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Now that a police collaboration advisory group is ready to address policies and procedures of the Genesee County Sheriff’s Department, County Legislature Chair Rochelle Stein says she is confident of a successful response to Gov. Andrew Cuomo’s Executive Order No. 203 on police reform.

Stein, speaking by telephone this afternoon, said the level of participation and the fact that the sheriff’s agency is an accredited law enforcement bureau in New York State put the county in excellent position to draft a plan and submit to director of the Division of the Budget by April 1.

“I am extremely pleased with the number of people that have indicated their interest in serving and their commitment to making sure that our process is full and robust,” Stein said. “I think that the fact that the State of New York has already reviewed and approved our policies and procedures in the sheriff’s department, gaining that accreditation puts us well ahead … in the process.

“New York State has already seen our policies and procedures, and have already said that they are all within good policing process. I am really grateful for that process – the accreditation that happened previously and the reaccreditation that just finished up in September.”

Last week, Sheriff William Sheron Jr. announced that his department completed the reaccreditation audit in compliance with a mandate that stipulates that an accredited law enforcement agency be reassessed every five years and must show that it has followed the 133 standards during that time period.

The Genesee County Sheriff’s Office received its initial accreditation in year 2000.

Stein and County Manager Matt Landers today released the list of members of their Genesee County Police Reform and Reinvention Collaborative:

• Community members – Julie Carasone, Perez Dinkins, Leandro Mateos, Barb Starowitz, Tyrone Woods.
• Genesee Community College student – TBA. (Stein said a person has been identified but not yet confirmed).
• Nonprofit Community Groups -- Lynda Battaglia, Genesee County Community Mental Health Services; John Bennett, Genesee/Orleans Council on Alcoholism and Substance Abuse; Millie Tomidy-Pepper, YWCA of Genesee County.
• Faith-Based Leader -- John Keller, Northgate Free Methodist Church.
• Educational Group -- Rachel Siebert, Genesee Valley Educational Partnership.
• 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 – Sheriff William Sheron, Undersheriff Bradley Mazur, Youth Officer Howard Carlson.
• Genesee County Manager – Matt Landers.
• Genesee County Legislature – Rochelle Stein.

Former Legislature Chair Robert Bausch will serve as the moderator.

Landers said he anticipates a resident of the Tonawanda Indian Reservation to join the group, which will include several persons of color.

Stein said all committee members are invited to attend a presentation by Sheron at a full meeting of the legislature at 5:30 p.m. Oct. 28 at the Old County Courthouse. She said a “meet-and-greet” – likely via Zoom videoconferencing – will take place prior to Oct. 28 but the date and time have yet to be determined.

Stakeholder groups such as these are being formed by municipal law enforcement agencies throughout the state following Cuomo’s Executive Order issued on June 12. The governor’s mandate requires the chief executive to consult with local community stakeholders and develop a reform plan to address policing procedures. The City of Batavia and Le Roy police departments previously announced their groups, developments that have been reported on The Batavian.

Landers said that group members will convene to “openly discuss public safety needs in Genesee County, and policies will be developed that allow for police to protect the public while meeting our local needs.”

Other community members will be invited to join the panel as the process evolves, he said, and all meetings of the committee will be open to the public.

“We look forward to open and respectful dialogue among members,” Stein said, “and see this as an opportunity to collaborate and better understand others’ points of view resulting in updated and new policies that offer fair justice for all.”

Press release:

“The Genesee County Health Department has received an additional positive COVID-19 test from an Elba High School student,” said Paul Pettit, Public Health director for Genesee and Orleans counties. “The individual has been placed under mandatory isolation where they will remain until they are fully recovered.”

The Genesee County Department of Health is conducting contact tracing that is in process. Students and/or staff will be notified and placed under quarantine if they were identified as a close contact.

"As mentioned earlier in the week, individuals identified by the health department as being close contacts will be expected to follow the New York State Department of Health quarantine guidelines," Pettit said.

“Students and staff who are symptomatic will be tested for COVID-19 in collaboration with the Genesee County Health Department,” said Ned Dale, superintendent of Elba Central School District. “The school will be conducting 100-percent remote learning through Monday, Oct. 12. In-person learning through the hybrid model is scheduled to resume on Tuesday, Oct. 13, 2020.”

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.

For information on school statistics, please visit the New York State COVID- 19 Report Card.

Press release:

• Genesee County received three new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Elba, and Le Roy.
  • The individuals are in their 20s, 30s, and 70s.
  • The individuals were not on mandatory quarantine prior to testing positive.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
     
• Orleans County received one new positive case of COVID-19.
• The new positive case resides in Shelby.
• The individual is in their 60s.
• The individual was not on mandatory quarantine prior to testing positive.
• Three new individuals are on precautionary quarantine due to travel from restricted states.

A small airplane is reported down in the area of 9115 Boyce Road in Corfu. The call to dispatch was initially placed by the Buffalo Airport and subsequently a female caller told a dispatcher the crash was in the woods behind her house.

Buffalo authorities said the plane can hold up to six passengers, but it is unknown how many people are on board.

Corfu and East Pembroke fire departments are responding with a UTV and a hazmat team is called as a precautionary measure.

First responders near the scene say the smell of fuel is in the air.

Law enforcement says the plane is due west (about a half mile) of the Boyce Road address; behind "Mr. Fry's residence." A laneway is nearby but the site of the impact, with heavy damage apparent, is accessible only by foot.

UPDATE 12:08 p.m.: Pembroke and Indian Falls fire police are asked to shut down Boyce Road at Route 33 and Route 5. "The impact hole is apparent but no bodies." "We're looking for victims."

UPDATE 12:11 p.m.: "I don't see anybody -- we're going to have to do a search of the woods," says a firefighter.

UPDATE 12:20 p.m.: A crew from Crittenden Fire Department in Erie County is asked to fill in at Corfu's hall.

UPDATE 12:23 p.m.: Amherst Fire Department in Erie County is asked to stand by in their quarters.

UPDATE 12:49 p.m.: Mercy Flight (top photo) was briefly assisting in the search. It is back in service and the State Police Helicopter is doing an air search. Newstead fire is standing by in quarters.

UPDATE 1:20 p.m.: The Buffalo-based plane was returning to Buffalo from Manchester, NH, at the time it crashed. According to its aircraft registration summary, it is a 2009 SOCATA, with seven seats and a single Turbo-prop engine with 850 horsepower, referred to in the aviation industry at a TBM-850.

UPDATE 2:09 p.m.: Below is an image of the model of aircraft that crashed from the manufacturer's website, courtesy of our news partner WBTA.

UPDATE 3:27 p.m.: The plane is registered to an address that is shared by that of the high-profile law firm of Cellino & Barnes.

UPDATE 3:52 p.m.: According to Genesee County Sheriff William Sheron Jr., there were two people on board, a male and a female, but he declined to provide identification pending notification of family. There are no survivors. The Buffalo News has confirmed that attorney Stephen Barnes, a licensed pilot, was on board. The impact was severe and it created a large crater in the ground and a huge debris field. The plane nearly disintegrated; the largest part of the plane that could be found was a piece of a wing only 3 to 4 feet long. He said it will be quite some time before remains can be recovered and that will be difficult. Federal Aviation Administration personnel are on scene.

UPDATE Oct. 3, 2:09 p.m.: Below is the actual aircraft piloted by Stephen Barnes, registered as N965DM LLC. Technically it is a 2009 SOCATA 700N version, but aviators refer to it as an TBM-850, according to reader Jim Riner. He's a Byron native who now lives in Englewood, Colo., and works for Wetzel Aviation. Riner sent us this photo from the FlightAware website.

Local governments throughout New York State remain in a holding pattern as they wait for word from Albany on state aid levels and from Washington, D.C., on another federal stimulus bill.

“No update has been received by the Genesee County Manager’s Office regarding state reimbursements of mandated expenses,” County Manager Matt Landers said last night.

Municipalities were expecting to receive an update regarding state funding from Gov. Andrew Cuomo on Sept. 30, one of the governor’s predetermined “benchmarks” to evaluate and inform localities of the impact of the COVID-19 pandemic upon New York’s economy.

Until he hears something different, Landers said Genesee County is “still planning for 20-percent reductions in state reimbursements for both county fiscal years 2020 and 2021.”

The county, towns and fire districts have fiscal years that run from Jan. 1 through Dec. 31.

Villages’ fiscal years run from June 1 through May 31, except Alexander, which runs from April 1 through March 31. The City of Batavia’s fiscal year is also April 1 through March 31.

Landers and officials in other counties have been supported by repeated calls from the New York State Association of Counties for the White House and Congressional leaders to reach an agreement on a coronavirus stimulus package that would provide direct aid to local governments.

NYSAC’s latest plea to pass an updated HEROES (Health and Economic Recovery Omnibus Emergency Solutions) Act came on Thursday following its virtual Fall Seminar.

In its press release, NYSAC stated that an analysis of the modified $2.2 trillion HEROES Act -- which was moved by leaders in the House of Representatives this week and is still in the midst of negotiations – reveals that counties across the state would receive nearly $3 billion in federal stimulus.

“Every day that passes without a deal on direct aid to local governments, the deeper the economic hole that is being dug in our communities,” said NYSAC President John F. Marren. “Local governments stepped up and expended great resources to stop the spread of the virus and now, with state aid being withheld and revenue collection down, counties are being forced to cut services and lay off employees, which only depresses the economy further. It’s time for Washington to get behind a plan and get this done for the American people.”

The NYSAC report also indicated that through the Community Development Block Grant program, entitlement communities across New York State -- municipalities over 50,000 in population – would receive about $2.4 billion.

Other, smaller cities and localities, would receive $2.2 billion, and New York City, which has half of the state’s 19 million people, would receive $5.35 billion.

The House’s latest version of the HEROES Act is $1.2 trillion less than what Democrats proposed in May, and includes direct payments to individuals and families, and enhanced unemployment benefits.

The issue of sending funds to states and municipalities is one of the sticking points, but reportedly has the support of the Trump administration in the amount of $250 billion.

The president and chief executive officer of Chapin International Inc. said the company is well positioned to expand its warehousing and manufacturing operations to the Kentucky city of Mount Vernon, a small municipality that is part of the Richmond-Berea micropolitan area in Rockcastle County.

“This is just a continued expansion of organic growth that Chapin has been having over the last 15 years,” Jim Campbell said on Thursday. “We have been growing at a rate of anywhere between 4 percent and 9 percent a year for the last 15 years, so things have gone well for us.”

Calling 2020 “a big year,” Campbell said Chapin will be signing documents to finalize the purchase of the 175,000-square-foot former Eagle Manufacturing facility in the Rockcastle Business Park.

The company’s investment in the Bluegrass State is pegged at $5.495 million.

Chapin International is a subsidiary of Batavia-based Chapin Manufacturing, which designs, creates and markets high-quality compressed air sprayers and hand sprayers. The company was started in 1884 in Oakfield by hardware store owner Ralph E. Chapin, who set up the manufacturing business in Batavia.

Campbell said the company “is excited to be standing up a new operation in Rockcastle County, Kentucky” and praised leaders there for acting rapidly to make the purchase possible.

“We went down there and they had the judge, which is the county executive for them (Rockcastle County Judge/Executive Howell Holbrook Jr.), and the head of their IDA along with their state legislator and one of the county people there and another person from the state – all five people could sit down at the table and you could just finish the deal there,” he said. “All the stakeholders were in one room. In New York State that never happens; you have to go through layer after layer for permission.”

He said the deal came together “quicker and better” because the county owns the building that will be used primarily for warehousing, with about 20 percent of it designated for the manufacturing of sprayers made exclusively of plastic – not the metal sprayers that are made in Batavia. A story in another local news publication erroneously reported that metal sprayers will be made at the Kentucky plant.

“All metal sprayers are made in Batavia, New York and will stay here,” Campbell said. “We will make a couple of different models in Kentucky – products that are much larger than what we mold today in Batavia. We mold up to about a four-gallon product here. Down there, we’ll mold up to a 60- or 100-gallon container.”

Campbell said Chapin Manufacturing has been looking for more warehouse space in either Tennessee or Kentucky for quite some time because the biggest concentration of its customers is in the South and Midwest. The firm also conducts business via Chapin Custom Molding in Elyria, Ohio and Chapin International in Coopersville, Mich., and Clarence, NY.

“We needed another shipping point other than New York and this facility came available to us,” he said. “This particular facility … made product out of resin, which is like what we do. And we actually bought some equipment from an automotive company in Kentucky. So, it all came together very well for us – buying equipment from one company and just moving it a couple hundred miles to put into this other facility in Kentucky.”

He said the company simply has run out of room at its plant in Batavia.

“We have no additional space. It’s 700,000 square feet here and it’s overfull,” he said. “We’ve been renting warehouse space in other states now so, really, we’d like to do away with some of that rental stuff and put it in our own facility.”

Campbell said a couple machine tools needed to produce the sprayers for customers in that part of the country will be relocated to Kentucky, which also will free up some warehouse space in the Batavia facility at 700 Ellicott St.

He also said all employees at the Kentucky building will be local residents, and anticipates a work force of 100 within three years.

Chapin’s incentive package is modest compared to some of the tax abatements approved in New York State.

“As long as I hit my employment number, they will give us a tax break of $100,000 a year for 10 years – that’s the total incentive package,” he said with a chuckle.

Requirements for the incentive to kick in reportedly are creating and maintaining 100 Kentucky-resident, full-time jobs across 10 years and paying an average hourly wage of $22.40, including benefits.

Campbell said the Kentucky contingent had all of the environmental aspects of the transaction in place and Chapin will be making an official announcement in the near future.

Photos: Two varieties of Chapin plastic sprayers that will be manufactured at the company's new facility in Kentucky -- a 25-gallon ATV Spreader with Variable Speed Flow Control at top and a 15-gallon 12V Deluxe Dripless EZ Mount ATV Spot Sprayer​ at bottom.

Press release:

• Genesee County received two new positive cases of COVID-19.
  • The new positive cases reside in Batavia and Elba.
  • The individuals are in their 40s and 50s.
  • The individuals were not on mandatory quarantine prior to testing positive.
  • Four new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
     
• Orleans County received zero new positive cases of COVID-19.
• Two new individuals are on precautionary quarantine due to travel from restricted states.

A 28-year-old Buell Street resident is charged with attempted murder in the second degree after a person showed up at UMMC's emergency room on Aug. 25 with an apparent stab wound to his chest.

Police say the victim sustained a life-threatening injury that would have resulted in his death if not for immediate medical attention.

Officers determined, using evidence obtained through an investigation and an interview with the victim, that the stabbing occurred outside the water plant on Lehigh Avenue.

Jamie Dutton was identified as the suspect. He is also charged with assault in the first degree and criminal possession of a weapon, 3rd. He was ordered held on $100,000 bail or $200,000 bond.

The Batavia resident is currently being held in the Orleans County Jail on unrelated charges.

Batavia PD was assisted in the investigation by the Orleans County Sheriff's Office. Also assisting were the Orleans County Probation Department and the Orleans County Jail.

The investigation is ongoing and anybody with information that may assist in the case is asked to contact Det. Jason Ivison at (585) 345-6313.

Batavia Town Supervisor Gregory Post this afternoon left the door open for a downward adjustment of a proposed $2 million tax levy in 2021, a dollar amount that would nearly double the property tax rate charged to homeowners in the municipality.

Speaking at a special meeting at the Town Hall to release the tentative budget, Post summed up an impassioned, 50-minute response to town resident Michael Shultz, who questioned such a large tax increase, by emphasizing that “this is a starting point.”

“In three weeks, it probably will be a different budget as we have more information to get,” Post said, referring primarily to a third quarter revenue distribution from Genesee County and a report on town spending for the same period.

“Whatever we can do, we’d be willing to reduce the tax rate without endangering our ability to respond to the next disaster (the COVID-19 pandemic and its effects on the New York State economy),” he added.

Councilwoman Patti Michalak quickly finished Post’s statement by saying, “because next year could be worse.”

Town board members – as is the case in municipal governments across the state -- are facing unprecedented tension as they attempt to balance a spending plan of $4,075,787 in the general fund and $1,033,723 in the highway fund.

General Budget Breakdown

Post’s tentative general budget for the 2021 fiscal year, which begins on Jan. 1, calls for $2 million to be raised by property taxes, while using $135,899 from the town’s unexpended fund balance. Revenue is estimated at $1,939,888.

The general budget is more than $1 million less than the 2020 budget and, not coincidentally, the town is currently experiencing a $1 million shortfall in revenue due to cuts in state aid and in sales tax and other revenue from Genesee County.

In 2020, the town board allocated $992,310 from the unexpended fund balance to balance the budget. Measures put into place to reduce the tentative tax rate for 2021 could include using more than the $135,899 currently being proposed.

Should the tentative financial plan remain as is through the budget process, the property tax rate reportedly would jump from $2.45 per $1,000 of assessed valuation to $4.61 per $1,000 of assessed valuation. On a home assessed at $80,000, for example, the tax bill would go from $196 to $368.80.

Shultz, a longtime resident of the Town of Batavia and one of four people in attendance, said when he read about a potential 89-percent increase (actually 88 percent) he was “taken aback.”

“Greg, I read your various news releases this summer and I was fully prepared for some bad news as probably my neighbors were as well,” Shultz said. “And, I expected maybe 25, 30, worst case scenario 35 percent.

Resident Said He Was Shocked

“I was totally taken aback this morning after the disastrous debate last night to read ... and (to) see a probable or potential 89-percent increase was a really shock. I’m quite frankly surprised that more of our neighbors aren’t here.”

After Post replied, “I’m sure they’ll show up eventually,” Shultz continued on, admitting that he had “very limited knowledge of how the municipal budget is established.”

“I worked for 59 years in the private sector (with a background in forest products and gypsum mining and manufacturing),” he said. “Many of those years as a plant manager at a number of facilities across the United States and Canada, and when we got into hard times like this, we got a memo – a very simple one-page memo from the corporate office -- and it said, ‘Here’s your bottom line. You do whatever you gotta do to fill it in.’ ”

Shultz surmised that putting together a budget for a town of the size of Batavia – which continues to expand its wealth through economic development and investment – has “boundaries that are much different than that.”

The resident took the approach that he didn’t understand the process, wanted to learn and “if I can, in some way, participate and help.”

He then thanked Post for his efforts.

“I don’t think you’re going to see a lot of people wanting your job. They’re not going to be running for office, so you can be comfortable with that,” he said.

Many Factors to Consider

Post said he appreciated Shultz’s “perspective,” before embarking on a monologue that touched upon topics such as: how sales tax is distributed to the City of Batavia and towns and villages in Genesee County; how state mandates make things “mindbogglingly difficult” for counties; the town’s history of zero or very low tax rates; lack of revenue from court proceedings due to the COVID-induced shutdown; town employees who are working two or three jobs; and the board’s ability thus far to cut $1.4 million in spending compared to the 2020 budget.

The supervisor said the days of relying on Genesee County’s revenue distribution likely are over.

“We have been so reliant on sales tax revenue for two or three generations .. for as long as I can remember," he said. "The biggest chunk of the Town of Batavia’s revenue has not come from property taxes, it has come from sales taxes."

He said for years he would ask, “What is the future of sales tax distribution?”

“And I never got an answer. So, that was the answer,” he said. “They don’t have a crystal ball either, and the county is in the hardest situation because they cannot bust their tax cap without losing several million dollars – maybe tens of millions of dollars in state aid. They’re no different than a school district.”

The town has received a little more than $1 million in revenue distribution from Genesee County in 2020, much less than the $2.31 million that was anticipated. He doesn’t foresee the number coming anywhere close to what was budgeted.

“Where do I get the other million dollars?” he asked. “I don’t have any other place to get it. There is no money tree in the backyard. I can’t expect the federal government or the state government to come through with anything anytime soon. They’ve had six months and they haven’t budged.”

Post said that the town has been a capable steward of its assets, boasting a five-star rating with 90 percent of its cash invested every day and utilizing friendly refinancing terms to save hundreds of thousands of dollars.

He also boasted of the town’s practice of sharing services with other towns in several areas, including assessor services, building inspection and secretarial work, and praised a full-time staff of 25 employees for “working two jobs and many of them three jobs.”

Calling Out New York State

Post, who has been in the public sector for the past 14 years, said he believes the state’s financial policies are on the brink of collapse.

“This is not a failure of the county government or mismanaging, not a failure of the town not looking far enough down the road; it’s a consequence of the failed policies of this state in supporting local communities when the s--- hits the fan.”

After Post concluded his talk -- and before taking a couple more questions about payments in lieu of taxes and whether the town receives traffic ticket revenue (the answer is a portion stays with the town) – Shultz said he appreciated his transparency.

“It was thorough and I’m sure my neighbors and I understand a little better. So, thank you for all you do and let’s carry on,” he said.

The town board will continue working on the budget with an eye on adopting a preliminary spending plan by Oct. 21. A public hearing has been scheduled for Nov. 4.

Photo: The Batavia Town Board conducted a special meeting this afternoon to talk about its 2021 tentative budget. Town resident Michael Shultz is seated in foreground. Photo by Mike Pettinella.

Leah E. McCabe, 41, of Alexander, (no address provided) was arrested following a shoplifting complaint at Tops Friendly Markets in the Town of Warsaw. McCabe was allegedly captured on in store video on Sept. 22 pushing out a shopping cart full of merchandise without purchasing the items or making any attempt to do so. The value of the merchandise was $338.78. On Sept. 28, McCabe was located at her residence in the Town of Alexander where she was arrested for petit larceny. McCabe then drove herself to the Wyoming County Sheriff’s Office for processing. McCabe was issued a trespass notice banning her from all Tops Friendly Markets locations, and McCabe was issued an appearance ticket scheduling her to answer the charge in the Town of Warsaw Court on Oct. 5. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Brian Thomas Resch, 32, of Buffalo Road, Bergen, is charged with second-degree criminal trespass. At 12:32 a.m. on Sept. 30, Resch was arrested after allegedly entering a residence on South Lake Avenue in Bergen without permission. Resch was released on an appearance ticket and is due in Bergen Town Court Oct. 14. The case was handled by Genesee County Sheriff's Deputy David Moore.

A 14-member Village of Le Roy Police Reform and Reinvention Collaborative advisory group will conduct its first meeting at 6:30 p.m. Oct. 7 at the Le Roy Village Hall at 3 W. Main St.

Le Roy Police Chief Chris Hayward today reported the names of those who will be serving on the committee that is charged with developing a plan in accordance with Gov. Andrew Cuomo’s Executive Order No. 203 on police reform.

The mandate, “New York State Police Reform and Reinvention Collaborative,” requires municipal police departments to adopt a plan and submit it to the state by April 1 to avoid risking future state funding.

Members of the Le Roy committee are as follows:

• Mayor -- Greg Rogers
• Chief of Police -- Christopher Hayward
• Police Department Representative -- Sean Ancker
• Business Representative -- Lori Steinbrenner
• School Representative – Superintendent Merritt Holly
• Clergy Representative – Jack Hempfling
• Citizen Representatives – Weldon Ervin, Laura Kettle, Christine Gephart, Mary Margaret Scanlan
• District Attorney’s Office – Kevin Finnell
• Public Defender – TBD
• Town of Le Roy Representative – Supervisor James Farnholz
• Legal Representative – Jake Whiting

Hayward said he is finalizing the agenda for the meeting, adding that the public is welcome but due to COVID-19 restrictions, seating is limited.

The City of Batavia Police Advisory Stakeholder Group, which has 20 members, held its first meeting on Sept. 24 and has scheduled its next meeting for Oct. 8.

Leanne Adele Lathrop, 29, of Cowie Road, Wyoming, is charged with criminal possession of stolen property in the fifth degree and unlicensed operation of a motor vehicle. She was arrested after a traffic stop on Lewiston Road in Batavia at 6:21 p.m. Sept. 27. She allegedly had property in the vehicle that had been stolen from Target earlier in the day. Lathrop was issued appearance tickets returnable to Batavia Town Court on Oct. 29. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Lee Allen Baxter, 36, (no address provided) is charged with resisting arrest and second-degree harassment. Baxter was arrested at 7:34 p.m. Sept. 26 after a domestic altercation that occurred on Sept. 25 on West Main Street Road in Batavia. Baxter was arraigned in Genesee County Court and released on his own recognizance. He is due in Town of Batavia Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Kyle Krzemien.

Kamie Marie Sedore, 36, of Culver Road, Rochester, is charged with second-degree forgery and falsifying business records in the first degree. Sedore was arrested following a complaint at the Genesee County Jail on West Main Street in the City of Batavia. She allegedly identified herself as another person and signed paperwork stating that the fingerprints she provided were for the false identity provided. She was issued an appearance ticket for Nov. 10 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Justin Paul Dake, 23, of Bloomingdale Road, Alabama, is charged with third-degree criminal mischief. No other details provided. Dake was arrested at 4:32 a.m. Aug. 29 on Bloomingdale Road in the Town of Alabama and issued an appearance ticket for Oct. 7 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Although the City of Batavia’s general fund ended with a deficit for the 2019-20 fiscal year, the municipality is in good shape when it comes to fund balances – not only for the general fund, but for the water and sewer funds as well.

That is the assessment of Laura Landers, certified public accountant with Freed Maxick, who conducted an audit of the city’s basic financial statements for the year ending March 31, 2020 along with a management report for the same time period.

On Monday night, Landers gave her final audit report to City Council at the governing body’s Conference Meeting at the City Centre Council Board Room. She will be retiring at the end of this year, with auditing of the city’s finances being turned over to Kathryn Barrett, a CPA in Freed Maxick’s governmental practice unit.

The 2019-20 audit, dated Sept. 16, came on the heels of Landers’ meeting with the City’s Audit Advisory Committee and Interim City Manager Rachael Tabelski in August.

Landers reported revenues of $16,747,439 and expenditures of $17,528,340 for fiscal year 2019-20, leaving a deficit of revenues over expenditures of $780,901. This deficit decreased fund balances in the general fund to a total of $7,893,502.

The city ended the 2019-20 year with an unassigned fund balance of $1,863,699, exclusive of restrictions and assignments, Landers said.

Cash on Hand for Unexpected Expenses

“So, that’s the amount that Council can utilize for whatever purposes they choose to utilize it for (such as utilizing) it to appropriate in next year’s budget process or for any particular unanticipated expenditures that might arise,” she advised, adding that the city’s actual revenues were slightly under budget and expenditures came in under budget by about $1.4 million.

This bodes well for the city, she said, as “management continues to monitor expenditures in particularly this year as the city moves forward through the current environment and is doing analysis regarding cash flows, routinely, to make sure there is sufficient cash for operations for the city to move through this pandemic.”

Landers also provided charts showing revenues and expenditures from 2011-2020 – data that revealed that income exceeded spending in all of those years except 2015, 2017 and 2020.

“During the current year, the city utilized reserves to fund equipment purchases, sidewalk improvements, health care claims and information technology improvements in the amount of approximately $1 million, and funded reserves in the amount of about $114,000,” she said. “The city has continued to fund reserves in an effort to stabilize tax rates, provide for replacement of equipment and infrastructure, thereby reducing reliance on issuing debt and provide for payment of future liabilities.”

She reported that Tabelski did not assign any money to fund reserves from the fund balance for the 2019-20 fiscal year, reasoning that management and the Audit Advisory Committee “thought that it was prudent, given the uncertainty … to just keep that unassigned fund balance there in case the City Council needs to utilize it for whatever purpose,” such as unanticipated expenditures.

Breaking Down the Fund Balances

Landers broke down the city’s fund balances at the end of the fiscal year. The total general fund balance of $7,893,502 showed assigned and unassigned funds in the amount of $2,315,855 and restricted, non-spendable and committed funds in the amount of $5,777,647.

She said restricted funds included $777,000 for insurance, $3.6 million for capital projects, $273,000 for employee benefits and accrued liability, $332,000 for retirement benefits, $36,000 for Dwyer Stadium and $303,000 for third-party restrictions on money that has come into the city.

“There’s a little over $1,000 that is restricted for debt service – money left over from bond proceeds that wasn’t spent for projects that needs to be utilized to pay down the debt service,” she noted.

The committed fund balance at year’s end had $214,000, which are monies committed to the city’s master plan, Habitat for Humanity architect plans, Ellicott Trail, Creek Park and (the discontinued) Vibrant Batavia.

Landers said no money has been assigned to reserves, but $259,000 has been set aside to help balance the 2020-21 budget. She mentioned that the fund balance of $1,863,999 does comply with the city’s internal fund balance policy in place as of March 31, 2020.

'Strong Cash & Cash Equivalents'

As far as the deficit is concerned, Landers said it was a result of the city “recognizing the City Centre as an asset of the city, a disability retirement settlement and several high-value health insurance claims, which increased the amount that is transferred from the general fund to the self-insurance fund of the city.”

“Overall though, the balance sheet in the city represents strong cash and cash equivalents and also strong fund balances, especially in the restricted areas and the unassigned areas,” she reported.

The audit also reviewed the city’s water and sewer funds, which received high marks for “good cash balances and strong net positions in both the restricted and unrestricted net positions,” Landers said.

Her report revealed a $1.3 million operating surplus of the water fund – before subtracting $516,000 in operating and nonoperating revenues and expenses, and the operating subsidy to the general fund. Landers said this indicates that current rates continue at sufficient levels to support operations.

She said the net cash position of the water fund increased by a little over $1 million.

“Part of that increase relates to the bond anticipation note that was issued in the current year, but this resulted in cash at the end of the year a little over $3.8 million, which does not include the cash that’s restricted for capital projects,” she said. “The $3.8 million is unrestricted cash in the water fund at the end of the year.”

Landers said the sewer fund showed an operating surplus of about $74,000 before operating revenue and expenses and an operating subsidy to the general fund which totaled around $141,000.

“The net cash position of the sewer fund decreased about $319,000, however the cash balance at the end of the year – cash restricted for capital projects -- was a little over $5 million," she indicated. “Still, healthy cash position and healthy net position in the sewer fund, and the sewer fund restricted of about $3.9 million and unrestricted of about $6.7 million.”

No 'Falloff' in Water, Sewer Activity

Landers said the city hasn’t seen a falloff in operating revenues for sewer or water or late payments, concerns that Tabelski had in light of COVID-19.

“Rachael said that they haven’t seen any of that so I would expect that the position – the cash position, net position of the water and sewer funds will continue to be strong going into 2021,” she said.

On the city management report, Landers said that no significant deficiencies or material weaknesses were found.

Summarizing, Landers said the city’s major funds “are still in a good position” and credited management for monitoring cash flows, controlling expenditures and utilizing reserves.

She also advised City Council to capitalize on low interest rates being extended by financial institutions.

“If there is something that you could issue debt for, that just gives you another tool in your toolbox as the Council to go to as far as a funding source,” she said.

The Batavia City Council is on board with a “bright idea” to convert the community-owned street lighting system to light-emitting diode (LED) technology and potentially cut costs substantially in the process.

At tonight’s Council meeting at the City Centre Council Board Room, Public Works Director Matt Worth presented the plan to contract with the New York Power Authority to purchase new street light fixtures for all 772 city-owned lights on the four arterial routes, emphasizing that the city could realize annual savings of $42,493.77 after paying off a 14-year loan.

The arterial roads are routes 5 (Main Street), 33 (Pearl Street), 63 (Ellicott Street) and 98 (Oak Street).

Noting that he and Water/Wastewater Superintendent Bill Davis have been working on this for almost two years, Worth said it would be best to start with the fixtures that are owned by the city.

“We’ve been looking at ways to be more efficient with the street lighting system,” Worth said, adding that the city owns the lights on the arterials while National Grid owns the lights on residential and side streets.

“We’ve looked at different methods to try to make it more efficient and less costly to the ratepayers, and what we’ve found is the Public Service Commission and some of the regulations you have to go through to try to obtain the utility-owned street lighting system or to depreciate it out so you can replace it with newer, higher efficient fixtures are somewhat – I don’t want to say convoluted, but it can be very difficult. There’s a little bit of lack of confidence in what that cost actually is and whether the city is receiving fair value to go that route.”

So, instead he proposes the city join forces with the NYPA, a nonprofit entity that operates the power grid across the state and also provides “low-cost energy solutions for municipalities along the way.”

He explained that the NYPA will change the fixture heads on the arterials, including decorative ones, to an LED bulbs – “so it won’t be the yellowish color of the high-pressure sodium to a less expensive power usage LED white light.

Worth said the cost of the project is $549,033.33 and would be paid off over 14 years. The city would save $3,277.12 each year over those 14 years, but after the debt is paid off, annual savings would jump to $42,493.77.

He said the city would have all new fixtures, lower operation and maintenance costs, better light quality and reduced energy consumption.

“The attractiveness of this program is NYPA really offers a turnkey program,” he said. “We are staffed so lean right now that is very difficult for us to dedicate time to hire contractors and to engage with the consultants to try to do this on our own. NYPA will engage the design professional and they will design the system. They have already estimated the cost.

“Most of the procurement contracts are already in place, so they know how much these fixtures are going to cost. So, they’re able to estimate this very tightly and have given us a very conservative estimate …”

Worth said he is confident in the project, and said NYPA will either extend or shorten the financing term depending upon the final cost.

“The idea is (the) cost of your street lighting system … remains as is until the financing is paid off and then you’ll receive a large savings,” he said. “But in the interim, you get the benefit of a whole brand-new street lighting system and the city isn’t maintaining older fixtures, replacing lamps, and the LEDs have a much longer life.”

Following his report, Council agreed to move to the Oct. 13 Business Meeting a resolution to execute an agreement with the NYPA in the amount of $549,033.33 for the replacement of the city-owned street lights with LED lighting.

Also moved to the Business Meeting for likely voting:

• A resolution to transfer a foreclosed residence at 50 Oak St., to Habitat for Humanity for rehabilitation. The organization plans to invest between $58,000 and $62,000 to renovate the one-family house, which is assessed at $62,000. Council members Rose Mary Christian, Eugene Jankowski Jr. and Robert Bialkowski praised Habitat for Humanity for its continuing efforts to provide affordable housing in the city.

• A resolution to schedule a public hearing on Oct. 26 to amend the Batavia Municipal Code to include public garages in I-1 industrial zones with a special use permit. This change stems from a January request by Eric Biscaro, owner of Classic Home Improvement, to construct an auto service station on the Ellicott Street property. Worth said Council would be charged with voting it into a local law, with adoption expected to take place in December.

• A resolution to take $5,000 out of the Facilities Reserve Fund to close out the City Centre roof alterations and replacement project that was performed by Grove Roofing Services. Worth said the project has been generally successful with the new roof area being water-tight and structurally improved. He said the cost of the project increased due to finding an additional 3,700 square feet of decking that needed to be replaced. He said that all of the roof has been repaired or replaced except the hallway in front of Dan’s Tire Service.

A four-member screening/search committee has been appointed to execute the initial tasks necessary to find the next permanent manager of the City of Batavia.

City Council President Eugene Jankowski Jr. tonight announced that a committee of Council members Patti Pacino and John Canale, Public Works Director Matt Worth and Human Resources Specialist Dawn Fairbanks will convene in the next couple weeks to set the wheels in motion toward filling the position that was left vacant by the departure of Martin Moore in June.

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

Speaking at Council’s Conference Meeting at the City Hall Council Board Room, Jankowski said the board has been working on developing a plan to replace Moore for quite some time but “due to private and personal information, (Council) was ethically and legally bound to safeguard that information.”

He said that Pacino, Canale and Worth (a department head who functioned as interim city manager for several months after Jason Molino left in January 2018) will act expeditiously to set a schedule pertaining to screening potential applicants, placing advertisements for the job both locally and nationally, and interviewing candidates.

He said Fairbanks will serve as a coordinator, with her duties to include contacting The Novak Consulting Group of Cincinnati, Ohio, the consulting firm that assisted in the search to hire Moore in August 2018.

The firm’s agreement with the city included a free search should Moore leave within two years of his employment date, but there will still be costs related to advertising and travel, for example.

Following the meeting, Jankowski made it clear that Council was "following the precedent" used in the search that resulted in Moore's hiring.

"We all were of the general consensus that we were at the point to form the screening committee, just like we did the last time," Jankowski said, noting that no vote was conducted during an executive session last week. "We have done our due diligence."

When asked if any Council members suggested hiring Tabelski, he said there has been talk in the public about that but would not disclose any internal discussions.

"Rachael has every right to apply for the job and I think she will," he said. "And she definitely is qualified to apply. She is doing a good job at this point." 

Tabelski has said publicly that she wishes to be considered for the position.

Ultimately, a vote of Council members will determine who is hired. The process is expected to take another four to six months, Jankowski said.

Jankowski also introduced a resolution to supplement Tabelski’s current salary with a $1,000 per month stipend for additional responsibilities in light of the absence of a city manager.

“I am requesting the same as what we gave Matt Worth (when he filled in as city manager),” Jankowski said. “I think it is fair to offer the same stipend.”

Council members Kathleen Briggs and Paul Viele said they supported the measure, and the resolution was moved to the Oct. 13 Business Meeting.

The additional pay would be retroactive from July 20 and continue until the city manager post is filled.

In a social media post, Nate McMurray, candidate for the NY-27 seat in the Nov. 3 General Election, accused his opponent Chris Jacobs of participating in a rally in Hamburg where Gov. Andrew Cuomo was, in McMurray's words, subjected to a "mock trial and lynching."

Except that even the heavily edited video McMurray posted shows the puppet hanging marionette-like from a crossbar, much like a puppeteer would operate. 

Jacobs denied being at the rally at the time the life-sized puppet was brought onto the stage.

A spokesman for Jacobs issued the following statement:

“Rep. Jacobs spoke at the beginning of the event and left immediately after his remarks to attend another event in Monroe County. The puppet was not on display during his remarks.”

A person who was at the rally with Jacobs said Jacobs was at the event only long enough to speak, about five minutes, and left at least an hour before the puppet was brought out.

This afternoon, McMurray issued a press release accusing Jacobs of "hitting a new low."

“This district has a history of political climbers like Bill Paxon, Tom Reynolds, Chris Lee, and Chris Collins who used the communities and families of NY-27 for personal gain,” McMurray said. “But the hatefulness on display Saturday is a disgraceful new low. Chris Jacobs and his comrades have fully embraced the worst of Trumpism in Western New York.”

The rally was sponsored by the 1791 Society, a pro-Second Amendment group, and billed as an Anti-Cuomo event. 

According to the Buffalo News, the marionette was brought to the rally by Melbourne Sann, of Rome, N.Y., who conducted a mock trial of Cuomo.

Sann, wearing a Revolutionary War uniform, asked for verdicts from the crowd on Cuomo's policies, ranging from abortion rights to bail reform. As the crowd yelled "guilty," a spectator struck the suspended figure in the lower back with a folded metal chair.

While V.J. Gautieri Constructors Inc. is focused on completing as much exterior work as possible before the snow flies, Save-A-Lot management is overseeing an upgrade to the interior of the store at 45-47 Ellicott St.

Such is the current status of the Ellicott Place project, a $2.3 million renovation of the supermarket that will include 10 market rate apartments on the second floor.

Victor Gautieri, project developer, on Friday said that crews have created a new entry vestibule, with placement moved to the east along the north wall, facing the Court Street Plaza parking lot.

“That allows us room to construct our entrance to the elevator that accesses the second-floor apartments,” he said.

Gautieri said that Save-A-Lot is closed for “some pretty extensive remodeling on the inside of the store.” He believes the store has set a reopening date of Oct. 2.

“(They’re) painting and decorating as well as a lot of mechanical upgrades – coolers and freezers and systems of that nature for their operation,” he said.

The interior enhancements are part of Save-A-Lot's effort to upgrade its branding, Gautieri said.

“They’ve rolled out a different look – reorganizing how the groceries are stocked and the flow of traffic within the stores,” he said. “New signs will be going up as well as a different kind of a logo that will be in place as soon as we are finished completing the work on the front canopy.”

Gautieri said he is hoping to have all construction done by the end of April, weather permitting.

The project, part of the City of Batavia’s $10 million Downtown Revitalization Initiative award, will feature seven one-bedroom and three two-bedroom apartments on the vacant, 11,600-square-foot second floor, and includes the development of 18,000 square feet of first-floor commercial/retail space.

Other improvements include a two-stop interior elevator, two stairwells, new exterior windows, doors, veneers and roof membrane.

The Save-A-Lot grocery store occupies around half of the ground floor.

Gautieri said his company plans to “roll out some advertising on the apartments by the end of the year,” with the goal of getting some preopening leasing in place.

“We’ve been receiving phone calls, wondering what the status of the project is and what the apartments will be like,” he said. “We want to try to get ahead of the curve and get things ready to go as soon as construction is done and we’ve got a certificate of occupancy in hand.”

Ellicott Place and the Ellicott Station mixed-use redevelopment venture across the street will provide a much-needed boost for that section of the city, Gautieri said.

“It’s going to be good for – we’ll call it the Southside, which has lacked any real new projects or anything of that nature,” he said.

Photo: View of the location of a new entry vestibule (boarded up), which will provide access to the elevator leading to second-floor apartments upon completion of the Ellicott Place project at the Save-A-Lot grocery store on Ellicott Street. Photo by Mike Pettinella.

Previously: Planning boards to consider Ellicott Place residential/commercial venture special use permits

Press release:

As of 2 p.m.

• Genesee County received two new positive cases of COVID-19.
  • The new positive cases reside in Bethany.
  • One of the individuals is in their 20s and one is in their 50s.
  • The individuals were on mandatory quarantine prior to testing positive.
  • Three of the previous positive individuals have recovered and have been released from mandatory isolation.
  • Six new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
     
• Orleans County received three new positive cases of COVID-19.
  • The new positive cases reside in Carlton and Gaines.
  • One of the individuals is in their 20s, one is in their 40s, and one is in their 60s.
  • The individuals were not on quarantine prior to testing positive.
  • Four new individuals are on precautionary quarantine due to travel from restricted states.

The first meeting of Batavia's Police Collaboration Advisory Stakeholder Group was largely informational, with most of the conversation led by Police Chief Shawn Heubusch on the history of policing, police training, and an introduction to the department's use of force policy.

Some members of the group asked questions or offered a short comment.

City Attorney George Van Ness led off the discussion with an overview of Gov. Andrew Cuomo's executive order mandating such review committees -- called "stakeholder groups" -- for all municipalities in the state that operate a police agency.

The group is charged with reviewing all local police policies and procedures and making suggestions for possible revisions. The plan that comes out of the group's work will be forwarded to the City Council. The plan will be subject then to public input and comment. The council will be expected to review and potentially approve the plan. Once certified, the plan will be sent to the state's Office of Management and Budget.

The executive order states municipalities that fail to follow through by April 1 could lose state funding.

For more on the composition of the group, which is comprised of city officials, community members, and subject-area experts, click here.

The Evolution of Policing

Recalling policing's evolution, Heubusch started with officers walking the beat on night patrol in big cities checking that buildings were secure and dealing with vagrants and drunks. Soon, officers took on the job of investigating crimes. Then when cars became common, police officers were charged with traffic enforcement, with a later emphasis catching people driving under the influence of alcohol or narcotics.

In the 1990s, there was a big push for officers to deal with domestic violence, including mandatory arrests in some situations. Modern departments also employ officers to deal with juveniles. In the late 1990s, the war on drugs started and officers put more emphasis on finding people selling or taking drugs and arresting them. Now, officers put more emphasis on getting drug users into rehabilitation.

In Genesee County, police officers assist Genesee Justice with curfew checks.

Community policing has always been a part of a police officer's job, Heubusch said. Since he became chief in 2014, he started a community outreach committee in the department that looks for ways to connect police officers with community members. Programs include shop-with-a-cop, coffee-with-a-cop, and foot patrols.

Police officers also need training in dealing with mental health issues and conflict de-escalation.

More recently, police officers are called on to enforce pandemic-related regulations and quarantine violations.

And nearly all those police activities have corresponding paperwork for the officer to complete.

"That's kind of what modern policing looks like," Heubusch said. "It's a lot. It's one of the reasons going through the academy these says is so long, because there's so much to learn."

Heubusch went through the academy more than 20 years ago when the required training took 600 hours. Now it's 800 hours.

Once an officer graduates from the academy, the officer is required to have 640 hours of field training.

Body Cams, Use of Force Policy, Job-related Stress

A member of the group asked about the use of body cams and Heubusch said since 2014 all officers are required to wear a body cam. Activating the device requires the officer to click a button twice and they are supposed to turn it on for every interaction with citizens with exceptions for emergencies that require quick action from the officer.

Asked if there is an issue with officers forgetting to activate the camera, Heubusch said there have been very few times where the department has needed to investigate a complaint or needed video footage for evidence and supervisors discovered the camera has not been activated.

The discussion then moved to the next agenda item, Batavia's policy on Use of Force (you can read it for yourself on the city's website (pdf)).

While the chief discussed the policy briefly, group members are asked to read it before the next meeting, which will feature an in-depth discussion of the policy.

Heubusch noted that decisions about use of force are often split-second at best and in that time the officer must assess the threat level and what the legally appropriate amount of force is necessary to neutralize the threat.

"They have to use reasonable force given the circumstances right in front of them at that moment in time," Heubusch said.

To help officers be better prepared in stressful situations, they go through from eight to 16 hours of reality-based training every month.

Batavia PD puts officers through more reality-based training than most small police departments, Heubusch said, because the training carries some small risk of officers getting injured since it's a physical activity.

Community member Billy Blackshear asked about stress levels police officers faced and where that factored into training.

Heubusch said in recent years, there's greater awareness about job-related stress in law enforcement. The things they see, the situations they deal with, can take a toll.

"That's one reason 20 years is long enough to be on the job," Heubusch said. "That stuff compounds."

When officers are dealing with stress, either because of something that happened on the job or in their personal life, they are taken off of street patrol, Heubusch said.

The Rigors of the Hiring Process

In response to a group member's comment, Heubusch said because of retirements, the current police office is comprised of nearly half of the officers being hired in the past two years. Some of those officers had prior experience, but the average age of the force now is somewhere around 24 or 25 years old.

YWCA Executive Director Millie Tomidy-Pepper asked if officers are subjected to a background check before being hired. That started a long discussion about how officers are hired.

The state's civil service law will only allow the department to consider the people with the top three scores on the civil service exam.

There are exceptions that allow the department to consider a lower-scoring candidate, such as a candidate withdrawing an application, but those exceptions are few. Only in recent years has a police chief had the option of passing over a candidate who failed a psychological exam.

There is a criminal background check but only a felony conviction is disqualifying.

The candidate must complete a 28-page background check questionnaire. 

"You would be surprised how many candidates omit things that they don't think we'll find," Heubusch said.

A detective interviews each candidate. The background check includes contacting former employers and references as well as locating people the candidate didn't name as a reference. The neighborhoods where the officer once lived are canvassed for people who can share relevant information about the candidate. Former spouses and boyfriends or girlfriends are interviewed.

"Anybody we can speak to who can speak to the person's character, we want to talk with them," Heubusch said.

There is a credit history check and a social media check.

Then there is a psychological exam with a specialist in police officer duty in Rochester.

Then a panel interview.

Finally, the candidate must take a polygraph.

"If you don't pass the polygraph, you don't get a job offer," Heubusch said.

The whole process takes several weeks.

Victor Thomas, a community member and representative of Just Kings Social Club, said, "That sounds like a lot. It seems you almost have to be perfect to get a job." Then he got a laugh when he said, "I think you just explained to me why I didn't get in."

Heubusch said, "we're not looking for perfect people. We all have skeletons in our closets. What we're looking for are major issues."

The big problem with the process, Heubusch said, is the state law mandating the department to only consider the top three candidates from the civil service exam. There are often better candidates, including some from our local community, who are not among the top three scorers. He would like to see New York go to a system, like some other states, where the exam is "pass/fail," which would mean, perhaps, if 200 people took the exam, the police department could consider up to 100 candidates, including local candidates.

Community member Michael Henry asked if officers receive cultural awareness training. Heubusch said they do in the academy but he didn't have the curriculum with him.

Anibal Soler Jr., superintendent of Batavia City School District, noted that in none of the material provided to group members nor during the presentation was the issue of race mentioned and he suggested a discussion of race be included in any policy reform, training, and in hiring practices. 

City Church Pastor Marty Macdonald took exception to a comment by Heubusch that suggested past behavior was predictive of how a person might do as a police officer. He spoke at length about the ability of people grow, learn and reform.

Heubusch said he agreed and said his comment was meant to refer to references from former employers.

Blackshear commended the chief for his foresight, mentioning he met with Heubusch some years ago, in addressing community issues and trying to reach young people, including trying to recruit young people to a career in law enforcement.

Beyond Diversity -- Doing the Job Correctly with Accountability

Brandon Armstrong, a small business owner and also a member of Just Kings, said he was going to bring up what he thought would be an unpopular opinion: That the big issue was not the diversity of police departments, but the inability of police departments or the justice system to punish police officers who don't do their job the right way. He noted that there have been black police officers accused of acting just as bad as white police officers in other jurisdictions.

"We do need diversity but if somebody isn't doing the job right, they need to better held accountable for it," Armstrong said. "I don't care what color they are."

The opinion wasn't unpopular at all. Other group members said they agreed and nobody disagreed.

Anibal Soler Jr.

Shawn Heubusch