notify

Press release: 

New Positives – As of 2 p.m.

• Genesee County received 20 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Darien, Elba, Le Roy, Oakfield and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • Fifteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of the positive individuals are hospitalized.
  • Two of the previous positive individuals were transferred to another county. This has been reflected in our PUI numbers.
• Orleans County received 10 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Clarendon, Shelby, Murray and Ridgeway.
  • The individuals are in their 0-19s, 20s, 30s, 60s, and 70s.
  • Three of the individuals were on mandatory quarantine prior to testing positive.
  • Eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Four of the positive individuals are hospitalized.

Joseph Allan Dean, 37, of Stringham Drive, Batavia, was arrested by the Genesee County Local Drug Task Force and members of the Batavia Police Department on Nov. 6. A Genesee County Court indictment warrant was issued for his arrest. According to the warrant, he is charged with two counts of criminal sale of a controlled substance in the third degree, a Class B felony, and two counts of criminal possession of a controlled substance in the third degree, also a Class B felony. His arrest concluded an investigation into the transportation, sale and possession of cocaine in and around the City of Batavia. At the time of his arrest, Dean was allegedly found in possession of cocaine and other controlled substances. He was additionally charged with: criminal sale of a controlled substance in the third degree with intent to sell, a Class B felony; criminal possession of a controlled substance in the third degree; possession of a narcotic drug -- one half ounce or more, a Class B felony; criminal possession of a controlled substance with intent to sell, a Class D felony; and two counts of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Dean was arraigned in Genesee County Court and Batavia City Court and then released on his own recognizance. He is due back in court on Dec. 7. The Genesee County District Attorney's Office assisted in the investigation.

Kyle Douglas Clark, 30, of Fletcher Street, Tonawanda, is charged with second-degree harassment -- physical contact. At 1:30 a.m. on Nov. 15, Clark was arrested on Park Road in Batavia. It is alleged that Clark physically abused a staff member after an altercation at a hotel on Park Road. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicolas Chamoun.

Toby Matthew Cappotelli, 39, of Beadle Road, Brockport, is charge with: Felony driving while intoxicated; felony DWI with a BAC of .18 percent or more; moving from lane unsafely; aggravated unlicensed operation in the second degree; and open container of alcohol in a motor vehicle; and speed not reasonable and prudent. He was arrested at 4:42 p.m. on Nov. 16 on North Street Road, Le Roy, after an investigation into a single-vehicle accident. He was issued traffic tickets returnable to Le Roy Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Update: 5:15 p.m. Tuesday:

Assemblyman Steve Hawley weighed in on this situation, calling it "shameful" that the state is holding these funds that are "earmarked and due to our counties to be used for public safety locally."

Hawley said he sent a letter to Gov. Cuomo on Oct. 20 asking him to release all funds for the PSAP Operations and SICG initiatives that were authorized through the 2019-20 fiscal year budget and "ensure that future authorizations are released in full in the budget year they are appropriated."

"It’s similar to the governor withholding funds for snowmobile trail maintenance and grooming," Hawley said today. "These funds have nothing to do with the state, and they are not tax money."

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

Did you know that New York State collects $1.20 every month as a public safety communications surcharge on your cell phone bill?

Maybe not, but Byron resident Steven Sharpe of Byron is aware of it and he believes that it’s time for Gov. Andrew Cuomo to release the millions of dollars in grant funding set aside for dispatchers and first responders to perform their jobs to the best of their abilities.

“I am surprised that during a pandemic Governor Cuomo is not releasing PSAP Operations (9-1-1 Center) or Statewide Interoperability Communications Grant funds, but instead we are spending $11 million on car charging stations,” said Sharpe, referring to a Nov. 12 article on The Batavian about the state’s plan to underwrite a network of fast charging stations to support wider adoption of electric vehicles.

Sharpe said the PSAP Operations grant is $10 million spread across all county 9-1-1 systems statewide, and the SICG is $45 million statewide to fund public safety radio system maintenance and upgrades for first responders, such as police, fire, emergency management services, hospital ambulance staff and county health departments for use at COVID-19 testing stations.

“New York State is claiming they can't release the grant funds because of budgetary crunches, but the revenues for these grants come from the $1.20 they collect from every cellular device on your monthly bills,” Sharpe said. “Those revenues are still being collected by the state; they are just not distributing the money according to the law.

The law that Sharpe referred to is the New York Consolidated Laws, Tax Law, Section 186-f regarding the public safety communications surcharge.

Per the law, the surcharge of $1.20 – actually a user tax – is imposed on each wireless communications device in service during any part of the month. This surcharge is reflected on the monthly bill.

Paragraph (c) of the law stipulates that up to $75 million of the money collected from this surcharge is to be used for support public safety communications systems and first responders.

The $10 million PSAP Operations grant and $45 million SICG are funded from this stream of money, according to Sharpe, who added that officials of the New York State Association of Counties, New York State 9-1-1 coordinators, and New York State Emergency Management Association have sent letters “pleading with the governor to release these funds.”

“This is a bipartisan issue – not a Republican, Independent or Democrat issue -- but it seems to be going nowhere,” Sharpe said.

Sharpe said the state is taking in more than $200 million annually from the surcharge, with only about 30 cents of the $1.20 being used to fund the grants. He said that this pool of money is separate from funds earmarked for the state’s general budget and that Albany has no legal right to divert it.

He said that the NYS 911 Coordinators Association (of which he is a member) applauds the Federal Communication Commission’s inquiry into New York’s fee diversion practices.

In its letter to the FCC, association officers wrote that the state “diverts critical revenues away from organizations that perform lifesaving work into the General Fund with no accountability as to how the revenues are spent or allocated. Past requests using Freedom of Information Law have yielded little information as to how the State uses funds taken from consumers.”

Sharpe said that the money is needed now, more than ever, with COVID-19 continuing to make its presence felt in society.

“As much as people want to say that COVID hurt us, COVID did not hurt this revenue stream,” Sharpe said. “COVID may have increased this revenue stream because more and more people are using online services and cell phones now to get to work and for work. Local surcharge revenues have not dropped off at all during the pandemic.”

He said the law requires this money to be used for a specific purpose and that the state is not following its own statute.

“What are they doing with it? Perhaps they're making interest on it or they’re paying their other bills, but that’s not what the law says they’re supposed to do with the money,” he said. "Honestly, no one knows what they're doing with it." 

The law was enacted to not only fund public safety communications but also to help counties with their budgeting process, Sharpe said.

“It’s based on the number of users on the system. So, this actually helps local taxpayers and local municipalities stay under the tax cap,” he said. “If Cuomo doesn’t release these funds, where does the shortfall come from? It has to come from the county’s general fund, or worse, the county can say we can’t do things.”

Previous story: Cuomo announces funds to build fast charging stations, first-round applications due by Feb. 18

Implicit bias is, according to dictionary.com, a predisposition that results from the tendency to process information based on unconscious associations and feelings, even when these are contrary to one’s conscious or declared beliefs.

That concept has been widely discussed and analyzed in recent weeks in the context of social justice and policing, and it came up tonight during a meeting of the Genesee County Police Reform and Reinvention Collaborative via Zoom videoconferencing.

Laura Williams, a Social Studies teacher at Elba Central School and committee member, asked Sheriff William Sheron if his department is doing anything to address implicit bias.

“As part of being a teacher, I feel like I have very open blinders and I have for many years, and since March, I have been doing a lot of reading about this movement of Black Lives Matter and police force … (and) one thing that I dove very deep into is this notion of implicit bias and it really opened my eyes, even though I thought my eyes were very open about this notion of implicit bias,” Williams said.

“Is there any more training that you’re doing with your staff and everybody in your department to revisit again this idea that we all have this bias and we all need to reimagine everything the way that we address every single issue that we’re handling?”

Sheron, after noting that Julie Carasone, another committee member, did a presentation for county management people on bias, said that “is an area where we could definitely use more training.”

Mandatory Training in the Works

“The officers do receive training in the basic academy … and there’s really not much follow-up to it. So, we have mentioned that as one of the things – and I am sure the Division of Criminal Justice Services, through the Municipal Police Training Council, is going to make that a mandatory in-service training, probably on an annual basis,” he said. “It’s absolutely an area we need to focus on as we move forward.”

He then mentioned systematic racial bias, stating that although he had no studies specific to Genesee County to report, he didn’t think his agency has the “degree of issues that maybe your inner city or your larger city departments have.”

“I think that not only the Sheriff’s Office but the Batavia PD, Le Roy PD – we’re very well supervised and scrutinized, and quite frankly, officers don’t put up with that.”

Still, he said he believes that increased awareness and education regarding implicit and racial bias should be part of ongoing in-service training.

Williams commended Sheron on running a department that has taken steps to foster community relationships.

“I have been having those conversations with friends of mine in Le Roy and in Elba, where I work, that the reason that it is so difficult for many of us in Genesee County to grasp the conflicts going on across the country is because, I think, we really don’t have this enormous issue with our police force and our Sheriff’s department,” she offered.

Very Few Complaints Against Officers

Sheron said he has received very few – “seven or eight this year,” he said – complaints about officer behavior and very few, if any, about excessive force.

On interaction with the public, he acknowledged that there is always room for improvement.

“Some officers have a very good demeanor with the public; some officers can use improvement,” he said. “Again, it’s give-and-take. You give respect; you get respect. But even if you don’t get that respect, you (police officer) still have to be professional and just do your job.”

He said complaints are dealt with immediately.

“We have a complaint form that is given to the individual to file a complaint and we start looking at the body cam video right away. We do not accept performance by an officer that is less than par,” he said.

Rachel Gelabale, international student at GCC and committee member, asked about the Sheriff’s Office’s interaction with the community through activities and events, particularly a shopping day with kids around the Christmas season.

“Yes, we do. That’s called Shop with the Cop,” Sheron said. “We’ve always hooked up with Walmart to do that for the kids. Unfortunately, from what I’m being told, this year Walmart will not be taking part in that.

Program for Needy Kids is on 'Target'

“However, Target has a program that they have started, called Stuff the Cruiser, and each of the police agencies here in Genesee County will have a patrol vehicle out in front of Target and individuals can buy toys and so forth for the needy here in the county and we will distribute them.”

Tonight’s meeting also touched upon de-escalation training and practices, and law enforcement assisted diversion programs.

Sheron said his department doesn’t have a de-escalation policy, but refers to guidelines in the use of force policy.

“I believe the DCJS and MPTC is going to come out with a mandatory in-service training for a year,” he said. “We do go through a use of force training every year in conjunction with our firearms training.”

The ability of deputies on road patrol to bring a situation under control is vital to successful police work, Sheron said.

“Genesee County is very rural and our patrols are spread thin. It’s well known and accepted by our officers out there on the street that they better be able to de-escalate because their backup may be 15 to 20 minutes away. And they’re very good at it,” he said. “I always say you’re going to do more with your mouth than you’ll do with your fist. They need to talk. They need to communicate with people.”

He said his agency will be forming a de-escalation policy after receiving a model policy from New York State.

“As an accredited agency, it’s much easier to follow exactly what they want us to do and the boilerplate they give us to work with than to try and reinvent the wheel,” he said.

A Model for Restorative Justice

Genesee Justice has been a model for restorative justice and diversion for many years, and continues to play a huge role in the community, said Catherine Uhly, the agency’s director.

Uhly outlined through PowerPoint slides the various components of the program that utilizes community sectors to ensure that the victim is heard and the offender has a chance to make amends, in most cases, without being incarcerated.

“You’re giving the voice to the victim, you’re giving the offender some accountability for what they have done, but you’re also giving them some competency development,” she said. “Our program is not just punishment … go to jail and you get out. Our programs try to develop some competency in the offender so they go on in their lives and do not recommit crimes. And encompassing it all is community safety.”

Uhly said Genesee Justice currently is working with 439 victims, including a large group affected by a breach-of-services case of a local funeral home director.

Genesee Justice also is working with 127 people in the DWI Conditional Discharge program for first-time offenders, 60 people in the Released Under Supervision and another 25 in the Pre-Trial Release programs (both alternatives to jail time) and 49 people in Ignition Interlock Supervision that aren’t part of DWI Conditional Discharge.

Community service is a longstanding part of Genesee Justice, with 165 offenders -- including those in the DWI Conditional Discharge track -- currently performing volunteer hours at nonprofit organizations throughout the county.

Uhly said GJ has a “high success rate” when it comes to those not violating while under supervision, but she did not have statistics on the rate of re-offending after completing the program.

When moderator Robert Bausch asked for some suggestions about how police officers can improve community relations, the subject of school resource officers came up.

SROs Forging Positive Relationships

“I think that is one of the big things with the SRO program,” Sheron said. “The relationships that we have made in the schools … sometimes you have to lay the law down, but more often than not, the relationships that we have made with the children are just phenomenal.

“They look up to the police officers again and they recognize that we are human beings and that we have families, too, and that we have made mistakes in our lives – and there’s really nothing we can’t get through if we all work together.”

He said all schools except Elba have SROs, and he speculated that cost could be a contributing factor in that district’s decision to not have one.

That prompted Williams to express her opinion on the matter.

“I work at that school and I think that that is part of it, but I also think that there’s a whole other aspect that’s sort of along the lines of what we are talking about here,” she said. “I think there are two methods of approaching this and bridging the gap between officers and, in this case, kids.

“… I think there’s a whole other audience we need to tap into as well. I think that there are some people who are hesitant to bring officers into a building for fear of scaring kids rather than acclimating kids to the positives that can come out of having an officer more directly in their lives. I’d be willing to help you with that.”

Sheron said he would appreciate any help.

“What you said, yes, I have heard that,” he said. “I was hoping that the SRO pretty much sells itself -- once you get the officer in there and they see what a good service it is, and how much the kids really enjoy it. And there’s the safety factor also.”

The group’s next meeting is scheduled for Dec. 7, with discussion expected to revolve around restorative justice practices, community-based outreach and conflict resolution, and problem-oriented policing.

A Rochester man swept up in a drug bust on Liberty Street in March that led to the arrest of himself and four other people, along with the seizure of 56 bags of crack cocaine, avoided further jail time in his sentencing today in Genesee County Court.

Marquise Lee, 36, had been charged with criminal possession of a controlled substance third, a drug-dealing charge.

After his guilty plea over the summer, he was placed on interim probation. His success in that program, along with ongoing employment in his father's construction business, and his care for his children during their in-home studies during the coronavirus pandemic helped nudge Judge Charles Zambito toward a probationary sentence.

First Assistant District Attorney Kevin Finnell asked the judge to follow the Probation Department's recommendation and give Lee six months in the Genesee County jail.

The ongoing pandemic also seemed to factor into Zambito's decision.

"Quite honestly, I have to be careful about who I put in jail here these days," Zambito said. "It shouldn't sway the decision. It shouldn't be that way but I guess I'll give you the benefit of the doubt and give you a chance to prove you deserve probation. 

"I remember you told me before that you didn't sell drugs, that you were just there and you didn't know what was going on," Zambito added. "That doesn't make sense to me. You admitted it (when Lee pled guilty). I hope you are helping out with your wife and kids and doing whatever you can to lead a law-abiding life. You don't need to be in jail but we don't need you selling drugs."

Lee was adjudicated a second felony-offender because of a 2017 DWI conviction.

As part of his plea deal, Lee agreed to forfeit $659 in cash recovered at the crime scene. The money will go to the Sheriff's asset forfeiture fund. 

On his five-probation sentence, Lee was given credit for the seven months he served on interim probation. He also previously served 31 days in jail on the charge.

He was also ordered to have no communication with his codefendants, Angela R. Bateman, Nikki L. Stonebraker, Joseph T. Burr, Derek E. Wilcox.

"You're not to be around them," Zambito said. "They will only get you into trouble."

At the end of the sentencing, Zambito transferred Lee's case to the Monroe County Probation Department.

New Positives – As of 2 p.m. 

• Genesee County is reporting 78 positive COVID-19 cases that includes Friday, Saturday, Sunday and today. This reconciles the positive cases from last week, including the 30 reported on Friday.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield, Pavilion, Pembroke and Stafford. 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s 70s, 80s, and 90s.
  • Nine of the individuals were on mandatory quarantine prior to testing positive.
  • Thirty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Five of the positive individuals are hospitalized.
  • Two of the active positive cases are residents from The Grand Rehabilitation and Nursing at Batavia, and one is a resident at the Batavia VA Medical Center. 

• Orleans County received 25 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Clarendon, Carlton, Gaines, Shelby, Murray, Yates and Ridgeway.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Three of the individuals were on mandatory quarantine prior to testing positive.
  • Eighteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Six of the positive individuals are hospitalized.
  • The Health Department has received word of two residents of The Villages of Orleans Health and Rehab testing positive. No further information will be shared.
  • The Health Department has received word that one staff member of the Medina Central School District has tested positive. The individual is on mandatory isolation until they recover. Contact tracing has been done for those who are considered close contacts and will be on mandatory quarantine for 14 days from the last contact with the positive individual. 

Click here to view the Genesee and Orleans County online map of confirmed cases.

A reminder the numbers listed as positive/active are current community cases. The recovered numbers are only for community cases and do not include non-county regulated facilities. The total positive cases includes community active/positive, community recovered and all those from non-county regulated facilities.

The Genesee County Legislature’s Public Service Committee this afternoon approved the acceptance of a $758,980.80 bid by Concrete Applied Technologies Corp. of Alden – one of 12 bids submitted to Highway Superintendent Tim Hens – to replace the Upton Road over Bowen Creek bridge in the Town of Batavia.

Due to COVID-19 precautions, the meeting was held remotely via Zoom videoconferencing.

In a highly-competitive bidding process, CATCO’s bid was just $650 less than the next lowest bid, Hens said, adding that he is aware of the company’s solid reputation.

“We have never worked directly with them but they have been involved with the City (of Batavia) on a few projects,” he said. “They did the Main Street project about 20 years ago and they have a very good reputation. They’re a well run company and they do a lot of work in Buffalo and Rochester.”

According to the resolution that was voted upon, 95 percent of the cost will be covered by federal aid with the remaining 5 percent to come from the county’s Reserve Fund.

Hens said CATCO’s bid is $68,000 less than the engineers’ estimate of probable construction costs.

Work is expected to begin next spring or summer.

In other action, the committee:

• Voted in favor of a one-year contract with Safe Driver Solutions of Dansville, effective Jan. 1, for federally required drug and alcohol testing, terminating a previous pact with Partners in Safety of Middletown.

Hens said a couple issues factored into the decision, including having a company closer to Genesee County and Safe Driver Solutions’ pricing procedures.

Partners in Safety charges the county for all of its drivers, even if they aren't selected for random drug and alcohol testing, he said.

“It just happens to be the timing of our renewal of our annual contract, and their (Safe Driver Solutions) pricing structure is different because they only charge you for the actual people who get selected randomly,” Hens said.

He explained that "the pool is actually much (larger) because the way they operate under federal rules, they basically create a driver pool with all of their clients – so we get lumped in with the towns in Livingston County and Livingston County highway.”

“It’s a bigger group of people so we’re not hitting as many employees on an annual basis, and essentially not getting charged for that.”

Hens said he anticipates saving around $1,000 annual with Safe Driver Solutions and likes the fact that the county will be working with a local company to address issues concerning screening, post-accident responses and reasonable suspicious responses. Per the contract, Safe Driver Solutions staff members travel to the highway department to do the testing.

• Voted to add a second citizen representative to the Criminal Justice Advisory Council, following up on CJAC’s decision at a meeting in September to make the committee as diverse as possible.

To make room for the citizen rep, the Genesee County Bar Association delegate has been removed in light of the appointee’s recent retirement and a sufficient number of attorneys and law enforcement members on the committee.

The CJAC, created in 1981, services to promote public good and safety through improved coordination and cooperation among criminal justice agencies and other organizations in the community. More than 30 people from law enforcement, human services and social services agencies are on the committee. 

Long Island native Weldon Ervin is counting on a change of scenery and the love of his young family to permanently put a decade of criminal activity and confusion in the rear view mirror.

Ervin, 28, is a resident of the Village of Le Roy now, living at the home of the Bianchi family. He and his girlfriend, Chelsea Bianchi, have two children together -- 2-year-old son, Nicola (Nico, for short), and 1-year-old daughter, Alani.

He is a black man in a rural community with a minority population of 1.7 percent – a far cry from the diverse mix that he encountered growing up in the shadow of New York City.

He also is a participant on the Le Roy Police Reform and Reinvention Collaborative, a 15-member committee formed in compliance with Gov. Andrew Cuomo’s Executive Order No. 203, accepting the invitation of Police Chief Chris Hayward, whom he considers a close friend.

Hayward got to know Ervin through his relationship with Bianchi’s parents – his longtime neighbors – and believed that Ervin’s life experience would enhance the group’s discussion and help shape the reform plan that has to be submitted to New York State by April 1.

Chief: Ervin Would Be An Ideal Candidate

“Being a small community, it’s not your exposure to law enforcement, I guess, that people of color deal with in larger communities,” Hayward said. “And Weldon being from Long Island has had some experience with law enforcement and also the criminal justice system, so that’s why I felt that he would be an ideal candidate to be on the reform committee to give his insight on some important issues.”

The governor’s mandate requires municipal police agencies to review policies and procedures, and adopt a plan that addresses, “the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color.”

The Le Roy committee’s next meeting is scheduled for this Tuesday.

The Batavian sat down with Ervin and Hayward at Le Roy Village Hall last week to talk about the former’s life experiences and, more importantly, what he has learned from those experiences.

Without question, Ervin’s road to Le Roy was a rocky one, marred by short stints and long stays in penal institutions in New York City, Long Island, and the counties of Westchester, Greene and Seneca. All told, he spent 10 years behind bars – not all at once, but in and out due, in part, to prescription drug addiction, a troubled childhood and a rebellious attitude.

He became entrenched in the criminal justice system and, after more trials and tribulations, his time on parole ended and he found his way to what is proving to be a more serene existence in the Genesee Region.

Growing Up Without His Father

“I was born in Hempstead, Long Island, and I just found that out when I saw my birth certificate recently and then we relocated to Far Rockaway, Queens,” said Ervin, who with his three brothers was raised by his mother. “My dad (Weldon Ervin Sr.) wasn’t really in my life.”

With no father in the home, that put a lot of pressure on his mom to raise Ervin, his brother, Cedric, 27, and stepbrothers, Norell, 19, and Avery, 14. And being the oldest, much of the duties of caring for the younger siblings fell upon Weldon, who had was dealing with other issues.

“I saw a lot of anger in my mom; the strife toward my dad was taken out on me,” he said. “There was a little abuse growing up, from what I can remember it was physical, verbal and emotional. I still love my mother and I can’t hold it against her. She made sure we were in the right schools and had good clothes.”

Ervin said his mom was an excellent athlete, competing in basketball, soccer and volleyball, and she instilled that love of sports into him.

“My mom taught us the fundamentals of things,” he said. “We went to sports camps. My favorite sport is baseball, then basketball and then football. My late grandfather loved baseball. We used to go to his house every Saturday and Sunday. He would teach us how to play baseball and things that we could shape the game of baseball in our own way.”

Mom Sacrificed For Her Children

Ervin said his mother, who lives in Long Island, sacrificed a lot for her him and his brothers, sending Ervin to Bethel Christian Academy in Jamaica, Queens, from first through eighth grade – and working three jobs in order to cover the bill.

“My mom was a social worker – still is – working at an all-female group home, and we took the bus – and it was tiring. I remember one time seeing the tuition and it was $5,200. I was, like, wow. Certain times she said we couldn’t go to school for a day or so, and I guess that was because she needed time to get the money to pay the tuition,” he said.

Ervin said he didn’t have much of a relationship with his stepfather and had to learn how to gauge the mood of his mother to avoid confrontation.

“He tried, but I really didn’t let him in. Growing up from the abuse, when you come home from playing outside and then you’re like, I had to analyze my mom to see what kinds of day she was having because that would predict would kind of night I would have,” he said. “I had to come into the house and just watch my mom. She would read her Bible, and I would say, all right, she’s done this before.  I know how she would act and I know when something was troubling her.”

He said it was tough on him to watch after his brothers while his mother worked the third shift.

“I was the caretaker of my brothers. When they woke up, they’re asking me, ‘Where is mommy?’ I’d say, ‘Mommy’s at work. You want some chips?’ We would eat chips and watch TV.”

Prescription Drugs Take Their Toll

The grind took its toll on Ervin and soon he was seeing a psychiatrist and taking Klonopin to help him behave in school. “My mom should have taken the initiative and said no (to this),” he said. He was 12 or 13 years old at the time.

From there, he was prescribed Xanax as he entered Lawrence High School on Long Island, thrusting him into an environment of different races and opportunities.

“It was just different. It was very diverse. You had 30-percent black, 30-percent white, 30-percent Spanish and 10-percent miscellaneous. I said, this is all right,” he recalled.

Before long, however, he had hooked up with a classmate and he was selling some of his Xanax pills.

“We spoke business. But I didn’t know any different. I figured I didn’t need this much – here. Money. Thank you,” he said.

Soon thereafter, at the age of 16, he had his first encounter with the law.

One of his friends stole some guns from another friend’s house and was arrested. A week later, after being implicated by one of the others, Ervin was charged with third-degree burglary, a Class C felony.

“I told them that I didn’t have any guns and I didn’t sell any. (But) I was there and now I was a part of it,” he said.

Jail Time And Placed On Probation

He received a jail sentence of six months and was put on probation for five years. Thanks to a letter from a school counselor, he served only 20 days.

That was just the beginning of Ervin’s legal problems, however.

While on probation – and in the throes of his Xanax addiction – he stole something from the church where he attended in Far Rockaway, but said he doesn’t remember it.

“I then was sent to Rikers Island (an island in the East River between Queens and the Bronx that is home to New York City's main jail complex),” he said.

Hayward was quick to interject: “That’s not a good place.”

Ervin’s lawyer got him out due to his drug addiction and the 17-year-old was sent to a program at Phoenix House in Westchester County.

“I was a follower back then,” he said. “When I got to Phoenix House, I began to sell cigarettes. I didn’t smoke cigarettes, so it was all profit. With my frequent court and probation appearances, I was able to bring cigarettes and tobacco back (into the rehab center).”

Failing to focus on his recovery or school, Ervin said he rebelled and just thought about getting back on the street. He ended up being kicked out of the program after three months.

His Anger Would ‘Go Through The Roof’

All the while, he increased the amount of Xanax he was taking in an effort to control his rage.

“If I couldn’t get my Xanax, my anger would go through the roof,” he said, recalling that he slapped one of his brothers for drinking his grape juice.

In January 2010, Ervin was charged with grand larceny and ended up serving 13 months in Nassau County Jail, and after that, an incident involving an MS-13 gang member resulted in a 22-month stay at Coxsackie Correctional Facility in Greene County.

Ervin’s account of the latter situation indicated that he was in the wrong place at the wrong time.

“One day, one night, me and my friend were walking with his girl and his cousin,” he said. “In that area, a lot of Hispanics don’t get along with blacks and there’s a lot of MS-13 down there. We’re walking and we see them. I don’t have any problems with these people. I am not the kind of person who beats people up.”

He said the MS-13 guy “acts like he has something concealed, but he’s just a poser. My boy runs to him – says I can take everything from you right now -- and the guy takes off running.”

As it turned out, the MS-13 member accused them of stealing from him and brandishing a 12-inch kitchen knife, and Ervin was charged with several counts related to robbery and attempted robbery.

Ervin, then 19, was placed in a lineup, went to trial and was found guilty of second-degree attempted robbery and sentenced to three and a half years at Coxsackie Correctional Facility. He served 22 months.

Obtaining His GED While Behind Bars

While in Nassau County Jail, Ervin obtained his GED (General Education Development certification) and he served as a teacher’s assistant at Greene.

“I was just doing it to stay sharp in the books, and I also started working out and got a job in the rec yard to work out more. In the winter, I got a job in the gym to keep my mind off of everything,” he said.

His jail time wasn’t over, however, as he was incarcerated on and off over the past six years for parole violations, serving time at Willard Drug Treatment Facility in the Town of Romulus, Seneca County and, lastly, in Nassau County.

“Last year was my first birthday since I was 19 that I was home for my birthday,” he said, adding that his final day in jail was June 17 of this year.

After meeting Chelsea in 2017 through a friend of a friend, he said, he attempted to switch his parole to this area, hoping to live with her in an apartment in Perry. Although the landlord was fine with it, the parole board had different ideas.

“When you transfer, they would have to tell you (the person that I would be staying with) my record,” he said. “So, they told her this and that, and she said, ‘that’s all right.’ But they just basically said no.”

Problems With The Parole Board

Ervin said the parole officer tried to change Chelsea’s mind and they eventually convinced the landlord that he was “this horrible person.” His plan to live in Perry fell through.

According to Hayward, a parole board’s handling of these situations is part of the problem.

“Once these folks get into the criminal justice system, I sometimes don’t think there is the desire on the part of parole or other persons to want to get them out,” he said. “It’s been my experience for as long as I have been a cop, that once somebody gets in the criminal justice system, pretty much they stay there because of stuff like this. They want to keep them in that system and not give them the opportunity to make things better.”

Hayward said it is a systemic issue, but he doesn’t believe it is assigned to any specific race.

Ervin said he thinks the parole board doesn’t take the initiative to look at how a person has progressed when they evaluate placement.

“It’s your job to help my get back into the community as a human being and help me understand that this is the right way to live,” he said. “If you looked at my record, you’ve seen that everything happened in Long Island. Why wouldn’t you want me to come up here? Is it because of my race? Is he going to cause problems? Or, you know what, we can give him a chance; maybe this can help him.”

Hayward said he was rebuffed by the parole officer when he tried to help Ervin get a transfer to this area.

“When they were trying to get him up here, I actually spoke with the parole officer who was doing the investigation and it was not a positive conversation at all. I really was taken aback by it,” he said. “I’ve known Chelsea’s parents for quite some time, we’ve been neighbors for about 20 years. They’re good, solid people, and that’s where Weldon was going to be living.”

Happy To Live A ‘Boring Life’

Ervin admitted that he was a persistent parole violator, but is excited to report that his time on parole is over, he’s not on any mandated programs and he’s happy to live what Hayward called “a boring life” with Chelsea, who is studying to be a nurse, and the children in Le Roy.

When asked if he still is on medication, Ervin said he takes something to help him sleep at times, but that “my kids are my addiction now.”

“My anxiety, I deal with it. My kids are my support … even if I have a thought of something, it will never turn into action,” he said. “If I have a thought, ‘I wonder what’s going on in Long Island?’ it doesn’t matter because I will be having to dodge a toy thrown by Nico, and say, ‘OK, I’m not going to Long Island.’ ”

He said he understands his role on the Le Roy Police Reform Collaborative and seeks to share his input and what he has been through to committee members and the general public who may not be aware of some aspects of the criminal justice system.

“I’ve lost time that I can’t get back, but to be on this committee is a good opportunity. It’s my experience. It is my story and I feel like if my experience can help someone else or someone else can see that this place is a very good place compared to other places, then I think that can be very beneficial.”

Ervin spoke about the next generation and the importance of teaching them and the need to “keep evolving and evolving.”

Surprised To Hear About Le Roy’s SRO

He said he was surprised to learn that Le Roy Central District has a school resource officer (Sean Ancker) who interacts with students in a positive way.

“And he’s not dressed like a cop,” he said. “When I would go to school, I would see cops in vests – kids were getting put on a wall and being searched because maybe they had a button on their jeans and it (metal detector) kept ringing. It’s not welcoming because that was the first thing you’d see when you went to school. That creates fear.”

Hayward said Ervin has demonstrated that he wants to be a good father and role model.

“What happened in the past needs to be in the past. And he doesn’t need me as a police officer or anybody else in law enforcement to be constantly reminding him of his past. I am going to judge him for who he is now and not for what he was then,” he said.

The chief said children aren’t born not liking blacks or not liking whites, and said it is up to the parents to set them on the proper course.

“My granddaughters come up and visit, and go out – and when my youngest granddaughter goes out and talks to Nico out in the backyard, she’s not looking at him as a little black boy, she’s looking at another little boy her age. And that’s how it is supposed to be.”

Ervin said he has made some new friends -- they are Chelsea’s friends – but does keep tabs on friends in Long Island through social media.

He said that after years of hustling, scheming and fighting, he’s managed to find peace in his life.

“I just came to the realization that what I was doing in the past wasn’t working,” he said. “Where I was at is not it. But I am proud in that through my upbringing and the abuse and the Xanax, I have been able to become the man who I am. I’m sure someone can relate to my story … I’m not alone. Hopefully, my story can help somebody else.”

Photo: Weldon Ervin, left; Le Roy Police Chief Chris Hayward and Le Roy Police Sgt. Greg Kellogg. Photo by Mike Pettinella.

The number of people in Genesee County who are known to be infected with COVID-19 continues to grow at a high rate, according to the lastest news release from the Health Department.

The county now has 98 people in mandatory isolation because of COVID-19, which is more than double the high of the spring outbreak.

That's an increase of 30 new known cases since yesterday.

Press release:

New Positives – As of 2 p.m.

• Genesee County received 30 new positive cases of COVID-19.
  • This is reflective from the cases reported yesterday. Due to the volume of positives cases received today, data will be updated as soon as possible. Staff is working on contact tracing.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Elba, LeRoy, Oakfield, Pavilion and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the positive individuals are hospitalized.
  • The Health Department has been notified of a two positive staff members at Batavia Middle School. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced.
  • The Health Department has been notified of a two positive students and one positive staff member at Pavilion Middle School.  The individuals are on mandatory isolation until they recover.  Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced.
• Orleans County received 12 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Shelby, Murray, Kendall and Ridgeway.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Three of the individuals were on mandatory quarantine prior to testing positive.
  • Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the positive individuals are hospitalized.
  • The Health Department has received word of three Orleans County jail inmates testing positive. No further information will be shared.

Russell James Hamilton, 30, of Myrtle Street, Le Roy, is charged with: operating a motor vehicle while impaired by drugs -- first offense; unlawfully fleeing a police officer in a motor vehicle, 3rd; second-degree menacing -- with a weapon; second-degree obstruction of governmental administration; and criminal possession of a weapon with intent to use. Hamilton was arrested in the Village of Le Roy after allegedly fleeing from a traffic stop that was made at 2:15 a.m. Sept. 7 on Main Road in Stafford. Hamilton is accused of fleeing from Genesee County Deputy Kenneth Quackenbush, who attempted to stop him for a vehicle and traffic law violation. It is alleged that Hamilton fled in his vehicle into the Village of Le Roy, with deputies in pursuit, then fled from his vehicle on foot, and was taken into custody shortly thereafter. While being taken into custody, it is alleged Hamilton tried to strike a deputy with a dangerous instrument. It is also alleged that Hamilton was driving while impaired by drugs. He was released on appearance tickets and is due in Le Roy Town Court on Dec. 1. Village of Le Roy Police Officer Austin Steinbrenner assisted in the case.

Robert D. Wood, 30, of Mill Street, Batavia, is charged with: second-degree harassment; first-degree criminal contempt; and second-degree burglary. At 2:44 p.m. on Nov. 11, Batavia Police Officer Peter Post arrested Wood after a domestic incident that occurred on Wood Street in Batavia. He allegedly entered the residence in violation of a stay away order of protection agains him and is accused of shoving a person there during an argument. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $10,000 cash bail, $20,000 bond, or $50,000 partially secured bond.

Morgan Lee Cox, 52, of West Main Street, Batavia, is charged with second-degree harassment -- physical contact. Batavia Police Officer Nicole McGinnis was made aware of an incident which took place at 6 p.m. on Nov. 8 on West Main Street in Batavia. It is alleged that Cox was involved in a physical altercation and that he punched a person in the face. He was arrested and released with an appearance ticket for Feb. 9 in Batavia City Court. Batavia Police Officer Austin Hedges assisted in the case.

Barbara C. Pridmore, 62, of Mechanic Street, Elba, is charged with: driving while intoxicated -- first offense; aggravated DWI -- with a BAC of .18 percent or more; moving from lane unsafely; obstructed view; and failure to obey traffic control device. Pridmore was arrested at 11:46 p.m. on Oak Street in the City of Batavia after a motor-vehicle accident in which a vehicle crashed into a telephone pole. She allegedly performed poorly on field sobriety tests, was arraigned in Batavia City Court, then processed at Batavia Police headquarters and issued traffic tickets. She is due in city court Feb. 17. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jordan McGinnis.

Ashley Ilene Hightower, 28, of Bank Street, Batavia, is charged with second-degree harassment. She was arrested following an investigation of a harassment complaint pertaining to an incident that occurred at 4:21 p.m. Nov. 8 on Bank Street, Batavia. She was issued an appearance ticket to be in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Wesley Rissinger.

Katherine J. Briggs, 41, of South Main Street, Batavia, is charged with false written statement. At 4:20 a.m. on Nov. 11, Briggs allegedly knowingly gave a false statement to a City of Batavia police officer. She was issued an appearance ticket and is due in Batavia City Court on Feb. 9. The case was handled by Batavia Police Officer Jordan McGinnis.

Press release: 

Press release:

Dear Batavia Blue Devils Community:

I am writing to provide you an important update regarding COVID-19 and Batavia Middle School.  

I have been notified and in contact with the Genesee County Health Department and the District’s Medical Director that there have been two new positive COVID-19 cases of Batavia Middle School staff members.  The employees were NOT in school with any symptoms and were considered asymptomatic prior to getting tested.

As a result of contact tracing, which focuses on a 48-hour window of time this has caused one additional staff member and 50 students who were deemed as “close contact” to quarantine for 14 days.  Any student and staff member that was identified as a “close contact” has already been contacted by the Batavia Middle School administration. The Genesee County Health Department will also follow up with identified students and staff. 

These cases do not impact our ability to continue to operate Batavia Middle School and the school will remain open for our in-person hybrid learning model. 

New York State has launched the “School COVID Report Card” site, where you can view COVID-19 data associated with all schools in New York.  To protect the privacy of students and staff, we will never release personally identifiable information. 

Please continue to be vigilant in your efforts and help us prevent the spread of COVID-19. For additional reliable information on preventing the spread of COVID-19, please go to www.cdc.gov or www.health.ny.gov

Please also don’t hesitate to contact Batavia High School or the District if you have any questions or concerns. 

Better Together… WE are Batavia!

Anibal Soler Jr.
Superintendent of Schools
Batavia City Schools

A lack of staffing because of the spread of COVID-19 in the community is forcing owner Kathy Ferrara to close Batavia's Original for the weekend.

Ferrara will evaluate staff availability on Monday to see if she can reopen.

Five workers at the pizzeria have tested positive and because of close contact, several more are in mandatory quarantine for two weeks and can't come to work.

None of the five who have tested positive for COVID-19 contracted the virus at work, Ferrara said. Three had been to Halloween parties and one hosted a card game and the other contracted it from a family member.

Ferrara emphasized that she's required employees to wear masks at all times. She said they've been diligent about it. They've also been diligent about sanitizing every surface in the restaurant. 

In fact, Ferrara is frustrated because she's made it clear over these many months of the coronavirus pandemic that her employees need to follow CDC guidelines at work and in their personal lives as well.

She said she isn't sure a lot of young people get how serious the disease is and she tries to tell her employees they may feel young and healthy but they come into contact with their parents and grandparents and they could get them sick if they're not careful.

"A lot of people seem to think it's over and it's not over," Ferrara said. 

With the recent resurgence of the disease, Ferrara is concerned not enough people are taking seriously the need to slow the spread.

"I just don't know what the solution is," Ferrara said.

Gov. Andrew Cuomo’s latest round of COVID-19 restrictions, which began on Wednesday with bars, restaurants and fitness centers, now will have an impact upon casinos with state oversight.

Henry Wojtaszek, president and chief executive officer of Western Regional Off-Track Betting Corporation, said today that the casino floor at Batavia Downs Gaming on Park Road will have to close at 10 o’clock every night until further notice.

“There are two restrictions that affect us – the first one that came down about the bars and restaurants having to shut down at 10 and this one that says the gaming floor has to close at 10,” Wojtaszek said. “We’ll be closing at 10 p.m. instead of 1 a.m. right now.”

When it was mentioned that it will hurt business, he said, “It’s going to, but … we prefer being open even if it is for reduced hours instead of being closed.”

Wojtaszek said he was informed that the hours of opening limitation could be in effect for 30 days.

On Wednesday, Cuomo announced new restrictions, ordering that effective at 10 p.m. tomorrow (Friday), bars, restaurants and gyms or fitness centers, as well as any State Liquor Authority-licensed establishment, will be required to close from 10 p.m. to 5 a.m. daily.

The governor said that restaurants will still be allowed to provide curbside, food-only pick up or delivery after 10 p.m., but will not be permitted to serve alcohol to go. The State Liquor Authority will issue further guidance for licensees as to what sales are continued to be permitted.

Mancuso Reacts to Restaurant Restrictions

Rick Mancuso, owner of T.F. Brown’s Restaurant on East Main Street in Batavia, said he has no choice but to follow the order, but said he speaks for all restaurateurs when he says he is finding it increasingly difficult to maintain operations when considering the effects on employees and the industry’s small profit margin.

“Safety of our employees and customers is paramount and we will continue to follow all of the state guidelines as well as the health department regulations,” Mancuso said. “Unfortunately, adhering to the guidance has been very costly in purchases of PPE (personal protective equipment) as well as having to shoulder the operational overhead on roughly 50 percent of historic sales.”

Mancuso said he agrees with a statement from Melissa Fleischut, president and CEO of the New York State Restaurant Association, who called the news “a huge blow to the restaurant industry that is desperately trying to stay afloat.”

“We understand the logic behind micro-cluster restrictions, but at this time we have concerns about blanket statewide restrictions like this,” she said.

“I agree with Melissa’s statement and it certainly has been challenging to navigate the frequent changes and guidelines,” Mancuso added. “It’s most difficult for our hard-working and dedicated employees. Everyone is in the same situation and my concern is for all of our locally owned and operated businesses.”

Cuomo urged local governments to enforce the rules.

After 10 p.m., “If the lights are on and people are drinking, they get a summons,” he said.

Cuomo said that if the COVID-19 numbers continue to rise, further restrictions will be put into place, including limiting restaurants to operating at 25 percent capacity across the state.

The new restrictions also apply to indoor and outdoor gatherings at private residences, with limits set at no more than 10 people. Reasoning behind this is that the virus spread recently as a result of small indoor gatherings and Halloween parties.

Press release:

New positives since Tuesday, Nov. 10 as of 2 p.m. today (Nov. 12*):

• Genesee County received 40 new positive cases of COVID-19.
  • Due to the volume of positives, further data will be updated tomorrow.
  • Staff are working on contact tracing.
  • The Health Department has been notified of a positive staff at Batavia High School. The individual is on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced.
  • The Health Department has been notified of a positive student at Byron Bergen Jr. /Sr. High School. The individual is on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual. The school will remain open for learning unless otherwise announced. 
  •  
• Orleans County received 30 new positive cases of COVID-19.
•  
• The new positive cases reside in Albion, Shelby, Clarendon, Barre, Gaines, Yates, Murray and Ridgeway.
• The individuals are in their 0-19s, 20s, 30s, 40s, and 50s.
• Ten of the individuals were on mandatory quarantine prior to testing positive.
• Five of the previous positive individuals have recovered and have been removed from the isolation list.
• The Health Department has been notified of a positive student at Holley High School, Albion High School and Lyndonville High School.  All of the students were on mandatory quarantine prior to testing positive. Albion also has one staff member who tested positive and was not on quarantine prior to testing positive. The individuals are on mandatory isolation until they recover. Contact tracing is in process for those who are considered close contacts and will be placed on mandatory quarantine for 14 days from the last contact with the positive individual.
• One of the positive individuals is hospitalized.

*No data was released yesterday -- Wednesday, Nov. 11 -- because of Veterans Day; so the latest data is a two-day total.

Update: 3:30 p.m. with comments from Victor Gautieri, president of V.J. Gautieri Constructors Inc. on the proposed changes:

The crux of the change is when we started looking at when the folks walk in on the first floor, into the building, there is a corridor that leads ot the elevator, and then they take the elevator up to the second floor. Well, there were three turns that had to be made before you actually reached the elevator door. So, from a safety perspective and people's comfort level, I guess, it is better to have fewer turns and a more direct access to the elevator doors.

We made it much more convenient to get to those elevator doors, but in order to do so, we had to move the elevator from within the second-floor footprint. It's now coming out -- outside of the building, adjacent to the outside wall of the building (on the north side).

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

The Genesee County Planning Board tonight is expected to consider a site plan review referral from the City of Batavia Planning & Development Committee on behalf of V.J. Gautieri Constructors Inc.. The company is proposing to relocate an elevator leading to the second-floor apartments of the Ellicott Place project at 45-47 Ellicott St.

According to a document submitted by City Code Enforcement Officer Doug Randall, the applicant has requested approval to modify the previously approved design of the second floor by moving the elevator originally planned for the interior of the existing building to a location on the exterior wall of the north elevation.

Randall wrote that the change would result in an exterior alteration to the building that is located in a Central Commercial (C-3) zone within the Business Improvement District.

In its submission for modification proposal, V.J. Gautieri officials report that the basis for the changes “is to develop a more easily accessible, safe entry for the second-floor apartment tenants, wherein the travel distance and corridor turns to the first-floor elevator access point would both be reduced to a more desirable condition.”

Specific changes, as outlined in the new plan, include:

• On the south elevation, utilizing the existing stair to the second floor instead of pushing it outside of the second-floor footprint, which required a second-floor addition.

• On the north elevation, shortening the distance to the apartment elevator, (which) required the shaft and associated exit stair to be pushed outside the second-floor footprint. This change will result in the construction of a 19- by 23-foot second-floor addition, with the exterior in wood cladding to keep with the second-floor visual design.

• On the interior, requiring the southwest apartment to be changed from a two-bedroom to a one-bedroom unit, and the northwest apartment to be changed from a one-bedroom to a two-bedroom unit. Thus, the total number of one- and two-bedroom apartments will not change.

Work is underway on the Downtown Revitalization Initiative project, a $2.3 million renovation of the exterior of the building and the vacant space that will include 10 market rate apartments on the second floor.

Plans call for the construction of seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor, and includes the development of 18,000 square feet of first-floor commercial/retail space.

In a related development, planners also will look at an area variance request from Signs by John’s Studio on behalf of V.J. Gautieri Constructors and Save-A-Lot to

According to a City of Batavia sign permit application, there will be a 15-foot by 96-inch wall sign, a 44-inch by 145-inch pole sign and two 23-inch by 36-inch entrance/exit signs.

Both referrals have been recommended for approval by Genesee County Planning Department staff, but will be subject to review by the City Planning & Development Committee and, in the case of the sign application, by the City Zoning Board of Appeals.

Also on tonight’s agenda is a special use permit and site plan review to erect two buildings with eight apartment units each in a Limited Commercial zone at 8940 Alleghany Road (Route 77), near Cohocton Road, in the Town of Pembroke.

The applicant, Daryl Martin Architect, P.C., of Orchard Park, proposes to build a pair of two-story structures – each featuring seven two-bedroom apartments and one one-bedroom apartment for property owner/developer Tim Cansdale.

Planning department staff recommendation is approval with modifications pertaining to driveway and stormwater permits, and adherence to Enhanced 9-1-1 standards.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

A fire gutted a home at 162 State St., Batavia, this morning, claiming the lives of three cats and a dog.

The residents were not home at the time of the fire, which was reported by multiple callers to emergency dispatch at about 8 a.m. The residents arrived on scene shortly before 11 a.m., Chief Stefano Napolitano said.

An off-duty firefighter, according to the chief, was passing by the residence and spotted the flames. He stopped and was informed a person might still be inside the residence, so he attempted to gain entry to the house and was beaten back by flame and smoke.

Firefighters arrived on scene and quickly knocked down the flames, which had already consumed much of the interior of the house, and made a first and secondary search of the residence and found no people inside.

No firefighters were injured.

The cause and origin of the fire are still under investigation.

Being a “numbers person,” when some key figures indicating the status of his health didn’t add up, Chris Ace sprang into action.

In August, the 49-year-old Batavian was losing weight and was extremely thirsty. Although he hadn’t paid a visit to the doctor’s office in about eight years, he felt he needed to call his primary physician – Dr. Suwarna Naik – and find out what was going on.

“I wanted to do whatever I had to do immediately to correct the problem,” said Ace, a process engineer at Chapin International Inc. “The way I was eating, I had no business losing weight and although it was in the summer, I was really, really thirsty – drinking a ton of water.”

Ace said he did some research online and figured his symptoms were related to either diabetes or a thyroid problem, leaning more toward the former. When his blood sugar count was determined to be 476 and his A1C level came in at 12.1 (Glycated Hemoglobin Test), he knew things had gone haywire.

The very next day, Ace found himself taking part in a one-to-one consultation with Amy Miller, registered dietitian and certified diabetes educator for United Memorial Medical Center's Health Living department.

“A normal blood sugar reading, according to the American Diabetes Association, is 80 to 130 – that’s fasting, before meals,” Miller said, “and the A1C ranges are 4 to 5.6, normal; 5.7 to 6.4, pre-diabetes, and 6.5 or more, diagnosis of diabetes.”

Without question, Ace’s numbers were in the danger zone, with the readings combining to put his average blood sugar level for three months at 300.

Ace’s condition – Type 2 diabetes -- was not a result of being extremely overweight; it was more about the amount of carbohydrates that he was consuming on a regular basis.

“I ate two good meals a day, breakfast -- usually fruit and yogurt -- and a salad for lunch, but I went off the rails at night, figuring that since I ate healthy meals during the day, I would be OK,” he said. “My wife, Lisa, and I would go out for ice cream and, since she is such a great baker, I was eating a lot of sweets. And I love chocolate.”

He said that learning about the disease from Miller and attending three of the department’s Living Healthy With Diabetes classes in September have made all the difference in the world as he now has his blood sugar in check and his A1C down to 5.6.

"I thought that I wouldn't like sitting through two-and-a-half-hour classes, but it went by just like that," he said. "I learned so much from Amy."

In fact, Ace could be considered a “poster child” for diabetes awareness through his motivation, record-keeping and diligence, Miller said.

Fittingly, November is National Diabetes Awareness Month, an annual event to inform the public of the risk factors, symptoms, types of diabetes and steps that can be taken to keep things under control.

As it stands, more than 30 million people in the United States have some form of diabetes and one in four don’t realize they have it.

“Chris came in with materials from his primary care physician and a list of questions during our first meeting, and he was very motivated,” Miller said. “The numbers really work for him. After showing him the numbers, he latched onto those numbers and went with it. He executed what needed to be done and implemented those changes.”

Miller and Jill Pickard, a registered nurse and certified diabetes educator, teach the Living Healthy with Diabetes course, a four-part ADA-accredited* series that covers facts about the disease, testing, carb counting and medications/complications.

The classes are scheduled on Thursdays at various times each month at the Healthy Living office at 164 Washington Ave. Most insurance plans cover the sessions, Miller noted.

Ace said he learned that the “biggest component is knowing how to eat.”

“Anytime I heard the word diabetes, I thought of sugar, sugar, sugar,” he said. “You can eat sugar. It’s all about counting the carbs. That’s the way to control my blood sugar.”

Miller said there is no such thing as a “diabetic diet.”

“We use the meal planning method – carb counting,” she said. “There is no right or wrong way. It’s about balancing the diet with adequate nutrition, including all of the food groups, with special attention to carbohydrate intake. It’s important to eliminate excess sugary foods like candy bars and sweets, and make healthy food choices.”

Miller said she uses the BMI (Body Mass Index) chart to determine a person’s target weight, based on his or her height.

Both Ace and Miller see his story as a cautionary tale to others with diabetes or experiencing similar symptoms.

“Chris’s story is very empowering for others,” Miller said. “Diabetes doesn’t take a break. It’s a constant and it can really wear on people, and can cause depression.”

Ace’s advice is to the point: “People should go to the doctor. Don’t put it off like I did.”

In fact, Ace, who is utilizing a special app to count his daily carbs, has become an unofficial spokesperson for Healthy Living.

“When I told a coworker about my diabetes and what I am doing now, he said, ‘You’re always eating a healthy lunch, and you have it?’ ”

Soon after, that coworker had made an appointment to see his doctor.

*ADA: American Diabetes Assocation.

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

For more information about UMMC’s Healthy Living department and the Living Healthy With Diabetes program, call (585) 344-5331.

Photo: Amy Miller and Chris Ace outside the UMMC Healthy Living office. Photo by Mike Pettinella.

Greg Robert Solomonidis, 24, of Little Canada Road, Bethany, is charged with second-degree assault. At 3 p.m. on July 24, Genesee County Sheriff's deputies took a report of an assault that allegedly occurred at a tavern on Attica Road in the Town of Alexander. Following an investigation, Solomonidis was arrested on Nov. 11, arraigned in Genesee County Court and released on his own recognizance. He is accused of striking a person in the face, causing serious physical injury. He is due in Town of Alexander Court on Dec. 21. The case was investigated by Deputy Erik Andre, assisted by Deputy Kenneth Quackenbush.

James Michael Caccamise, 32, of Warboys Road, Byron, is charged with: operating a motor vehicle while impaired by drugs -- first offense; criminal possession of a controlled substance in the seventh degree; and moving from lane unsafely. At 3:37 p.m. on Sept. 30, Caccamise was arrested after an investigation into a single-vehicle accident that occurred on Fotch Road in Satfford. It is alleged that Caccamise overdosed on fentanyl while driving on a public highway and that he possessed fentanyl at the time. He was released on appearance tickets and is due in Stafford Town Court on Nov. 24. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

A working structure fire is reported at 162 State St. in the city; unknown if occupied. City fire dispatched.

UPDATE 8:08 a.m.: It's gone to a second alarm. Alexander Fire Department's FAST team is called to provide mutual aid, along with Elba. Town of Batavia is called to stand by in their stations. Mercy medics are dispatched to the scene. The location is between North Street and Park Avenue.

UPDATE 8:23 a.m.: Town of Batavia's Engine #24 is called to the scene. Responders are told to approach via Richmond Avenue.

UPDATE 8:25 a.m.: Alexander is unable to secure manpower for its FAST Team; instead they are asked to bring the team assembled to stand by in city fire headquarters. Alexander's Engine #7 is en route. In the meantime, Town of Batavia's Engine #25 is asked to stand by in city fire headquarters.

UPDATE 8:29 a.m.: East Pembroke Fire Department is called to stand by in their quarters for Town of Batavia fire.

UPDATE 8:34 a.m.: Command reports fire is under control. Command asked that the city's Department of Public Works be instructed to shut off water at the road at the fire scene. National Grid is to be notified to turn power off.

UPDATE 8:39 a.m.: Alexander's Engine #7 is at city fire headquarters.

UPDATE 9 a.m.: No one was home when the fire broke out and firefighters have had no contact yet with residents and/or property owners. A cat was brought out alive but it's condition is not known at this time. The cause of the fire is under investigation.

UPDATE 9:16 a.m.: Mutual aid companies are put back in service. Mercy medics left awhile ago.