A child has reportedly been bitten in the face by a dog on Wolcott Street in Le Roy.

The caller has secured the dog.

Mercy EMS and law enforcement responding.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with criminal possession of a controlled substance in the seventh degree. Following a domestic incident in the Village of Oakfield at 7:13 p.m. on April 14, Swendsen was arrested and charged with that Class A misdemeanor. Swendsen was taken to Genesee County jail, then released with an appearance ticket to be in Oakfield Village Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Jonathan Dimmig.

Terry Nelson Ritchey, 48, of Alexander Road, Batavia, is charged with: driving while ability impaired by alcohol; no tail lamp; and no plate lamp. At 1:33 a.m. on April 15, Ritchey was arrested after a traffic stop on Clinton Street Road in Bergen. It is alleged that Ritchey drove a motor vehicle while impaired by alcohol. The defendant was issued traffic tickets then released. Ritchey is due in Bergen Town Court on June 2. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Austin Heberlein.

Submitted photos and press release:

Booker T. Washington once said, “If you want to lift yourself up, lift up someone else." This saying rings true when describing a project that Metal Trades and Collision, Custom and Restoration programs at the Batavia Career and Technical Education (CTE) Center recently completed to benefit a student.

Geordan Mitchell, a junior from Caledonia-Mumford High School, is a student in the Metal Trades Program at the Batavia CTE Center. Geordan is disabled and in a wheelchair.

Both Andrew Geyer and Rodney Staats, the Metal Trades instructors at the Batavia CTE Center, worked to develop modified lessons for Geordan, but they still wanted to develop a way that Geordan could work with all the machines in the Metal Trades shop.

They met with Maggie Poray, the Student Services coordinator at the Batavia CTE Center, to brainstorm ideas. She asked the instructors if there was a way to construct something so Geordan could reach the equipment in a manner that was easier for him.

“The instructors and I met and discussed many different ideas on how we could give Geordan more access to all the equipment in both the Welding and Precision Machining shops," Poray said. "We knew that we had to be creative in how and what was developed, and most importantly, whatever was developed had to be safe."

Geyer and Staats reached out to Jeff Fronk and Ryan Ditacchio, the Collision, Custom and Restoration (CCR) Program instructor and teacher aide, respectively, and asked for their assistance. 

That evening, Ditacchio was searching (online) for equipment for his personal use and came across a cart that had a lift. Ditacchio thought this might work if it could be modified for Geordan’s use.

“I showed the (online) posting to Jeff, Andrew and Rodney," Ditacchio said. "We agreed that this could be a possibility but we knew that we weren’t sure how we could make this purchase. I reached out to the owner, explained the story and he gladly donated the cart."

Ditacchio picked up the cart from this donor, who asked to remain anonymous, and brought it back to the Batavia CTE Center.

Then the work began. 

“We had to figure out a way to make it moveable so we could make it tall enough for Geordan and also move it from machine to machine," Geyer said. "I contacted our Operations and Maintenance foreman and he gave us four caster wheels. A new wooden platform was added, the welding students joined the wheels, made a few brackets, cleaned it up, and then we sent it over to the CCR shop for a custom painting."

The cart has a ramp so Geordan can push himself onto the platform, which rises up and down. The cart moves easily for access to machines throughout the shop, and it also has a work table for Geordan to place tools. 

“When I first saw the cart, I was shocked. I was excited because now I can finally easily touch the buttons on the machines,” Geordan said with a big smile on his face.

“Last September, we constructed a table so Geordan could learn and practice his welding skills," Poray said. "This cart will now allow Geordan access to all the machines in the Metal Trades shops,” Geyer said. “We want to give Geordan the best experience possible and this new mobile lift is the perfect solution."

Geordan recently completed a project, a set of metal dice.

“Now, I’m working on a step shaft,” Geordan said.

“This is a practice project that helps the students understand how to use a lathe and helps students practice their skills,” Staats said.

This new cart has given Geordan new opportunities, which has renewed his enthusiasm. 

“I’m definitely happier to come to school,” Geordan said.

“He’s more independent and more self-sufficient, and we see the difference,” Staats said. 

Both Staats and Geyer agree that Geordan always gives 100-percent effort in both the Welding and Precision Machining programs.

“He has a great attitude toward everything,” Geyer said, to which Staats nodded in agreement. 

Fronk emphasized the importance of building relationships with students to understand their needs and the need to be creative when developing solutions to assist students.

“We would do this for any student who needed assistance,” Fronk said. “We would love to be a resource for anyone who might need something like this. We also will be adding more features to the cart to make learning even easier for Geordan.” 

Geordan has set many goals for himself.

“I plan to get a job and work as a welder,” he said. 

There is no doubt that this determined young man will achieve his goals.

Top photo: Geordan Mitchell works at a machine in the Metal Trades shop while in a specially designed cart crafted for him.

Below, back row from left: Ryan Ditacchio and Jeff Fronk, Collision, Custom and Restoration Program teacher aide and instructor, respectively; Andrew Geyer, Welding instructor and Rodney Staats, Precision Machining instructor. Front row, Geordan Mitchell. 

Submitted photos and press release:

National Animal Control Officer Appreciation Week is celebrated every second full week of April and is endorsed by the National Animal Care & Control Association.  

For those in the community that may not be aware, Genesee County Sheriff William A. Sheron Jr. is responsible for the Genesee County Animal Shelter and its two Dog Control Officers (DCO), Ann Marie Brade (inset photo below right) and Ashley Cummings (inset photo below left).  

They protect animals from abusers and people from dangerous animals. These officers seek justice in cases of abused, neglected and abandoned animals; they conduct humane investigations pursuant to NYS Agriculture and Markets Laws, Public Health Laws, and bring in helpless animals.

They ensure any and all animals impounded are properly sheltered, fed, and watered and properly adopted, redeemed, or disposed of in a humane manner.

Remember, pet owners, license and tag your pet. Your local animal control officer will be happy knowing regular vaccination protocols have been followed and the tag (or chip implant) will help the officer identify the animal and you, the owner.

“The work of the Genesee County Dog Control Officers is so important for our community," said Sheriff Sheron. "Additionally important is the support and unique relationship we have with the Volunteers for Animals organization.

"Dog Control Officers Brade and Cummings, along with the VFA, ensure the shelter runs efficiently and needed services are provided to the community."

Genesee County COVID-19 Briefing April 15, 2021

Press release:

Assemblyman Steve Hawley joined his Assembly Republican colleagues in calling on Assembly Speaker Carl Heastie and associated committee leaders to provide them with copies of the required notices and justifications from the governor’s office regarding a modification to an executive order that mandates a 12 a.m. curfew on bars and restaurants.

The Assembly Minority also demanded to know why the curfew was simply pushed back an hour from 11 p.m. to 12 a.m. instead of being done away with entirely.

Pursuant to Chapter 71 of the laws of 2021, the governor is now required to inform legislative leaders and relevant committee chairs of any extension, modification or alteration to existing executive orders related to the coronavirus pandemic.

Hawley has been critical of this curfew for months, especially as similar restrictions were lifted on casinos, theaters and gyms.

The curfew has been in effect in some form since mid-November of last year and has placed great strain on family-owned businesses and small restaurants, forcing many of them to close on a temporary or permanent basis.

“Every day we wait to do away with this senseless curfew, the more real the fear of closure for restaurant owners becomes,” Hawley said. “It is ridiculous to think casinos can stay open all night while restaurants are forced to close, and I hope our legislative colleagues in the Majority will join us in standing with restaurant owners against this nonsensical and burdensome curfew.

"Many of the restaurants threatened by this mandate have been built and operated by several generations of family members and for us to let this mandate drive them out of business would be nothing short of tragic. COVID-19 doesn’t suddenly grow more aggressive after midnight, and it certainly isn’t more infectious in restaurants than it is in theaters and casinos.”

Batavia had little trouble scoring against winless Midlakes on their way to running up their season record to 5-0.

The final score was 56-0.

Terez Smith carried the ball 13 times for 217 yards. He scored two touchdowns. Ethan Loarza ran nine times for 57 yards and a TD, and Aidan Anderson, 11 times for 55 yards and a TD.

Jesse Reinhart was 10-13 passing for 188 yards and four TDs. 

Alex Hale caught two TD passes, of his five receptions, for 87 yards. Tyler Budzinack also hauled in a pair of TD passes and gained 69 yards.

Anderson had seven tackles, Kaden Marucci and Mathew Mcwethy, six each, and Jayden Osborne, three.

To view or purchase prints, click here.

Photos by Steve Ognibene.

Oakfield-Alabama/Elba ran all over York/Pavilion in their game on Wednesday, gaining 460 yards on the ground on their way to a 54-0 win.

"This was a great bounce-back win for our guys after last week," said Head Coach Tyler Winter. "They came out of the gate fast and played well for four full quarters. We set some goals for our squad to clean a few things up on both sides of the ball, and I think we accomplished those goals tonight. We'll go back to the drawing board tomorrow and look to continue improving this week as we prepare for a big challenge in Avon."

Ty Mott ran 22 times for 211 yards and four touchdowns. Mott has now rushed for more than 1,000 yards this season.

Gaige Armbrewster, three carries, 105 yards, one TD. Ty Kornow, five carries, 70 yards, 1 TD. Jayden Hughes, three carries, 35 yards, one TD.

Bodie Hyde completed a 64-yard TD pass to Zach Howard.

Peyton Yasses and Dontrell Jenkins each had 12 tackles.

Photos by Kristin Smith. For more, click here.

Press release:

Congressman Chris Jacobs (NY-27) testified this afternoon in front of the House Committee on Transportation and Infrastructure in support of his legislation the Infrastructure Expansion Act. 

A transcript of Rep. Jacobs’ testimony as prepared for delivery:

“As we move forward with efforts to expand our nation’s infrastructure, I want to bring to your attention an important issue in my home state of New York. New York is currently the only state in the union to impose absolute liability on employers and property owners for gravity-related injuries. This archaic standard is enshrined in New York’s Labor Law 240/241, otherwise known as the “Scaffold Law.”

Absolute liability under the Scaffold Law means employers and property owners are fully liable for worksite accidents, regardless of the contributing fault of the worker. To understand the injustice of this law, take for example that courts have ruled repeatedly that the intoxication of an employee is not a defense for an employer under the statute. Contrast this with the liability standard of comparative negligence – the standard in every other state – which allows for a reasonable determination of fault between two parties.

Studies have indicated the Scaffold Law adds approximately 8-10 percent to the cost of construction in New York State. Due in part to the extreme standard set by the Scaffold Law, the cost of construction in New York is higher than anywhere else in the nation, resulting in unnecessary taxpayer spending across all levels of government.

According to one study, the Scaffold Law is expected to add an additional $180 to $300 million to the Gateway Program. The Tappan Zee Bridge is estimated to have incurred up to $400 million in additional costs due to the Scaffold Law. In a recent amicus brief, the New York City Transit Authority stated it is in an existential financial crisis. Its public liability burden in 2019 was $150 million dollars, much of that due to the Scaffold Law.

These costs represent hundreds of millions of dollars that could have gone toward improving our schools, repairing the New York City subway, or fixing our roads.

Defenders of the Scaffold Law say that it improves worksite safety, but data shows the opposite. A study deemed “practice-ready” by the Transportation Research Board of the National Academies of Science, Medicine, and Engineering concluded that the law actually increases both fatal and nonfatal injuries by 670 each year.

The challenges presented by the Scaffold Law are why I have championed the Infrastructure Expansion Act (H.R. 1300), which would exempt federally funded projects from the Scaffold Law and instead place them on a standard of comparative negligence.

Mr. Chairman I would like entered into the record a letter of support from over 65 organizations throughout New York State supporting my bill.

The Scaffold Law is particularly challenging for minority and women-owned businesses, as the inflated premiums they must pay for liability insurance puts them at a competitive disadvantage when bidding for projects against larger firms.

That is why groups such as the Minority & Women Contractors & Developers Association and the National Association of Minority Contractors have been vocal supporters of Scaffold Law reform. I am proud to have their support for my bill.

Other supporters of Scaffold Law reform and my bill include the New York State Association for Affordable Housing. The Scaffold Law is estimated to add $10,000 to the cost of a single-family home in New York State. Anyone interested in making New York State more affordable for families should support the inclusion of my legislation in any infrastructure package.

Another supporter I am proud to have is Habitat for Humanity. Like the New York State Association for Affordable Housing, Habitat for Humanity appreciates efforts to make housing in New York more affordable. However, they have an additional issue with the Scaffold Law. In the wake of Superstorm Sandy, Habitat and its volunteer partners rushed to help Long Island recover, however they struggled to find insurance because of the Scaffold Law.

For the sake of our roads, our bridges, our schools, our railroads, our homes, and all New Yorkers, the Scaffold Law must be reformed. I urge the Committee to include my legislation in the infrastructure package. With that, I yield back.”

New York’s Scaffold Law imposes an absolute liability standard for all gravity-related injuries on construction projects. New York is the only state with such a law.

In February, Jacobs reintroduced his legislation, the Infrastructure Expansion Act (H.R. 1300), that would protect New Yorkers from high construction costs by pre-empting the Scaffold Law on any project receiving federal funding – instead of implementing a standard of comparative negligence for these projects.

Press release:

This year has brought many changes to everyone during the coronavirus pandemic. One thing that has changed, is how we can safely raise funds. St. Paul Lutheran School has three upcoming fundraisers to help support our school, located on 31 Washington Ave. in Batavia.

And we are currently taking registrations for the 2021-2022 academic year for preschoolers age 3 and 4 and students through the grade six.

Join Us For These Events

• Sponsored Dinner at Batavia's Original -- Wednesday, April 21, from 4-9 p.m. All dine-in, take-out and delivered orders will benefit the school with a percentage of the sales that will benefit our Tuition Assistance account.
• Hanging Basket Vouchers -- Order a voucher from our school for $22 and then go shop at a Delre's Greenhouse for your selection of color and flower of your choice. Vouchers are good from May 15 through May 28. Proceeds to benefit our school.
• Scrap Metal Drive -- Saturday, May 1, from 8 a.m. to noon at 31 Washington Ave., Batavia. We can accept: kitchen appliances, washing machines, dryers, lawn mowers, wheelbarrows, hot water tanks, bicycles, metal fencing and posts, gas grills, automobile batteries and boat batteries. Proceeds to benefit our school. We CANNOT accept: televisions, microwave ovens, propane tanks, rechargeable batteries, food containers.

For more information on any of these events, please call (585) 343-0488. Thank you kindly.

The City of Batavia this week honored a longtime police officer who recently retired and recognized the contributions of Genesee County Emergency Dispatch Center personnel.

City Council President Eugene Jankowski and Council Member Jeremy Karas, at Monday night's Business Meeting, read proclamations honoring Police Officer Jason Davis and designating the week of April 11-17 as National Public Safety Telecommunications Week, respectively.

Davis retired on March 30 after nearly 22 years with the Batavia Police Department. Previously, he worked for the Village of Le Roy PD and Cattaraugus County Sheriff’s Office.

The proclamation noted his many roles, including the emergency response team, crime intervention officer, field training officer, general topics instructor, de-escalation instructor and, most recently, school resource officer at the Batavia City School District.

He also was a Boy Scout Troop leader for many years.

Per the proclamation, Officer Davis “served his department with professionalism and compassion, and has been a positive role model and mentor to other officers and many more in the community."

Davis thanked all those with the city for giving him the opportunity in 1999 when he transferred to Batavia. 

Karas, after reading the proclamation that outlined the various ways communications staff and dispatchers are vital to public safety, introduced Genesee County Undersheriff Brad Mazur (at right in photo below)  and Communications Assistant Director Frank Riccobono (at left in photo below).

Mazur thanked City Council for acknowledging the dispatchers' "hard work, dedication and true professionalism."

Photos by Mike Pettinella.

Longtime local attorney Gerald "Jerry" Williams celebrated his 90th birthday today by doing what he has done just about every day for the past 60-plus years -- tending to legal matters at his Downtown Batavia office.

Williams took time out from his duties to pose for a picture with his son, Thomas, who recently became the Genesee County Family Court judge, and daughter, Annie.

He said he was admitted to the bar in 1955, but for the first two years served in the Army.

"I came back in 1957 and commenced practice with Jim Murray, a trial laywer, forming the Murray & Williams law firm," he said. "Jim died in 1994 at the age of 86 and he was here the day before he died."

Williams said he, too, doesn't see retirement in his plans, noting that "I will keep working until I don’t enjoy it anymore."

This prompted Annie to quip, "Lawyers don’t retire anymore, they just lose their appeal."

As far as outside-of-work activities, Williams still plays competitive tennis.

"Now, I can’t wait to get into those 90-and-over tennis tournaments," he said.

Williams has three other children and 11 grandchildren.

Photo by Mike Pettinella.

For National Poetry Month, David Reilly reads "Nostalgia" by Billy Collins.

The adoption of a proposed 2021-2022 school budget for Batavia nearly brought Board of Education President Alice Ann Benedict to tears on Monday night.

She wasn't upset. If anything, she was overjoyed.

The budget doesn't increase the district's tax levy one penny over the 2020-21 budget. With rising property values and commercial properties that were previously covered by tax abatements known as PILOTs* rolling out of those programs, most property owners should see the education portion of their property taxes going down next year.

Superintendent Anibal Soler said a rough guess right now is that a home assessed at $100,000 will pay $64 less in school taxes.

He called that a win for the community and in remarks at the end of the meeting, Benedict agreed and thanked Soler, Business Administrator Scott Rozanski, and the rest of the board of education for their work on the budget.

"I just want to say how pleased I am that we got to zero percent because I think it is quite important for our community," Benedict said before fighting back tears. "This has been a tough year. I just wanted to say I appreciated it."

Rozanski said it was possible to balance the budget because of additional state and federal aid being provided to local school districts.

The tax levy this academic year is $19,493,958 and under the proposed budget will be exactly the same in the coming year.

The total budget will increase from $51,470,726 to $52,096,661, a 1.22-percent increase in spending, which is just below the consumer price index increase of 1.3 percent.

The tax rate based on the proposed levy has not yet been set.

"The tentative PROJECTED tax rate (using the current assessed values) is $20.65," said Rozanski in an email to The Batavian. "This amount WILL change because all the information (assessed values, equalization rates, omitted taxes, and removed exemptions are NOT finalized until the summer. The OFFICIAL tax rate will be calculated in August/September 2021."

There will be a public budget presentation on May 10 and the budget will go before voters on May 18.

*PILOTs -- Payment(s) In Lieu Of Taxes.

A federal bankruptcy judge in Buffalo has ruled that three debts of former funeral director Michael Tomaszewski cannot be discharged under bankruptcy law.

The three debts are part of more than $3.2 million in liabilities Tomaszewski listed when filing for bankruptcy in February 2020. He initially filed for Chapter 11, a reorganization of debts, but changed the filing to a Chapter 7, forgiveness of all debts not covered by available assets, last month.

Yesterday, in a separate criminal matter, Tomaszewski entered a guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial. Over the summer, the 40-year-old Batavia native was charged with more than 200 counts of criminal conduct stemming from a scheme to divert deposits made on prearrangements for funeral services to his own personal use.

The amount of restitution he will owe former clients will be set at his sentencing on July 13. He faces a possible sentence from two and one-third to seven years in prison. The restitution order could approach $500,000.

In his ruling, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. 

According to the ruling, Tomaszewski will remain liable for prearrangement deposits from individuals for $10,500, $8,000, and $8,000. Under bankruptcy law, the three individuals are entitled to priority repayment for the first $3,025 of each debt.

The bankruptcy proceedings only include debts listed in the filing. Not all victims of Tomaszewski are listed as claimants in the case.

Press release:

• Genesee County reporting 15 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 19-20s, 20s, 40s, 50s and 60s. 
• Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.  
• Four of the current positive individuals are hospitalized.

​

Orleans County reporting 13 new positive cases of COVID-19.  

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

Previously: School districts responding to new COVID-19 guidance from state

While working on a story today about new state guidelines for local schools, we emailed questions to the Public Health Director, Paul Pettit, and asked him about the new guidance, which makes local health departments (LDH in his response below) responsible for ensuring local school districts are adhering to state guidelines.

We asked if this was an additional burden for his department. We asked about what guidance he's offered superintendents given the seeming confusion the new guidelines may have created. Here is his response:

Yes, the shift of putting the LHDs into the role of compliance with the new state guidance was not discussed prior to the release of the document last Friday. This again is an example of the state adding additional requirements on the local agencies without notification and recognition of the current burden and lack of capacity for additional work with the current pandemic response needs.

Up until this guidance came out, LHDs have been in a guidance role and focused on case investigations and dealing with COVID cases in the school populations. Currently, as this was just released, there has been no clarification or process developed for ensuring compliance with these guidelines.

We have had weekly meetings with our superintendents and have discussed this new guidance and are seeking clarification from the state on several areas that are shifts from the previous guidance including, the 100-percent masking mandate, the use of barriers as a mitigation strategy for reducing distance and the data sources for determining community transmission.

Currently, based on the CDC data, our county is in the high transmission category (Red Zone), which restricts distancing below 6 feet for middle and high school students unless they are able to cohort the students.

Many of these shifts have created barriers and challenges for increased in-person instruction in many of our districts. Each school is required to seek their communities risk tolerance to reducing distancing prior to changing their plans with their stakeholders and adhering to the new guidance.  

The LHD has not currently received or reviewed any school plans to date, nor are we planning to. The new guidance does also not require this review/approval component. Similar to all reopening plans (for businesses etc.) we do not review/approve them but would reference for compliance if complaints were brought forward.

The schools are responsible to adhere to the guidance and ensure their plans incorporate and follow the new guidance. This is to be posted and available public included submitted/filed with the department of education and the LHD. We are working to get further clarification.

Press release:

At 5:11 a.m. today, April 14, the City of Batavia Fire Department was dispatched to a reported fire in an upstairs apartment located at 1 Jerome Place. Units were on scene at 5:12 a.m.

Upon arrival, firefighters found smoke emanating from several windows located on the second floor of the structure. Responding crews made an aggressive interior attack and were able to contain the fire to a single room on the second floor. The situation was called under control by on-scene fire command at 5:27 a.m.

Due to the intensity of the fire, the home received significant smoke damage to the second floor with minimal water damage to the first floor. One animal was rescued by bystanders prior to the fire department's arrival and all occupants were able to self-escape.

At this time, the City of Batavia’s Fire Investigation Team with assistance from the City of Batavia Police Department’s Detective Bureau are investigating the fire to determine the origin and cause.

The American Red Cross is assisting the occupants of the residence with support services.

City fire was assisted at the scene by the City of Batavia Police Department’s Road Patrol and Detective Bureau along with the City of Batavia Bureau of Inspection. Additional assistance was provided by the Genesee County Sheriff’s Department and Emergency Dispatch.

All city fire department units were back in service at 8:19 a.m.

Submitted photos.