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Placement of 'nomadic' Genesee Country Farmers' Market is up in the air once more

By Mike Pettinella

While unable to match the specific years with the locations, Genesee Country Farmers’ Market Treasurer Sharon Brent on Tuesday confirmed that the operation featuring the “fruits” of local growers’ and merchants’ labor has been quite nomadic over the past decade and a half.

Brent, asked to comment on Market Manager Elizabeth Carr’s assertion that the market has moved 11 times in 15 years, fired off close to that many sites -- and agreed with Carr, who spoke at Monday night's Batavia City Council meeting, that moving around so much is counterproductive.

“We were out at the (Batavia) Downs and at Kmart for quite a few years. While we have been under the city’s (oversight), we were moved 11 times in 15 years. I have been to every single spot they’ve moved us to,” said Brent, a Middleport resident who owns Schwab Farm Market in Gasport.

The list of farmers’ market locations, according to Brent, include next to the “kiddie stand” at Batavia Downs (for years), the Kmart parking lot, Batavia Downs parking lot, the Alva Place parking lot (previously), the former Super Duper site next to Washington Towers, the parking lot where Wendy’s Restaurant now sits, the Angotti Beverage parking lot and in a lot behind the Genesee County Courts Facility.

“We used to be in this (Alva Place) parking lot when we had an afternoon market that was from noon to 6 p.m.,” she said. “Since then we’ve moved all around the city … and you don’t build a market that way.”

And Brent echoed Carr’s hope that City Council would keep the farmers’ market at its current location: the parking lot at Alva Place and Bank Street.

“Of all the places we have been in the city, other than where Wendy’s is right now, this is the best spot we’ve been at – as far as customers liking it, parking, traffic, everything,” she said.

Brent said she wasn’t about “to buck” the city but said she’s talked to many residents who “can’t believe they want to put a police station here.”

When asked if the farmers’ market carried any weight into City Council decisions, considering it uses the parking lot at no charge, she said her organization was not given an opportunity for input.

“We were told this is where the police station is going to be,” she said. “Did they ask us if we wanted it to be here? No. I don’t live in the city, but I can see that they want you to play nice.”

She said that city residents should have a say in the matter, something that City Council President Eugene Jankowski Jr. said has happened by virtue of a police facility task force that convened in 2015.

“We set up a police building committee years ago of citizens of the community and we left them alone to make recommendations. They recommended a Swan Street location and the second choice was Alva Place parking lot,” he said. “The first choice fell through as the owners didn’t want to sell it to us, so the second location on that list was Alva Place.”

Jankowski said City Council is following the task force’s recommendations.

“It’s property we already own … and we will need it in another year or so when we start construction on that building,” he added. “City Council makes the executive decisions and run the City of Batavia through the city manager. If they have a problem, contact City Council.”

Jankowski said he is disappointed in the farmers’ market stance.

“We notified everybody and the time to make mention of it was several months ago before we expended a lot of resources into that direction (a feasibility study) to put the police department there,” he said. “Even so, it’s a public safety building, it’s public property that we own, and we allow the market to have an event there every year. They fill out an event application and it gets approved because the lot is not being used right now.”

He said he didn’t think there were any promises made to the market, adding that its attempt to attract a Downtown Revitalization Initiative grant fell through.

The thought of the city veering off the course of placing the new police headquarters on the Alva Place parking lot is not a good idea, Jankowski said.

“If we had to spend $500,000 for a (privately owned) building lot, that would reduce the amount of money available for the building itself,” he said.

Jankowski said the city has offered to help the farmers’ market find a suitable permanent location, and welcomes the conversation.

“I think it’s actually a good thing that we’re having this conversation because it tells me that our downtown is thriving and it tells me that property in our downtown is at a premium and that people want it because it is a good thing,” he offered. “But I think the farmers’ market is a little out of line because they have been getting the use of that property at no cost and now we need the property for a public safety building and now they’re upset about it.”

Brent said if the market has to move again, she hopes that the location is in the center of the city and “not off the beaten path.”

A call to Beth Kemp, executive director of the Batavia Downtown Business Improvement District, for comment on the BID’s role in the future of the farmers’ market was not returned at the time of the posting of this story. Kemp also sits on the Genesee Country Farmers' Market Board of Directors.

The 2020 farmers’ market season opened on June 5 and the three-day operation (Tuesdays, Thursdays and Friday) concludes this week.

Four new positive COVID-19 cases in past 24 hours reported

By Howard B. Owens

Press release:

  • Genesee County received four new positive cases of COVID-19.
    • The new positive cases reside in Batavia, LeRoy, and Pavilion.
    • The individuals are in their 0-19s, 30s, and 60s.
    • One of the individuals was on mandatory quarantine prior to testing positive.
    • Twenty-five new individuals are on precautionary quarantine due to travel from restricted states.
    • Two of the positive individuals are hospitalized.
       
  • Orleans County received six new positive cases of COVID-19.
    • The new positive cases reside in Carlton, Clarendon and Murray.
    • The individuals are in their 20s, 30s, 40s, 60s and 80s.
    • None of the individuals were on mandatory quarantine prior to testing positive.
    • Four new individuals are on precautionary quarantine due to travel from restricted states.
    • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
    • Two of the positive individuals are hospitalized.

Also, the Health Department released the following health alert:

“Individuals who attended a wedding on private property on Acton Road in the Town of Clarendon (Bergen mailing address) on Saturday, Oct. 17, may have been exposed to COVID-19,” said Paul Pettit, Public Health director for Genesee and Orleans County Health Departments.

“A significant number of known close contacts have been identified through contact tracing and have been placed under mandatory quarantine or isolation. However, there are individuals that attended the wedding that were not part of the original guest list and those contacts may not be aware they may have been exposed to the virus.”

If you attended the wedding, continue to monitor your symptoms through Saturday, Oct. 31. If you develop symptoms, contact your primary care provider immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

To find a testing site, click here.

City, county partnership aims to utilize Rotary Club grant for youth kayaking at DeWitt Recreation Area pond

By Mike Pettinella

With a boost from the Batavia Rotary Club and The Rotary Foundation, the City of Batavia Youth Bureau and Genesee County Parks, Recreation & Forestry are working together to provide an increasingly popular water sport for children.

Jocelyn Sikorski, youth bureau executive director, reported to City Council on Monday night that the pond at DeWitt Recreation Area on Cedar Street has been identified as a safe and secure place for a kayak launch, made possible through a $6,000 grant from Rotary.

Sikorski, speaking at council’s Conference Meeting at the City Centre Council Board Room, said officials looked at a section of the Tonawanda Creek near Kibbe Park, but determined it was “not really a safe place.”

She said the launch to be utilized at DeWitt Recreation Area will be easy and safe for youth to get in and out of the kayaks.

City Council considered a draft resolution to accept the grant from Rotary for the period of Oct. 1 through April 30, 2021 “to provide assistance to expand outdoor recreation and STEM (Science, Technology, Engineering, Math) education.” After hearing details regarding the city-county connection, it forwarded the measure to its Nov. 9th Business Meeting.

The resolution also calls for the city to “gift” all equipment from the grant – kayaks, kayak launch, paddles and vests – to Genesee County, which will maintain and store it.

Sikorski also said county workers are building a trailer for hauling the equipment back and forth.

The youth bureau is planning to teach kayaking as part of its youth center and summer recreation programming, incorporating STEM learning methods into the curriculum, she said.

As far as the Liberty Center for Youth, the youth bureau’s afterschool social and educational location for students ages 9-16, Sikorski said it continues to be closed due to COVID-19 and likely won’t open until next year.

“The City of Batavia Youth Bureau and Genesee County YMCA need to ensure that the Liberty Center participants have a safe and fun experience with us,” she said. “Currently, we are working through reopening plans carefully and monitoring the potential spike in COVID-19 cases due to increased travel through the upcoming holiday seasons.”

Sikorski said as the reopening date nears, the agency will send out information regarding the registration process as well as COVID-19 protocol in accordance with Department of Health and Batavia City School District protocol.

In other developments:

  • No one from the public spoke at a public hearing to amend the Batavia Municipal Code to include public garages (auto repair stations) in I-1 (Industrial) zones with a special use permit.

Prior to opening the public hearing, council members were required to declare the city as the lead agency in the State Environmental Quality Review, which has determined there will be no significant adverse environment impact.

The zoning ordinance change is a result of a request in January by Batavia businessman Eric Biscaro, owner of Classic Home Improvements, to place an auto repair shop on his property on Ellicott Street. It is expected to be approved at the next Business Meeting.

  • City Council approved a Just Kings’ “Trunk or Treat” event for 6 to 8 p.m. this Friday, noting that all application guidelines – including a certificate of liability insurance listing the city as an additional insured – have been met.

“This is a great event for the kids,” said Council Member Rose Mary Christian, advising that city police will be participating. She said that she will be donating candy to Just Kings.

In other action, Council advanced the following resolutions:

  • Entering into an agreement with a consulting, engineering or design firm (or a combination of those types of companies) for engineering services for the $750,000 Downtown Revitalization Project at Jackson Square, a music venue located between Jackson and Center streets.

Public Works Director Matt Worth said a team including Interim City Manager Rachael Tabelski, Maintenance Superintendent Ray Tourt, a representative of the Downtown Business Improvement District and himself are in the process of scoring the 11 companies that have applied and would get back to City Council either next month or in December with a contract in hand.

Previously, Worth said that the project calls for upgrades such as decorative pavement, enhanced lighting, relocation of electrical utilities, planters, benches, tables, chairs for seating and a new stage. Funds have been provided through the $10 million DRI award from the state to the City of Batavia.

In response to a question from Council Member John Canale about the upgrade decision-making process, Worth said that all stakeholders, such as nearby businesses, vendors who have used the area, BID officials, city staff and the public, will have the opportunity to provide input.

Worth indicated that the design work is to be performed next spring, with construction next fall after the Jackson Square performance season.

  • Accepting public dedication of Carolwood Drive Extension, also known as Clinton Gardens Subdivision Part 21A, following city approval of Batavia Homes and Development’s completion of the installation of stormwater system, sanitary sewer system, water main, house services and street paving to add five more building lots on the street.

Worth said the developer, which was responsible for all project costs, followed the city’s engineering requirements. This sets the stage for the city to take over maintenance of the street, including plowing and fire and police protection.

“One of the houses is close to completion, and it is my understanding that there is some interest (in the other building lots),” Worth said, adding that the extension eliminates two dead-end streets in that northeast section of the city.

  • Contracting with New Wave Energy Corporation of Buffalo for the purchase of natural gas at a rate of $3.28 per dekatherm, which, according to Worth, is 8 cents less than what the city has paid in the past three years.

New Wave Energy, which also has a contract with Western Regional Off-Track Betting Corp., submitted the lowest of two bids. The pact is for three years, starting on Jan. 1.

  • Accepting a $5,000 award from Genesee County STOP-DWI for the police department’s to set up high visibility road checks, saturation patrols and DRE (Drug Recognition Expert) call out during impaired driving crackdown periods.

State grants earmarked for Ellicott Station enhancements give Council members a ray of optimism

By Mike Pettinella

Batavia City Council members are so hungry for news that the Ellicott Station project is moving forward that even budget amendments pertaining to a couple of grants approved two and three years ago are cause for celebration.

At tonight’s Conference Meeting at the City Centre Council Board Room, Interim City Manager Rachael Tabelski introduced a draft resolution amending the budget to reflect a National Grid Urban Corridor grant of $250,000 on behalf of Savarino Companies LLC of Buffalo. That's the developer of the $22.5 million mixed-use brownfield project on the site of the former Soccio & Della Penna construction company and Santy’s Tire Sales on Ellicott Street.

Ellicott Station is one of several city ventures that have been awarded funds from the state’s $10 million Downtown Revitalization Initiative program. Plans for the project were first announced more than four years ago.

Tabelski said the National Grid grant that was approved in 2018 along with a Restore New York grant for $500,000 approved in 2017 are “pass through” items that the City facilitates for the developer.

She said it was an oversight that the grants previously weren’t put into a resolution form and given expenditure and revenue account designations, and “will not affect our bottom line in any way.”

“The Ellicott Station project, which everyone has heard about for many years, was awarded two grants back in 2017 and 2018 – one from Empire State Development called the Restore New York grant and that is a $500,000 grant to rehab the old electric building that’s on that site,” she said following the meeting. “That will be rehabilitated to house a microbrewery business, and the city has had success with Restore New York grants in the past. That will come to Council at the next Conference meeting next month.”

She said tonight’s National Grid resolution recognizes the city as the applicant “but the work will be done by Savarino Companies.”

“The grant is for $250,000 to enhance the Ellicott Trail on the property area right behind the Savarino campus,” she said. “The trail will be enhanced with lighting, benches, (and) there will be parking areas there as well for people to utilize the trail starting in that area. The hope is that they will also use the restaurant and brewhouse that will be on that site.”

Tabelski said the grant funds won’t be turned over to Savarino Companies until the specific projects are completed.

Council Member Rose Mary Christian expressed that her patience (and apparently that of her colleagues) has been wearing a bit thin, waiting for some activity on the large parcel that is plagued by unsightly buildings with broken windows.

“We’re still up in the air (on this),” Christian said. “I just want to be sure it’s going to go through.”

Tabelski said that Samuel Savarino, the company’s chief executive officer, is looking to close on the entire project in November and December and will be required to have all of his ducks in a row at the closing.

On Sept. 16, The Batavian broke the story that Savarino Companies received nearly $5.7 million in low-income housing tax credits from New York State Homes and Community Renewal.

Savarino called the HCR award “a critical component, which all the other commitments of the project which are in place have been waiting for.”

He said he hoped to start construction “anywhere between the fourth quarter of this year and the first quarter of next year.”

Savarino’s plan is to construct a five-story apartment building with 55 new, modern workforce housing units, as well as a brewery, restaurant/beer garden and potential further development on 3.31 acres. It is expected to create 20 jobs in the city’s downtown area.

Cost Adjustment Necessary

Council also moved to its Nov. 9 Business Meeting a resolution approving a contract increase of $26,013 for the creation of Ellicott Trail, a 9.7-mile bike and walking route that snakes through the city and down from Williams Park to Seven Springs Road.

The $1.7 million project was mostly paid by state Department of Transportation funds, with the City of Batavia and Town of Batavia sharing about 10 percent of the cost.

A complete analysis of the final expense indicate that the city owes $196,763 -- $26,013 more than the budgeted amount. The resolution authorizes the city to use some of its Consolidated Local Street and Highway Improvement Program funding to make up the difference.

Public Works Director Matt Worth said the city has a large enough CHIPs balance to absorb the additional cost without affecting future scheduled projects. He also said that maintenance of the trail should be minimal – mostly labor to periodically regroom the trail (adding stone dust when necessary).

Council Member John Canale commented that Ellicott Trail is becoming “the gem of the community,” adding that its popularity has proved the “naysayers” wrong.

Other Items Move Forward

The board also advanced resolutions pertaining to the Jackson Square DRI project, Carolwood Drive Extension, natural gas commodity contract, amending the municipal code to include public garages in I-1 (Industrial) zones with a special use permit, acceptance of a STOP-DWI “crackdown” award and Rotary Club grant for kayaking activities at DeWitt Recreation Area on Cedar Street.

Watch for details on those projects on Tuesday on The Batavian.

Previous story: City Council set to receive update on Jackson Square project consultant selection process

Farmers' Market manager asks Council to reconsider placing new police station on Alva Place lot

By Mike Pettinella

Speaking on behalf of the Genesee Country Farmers’ Market, Batavian Elizabeth “Betty” Carr tonight asked City Council to rethink its position on placing a new police headquarters on the Alva Place parking lot, proposed action that would force the market to – once again – find a new location.

“I’m here tonight to ask for your help. I’d like to find a path forward to keep the market at the current site, so I’m here to ask your guidance and consideration to agreeing that the police department should find a different home,” said Carr, manager of the downtown seasonal operation, during Council's Conference Meeting at City Centre Council Board Room.

Carr mentioned that the market has moved 11 times in the past 15 years and that it takes at least two years “to ramp back up to full capacity.”

Stating that she is “excited” to live in Batavia, Carr said she wants to help Batavia craft its “ideal market, which I see as a diamond in the rough.”

“I can help build strategic relationships and garner fresh funds. I’m asking each of you for open dialogue so we can work collaboratively together on this,” she said.

Carr also spoke about two New York State food stamp programs that are helping the farmers’ market gain new customers and helping residents -- especially those with low incomes -- buy fresh produce and other homemade items while stretching their food dollars.

“Each of you has in front of you survey results from Field & Fork Network, which is a New York State food stamp program,” she said to the council members. “Field & Fork is trending for doubling, even tripling, some numbers this year. These results show that 73 percent of our customers walk or bike to the market, including senior citizens who enjoy their independence by shopping at the market – using their walkers and motorized scooters.”

She said that food stamp recipients come to the market’s information booth where Carr electronically removes money from their Electronic Benefits Transfer (EBT) card and gives them silver coins for fruits and vegetables only and wood coins for produce and everything else being sold.

The “everything else” items include meat, cheese, bread, honey, maple syrup, olive oil, flavored vinegar, baked goods, canned goods and jams and jellies, she said.

Carr also informed the board about the “Double Up Food Bucks” program that matches up to $20 a day so EBT customers can afford to buy produce.

“The wins are threefold,” she said. “Low income folks are eating better. Our local farmers are gaining new customers and they keep more money. The best part is our food dollars are staying in the region.”

She maintained that moving the market would hurt Batavia.

“Frankly, your farmers are weary of rebuilding from scratch,” she said. “Will you provide the guidance and help make the corner of Alva Place and Bank Street the market’s forever home?”

While no council member addressed her comments during the meeting, afterward Council President Eugene Jankowski Jr. said he was surprised by Carr’s position on the proposed location of a new police station.

“We did a feasibility study on that lot months ago and at that time we notified the mall (merchants), BID (Business Improvement District) people and the farmers’ market – making sure we didn’t affect the mall’s parking spaces – and apparently everyone was on board until tonight,” he said. "We even said we would help the market find a new place."

Jankowski said city officials looked into a few privately owned locations in the city and found that the going rate to purchase those parcels was around $500,000.

“It makes more sense to put the building on city properly centrally located, which is what most people are calling for,” he said. "We save $500,000 right off the bat, the location makes it easy for police officers to access and is not on either side of the city.”

Law and Order: Parolee jailed, accused of striking person in face multiple times in front of a child

By Billie Owens

Jon Hoyt Bush, 37, of Walnut Street, Batavia, is charged with third-degree assault and endangering the welfare of a child. On Oct. 16 Batavia Police Officer Peter Post responded to a residence on Oak Street in Batavia and arrested Bush following a domestic incident. It is alleged that earlier that day at 5:38 a.m., Bush struck a person in the face multiple times causing injury while in the presence of a child. Bush as arraigned in Batavia City Court at 3:15 p.m. and put in jail on a parole warrant. He is due to return to city court on Nov. 18.

Christopher Connor Good, 19, of Cohocton Road, Corfu, is charged with first-degree burglary. On Oct. 20, Good was arrested after an investigation. It is alleged that he unlawfully entered another person's home on Liberty Street in Batavia at 1:34 p.m. on Oct. 20 and caused physical injury to that person. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. An order of protection was issued to protect the victims. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Nicole McGinnis.

Katie L. Wannemacher, 31, of Trumbull Parkway, Batavia, is charged with endangering the welfare of a child, second-degree harassment, and criminal obstruction of breathing. She was arrested on Oct. 17 following an investigation of an incident at 2:30 p.m. on Oct. 17 on Trumbull Parkway in which she allegedly choked someone in front of two children. She was arraigned in Batavia City Court and released on her own recognizance. She is due back in court on Dec. 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Sean Michael Keem, 40, of Bank Street, Batavia, is charged with second-degree harassment -- with physical contact. Keem was arrested after Batavia Police officers Austin Hedges and Wesley Rissinger responded to a disturbance on Bank Street in Batavia at 8:27 p.m. Oct. 17. After an investigation, Keem was arrested for allegedly striking another person. He was released on an appearance ticket to be in Batavia City Court on Jan. 20.

Darrin Mitchell Brown, 31, of West State Street, Albion, is charged with possession of a hypodermic instrument. He was arrested after allegedly being found in possession of several hypodermic needles at on Oct. 19 during the course of a larceny investigation at 6:16 p.m. at the Speedway gas station and convenience store on West Main Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Marcella F. Greene, 36, of Pleasant Valley Road, Bliss, is charged with criminal possession of a needle and criminal use of drug paraphernalia. On Oct. 19, Greene was arrested after an investigation into a larceny at 6:51 p.m. at the Speedway gas station and convenience store on West Main Street in Batavia. Greene was issued an appearance ticket and is due in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Thomas James Sine, 52, of Main Road, Stafford, is charged with aggravated second-degree harassment -- communication of a threat via phone or computer or mail. On Oct. 24 at 10 p.m. Sine was arrested after allegedly having unwanted contact with a person on West Bergen Road in Le Roy and making threats via cell phone. He was arraigned in Le Roy Town Court and is due to return there Dec. 14. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Shante M. Griffin, 28, of Fisher Park, Batavia, is charged with owning an unlicensed dog. Griffin was arrested on Oct. 15 for having an unlicensed dog in an upper apartment on Fisher Park on Sept. 25. Griffin was issued an appearance ticket and is due in Batavia City Court on Jan. 12. The case was handled by Batavia Police Officer Christopher Lindsay.

Andre L. Roberts, 28, of Burrows Street, Rochester, was arrested Oct. 21 on a bench warrant out of Batavia City Court. He allegedly failed to appear as required on Sept.15, prompting the warrant to be issued. Roberts was processed at Batavia Police Headquarters and released on an appearance ticket to be in court Oct. 22. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

Amanda S. Dombrowski, 37, of Versailles Road, North Evans, is charged with failure to appear. Dombrowski was arrested on Oct. 15 on a bench warrant out of Batavia City Court. It is alleged she failed to appear in court as required on Aug. 3. Following arraignment, she was released on her own recognizance and is due back in city court on Oct. 28. The case was handled by Batavia Police Officer Stephen Cronmiller.

Council at-large candidates respond to questions about city's strengths, weaknesses, future

By Mike Pettinella

Incumbent Jeremy Karas and challenger Sammy DiSalvo are on the ballot on Nov. 3 for the unexpired term of Councilman-at-Large on the Batavia City Council.

Karas, who was appointed to fill the seat vacated by Adam Tabelski in 2019, is running on the Republican and Conservative lines while DiSalvo is running as a Democrat.

The Batavian reached out to the candidates for the answers to five questions pertaining to the City of Batavia and a sixth about a book that has had an impact upon them.

JEREMY KARAS

Biographical information:

A resident of Union Street, Karas and his wife, Andrea, have two children – Timothy, a student at Notre Dame High School, and Steven, a student at St. Joseph Regional School. Karas lived in Batavia through

the seventh grade before moving to Elba, graduating from Elba Central School in 1998. He and his family have lived in Batavia for the past 15 years.

He said growing up on a family-owned farm (muckland) on the Genesee-Orleans county line instilled into him a strong work ethic, sense of values and resourcefulness.

Karas worked for Graham Corp. for seven years through 2016, before taking a job with Temp-Press in Rochester, managing its service department. For the past two years he has helped merge two separate service companies that Temp-Press acquired, while also adding to their existing customer base across New York State – providing service for all types of instrumentation and process control in industries ranging from food & dairy, wastewater, water filtration, and manufacturing.

He said that while on City Council, he has learned much about the city, participating in the budget process, Audit Committee and, currently, in the search for permanent city manager.

“My hope is to continue to serve the people of Batavia by using my experience and knowledge to help lead this city forward, while keeping Batavia a safe and affordable place to live,” he said.

What are your three favorite things about living in Batavia?

The people. Batavia residents have a very strong sense of pride in their community. With a population of 15,000, Batavia still feels like a small town in some ways with families staying here for multiple generations and maintaining close relationships with each other.

The future. Batavia’s future is definitely something to be excited about. With the plans that have been set in motion for the downtown revitalization, it is very exciting to see some of these projects taking shape. Having large employers like Graham, O-At-Ka (Milk Products), HP Hood, and, soon, Upstate Farms (a cooperative of more than 300 family-owned dairy farms) means that there will continue to be ample sources of employment for our residents.

The food is amazing! My family and I go out to eat every Saturday night and we love the variety of options we have that are all just a few short minutes away. There is definitely an abundance of great places to eat in Batavia. I will occasionally bring coworkers and clients to Batavia for lunch or dinner and they always leave with a full stomach and a smile.

What is the number one problem facing the City of Batavia and what is your plan to address it?

The financial shortfall caused by COVID-19 is without a doubt the largest problem that we currently face. I believe that we will be feeling the effects of this pandemic for much longer. Our acting city manager and department heads have done an amazing job adjusting their operating budgets thus far but it is yet to be seen how much of an impact the increased deficit that New York State has taken on will affect municipalities in the future.

Describe your vision for downtown Batavia in 10 years?

I would hope that in 2030, downtown Batavia would be a very lively place for people to just come and walk around for shopping, dinner, drinks and entertainment. I would like to see all of the first floor windows on Main Street be full of people inside stores and restaurants. I would also hope that events like Christmas in the City, Beertavia, Wine Walk and The Ramble continue, along with other new events for people of all ages to come down and enjoy.

Should the city build a new police headquarters and where?

Our officers deserve much better than the station that they currently work out of. I believe that all options need to be weighed as to where the new headquarters will be located. I have heard many different suggestions such as using the Genesee County Jail once the county has built a new facility, using the mall now that JC Penney has closed and, of course, the location on Alva Place that has been studied. Whichever site is chosen, a new facility for the police department has to be a priority.

What would you like to see done with the City Centre Mall?

Now that the roof has been completely repaired along with the concourse upgrades in the pipeline, I would hope that we could attract more business and foot traffic. I realize that the retail landscape is not what it was 30 years ago, and the Genesee Country Mall I knew as a kid unfortunately will never be the same. But there is opportunity for medical and service-based businesses to make the mall their new home. The plans that I have seen for the theater (Main Street 56 Theater) are very encouraging, and I hope that it serves as a catalyst for other developments in the mall.

What book first published in English since the Enlightenment has influenced your outlook on life the most?

I have to be perfectly honest, I would have to Google the Enlightenment because I have no clue what it is or when it was. I’m not what you would refer to as a scholar or academic-type person that would readily know the answer to this. Most of my time is spent reading emails, operating manuals, schematics, quotes, and spec sheets. I apologize if this is disappointing to anyone, but I would much rather be honest than submit a fabricated answer.

SAMMY DISALVO

Biographical information:

A fourth-generation Batavian, DiSalvo graduated from Batavia High School before attending Oswego State College, where he received a master's degree in Education and two undergraduate degrees in Math

and Writing. He worked three jobs on campus while a student and graduated cum laude.

After complete his higher education, he worked at Genesee Community College before being offered his current position at a Rochester area college, where he teaches and supervises students. He said he believes that education is our future and we, as a society, should invest more in education.

DiSalvo participates in numerous community events and used to co-own a pop-up board game night that traveled between the local library and a few small businesses around the city. As a runner, he applauds the creation of Ellicott Trail. He also looks forward to visiting his grandmother and hearing her stories about Batavia when she was growing up.

He also is an avid reader and is involved in mobilizing and bringing a voice to rural communities in my position on statewide boards.

DiSalvo said his family was involved with City Council decades ago, as well as the police department, Genesee Valley BOCES and were successful business owners in Batavia.

He said that he will bring “a fresh and dedicated voice to Council.”

What are your three favorite things about living in Batavia?

With the exception of the five years when I went to college for my undergrad and graduate degrees, Batavia has been my home. With that comes the relationships -- both familial and friendly -- that I've developed with high school friends (shout out to my local trivia team), friends I've made in the city through political and personal ventures, and friendships I've made with local business owners. This camaraderie is my favorite part of Batavia.

Secondly, as a runner and someone who loves outdoor activities, I love the new Ellicott Trail, the ability to kayak with my sister in the creek, and having a safe city to go on walks through.

Finally, the diversity that has started to grow in Batavia over recent years has made me feel more comfortable in Batavia and made me proud of my hometown. This includes things such as our first Pride Parade in 2019, the formation of Just Kings in 2020, and the success of nontraditional American restaurants.

What is the number one problem facing the City of Batavia and what is your plan to address it?

While meeting people as I walk the city leading up to Election Day, the No. 1 concern that almost everyone agrees upon is the issue of the mall. Most people want it gone and want to stop having their tax dollars pay for it. I fully agree with these sentiments. My grandparents owned a store in the mall for decades and grandma says that from the day the mall was built, nobody in the city liked it or wanted it. This is what happens when the government stops listening to people.

Tearing down the mall would unfortunately cost the city too much money. You can “put lipstick on a pig” but you need a plan for the next step, which neither Council nor the interim manager has talked about. First, we should get all parcels privatized. Government should not be in the business of playing landlord. A private entity should be spending money on the mall, not taxpayers. We should be working with organizations around the city and county whose job it is to help businesses (such as the Genesee County Economic Development Center) and see what can be done to attract businesses to buy mall parcels.

We need to grow humble as a Council and learn to start listening to experts. One such example of this is three or four years ago the developer who led the revitalization of Canalside in Buffalo came to Batavia and told the city what it needs to do to revitalize, and all of his suggestions were ignored, which included things from how parking is arranged on Main Street to how to utilize the parking lots more effectively. We should start listening to experts who have proven success and maybe our community would see the revitalization it should be seeing.

Describe your vision for downtown Batavia in 10 years?

With the DRI (Downtown Revitalization Initiative) projects starting to occur after three years of having the $10 million, I hope that the money will be invested wisely in projects that will sustain long-term results that will become downtown mainstays for decades to come. Some things that need to happen for downtown and the city to prosper: fill the (C.L.) Carr's building after too many years of it being vacant and a growing eyesore (also we need to fill the old bank on the corner of Jackson and Main, too, and the old Continental School of Beauty building), privatize all individual parcels of the mall like the mall used to be when it was built and a somewhat positive thing for Batavia, fill the other vacant storefronts with businesses people can walk into anytime rather than businesses like lawyer offices, doctors, or dentists, and finally create more grassy areas downtown for people to eat lunch or sit in during summer (downtown has too much concrete and blacktop).

I think of East Aurora and the thriving downtown and tourist area they have with Vidler’s 5 & 10, the restaurants, and the many locally owned businesses from an art store to a book store to clothing shops. What did they do right that Batavia's leadership has let deteriorate over the last 20 to 30 years? I hope to see more community investment, such as the mural behind GO ART! which is reminiscent of the beautiful murals that (Vincenzo) Del Plato painted back in the day on the Southside.

Should the city build a new police headquarters and where?

If the city is being mandated to build a new police headquarters rather than update the existing building, then we have no choice. If we have no choice, then we should appeal the mandate to the state and not stop until the state listens to us. We need to look at why we need a new one and move forward only if it's completely necessary. If we do move forward, we also have to make sure the current station's building will be utilized and not abandoned; we have enough empty buildings around downtown.

If we do build a new police station, there are two places I advocate for: the open lot on Swan Street next to the old Wiard (Plow) Company building (a few years ago, the city asked a group of citizens for recommendations and this was the citizens’ top recommendation), yet Council insists on filling the Alva Place parking lot currently used for the Farmers’ Market rather than using a location that is currently rubble, and the second location is to make use of the mall parcels the city owns (and perhaps acquire the parcel that JC Penney sadly vacated this week) and renovate it rather than spend the projected multimillion dollar price tag that has been talked about for that project.

What would you like to see done with the mall?

I've talked about the mall quite a lot already (it is Batavia’s No. 1 concern) but I'm happy to talk more about it. I do not understand why the city and City Council insist on doubling-down on it when most Batavians want it gone.

The first option would be to privatize all the parcels with individual business owners, returning the mall to the way it was intended to be – privately-owned and thriving with Mom and Pop shops. The City also gets out of the business of being responsible for any part of the mall other than where City Hall is.

A nice touch would be for the entire central roof to be taken off to make it an open plan and then utilize the central stage for the events and performances, similar to how Jackson Square is utilized. I remember spending hours in the mall watching these performances at holidays. A space with so much potential is being drowned by a decade-plus disagreement between parcel owners and the city and a lack of a clear plan forward to bring in businesses to revitalize the mall.

The second option is to use the parcels the city owns and acquire the JC Penney parcel to be refurbished into a police station, if we are forced to build a new station.

What book first published in English since the Enlightenment has influenced your outlook on life the most?

Brene Brown wrote a book titled, "Daring Greatly," that talks about the idea of needing to jump into the arena and advocating for what you believe in. This inspired me to get involved a few years ago when I first watched her TED Talk and then read her book. I recommend this book to anyone who needs inspiration to get be an advocate and jump into the arena of life. She's inspired me to become involved in so much from politics to personal ventures to living life in a more fulfilling way.

The books I first read that influenced me were the Harry Potter series. As a child, it was a series about magic, self-advocacy, anti-hate and the power of young people to make a difference. The series has influenced my perceptions on life and how I form relationships with other people. I still preach the quote, "Words are our most inexhaustible source of magic."

Grand Jury: Man accused of possessing handgun, cocaine and meth while on school property

By Billie Owens

Denzell A. Johnson is indicted for the crime of criminal possession of a weapon in the second degree, a Class C armed violent felony. It is alleged that on Jan. 30 Johnson possessed a loaded firearm -- a SCCY CPX-2 9-mm handgun. In count two, he is accused of criminal possession of a weapon in the third degree, a Class D felony. In count three, Johnson is accused of criminal possession of a weapon on school grounds, a Class E felony. It is alleged in count three that on Jan. 30 he had the handgun while at Jackson Elementary School without written authorization of the educational institution. In count four, Johson is accused of criminal possession of a firearm, a Class E felony. In counts five and six, respectively, the defendant is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly possessing cocaine and methamphetamine that day. In count seven, Johnson is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count seven that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count eight, Johnson is accused of obstructing governmental administration in the second degree, a Class A misdemeanor. It is alleged in count eight that the defendant failed and refused to stop the vehicle he was operating when directed to do so by a Genesee County Sheriff's deputy, then fled on foot from his vehicle in an attempt to prevent the deputy from performing an official function as a police officer. In count nine, Johnson is accused of unlawfully fleeing a police officer in a motor vehicle in third degree, a Class A misdemeanor. It is alleged in count nine that Johnson, knowing he had been directed by a uniformed police officer or marked police vehicle with activated lights or lights and sirens, attempted to flee by engaging in reckless driving. In count 10, Johnson is accused of reckless driving, a misdemeanor, by driving a 2006 Dodge on a public roadway Jan. 30 in a manner that unreasonably interfered with its free and proper use, or unreasonably endangered users of the roadway. In count 11, the defendant is accused of aggravated unlicensed operation in the third degree, as a misdemeanor, for driving while his privilege to do so was suspended by authorities. In count 12, Johnson is accused of unlicensed operation of a motor vehicle, a violation, for driving without being duly licensed to do so. In count 13, Johnson is accused of knowingly using, possessing or displaying an imitation or counterfeit official certificate of inspection for the 2006 Dodge. In Special Information filed by District Attorney Lawrence Friedman, Johnson is accused of having been convicted of the crime of unauthorized use of a vehicle in third degree, a Class A misdemeanor, on March 2, 2015 in Town of Brighton Court and that conviction forms the basis for count two of the current indictment.

Donald Brown is indicted for the crime of third-degree criminal possession of a controlled substance, a Class B felony. It is alleged that on Aug. 12 that Brown knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Brown is accused of the same crime for allegedly also possessing fentanyl with intent to sell it. In count three, the defendant is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony, for allegedly possessing one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine -- and these had an aggregate weight of one-eighth of an ounce or more. In count four, Brown is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged in count four that Brown knowingly and unlawfully possessed a controlled substance -- suboxone. In count five, he is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in count five that he knowingly possessed gelatin capsules, glassine envelopes, vials or capsules or other material suitable for the packaging of individual quantities of narcotic drugs or stimulants for the purpose of unlawfully manufacturing, packaging or dispensing narcotic drugs or stimulants. In count six, the defendant is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property.

Kahel Suttles Jr. and Ericka K. McBride are indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Feb. 23 in the Town of Batavia that they stole property valued in excess of $3,000 in merchandise from Target ($3,200.84). In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly agreeing to intentionally commit a felony. In counts three and four, Suttles and McBride are accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly knowingly possessing stolen property -- clothing from Dick's Sporting Goods, and miscellaneous items from Marshalls. In count five, Suttles and McBride are accused of possession of burglar tools, another Class A misdemeanor. It is alleged in count five that they possessed tinfoil that they used to cover security tags to prevent sensors from being activated when merchandise was taken from the stores. In counts six and seven, the duo is accused of sixth-degree conspiracy, a Class B misdemeanor, for allegedly agreeing to steal property from Dick's Sporting Goods and Marshalls, respectively.

Kevin M. Waleski Jr. is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on June 26 Waleski knowingly unlawfully entered a dwelling on Ellicott Avenue in the City of Batavia with the intent to commit a crime. In counts two and three, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging property -- stairway spindles, and a door frame and lock, respectively. In count four, the defendant is accused of resisting arrest, another Class A misdemeanor, for allegedly attempting to prevent a police officer from arresting him or another person on the same day. In count five, Waleski is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for allegedly intentionally attempting to obstruct a public servant from performing an official function and did so by means of intimidation, physical force, interference or unlawful act.

Ov Murphy is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on April 10 Murphy knowingly entered a building unlawfully, a unit on Highland Park, City of Batavia, with the intent to commit a crime. In count two, Murphy is accused of the same crime while using or threatening to use a dangerous instrument -- a knife. In count three, Murphy is accused of second-degree attempted assault, a Class E felony, for intentionally causing physical injury to a person by means of a dangerous instrument, a knife, in the commission of a crime. In count four, Murphy is accused of second-degree menacing, a Class A misdemeanor, for intentionally placing or attempting to place another person in reasonable fear of physical injury by displaying a knife. In count five, Murphy is accused of criminal possession of a weapon in the third degree, a Class D felony, for possessing a dangerous knife with the intent of use it unlawfully against a person. In Special Information filed Genesee County District Attorney Lawrence Friedman, Murphy is accused of having been convicted of the crimes of: attempted rape in the third degree, a Class A misdemeanor, on July 23, 1998 in Batavia City Court; driving while intoxicated, as a misdemeanor, on Oct. 2, 2003 in Batavia Town Court; two counts of second-degree criminal contempt, a Class A misdemeanor, on March 31, 2006 in Batavia City Court; a third count of second-degree criminal contempt on March 6, 2007 in Batavia City Court; and sex offender failure to report change of address/status within 10 days, a Class A misdemeanor, on May 3, 2007 in Batavia City Court. The convictions form the basis of count five in the current indictment.

Eric H. Hess is indicted for the crime of tampering with physical evidence, a Class E felony. It is alleged that on Feb. 25 in the Town of Le Roy that, believing evidence was about to be produced and intending to prevent that, Hess acted to conceal, alter or destroy it by employing force, intimidation or deception. Hess is accused of tearing open a bag of cocaine and dumping its contents in the backseat and floor area of Genesee County Sheriff's Patrol Car 13. In count two, Hess is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly unlawfully possessing a controlled substance that day -- cocaine.

Nicholas C. Doell is indicted for the crime of third-degree burglary, a Class D felony. It is alleged that sometime between Sept. 1 and 2, Doell knowingly and unlawfully entered a garage on Lippold Road in the Town of Darien with the intent to commit a crime. In count two, Doell is accused of unauthorized use of a motor vehicle, a Class D felony, for taking a 1957 Ford Thunderbird, knowing he did not have the owner's consent, with the intent of using it in the commission of a felony. In count three, Doell is accused of aggravated family offense, a Class E felony, for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, in violation of a valid stay away order of protection. In count four, Doell is accused of a second count of aggravated family offense for allegedly committing the crime of second-degree criminal contempt -- an offense against his family or household member, by intentionally disobeying a mandate of the court -- a valid stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Doell is accused of having been convicted of second-degree criminal contempt and fourth-degree criminal mischief on Aug. 31 in Darien Town Court. Those crimes were committed against the same family or household and the convictions took place within the last five years, in violation of the time frame specified in NYS penal law (240.75(1)).

Albert A. Ackerman is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on July 15 at the Quality Inn and Suites Hotel on Park Road in the Town of Batavia that Ackerman violated a stay away order of protection. In Special Information filed by District Attorney Lawrence Friedman, Ackerman is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Oct. 31 in Livingston County Court and that conviction was within five years of the crime alleged in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged that on Sept. 2 in the area of Hutchins Place in the City of Batavia that he possessed a billy (expandable baton). In Special Information filed by District Attorney Lawrence Friedman, McGill is accused of having been convicted of: attempted making a terroristic threat, a Class E felony, on Nov. 10, 2008 in Orleans County Court; third-degree menacing, a Class B misdemeanor, on Sept. 7, 2017 in Town of Shelby Court; and attempted petit larceny, a Class B misdemeanor, on June 13, 2018 in Town of Albion Court. The convictions form the basis for the current indictment.

Deborah A. Schlonski is indicted for the crime of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged that on March 16 Schlonski drove a 2005 Chevrolet on Griswold Road in the Town of Le Roy while knowing her privilege to drive was revoked by authorities and she did so while under the influence of alcohol or a drug. In count two, she is accused of driving that day on Griswold Road while ability impaired by drugs, a Class E felony. In Special Information filed by District Attorney Lawrence Friedman, Schlonski is accused of having been convicted of driving while intoxicated on March 14, 2019 in Town of Stafford Court. That conviction forms the basis for the revocation referred to in count one of the current indictment.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 on Pearl Street Road in the Town of Batavia that Post drove a 2003 Chevrolet while under the influence of alcohol or a drug. In count two, Post is accused of driving while intoxicated, as a misdemeanor, on May 24. In count three, Post is accused of DWI per se, as a misdemeanor, for having a BAC of .08 percent or more that day. In count four, Post is accused of failure to keep right, a violation. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by the consumption of alcohol on June 18, 2018 in Coxsackie Town Court, Greene County, and that conviction forms the basis for the unlicensed operation referred to in count one of the current indictment.

Paul D. Hussey is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that on Oct. 24, 2019 Hussey did not appear in Genesee County Court in connection with a charge against him as required when he was released from custody or allowed to remain at liberty, either upon posting bail or on his own recognizance, upon condition that he would appear on the required date or voluntarily within 30 days thereafter.

City Council set to receive update on Jackson Square project consultant selection process

By Mike Pettinella

The City of Batavia is moving forward with the design and construction of the $750,000 Downtown Revitalization Project at Jackson Square, the popular music venue tucked in between Jackson and Center streets.

Public Works Director Matt Worth on Friday said his office has received 11 proposals from professional firms seeking to take the lead for the project that calls for the following upgrades: decorative pavement, enhanced lighting, relocation of electrical utilities, planters, benches, tables, chairs for seating and a new stage.

The cost of this work, $750,000, is the full amount of the grant issued as part of the state’s DRI program, and the expense of the design firm will be charged against the DRI grant as a project cost.

A draft resolution to enter into an agreement with an engineering or architectural firm is on Monday night’s City Council Conference Meeting agenda. The meeting is scheduled for 7 o’clock at the City Centre Council Board Room.

A letter from Worth dated Sept. 25 went out to consultants, inviting them to “provide a proposal of project understanding and qualifications” for engineering and design services. The letter indicated the city “strongly encourages participation of MWBE (Minority and/or Women-owned Business Enterprise) and SDVOB (Service-Disabled Veteran-Owned Small Business) firms.”

The state is stipulating a MWBE participation of 30 percent and an SDVOB goal of 6 percent.

Worth said a team is scoring the proposals and will announce its selection in several weeks.

“Because this project is a little different – not a straightforward, engineering street design (for example), this could end up being a team approach,” he said, advising that the consultant could be an engineering firm, design professional, landscape architectural company, or a combination.

As far as the timetable is concerned, Worth’s letter indicates investigation and design work to be performed next spring and progress through to construction in the fall – after the Jackson Square performance season. It also states that two public information meetings will be scheduled.

On another front, Worth said work on the City Centre Mall roof is complete.

“The warranty is in place, so we’re moving to the next phase,” he said. “The Mall Feasibility Study is wrapping up right now and we’ll be jumping into the DRI project with the mall concourse, which will probably include some additional roofing as well.”

Worth said specific plans for the mall project will be based on the feasibility report recommendations.

Other topics on Monday’s agenda include:

-- A public hearing to amend the Batavia Municipal Code to include public garages (auto repair stations) in I-1 (Industrial) zones with a special use permit. This action stems from a request by Batavia businessman Eric Biscaro, owner of Classic Home Improvements, to place an auto repair shop on his property on Ellicott Street.

-- A resolution accepting public dedication of Carolwood Drive Extension, also known as Clinton Gardens Subdivision Part 21A, as a result of Batavia Homes and Development’s completion (and municipal approvals) of the installation of storm water system, sanitary sewer system, water main, house services and street paving to add five more building lots on the street.

-- A resolution to accept a $6,000 grant from The Batavia Rotary Club and Rotary Foundation to the City of Batavia Youth Bureau to support outdoor recreation through the purchase of kayaks, kayak launch, paddles and vests. The youth bureau has indicated that it will teach kayaking as part of its youth center and summer recreation programming, and also will incorporate STEM (Science, Technology, Engineering, Math) education through this activity.

Five COVID-related hospitalizations reported

By Press Release

Press release:

  • Genesee County received two new positive cases of COVID-19.
    • The new positive cases reside in Darien and Oakfield.
    • The individuals are in their 20s and 60s.
    • The individuals were not on mandatory quarantine prior to testing positive.
    • Five new individuals are on precautionary quarantine due to travel from restricted states.
    • Five of the positive individuals are hospitalized.
       
  • Orleans County received three new positive cases of COVID-19.
    • The new positive cases reside in Carlton and Murray.
    • The individuals are in their 0-19s, 20s and 40s.
    • Two of the individuals were not on mandatory quarantine prior to testing positive.
    • Fourteen new individuals are on precautionary quarantine due to travel from restricted states.
    • One of the new positive individuals is a student at Holley Jr. Sr. High School. The individual was under mandatory quarantine at the time they tested positive. The individual is under mandatory isolation and will remain there until fully recovered. Contact tracing is in process. Individuals identified by the health department as being close contacts have been and/or will be contacted by the health department contact tracers and placed under mandatory quarantine. Individuals identified by the health department as being a close contact will be expected to follow the New York State Department of Health quarantine guidelines.

Woman arrested on drug charges after traffic stop on Griswold Road, Le Roy

By Billie Owens

From the Genesee County Sheriff's Office:

Rachelle N. Laney (inset photo right), no age and address provided, is charged with two felonies, seven misdemeanors and two violations after Genesee County Sheriff's deputies stopped the vehicle she was driving on Griswold Road in the Town of Le Roy on Sept. 10.

At 5:17 that afternoon, she was allegedly was observed using an "illegal turn signal" -- a vehicle and traffic violation. During the course of the following investigation, a license check allegedly found she was driving while her privilege to do so in New York is revoked by authorities.

Based on information that arose from an interview with Laney, NYS Trooper Shawn Gourdine and his canine partner "Ash" were contacted and requested to the scene.

Ash was deployed by Trooper Gourdine, allegedly resulting in a positive alert for narcotics inside the vehicle. It is alleged that a quantity of suspected narcotics were located, including a powdered substance and prescription medication, along with drug paraphernalia.

The suspected narcotics were sent to a laboratory for testing, which found the powdered narcotics to be a fentanyl mixture and the prescription medications were confirmed to be controlled substances.

She is chanrged with: criminal possession of a controlled substance in the third degree, a Class B felony; criminal possession of a controlled substance in the fourth degree, a Class C felony; two counts of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; three counts of criminally using drug paraphernalia, also a Class A misdemeanor; aggravated unlicensed operation in the second degree, an unclassified misdemeanor; aggravated unlicensed operation in the third degree, another unclassified misdemeanor; unlicensed operator -- a violation; and "illegal turn signal" -- a violation.

On Oct. 23, Laney was arrested and arraigned in Genesee County Court via Skype. In accordance with the NYS Bail Reform Law, the charges were not qualifying offenses so Laney was released on her own recognizance and is due to return to court at a later date.

County clerk and DMV offices: It's extremely busy, but it's certainly not business as usual

By Mike Pettinella

Employees of the Genesee County Clerk and Department of Motor Vehicles are knee-deep in work as they continue to deal with COVID-19 mandates that have resulted in longer wait times for those seeking pistol permits and have relegated the DMV office to appointment-only status.

That’s the latest word from County Clerk Michael Cianfrini, who provided an update of the departments on Wednesday at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse.

Cianfrini, in dividing his report into two sections – recording office and DMV, said that on a daily basis, pistol permits are “probably our biggest operation.”

Because of COVID-19 restrictions on the number of people in one place at one time, Cianfrini said he has had to modify the way pistol permit issuance classes are conducted. Instead of one group class per month, he is providing the necessary information on an individual basis in the clerk’s office.

“This is fairly time consuming, but at the end of the class, the applicants receive their permits,” he said. “We want to get people their permits as quickly as we can.”

Cianfrini said the turnaround time in Genesee County from submission of the permit application to the issuance of the permit is about three months. While that may seem like a long wait, he said it is much better than other counties, singling out Monroe County “where it takes 12 to 15 months at a minimum.”

Pistol Permits are in Demand

And residents continue to apply for pistol permits at an increasing rate, he said, advising that he expects his office to handle about 400 permits this year – the same or more than the number in 2019. From 2009 through 2012, Genesee County handled an average of 206 permits each year.

Numbers: 2009-2012 – averaged 206 permits per year – about 1,400 amendments per year; 2019 – almost 400 permits, and 2,628 amendments – on pace for about 400 permits in 2020.

In response to a comment from Legislator Gary Maha about supply, Cianfrini agreed that currently there is a shortage of guns and ammunition.

Handling motor vehicle transactions at the DMV office is “an even bigger challenge,” Cianfrini said.

“We basically had to change the way we do business,” he said. “Per Gov. (Andrew) Cuomo’s mandate (which took effect on June 22), it’s by appointment only and only for Genesee County residents.”

As would be expected, the amount of phone calls coming into the local DMV is staggering.

“Hundreds per day, requesting appointments, requesting information,” Cianfrini said. “We’re getting calls from other counties, people just going through the phone book. We’re getting calls from Westchester County and Suffolk County, Long Island. We’ll say (to them), “What are you calling here for and they’ll say, ‘I’m just going down the list, we got to the Gs and you answered.’ ”

Listing of In-Office Transactions

Transactions being handled in the office include standard, REAL ID and Enhanced License renewals and transfers from out of state; first-time applications to upgrade to REAL ID or Enhanced licenses or non-driver ID cards; first-time applications for non-driver Identification Cards; applications for passenger, motorcycle or CDL permits; conditional or restricted licenses; vehicle registration reciprocity from another state, and testing and issuance for learner’s permits and commercial driver’s licenses.

Cianfrini said any registration transaction is limited to the drop boxes in Le Roy and Batavia, and he encourages residents to use the drop boxes, which are checked twice a day and are overflowing with paperwork.

“New registrations with license plates issued are limited to Genesee County residents only. Those go into the drop box and we process those as fast as we can,” he said. “We’re currently running 10 days to two weeks to get those processed and get the plates issued. We call the customer and they come in to pick up their plates.”

Vehicle registration renewals and license plate surrenders are pulled from the drop box and processed the same day they are received, with the registrations and/or receipts mailed back to the customer upon completion, he added. 

Cianfrini acknowledged that people do get upset -- calling it an “unfortunate situation,” but signaled that if these transactions were done in the office, the wait for an appointment could be a month.

“Right now, we’re scheduling license transactions out about two weeks, while that some counties are scheduling appointments now for December,” he said.

Other key points of his presentation:

Department of Motor Vehicles

  • Deb Igoe has replaced Leslie Krajewski, who retired, as deputy clerk for the DMV. Cianfrini said Krajewski is missed, but Igoe has “jumped in with both feet and has even exceeded my expectations.”
  • Dealer work at the DMV is through the roof. The local office has taken in more than $150,000 in revenue through dealer work in 2020, just a bit less than 2019, but an impressive total considering that the office took in no dealer transactions for three months. Cianfrini said the five-year average for dealer transactions is $163,000 per year.
  • The county DMV’s procedure for answering the phone is the most efficient, with Cianfrini claiming that online appointment systems have no customer service help and they run the risk of “crashing” and losing previously set up appointments.
  • Overall, DMV revenues are better than anticipated. Vehicle use tax revenue is projected at $400,000 for 2020; the 2019 total was $402,000. Motor vehicle online transactions will reach close to $30,000 this year; the 2019 total was $17,600.
  • The county is requesting the state to provide equipment to add another station at the DMV office, which would be linked to the state DMV server to process transactions. The additional stations could be used to run dealer or drop-box transactions in the near future, and possibly open to the public once the appointment mandate is lifted. Currently, the DMV office has eight full-time and two part-time employees.

Clerk’s Recording Office

  • The process of back scanning land records and civil records to facilitate online searches of these records on a subscription basis continues. Deed indexes, the actual deeds and mortgage index books are accessible back to 1927, while and the actual mortgage documents are scanned back to 1966. Plans call for those to be scanned back to 1927, but it is an expensive task. Miscellaneous records go back to 1974 and that index goes back to 1926.
  • Through the clerk’s office user accounts for online records, more than $30,000 in revenue is expected for this year.
  • COVID-19 has forced attorneys and title companies to do more electronic filing of legal documents, which has led to a large increase in the office’s electronic-recording. “It is much more efficient to accept these documents electronically versus bringing them in and handing them to us,” he said, adding that the office is encountering a huge increase in E-filing of civil records as well, going through the NYS Courts Electronic Filing program.

Law and Order: Man accused of first-degree rape in three counties involving same victim

By Billie Owens

Nicholas Brian Turnquist(inset photo left) 35, of Reading Road, West Falls, is charged with first-degree rape. Turnquist was arrested Oct. 21 after a multi-county investigation into a series of sex offenses involving one victim, according to the Sheriff's Office, that occurred at various locations in Genesee, Wyoming and Erie counties. These included an incident that allegedly occurred at 11 p.m. Aug. 23 on Alleghany Road in Darien. He was arraigned virtually in Darien Town Court, then returned to Wyoming County Jail where he is being held without bail on related charges. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson.

Thomas Frederick Rudolph, 29, of Maple Road, Basom, is charged with driving while intoxicated and failure to signal. On Oct. 22 at 12:43 a.m., Rudolph was arrested after a traffic stop on Reynolds Road in the Town of Darien. Rudolph was released on an appearance ticket an is due to appear in Darien Town Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy David Moore.

Aurello Aragon-Figueroa, 41, of Chapel Road, Byron, is charged with third-degree grand larceny, a Class D felony, and offering a false instrument for filing, a Class E felony. He was arrested Oct. 21 after allegedly not reporting income that he was earning and filing applications, starting on Aug. 1, 2014, that were used to determine eligibility for Supplemental Nutrition Assistance Program (SNAP) benefits without citing that income. As a result, it is alleged he received $9,321 in SNAP benefits that he was not entitled to. The case was investigated by Genesee County Department of Social Services Investigator Robert Riggi, and the arrest was made by Genesee County Sheriff's Sgt. Thomas Sanfratello.

WROTB reports increase in surcharge distributions, Batavia Bets wagering; vendors invited to Pop-Up Shop

By Mike Pettinella

More than $90,000 in surcharges generated through September gaming activities of the Western Regional Off-Track Betting Corporation will be distributed to the public benefit company’s 15 counties plus the cities of Rochester and Buffalo.

WROTB Chief Financial Officer Jacquelyne Leach today reported that $92,162 in surcharges for last month, topping the $91,604 achieved in August.

“The latest figure is up over $18,000 from September of 2019, which shows how well the pari-mutuel horse racing wagering is doing,” she said, following the monthly board of directors’ meeting at Batavia Downs Gaming on Park Road.

Leach said that there will be no third-quarter earnings’ distribution as Batavia Downs Gaming was shut down in July and August, but did report operational earnings of $189,000 for September.

Batavia Bets is Up Considerably

On the OTB side, Sean Schiano, director of branch operations, said that Batavia Bets continues to thrive with wagering handle increases of 95 percent and 110 percent in September and October, respectively.

With help from the Kentucky Derby, betting via the interactive online and telephone wagering platform was up $912,000 in September and, with help from the Preakness Stakes, wagering this month is up $612,000 through Sunday.

Schiano said Batavia Bets is up $2.9 million – 29 percent – this year as compared to the same time period in 2019.

Directors passed about a dozen resolutions this morning, including advertising buys for direct mail services through Applied Business Systems, licensing rights to show select Ultimate Fighting Championship wrestling and boxing, production costs for television and radio commercials, print ads in the Genesee Valley Penny Saver and digital media marketing on Facebook and Instagram.

Marketing Director Touts 'Pop-Up Shop'

Marketing Director Ryan Hasenauer said Batavia Downs Gaming has televised UFC fights at its 34 Rush sports bar for the past two or three years, but indicated that if 34 Rush doesn’t open (due to the COVID-19 restrictions), they corporation won’t purchase the licensing rights.

Hasenauer said promotions at Batavia Downs Gaming are limited due to state mandates as attendance is capped at 50 per room and live performances are not allowed inside a casino.

“So, we can’t have incidental music, we can’t have a comedian, a psychic or anything where someone is performing,” he said. “But what we can do is we can host vendor shows – we have the vendor show out on the track – and we’re going to be doing something called the 'Pop-Up Shop', where we allow one vendor to be in the Park Place room downstairs and sell whatever they’re selling.”

He said "Pop-Up Shop" vendors will have exclusive rights in that area for a period of time.

“It’s a nice way for businesses in the community to take advantage of our power, our ability to draw people to the facility,” he said, adding that local vendors already are calling to reserve dates, which will be promoted on Facebook.

Other resolutions passed pertained to custodial supplies, track resurfacing costs, diesel fuel and gasoline, dumpster service and building repair items through various vendors.

The board also extended a contract with New Wave Energy Corp. of Buffalo for electric and natural gas for two more years, and announced it had a buyer for the corporation’s former OTB location in Hornell.

GoFundMe for Farewell Family at $28,000

On another front, WROTB President Henry Wojtaszek expressed the corporation’s sympathy for the family of employee Jeff Farewell, supervisor of environmental services, on the death of his daughter, Cheyenne, 20, who was shot and killed on Saturday at a Halloween party in Lockport.

“Obviously the family is devastated and we’re devastated for them. She is a beautiful, young girl, a soccer player and a cheerleader,” he said.

He mentioned that Batavia Downs has set up a GoFundMe page for Cheyenne, who was a student at Brockport State College. The fund has raised more than $28,000 for the family, exceeding its goal of $20,000.

“Jeff is a great employee and I really want to extend thanks to all the employees who have stepped up to help Jeff and his family, and we will continue to do so for the next couple months,” he said.

County seeks outside legal advice regarding 'serious disputes' with water pipeline installation company

By Mike Pettinella

The Genesee County Legislature is reaching out to a Buffalo law firm as it has encountered “serious disputes” with a Macedon-based water and wastewater pipeline installation company contracted to connect water main under the I-90 Thruway as part of the county’s Phase 2 Water Supply Project.

On Wednesday, the Ways & Means Committee voted in favor of a resolution authorizing Legislature Chair Rochelle Stein to sign an engagement letter with Hodgson Russ LLP to provide legal advice concerning disputes with Randsco Pipeline Inc., at the rate of up to $305 per hour.

“We are seeking advice to assure that our risks are limited for our contract for water supply, and that’s all I can say,” Stein said after the meeting. “It pertains to Phase 2 – the big water line.”

Scott Smith, owner of Randsco Pipeline Inc., was equally tight-lipped, stating, “I’m not going to comment on any of the matter.”

According to the Randsco Pipeline website, Smith purchased the company in 2015, and was able to expand its services -- primarily public projects throughout the state -- by moving it from Victor to Macedon.

In a Sept. 23rd story, The Batavian reported that the legislature approved a change to a contract with Randsco Pipeline, adding $125,000 to a pact for the installation of reinforcing sleeves on five tangential tee connections along the transmission main on North Road in the Town of Le Roy.

The modification raised the total contract amount to $5,657,030.60.

Highway Superintendent Tim Hens said that the change order related to the reinforcement of five tangential tees or hydrant assemblies off the 36-inch water main on North Road and to prevent any future leaks at the tees due to settlement or car accidents involving hydrants.

Hens said the work is part of a $23.5 million project designed to add 2.4 million gallons per day to the county’s water supply from Monroe County Water Authority sources, essentially doubling the current output of 2.5 million gallons per day.

The resolution to sign the engagement letter for legal advice states that “serious disputes have arisen with Randsco Pipeline Inc. regarding the work … and these disputes are likely to result in litigation involving the County of Genesee.”

It also states that Hodgson Russ was recommended to the county by Clark Patterson Lee, the engineering firm involved in the project. County Attorney Kevin Earl then drafted the letter, with both the legislature’s Public Service and Ways & Means committees accepting the rate of up to $305 per hour.

The resolution states that legal costs will be paid from the county’s water fund through a budget transfer from wholesale water purchases that came in under budget.

In other action, the committee approved the following resolutions (which will be voted upon by the full legislature at its Oct. 28th meeting):

-- A capital project for the Darien-Alexander Townline Road over Tunnery Creek Bridge Replacement at a cost of $1,076,213, with 80 percent of the expense ($860,970) covered by federal aid. The county’s 20-percent share ($215,243) will be taken from its road and bridge reserve fund.

-- The reappointment of Dennis Phelps of Alabama as a director of the Genesee County Soil & Water Conservation District through Dec. 31, 2023.

-- The reappointment of John Gerace as the Town of Batavia (District #4) representative to the Genesee County Parks, Recreation and Forestry Advisory Committee through March 31, 2023.

Town of Batavia prepares for public hearings on budget, sewer and water rates

By Mike Pettinella

The Batavia Town Board is gearing up for the possibility of some public comments by testing their Zoom videoconferencing capability.

Following Wednesday night’s monthly board meeting at the Town Hall of West Main Street Road, Supervisor Gregory Post, Deputy Supervisor Dan Underhill and Council members Patti Michalak, Sharon White and Chad Zambito worked with Clerk Teressa Morasco to get their laptops in sync in case they have to add a remote component to the public hearing on the 2021 budget.

The public hearing on the $5,101,886 preliminary spending plan (which includes the highway fund) is scheduled for 7:10 p.m. Nov. 4 at the Town Hall, unless the board changes the location due to COVID-19-mandated occupancy restrictions.

As reported first on The Batavian last week, the board raised the allocation of its unexpended fund balance to balance the 2021 budget from $135,899 to $552,358 after receiving news that Genesee County authorized a final $1 million revenue distribution payment for 2020 and pledged about $1.7 million for 2021.

Thus, town residents will have the opportunity to weigh in on a general fund budget that calls for a tax levy of $1,236,000 and a property tax rate increase of 40 cents (16.4 percent) from $2.45 per thousand of assessed value to $2.85 per thousand of assessed value.

That’s an easier pill to swallow than the 88- or 89-cent increase that came up during previous budget discussions.

Breaking down the general fund, appropriations are $4,068,163 and the estimated revenue is $2,279,805. The highway fund adds another $1,033,723 in appropriations, equaling the estimated revenue.

Add in the special districts (sewer, water districts combined and fire) and the total budget comes to $11,837,477, with an estimated revenue of $8,548,384 and tax levy of $2,736,735.

The town's volunteer fire department budget of $1,086,528 is achieved totally through property taxes.

The preliminary budget also sets public officials’ salaries as follows:

Supervisor, $40,000; Deputy Supervisor, $18,000; Council members (three), $10,000; Town Clerk/Tax Collector, $72,370; Highway Superintendent, $19,707; Town Justices (two), $28,000.

Post said he wasn’t sure how many residents would attend the public hearings, but wanted to be prepared in case more than 25 show up. He also mentioned the county’s announcement of a 31-cent property tax decrease for 2021 and the fact that the town/county tax rate combined was increasing by only 9 cents.

The budget public session will follow a 7 p.m. public hearing on the sewer rate for District No. 1 and District No. 2 in the town, and a 7:05 p.m. public hearing on the water rates.

The town’s proposed sewer rate for the period of May 2021 to February 2022 is staying the same at $7.09 per thousand gallons while the proposed water rates for the same period are at $6.20 per thousand gallons for the base rate – a 3.4-percent decrease -- and $5.02 per thousand gallons for the agricultural rate – a 1.6-percent decrease.

A special meeting to adopt the budget, and the sewer and water rates is set for Nov. 5 at the Town Hall.

In other action, the board:

  • Approved a resolution for a solar energy system decommissioning agreement for a 8.99-megawatt, 20.45-acre ground-mounted solar farm at 5230 Batavia-Stafford Townline Road.

Filing of the decommissioning bond is part of the process to obtain a special use permit from the Town of Batavia Planning Board.

The town calls for decommissioning bonds for solar farms because “should the company go under (in this case, Borrego Solar System LLC, of Lowell, Mass.), we don’t want a bunch of solar panels sitting on 20 acres of land,” Post said.

The solar project, which first came before town planners in August 2019, is slated to be placed on a 52-acre parcel, featuring 43,355 solar panels in a fenced-in area of 19.94 acres with an additional half acre to be used for an access driveway. It also will include four utility poles.

  • Approved a resolution adopting Local Law No. 3 of 2020 to override the state tax cap for fiscal year 2021, something that the town has done for several years.

“This authorizes us to fund operations to the degree we need to fund them with local money when we don’t get state money,” Post said.

  • Approved levying unpaid water and sewer charges against property owners’ 2021 tax warrants. As of Monday, more than $146,000 is owed to the town in overdue water and sewer bills.

Alexander school district trustees to conduct search to replace Superintendent Huber

By Mike Pettinella

The Alexander Central School District Board of Education will be conducting a superintendent job search to replace Catherine Huber, Ph.D., who has accepted the position of district superintendent of the ONC (Otsego Northern Catskills) Board of Cooperative Educational Services in Grand Gorge, a hamlet in the Town of Roxbury in Delaware County.

Board President Brian Paris this afternoon confirmed that Huber has left the Genesee County school after nearly four years as its chief administrative officer. While stating that a search for a permanent replacement is about to begin, he did not provide a timetable or any other details.

The Batavian found out about Huber's departure earlier today when an email sent to her about a different matter bounced back with an automated message from her indicating that she has taken the position at ONC BOCES.

An online search of her name brought up accounts of her new appointment in Downstate news outlets and on the ONC BOCES website back in August. The Alexander Board of Education, however, has not issued a media release about Huber’s resignation, new position and/or accomplishments at the Genesee County school.

Paris said minutes from a meeting in August or September “contain notification that the board approved the resignation of Dr. Huber."

A search of the board’s meeting minutes on the district website revealed one line from the Sept. 9 meeting:

Appointment of Interim Superintendent -- Jared Taft Interim Superintendent.

Taft previously was the elementary school principal.

According to a story dated Aug, 20 and updated on Sept. 2 in The Cooperstown Crier, Huber will begin (has begun) work Oct. 1, pending successful contract negotiations and formal appointment to the position, according to a media release. She will replace Nicholas Savin, who announced his retirement in April.

In a media release cited by the newspaper, Huber said, “I am honored and grateful to be selected as the next ONC BOCES District Superintendent. I look forward to working with the Board of Education, our staff, and our component districts to achieve our collective goals.”

She was hired as the superintendent in Alexander in December 2016.

Paris congratulated Huber on her new appointment, describing her as “an extremely intelligent and well-credentialed individual who did a fantastic job at Alexander, which is indicative of the fact that she has been elevated to one of only 37 (district superintendent) positions in New York State.”

“And I think it speaks well for Alexander that she was promoted, technically, within this system to, quite frankly, a very sought-after position within the New York State educational program,” he said. “We’re sad to see her go, but I know that this was a really good situation for her.”

Per the ONC BOCES website posting:

Dr. Huber earned her undergraduate degree in English from Ithaca College, and her graduate work at Canisius College resulted in Master’s degrees in English Education and in Educational Leadership. She earned her doctorate in Educational Leadership at D’Youville College.

Dr. Huber was selected as one of 25 female superintendents from across the country to participate as a member of the 2018 AASA National Women’s Leadership Consortium. Dr. Huber twice received the D’Youville College Doctoral Program Leadership Award and she was named Regional Administrator of the Year by the Empire State Supervisors and Administrators Association in 2011.

In addition to her work in K-12 public education, Dr. Huber has higher education administration experience in addition to her current work as an adjunct lecturer in the SUNY Brockport Educational Administration program.

Photo: File photo.

Bethany town supervisor reveals skepticism when it comes to county revenue payments

By Mike Pettinella

Town supervisors and village mayors in Genesee County have varied opinions when it comes to the circumstances surrounding changes in revenue distribution from the county that have occurred over the past six months.

Some, such as Batavia Town Supervisor Gregory Post, have voiced their support of the County Legislature, reasoning that lawmakers and county management have acted prudently as they deal with the negative financial impact of the COVID-19 pandemic.

Others, such as Bethany Town Supervisor Carl Hyde Jr., have criticized the legislature for nullifying agreements between the county and municipalities from 2018 and 2019 to make quarterly revenue payments.

It was in May, a couple months into an economic shutdown, when legislators rescinded the authority of the county treasurer to make those payments, action that Legislature Chair Rochelle Stein called a temporary move and pleaded for town and village officials to “hang in there with us.”

Since then, the legislature continued to pass resolutions that provide money to the municipalities, now calling them "voluntary revenue distributions" that are not subjected to a formal contract. The fourth and final payment for 2020 is expected to be approved by lawmakers at their meeting next week.

On Tuesday, Hyde said the county’s decision to cancel the revenue sharing agreement has led to a “lack of trust.”

“They left the towns hanging when the county decided to completely cut the sales tax revenue distribution from the towns, and left us to fend for ourselves,” said Hyde, who is completing his sixth year as supervisor and has three years remaining on his current term. “Yes, there have been some distributions (in 2020) but they aren’t what we were supposed to get.”

Hyde also said he’s not convinced that the municipalities will receive the amounts the county has publicized for 2021, either.

“Until it shows up in the town’s bank account, I’m not taking them at their word for it. They took an agreement that all the towns (and villages) worked hard at to come up with and signed and agreed to, and they just threw it away.”

Town Received 16.2 Percent Less

Final revenue distribution dollar amounts for 2020 released by the county show that the Town of Bethany was allocated $502,644.47 – that's 16.2 percent less than the $599,560 than it would have received if the previous distribution agreement was still intact.

The 16.2 percent is slightly more than the 14.8-percent average decrease across all the municipalities for 2020, Landers said. 

Click here for a table showing the 2020 distributions (pdf) (made in four payments) for all towns and villages and the percentage of decrease.

Landers said the first payment was made per the previous agreement with the towns and villages. The remaining three payments were based on current taxable assessed valuations of the municipalities.

“So, municipalities that had recent assessment increases at a higher rate than other municipalities did better than municipalities that had low assessment increases or no assessment increases,” Landers explained. “In the Town of Batavia, for example, because they had more growth, its decrease is less than 14.8 percent (actually 11.8 percent), while some municipalities had higher than 14.8 percent.”

The county manager said the legislature understands the difficulty that this creates for towns and villages, “but we’re just basically trying to share in it and not pass all of our (losses) as we’re projecting a 20-percent reduction in our state aid and a 4 to 5 percent (reduction) in sales tax. So, we’re trying to share the best we can while also maintaining our operations.”

County Allocates $10 Million for 2021

Going forward, the county recently announced it plans to distribute $10 million to the towns and villages in 2021. That represents a 28.5-percent decrease from what it originally planned to share.

The Town of Bethany is supposed to receive $410,123 next year and has budgeted accordingly, Hyde said.

“We’re trying to do what we can to survive with whatever the county gives us, we’re going to use it for road maintenance, to keep the taxes down, things like that,” he said. “We’re trying to get off the county welfare wagon.”

Hyde said his 2021 preliminary budget of $1,100,935 calls for an increase of 28 cents in the property tax rate – from $3.71 per thousand of assessed value to $3.99 per thousand of assessed value.

“It’s better than what it could have been,” Hyde admitted, noting that when the distribution agreement was ended, the town was looking at a tax rate of $9 per thousand.

Fund Balance to be Utilized

He said the budget lists revenues at $476,221 in revenues, fund balance to be used at $226,842 and the tax levy at $397,872. A public hearing on the budget is scheduled for 7 p.m. Nov. 9 at the Bethany Town Hall.

“We’ve cut everything – every line in the budget pretty much. We asked all the elected officials if they would be willing to take a 10-percent pay cut, which they did, and the town had to eliminate a person from the highway department,” Hyde said.

Hyde said he and the board “have done a good job over the last six years, not raising taxes and maintaining everything that we need to, and I’m sure the residents are happy about that. This whole thing threw a monkey wrench it in.”

He said he would like to see someone with a financial background “step up” and run for his office in 2023, but until then, he said he will continue to monitor the state Comptroller’s website each month to see how much each county has either lost or gained in sales tax revenue.

“From January 1st through the end of September, Genesee County’s sales tax is only down 7 percent,” he said. “And here we are down (much more than that) because of whatever the county is doing with the money. That doesn’t make sense does it.”

Landers responded to Hyde’s concerns by noting the legislature voted in favor of a resolution to authorize the final distribution of this year.

“That’s why we passed that Rule 19 resolution to try to demonstrate that it’s on the way and it will get paid in the next audit at the legislature meeting on October 28th,” Landers said. “That’s when the payments for the final distribution go through and on that Friday (Oct. 30) is when the ACH (automated clearing house) payment will show up in their bank accounts. For those who don’t have direct deposit, the checks will be mailed out.”

Bethany Signs Plowing, Mowing Contract

In another development, the Town of Bethany has entered into an intermunicipal agreement with the county to provide snow and ice control and mowing services on county roads.

According to a resolution to go before the entire legislature on Oct. 28, the cost per mile for the 2021 snow and ice season is $6,521 and the cost per mile for mowing is $474. This represents a 1.1-percent increase in the rate for snow and ice over the 2020 season and a 2-percent increase in the cost for mowing.

The total annual payment to the Town of Bethany for these services will be $141,961.85 for snow and ice control and $10,328.46 for roadside mowing.

“With this contract, all towns except the Town of Batavia have snowplowing and mowing contracts with Genesee County,” Highway Superintendent Tim Hens said. “It is the most efficient way for us to plow the roads for our residents.”

Hens said the agreement with the Town of Batavia stipulates that the county plows roads east of Route 98 and the town plows roads west of Route 98 since their highway garages are on opposite sides of the city/town.

“Again, it’s the most efficient way. We’ve been doing it that way for 20 years,” Hens added.

City planners give the go-ahead for Main Street Pizza building revitalization project

By Mike Pettinella

The City of Batavia Planning & Development Committee on Tuesday night approved a special use permit that opens the door for the creation of two apartments on the second floor of the Main Street Pizza building at 206 E. Main St.

Applicant Paul Marchese, doing business as Just Chez Realty LLC, said the $489,000 project – which qualified for a Downtown Revitalization Initiative grant of $137,600 from the Batavia Development Corporation’s building improvement fund – advances to the next stage, which is “to finalize the engineering drawings and move the project into the construction phase.”

Marchese said planning committee members asked whether he is looking to renovate the other half of the upstairs as well.

“The plans for the other half of the upstairs have not been solidified as of yet,” he said. “At this point, we have acquired funding and grant sources and various things to complete phase one of our project. Phase two could be apartments or it could be something totally different depending on if we have a tenant that wants a specific build-out for up there.”

Concerning apartment rental rates, Marchese said that since the project was awarded one of the grants, it is bound by a predetermined rent schedule.

As previously reported on The Batavian, Marchese’s application calls for placing two apartments on the second floor and altering the building’s exterior by adding an entrance door on the south side, replacing windows, changing the nameplate on the north (front) of the building from MANCUSO to MARCHESE, and installing “up lighting” on that side.

Additional improvements include removing existing awnings and exposing the original transom windows, installing a new aluminum-clad wooden door on the north side and installing new aluminum-clad wood windows/door storefront in the center bay.

Local unemployment rate drops to the lowest rate of the year so far

By Howard B. Owens

Genesee County's unemployment rate, at 4.8 percent for September, is the lowest percentage it's been in 2020 but still significantly higher than its seasonal rate a year ago.

In August rate 2019, the rate was 3.4 percent.

Since the pandemic hit the economy, the local employment rate has been:

  • April, 14.4 percent
  • May, 10.1 percent
  • June, 9.5 percent
  • July, 10.5 percent
  • August, 8 percent

The lowest rate prior to September was in February and March at 4.9 percent. The pandemic-related job losses started in March but those job losses didn't start to show up in official statistics until April.

There are 28,900 county residents counted in the labor force. A year ago, there were 29,900 people in the local labor force.

Of those currently in the labor force (people who are employed or are actively looking for work), 27,500 have jobs. There are 1,400 looking for work.

For September, there were 21,200 non-farm jobs in Genesee County compared to 23,000 a year ago. Of those, 15,700 are in the private sector (compared to 17,400 a year ago).

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