This super spacious three-bedroom home is move in ready, the central air is a bonus along side the newer furnace hot water tank roof and siding! The big things have been taken care of, leaving time for decorating the big rooms that all have closets and storage!

The home has a couple of bonus rooms starting with the awesome enclosed front porch which is an ADDITIONAL 220 square feet of living space. Can supplement the living space as an office/toy room or just enjoying nice evenings and early mornings! Off of the dining room is a cute room that could be great office space for working at home these days!

Attic is finished and could be great additional rec space with room for everybody! The street of course is a Batavia classic to enjoy in all seasons. There's a lot of home here, come check it out! Call Lynn Bezon today for more information 585-344-HOME (4663).

There were no injuries in a two-car accident at 5:35 p.m. at East Avenue and Vine Street, Batavia. A State trooper happened to be in the neighborhood and rolled up on the accident right after it happened.

Some late changes to the 2021 Genesee County budget require using a bit more of the municipality’s fund balance, but they won’t affect the property tax levy or tax rate, County Manager Matt Landers said this afternoon.

The county legislature’s Ways & Means Committee forwarded resolutions to both amend and adopt the $143,204,679 All Funds spending plan and to finalize the tax levy at its next full meeting on Nov. 23.

Per the resolution, the budget as presented and amended calls for $31,451,727 to be raised by property taxes – an increase of $400,069 from 2020 – and a tax rate of $9.80 per thousand of assessed value.

Landers said that $2,407,767 is being appropriated from the fund balance to help get the tax rate to that figure, which is 31 cents less than the 2020 tax rate. The fund balance amount is $607,732 more than what was allocated in 2020.

The county’s General Fund budget figure is at $110,276,137.

Landers mentioned the major changes to the budget, which were implemented after a final review by management and departmental leaders.

“Most of the budget changes are due to a recent contract settlement with our AFSCME (American Federation of State, County and Municipal Employees, AFL–CIO) union, which represents the highway and facilities management employees,” he said. “My proposed budget had the costs sitting in the contingency account, but since we settled the contract we are going to move the funds into the appropriate departmental lines.”

Landers said that some costs in the mental health budget were under-budgeted as officials attempted to gauge the decrease in reimbursements from New York State. Additionally, changes were made on both the revenue and expense side in the public defender’s office in light of the county’s five-year plan.

“We are utilizing additional fund balance in the 2021 budget to cover this. The changes don’t impact the tax levy or the tax rate at all,” he reported.

Ways & Means Committee Chair Marianne Clattenburg thanked Landers and his team for conducting “a very smooth budget process considering the times that we’re in.”

“I appreciate the give-and-take from everyone and I think we did a good job with this budget,” she said.

The committee also set a public hearing for 5:30 p.m. Dec. 9 on a local law to approve the salaries of county officers who are elected or appointed for a fix term in accordance with a section of the Municipal Home Rule Law.

The salaries of these officers, which will take effect Jan. 1, are as follows:

• Commissioner of Elections (2) -- $49,761;
• Highway Superintendent -- $115,110;
• Director of Real Property Tax Services -- $66,385;
• Director of Human Resources -- $80,050;
• Commissioner of Social Services -- $89,319;
• Public Defender -- $103,453;
• County Attorney -- $127,845;
• County Clerk -- $97,862.

In another development, the committee reappointed Richard Siebert of Stafford as Genesee County Republican Election Commissioner for a three-year term, effective Jan. 1.

Legislators commended Siebert, Democratic Election Commissioner Lorie Longhany and all those who worked during the recent election for a job well done as they dealt with several changes to the system while adhering to COVID-19 guidelines.

Press release:

New Positives – As of 2 p.m. 

• Genesee County received 17 new positive cases of COVID-19.
  • The new positive cases reside in Alexander, Batavia, Darien, Elba, Le Roy and Pembroke.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, and 70s.
  • None of the individuals were on mandatory quarantine prior to testing positive.
  • Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of (all) positive individuals are hospitalized.

• Orleans County received nine new positive cases of COVID-19.
• The new positive cases reside in Barre, Carlton, Clarendon, Murray and Ridgeway.
• The individuals are in their 0-19s, 40s, 50s and 60s.
• Three of the individuals were on mandatory quarantine prior to testing positive.
• Six of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the positive individuals are hospitalized.

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Restrictions Currently in Effect (as of Nov. 13)

Bars, restaurants and gyms, as well as any State Liquor Authority-licensed establishment, must close in-person service from 10 p.m. to 5 a.m. daily.

• Indoor and outdoor gatherings at private residences will be limited to no more than 10 people. 

Faith-based Organizations

Consider continuing or reinstating remote worship due to increased numbers of positive COVID-19 cases to protect your more vulnerable population.

For those who are at risk of complications for COVID-19 or the flu, consider to connect with your house of worship remotely to lessen the risk of contracting COVID-19 or the flu.

If you are sick or experiencing new symptoms, STAY HOME and worship remotely. Don’t share your germs with others.

Time-Distance-Masks-Hands!

In order to limit the spread of COVID-19 you need to rethink any upcoming gatherings. The more time you spend with nonhousehold members, the more at risk of spreading the virus and putting our counties in a micro-cluster which will increase restrictions. Even small gatherings have the potential to have an impact on our hospital systems as we are seeing an increase in hospital admissions and ICU admissions. Limit time with nonhousehold members…Keep at least 6 feet or more…Properly wear a mask/face covering over your nose and mouth…and Wash your hands frequently with soap and water or 60-percent alcohol hand sanitizer, as well as sanitizing frequently touched surfaces/items.

Gathering Size

According to Governor Cuomo’s Executive Order 202.45, all nonessential gatherings of up to 50 individuals of any size for any reason at venues (celebrations, weddings, or other social events at public facilities or private venues) unless otherwise designated (ex. religious gatherings), are now allowed for those regions in Phase 4.

So long as appropriate social distancing, wearing cloth masks/face coverings over their mouth and nose, and cleaning and disinfection protocol requirements are followed. With the recent uptick of individuals testing positive and the stricter guidance placed by the Governor, it is important to remember that those who plan and host nonessential gatherings (whether at a venue or a private residence) as noted above, can be fined up to $15,000, and/or cause our counties to be considered a micro-cluster which will place the area under stricter restrictions.

Micro-clusters: The initiative will take the most significant action within the cluster (Red Zone), moderate action in the area surrounding the cluster to stop the spread (Orange Zone), and precautionary action in the outlying communities (Yellow Zone). To learn more about the Cluster Action Initiative go to https://forward.ny.gov/ny-forward.

Press release:

The Holland Land Office Museum's Wonderland of Trees sponsored by Tompkins Bank of Castile will occur from Nov. 20th to Dec. 31st.

This year there will not be an opening night kickoff event. All the wonderful decorated trees can be viewed during the museum's normal business hours of Tuesday through Saturday 10 a.m. to 4 p.m.

Museum visitors will be limited to 25 at a time.

Masks and social distancing protocols are required.

A basket raffle will also take place until Dec. 18th when the winners will be drawn.

Musical concerts will be performed by the Genesee Symphony Orchestra on the evenings of Dec. 4, 11, and 18, with a limited audience of 12 Preregistration is required. The concerts will also be broadcast live for all to experience.

Normal museum admission rates will apply. For more information visit hollandlandoffice.com or call the museum at (585) 343-4727.

Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.

Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.

Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class  E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.

Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.

Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.

Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.

Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.

Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.

Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.

Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Richard A. Dekenipp is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.

Neither Sheriff William Sheron nor Batavia Police Chief Shawn Heubusch intends to have their officers knocking on doors of private residences to see if people are violating a Gov. Andrew Cuomo executive order that prohibits gatherings of 10 or more people.

They both do, however, expect people to be reasonable and responsible and avoid large gatherings in response to the uptick of COVID-19 cases locally.

Cuomo's order, in advance of Thanksgiving, a traditional time for extended families to gather together to celebrate the holiday, has drawn criticism throughout the state.

Both Sheron and Heubusch cited the constitutional prohibition against unreasonable searches.

Heubusch said city police officers will respond to complaint calls as normal and conduct any interaction within the requirements of local, state and federal laws.

Sheron was more openly critical of the governor's order, questioning its constitutionality and suggesting Cuomo would better serve the people of New York by encouraging residents to be cautious and use good judgment.

Sheron's statement:

We are not encouraging people to have large gatherings in their homes. I want citizens to use their own best judgment and remain safe. We do not have the resources, nor the inclination, to peep into private residences to see how many people are at the dinner table.

The Executive Order raises serious Constitutional questions. Serious issues about the right of people to privacy in their homes, the right to be free from warrantless searches, the right to assemble, the right to freedom of religious practice, the right to equal treatment under the law, and the right to have criminal conduct clearly defined by law are all implicated by the Governor’s Executive Order.

I think that, rather than issuing orders, which are, at best, impossible to enforce, and, at worst, unconstitutional, the Governor would serve the People of New York better if he used his bully pulpit, not to do more bullying, but rather to encourage our citizens to be cautious, use good judgment in weighing risk factors, protect the vulnerable, and enjoy our families and our great gathering traditions only in ways that are safe until we can get back to normal. 

Heubusch's statement:

The City of Batavia and the Batavia Police Department want to remind the public that we are currently living through a global health crisis and ask everyone to do their part to help stop the spread of COVID-19. That includes celebrating responsibly with family and friends during this holiday season. We are confident that the residents of the City of Batavia will do your part to keep you, your family and your neighbors safe. The Executive order does not alter any Federal or State laws with reference to search and seizure restrictions, therefore the Police Department will respond to call for service as we have in the past and execute our duties within the bounds of Federal, State, and Local laws. The City Police Department will continue to respond for calls for service in the normal course of business to keep our families and residents safe.

Michael S. Tomaszewski, already facing multiple felony charges for allegedly misappropriating money from customers, has now officially been accused of mishandling the remains of an Army veteran in 2018.

Tomaszewski has been charged with offering a false instrument for filing and also of violation of Public Health Law 4200 for allegedly not burying a dead person's body within a reasonable period of time.

Peter Vandetta, a 20-year Army veteran, died in April 2018. Coroner Jeff McIntire fielded a complaint from the estranged stepdaughter of Vandetta in January 2019 about the whereabouts of Vandetta's remains.

The Sheriff's Office then became involved in the investigation.

It's alleged that Tomaszewski stored the body for 264 days at his facility on West Main Street, Batavia, from April 2018 to January 2019.

Tomaszewski also filed a death certificate indicating the body was buried at a specific cemetery on a specific date. It's alleged that information was not truthful. 

The Sheriff's Office said in a release today that Vandetta's remains did subsequently receive a proper burial.

Tomaszewski was issued an appearance ticket for both charges. He is scheduled to appear on the charges in Town of Batavia Court on Dec. 3 and Town of Oakfield Court on Dec. 7.

In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. He faces more than 100 criminal charges.

Tomaszewski and his company Acme Holdings are in the midst of federal bankruptcy proceedings and his former funeral home property and catering facility are for sale.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

For the second year in a row, the Le Roy Girls Soccer Team is heading to a sectional championship game after beating Mynderse 5-0.

They'll play #1 seed Bath tonight. Game time is 6 p.m. in Bath.

Maddie Keister scored two goals in the win over Mynderse. Bella Condidorio, Bryn Luckey, and Kailyn Tresco also each scored a goal. Keri Biggins had eight saves.

Also in girls soccer, Byron-Bergen plays for a sectional title at 7:30 p.m. against Geneseo in Avon.

Video by Tim McArdle.

The Notre Dame Girls Soccer Team will play for a sectional title tomorrow night for the first time in program history.

Last night, the Fighting Irish beat Andover 3-0. Sky Colontonio, Emma Sisson, and Arabella Rogers each scored goals. Goalkeeper Rebecka Nickerson had seven saves.

The team plays Jasper-Troupsburg at 7 p.m. tomorrow at Van Detta Stadium in Batavia.

Photo and info provided by Jarrod Clark.

Press release:

This Thursday, Nov. 19, from 4:30 to 6:30 p.m., Batavia Middle School and John Kennedy Intermediate are hosting a COVID-19 friendly event for all Batavia City School District families.

The annual Warm the Night will be held at Batavia Middle School at 96 Ross St.

Families are invited to come and pick out gently used and new winter clothing (including coats, hats, gloves, scarves and boots) for members of their family.

In addition, representatives from many community agencies will be available with information about their programs and services. The growing list of agencies includes:

• Community Action of Genesee and Orleans
• Catholic Charities
• Blue Cross Blue Shield
• AmeriCorps
• Liberty Center
• Neighborhood Legal Services
• Connect 2-1-1
• Batavia City Fire Department  

Also, Christina Kulesz, DC, a Batavia chiropractor, will be there for free chair massages. There will be other free giveaways as well, including free Timbits and hot chocolate.

Press releases from St. James Episcopal Church:

Due to COVID-19, the third annual Basket Raffle at St. James church is cancelled that was planned for this Friday (4 to 6 p.m.) and Saturday (10 a.m. to 2 p.m.).

However, the drive-thru Pie Sale/Pickup is still a go! To pick up or buy pies, enter between H.E. Turner & Co. funeral home (403 E. Main St.) and the church (405 E. Main St.). We will meet you at your vehicle.

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Also St. James Episcopal Community Women (ECW) is selling tickets for chicken BBQ dinners.

The meal includes a half chicken, coleslaw and potato. They are prepared by Alex's Place  -- and to be picked up by you -- at the Alex's Take Out, located at the side of the restaurant at 8322 Park Road in Batavia. What a great holiday gift!

Tickets are $11 and are valid for an order phoned into Alex's Place for nearly a year -- until Nov. 15, 2021.

For tickets, please call Carol at (585) 343-5177 or the church office (585) 343-6802, ext. 1.

Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway until 2 p.m. at its location at 5073 Clinton Street Road. There are also canned vegetables and hats available.

In the first 90 minutes of the giveaway this morning, people picked up more than 100 coats.

Photo: Walt Almeter, Darlene Almeter and Ariana Green are ready to hand out more coats today.

The City of Batavia Planning & Development Committee on Tuesday night saw no problem with a change in the location of an elevator that will lead to second-floor apartments of the Ellicott Place project.

V.J. Gautieri Constructors Inc., which is rehabilitating the Save-A-Lot building as part of the state’s Downtown Revitalization Initiative program, submitted a site plan review to the committee that modifies the previously approved design of the second floor by moving the elevator originally planned for the interior of the existing building to a location on the exterior wall of the north elevation.

Company President Victor Gautieri, in his submission to the committee, said the basis for the change was “to develop a more easily accessible, safe entry for the second-floor apartment tenants, wherein the travel distance and corridor turns to the first-floor elevator access point would both be reduced to a more desirable condition.”

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

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

The PDC also recommended that the City Zoning Board of Appeals approve an area variance request for internal illumination of the proposed Save-A-Lot signs – four signs that will feature the grocer’s new logo. Signs by John’s Studio has been contracted to create the signs.

The ZBA meeting is scheduled for 6 p.m. Thursday.

Press release: 

New Positives – As of 2 p.m.

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

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

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

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

Update: 5:15 p.m. Tuesday:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Genesee County Chamber of Commerce is pleased to announce the availability of a new Ellicott Trail Brochure Map.

“The Chamber has received numerous requests this year for a printed map of the new trail, so our office worked with Town of Batavia officials to make it available, in print and online, said Kelly Rapone of the Chamber. 

The 10-foot wide crushed stone multiuse recreational trail officially opened in July and has been created on 4.9 miles of old railroad beds, city streets, sidewalks, bike lanes and bridges.

The trail was a joint project involving the City of Batavia, the Town of Batavia and the New York State Department of Transportation and connects recreational, historical and residential areas and crosses the Tonawanda Creek.

“We are very happy with the public support that the trail has received,” said Town Councilman Chad Zambito. “I’ve heard many positive comments and our residents have really gotten out to take advantage of it.

"I’d like to personally thank all of those involved in its creation and thank the Chamber for promoting this community asset in a number of ways, including the website and new map.”

The brochure was designed by Matt Steinberg of Corfu’s Quackenstein Design and funded by area business sponsors, including Batavia Footcare Center, Bob Marchese, DDS, Licata Chiropractic & Wellness Center, Mancuso Commercial Realty and Tahoe Pines Wellness Center. 

Those interested in a printed brochure can pick up their free copy at the Chamber’s Visitor Center at 8276 Park Road, Batavia. The Visitor Center’s vestibule is open 24 hours for access to this and other area brochures.

It will also be available at the Town of Batavia office at 3833 W. Main Street Road, Batavia once it is reopened to the public. 

The brochure information is also available online at EllicottTrail.com.

Press release:

The Genesee County Health Department has received a positive COVID-19 test from an individual who was at The Harvester tavern in Batavia last week Nov. 8th through the 14th. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who were at The Harvester anytime last week to monitor their symptoms for 14 days. If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

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

For more information please visit: https://coronavirus.health.ny.gov/home.

The Harvester is a tavern located at 105 Harvester Ave., Batavia.

Press release:

Genesee County today announced the launch of its official Facebook page (facebook.com/geneseecony) and Twitter account (twitter.com/geneseecountyny). The digital social media tools will be used to regularly communicate with the citizens of the County.

As COVID-19 continues to impact the community, the County plans to utilize the pages to communicate important health and safety measures along with general news about the county. Content will be in the form of graphics, videos, news articles and more.

“Given how COVID-19 has impacted our community, we felt the time was right to launch these channels to easily connect with our residents with and get information from their local government in a timely manner,” said Genesee County Chair Shelley Stein.

“Not only do we want to communicate with our community about the pandemic, we also want to showcase the many things that make Genesee County a unique and special place to live, work and play.”

“Creating social media channels is another way for us to communicate to residents and taxpayers, our businesses and visitors to our community,” said Matt Landers, Genesee County manager and Budget officer. “It’s also important that we are streamlining information with other county departments, especially the health department that has its own social media channels. This will enhance the efficacy of our communications.”