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The Batavia City School District Board of Education continues to explore the most effective ways for citizens to make their feelings known during its monthly meetings.

District Superintendent Anibal Soler Jr., following up on Board President Alice Ann Benedict’s desire to open the communication lines with the public, said he has come up with several recommendations that could be included in a “public expression” policy.

The board met on Monday night at the high school library.

Soler said his suggestions will be forwarded to the district’s Policy Committee for review and “vetting” before coming back to the full BOE for approval.

“The law technically allows us to have no public participation (during board meetings), but we are making a smart effort to make sure that there is (time for public comments) and I think that is a compliment to the board’s leadership,” Soler said.

The Batavia BOE, according to its policy, encourages public participation on school-related matters at board meetings, setting aside 30 minutes at the beginning of the sessions.

Beyond that, Soler said, currently there aren’t any guidelines or details in place to govern the public sessions.

He said his recommendations were derived from looking at the policies of similar-size districts, such as Geneva and Niagara Falls, as well as the large school districts of Buffalo and Rochester.

They are as follows (subject to review by the Policy Committee):

• Persons wishing to address the board shall advise the board president prior to the scheduled starting time of the meeting. The request shall be made in writing on a form provided by the district clerk and shall include the name of the speaker, their address, name of organization represented (if any), and the topic to be addressed. Any group or organization wishing to address the board must identify a spokesperson.

• Presentation should be as brief as possible. Each speaker will be permitted to speak for three minutes. Speakers may comment on any matter related to district business. The board cannot and will not permit public discussions involving individual district personnel or students. Persons wishing to discuss matters involving individual district personnel or students should present their comments and/or concerns to the teacher, the building administrator or superintendent during regular business hours.

• All speakers are to conduct themselves in a civil manner. Obscene language, libelous statements, threats of violence, statements advocating racial, religious, or other forms of prejudice will not be tolerated.

• Persons making presentations at a board meeting will address remarks to the president and may direct questions or comments to board members or other district officials only upon the approval of the president. Board members and the superintendent shall have the privilege of asking questions of persons who address the board.

• Without opening the floor to general audience participation, the board president may call upon staff members or other specially qualified persons whom the board wishes to hear in relation to a specific agenda topic.

• Questions and comments from the public concerning matters which are not on the agenda will be taken under consideration and referred to the Superintendent for appropriate action. Persons wishing to have matters included on the agenda shall contact the superintendent in accordance with Policy 1510, Regular Board Meetings and Rules (Quorum and Parliamentary Procedure).

​Soler said the board president would rule on matters such as the time to be allowed for public discussion and the appropriateness of the subject being presented. The president also would have the right to halt any presentation that violates the adopted policy.

The form for those wishing to speak at BOE meetings must be filled out in advance. It can be obtained by contacting the superintendent’s office at (585) 343-2480.

In another development:

Soler reported that the principals at the four schools are continuing to work toward maximizing learning, with John Kennedy Principal Brian Sutton exploring the possibility of having all second-graders back in the building for in-person instruction every day.

"We're trying to manage which grades can (go back to in-person learning) and which grades can't, but unfortunately some of our classes have higher enrollments and we can't bring everybody back," he said.

At Batavia High, Principal Paul Kesler are looking at students who are 100 percent virtual but are having difficulties with their studies, with the goal of shifting them back into the school -- even if it isn't on an everyday basis -- as long as their parents are in agreement.

Although COVID-19 mandates are forcing students and teachers to cover their faces, they “can’t mask the Batavia pride,” according to Kathie Scott, public information coordinator for the Batavia City School District.

On Monday, Scott posted information about “Can’t Mask the Batavia Pride!” on the district’s redesigned website, writing that the campaign is “in response to all the reorienting that has been required to reopen school – from social distancing and face mask mandates, to hybrid and virtual learning and sport delays/cancellations.”

Superintendent Anibal Soler Jr. informed the school board about the campaign at its meeting Monday night at the high school library (which can be viewed on the district’s YouTube channel).

Scott said the campaign “has been in the works for a while,” with discussions taking place with the fire department, police department and others throughout the community to make it happen.

“I’ve received a couple of emails since it went up … and we’re just looking forward to people participating,” said Scott, who has worked behind the scenes for almost 25 years to keep the public abreast of the district’s positive developments. “I know that there is a lot of community pride in Batavia, so it’s kind of a natural extension of that.”

Per the website:

“Can’t Mask the Batavia Pride!” is a reminder to our community of learners that there is something that hasn’t changed: the pride of and in Batavia. Community members like you are sharing a few positive words of encouragement, pride, appreciation, and/or support that will mean a lot to our students, their families, and staff.

Scott said there are several ways people get display their Batavia pride, including ordering a large Blue Devil head-on-a-stick mask that can be delivered or picked up by calling her at (595) 343-2480, ext. 1018, or sending her an email at:   Kscott@bataviacsd.org.

Other options are taking a digital photo or recording a short video (maximum of 30 seconds) with the mask, but not covering the face; or providing a short positive message of support, encouragement, pride or appreciation -- directed to students, staff, and/or families.

Click here for more information.

Soler also talked about the new school district app that is available for Android and iPhone -- Batavia CSD, NY.

With the new app, people can access documents, events, news updates, and even emergency notifications.

It can be downloaded on Android at https://bit.ly/3i6EAyc or iPhone at https://apple.co/3jOg8ls.

In another development, Soler thanked the board members “for their commitment to the City of Batavia and to its children” in conjunction with School Board Recognition Week (Oct. 19-23) as designated by the NYS School Boards Association.

“Each of you devote countless hours to make sure our schools are helping every child to learn at a high level,” said Soler, adding that board trustees make tough decisions, develop a budget and provide accountability that our citizens expect.

He then presented each board member with a travel bag as a token of the district’s appreciation.

Photo from Batavia CSD website: Superintendent Anibal Soler Jr. with the Blue Devil head-on-a-stick mask.

In his fourth week as interim executive director of the Genesee/Finger Lakes Regional Planning Council, Jay Gsell said he is focused on networking throughout the agency’s nine counties to help the region bounce back from the effects of the COVID-19 pandemic.

Gsell was back at the Old County Courthouse on Monday afternoon, in the legislative chambers – upstairs from the office where he spent one day shy of 27 years as the Genesee County manager. He retired in August and, about a month later, accepted the interim position with G/FLRPC.

During a review of the regional planning council’s recent activities for the legislature’s Public Service Committee, Gsell said a $400,000 CARES Act Recovery Assistance grant awarded to the G/FLRPC will go a long way toward “disaster and recovery planning, and resiliency planning from the pandemic but also what it is going to look like coming out on the other side.”

“We will be working closely to see what the GCEDC (Genesee County Economic Development Center) and others are doing in terms of once COVID is under control and putting that into perspective,” Gsell said. “And we will be working with the Finger Lakes Regional Economic Development Council and others to make sure you are not duplicating effort but also how do we come together to make sure the region comes back.”

The G/FLRPC qualified for the grant through its designation as an Economic Development Administration-designated Economic Development District.

Gsell said he is working out of an office on the eighth floor of a building owned by a private developer in downtown Rochester, commuting from his Batavia home five days a week for about five to six hours per day. He said he has an open-ended contract with the agency.

“It’s really up to what the executive committee (which includes Genesee County Legislature Chair Rochelle Stein and Esther Leadley of Pavilion) and the regional board want to do as far as the time period,” said Gsell, who is temporarily filling the position that was manned by David Zorn until his retirement after about 29 years on the job.

Gsell said Zorn told him that he worked about 35 hours a week doing the basic job and spent another 30 doing “everything else.”

“Dave Zorn did a great job … now I’m starting to liaison with other agencies they deal with, and the other counties -- starting to network like Dave had done.”

Gsell said the G/FLRPC has an annual budget of around $700,000, with Genesee County providing $9,400 each year.

“It has been a flat level of county funding for a number of years and we don’t expect that to change,” Gsell said, noting that larger counties, such as Monroe, contribute more to the agency which has four full-time employees with an average tenure of about two and a half years.

He said the G/FLRPC benefits Genesee County through its work on behalf of watershed development, on comprehensive plan updates and government workshops to help local zoning officials get their mandatory hours of training every year.

“Plus, the grants that are coming in support all the counties and we also have an alliance with the Genesee Transportation Council and each of the municipal planning departments in the county,” he said.

The G/FLRPC was established in 1977 and set up “to do transportation funding, infrastructure funding, wastewater quality, environmental funding activity, and to be clearing house for grants for other organizations to help them focus on the bigger picture," Gsell said.

Counties in its original membership were Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne and Yates. Wyoming County was admitted in 1986. The nine counties in the Genesee-Finger Lakes Region comprise 4,680 square miles, with a population exceeding 1,217,000 residents.

The voting members of the Council are chief elected officials, local legislators, department heads and community leaders representing the participating counties, City of Rochester and the community at-large.

Over the past several months, the Genesee County Department of Planning was diligent in getting the word out about the 2020 Census.

At every opportunity, Planning Director Felipe Oltramari made it known the significance of the census upon local governments, with statements such as the following (paraphrased):

“The census not only counts our population, but determines our congressional representation and the allocation of federal funding to numerous programs, including Medicaid and Head Start, and to hospitals, fire departments and other vital services.”

On Monday afternoon, Oltramari reported the results of the efforts of his department – which was assisted by the Genesee/Finger Lakes Regional Planning Council -- during a planning department review at the Genesee County Legislature’s Public Service Committee meeting at the Old County Courthouse.

Oltramari said that the self-responded percentage in Genesee County was 65.6 percent, a bit higher than the percentage for all of New York State (64.2 percent, according to the 2020 Census website). The remaining 35.7 percent of the state population was obtained by census takers – officially called Enumerated in Nonresponse Followup.

The state’s total of 99.9 percent enumerated is the figure reported by 2020 Census for every state in the union through Oct. 16, which was the census deadline day.

“The additional percentage was in-person enumeration – persons going to homes and sometimes visiting their neighbors, by proxy, to reach the 99.9 percent mark,” Oltramari said. “We don’t get to see the totals for all the counties at this point – only the statewide results.”

Per the 2020 Census tabulations, Minnesota had the highest self-responded percentage at 75.1 percent and Maine had the lowest at 58.2 percent. Again, through the work of the census takers, all states are within 1/10th of 1 percent of having everybody counted.

In reviewing this year’s accomplishments, Oltramari said that the 2020 census outreach was his department's "biggest project of the year."

He also reported that the planning board: is projected to handle 110 zoning referrals; kicked off a comprehensive plan update and recreation plan known as Genesee 2050; hosted or sponsored more than 20 training seminars and webinars for local officials; and continued to provide mapping, Geographic Information Systems (GIF), Pictometry support and training to county departments, local municipalities and the general public.

“We also provide local technical assistance on projects such as the solar project in Byron and the Darien comprehensive plan, and assist with planning and zoning issues to help municipalities save money,” he said.

For 2021, special projects include continuing with the comprehensive plan update and recreation plan, working on a county resiliency plan, taking the lead on an environmental review of Phase 3 of the county’s water project and review of Agricultural District No. 4 (Byron, Bergen, Stafford and Elba).

Oltramari said the department will maintain three full-time employees – director, deputy director and GIS technician – with 96 percent of its budget going to cover salaries and fringe benefits.

Cody Michael Donahue, 24, of Royce Road, Varysburg, is charged with: aggravated driving while intoxicated per se -- with a BAC of .18 percent or more; driving while intoxicated -- first offense; refusal to take a breath test; speeding -- exceeding 55 mph. At 2:28 a.m. on Oct. 17, Donahue was arrested after a traffic stop for a traffic violation on Alexander Road in Alexander. He was allegedly found to be intoxicated. Donahue was released on appearance tickets and is due in Alexander Town Court on Nov. 17. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Sgt. Jason Saile.

Sarah Jane Scott, 39, of South Fitzhugh Street, Sodus Point, is charged with: driving while intoxicated with a BAC greater .08 percent; DWI; and no turn signal. At 10:17 p.m. on Dec. 9, Scott was arrested after a traffic stop for allegedly failing to use a turn signal when turning onto Clinton Street Road (Route 33) in Bergen. She was allegedly found to be intoxicated at the time. She was issued an appearance ticket and is due in Bergen Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

Jhermero Darius Maxey, 29, of Robinson Road, Lockport, is charged with aggravated unlicensed operation of a motor vehicle in the second degree and speeding (65 in a 55-mph zone). At 10:19 p.m. Oct. 16, Maxey was arrested after a traffic stop on Lewiston Road in Alabama. He was issued traffic tickets and released on his own recognizance. He is due in Alabama Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig.

Monroe County Sheriff Todd Baxter at a press conference today said a smash-and-grab burglary ring is responsible for more than 30 burglaries in six counties, including Genesee County.

On Sept. 16, GC Sheriff's deputies arrested two people who Sheriff William Sheron said are apparently part of the ring.  

Taken into custody and held on bail after allegedly being caught in the act of burglarizing the Crosby's at 6257 Clinton Street Road in Batavia were Jennifer D. Abrams and Tarus O. Fluitt.

On Sept. 28, Kristina Marble, Jose Cruz-Rosado and Eric Smith were arrested in Monroe County following a gas station burglary in Victor.

They are believed to have committed similar crimes in Genesee County, and all five individuals are suspected of being part of the same ring, Sheron said.

Their modus operandi is to smash out doors and windows and steal cigarettes and other items.

Sheron released a list of seven such burglaries in Genesee County:

• Aug. 16, Batavia Crosby's on Clinton Street Road. Troopers handled the case and details are not available at this time;
• Sept. 2, Bergen C-Store, 8073 Clinton Street Road, Bergen. Approximately $3,500 in cigarettes stolen, $325 in damages;
• Sept. 13, Byron Crosby's, 6890 Byron Holley Road, Byron. Approximately $5,500 in cigarettes stolen, $180 in lighters, and $1,130 in damage;
• Sept. 13, Bergen C-Store, a 20-pound propane tank used to smash the front door; the burglars failed to gain entry. The damage estimate is $325;
• Sept. 16, Le Roy Kwik Fill, 7010 W. Main St., Le Roy. Attempted burglary. Front door smashed with rocks but no entry. Estimated damage: $1,000. The subjects captured on video appear to be Abrams and Fluitt;
• Sept. 16, Batavia Crosby's, the location where Abrams and Fluitt were captured;
• Sept. 20, Pavilion Farms, 11091 Lake St., Pavilion. Troopers also handled this case.

More from our news partner 13WHAM.

Previously:

• Convenience store in Bergen burglarized, suspect sought
• Bergen C-Store reportedly robbed
• Law and Order: Rochester duo accused of burglarizing two gas stations

Staying on top of the news for you takes time but we could do more of it with more help. You can help us hire that help by becoming a supporter.

New York State’s allocation of 400,000 COVID-19 testing kits provides a much-awaited boost to municipalities, but still doesn’t answer the question of who will be responsible for administering these tests to students and others in need of rapid coronavirus laboratory analysis.

A pair of executive directors of state organizations issued a joint statement to that effect earlier this week, and their thoughts were supported today by Paul Pettit, director of the Genesee & Orleans County Health Departments.

Sarah Ravenhall, executive director of the New York State Association of County Health Officials, and Stephen J. Acquario, executive director of the New York State Association of Counties, applauded the distribution of the testing kits, calling it “a welcome step toward the goal of implementing a robust and successful school testing program in counties implementing the state’s Cluster Action Initiative.”

But the availability of these materials isn’t enough, they said, posing the unresolved question: “Who will provide the staff and resources necessary to administer the tests?”

Their statement asserted that many county health departments have numerous school districts in their jurisdictions and not enough licensed and trained staff to handle the workload.

“Test kits are just one part of a much larger array of essential resources that must be deployed to make this work,” they said. “Additionally, we have significant concerns about the capacity of our communities to implement this plan. Local health departments have been working in concert with community-based organizations since the pandemic began, and many of these organizations are at, or even beyond, full capacity.”

Pettit said he agrees with “the essence of the press release … as we are encouraged by the long overdue movement to provide rapid testing in our counties. As we have been sharing since the beginning of COVID in our communities, we have lacked adequate and affordable/free testing for our residents.”

The provision of these machines and kits solves part of the problem, Pettit said, “but leaves many unanswered questions around the capacity and ancillary support to provide them.”

“We again find ourselves with new testing requirements pushed upon us (20 percent of the school population testing if in a 'yellow zone’) without a full understanding of the details of the new requirements and a lack of support and capacity to meet them,” he said. “We have reached out to our community partners and health care providers to discuss the best approach to receiving and implementing a county testing program that will provide the free access points that we’ve been seeking.”

Pettit added that his agency is talking with school officials about coronavirus testing requirements.

“Ultimately, our goal is to have this free rapid testing available from many locations for county residents who need testing for any variety of reasons, including school-based symptom screening, state required testing to visit long-term care facilities, and symptomatic individuals.”

Ravenhall and Acquario are calling upon the state to provide financial support to carry out its directive.

“We cannot rely on local partnerships alone to meet our needs,” they stated. “Any plan to implement robust testing in our schools must include adequate state resources -- and withholding funds from localities will only make this monumental task even more difficult.”

Last week, Gov. Andrew Cuomo announced that schools in the state’s precautionary “yellow zones” will receive the rapid testing kits, with the 400,000 kits being the first batch.

Starting today, “yellow zone” schools must test a fifth of the student population, staff members and teachers on weekly basis. Schools in “orange” and “red” zones are required to teach students through remote learning only. Currently, none of the schools in Genesee and Orleans counties are in any of the aforementioned zones, Pettit said.

Jordan Elena Rubin, 36, of Chili Avenue, Chili, is charged with fourth-degree grand larceny -- automobile with a value over $100. On Oct. 15, Rubin was arrested and is accused of stealing a motor vehicle from a residence on Hartwell Road in the Town of Pavilion at 6:38 p.m. Oct. 3. Rubin was issued an appearance ticket and is due in Pavilion Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Mathew Clor.

Jacqueline Raj Garrett, 41, of Church Street, Le Roy, is charged with illegal use of toxic vapaors, a violation of NYS Public Health Law. At 10:06 a.m. on today, Oct. 16, the Genesee County Emergency Dispatch Center received a report of a female outside of a department story on Veterans Memorial Drive who was inhaling an aerosol. A deputy was dispatched and located the female allegedly in the act of consuming a hazardous inhalant while outside a store in view of the public. She wa arrested and issued an appearance ticket and is due in Town of Batavia Court on Nov. 19. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Noting that the current Genesee County flag “has always been a pet peeve of mine,” Genesee County Planning Director Felipe Oltramari has invited citizens to participate in a county flag design competition – a component of the county’s public engagement strategy in support of the Genesee County Comprehensive Plan Update and Recreation Plan.

The Public Engagement Plan, dated Oct. 2, 2020, was prepared by Prospect Hill Consulting LLC and Joy Kuebler Landscape Architect, PC.

According to Oltramari, the comprehensive and recreation plans provide a template for county officials and civic leaders to achieve a vision of improved and increased resources for a vibrant, healthy and safe community.

“We’re calling it Genesee 2050 – a vision strategy for the next 30 years for our county,” he said, mentioning that the original comprehensive plan was written in 1997.

Looking for Community Input

Getting the public involved in the process is a key part of the strategy. As indicated in the Public Engagement Plan, its purpose is to “ensure that the local community is given a voice in the redevelopment planning for Genesee County, both in terms of its Comprehensive Planning update process and a plan for its recreational facilities.”

That’s where the county flag competition fits in.

“We have been talking about redesigning the Genesee County flag, which is a little dated and doesn’t quite fit the design criteria for people that know how to design flags,” Oltramari advised. “The main problem being that it has words on it and you’re supposed to avoid having words on flags because they’re hard to read when they’re flying.”

The current Genesee County flag features a blue background with Genesee County across the top and Founded 1802 across the bottom in block letters with the county seal in between.

Oltramari said plans are being made for a contest where residents – students, adults and professionals -- can submit their designs for a new flag. A committee will select the finalists and residents will then have the chance to vote online for their favorite design.

Stay Tuned for Contest Details

Contest rules, guidelines, starting date and submission process will be made available in the near future, with Oltramari indicating he expects the contest to go through the fall and winter months. 

He also reported that a new website is being developed to engage citizens on this project as well as to learn more about (and fill out surveys on) the comprehensive and recreation plan updates.

Oltramari made a presentation on the two plans at Thursday night’s Genesee Association of Municipalities meeting, where he requested supervisors to “take a deeper dive with us” -- hoping to enlist the Town of Batavia and a couple of other towns to sign on as pilot communities.

“The recreation plan is about marketing our trails, parks and other venues, opportunities and programs throughout the county,” he said. “We’ve talking about this for a few years, and have received grant funding to look at both of these plans, lumping them together.”

As outlined in the Public Engagement Plan, the flag contest can act as a catalyst for the plan’s 10 focus groups to identify “the aspects of life in Genesee County that tell the story of what makes Genesee County a wonderful place to live, work and play.

The original comprehensive plan’s 10 focus groups are as follows:

• Agriculture & Food Production
• Community Wellness
• Criminal Justice and Emergency Management
• Economic & Workforce Development
• Government Administration & Education
• Housing Opportunities
• Land Use, Environment & Place-Making
• Parks, Arts, Recreation and Culture
• Technology & Utilities
• Transportation and Mobility

Key objectives of the Public Engagement Plan include:

• Invite Genesee County residents and stakeholders to participate in unique engagement techniques that emphasize team building and organizational development principles for individualized problem solving;
• Activate a diverse and representational group of stakeholders and champions to accurately reflect the opinions and ideals of the Genesee County community;
• Identify strategic sites for potential envisioning plans and improvement sites;
• Develop strategies toward more captivating projects that support the quality of life for all residents of Genesee County as well as attract tourists;
• Ensure workability of the Genesee County future vision to maintain a high level of applicability for the next 20 years.

For more information about these developments, contact Oltramari at planning@co.genesee.ny.us or by calling (585) 815-7901.

Thomas Edward Ditzel, 65, Belvedere Lane, Batavia, is charged with attempted grand larceny in the third degree, a felony. He was arrested as a result of an investigation into the misappropriation of funds as a Power of Attorney at 3 p.m. Dec. 24, 2018. Ditzel allegedly attempted to take almost $17,000 by closing an investment account of a family member and have the check sent to an address where he allegedly planned to retrieve it. However, another family member intercepted the check. "The duties of a POA, amongst others, is that the POA must act in the principal's best interest, rather than their own," says the police report. The case was investigated by Genesee County Sheriff's Investigator Christopher A. Parker.

Ifrah Hajimusse Armstrong, 41, of Bank Street, Batavia, is charged with third-degree grand larceny and four counts of offering a false instrument for filing, all Class E felonies. Armstrong was arrested after allegedly not reporting income that she was earning and also filing an application that is used to determine eligibility for Supplemental Nutrition Assistance Program benefits without including the income. The application process was started on Aug. 1, 2017. As a result, it is alleged Armstrong received $5,208 in SNAP benefits that she was not entitled to. The investigation was conducted by the GC Department of Social Services Investigator Dakota Nicholson and she was arrested Oct. 13 by GC Sheriff's Sgt. Thomas Sanfratello.

Ana Marie Uribe, 27, of Willow Street, Batavia, is charged with third-degree grand larceny and offering a false instrument for filing in the first degree, both Class E felonies. It is alleged that at the time of her application for the Supplemental Nutrition Assistance Program on May 1, 2019, she did not report income she was earning, which is used to determine eligibility. As a result, she allegedly received $3,218 in SNAP benefits that she was not entitled to. The investigation was conducted by the GC Department of Social Services Investigator Dakota Nicholson and she was arrested Oct. 14 by GC Sheriff's Sgt. Thomas Sanfratello.

Press release:

New Cases – As of 2 p.m.

• Genesee County received four new positive cases of COVID-19.
  • The new positive cases reside in Batavia and Pembroke.
  • The individuals are between the ages of 0-20, 30s, 50s and 60s.
  • None of the individuals were on mandatory quarantine prior to testing positive.
  • We are diligently working on reporting the numbers from the previous days. A complete count will be reflective on the GOW COVID-19 interactive map by tomorrow, Friday, Oct. 16. Thank you for your ongoing patience.
• Orleans County received four new positive cases of COVID-19.
  • The new positive cases reside in Albion and Carlton.
  • The individuals are in their 20s, 40s, and 50s.
  • None of the individuals were on mandatory quarantine prior to testing positive.
  • One of the previous positive individuals has recovered and has been released from mandatory isolation
  • Four new individuals are on precautionary quarantine due to travel from restricted states.

Genesee County leaders are advocating a spirit of togetherness as they take a divide-and-conquer approach to fulfilling the requirements of Gov. Andrew Cuomo’s Executive Order No. 203 on community police reform and reinvention.

On Wednesday night at the Old County Courthouse legislative chambers, the Genesee County Police Reform and Reinvention Collaborative met for the first time, with 15 of the group’s 19 current members attending either in person or via Zoom videoconferencing.

County Legislature Chair Rochelle Stein put out a call for unity and respect as she welcomed those who are tasked to address the policies and procedures of the Genesee County Sheriff’s Office per the Executive Order issued on June 12.

“Together … we have an opportunity to learn from each other … to improve and manage public safety … through thoughtful, respectful and robust discussions,” Stein said. “Step by step by step, we will do this together.”

Stein emphasized that each member of the committee – from public officials to representatives of social or minority groups -- was important to meeting the governor’s directive.

“Each community must envision for itself the appropriate role of the police,” she said, “and policies must be developed to allow the police to do their jobs to protect the public and the policies must be with the local community’s acceptance.”

Following her opening statement, Stein introduced Robert Bausch, former County Legislature chair, who will serve as moderator for the group. After that, the committee members who were social-distanced throughout the room said a few words about themselves.

County Manager Matt Landers then read highlights of the Executive Order, focusing on the section that outlines the 15 different policing strategies that must be analyzed by Sheriff William Sheron and the community stakeholders.

Landers distributed a 10-meeting timeline (on Monday nights at 6:30), with five of those meetings dedicated to reviewing those 15 strategies as follows:

• Nov. 2 – Use of force policies, procedural justice, any studies addressing systemic racial bias or racial justice in policing;

• Nov. 16 -- Implicit bias awareness training, de-escalation training and practices, law enforcement assisted diversion programs;

• Dec. 7 -- Restorative justice practices, community-based outreach and conflict resolution, problem-oriented policing;

• Dec. 21 -- Hot spots policing, focused deterrence, crime prevention through environmental design;

• Jan. 4 -- Violence prevention and reduction interventions; model policies and guidelines promulgated by the New York State Municipal Police Training Council; standards promulgated by the New York State Law Enforcement Accreditation Program.

Sheron is scheduled to give a report on his department to legislators and the committee during a regular meeting of the legislature on Oct. 28, and will answer questions afterward.

Last night, the sheriff pointed out that the Genesee County Sheriff’s Office recently was reaccredited by New York State, which means that the agency has met or exceeded 133 standards as set forth by the state. The department was initially accredited in 2000.

Accreditation aside, Sheron said he would appreciate members' input, adding that "constructive criticism" is a vehicle "to making it better for our citizens."

The remainder of the collaborative’s meeting timeline indicates: a review of the draft report on Jan. 18; presentation of the draft to the public for feedback on Feb. 1; review and vote on the final report on Feb. 15; submission to the county Ways & Means Committee on March 3; adoption by the full county legislature on March 10; and delivery to the state Division of the Budget prior to April 1.

The Executive Order stipulates that the reform plan must be submitted to the state by April 1 or else it could jeopardize the locality’s state aid.

Landers said that the timeline isn’t etched in stone and that he is open to adding to the group’s number, especially if the interested person represents “another perspective or opinion.”

He added that the county’s Information Technology staff will be recording the meetings and the public is invited to attend in person (adhering to COVID-19 guidelines) or via Zoom.

Members present at last night’s meeting -- along with Landers, Stein and Sheron -- were:

• Community members Julie Carasone, Perez Dinkins, Barb Starowitz, Tyrone Woods; Genesee Community College international student Rachel Gelabale;

• Nonprofit community group member Lynda Battaglia, Genesee County Community Mental Health Services;

• Faith-based leader John Keller, Northgate Free Methodist Church;

• Educational group member Rachel Siebert, Genesee Valley BOCES;

• Local elected official Gregory Post, Town of Batavia supervisor; Genesee County Public Defender Jerry Ader;

• Genesee County District Attorney Lawrence Friedman;

• Genesee County Sheriff’s Department Officer Howard Carlson.

Other members (who did not attend) are community member Leandro Mateos; John Bennett, Genesee/Orleans Council on Alcoholism and Substance Abuse; Millie Tomidy-Pepper, YWCA of Genesee County; and Genesee County Undersheriff Bradley Mazur.

The collaborative includes several persons of color and a cross section of people who have deeper views of societal issues through their interaction with minorities in their fields of employment, such as farm ownership, social and mental health services, substance use counseling, pastoral guidance, cultural competence and athletics.

Photo: The first meeting of the Genesee County Police Reform and Reinvention Collaborative took place Wednesday night at the Old County Courthouse. Photo by Mike Pettinella.

A decrease in the Genesee County property tax rate and a much smaller than anticipated increase in the Town of Batavia property tax rate.

That’s the latest word from the managers of both municipalities who shared developments from today’s meetings with the legislature and town board, respectively, concerning their 2021 budgets.

“We’ve had several budget meetings with our county legislature and at this point and time I’m ready to propose a county budget that has a decrease in the (property) tax rate of approximately 31 cents down to $9.80 (per thousand of assessed value) from $10.11,” said first-year County Manager Matt Landers.

Batavia Town Supervisor Gregory Post had encouraging news as well, reporting that his current budget calls for about a 39-cent increase – from $2.45 per thousand to $2.84 – which is considerably less than the potential 88- or 89-percent increase that was bandied about a couple weeks ago.

“Everyone should thank the county legislators for their hard work to make it possible for the revenue distributions they have just made,” Post said, referring to a final 2020 payment of $6 million and a pledge to distribute $10 million in 2021 to the county’s 13 towns and six villages. “Now, we feel much better about taking $550,000 from our fund balance to make this happen.”

Both budgets are tentative and subject to change, but in all likelihood any modifications should be slight at this point.

Holding the Line Paved the Way

Legislature Chair Rochelle Stein said she was hoping that her colleagues and management would be wrong in August (when they predicted a dire outcome).

“I’m glad we were, so we could increase this amount up to 10 million dollars,” she said of the 2021 revenue distribution, which is $2 million more than previously announced. She then applauded the efforts of everyone involved, noting that she appreciated their “work and consistency and your sticking with us.”

Landers echoed her sentiments, pointing out that the moves the legislature has made over the past six months, under the direction of Stein and former County Manager Jay Gsell, “have helped put us in a (good) position and helped me to put together this budget.”

“We’ve been able to fund our roads and bridges to the level that I’d like to fund them in 2021 … and they made a lot of good decisions … on furloughs, hiring freezes, deferring capital projects, deferring acquisitions.”

In order to lower the tax rate, Landers is proposing using about $2.3 million of the county’s $15 million fund balance. He said that is necessary due to a projected 20-percent (or more) cut in aid from New York State.

“We still don’t know if there’s going to be a stimulus for governments,” he said. “The stimulus isn’t anything I am looking toward for revenue replacement; the stimulus would benefit Genesee County primarily in that it would provide revenue to the state, and the state would not have to cut us.”

A 20-percent cut in state aid translates to a $2 million hit to the county’s budget, which will come in at around $144 million.

Sales Tax Numbers Better Than Anticipated

“As you saw in the resolution tonight (at the legislature meeting where the revenue allocations were approved), we’re going to budget $10 million of revenue distribution to our towns and villages in 2021,” Landers said. “We are projecting a small reduction in sales tax, but not anything that we would have thought six months ago. There were estimates that sales tax would be down 30 to 40 percent, but now we’re projecting a 5- to 10-percent reduction in sales tax.”

With sales tax numbers better than expected, the county is able to provide $10 million next year to support the towns and villages.

Landers said he and department heads went through the budget line-by-line during a couple Saturday morning workshop sessions and he “feels comfortable at this point submitting a budget that has roughly a 31-cent decrease in the tax rate, with a levy increase of approximately $400,000 (due to an increase in the county’s assessed value).

“I wish we could do more; I wish we could reduce taxes more,” he said. “It’s one of those (situations) where I’m glad we could come to a consensus with the legislature. I’m glad that we’ve got a balanced budget that I’m going to be proposing and once it goes from my hands to the legislature, it's their ability to modify it and amend it as they see fit.”

He said he expects the legislature to “tweak a thing or two,” but is relieved to have made it this far in the budget process.

“I’m glad to get through my first budget session. I never envisioned putting one together in a pandemic and a financial crisis, but I am glad that we are able to have a stabilized tax rate for Genesee County citizens,” he said. “I understand that it is going to utilize a little more fund balance than we like to, but that’s what the ‘rainy day’ fund is for. If we potentially didn’t have a 20-percent reduction in our state aid, we might have been able to have the possibility of further reductions (in the tax rate), which would have been great.”

Landers said the county’s fund balance is at 12 to 13 percent of its general fund expenditures – the proper level according to guidelines from the state Comptroller’s office.

The spending plan will be presented at a public hearing scheduled for Nov. 4 at the Old County Courthouse. It is slated to be adopted by the legislature on Nov. 23.

Town Supervisor Breathes a Bit Easier

Post said he expects to get a good night’s sleep tonight for the first time in months after coming out of a budget workshop this afternoon at the Batavia Town Hall on West Main Street Road.

The town received word that it would be getting another revenue check from the county in the amount of $1 million this year and just shy of $1.7 million from the county in 2021.

While the $1.7 million is less than what board members originally had hoped for, it is enough for them to be able to allot $550,000 from the fund balance to lower the tax rate.

“That, plus the fact that our investments are beating the market rate by a factor of six times, puts us in position to do that,” Post said, letting out a sigh of relief.

He attributed the town’s ability to weather the economic storm to its collaboration with the county, City of Batavia and Genesee County Economic Development Center that has resulted in developing “multiple streams of income.”

“This all started 12 years ago … by incentivizing businesses that provide sales tax revenue,” Post explained. “All of these entities have collectively applied those principals to our community and we’re reaping the benefits.”

The town board has indicated it will conduct a special work session at 5 p.m. on Oct. 20, prior to adopting a preliminary budget on Oct. 21. A public hearing on the budget is scheduled for Nov. 4.

On a vote of 7-2, the Batavia City Council approved an additional $1,000 a month stipend for interim City Manager Rachael Tabelski, who has been filling the role since June after the resignation of Martin Moore.

Council members Bob Bialkowski and Rose Mary Christian voted against the stipend.

Christian said she opposed the same stipend for Matt Worth when he was interim city manager after Jason Molino left, and to be consistent, she needed to oppose it for Tabelski.

"I'm concerned about a lot of people," Christian said. "We have long lines at food banks; people can't pay their rent or mortgage."

Bialkowski said he was applying the standard of the private sector, that when you're on salary you do the work assigned even if you fill in for a vacant slot at the same salary you were getting.

Council President Eugene Jankowski spoke in favor of the stipend. The assistant acts as a department head for administrative staff as well as other administrative duties and while department heads have helped pick up some duties the workload for Tabelski has increased substantially.

He also noted the City Charter requires the city to have a city manager and assistant manager. 

"If you're doing both jobs, it's a burden," Jankowski said.

Tabelski's base salary is $52,339.

Moore's salary was $110,838.

Jankowski noted that the stipend is not a cost that will put the city in a hole because they're currently saving money operating without a city manager.

The Council is in the process of identifying candidates, which may include Tabelski, to become the city's next city manager.

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To trick-or-treat or not to trick-or-treat? That seems to be the question on the minds of a lot of families in Batavia as our first pandemic-era Halloween approaches.

Councilman Bob Bialkowski said he's received calls from residents wondering if the city will permit traditional Halloween activities and he said there are even residents concerned that if they don't leave a light on for young ghosts and ghouls their houses might be targeted for vandalism.

Interim City Manager Rachel Tabelski said after reviewing information from the Centers for Disease Control (CDC), including a chart she said shows Genesee County as one of the few counties in the area the CDC has marked safe for trick-or-treating, she sees no reason right now to cancel Halloween in the city.

She said residents should be informed of the CDC's guidelines, which include:

• Avoid direct contact with trick-or-treaters.
• Give out treats outdoors, if possible.
• Set up a station with individually bagged treats for kids to take.
• Wash hands before handling treats.
• Wear a mask.

Tabelski suggested residents who want to hand out treats, not have trick-or-treaters come to their door but instead meet them one at a time on their sidewalk.

"We are not banning trick-or-treat unless the county or state come down and ask us to ban it," Tabelski said. "We think it's a great idea for parents and residents to be informed to help them feel safe."

She said she didn't anticipate any trouble for residents who choose to turn off their porch light and not participate.

"I think people understand some people may not feel comfortable opening their doors," Tabelski said.

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When the coronavirus pandemic first hit Genesee County, the revenue outlook for the City of Batavia was pretty bleak -- a projected $2.4 million in losses because of an anticipated 30-percent decrease in economic activity.

As it turns out, sales tax revenue in the county is down only 4 percent, Interim City Manager Rachel Tabelski informed the City Council on Tuesday night.

The city also received an 80-percent payment from the state for video lottery terminal (VTL) revenue from Batavia Downs.

Better news but not necessarily good news. There's still a shortage in revenue of $793,000.

"While we still have many freezes and cuts to the departments, we are weathering the storm well of comfort," Tabelski said.

City department managers continue to work to control costs, making cuts in purchasing in vehicles, equipment and supplies, deferring what they can, and some departments are still under a hiring freeze. Those cost-saving measures are projected to save $611,000.

Whether those cuts are for the long term is yet to be seen.

"That's definitely hard to predict," Tabelski said. "We have rising contractual costs of employees coming into next year's budget and we still have New York State's 2 percent property tax cap that we try to look at and maintain, and stay within if we possibly can. The hope is that as we get closer and closer to the next quarter of sales tax collection, we'll have a better revenue picture and we'll be able to tell if we have a better budget outlook to present to Council in January."

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Update 11 a.m. with comments from Legislature Chair Rochelle Stein:

"We can gladly say that this is good news for the people in our county's towns and villages and City of Batavia. As the calendar moves on, there were key factors that we had to understand before we could determine (the amount to be distributed). The taxpayers are the ones who will benefit as they are the most important people in this entire conversation. It shows that we can work collectively in a manner that can least harm our taxpayers."

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The Genesee County Legislature later today is expected to pass a pair of resolutions that will authorize the distribution to towns and villages of another $6 million in revenue to close out 2020 and $10 million in anticipated revenue for 2021.

“These are the dollar amounts that the legislature felt it could share for the rest of 2020 based on total revenues that come into the county, taking into consideration various lost revenues – state aid, sales tax and interest earnings,” County Manager Matt Landers said this morning.

Landers said the final round of $6 million in payments brings the 2020 total distribution to the county’s 13 towns and six villages to $12,179,543.

Looking ahead, the legislature’s intention to provide $10 million in revenue distribution for next year is welcome news to the municipalities, especially the town boards that are in the process of finalizing their budgets for their 2021 fiscal year that begins in January.

For villages, the 2021 distributions will help in crafting budgets for 2021-22 as their fiscal years run from June 1 through May 31, except for Alexander, which runs from April 1 through March 31.

The $10 million is more than what Landers called “a conservative estimate” of $8 million that the legislature projected in early September – but still less than the $14 million originally budgeted prior to the COVID-19 pandemic.

“Initially, we didn’t want to project a number that we couldn’t provide, and after another month or so of reviewing the data and reviewing where our revenues are coming in, the legislature felt comfortable increasing that $8 million estimate to $10 million,” Landers said.

Revenues are determined by a formula that takes into account the municipality's taxable assessed value and equalization rates.

Following are the dollar amounts (total of $6 million) that represent the final payments for 2020:

TOWNS

• Alabama, $237,321;
• Alexander, $245,122;
• Batavia, $1,025,995;
• Bergen, $296,990;
• Bethany, $246,247;
• Byron, $284,878;
• Darien, $593,614;
• Elba, $221,624;
• Le Roy, $495,998;
• Oakfield, $183,392;
• Pavilion, $327,483;
• Pembroke, $600,149;
• Stafford, $379,168.

VILLAGES

• Alexander, $44,197;
• Bergen, $113,589;
• Corfu, $80,543;
• Elba, $64,499;
• Le Roy, $435,583;
• Oakfield, $123,609.

Following are the dollar amounts (total of $10 million) that represent full payments for 2021:

TOWNS

• Alabama, $408,817;
• Alexander, $399,714;
• Batavia, $1,692,733;
• Bergen, $510,034;
• Bethany, $410,123;
• Byron, $462,932;
• Darien, $973,751;
• Elba, $361,341
• Le Roy, $824,606;
• Oakfield, $300,052
• Pavilion, $544,694
• Pembroke, $1,023,383;
• Stafford, $651,846.

VILLAGES

• Alexander, $71,208;
• Bergen, $199,528;
• Corfu, $138,044;
• Elba, $106,922;
• Le Roy, $720,318;
• Oakfield, $199,954.

The full legislature meeting is set for 5:30 p.m. at the Old County Courthouse and will be followed by an informational meeting to set the timeline of the Genesee County Police Reform and Reinvention Collaborative at 7 p.m.

In another development, the county’s Information Technology department has been working since Tuesday morning to restore phone, financial management and email networks to full efficiency. Officials have been unable to use email and getting through by telephone has been hit-and-miss.

The Batavia City School District has created an executive director of operations position as part of a reshuffling of jobs that has reduced the number of employees on its administrative leadership team.

“It’s important for people to know that we didn’t grow our administration,” Superintendent Anibal Soler Jr. said today while reporting that he was able to shift staff members to reduce the number of administrators from 19 to 16 and save the district around $70,000.

Soler said that two of the job changes affected last year’s budget and one took effect in the current year’s budget.

“I really didn’t understand why we had 19, and the reality is that we only have half of our kids coming every other day,” he said. “So, some of that need isn’t there.”

He emphasized, however, that the school district is one of the largest employers in Genesee County and should have a human resources manager, which is a key component of the executive director of operations position.

“For us not to have an in-house person in charge of human resources – personnel and benefits – was not good,” he said. “We created that position … and just made some moves internally.”

Trisha Finnegan, formerly the director of Special & Alternative Education, was appointed as executive director of Operations.

The rest of the current administrative team at the Batavia City School District is as follows:

• Superintendent Anibal Soler Jr.;
• Business Administrator Scott Rozanski;
• Molly Corey, executive director of Curriculum & Instruction;
• Jason DeGraff, director of Facilities;
• Amanda Cook, director of Special & Alternative Education;
• Michael Bromley, director of Health, Physical Education and Interscholastic Athletics;
• Paul Kesler, Batavia High School principal;
• Nate Korzelius, Batavia High School assistant principal;
• Julia Rogers, Batavia High School assistant principal;
• Ashley John Grillo, Batavia Middle School principal;
• Lindsey Leone, Batavia Middle School assistant principal;
• Bernadette Krumpek, Batavia Middle School assistant principal;
• Brian Sutton, John Kennedy Intermediate School principal;
• Maureen Notaro, Jackson Primary School principal;
• Jeffrey McKinney, John Kennedy and Jackson assistant principal.

The search for a permanent City of Batavia manager is progressing, according to City Council President Eugene Jankowski Jr., who didn’t have much new information to report other than the Cincinnati, Ohio-based consulting firm assisting the board is now part of a larger corporation with offices across the United States.

“We’re setting up timetables to keep the process going and The Novak Consulting Group is scheduling their people to meet with the committee that has been formed by City Council,” Jankowski said today, adding that TNCG has been acquired by another company.

A click on the TNCG website indicates that as of January 2020, it now is part of Raftelis, a national leader in financial, rate, organizational, technology, and strategic business consulting services to the public sector and utilities throughout the United States.

Per the website, “Raftelis’ capabilities and resources mean we now offer clients a broader range of services, and can quickly connect our clients to experts who can deliver the analysis and insights they need.” It also stated that the entire TNCG staff is now part of Raftelis and the firm will maintain its headquarters in Cincinnati.

Last month, Jankowski announced the appointment of Council members Patti Pacino and John Canale, Public Works Director Matt Worth and Human Resources Specialist Dawn Fairbanks to a screening/search committee to set the wheels in motion for the hiring of a city manager to replace Martin Moore, who left the position in June.

Assistant City Manager Rachael Tabelski has been serving as the interim city manager for the past four months.

Jankowski said he didn’t know who will be coordinating the search for TNCG, noting that he expects the local committee to update Council as developments occur.

During the search in the spring and summer months of 2018 that resulted in Moore’s hiring, Catherine Tuck Parrish, executive search senior manager, was the key player for TNCG.

The Batavian placed a call to TNCG this morning to find out if Tuck Parrish was going to direct the search this time, but the person who answered said that she was out of the office until Wednesday.

Jankowski said Council has been in contact with TNCG “all the way back to June 20,” but the company wasn’t available to step in until sometime last month. Per a stipulation in the previous contract, TNCG agreed to provide a “free search” to the city should the city manager leave prior to completing two years on the job.

Moore’s tenure in Batavia lasted for 21 months.

The city reportedly paid $23,500 for the 2018 executive search, plus a few thousand dollars more for advertising, background checks and transportation costs for finalists to attend interviews in Batavia.

Moore received a starting salary of $110,000, with annual increases of $2,000 along with retirement benefits, paid family medical insurance, three weeks’ vacation, life insurance, and relocation reimbursement up to $10,000.

Jankowski said it is his understanding that the city will cover “what we did last time -- beyond their fee – which was advertising costs, interview costs and transportation costs to bring candidates here, and so on.”

He also said that all costs would come before Council prior to payment.

“If we’re going to bring X amount of people in for interviews and it’s going to cost approximately this much money, then Council has to appropriate that,” he said. “It’s not a major expenditure but these are expenses that weren’t budgeted for, so we would have to find the account where it would be legal to be transferred from – such as Administrative Services or the City Manager’s Office. When these costs become apparent, we will make that information available to the public.”

He also said Council will zero in on the qualifications and skills of its next city manager.

“Council will make it known what’s important to them and what’s important to our community. Are we advertising for a people person or a financial expert or a manager for major projects? It’s up to Council to set that job description above and beyond what is listed in the charter,” he explained.

Jankowski said TNCG will do all the screening and preinterviews and make sure the candidates meet all of the qualifications and verify that people are honest about their credentials.

“When that’s all done it comes to the committee and the committee does additional screening, narrowing down the candidates who will be interviewed by all of Council,” he said. “That’s how we did it last time and I expect the process to be pretty much along those same lines.”

As far as TNCG is concerned, Jankowski said it will be “a team approach.”

“There isn’t one or two specific people,” he said. “One of their people may be an expert in background investigations, another may be an expert in screening the actual individual. Now that they’re part of this other company, I believe they will bring more people to the table because they have a larger organization to tap into.”

Jankowski said regardless of who is sitting at the table, Council is committed to making sure the search “is done property, fairly, ethically and legally … and as open as we possibly can.”

While the job search may or may not come up for discussion at tonight’s City Council Business Meeting, a resolution to supplement Tabelski’s current salary with a $1,000 per month stipend for additional responsibilities is on the agenda. The increased pay would be retroactive to July 20 and continue until the city manager post is filled.

The meeting is scheduled for 7 o’clock at the City Centre Board Room.

Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.