory but it’s very difficult to get them removed from the list.”

The sheriff said it would take a unified front consisting of government, municipal and community leaders to put pressure on Albany, noting that “it’s definitely time for some type of Civil Service reform.”

Committee Member Gregory Post, who is the Batavia Town supervisor, said it was his belief that Civil Service “hasn’t had a total rehab since Teddy Roosevelt was president.”

Post: Collaboration Can Make a Difference

“But, that being said, this is the perfect opportunity now because there has always been, in my 45 years in the public sector, one component -- which is generally the employers or the management side petitioning the governor and Albany and some of the more partisan politicians on the east and Downstate to amend Civil Service policies to address our reality.”

“This opportunity that has been presented to us in the past year, I think for the first time in several decades, empowers this organization to ally with the constituents and in a combined manner (with) all parties involved …working collaboratively. It shouldn’t just be county officials and legislators. They’ve been asking for this for a hundred years.”

Post said he would like to see a partnership involving “constituents who are most impacted and most benefitted from this change, and the only way we can do that is to involve them and engage them, and I think we need to invite the press to be participatory in that. … Being in the top three has not served us as well as trusting our instincts and giving people a chance that otherwise wouldn’t have one.”

Sheron noted that a deputy sheriff’s position is opening soon and said his plan is to get the notice out to the public as quickly as possible, working with Human Resources to reach the minority communities. He also said he is enlisting the services of the Genesee County Career Center to help those interested in taking the test, including resume preparation and interviewing techniques.

Sheron and County Manager Matt Landers concurred that the county’s ability – or inability -- to find worthy minority candidates for law enforcement and other positions has been a stumbling block.

“I think the starting point for us is to trying to go down the avenue of getting the word out about our test coming up and providing individuals the education and the tools to be able to be successful in taking the tests,” Sheron said, adding that only a few members of the minority community have taken the deputy sheriff’s test and even fewer have passed it.

Landers: We Can Do Better

Landers said finding a path to change Civil Service would be a major challenge, considering the bureaucracy involved, but emphasized that he didn’t want to downplay the effort to reform it.

“But at the same time, we can’t lose sight of the fact that we can do better with our recruitment and advertising efforts,” he said, “I think that’s something that we control in our own hands that we don’t need outside help with. We can try to reach out to segments of our population and do a better job of education and better job of notification.

“We can change the rules all we want -- from (the top) three to five to 100 – but if we don’t get diversity in people in taking the test, then it doesn’t do any good at all.”

Landers also criticized the time gap in the Civil Service process, noting that it sometime takes up to year to fill the position after the taking of the test.

“The way Civil Service works – it’s kind of a unique situation – a person signs up for a test, it’s taken three months later and the results come out three months later – where an opportunity might open up six months later,” he advised. “It’s such an antiquate process, in general, that it’s kind of like a secret in some ways that people have to be planning way ahead.”

As far as reaching the minority population, he suggested that the sheriff reach out to groups such as Just Kings in the City of Batavia to “spread the word and that might have more of an immediate effect.”

Sheron: Let's Put it in the Report

While Genesee County ramps up its effort to reach a more diverse audience, Sheron said it is important that this committee include its evaluation of the Civil Service process in the report it will send to New York State by April 1.

“We recognize that there are problems with Civil Service and should incorporate it right into our report to the state,” he said.

Post agreed, adding that the chance to see a change would be possible “if we can get 5 percent (of Genesee County residents) to support some kind of petition to address this as a vital component of what they’re asking us to do here. We need to strike while the iron is hot … as the whole system is corrupt and obsolete.”

County Legislature Chair Rochelle Stein said she supports moving on this immediately.

“Right now is the time, with the leadership in Albany, to grab a hold of this and update the entire process of Civil Service,” she said.

Committee member Gary Maha, former Genesee County sheriff, said Civil Service would be a “very difficult nut to crack” and called upon the New York State Association of Counties, Conference of Mayors, county managers and city managers … “to get the attention of our (state) legislature.”

Sheron and Undersheriff Brad Mazur opened the meeting by presenting an outline of three areas mentioned in Gov. Andrew Cuomo’s Executive Order on police reform – Violence Prevention & Reduction Intervention, Model Policies and Guidelines Promulgated by the NYS Municipal Police Training Council, and Standards Promulgated by the NYS Law Enforcement Accreditation Program.

• Violence Prevention & Intervention

This involves removing or reducing underlying causes and risk factors, such as alcohol abuse, drug abuse, gang activity, illegal weapons possession and domestic conflicts.

The sheriff’s office currently works with professionals from several sectors in this effort, including the YWCA, Genesee County Mental Health, Genesee/Orleans Council on Alcoholism and Substance Abuse, school resource officers, Crisis Intervention Team, PAARI (Public Safety Assisted Addiction and Recover Initiative), Independent Living Continuum of Care and Criminal Justice Advisory Council.

• Model Policies & Guidelines

The sheriff’s office follows Municipal Police Training Committee (MPTC) model policy – as well as policies of other accredited law enforcement agencies -- in various aspects of police operation.

Not every model policy is suited to adoption by every agency, Sheron said. Many agencies develop their own policies and procedures by studying model policies from many sources, and by studying actual policies being successfully used by other law enforcement agencies around the country.

• Standards Promulgated by the NYS Accreditation

The Genesee County Sheriff’s Department has been an accredited agency with the New York State Law Enforcement Agency Accreditation Council (LEAAC) since 2000, and currently is accredited through November 2025.

The sheriff's office has developed a Citizen Comment Form for positive comments, as well as legitimate concerns and/or constructive criticism, regarding the Sheriff’s Office or Sheriff’s personnel. 

The next meeting of the Genesee County Police Reform Collaborative is scheduled for 6 p.m. on Jan. 19.

Press release:

• Genesee County received 166 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• One hundred and forty one of the previous positive individuals have recovered and have been removed from the isolation list.
• Eleven of the positive individuals are hospitalized.
• Three of the new positive cases are residents at the Batavia VA Medical Center.
• Two of the new positive cases are residents at the LeRoy Village Green Residential Healthcare Facility.
• One of the new positive cases is a resident at the Premier Genesee Center for Nursing and Rehabilitation.
• We are saddened to report the COVID-related deaths of two residents who did reside at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.​

• Orleans County received 101 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Eight of the individuals were on mandatory quarantine prior to testing positive.
• Sixty five of the previous positive individuals have recovered and have been removed from the isolation list.
• Sixteen of the current positive individuals are hospitalized.
• We are saddened to report the death of one of our community members. The individual was over 65 years old. We will not report any other details out of respect for the person and their family. We extend our deepest condolences to the family and friends of this person during this very difficult time.

Genesee County's seven-day average positivity rate is 12.4 percent.

Juan M. Mendez, 20, of Holley, no address provided, is charged with first-degree rape -- sexual intercourse with another person who is incapable of consent by reason of being physically helpless. It is alleged that at midnight on Sept. 4 on Batavia Stafford Townline Road, in Batavia, that Mendez had sexual intercourse with a female who was incapable of consent due to her level of intoxication, rendering her helpless. He was put in Genesee County Jail following his arrest and arraignment and his bail was set at $2,500 cash or $10,000 bond. Mendez is due in Town of Batavia Court on Jan. 28. The case was investigated by Genesee County Sheriff's Office Investigator Joseph Loftus.

William Richard Kapelke, 38, is charged with endangering the welfare of a child and criminal obstruction of breathing. On Dec. 31, he was arrested after the investigation of a domestic incident that occurred at 8 a.m. on West Main Street Road in the Town of Batavia. It is alleged that Kapelke choked a female durihg a verbal and physical altercation, and that this occurred in the presence of the victim's child, who is under the age of 17. He was arraigned in Genesee County Court and released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Mathew Clor.

Dylan S. Pehrson, 18, of Franklin Street, Batavia, is charged with: criminal mischief in the fourth degree; criminal mischief in the second degree; grand larceny in the fourth degree; and third-degree robbery. The arrest follows a domestic incident that occurred at 3:06 p.m. Dec. 20 on Franklin Street. It is alleged that the defendant forcibly took items from the victim and broke property at the residence. After arraignment in Batavia City Court, Pehrson was released on their own recognizance and is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Joanne K. Harper, 56, of Pavilion, no address provided, is charged with: failure to keep right; driving while ability impaired by drugs; and driving while ability impaired by a combination of drugs and alcohol. At 3:27 p.m. on Dec. 20, the Wyoming County Sheriff's Office Emergency Dispatch Center received a report of a two-car head-on collision with injury on Old State Road near Silver Lake Road in the Town of Covington. It was also reported that one of the drivers was trapped and could not get out of the vehicle. Responding deputies observed two vehicles that had collided on the north shoulder of the westbound lane on a blind curve. Deputies freed the entrapped driver and both drivers were medically evaluated by Perry and Monroe ambulance medics. The eastbound vehicle appeared to have swerved into the westbound lane, causing the head-on collision. The driver of the eastbound vehicle, Harper, was given field sobriety testing and arrested. She was taken to Attica Police Department for evaluation by the NYS certified Drug Recognition Expert, who reported that she was allegedly under the influence of multiple drugs and could not operate a vehicle safely. Harper is due in Town of Covington at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.

Morgan Elizabeth Rector, 21, of Pickthorn Drive, Batavia, is charged with fourth-degree criminal mischief. She was arrested after an investigation into a domestic incident that occurred on Pickthorn Drive at 2:53 p.m on Dec. 27. It is alleged that she damaged property. Following her arrest, she was released on an appearance ticket to be in Batavia City Court on Feb. 23. The case was handled by Bataiva Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Cassandra M. D'arconte, 22, of North Street, Batavia, is charged with second-degree harassment and criminal contempt in the first degree. She was arrested on Dec. 23 after the investigation of a domestic incident that occurred at 4:31 p.m. that day on North Street. It is alleged that she violated an order of protection that was issued the same day. She was arraigned in Batavia City Court and released under supervision of Genesee Juctice. D'arconte is due back in city court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Mitchell Cowen.

Taylor M. Peyman, 29, of Ellicott Street Road, Batavia, is charged with: driving while intoxicated with a BAC of .08 percent or more; unsafe backing; aggravated unlicensed operation in the third degree; and DWI -- common law. On Dec. 19, Peyman was arrested after an investigation into an accident that occurred at 8:20 p.m. in the area of Jackson Square. Peyman was released with appearance tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Samuel Freeman.

Tammy Rene Daigler was arrested at 3:55 a.m. on Jan. 1 on Wiard Street in the City of Batavia for driving while intoxicated -- first offense. She was stopped for a vehicle and traffic law violation and, following an investigation, allegedly found to be impaired by alcohol and to have a suspended driver's license. She is due in Batavia City Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack and City of Batavia Police.

Michael Shane Lytle, 31, of State Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction, and unlawfully selling fireworks with a value of $500 or more. He was arrested at 12:03 p.m. on Dec. 21 on State Street after an investigation by Genesee County Probation Department and city police. It is alleged that he possessed an illegal metal knuckle knife and more than $500 worth of illegal fireworks. He was arraigned in Genesee County Jail virtually by Batavia City Court and released inder supervision of Genesee Justice. Lytle is due to return to city court on Feb. 18. The case was handled by Batavia Police Officer Austin Hedges.

Casey Thomas Vaughn, 31, of Prune Street, Batavia, is charged with petit larceny. Vaughn was arrested on Dec. 28 after an investigation into a larceny that occurred Dec. 20 at 5:08 p.m. at the Mobile Gas Station on East Main Street in Batavia. It is alleged the defendant stole products from the convenience store. He was issued an appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Sean Wilson.

Richard J. Burdick, 42, of Central Avenue, Batavia, is charged with petit larceny. He was arrested on Dec. 26 after allegedly stealing a shipping cart full of goods from Tops Market in Batavia at 10:29 a.m. He was processed on scene and released with an appearance ticket for Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Mitchell Cowen

Robert C. Strollo, 60, of Bethany Center Road, East Bethany, was arrested by Batavia Police Officer Peter Post after Strollo turned himself in on a bench warrant for petit larceny out of Batavia City Court.

Press release:

Data Update – Please note the Genesee and Orleans County Health Departments will be closed for the New Year’s Day holiday, Friday, Jan. 1 and will not be updating data until Monday afternoon.

We thank each of you for your encouragement, assistance, diligence during this very extraordinary year. We look forward to continuing to provide updated health information and wish each of you a safe, healthy and Happy New Year!

We encourage everyone to limit their time in public and to celebrate virtually with family and friends who don’t live with you.

• Genesee County received 75 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Eighty-three of the previous positive individuals have recovered and have been removed from the isolation list.
• Seven of the positive individuals are hospitalized.
• Four of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility. 
• Please note there was a miscount for reporting the deaths yesterday. There are 29 COVID-19 related deaths in Genesee County, not 30.

​

• Orleans County received 34 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby) 
  • Central Region (Carlton, Gaines, Albion, Barre) 
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s. 
• 5 of the individuals were on mandatory quarantine prior to testing positive.
• 24 of the previous positive individuals have recovered and have been removed from the isolation list.
• 13 of the current positive individuals are hospitalized.
• We are saddened to report the death of one of our community members. The individual was under 65 years old. We will not report any other details out of respect for the person and their family. We extend our deepest condolences to the family and friends of this person during this very difficult time.

Desiree M. Hutchinson is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Hutchinson knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, she is accused of the same crime for allegedly possessing fentanyl that day with intent to sell it. In count three, she is accused of criminal possession of a crontrolled substance in the fourth degree, a Class C felony, for allegedly knowingly and unlawfully possessing one or more substanes containing a a narcotic drug -- cocaine -- which had an aggregate weight of one-eighth of an ounce or more.

Montell L. Cunningham is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Sept. 13 in an upper apartment on Tracy Avenue in the City of Bataiva that he unlawfully entered a dwelling with the intent to commit a crime and while there caused physical injury to a female victim. In count two, his is accused of second-degree strangulation, a Class D violent felony, for allegedly applying pressure to her neck or throat, with the deliberate intention of impeding normal breathing or blood circulation, and thereby caused stupor, loss of consciousness or physical injury or impairment. In count three, Cunningham is accused of second-degree harassment, a violation. It is alleged in count three that on that day, with intent to annoy or alarm a person, that he struck, shoved, kicked or otherwise subjected the female victim to physical contact.

Anthony J. Welch is indicted for the crime of criminal possession of a controlled substance -- cocaine -- with intent to sell it, a Class B felony. It is alleged that on May 22 in the City of Batavia that Welch possessed cocaine with intent to sell it. In count two Welch is accused of tampering with physical evidence, a Class E felony. It is alleged in count two that on May 22 that he acted with intention to conceal evidence -- upon being confronted by a uniformed police officer, he hid a quantity of cocaine between his buttocks. In count three, Welch is accused of the crime of promoting prison contraband in the frist degree, a Class D felony. It is alleged in count three that on that day he knowingly and unlawfully introduced cocaine into a detention facility -- the Genesee County Jail. In count four, Welch is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count four that on that day he knowingly had scales used to weigh or measure controlled substances and that he intended to use them for unlawfully packaging or dispensing a narcotic drug or stimulant.

David P. Grossman is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Aug. 4 that Grossman entered and remained unlawfully in a dwelling on Highland Park in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree criminal mischief, a Class E felony. It is alleged in count two that one that day he damaged property belonging to another person in an amount exceeding $250 -- a City of Batavia police patrol vehicle. In count three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for damaging property belonging to another person -- a door and the face of a clock. In count four, he is accused of resisting arrest, a Class A misdemeanor, for preventing or attempting to prevent a police officer from arresting him. In count five, Grossman is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for impairing or attempting to impair a public servant from performing an official function by means of intimidation, force or unlawful act. In count six, the defendant is accused of third-degree coercion, a Class A misdemeanor, for making a demand of an officer and instilling fear that if the demand was not complied with, the defendant would cause physical harm to the officer. In counts seven and eight, respectively, Grossman is accused of endangering the welfare of two children, a Class A misdemeanor, for knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of children less than 17 years old.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for the crime of third-degree burglary, a Class D felony. It is alleged that on Sept. 16 at the Crosby's store on Clinton Street Road in the Town of Batavia that these defendants committed the crime of second-degree criminal mischieg, a Class D felony. It is alleged that on Sept. 16 they intentionally damaged property belonging to another person in an amount exceeding $1,500 -- mutiple doors, a kitchen sink and merchandise at that Crosby's location. In count three, they are accused of third-degree grand larceny, a Class D felony, for allegedly stealing porperty having a value of more than $3,000 -- cigarettes worth $3,500. In count four, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally engaging in conduct that constituted a felony and they agreed and engaged in such conduct.

Aurelio A. Figueroa is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between July 2014 and July 2019 that Figueroa stole property valued at greater than $3,000 --- a total of $9,321 in SNAP (Supplemental Nutrition Assistance Program) benefits. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two that on July 5, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count three, he is accused of the same crime for filing another written instrument -- a Landlord Statement -- allegedly knowing it contained false information and presented it with the intent to defraud a public authority. In count four, it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count five it is alleged that on Jan. 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count six, it is alleged that on June 19, 2017 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count seven, it is alleged that on June 19, 2018 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count eight, it is alleged that that on Jan. 14, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count nine, it is alleged that on Jan. 11, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 10, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 11, it is alleged that on July 9, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a Shelter Verification, knowing that it contained false information and presented it with the intent to defraud a public authority. In count 12, it is alleged that on July 16, 2019 in the Town of Batavia that Figueroa offered a written instrument -- a SNAP application/recertification, knowing that it contained false information and presented it with the intent to defraud a public authority. In counts 13 and 14, Figueroa is accused of falsifying business records in the first degree, a Class E felony, for allegedly making a false entries into business records by submitting Shelter Verification forms which had information crossed out on Jan. 19, 2018 and Jan. 14, 2019, respectively.

Ana M. Uribe is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that between August and November 2019 in the Town of Batavia that she stole property with a value exceeding $3,000 -- a total of $3,218 in SNAP (Supplemental Nutrition Assistance Program) benefits and public assistance. In count two, Uribe is accused of offering a false instrument for filing in the first degreem a Class E felony. It is alleged in count two that on Sept. 4, 2019 in the Town of Batavia that she submitted a SNAP/Public Assistance Recertification to public authorities knowing that is contained false information and did so with the intent to defraud them.

Robert A. Bell Jr. is indicted for the crime of criminal possession of stolen property in the third degree, a Class D felony. It is alleged that on March 13 of this year that Bell, in the City of Batavia, knowingly possessed stolen property with the intent to benefit himself and its value exceeded $3,000 -- a 2008 Hummer H2.

Craig L. Fien is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on July 22 on Lake Street in the Village of Le Roy that Fien possessed a dangerous instrument -- a bat -- with intent to use it unlawfully against another person. In count two, he is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that day he intentionally placed a person in reasonable fear of physical injury, serious physical injury or death by means of displaying a dangerous instrument -- a bat. In Special Information filed by District Attorney Lawrence Friedman, Fien is accused of having been convicted of: petit larceny, a Class A misdemeanor, on Oct. 22, 2014 in Monroe Couny Court, and the same crime on Nov. 15, 2016, in Town of Batavia Court; criminal possession of stolen property in the fourth degree, a Class E felony, on Aug. 14, 2019 in Genesee County Court; and these convictions form the basis for count one in the current indictment.

With the start of a new year less than 10 hours away, it certainly would be nice if the world could just turn the page and put 2020 – a year marked by a global pandemic known as COVID-19 – in the rearview mirror.

Unfortunately, however, the challenges and stress caused by the coronavirus will continue for at least several more months and words such as quarantine, contact tracing, asymptomatic testing and vaccine will continue to be part of our everyday vocabulary.

Earlier today, Paul Pettit, public health director for Genesee and Orleans counties, with support from Genesee County Manager Matt Landers and Legislative Chair Rochelle Stein, updated the media on the latest developments and statistics via Zoom videoconferencing.

Pettit touched upon all the buzzwords mentioned above, as well as addressing what could be a new and even bigger problem – an apparently more contagious variety of SARS-CoV-2 (the virus that causes Covid-19) that is spreading throughout the United Kingdom and has been identified in California and Colorado.

“About the strain, what we do know is that it is a lot more infectious, so it spreads a lot easier, which is the concerning part,” Pettit said, responding to a question from The Batavian seeking to know if local health officials have the capacity to test for the variant mutation of the virus. “But what we do know is that it is not any more aggressive or severe – it appears anyways – than the strain that we have been dealing with locally, but that again could change as time goes on.”

Pettit said not much is known about the new strain, but worries that due to the higher level of infectiousness, more people could get sicker at a quicker rate.

New Strain Could Overload Hospitals

“That again is a concern with higher positivity rates and mainly with the stress on our health care system,” he said. “If we have more folks getting infected, specifically more at-risk folks that will be infected, (that will) put a strain on our bed capacity and the ability to deal with those folks who need a higher level of care … and that could lead to a quicker overwhelming of our medical system.”

Pettit said the new strain has not been identified in New York, but "it being in California and Colorado, it's more than likely -- it's just a matter of time before it is identified (in New York)."

"It is being tested for out of Wadsworth (a state facility), so the state lab is looking for this variant," he said. "The 3,000 or 4,000 tests that they've run or analyzed has not shown it yet. We do not have the local ability to look for it in our rapid testing, but we did reach out to Wadsworth to see if they would like us to be part of a sentinel process where we can send them -- or make sure they get samples from around here to test for that variant."

Pettit also talked about the Moderna vaccine – a two-step process that is said to be about 95-percent effective against the virus – and outlined the pecking order, so to speak, of those who will receive it.

Again, responding to a question from The Batavian regarding who comprises the 1B group, which follows the 1A group of healthcare personnel, Pettit said he wasn’t sure beyond “certain essential workers” such as law enforcement and firefighters.

“We have a general idea … but the state has not really fleshed out the details of the 1B group … they want us to focus on (vaccinating) the 1A group,” he said, previously mentioning that the 1B group in Genesee County is estimated at around 13,000 people and in Orleans County at around 9,000 people.

After that, there is a 1C group (with close to the same numbers) and then “bucket 2” or the general public, he said.

Pettit mentioned the procedural challenges once it’s time to vaccinate those in 1B (hopefully in late January) because those in the 1A group likely will be ready for their second shot.

“We need to make sure we're giving that second shot at that four-week mark while trying to vaccinate new people in the 1B group. So, this is where it gets into the complexity and logistical challenges of this vaccination campaign,” he said.

Volunteers Play Key Role in the Process

When asked about utilizing volunteers from the community – namely the Medical Reserve Corps in Genesee and Orleans counties – Pettit said he is open to enlisting as many people willing to help in the testing and vaccination process as possible. Currently, many citizens have stepped up on an individual basis to support the cause, he noted.

“We actually have had one (a Medical Reserve Corps) in Orleans County for many years now and the Genesee County Legislature approved expanding the Orleans County one into Genesee about a year and a half ago,” he said. “Medical Reserve Corps do have an important role to play in medical emergencies.”

Pettit admitted that the local MRS is not “overly robust and populated” but mentioned that Serve New York is the statewide program by which those – especially healthcare workers – can sign up to help out.

“As we need volunteers, we can call up and activate those members who are part of Serve New York,” he said. “They are automatically adopted into our Medical Reserve Corps … and we will be utilizing folks through Serve New York.”

He said that he is hopeful that by the time the campaign is over in “three, four, six months, we’ll have about 200 to 300 people in our Medical Reserve Corps because once we have them captive, we’re going to keep them.”

Other new information shared during the 50-minute presentation:

Current Statistics

Genesee County: 2,374 positive cases; 65,126 negative; 173 active cases in isolation; 489 in quarantine; 29 deaths; 1,854 have recovered, which means they have cleared the 10-day isolation period.

Orleans County: 1,342 positive cases; 34,209 negative; 195 active cases in isolation; 601 in quarantine; 61 deaths (mostly from long-term care facilities last spring); 914 recovered, which means they have cleared the 10-day isolation period.

Regionally (Finger Lakes): The Genesee County seven-day positivity rate is 11.2 percent and 14-day is 11.5 percent. The Orleans County seven-day positivity rate is 9.1 percent and 14-day is 8.4 percent.

Genesee County is higher than most of the region but is leveling off, Pettit said, adding that it could qualify for Yellow, Orange or even Red Zone status, but that Gov. Andrew Cuomo is “pivoting away” from micro-cluster analysis to focus on hospitalization rates.

Vaccination

Pettit said the University of Rochester Medical Center is the “hub” that oversees COVID vaccination in the Finger Lakes Region but that he is part of the task force that will help ensure equitable allocation of the vaccine.

“This is unlike anything we’ve ever seen in New York State,” he said. “The vaccine is flowing – coming in slowly – and we’ll get it to residents as quickly as we can.”

The first group of people – the 1A group – is being vaccinated, with 284 staff members at United Memorial Medical Center already receiving the initial dose.

He said the vaccine is not available to the general public yet and that aspect is under the control of New York State. He noted that those who try to circumvent the system are subject to revocation of their medical license and fines of up to $1 million.

Pettit revealed the number of people who qualify for the vaccine in each of the groups as follows:

Group 1A – 4,892 in Genesee County; 3,421 in Orleans County;

Group 1B – 13,000 in Genesee County; 9,000 in Orleans County;

Group 1C – 13,000 in Genesee County; 9,500 in Orleans County;

Bucket 2 – General public.

Pettit also said that testing will continue in both counties – on Tuesday and Thursday in Genesee and on Wednesday in Orleans – and that contract tracing, while “difficult and challenging,” also is ongoing, but is in the hands of state authorities after contacts are made by local health officials -- a fact emphasized by Stein as she opened the media briefing.

Stein: Stay Safe & Support Local Business

"Genesee County does the initial investigation on positive cases and identifies those who are positive," she said. "The process usually takes 24 hours of receiving a test result."

She said after that state contact tracers handle the cases and that is where the delay comes in -- sometime four to six days.

Stein asked residents to be patient with this process before encouraging them to support local businesses, especially restaurants, while continuing to follow the safety protocols.

Pettit also said the state has changed the 14-day quarantine period to 10 days to line up with Center for Disease Control guidelines.

When asked if the data provides any sense of hope, Pettit said the “hope is the vaccine.”

“Getting folks vaccinated, getting them protected – the most vulnerable. The nursing homes, seniors, those with underlying health conditions – that’s really where we need to focus right now,” he responded. “As we start to get them vaccinated and protected, I think that is going to put us in a whole different position as we start to move forward with risk and exposure potential, which I think is going to move us hopefully to where we need to be.”

Press release:

• Genesee County received 142 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Sixty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the positive individuals are hospitalized.
• Twenty of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility.
• Eight of the new positive cases are residents at the New York State Veterans Home – At Batavia.
• Two of the new positive cases are residents of Genesee Senior Living.
• One of the new positive cases is a resident of Premier Genesee Center for Nursing & Rehabilitation.
• One of the new positive cases is a resident of the Batavia VA Medical Center.
• We are saddened to report the COVID-related death of a resident who resided at LeRoy Village Green Residential Healthcare Facility and a resident who resided at New York State Veterans Home – At Batavia.
• We are saddened to report the COVID-related death of a community resident under the age of 65 years old.
• We will not be releasing any further information to protect the privacy of the individual and their family.  Our deepest condolences go out to the families and friends of these individuals during this difficult time.

​

• Orleans County received 40 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
• Four of the individuals were on mandatory quarantine prior to testing positive.
• Sixteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-one of the current positive individuals are hospitalized.

Genesee County's positivity rate on a seven-day rolling average is 11.5 percent.

The Batavia Town Board this afternoon called for a “timeout” as it attempts to keep up with the changing landscape of the solar farm industry.

During a special meeting via Zoom videoconferencing, the board passed a resolution to hold a public hearing to consider Local Law No. 1 of 2021 entitled, “A Local Law, Establishing a Town of Batavia Moratorium on Solar Energy Systems.”

The public hearing is set for 7 p.m. Jan. 20 at Batavia Town Hall on West Main Street Road.

The board also voted to declare lead agency status with regard to an environmental review per the State Environmental Quality Review Act and will prepare an assessment form for this action.

Supervisor Gregory Post said that several key changes have taken place since the board passed the town’s solar ordinance five years ago.

“This is something that probably was going to be addressed during the course of the past 2020 year along with a revisit to our comprehensive plan and other things that were budgeted in our planning budget,” Post said. “We continue to work to be an energy efficient community – and have received a lot of grant money as a result – but so much has changed and now is the time for a review.”

Post pointed to the following aspects pertaining to community and large-scale solar projects that must be considered:

• New York State Article 10

“In my opinion, solar farms also serve as an ag protection plan in that the ground remains fertile and available for farming in the future,” he said. “But now, New York State has jumped in with Article 10 and started taking over towns' rights.”

He said that “giant corporate entities” are taking thousands of acres without local participation or control, specifically mentioning huge projects in Byron, Oakfield and Elba.

“I’ve also talked to the Town of Le Roy Supervisor (James Farnholz) and he was expressing some frustration in that they had spent an enormous amount of time and energy to come up with a solar law, only to have the governor and the state change it almost on the same day they were prepared to adopt it,” Post offered. “And it caused them to have to go back and revisit it.”

The supervisor said there’s much to learn about Article 10 (and a new state regulation to replace it).

“That’s another reason to hold things up until we all are better understanding of the Article 10 process and the changes to Article 10, and the experiences of other communities that are in Article 10,” he said. “Planning and zoning board members need to be educated about this stuff because it is a big deal and it is bound to be more time consuming than expected.”

• Building More Than What is Needed

Post said the recommendations of so-called experts has led developers to “overbuild capacity.”

“They’re building solar and wasting energy because the price to develop solar now is so cheap … instead of building what you need, they build 130, 150, 200 (megawatt) -- maybe three times what you need, and if you don’t have a place for it, that’s all right because it’s cheap to build,” he said. “That wasn’t the thinking five or six years ago.”

• Battery Storage

Post said the advancement in battery stations likely have expanded the solar farm feasibility map.

“At the outset, we were comfortable that there would be very few places available for solar development because of the need for the connectivity to part of the grid that was able to handle the output,” he explained. “There was essentially a limitation on the number and locations of solar because National Grid’s network wasn’t able to connect all these farms – it had to be where there was capacity and those places on that map were limited.”

Now, Post said that he and the town’s engineering staff suspect that the mapping has changed.

“With these battery things, maybe you can store it up and feed it back in little bits and quantity. So, we have to address it,” he said.

• ‘Hidden’ Costs to Municipalities

Post said increasing administrative costs are cause for a discussion about whether a tax should be imposed upon solar farms, which (to varying degrees) already are subsidized by tax dollars. Currently, the town does not tax property owners who are leasing land for solar.

“Again, five years ago we didn’t expect there would be any cost to service a solar farm. They got a driveway cut, and they don’t request any services from the town. There’s no need for police or fire or highway or water or sewer. Essentially, it’s like driving past a field of alfalfa – there’s nothing there. So, we weren’t looking to exploit that because we didn’t anticipate any costs,” he said.

Today, the town is “really seeing how expensive the administration of these applications is – with the engineering review and the decommissioning bonds and our attorney’s fee, and just the overall cost of the community’s resources because we are stretched thin,” he advised.

Post said he had no opinion either way but sees the need to get people to the table to look at the cost issue.

He said the moratorium will not affect solar projects that are in the pipeline – it should be noted that the town has permitted numerous solar farms thus far – and that “anything new coming in can wait 90 days or so.”

“Once the public hearing is held and we pass the moratorium, hopefully we will have more public participation … and hopefully we will be in a better place with COVID and have a better idea of our revenues,” he added.

Press release:

• Genesee County received 52 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• One hundred and eighteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Thirty-four of the positive individuals are hospitalized.
• Seven of the new positive cases are residents at the New York State Veterans Home – At Batavia.
• Six of the new positive cases are residents at LeRoy Village Green Residential Healthcare Facility.
• Three of the new positive cases are residents of Premier Genesee Center for Nursing & Rehabilitation.
• One of the new positive cases are residents of Genesee Senior Living.
• We are saddened to report the COVID-related death of a resident who resides at Genesee Senior Living and a resident who resides at Premier Genesee Center for Nursing & Rehabilitation.
• We are saddened to report the COVID-related death of three community residents. Two of the residents were over 65 years old and one was less than 65 years old.
• We will not be releasing any further information to protect the privacy of the individual and their family.  Our deepest condolences go out to the families and friends of these individuals during this difficult time.​

​

• Orleans County received 63 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon).
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • Eleven of the individuals were on mandatory quarantine prior to testing positive.
  • Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nineteen of the current positive individuals are hospitalized.

Williams was arrested after he allegedly unlawfully entering an occupied village residence at 3 a.m., while the occupants were asleep upstairs. They awoke upon hearing noises in the upstairs hallway and the homeowner confronted Williams at gunpoint, holding him until the police arrived.

It is alleged that Williams unlawfully entered the residence with intent to commit a crime therein and while inside the residence possessed a cell phone he used as a flashlight to assist in the burglary. No one was hurt during the incident and no shots were fired.

This investigation is ongoing and anyone with information or having similar incidents is asked to contact the Le Roy Police Department at 345-6350.

UPDATE Dec. 30, 6:23 p.m.: The defendant was released on his own recognizance after processing.

Press release:

Data Update – Including data since Thursday, Dec. 24^th after 2 p.m.

Due to the increased numbers from the holiday weekend, we anticipate to have the data updated over the next couple of days in order for staff to make sure the date is properly vetted.

• Genesee County received 101 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• One hundred and forty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Correction: Six recoveries have been retracted from today’s number as four previously reported are residents of the NYS Veterans Home at Batavia and two are residents of Le Roy Village Green Residential Healthcare Facility. Persons reported recovered are community members only. 
• Thirty-eight of the positive individuals are hospitalized.
• Three of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility. 
• Three of the new positive cases are residents of Premier Genesee Center for Nursing & Rehabilitation.
• Two of the new positive cases are residents of Genesee Senior Living. 
• Two of the new positive cases are residents at the New York State Veterans Home – At Batavia. 
• One of the new positive cases is a resident at The Grand Rehabilitation and Nursing at Batavia. 

• Orleans County received 80 new positive cases of COVID-19.
• The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby) 
  • Central Region (Carlton, Gaines, Albion, Barre) 
  • East Region (Kendall, Murray, Clarendon).
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s. 
• Fourteen of the individuals were on mandatory quarantine prior to testing positive.
• Seventy-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Eighteen of the current positive individuals are hospitalized.
• Nineteen of the new positives are inmates of the Orleans Correctional Facility.

Brodes J. Gibson, 59, of Bank Street, Batavia, is charged with second-degree assault and criminal possession of a weapon in the third degree. Gibson was arrested on an unrelated incident by Medina PD and later turned over to Batavia PD on a City of Batavia Court arrest warrant. The local charges stem from a domestic incident at 3 a.m. Oct. 20 at a lower apartment on Bank Street in the city. Gibson allegedly stabbed a person with a knife. Following arraignment, he was jailed without bail. He was due back in court on Dec. 23. The case was handled by Batavia Police Officer Stephen Cronmiller.

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested Dec. 19 after an investigation into an incident at 3:38 p.m. Dec. 19 at an upper apartment on Maple Street in Batavia. It is alleged that he violated a court order and burglarized a residence. He was arraigned in Batavia City Court and put in jail. Bail status not provided. He is due back in court on Jan. 25. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Wesley Rissinger.

Aaron Michael Hatt, 24, of Broadway Road, Alexander, is charged with: operating a motor vehile while impaired by drugs; driving while impaired by a combination of drugs and alcohol; aggravated unlicensed operation in the third degree; unlicensed operation of a motor vehicle; vehicle at a standstill on a public highway. Hatt was arrested at 9:22 a.m. on Dec. 24 on Old Creek Road in Alexander after an investigation of a vehicle parked in the roadway with a male slumped over the wheel. He was issued tickets and is due in Alexander Town Court on Feb. 9. The case was handled by Genesee County Sheriff's Deputy Jacob, assisted by Deputy Ryan DeLong.

Jason W. Wolf, 44, of Maple Street, Batavia, is charged with: insufficient turn signal; consumption of alcohol in a motor vehicle; refusal to take a breath test; aggravated unlicensed operation of a motor vehicle in the first degree; and unlicensed operator. Wolf was arrested at 8:30 p.m. on Dec. 20 on Elm Street in Batavia. The arrest was made after a complaint about an allegedly intoxicated driver on East Main Street. The vehicle was located and a traffic violation was allegedly observed. Wolf was arraigned in Batavia City Court and put in jail. Bail status not provided. He was due to return to city court on Dec. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Brent Joseph Graham, 32, of Sand Hill Road, Akron, is charged with: driving while intoxicated -- with two previous convictions within 10 years; aggravated DWI -- a BAC of .18 percent or more -- with two previous convictions within 10 years; aggravated unlicensed operation in the first degree; reckless driving; failure to reduce speed under special hazard; operating a vehicle without an ignition interlock device as required; and operation in violation of restrictions. After a personal-injury accident on Main Road in the Town of Pembroke at 10:13 p.m. on Oct. 25, Graham was arrested. He was issued appearance tickets and is due back in Town of Pembroke Court on Jan. 21. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Jason Saile. They were also assisted by the New York State Police, City of Batavia Fire Department Special Operations Water Rescue Team, Mercy EMS, and Pembroke and Indian Falls fire departments.

Alyssa Jade Garrett, 22, of North Street, Geneseo, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; and moving from lane unsafely. Garrett was arrested at 6:35 p.m. on Dec. 20 on Perry Road in the Town of Pavilion following a property-damage accident. She was released on appearance tickets and is due in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Sgt. Andrew Hale.

Press release:

Data Update – Due to the Christmas holiday, we will not be reporting out on Friday. Monday’s report will include Friday and the weekend coverage. We would like to take this time to wish everyone a healthy, safe and Merry Christmas! Please limit contact and time with non-household members, wash hands frequently and wear a mask/face covering to limit the spread.

o Genesee County received 123 new positive cases of COVID-19.

The new positive cases reside in the:

• • West Region (Alabama, Darien, Pembroke);
  • Central Region (Alexander, Batavia, Bethany, Corfu, Elba, Oakfield);
  • East Region (Bergen, Byron, Le Roy, Stafford and Pavilion);
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Thirty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty-nine of the positive individuals are hospitalized.
  • Thirteen of the new positive cases are residents at Le Roy Village Green.
  • Seven of the new positive cases are residents at New York State Veterans Home – At Batavia.
  • Twenty-three of the new positive cases are residents at Genesee Senior Living.
  • One new positive case is an inmate at the Buffalo Federal Detention Center.
  • One positive case previously reported as a resident of Premier Genesee is actually a resident of Genesee Senior Living.
• Orleans County received 26 new positive cases of COVID-19.
  • The new positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby);
  • Central Region (Carlton, Gaines, Albion, Barre) and the
  • East Region (Kendall, Murray, Clarendon).
  • The individuals are in their 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Two of the individuals were on mandatory quarantine prior to testing positive.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Eight of the current positive individuals are hospitalized.
  • Eight of the new positives are inmates of the Orleans Correctional Facility.

Funeral home owner Michael S. Tomaszewski, arrested in July after an investigation that uncovered multiple incidences of potential fraud, was arraigned in Genesee County Court today on more than 200 counts of grand larceny, falsifying business records, offering a false instrument in filing, scheme to defraud, and failure to deposit.

As he did when first arrested and arraigned in Town of Batavia Court, Tomaszewski entered a not guilty plea.

Tomaszewski waived his right to have a grand jury review the evidence against him and potentially issue indictments against him. He was arraigned on what's known as Superior Court Information (SCI) that lays out all the charges in the same form as a grand jury indictment.

It is 101 pages long.

Tomaszewski is accused of taking money people used to prepay for funerals and instead of depositing the money in appreciate bank accounts then using the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include: 67 counts of third-degree grand larceny; 28 counts of fourth-degree grand larceny; four counts of falsifying business records; 93 counts of failure to deposit; seven counts of petit larceny; and counts of offering a false instrument for filing in the first degree; and scheme to defraud.

During the virtual arraignment today, the attorneys discussed the possibility of reaching a plea deal within the next six weeks.

Tomaszewski remains released from custody on his own recognizance. His next scheduled court appearance, which will also be virtual, is 1:30 p.m., Feb. 2.

Alecia Kaus/Video News Service contributed to this report.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Tomaszewski charged in case of failure to bury remains of veteran

A 52-year-old Batavia man already previously convicted on child pornography charges has been indicted once again in Federal Court.

Matthew Barber is charged with receipt and possession of child pornography, which carries a minimum mandatory penalty of 15 years in federal prison.

According to the U.S. Attorney's Office of Western New York was previously convicted in 2007 and was sentenced in 2007 to 74 months in federal prison. He was given five years of supervised release but he failed a sex offender treatment program.

Barber reportedly had a job in Batavia. He was dismissed after allegedly placing a USB flash drive into a work computer. He May, he was charged locally with unauthorized use of a computer.

As a condition of his parole, Barber was required to notify NYS Parole if he was terminated from employment. That day, U.S. Probation and NYS Parole searched his residence and seized a cellular phone and a flash drive.

According to the U.S. Attorney's office, investigators found 1,100 images and 40 videos of child pornography on the drive. Several hundred other images and 200 videos were allegedly found on the phone.

Barber was arraigned today in Federal Court. 

The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; and the Batavia Police Department, under the direction of Chief Shawn Heubusch.

Press release:

Data Update - COVID-19 is widespread throughout Genesee and Orleans counties. With the high prevalence of active cases, we are changing the way we are reporting the positive cases to regionally rather than listing each of the towns. Detailed demographic data is still being captured by the state

• Genesee County received 50 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Corfu, Elba, Oakfield)
    • East Region (Bergen, Byron, Le Roy, Stafford and Pavilion)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • Seventy-four of the previous positive individuals have recovered and have been removed from the isolation list.
  • Twenty of the positive individuals are hospitalized.
  • Sixteen of the new positive cases are residents at Le Roy Village Green.
  • Six of the new positive cases are residents at Premier Genesee.
  • Three of the new positive cases are residents at New York State Veterans Home – Batavia.
  • We are saddened to report the loss of a community member. The individual was over 65. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.
• Orleans County received 15 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre) and the
    • East Region (Kendall, Murray, Clarendon).
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 70s and 80s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Eight of the current positive individuals are hospitalized.
  • Four of the new positives are inmates of the Orleans Correctional Facility.