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It was no accident that brought together a group of caring people at 50 Oak St., Batavia, on Saturday, said Pastor Vern Saile before blessing the new home of Terry Smith and his family.

"What strikes me is how many people came together to make this possible for you," Saile said. "I believe that God brought those people together for you. You know, the Bible says, 'Unless the Lord builds the house, its builders labor in vain.' I have no doubt that the Lord has built this house for you, Terry. And it's his love that started this project. It is his love that carried it through, and it is his love that will carry it forward."

Smith started the home acquisition process with Genesee County Habitat for Humanity nearly five years ago.  It meant a lot to him, he said, to provide a home for his children, one they can count on as permanent for the rest of their childhoods. 

The house was a tax-lien foreclosure by the City of Batavia that the city transferred to Habitat rather than put it up for auction.

"The ability of the City of Batavia to encourage rehabilitation of houses and promotion of single-family home ownership is enhanced by the strategy to move foreclosed properties into a program like Habitat for Humanity,"  said City Manager Rachael J. Tabelski. "The restoration of homes, and the ability to match families, who are ready to make the move to home ownership, and adds exponential value to neighborhoods, as opposed to auctioning the property into the rental market.”

Jaylene Smith-Kilner, executive director of Habitat, thanked a long list of people who made this home, Habitat's 26th build, possible, from government officials and agencies to small business owners and local volunteers and donors.

Smith said that effort that help was a  blessing and that he is excited for his kids.

He's watched Habitat, along with his own labor as part of the process, transform an old house into a beautiful home.

"Seeing the process from it being completely gutted to how it is now, it's just so crazy process," Smith said. "It's a crazy process, and they did a good job. I got mad love for all the Habitat family community."

Marianne Newmark, with USDA Rural Development, discussed how her agency assists potential Habitat for Humanity homeowners get the financing necessary to close on their house.

They help the homeowner secure low-interest, longer-term loans so they have affordable house payments.

"We love partnering with Habitat for that, and that Habitat takes these houses and makes them beautiful, and really renovates them to the point where the homeowners don't have to worry about, 'Oh no, I just bought this house, and I have to do so much work on top of my new mortgage payment,'" Newmark said. "They take a lot of that stress out of the way in the beginning."

If you’ve ever had health or safety concerns about certain aspects of your household, but didn’t know who to call, don’t worry: help is coming your way with the Healthy Neighborhoods Program. And there might even be some free goodies thrown in for participating.

That is, if you live in Wards Two or Five in the City of Batavia. Genesee County Health Department staff will be going door-to-door based on census tracts, and this year it’s those two wards, environmental health professional Karen Schmidt said during a recent presentation to City Council.

“The Healthy Neighborhoods program is a grant from the New York State Department of Health. It's a five-year grant and runs from 2020 to 2027. So we just started our second year … health department staff make home visits to people. It's for renters and homeowners, it doesn't matter. And our target area right now is the town and the city of Batavia. Our goal is 200 visits per year,” Schmidt said.

Staff goes door-to-door to survey certain potential health issues, such as smoking and asthma. If anyone in the home smokes or has asthma, “we have more information for those people,” she said. But it’s not all about one’s direct personal health, she said.

“We check for fire safety in the home, for working smoke detectors, windows and doors that are accessible in an emergency, that there’s not a lot of clutter that would prevent you from being able to leave,” she said. “We check for lead hazards in homes that were built before 1978 because that is the year that they banned lead from consumer paint. So for that, we look for deteriorated paint because it’s the dust or the particles that are the hazard.”

Mind you, this doesn’t take off from the initial visit from a stranger at the door. They typically leave a hanger packet of information and set up an appointment if the homeowner is interested in this health and safety review. It also includes indoor air quality, checking to see if anyone smokes inside, and if so, encouraging them to take it outside.

“And then just the general condition of the house, are there major roof leaks, plumbing leaks, are the floors, the stairs, the railings in good condition,” she said. “And we have a referral sheet that’s to agencies or providers of services that might be applicable. We don’t have the budget to do repairs ourselves, or we can try to refer them to community groups to help, and then we have the free supplies (top photo of smoke detector, fire extinguisher, radon test kit, first aid kit, cleaning supplies).”

For those with asthma, staff helps to educate them about potential triggers, the importance of talking to their doctor, when to take their meds, and what to take in an emergency to avoid a trip to the emergency room. Senior citizens may be referred to Office for the Aging to receive assistance for their particular needs, such as handrails or advice for family issues. Staff also can point people to food pantries, the community closet and other resources, she said.

The Batavian asked follow-up questions, and Schmidt and Public Information Officer Kaitlin Pettine gave the following responses.

Does staff give demonstrations of how to use wellness equipment?
“If possible, we want the equipment installed before we leave. We are working with the City of Batavia Fire Department to install smoke detectors going forward. We also make sure that carbon monoxide detectors are activated and discuss the proper placement. For fire extinguishers, we provide a brochure on usage and give brief instructions,” they said.

Why would they want to take a few minutes to listen?
“Most people could use a quick check of hazards to look for in their homes. It is better to be aware and plan for an emergency, than to be caught off guard.”

 What time period are you going out in Batavia?
"We do not have a set schedule for when we go out, and the time changes each week based on the weather, staff availability, etc. However, we try to go into the community several hours a week. We try to alternate between areas and time of day. As the weather gets better and we get into late spring and summer, we hope to spend more time going door-to-door. We also plan to attend community events to spread awareness about the program."

Will you be moving into other areas after the city? If so, where?
"This year, we are going door to door in census tracts 9507 (Ward 5) and 9508 (Ward 2) in the City of Batavia. However, any resident of the City or Town of Batavia is eligible for the program and we accept referrals at any time."  

Will you be distinguishable, so that people will know it's you and not a salesperson?
"When we go door-to-door, staff wear Genesee County Health Department badges and identify themselves as health department employees when someone opens the door,” they said. “If someone is hesitant, we encourage them to go to GOHealthNY.org to get some more information. There they can fill out a referral form online if they are interested in the program. Staff will then schedule an appointment that is at a convenient time for the resident.”

What's the overall message that you hope to convey to families?
"The Healthy Neighborhoods Program can make a difference by reducing housing related illness and injury through home inspections and prevention. Staff will identify problems that exist and refer residents to local agencies or programs when it is appropriate."

The Genesee County Health Department received $477,000 in funding from the New York State Department of Health (NYSDOH) to implement the Healthy Neighborhoods Program (HNP) for the years 2022 to 2027.

For more information or to make a referral to the program, call Genesee County HNP staff at 585-344-2580, Ext. 5519, or visit www.GOHealthNY.org.

Photo of free items given during home visits from GO HealthNY.

Press Release:

Assemblyman Steve Hawley (R, C - Batavia) was just one of the many Assembly members welcoming West Point cadets in the Assembly Chamber as Albany celebrated its annual West Point Day. Hawley, a staunch advocate for past, present and future members of the armed forces, was honored and glad to celebrate these cadets.

“New York’s history of service to the nation is unmatched, thanks in no small part to our excellent military academy in West Point,” Hawley said. “Like many of their predecessors, these cadets are some of the best and brightest our state and nation have to offer, and I was honored to welcome them to Albany and recognize their outstanding achievements. I want to wish these cadets well in their future endeavors and commit to working for their best interests as I work to do for all our men and women in uniform.”

Submitted Photo: West Point Cadets visit the State Assembly Chamber with Lt. General Steve Galland.

Press release:

Assemblyman Steve Hawley (R, C -Batavia) is disappointed with the proposed “conceptual budget” following a review of the proposals released by the governor’s office. The proposal, which has yet to be finalized for debate on the Assembly Floor, suggests a spending count of $229 billion, much of which goes to downstate-exclusive endeavors like spending on the Metropolitan Transportation Authority and free buses for New York City. Hawley is unsurprised upstate New York is once again forgotten come budget time.

“It’s, of course, disappointing, but it’s not surprising; the downstate majority always puts its needs before those of the entire state,” Hawley said. “The spending proposal is not just a lot, it’s egregious. It’s more than what either Texas or Florida spends despite both states having larger populations than New York. Whoever recommended this unsustainable spending calendar clearly does not know what New York needs to succeed.”

“The answers to stop our overspending problem and manage our state’s debts are straightforward, yet this majority party continues to ignore them. And as they do, they continue to drive people away from New York,” Hawley concluded.

During the downtown annual beer walk, an out-of-town participant won a gift card, which not only brought her back, but she had her whole family in tow. They shopped at Empire Hemp and booked a massage at The Spa at Artemis, promising to return for dinner and stop into Valle Jewelers to browse and hopefully purchase some of the shop’s dazzling items on display.

That is perhaps the epitome of what a Business Improvement District event is all about, and Executive Director Shanon Maute shared that visitor’s excitement of winning and exploring downtown Batavia during BID’s annual awards get-together Thursday evening.

“The events, and what they mean to our community — where do I start? Let’s start with the Wine Walk, Beer Walk and the newly added Cider Walk. These events may not seem that impactful, but on a typical walk, they get over 600 people downtown and into our businesses,” Maute said at Center Street Smokehouse. “We are not only getting locals, but we are seeing more and more people from out of town. The reactions we get from them are great. They tell us how much they love our downtown and had no idea that some of these businesses were here — sad but true. We do see a lot of repeat business from these walks.”

That one winning participant and her family, on their return trip, had lunch at one restaurant and dessert at another before shopping and getting a pampering treatment at Artemis, Maute said. They took advantage of much that downtown retailers and eateries had to offer, with no time left to even complete their to-do list during one visit.

“I call that a success!” Maute added.

That might make one wonder if locals look at downtown with similar fresh-eyed excitement of a visitor or take for granted those shopping and eating opportunities. Maute doesn't, and hopes to increase the attention drawn to inner-city offerings.

“I have not lost my excitement for our downtown and look forward to our upcoming events. The Board of Directors, the committees, and our volunteers have been amazing and have really supported my ideas, and I greatly appreciate each and every one of them,” Maute said. “The committee members have become my extended family, and I could not have done these events without them, so thank you.”

She announced the newly added event this year that will be coming up in about six weeks: the inaugural Cider Walk on June 17. Italian Fest and the Boxcar Derby are being tweaked to be "bigger and better than ever," doubling in size, she said.

Other events include:

• Friday night Jackson Square concerts resume on July 7
• Thursday concerts on July 13 and 20, August 10 and 17
• Italian Festival and a Classic Car Show is set for July 29
• BID Boxcar Derby on August 26
• Scarecrow Contest in September
• Wine Walk on October 7
• Shop Local in November
• Christmas in the City December 2
• Febrewary Beer Walk has been slated for February 24

Maute then presented awards to the Volunteer of the Year, Lauren Becht, for being “one of the nicest, most positive people I have met” and for serving on every committee, always being available and willing to help out — whether it’s racing Maute down a hill in a Big Wheel to test the hill before the Box Car Derby or stuff her car full of pumpkins for the Paint Your Pumpkins Pink breast cancer campaign — Becht was there.

“And she does it all with a smile,” Maute said. “I know I can always count on her for anything.”

Next up was Business of the Year, and that went to Judy Hysek for her vegan restaurant that began as an incubator trial inside of Eli Fish Brewery on Main Street. The concept and place — Eden Cafe and Bake Shop — grew and became popular enough to move out on its own, which it did nearly a year ago.

The site has its own brick-and-mortar location at 242 Ellicott St., and Maute is “very happy to say this was a success story” that she could announce.

“The award for Business of the Year is actually a business that I am very proud of and have personally been there since the beginning and watched them grow,” Maute said. “I highly recommend stopping in. Tell them Shannon sent you; it won’t get you anything. I just think it would be funny.”

BID's goals include continuing to cross-promote each other’s businesses; create relationships amongst all BID businesses; increase their online presence; target events toward the “next generation to bring vitality back to downtown.”

The BID is made up of board officers Derek Geib as president, John Roche, vice president, Glenn Liucci, treasurer, Kourtney Kunichika, secretary; and members Rachael Tabelski, city manager, Peter Casey, Ken Mistler, Patti Pacino, Marty Macdonald, Carrie Lawrence, Shelly Wolanske, Peter Hunt, Lauren Becht, Patrick Burk, Cregg Paul and Sara Tenney.

Top Photo of people mingling during the annual BID awards get-together Thursday at Center Street Smoke House in Batavia, by Howard Owens; Volunteer of the Year Lauren Becht and BID Executive Director Shannon Maute, and Business of the Year Eden Cafe and Bake Shop, left, Thomas Shaw, line cook, Shannon Maute, owner Judy Hysek, and chef manager Nicole DellaPenna; and the unofficial Best Dressed Award went to My Cut Barbershop, presented to owner Zach Watts. seen also with Victor Thomas, Connor Hyde-Hamilton and Ray Williams; and no ID available for the speaker, all courtesy of BID. Live musical duo entertains during the evening, by Howard Owens. 

Local New York State politicians are speaking out against a report that Democratic legislators and Gov. Kathy Hochul are considering changes to the structure of the board of directors of Western Regional Off-Track Betting Corp.

Congresswoman Claudia Tenney, Sen. George Borrello and Assemblyman Stephen Hawley, all Republicans, issued statements Thursday and today, indicating their opposition to what they believe is a proposal to eliminate individual counties’ authority to select WROTB directors.

Press release from Tenney:

“For 50 years, Western Regional Off Track Betting has shared operational control between 15 county governments and the Cities of Rochester and Buffalo. Under this established system, Western Regional OTB has brought jobs, tax revenue, and entertainment to Western New York. Over the past two years, Western OTB returned over $13.9 million to offset local county taxes across Western New York,

“County leaders throughout New York’s 24^th district have reached out concerned about efforts to dismantle, politicize, and disadvantage rural communities within Western Regional OTB. When ‘Home Rule’ created the ownership of Western Regional OTB, member counties were given equal representation. NYS Senate Bill 7855 would strip rural counties of their 50-year established authority of this public-private sector partnership in favor of Governor Hochul and left-wing legislators in Albany.

“I stand with local leaders across the district in calling on Kathy Hochul to drop this misguided plan. It should be dead on arrival during budget negotiations in the Albany sewer. With a budget that is nearly four weeks late, a crime surge, and historic mass outmigration, Albany Democrats should leave Western OTB alone and focus on the real problems facing New Yorkers.”

Press release from Borrello:

“Although they already control the major levers of power in Albany, that hasn’t stopped Democrat One-Party Rule for brazenly and continually hunting for more opportunities to conquer and silence those outside their control. Their latest power grab targets Western Regional Off-Track Betting which has operated for five decades under a model of shared operational control between 15 county governments and the Cities of Rochester and Buffalo.

"However, changes under consideration right now would eliminate this cooperative structure of the past 50 years and replace it with a politicized board that would do Albany’s bidding. The voices of our rural counties would be silenced and the jobs and revenue they depend on put at risk.

"I am fiercely opposed to this last-minute attempt to slide this controversial proposal into the budget as the final details come together. It is another shameful attempt at rigging the system for political purposes and should be rejected.”

Statement from Hawley:

Hawley called the proposal "a power grab trying to diminish the influence of smaller, less populated counties."

"It's called Western New York OTB, not Erie County OTB," he said, responding to a text message from The Batavian. "This is similar to what Western New York complains about in the State Legislature. Excessive control by New York City. Shameful and wrong."

WROTB President/Chief Executive Officer Henry Wojtaszek, contacted today, said he and Board Chair Richard Bianchi are monitoring the situation.

“We are waiting to find out what the actual language of the proposed legislation is before making an official statement,” Wojtaszek said.

Currently, the individuals serving on WROTB’s 17-member board, which represents its 17-member municipalities, are appointed by their county or city (Buffalo and Rochester) legislative bodies.

Press Release:

Assemblyman Steve Hawley (R , C-Batavia) is disappointed that the Assembly Majority has moved to block his legislation, A.2062, from passing in the Assembly chamber. The bill would have eliminated the registration fee for Gold Star Mothers and Gold Star Family Members for their distinctive license plates. Gold Star Family Members are families of veterans that served in the military and made the ultimate sacrifice, and Hawley has always been an ardent supporter of showing those families the respect they deserve.

“It’s really disappointing and frustrating that the Assembly Majority cannot vote on something that would go such a long way for families who deserve our support,” Hawley said. “The blocking of this bill tells me that despite whatever the Majority may say in regard to supporting our families of veterans, they don’t really care when it comes to meaningful action.”

The blocking of this bill recalls an issue several years ago that Hawley also championed, which was the granting of free college tuition to Gold Star Family members that also faced questionable pushback from the Assembly Majority. Hawley believes New York can do better for its Gold Star families.

“There’s not much to say other than it’s another example of New York failing to show up for those who showed up for New York. It suggests our state government needs a real re-evaluation of values and character,” Hawley concluded.

Photo: File photo by Howard Owens.

An open house and special celebration at Liberty Pumps Thursday meant as much to employee Dylan Mackey as it did for any of the top brass speaking on stage in the newly debuted Link Building.

Mackey, 27, has been with the company since 2013, going from part-time in fabrication, earning his degree at Genesee Community College and eventually moving into a full-time information technology position as supervisor.

He is one of the 330 people who not only work at the Bergen company but claim part ownership in it as well. Liberty Pumps is family and employee-owned.

The announcement of another expansion — an 80,000-square-foot warehouse and 30,000-square-foot Link Building — was good news for everyone, Mackey said.

“Working at Liberty Pumps is wonderful. Everybody is very kind. There's no arguments in the workplace. Everybody knows we're all on the same team. We're all doing the same thing,” he said. “Tonight … it’s definitely a celebration for sure.”

Employees watched a video about the company’s growth along with an audience of several hundred visitors and local officials. Mackey said that not everything goes smoothly with each attempt, but seeing this expansion “and seeing the changes made to it and seeing the new parts of the company added into that, it’s a sense of pride, right?”

“It's a hey, I'm part of that, there's a ton of us that are a part of that,” he said. “That's really what it is.”

This is the third expansion for Liberty, located at 7000 Apple Tree Ave., Bergen. The last one was in 2016, when it “literally felt like we had a sea of space that was going to meet our needs for a very long time,” President and CEO Robyn Brookhart said.

“But as we introduced new products and expanded existing lines, and have been ultra fortunate to experience steady and solid growth, our building was busting at the seams,” she said. “So the building expansion team was assembled, and the planning began. And here we are 18 months later in this beautiful and seemingly enormous new space.”

The cavernous Link Building temporarily featured tables and chairs for guests, a photo booth, serving stations for beverages and hors d’oeuvres and a stage for the speakers and musical entertainment. Other open house activities included a self-guided tour with a map and QR codes to learn more about several areas, such as accounting, the cafeteria, customer support, product engineering, a fitness center, machine shop, purchasing, sales and marketing, shipping and technical customer support.

A few guests were late to the special presentation, and staff member Jenna graciously seated them in a golf cart to zip them through the spacious plant, zig-zagging left and right down lanes, to party central — the Link Building.

Genesee County Economic Development Center was given a nod for having been involved in the early inception days of Liberty Pumps, and CEO Steve Hyde asked, “where would you rather be but right here right now, celebrating your guys' collective success?”

“This has just been a great story. I’ve been working with (Board Chairman Charlie Cook) now, and our paths have connected in so many ways. He was the chairman of the GCEDC board for a few years and did a great job. I worked with him on the Regional Economic Development Councils, and we’re nothing but thrilled to be a small part of participating in their ongoing growth,” Hyde said. “And you see a company like Liberty Pumps just growing like they have. I’ve been in this position 20 years now, and I’ve been here for three of those major expansions. When I got the role Charlie, you just finished your first 60,000 square feet. And now look at it today. You’re five times bigger … six times larger employment than back in 2003.”

When the company broke ground for the project, the employee total was at 300, with an expected 30 more to be added. At that time, Cook said it will “relieve congestion in our current structure and free up much-needed manufacturing space for large pump systems. That’s become a significant part of our business, and we’re pleased to better support our customers with this addition.”

Since opening in 1965, Liberty Pumps has become a leading manufacturer of sump, effluent, and sewage pumps and systems for residential, commercial, municipal, and industrial applications.

The 185-acre business park developed by the GCEDC has approximately 350,000 square feet of facilities at Apple Tree Acres.

“Your success is going to continue to roll, and we look forward to being there for you the next time you're ready to expand,” Hyde said. “Thank you, Robyn. Thank you, Charlie. Thank you, team. We're thrilled to be here tonight.”

Genesee County Legislators Christian Yunker, Shelley Stein and Gregg Torrey attended the event. Torrey took a tour of the massive facility and saw nothing but positives everywhere.

“It just means a tremendous amount for just the jobs it creates. It’s a homegrown company that’s created 350, 330 jobs. It's amazing. And I see all these employees here at this event, and it’s like 600 people here for this cutting edge facility, and they’re on a continual path to increase the square foot and growing the company, it’s just a great local story for Genesee County,” he said. “It’s really impressive. Everything is state of the art. It’s probably the cleanest manufacturing facility I’ve ever seen, it’s just beautiful.”

Top Photo: President and CEO Robyn Brookhart welcomes guests and announces the expansion project during an open house at Liberty PumpsThursday evening; guests tour the facility in Bergen, watch demonstrations, and enjoy refreshments, and live musical entertainment. Photos by Howard Owens.

There was a polka party featuring the Jimmy Sturr Orchestra at Batavia Downs Thursday night while WBBZ taped four segments of the station's weekly show, Polka Buzz, for broadcast in May.

Sturr has won 18 Grammys for his polka albums and is the undisputed King of Polka.  

Previously: Jimmy Sturr coming to Batavia to spread the love for Polka

Photos by Howard Owens.

Besides playing with Jimmy Sturr, Chris Caffery's other gig as lead guitarist for the Trans-Siberian Orchestra.

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Joyce and Bob Spamer fell in love with the soulful sounds of southern gospel music over a decade ago. In an effort to share that love with others, they embarked on booking concerts for their fellow Western New Yorkers.

Through their foundation, Southern Gospel New York, the Spamers seek out Southern gospel talent from all over the South and invite them north for concerts.

Now, the pair is hosting a concert featuring the hometown southern gospel band, the Needhams.

With over two decades under their belts touring and singing together, the Needhams will return to their hometown of Batavia to perform a homecoming concert.

The band has written and recorded seven albums, including their latest: "Legacy."

This album features 10 new songs and commemorates the group's 25th anniversary.

The Needhams is a family band. Formed by Sr. David Needham, the band is comprised of Dave Needham (his son), Diane Needham (his daughter), and her husband Steve Mummert.

Being big fans of the storytelling and talent of the band, the Spamers wanted to ensure that the Needhams felt loved and honored by their hometown.

“We wanted to make it big this year because they’re celebrating their anniversary in singing. The dad, Dave Sr. has been singing for 60 years, he started the Needhams,” Joyce Spamer said. “It’s encouraging. They need the encouragement to know that people are excited about what they do. They are putting us on the map.”

The family gravitated to gospel, Bob Spamer said, and to music's personal meanings.

“We’ve always loved gospel music. There’s a message in the music,” Spamer said. “These gospel songs tell a story. A lot of people write from the experiences they’ve had.”

All who wish to attend the event on May 26 are invited to go to Batavia First Methodist Church at 8221 Lewiston Road, Batavia. The concert begins at 7 p.m. No tickets are required, however, a love offering will be taken to help support the ministry of the Needhams.

Submitted photo

Just a few months removed from what Western Regional Off-Track Betting Corp. officials reported as a record year for revenue, signs are pointing toward even greater earnings for Batavia Downs Gaming in 2023.

“We experienced a record 2022 and now the first quarter of 2023 is up 16 percent in what we distribute (to member municipalities),” WROTB President Henry Wojtaszek said following this morning’s board of directors meeting at the Park Road facility. “It’s the highest net win by more than a half a million for the corporation, so it’s really been a blockbuster first three months of the year for us.”

Jacquelyne Leach, the corporation’s chief financial officer, provided a report to The Batavian that shows that distribution of surcharge and earnings to the 17 participating municipalities for the first quarter of 2023 compared to the same time period in 2022.

The numbers indicate that $2,269,956 in surcharge and earnings was generated this year compared to $1,956,149 in the first quarter of last year.

Genesee County’s share increased by 18 percent – from $42,002 to $49,664.

Leach also pointed out that the "net win" for March was the corporation's highest ever, $7.7 million. "Net win" is defined as credits played in the machines less credits won, she said.

Wojtaszek said Batavia Downs Gaming is bucking the trend in the gaming industry, citing information shared at a recent conference in Atlantic City.

“We heard that while the industry is doing pretty well as a whole, the indication is that the brick-and-mortar part of the casino (business) isn’t necessarily up, depending where you are, geographically,” he said. “But we’re clearly a brick-and-mortar operation and we’re clearly having a banner year. Our numbers are definitely up.”

He said he is optimistic that 2023 will exceed last year’s figures.

“(The first quarter) is usually the slow season. We’ve experienced no slowdown and now we’re coming into the busy part – with the Triple Crown, the concerts and many other events that we have here. So, we’re looking forward to a great 2023.”

On another front, Wojtaszek said a committee looking into the possibility of expanding The Hotel at Batavia Downs met on Wednesday and is leaning toward recommending the expenditure of up to $100,000 for a feasibility study and architect’s rendering.

“We’re going to be careful in our analysis of it and spending any money, but in order to figure out whether or not the expansion of the hotel is warranted, we’re most likely going to have an architect give us some drawings and have a market study done as to the return on the investment … if we do expand,” he said.

Following last month’s meeting, Wojtaszek mentioned the possibility of adding 42 rooms to the 84-room facility, but today he backtracked a bit.

“We discussed it yesterday and decided not to sit on a number at this point,” he said.

He pointed out that the hotel has been very busy and sold out on many nights, but wasn’t sure if “we’ve hit that tipping point to necessitate additional rooms.”

Wojtaszek also noted that an expansion would enhance the ease of guests’ entrance into the hotel.

“We want to make sure we have a safe drop-off area and convenient drop-off area for people,” he said. “Now, it’s a difficult situation relative to the drop-off and entrance to the hotel. We’ve acknowledged that and we’re trying to give a better experience to the guests arriving at the hotel.”

He did say that Downs’ officials will address the drop-off situation regardless of the decision on expansion.

Press Release:

Richmond Memorial Library’s Annual Trustee Election will be held in the Library’s Gallery Room on Thursday, May 4  from 9 a.m. - 9 p.m. Any registered voter residing in the Batavia City School District is eligible to vote. There will only be a Trustee Election this year (not a Budget Vote), since an increase in the library budget is not being requested.

Mr. Richard Beatty is the sole candidate running unopposed for the seat. The term is for 3 years and runs from July 2023 through June 2026. Richard was born and raised on the west coast of Florida before setting off on a life and career path that eventually brought him to Batavia. Since the summer of 2000, Richard and RaeAnn Engler have called Summit Street home. Richard is active in the community volunteering for the Holland Land Company, the Batavia Community Garden, GO ART! and as a member of the Books Sandwiched In committee. He has been a docent at Buffalo’s Frank Lloyd Wright masterpiece, the Darwin Martin House since 2004. Most every morning of the week you will find him at Pub Hub Coffee sorting out the world’s troubles with whomever may be there.

A motor vehicle accident with injuries and blocking is reported in the area of 4063 West Main Street Road, Batavia.

Town of Batavia Fire, along with Mercy EMS dispatched.

UPDATE 10:11 a.m.: A first responder reports that the road is not blocked. Both vehicles have pulled into a business's parking lot.

UPDATE 10:12 a.m.: Two patients, one ambulance sufficient, hold the assignment to Rescue 20.

Only one person spoke during a public hearing about Genesee County’s Agricultural District 1 Wednesday, and it was the organizer of the hearing, Director of the county Planning Department Felipe Oltramari.

He explained the process and importance to conduct reviews and hearings for Ag Districts, which occur every eight years for each of four different districts.

“It’s a very well-known program, it's been around since the 70s. It benefits the farmers and gives them the right to farm protections from the state. So it's a voluntary program that landowners enter into, and we administer. It's an eight-year term that they have to agree to, so this is their one chance to move their property in or out of the district," he said after the hearing and county Legislature meeting. “It’s fairly common for there not to be any speakers because it's not very controversial and protects the farmland, protects the farmers from being able to do the things that farmers need to do without fear of lawsuits and things … it's mostly protection from nuisance lawsuits or from regulations that a town government may place upon them that wouldn't allow them to continue their operations.”

The public hearing was about the review and modifications “for the folks who have asked to be removed and the folks that have asked to be put back in,” he said.

District 1 includes the towns of Alexander, Batavia, Bethany, Darien, Pembroke and Stafford. There are 69,193.97 total acres, and of those, 17,119.86 are owned by farmers, and 7,514.13 are rented by farmers. Since the last review, 1,507.13 acres have been added and 414.82 removed.

Oltramari asked the Legislature to adopt a resolution stating that the public hearing was conducted and the ag district review “has been determined to have no significant effect on the environment after preparing and evaluating a Short Environmental Assessment Form (EAF), and "WHEREAS, the Committee on Public Service does concur with the recommendation of the Agricultural and Farmland Protection Board. Now, therefore, be it RESOLVED, that the Genesee County Legislature does hereby approve of the adoption of the proposal for the continuation and modifications of Agricultural District No. 1 in the Towns of Alexander, Batavia, Bethany, Darien, Pembroke, and Stafford as recommended by the Agricultural and Farmland Protection Board for a period of eight years."

District Review Worksheets were mailed to the 1,200 landowners listed under District 1 on January 22, 2023, allowing them to make modifications to their land’s status and requesting information about their operation, Oltramari said in the county planning report

Owners responded to the mailed worksheets by either returning the included paper form, completing a web-accessible form, or calling the Planning Office. Of the 1,200 worksheets sent, 49.5 percent (596) were returned or had a response recorded.

Returned worksheets account for 64.6 percent of the parcels and 68.3 percent of the acreage. The return rate was higher than the 2015 review, which had a return rate of 40.2 percent, he said.

Altogether, farms account for 39,507 acres (58 percent) of the District. This data analysis is incomplete, however, as the calculations include only a partial estimate of the data attributable to the 50.5 percent of the landowners who did not respond to the mailing.

As a result of the review, 48 properties consisting of 1,440 acres were added to the District, and 220 properties totaling 2,589 acres were removed from the District. These modifications account for a net loss of 1,149 acres or a change of -1.7 percent, the report stated

In accordance with the Department of Planning’s process to revise the Agricultural Districts, properties of less than 2.5 acres without apparent farm-related activities and large-scale non-farm-related commercial properties received a targeted mailing which specified that if they did not respond, the parcel would be removed from the Agricultural District.

As part of this process, 144 targeted mailings were sent out, and 103 parcels totaling 124 acres were removed due to no response being received. These removals account for 4.8 percent of the acreage removed from the District.

Smart Growth, Farmland, Comprehensive Plans
The County has adopted a Smart Growth Plan, an Agricultural and Farmland Protection Plan, and a Comprehensive Plan. The renewal of Agricultural District No. 1 “will be in harmony with the long-term goals of agricultural protection and the economic growth strategies contained within these plans.” The benefits and protections afforded farm operators enrolled in the Agricultural District program help to meet the long-term goals of these plans and are integral to their strategies.

Genesee County’s Agricultural and Farmland Protection Plan (adopted in 2001 and updated in 2017) prescribes a plan of action to boost the economics of local farming. At its core are a series of land use and economic incentives designed to address the bottom line of farm operations. The benefits of the Agricultural District program help to achieve these goals as an incentive to keep lands in agricultural production, the plan states.

The Plan’s second recommendation is to “reaffirm the importance of existing agricultural districts, especially with regard to water and sewer extensions.” The 2017 update found that “Extension of water and sewer infrastructure has been effectively controlled through the County’s Smart Growth Plan, which, as noted above, respects the importance of Agricultural Districts. Recognizing the impacts of extended infrastructure into Agricultural Districts, "the Genesee County Legislature adopted the Smart Growth Plan in May of 2001 to prevent new waterlines from encouraging the development of prime agricultural areas in the County," it states.

What does the renewal of ag districts mean for the county? It gives a boost by "maintaining a financial incentive to keep prime agricultural land in agriculture," the report states. 

Local Comprehensive Plans
All of the Towns with lands in Agricultural District No. 1 have adopted Comprehensive Plans. According to the planning report, the adopted plans indicate "a strong desire in these communities to preserve and protect agricultural lands and their rural character." These local plans include:

• The Town of Alexander’s Comprehensive Plan (adopted in 2003) indicates a strong desire to preserve and protect agricultural lands and their rural character.
• The Town of Batavia’s Comprehensive Plan (adopted in 2017) supports agricultural land uses by stating goals to “promote the continued economic viability of agriculture,” “preserve a large, contiguous area of high-quality farmland to ensure a viable land base for continued agricultural production in the Town,” and “reduce the potential for conflict between farmers and non-farming neighbors.”
• The Town of Bethany’s Comprehensive Plan (adopted in 1997 and amended in 2007) indicates that “many residents support the preservation of viable agricultural activity.” The Plan encourages the “development of new agricultural related businesses” and states that “Residential and other developed land uses should be appropriately sited so as to minimize potential conflicts with agricultural activities.”
• The Town of Darien’s Comprehensive Plan (adopted in 2005) states a goal to “Provide for the protection of farmland for agriculture as an important environmental, economic, and aesthetic component of the community, and consider the impacts on agriculture in all actions of the Town.”
• The Town of Pembroke’s Comprehensive Plan (adopted in 2007) provides an objective “to ensure that agricultural land in the Town is protected and remains a viable economic opportunity,” and the Town lists these as action items: “Utilize cluster development and planned unit development practices in rural areas, implement existing land uses ratios to restrict the subdivision of land in viable agricultural areas, and study and inform agricultural Businessmen/ Landowners about the benefits of land trust easements to preserve agricultural land.” The future land use map within the plan identifies the majority of the land in Agricultural District No. 1 as Agricultural and Agricultural/Residential.
• The Town of Stafford’s Comprehensive Plan (adopted in 2007 and revised in 2009) states as a goal to “Support and protect agricultural lands” and “recognize the importance of farming to the character, economy, and spirit of the Town.” The Plan recommends the Town consider “adopting a local ‘right to farm’ law.

The Town of Batavia is the only municipality with lands in Agricultural District No. 1 that has a locally adopted and State certified Agricultural and Farmland Protection Plan. The Plan, adopted in 2010, identifies one of its actions to create an Agriculture Production Zone, stating, “The Town should establish a zoning district that establishes agriculture as a priority use and limits the extent of non-agriculture development.”

Agricultural District No. 1 has met its intended goal, the report summarizes, and in conjunction with the other three Agricultural Districts in Genesee County, it has formed the foundation for the County’s future actions toward agricultural protection and enhancement.

Top file photo of Felipe Oltramari, by Joanne Beck, and image above provided by Felipe Oltramari as part of the Planning Department report.

The Town of Darien Republican Committee invites graduating seniors that live in the Town of Darien to apply for a scholarship of $1,000.

"This is a unique opportunity because they can be enrolled in college, trade school or the armed forces," a committee member said. 

There will be two scholarships available, and seniors are asked to complete the scholarship form provided HERE. 

Press Release:

The Holland Land Office Museum is proud to announce the next edition of our Guest Speaker Series on Wednesday, May 10th at 6:30 p.m. We welcome back Derrick Pratt of the Erie Canal Museum in Syracuse. His presentation, "Buffalo v. Black Rock: The Western Terminus" details the debate that ranged over which community would be home to the western end of the Erie Canal, Buffalo or its close neighbor Black Rock. Admission is $5 or $3 for museum members. Please contact the museum at 585-343-4727or hollandlandoffice@gmail.com if you plan to attend. "This project is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council of the Arts with the support of the office of the Governor and New York State Legislature and administered by GO ART!"

The Holland Land Office Museum is proud to announce the next edition of our Trivia Night @ the Museum on Thursday, May 11 at 7 p.m. This month's topic is Sherlock Holmes and his creator author Sir Arthur Conan Doyle. This trivia night will be held at at GO ART! located at 201 E. Main St. in Batavia. Tavern 2.0 will also be open if you would like buy a drink. Admission is $5 or $3 for museum members. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend. The Holland Land Office Museum is proud to announce the next edition of our Concert Series on Thursday, May 19th at 7 p.m. We welcome Don Dwyer, musician, singer and songwriter from Buffalo, who specializes in music and stories of the Civil War. Admission is $5 or $4 for museum members. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend. "This project is made possible with funds from the Statewide Community Regrant Program, a regrant program of the New York State Council of the Arts with the support of the office of the Governor and New York State Legislature and administered by GO ART!"

The Holland Land Office Museum is proud to announce the next edition of our Java with Joe E. series. This month's program will be in the afternoon on Thursday, May 25th at 2 p.m. This month's presenter is former Batavia resident and now local author David Reilly. David will be sharing stories from his childhood growing up in Batavia in the 1950s and 1960s, which are is his new book "Small Town Talk: Growing Up in Batavia, New York in the 1950s & 1960s." Copies of the book will be available. Admission is free, and don't worry coffee and donuts will still be provided. Please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com if you plan to attend.

Submitted information and photos.

The Genesee SnoPackers Snowmobile Club was named Snowmobile Club of the Year at the annual meeting of the New York State Snowmobile Association last weekend in Lake Placid.

The Oakfield-based club, which provides support, educational classes, and camaraderie to local snowmobilers while also grooming trails in the county, was recognized both for its Bikini Rally as well as the club's efforts to help rescue stranded motorists during Winter Storm Elliott.

The state association represents 258 clubs.

Bucks Motor Sports of Akron was recognized as the dealership of the year. 

 

Press Release:

The Genesee Valley Council on the Arts invites you to our Annual Round and Square Dance on Saturday, May 6th from 7-10 p.m. The dance will be held at York Central School elementary gym, 2578 Genesee St., Retsof. Music and calling will be provided by Kelly’s Old Timers and members of the Geneseo String Band led by SUNY Geneseo Professor Jim Kimball. Admission is $5 Adults, $3 Spectators, 18 & under free - all ages are welcome at this family-friendly event.

If you’ve never been to a square dance, you can come early at 6:30 p.m. and learn the basic steps. No special clothing or prior knowledge is required - beyond knowing one’s left from one’s right! The dance is truly a fun evening for all ages, and a great opportunity to enjoy a longtime local tradition. Refreshments will be available.

We welcome a new caller to the dance this year, local musician Elise Kelly. Elise has received a 2023 Apprenticeship grant in square dance calling from the New York State Council on the Arts, administered by the Arts Council for Wyoming County.  Folk and Traditional Arts Apprenticeships comprise an area of support from the Council, where individuals can devote dedicated time to study with master folk artists from their own community. As described in the guidelines, “Folk arts traditionally are transmitted from elders to younger generations in the same distinctive ethnic, regional, occupational, or religious community. Where the chain of transmission is no longer as strong as it once was, apprenticeships can stimulate the continuity of these traditional arts.”

The Kelly family of Perry Center has long been a part of the regional music scene, providing music for dances, concerts, parties, anniversaries, and countless other public and private events for four generations. Kelly’s Old Timers was formed in 1950 by “Woody” Kelly (accordion and calling) and brother, Roger Kelly (guitar), and has been performing continuously for nearly 75 years. The band currently includes Doug Kelly (bass and calling), Eric Kelly (keyboards and vocals), Elise Kelly (bass), Guy Macaluso (trumpet and guitar), and Tom Kwiecien (drums).

Elise will study with both Doug and Eric throughout the year, gradually adding to her repertory of dances, with the goal of learning enough calls to supply an entire evening of dancing. She is getting “real time” practice at this and other dances, and a celebratory event will take place in the fall. 

Elise is excited to continue as the fifth generation of her family in this community tradition, feeling that “it’s the perfect time to pick it up.” With degrees in Music and Education, she loves the idea of incorporating simple instruction into dances, to help teach and show the moves. As an educator for special needs preschool children, she sees many connections with nonverbal and imitative learning that is important for that population, as well as for many age groups and abilities. Elise is looking forward to building more connections with younger generations through groups like 4-H, schools, and scouting, and utilizing social media to promote dancing and dance events. 

Also a long-standing ensemble in the valley, the Geneseo String Band was formed in 1976 at SUNY Geneseo by Jim Kimball, playing traditional American fiddle, dance and vocal music.  For more than 40 years the student group (and some alumni and townspeople) has played for countless on and off-campus events, performing for receptions, clubs, dances, concerts, local churches, historical societies, camps and schools.  Much of their music comes from the Genesee Valley region, documented and recorded from old time players by Jim Kimball.  Many of Kimball’s recordings have been recently digitized and can be viewed and heard at https://knightscholar.geneseo.edu/kimball. 

This event is made possible by the New York State Council on the Arts with the support of the Office of the Governor and the NYS Legislature. 

Top photo: Dancers at York Central School, 2016. Photos by Karen Canning.

Dancers at York Central School, 2013. 

Elise and Doug Kelly, June 2022. 

Members of the Rochester-based Strength in Numbers nonprofit have scheduled a Youth Suicide Prevention Event from 3 p.m. to 7 p.m. on July 9 at Batavia Downs.
The theme: “You Are Not Alone.”

The evening will feature dinner and drinks, a silent auction, merchandise sales, and a motorcycle run. Ticket holders will receive Batavia Downs Casino Game Play Credit. Musician Joel Russlett is scheduled to perform.

If you want to participate, then you must act fast. 

Organizer Dan Clor said the event can only accommodate 200 guests. Tickets are $100 per person. People who wish to attend must email Clor at DanClor@strengthinnumbersorg.org

According to the Maryland-based Walden University, suicide is the third leading cause of death for people between the ages of 10 to 24 and takes 4,600 lives annually. 
Clor cited school bullying and sexual abuse as only some of the reasons why young people feel distraught and take their own lives.

“Generations in the past, if there was bullying at school, young people could go in their rooms or play in their backyards or be around their neighborhoods. But social media basically puts all of that on blast at a worldwide level. Young people are so connected all the time. Social media has added to the challenges,” Clor said. “Kids are disconnecting more. They are putting headsets on and playing in their rooms. There is that communication from human to human without devices [that they are not getting].”

Members of the riding group Bikers Against Child Abuse (B.A.C.A) and the American Foundation for Suicide Prevention (ASFP) are scheduled to speak. 

Clor said the July 9 event will highlight Strength in Numbers’ Youth Mentorship Program. 

“The mentorships we have are creative avenues for these kids to have a healthy outlet through their struggles,” Clor said, adding the program includes fitness and martial arts training.

“On the flip side of that, we also have music and art outlets, yoga, that kind of thing.” 

The July 9 event will also honor the lives of Madeline Bartz and Makenna Dadey, who are no longer with us, said organizer Sara Betz.  

“Madeline was the type of girl who, if she saw you upset, she would do everything she could to make you happy. She was a cheerleader, outgoing, a dancer and loved to play music,” Betz said. 

“Makenna was into music, drawing, volleyball, and she also sang.”

Clor said he and his colleagues have held Youth Suicide Prevention Awareness gatherings in Los Angeles, Las Vegas, San Antonio, Austin, Nashville, Washington, D.C., Boston, and Philadelphia. They will organize similar events elsewhere throughout the country and even internationally. 

“We are looking to build new relationships and move this initiative forward at a much larger scale,” Clor said.

For more information, visit https://strengthinnumbersorg.org

Submitted photo.

Ask the people -- police officers -- who deal every day with crime victims, and those accused of committing the crimes, and New York's landmark 2019 bail reform law just isn't working.

It isn't working for victims, because they either get re-victimized, or there are new people victimized because accused criminals are free sooner to commit new crimes, or victims simply decline to press charges because they know the accused person will just be issued an appearance ticket.

And it has also failed the people it was supposedly designed to help: criminal defendants.

Those accused of a crime are now more frequently set free to commit new crimes and dig themselves into a deeper hole, or they don't appear before a judge or go to jail where they are afforded the opportunity they need to enter substance abuse programs.

"The joke is (among officers), it's like fishing. It's 'catch and release,'" said Batavia PD Det. James Defreze.

Chief Shawn Heubusch added, "It is catch and release, and they understand, the officers understand, what the laws are, and we're here to enforce the laws. But the laws are not helping our citizens. At least this particular law is not helping our citizens. It's not helping the community at large."

The Batavian spoke with Heubusch, Defreze, and Sgt. Christopher "CJ" Lindsay this week about the impact of bail reform on the department and the community after a series of press releases from Batavia PD about individuals who have been arrested multiple times on warrants for failure to appear for various minor offenses.

In press releases about arrests, Batavia PD has recently been highlighting criminal defendants who get are repeatedly arrested on failure-to-appear warrants three, four, or five times.  Unfortunately, there isn't clear data that judges are issuing, in the aggregate, more warrants, because, by policy, the department no longer seeks warrants on unpaid parking tickets, and with the legalization of cannabis possession, there are fewer marijuana-related arrests. That means there is no way to make a meaningful comparison from one year to the next of the total number of warrants.

The Why of Bail Reform
The path to bail reform in New York perhaps began in 2015 with the death of Kalief Browder. Browder had been held in Rikers Island on cash bail of $3,000 after being accused of stealing a backpack.  Browder said he was subjected to mental and physical abuse. His charges were dropped after three years of pre-trial condiment for lack of evidence. Upon his release, he committed suicide.

Advocates for bail reform said confining poor people, who can rarely make bail, on charges without conviction was a violation, at least in spirit, of due process. Advocates pointed to statistics that poor blacks, especially in the state's cities, were more likely to be held on bail, than white defendants. 

In 2018, in his State of the State speech, Gov. Andrew Cuomo picked up the cause of bail reform.  

"Let's be painfully honest: The truth is that our Lady Justice is still not colorblind, and her scales are still not balanced," Cuomo said. "Our bail system is biased against the poor. Too many jails are cruel and inhumane, and our court system is too slow."

Bail reform was approved by the State Legislature in 2019 and was meant to reduce incarceration by limiting the need for defendants to come up with money to pay for their liberty. The new law mandated pretrial release for the majority of nonviolent charges and required that judges consider a person’s ability to come up with the cash to pay bail or security to post bond.

On low-level, non-violent charges, officers must issue appearance tickets rather than hold the suspect for arraignment (where, in most cases, they would have been released under the old system). When suspects are arraigned, judges must release defendants without requiring bail and with no conditions on their release ("on their own recognizance").  In certain conditions, they can put conditions on their release ("released under supervision").   If bail can be set, the bail amount must be the lowest amount possible that is affordable for the defendant.  That's why you sometimes see bail set at $1.

There are multiple exceptions and conditions that police officers and judges must follow.  That is one of the complaints lodged by Heubusch.  The bail system is arcane and confusing.  

As an example, Heubusch cited a recent case where a suspect was arrested for burglarizing a restaurant.  The suspect was released following his arrest.  The next day, he burglarized another restaurant.  The judge misunderstood the standards of the bail reform law in this particular circumstance and released the suspect again.  He was arrested 20 minutes later after burglarizing another restaurant.

"So we now have one individual that has three burglary charges -- felony burglary charges," Heubusch said. "Again, he could have been held on that second arraignment, but there was a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

To help us understand how complex the new bail rules are, Heubusch pointed us to this web page on bail reform for the state's public defenders. It contains this matrix of qualifying (for bail) and non-qualifying (no bail) options. It also contains this flow chart that helps guide anybody in the justice system on when to require bail or when to release a defendant. 

Bail reform makes law enforcement harder
Being a police officer is inherently a risky job, and police officers accept that risk, Heubusch said.  It's also a tough job where officers are expected to deal sometimes with uncooperative or even hostile criminal suspects.  But that aspect of the job has been made worse, by bail reform, Heubusch said.

He said when people understand they're going to get an appearance ticket, they're more likely to flee or or fight with an officer because resisting arrest won't elevate the seriousness of their criminal activity.

"We've seen people run from us, fight with us, and attack us more than they did before, in my opinion, because they know, it's not taken as seriously or, you know, 'haha, I can get away with it. I'm gonna get a slap on the wrist from the judge. See you next week or see you tomorrow,' that type of thing," Heubusch said. "It just seems that the attitude, to resist arrest, to fight with the cops, has increased."

Bail reform has also made it hard to get drug dealers off the street, Defreze said.  

First, the Class B felony of criminal sale of a controlled substance in the third degree is a non-qualifying offense, meaning a judge can't automatically set bail.  Defreze said he's seen dealers back on the street selling narcotics within five hours of their arrest.  

"Pre-Bail Reform, we were pretty effective and successful in removing drug dealers from our community," Defreze said. "We would find people, we would arrest them for possession with intent to sell or for criminal sale, both (Class) B felonies. When we got the indictment warrants, those people would go to jail. Now the majority of these people are getting charged with two to four Class B felonies, and they go see a judge, and they're released. Then people were calling, saying these people are selling drugs in my neighborhood."

That arrest was made after months of work that involved finding and working with a confidential informant, gathering evidence, reviewing the evidence with the district attorney, and presenting the evidence to a judge to get a warrant either for a search or an arrest.

When a recently released dealer just hits the street again, he can't just be arrested on the spot. The whole process must start again.

But now it's harder to find confidential informants.

"Bail Reform, in and of itself, made getting a CI inherently harder," Defreze said. "People used to be, there was some kind of fear that they were going to go to jail for minor offenses. You'd catch someone for stealing from Tops, and they wouldn't want to go to jail for that. They would cooperate to have that charge go away. I mean, CIs for minor offenses are a thing of the past."

Victims
Bail reform hasn't been good for crime victims, the officers said.

"What's been missed during this whole thing, just from my perspective, is we've completely forgotten about the victims," Heubusch said. "We've created a system that cares about the defendants, and we care about the defendants as well, we certainly want don't want to hold somebody for years upon years upon years on petty crimes because that doesn't make any sense. But the victims are now being re-victimized over and over again by the same offenders. So I think that's, that's the biggest frustration that you see from law enforcement because we are out there trying to make sure that our communities are safe."

In March, deputies arrested two men in Elba on property crimes. Under terms of Bail Reform, the deputies had no choice but to release the suspects on appearance tickets. The two men were processed at the Genesee County Jail and released. Upon their release, they allegedly stole a car, leading to a police pursuit across multiple jurisdictions.

Bail reform has made orders of protection less effective, the officers said.

Domestic abuse always involves a human victim, so that means the arresting officer can haul the suspect in front of a judge for an arraignment. That gives a judge a chance to issue an order of protection, but unless the crime is a qualifying violent felony, the judge has -- at least until now -- limited power to set bail.

"I can think of a domestic situation where somebody was arrested for harassment, and they were arraigned in front of the judge, got an order of protection, but they had to be released, and they went right back to the house and violated the order protection," Heubusch said.

Bail reform has also led crime victims to ask officers not to arrest offenders, Lindsay said.

"Obviously, we understand the defendants have rights but like (Heubusch) said, we kind of forget about the victims," Lindsay said. "I've had numerous times where we have a case where the victim wants to have someone arrested, so they'll ask us, 'are they going to be held in jail,' and we tell them, 'no, we can't hold them, so they say 'well, I don't want him arrested then because I don't want to deal with whatever fallout.'"

Lindsay said victims are also frustrated.

"We're probably dealing with more angry victims," Lindsay said.

The law is confusing
Heubusch came to the interview with The Batavian carrying a sheaf of paper. He had printed out the matrix, flow charts, and rules officers, attorneys, and judges must know in order to ensure nobody is jailed in violation of the law.

It's a lot to know and a lot to keep up with, and even sometimes judges get it wrong, he said.

"We had a situation where an individual burglarized a restaurant," Heubusch said. "He was arraigned, released and burglarized another business that weekend. He was arraigned, and the judge misunderstood that it was a new charge and released him. He burglarized another restaurant after he left. So we now have one individual that has three burglary charges -- felony burglary charges. And, again, could have been held on that second arraignment, but there's a misunderstanding between the judges as to what they can actually do when it comes to that type of thing."

Defendants harmed by Bail Reform
When defendants are released on appearance tickets, no judge gets an opportunity to recommend a substance abuse or mental health program. When a criminal defendant is free to re-offend, they sometimes do.

"If you look at it, from the defendants' standpoint, this person now has the opportunity to rack up multiple criminal charges to make that sentence, maybe harsher on them," Heubusch said.

He said his officers have seen defense attorneys ask judges to set bail in cases for the sake of their defendants.

"The only way they know their guy is gonna get help is by sitting in jail because the jail will provide that assistance to them, whether they want it or not," Heubusch said. "It'll at least be in front of them. If they get to walk away from that arraignment without being held, the chances of them going out and reoffending are very good. The chances of them going on or overdosing and dying are even higher."

We asked Heubusch in a follow-up email if he had any data on the number of times defendants have been released from custody only to OD, and Heubusch said, "I am not able to put together stats as quickly as I would like to, but we do have cases where individuals that we know to have substance abuse issues have committed crimes and while out pre-trial they have overdosed and died. If judges had the ability to incarcerate these individuals for, what the lawmakers are calling petty crimes, they would be offered assistance and/or mandated assistance pre-trial. This could keep some alive."

Ideas to reform the reform
The police chiefs in New York, Heubusch said, have their own ideas about how to fix bail reform.

First, end cash bail.  That is, in fact, right in line with what downstate reformers want.  Defendants should either be held pre-trail, with no bail, or released.  That would end the perceived unfairness of people with a bit of money being able to get released while poor defendants must stay locked up, unable to get to jobs or care for families.

"The amount of money sitting in your bank account should not determine if you're a free person or not," Heubusch said.

And allow judges to determine whether a person is a danger to himself, another person, or the community.

"We're the only state in the United States that doesn't have a dangerous statute in our law," Heubusch said. "Bail is set specifically upon reappearance for court. We're the only one that doesn't include dangerousness. I don't know why New York wants to lead the way in that, quite honestly, because the communities are suffering because of it. So eliminate cash bail altogether. There's no reason to have a $1 value on it. You're either held to your release, or you're released upon certain restrictions and then that can be reviewed at your next appearance."

Some reformers consider "dangerousness" too subjective of a standard. Heubusch countered that trying to determine if somebody is a flight risk is a judgment call.

Reformers are concerned that allowing judges discretion raises the specter of bias, and studies show the criminal justice system has a history of being biased against people of color.  Heubusch said race should absolutely not be a factor in who is held and who is released but blanket policies by lawmakers who don't live in the communities dealing with crime are not the solution to racism.

"If judges are using race to incarcerate people, then they should be held accountable," Heubusch said. "We should not be changing the system so that more people can be victimized. We are allowing people who commit crimes to remain free due to decisions by lawmakers who are not dealing with these individuals in our communities."

The officers know the current bail scheme is not helping local communities, they said, because they see it every day.

"You really have to explain to the folks that are there complaining about what's going on in their neighborhood, that we can only go so far," Heubusch said. "The reason this person is not locked up is not because of me. It's not because of the judge. It's because of the state laws that say they can't be locked up. It's because of the state laws that say they can't be evicted from that apartment. It's because of the state law. You know, it's very difficult to explain that to somebody who really just wants to see their neighborhood get better."

Photo by Howard Owens. Chief Shawn Heubusch, Det. James Defreze, and Sgt. Christopher Lindsay