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Cassandra Elmore

For the second-straight scheduled court appearance, and the fourth time since her arrest, Cassandra Elmore was a no-show in City Court on Friday afternoon.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June.

The 30-year-old Batavia woman did make her way to the courthouse building today but disappeared shortly after speaking with her defense attorney, Assistant Public Defender Jamie B. Welch.

A warrant will be issued for her arrest at 2 p.m. on Monday if she doesn't appear in court before then.

A similar warrant -- with a 48-hour stay -- was issued after she failed to appear on Dec. 16. There was never a press release about her arrest on the warrant, but her name did appear on the court calendar for today's appearance.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Elmore has promised that once her legal case is resolved, we will get "the real case."

A hearing on motions in the case was scheduled at her last appearance.  

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Since her initial arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

Previously:

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out
• Owner in dog OD case willing to discuss future of her dog while criminal case is pending

• Elmore misses another court appearance while Oddey remains at shelter

Citing reasons of double diesel fuel costs and rising supply, health care, retirement and employee wage expenses, City Manager Rachael Tabelski is calling for a move to exceed the state-regulated tax cap -- which would be the second override in three years for the city -- during this budget season.

“The 8 percent inflation the economy is facing challenges this budget, forcing the city to consider overriding the tax cap,” Tabelski said in a memo to City Council. “To balance the fiscal year 23/24 City of Batavia budget I recommend that the City Council of the City of Batavia consider overriding the tax cap.

“According to New York State’s property tax cap legislation, if a city government decides to adopt a budget with a property tax levy that exceeds the level set by the state, the city government must pass a local law to override that cap,” Tabelski said.

Tabelski is to provide a budget presentation and Council is expected to review and discuss her recommendations during its conference session next week. The session is set for 7 p.m. Monday in the Council Board Room at City Hall.

The proposed levy of $6.6 million would help to cover costs of a total $33.5 million budget and $19.4 general fund budget that includes a flat tax rate of $8.94 per $1,000 assessed value, a flat sewer rate, and a water rate increase of 30-cents, Tabelski said. The levy is raised from all real properties subject to taxation by the city based on the assessment roll for the fiscal year 2023-24.

She has also recommended a required public hearing to be set for Feb. 27.

Materials including salt, gas and electric are on the rise between 15 and 40 percent, while employee wages are at $400,000; retirements at $300,000; and health care just under half a million dollars, she said. Those are some of the rising costs imposing the need to ask for an override — unfortunately, not an unprecedented ask in city history.

Batavia City Council members voted to override the state’s 2 percent property tax cap just two years ago, passing a 7.5 percent property tax increase as part of the City’s 2020-21 budget. Part of the blame went to then Gov. Andrew Cuomo for withholding some of the video lottery terminal money from Batavia Downs revenues, though this year a similar portion was earmarked for the police department’s request for guns and equipment.

Other sections of the budget are up for discussion during future work sessions slated each for 6 p.m. on Jan. 31 for Public Works, general government and administrative departments; Feb. 7 for police and fire departments; and Feb. 9 for an as-needed session.

There is time allotted for public comments during this meeting. Speakers need to sign up prior to the start of the meeting.

File Photo of City Manager Rachael Tabelski by Howard Owens.

The Batavian has further coverage coming.

Attitudes toward substance use disorder and words that reflect those attitudes can have a tremendous effect on the recovery process of those struggling with addiction.

“Stigma is defined as a mark of disgrace and that (disgrace) is a pretty powerful word,” said Diana Padilla, a longtime behavioral health specialist who was in Genesee County on Wednesday to present a training seminar for social workers and providers at the Alexander Recreation & Banquet Facility.

Padilla, in her 90-minute “Reducing Stigma in Our Communities” presentation, provided tools for counselors to counteract the negative connotations associated with substance use and mental illness.

A research project manager at the New York State Psychiatric Institute, Division of Substance Use Disorders, Columbia University Medical Center, Padilla communicated that stigma against people with substance use disorders can create barriers to treatment, such as an increase in shame and isolation from family, friends and community, and treating those with addiction as criminals.

She bemoaned the fact that the healthcare and judicial systems have not fully recognized that substance use disorder is an illness, and that recovery is possible.

“Stigma can lead to more substance use disorder and people can lose hope,” she said. “It really becomes a vicious cycle.”

Padilla said she has seen how health insurance companies and the law continue to view substance use disorder as a “result of a moral weakness and flawed character.”

She noted that some providers blame the individual for causing the problem and will reject treatment coverage, which can lead to substandard, non-science-based care.

When it comes to mental health treatment, Padilla said statistics show that stigma prevents 40 percent of people with anxiety or depression from seeking medical help, and affects people in treatment even when their mental health problem is a distant memory.

To combat stigma, she encouraged counselors to utilize “people-first language” in their interactions with their clients:

• Speak or write the person first, then the disability, i.e., Sam is a “person with a disability,” or “Sheila is visually impaired…”
• Emphasize abilities or accomplishments, not limitations.
• When communicating about a group, “individuals with disabilities.”
• Allow and expect that individuals with disabilities will speak for themselves.
• Be careful not to idealize people who have disabilities as being brave simply because they have a disability.

In recent years, there has been a shift toward supportive and affirming language used by public health professionals, she said.

“By using the term, substance use disorder (instead of substance abuse or addiction), it meets a diagnostic criterion,” she said.

Padilla promoted “trauma-informed care” as a key component to successfully reaching someone with substance use disorder and/or mental illness.

She referred to the Adverse Childhood Experience study that reveals a direct link between traumatic experiences at an early age to subsequent alcohol and drug problems. According to the ACE study, 64 percent of adults have faced one adverse childhood experience (emotional, physical or sexual abuse) and 40 percent have faced two or more adverse childhood experiences.

“A person with four or more ACEs is five times more likely to develop substance use disorder,” she pointed out.

It is important for counselors to understand the impact of traumatic events upon their clients’ lives, Padilla said, and to adhere to the guiding principles of trauma-informed care – safety, transparency, peer support, collaboration, empowerment and cultural, historical and gender issues.

“Empowerment, giving the client a voice and a choice, can make a huge difference,” she said. “We should support those choices even when we don’t totally agree.”

In closing, Padilla shared that people are more likely to get treatment and recover when their families, friends, providers, and communities support them without judging them.

“We can choose supportive, respectful, and nonjudgmental words that treat people with respect and compassion,” she said.

The training seminar was hosted by the GOW Opioid Task Force and Genesee County Health Department and supported by the HEALing Communities initiative.

Disclosure: Mike Pettinella is the publicist for GCASA.

Submitted photo: The Genesee County Health Department and GOW Opioid Task Force sponsored a "Reducing Stigma in Our Communities" training on Wednesday. From left are presenter Diana Padilla, Emily Penrose and Paul Pettit of the health department, Christen Foley of the task force and Jennifer Rowan of the health department.

“Leadership matters” and that, according to the directors of Western Regional Off-Track Betting Corp., is why Richard Bianchi of Monroe County is continuing on as the public benefit company’s chairman of the board.

“It’s my honor and pleasure to nominate (Bianchi) as chair because leadership matters,” said Director Dennis Bassett, who represents the City of Rochester, as he wholeheartedly endorsed the Monroe County delegate for a 13^th consecutive one-year term. “He has taken us through tough times and through it all, I have learned that leadership matters.”

Bassett, speaking at this morning’s board meeting at the Park Road facility, said that Bianchi has the corporation’s “best interest at heart” while making the tough decisions and presenting a vision that has resulted in the purchase of a hotel, expanded summer concerts and providing exhibit space for public events.

“We’re experiencing our best years in OTB history and it is the direct result of the leadership of our board chair,” Bassett continued. “There has been sniping at the heels of the chair and this organization, but we have persevered.”

Director Richard Ricci (Seneca County) seconded the motion – noting that Bianchi “gives his heart and soul to this place” – before the board voted unanimously in favor of Bianchi.

That vote was followed by a unanimous vote to keep Edward Morgan (Orleans County) as the vice chair, a position the Murray resident has held for four years.

Bianchi thanked the board for its support, praising the directors’ work as well as the job done by WROTB officers, management and rank-and-file employees.

“The current board is more engaged than ever,” he said. “Let’s just keep up the great work.”

WROTB President/CEO Henry Wojtaszek echoed Bassett’s sentiments.

“Under Mr. Bianchi’s leadership, we have really good morale here with the workers, we've resolved a lot of the labor issues … and the business is at an all-time high,” he said. “And I think the outlook for the future is very bright. The physical plant is in great shape and WROTB is in the best shape it has ever been in.”

In other developments from today’s board meeting:

• Directors voted to contract with Mind Squad Consulting LLC of Orchard Park for up to $75,000 for training and professional development for WROTB’s key officers, starting with Wojtaszek and VP/Administration William White.

“Bill and I will enroll initially and then we will see the results of that type of training. If we think it is beneficial, we will continue on and then we’ll send our other two officers (Chief Financial Officer Jacquelyne Leach and VP/Operations Scott Kiedrowski),” Wojtaszek said.

He said the leadership team has done its “due diligence” regarding Mind Squad Consulting, with the goal to “have us operating at the highest efficiencies that we can.” He said the training will consist of in-person and virtual sessions, lasting up to eight months.

• The board authorized the purchase of a suite at Highmark Stadium for Buffalo Bills’ games for the next four seasons in the amounts not to exceed $109,000 for 2023, $113,000 for 2024, $117,000 for 2025 and $117,000 for 2026.

The resolution states that the expenditure is in line with WROTB’s “ongoing patron attraction and retention program … to provide entertainment event tickets for a certain level of our patrons as well as for special promotions.”

In a related move, directors approved spending $51,878 with Mark-It-Smart of Santa Ana, Calif., for Buffalo Bills’ clogs, coaster sets, backpacks and coolers to be used as promotional items.

• The board extended a contract with Kim Crawford to provide consulting services in respect to the surfacing and banking of the harness horse racing track for the 2023 winter meet that is currently taking place.

WROTB will pay Crawford an additional $21,000 to the previously agreed upon contract of $65,000 for 2023.

• Leach reported that $49,780 in surcharge from November activity will be distributed to the corporation’s member municipalities.

Photo: From left, Henry Wojtaszek, Richard Bianchi and Edward Morgan. Photo by Mike Pettinella.

For anyone with strong Batavia roots, the Engine House conjures up dining memories of corned beef sandwiches for $2.10 and a champagne Sunday brunch for less than six bucks. Now the longstanding historical icon earmarked as a capital project has some much higher dollar figures attached.

The county Legislature is expected to vote soon on the $1.86 million project, to be offset by a $892,610 grant and sales tax proceeds of $975,990. Since the funding was from 2022, it’s considered a 2022 capital project.

County Manager Matt Landers laid out the explanation during Wednesday’s Ways & Means meeting.

“And the reasoning behind this is that we're running out of space. We have run out of space with public defenders. So that's why there's already four over there in the engine house. And we're putting two more over there,” Landers said. “This is utilizing outside funding, outside of the county, to be able to put an elevator into the building. That is in our long-term plans now, based out of necessity, because the courts facility was not built large enough. It's an access issue to be able to access that building properly.”

The courts facility — a complex built for city, county, and family court, children’s services, the district attorney and various other legal professionals — is now unable to accommodate all county personnel.

Landers credited Public Defender Jerry Ader for securing the grant of nearly $893,000. Part of the expense includes an amount not to exceed $150,600 for the renovation design for SWBR of Rochester.

Plans include an elevator, since it has been difficult to reach the upper floors of the building, Landers said. As it is, the public and county employees cannot access the space, he said. Legislator Marianne Clattenburg believed it was there for a reason.

“It’s a historic space, and it’s not going anywhere,” she said. “So, we might as well use it, right?”

The design may not be completed until 2024, Landers, said, and there will be flexibility in the plan.

“As soon as we have the design done and a full cost estimate out there, if it is on target like we thought it would be, then we would increase the budget, increase the project for the vendor space and then award the contracts for doing the construction work,” he said. “If it comes in too high, then we simply would pull back our funding and reallocate that sales tax into our reserve and for future purposes. This really is a building that's underutilized now … And the best part of this is it's right next door to the courthouse, right where their work is, and we have the ownership of that, and we should make good use of it.”

This isn't the first time the county has mulled the use of the Engine House. In 2017, there were discussions of giving it up or opting to renovate the site to accommodate a growing number of public defenders and make the second-floor handicap accessible. Those discussions got as far as setting a public hearing, which was canceled in lieu of tabling any definite action.

According to former county Historian Susan Conklin, the site at 3 West Main St., Batavia, had been built in the late 1800s — first as a sawmill, and later as a two-room brick shelter that housed water pumps. City leaders decided in 1948 to convert the building into a fire station, giving it the name that has stuck for the next several decades — even when purchased in the 1980s to operate as a restaurant.

The Engine House bar and restaurant closed in 1991, and it took eight years before Buildings and Grounds began to convert it into a county department. In July of 1998, the History Department was relocated into the front section of the property.

Top Photo of a more recent version of the brick Engine House, and above, former buildings, including one that was partially collapsed from an explosion. Photos from the county's History Department archives.

Workers’ Compensation is hardly a sexy topic, but it’s becoming a vital component of Genesee County’s offerings, Assistant County Manager Tammy Ferringer says.

After a four-month search, Ferringer found and hired the county’s first health and safety coordinator who will serve as executive secretary for a cooperative Workers' Comp program of most every taxing entity in the county, including schools, towns and villages.

Up to recently, the participating entities haven’t shown much interest in training offered related to on-the-job safety issues, Ferringer said.

“Participants weren’t interested in training until this past year,” she said. “It was exciting to see a lot of attendance.”

Participants of the Workers’ Comp program pay a premium to be a member of the plan, and trainings are one of the perks that also help them to keep employees safe at work and reduce insurance claims, injuries and related absenteeism.

Workers' compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

The new position was born out of the budget process this past year, Ferringer said after Kathy Jasinski had announced that she was going to be retiring at the end of the year.

“And so that prompted us to try and reenvision the gaps of the plan as it exists,” she said. “And we just wanted to enhance the services that are available to the plan participants ... the worker's comp plan that's administered by Genesee County, and towns, villages, school districts, any taxing entity in Genesee County can opt into the plan. And currently, there's a large list of them.”

Enter Dustin Watterson, a lifelong Oakfield resident who is now the full-time health and safety coordinator. He will be taking on administrative tasks, serving as safety officer for the county and going out on the road to meet plan participants.

“Dustin is going to be charged with the administrative piece of acting as executive secretary to the workers' comp plan. And he'll work with me on the administrative tasks necessary to make sure that it’s efficiently run," she said. "And then we are going to take this safety approach in-house, and he is going to go out on the road, and he is going to garner relationships with our participants and make sure that they know what's available to them.

“It keeps our workers safe, that’s the most important thing for everyone,” she said.

She added that if claims are contained, then costs will be reduced as well, which is also beneficial to any business operation.

Watterson has a decade of experience working in the security business via sales and consulting and is familiar with OSHA compliance, and items such as ADA railings, ramps, and rooftop fall protection, he said. Not only is the financial piece important, but also the morale of an employee who can otherwise be spared those days spent home recovering from an accident at work, he said.

Although Workers' Comp is one large umbrella, it covers multitudes of jobs and careers, Ferringer said.

“Our plan has so many different industries or types of workers, from law enforcement to nurses to just regular office staffs and highway workers and construction. There's such a diverse group of workers, we’re trying to make sure that we capture all of their needs,” Ferringer said. “But also, by working together with them … we’re just allowing them enhancement to help keep this community safe.”

During Wednesday’s Ways & Means meeting, County Manager Matt Landers introduced Watterson with confidence in his new role working with plan participants.

“I think he can help them with their safety plans,” Landers said.

Dustin Watterson, Genesee County's new health and safety coordinator, and Assistant County Manager Tammy Ferringer talk about the expanded and safety aspects of Workers' Comp Wednesday. Photo by Joanne Beck.

Farmers aren't converting profitable cropland into solar farms, said Tim Call, a Batavia businessman and farmer, after the Batavia Planning Board heard a proposal from New Leaf Energy to install a 5-megawatt project on 20 acres he owns at 7757 Oak Orchard Road.

There's good money to be made off of good land, according to Call, but it's become harder to turn a profit on low-yield land.

New York's new labor laws have a lot to do with turning marginal land into unprofitable land.

"Farmers are getting so good at producing on good acreage," Call said. "You don't need all the acreage that's there. The bad ground is not going to produce a lot of good things. It's just like the dairy farmers. If they have cows that are producing 40,000 pounds of milk a year, and they have one that's producing 10,000 pounds, why are you going to keep feeding those 10,000 pounds? You cull that one and get ones that are going to produce the most and give you the best return. You can't afford to farm bad farmland. It's just not profitable."

The state's increase in minimum wage and new overtime rules for farmworkers are causing farmers to re-evaluate what land they keep in production and what crops they grow, Call said. Out are low-yield acreage and crops that are labor intensive, such as cabbage, and other vegetables. Corn, wheat, and soybeans are favored because those crops don't need to be weeded or picked by hand.  The harvest can be fully mechanized. 

Last year, New York adjusted the overtime threshold for farmworkers to 40 hours per week. That's made it harder to hire workers who can migrate to other states with more worker-friendly laws, Call said.

"The overtime rule is really crippling everybody," Call said. "Plus the minimum wage that's out there. When we're trying to compete against other states where the minimum wage is $7, $8 and our minimum wage is $14.20, almost double, and then you can't get the farm or the migrants to come in and work because they can't get the hours that they want. It's just crippling. How do you compete?"

The proposed solar farm came before the board on Tuesday so the board could appoint itself lead agency for the environmental review, which it did.  The board will later be asked to vote on a proposed special use permit for the project.

This new solar installation will go on an 85.5-acre parcel that is just south of Daws Corners, which already contains a 15-acre solar farm on the back portion, along with some wetlands left undisturbed by either project. The two projects will cover 39.6 percent of the parcel, which is below the allowable 50 percent threshold.

New Leaf will plant about 153 trees to help visually screen the array.

The topsoil from the project area will be stored in a berm along the front of the property, which will make it available to redistribute on the parcel once the solar array is decommissioned.  The land could potentially, then, become farmland again.

Call noted during an interview with The Batavian that a solar installation doesn't permanently take the acreage out of agricultural use.

"The thing is, if it doesn't work out, you take the panels off, you pull it out of the ground, you pull the wire up, and you go back to farming," Call said. "You can't do that with some of these other things that they're doing. This isn't blacktop. It's not concrete, you know. You don't have a 40-by-40 pad that's 10 feet down in the ground. You can go back to farming."

Photo: Will Nieves, project developer for New Leaf Energy, and Mark Kenward, project engineer with Erdman Anthony, make a presentation for a solar project on behalf of property owner Tim Call, in the background. Photo by Howard Owens.

A multi-vehicle accident is reported at Warsaw Road and Cole Road, Le Roy.

Minor injuries are reported.

Le Roy Fire and Le Roy Ambulance dispatched.

A winter weather advisory has been issued for 4 a.m. to 3 p.m. Thursday.

Mixed precipitation is expected with total ice accumulation of one-tenth of an inch.

Total snow and sleet accumulations of less than an inch is expected.

A mix of freezing rain, sleet, and snow will spread from southwest to northeast through early Thursday
afternoon. Mixed precipitation will change over to all rain Thursday afternoon.

Use caution and expect slippery road conditions. 

Press release:

Congresswoman Claudia Tenney (NY-24) sent a letter to the Chairwoman of the Federal Communications Commission expressing concerns regarding the new national broadband map. This map is essential in determining eligibility for many federal broadband grants, including the Rural Development Broadband ReConnect Loan and Grant program and the new Broadband Equity, Access, and Deployment (BEAD) Program.

Tenney raised concerns about the map’s methodology and its failure to provide information about libraries and other community anchor institutions (CAIs). Finally, she urged the FCC to extend the Jan. 13 deadline to submit disputes to ensure underserved communities and stakeholders throughout New York’s 24th Congressional District have adequate time to correct errors in the map. 

“There are far too many communities in New York’s 24th District and across the country that do not have access to reliable broadband,” said Congresswoman Tenney. “When broadband companies exaggerate or misstate their service availability in rural and low-income areas, this has a negative impact on everything from economic activity to educational opportunity. The proposed map put forward by the FCC is concerning for many reasons, including its lack of consideration for the rural communities I am honored to represent. I urge the Chairwoman of the FCC to take a deeper look into this issue and reevaluate this map to ensure it better serves all communities.”

Press release:

Plans are well underway for the 19th Annual Celebrate Agriculture Dinner which will take place Saturday, March 25, 2023 at 6 pm at the Alexander Fire Hall. This annual event is a celebration of Genesee County’s #1 Industry, Agriculture! The highlight of the night is a delicious meal using locally produced foods prepared by the Culinary Arts Students from the Batavia Career and Technical Education Center. Let by Chef Tracy Burgio and Denise Kaus, Culinary Arts teacher aide, this will be the second year of this perfect collaboration between the Chamber’s Agricultural Committee & Culinary Arts Program. The dinner is open to the public.

Tickets go on sale December 5th at the Genesee County Chamber of Commerce, 8276 Park Road, Batavia. Tickets are $30 each or a table of 10 can be purchased for $275. Sponsorships are also available which help support agriculture educational events in Genesee County. Only 400 tickets will be sold. Please RSVP BY MARCH 17, 2023. For more information or to download the registrations flyer visit the Chamber’s Website www.geneseeny.com.

The Celebrate Ag Dinner is coordinated by the following partners: Genesee County Chamber of Commerce, Cornell Cooperative Extension of Genesee County, Genesee County Soil & Water Conservation District and Genesee County Farm Bureau.

Sponsors of the 2022 celebration included: Alleghany Farm Services, Arctic Refrigeration, Baskin Livestock, Inc., Carolina Eastern Crocker, CPL, New York State Senator Edward Rath, Farm Credit East, Farm Family Insurance, Fieldstone Private Wealth, Five Star Bank, Freed Maxick CPA, Growmark-FS, L&M Specialty Fabrications, LLC, Lamb Farms, Lawley, My-T Acres, National Grid, OXBO International, Perry Veterinary Clinic, Scott Adams Trucking, Tompkins Community Bank, Torrey Farms, Western New York Energy, LLC, Upstate Niagara Cooperative, Inc. William Kent, Inc. and Windy Acres Farm.

Farms and businesses that donated locally grown food for the 2022 dinner included: Angry Bees Apiary, Dorman Farms, Fenton’s Produce, SJ Starowitz Farms, Torrey Farms, Upstate Farms, Harrington Produce, Farm Fresh First Inc. Star of the West, Jeremy Neal Poverty Hill Farms. 

 File photo by Howard Owens

Press release:

The Batavia Sports Card and Collectable Show returns to the Quality Inn Batavia on Sunday, Jan. 22, from 10 a.m. until 3 p.m. 

The show is free to attend and features roughly 60 vendors full of sports cards, autographs, supplies, hobby boxes and non-sports-related collectibles. 

If you have any questions, contact Jen at (585) 694-0111.  Thank you to all that have supported the past shows, and we look forward to keeping this a monthly event.

A tractor-trailer is reportedly off the road at Route 19 and Vallance Road in Le Roy.

The caller reported that the tractor-trailer ran a stop sign. She didn't stop. "She doesn't know if he had a medical issue or not." 

Unknown injuries.

The trailer is still partially in the roadway.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 9:55 a.m.: Law enforcement is handling the call. Le Roy Fire and Le Roy Ambulance are back in service.

UPDATE 10:24 a.m.: A second accident is reported at the location. State Police on scene. Airbag deployment. No injuries. Requesting evaluation. Le Roy Fire and Le Roy Ambulance dispatched.

Replacing a video wall at Genesee County’s Emergency Services Dispatch Center could cost upwards of “a quarter-million dollars,” Frank Riccobono says.

Or, there’s the other option of getting rid of the wall altogether and not spending a dime.

County legislators are leaning towards option B.

Riccobono, director of Emergency Communications, reviewed the issue of the video wall — a relic once used at the dispatch center and is now outdated and therefore of no value to emergency services. The wall had been evaluated for its future, if any, use and expense as the dispatch center is being updated.

Sheriff William Sheron, Riccobono and the IT director determined that the existing video wall should be removed and disposed of. The department has an agreement with Activu, located at 301 Round Hill Drive, Rockaway, NJ, to do the work at no charge to the county.

The county attorney reviewed the agreement and recommended that the county enter into the agreement, and the Ways & Means Committee also agreed to the same at a prior meeting.

Human Services members concurred that it is the best course of action, and voted to move it on for a full Legislature vote.

A video wall projects various data onto screens attached to highly visible walls throughout the center. They come in especially handy during events such as what the county just experienced this past Christmas, Riccobono said.

“Thankfully, we don’t get the events all the time, but we do need these (video walls) when they do happen,” he said. “Typically, the calls we get in a week, we took in two days.”

He said that out of thousands of calls the dispatch center took during Winter Storm Elliott,  less than 30 calls were lost when people hung up. Otherwise, dispatchers were able to trace their numbers and track them down.

“I’ve never seen as many people panicked,” Riccobono said. “People were in fear for their lives. Many were woefully unprepared.”

File photo of a county dispatch center video wall, by Howard Owens.

There was nary a peep of concern or complaint from the public about plans for upper-level apartments at 97 Main St. in downtown Batavia during a public hearing Tuesday evening at City Hall.

That didn’t really surprise applicants Victor Gautieri of VJ Gautieri Constructors and Stephen Fitzmaurice of Hunt Property Solutions. After all, the plan falls in line with what other business owners have done already to transform their properties lining Main and Jackson streets — operating shops, restaurants, breweries and the like downstairs while renovating upper floors for living space.

Members of the city’s Planning and Development Committee, however, had a few questions and areas of concern.

Member Ed Flynn asked for clarification about a window that looked on a site plan to be the size of a door. It wasn’t a door but, in fact, a window, Gautieri said.

Plans were to replace some of the windows with double-hung versions so that they could open for better ventilation; to add a terrace at roof level with a 42-inch-high railing leading to that terrace; an exterior dumbwaiter to haul up groceries or similar bulky items from the alley; and a tote enclosure for trash and recycling storage, he said.

All materials used would be in keeping with existing colors and aesthetics, he said. Chairman Duane Preston asked if anyone could access the dumbwaiter, and there will be a lock on it solely for tenants’ use, Gautieri said.

“It’s very small … for a few grocery bags. There’s a lockable door,” he said.

Members liked the look of the rooftop terrace, but had concerns about the area’s wind: would furniture be weighted down or otherwise secured? It would most likely be secured, Gautieri said, as he and Fitzmaurice then suggested that perhaps tenants could bring their own chairs up there with them and then bring them back downstairs.

They also discussed whether the terrace could be seen from street level, and Gautieri said not from Jackson or Main streets, though probably from a distance as people were farther away. Other questions confirmed that the units would be one-bedroom each, the remaining windows would be left intact, a replacement side door would be a dark bronze and augmented with an awning, and the integrity of the historic architecture would stand.

Member Rebecca Cohen was concerned that there wouldn’t be enough totes — two for trash and two for recycling — for four apartments.

“I feel like with tenants in four units, you're gonna end up with garbage bags sitting in front of it on garbage night,” she said.

Gautieri conducted his own informal study, he said, and feels confident in his conclusion.

“We have 10 apartments, three two-bedroom and seven one-bedroom apartments. And we have a very small, the smallest you can get, Dumpster. And that is filled to a quarter or a third. We're not counting people who throw stuff in there from outside the apartments, but we're lucky the only time that ever got any more than that was really around Christmas time. So that was my recommendation with Steve, and I tried to give him some information on what was happening with our property,” Gautieri said, as Fitzmaurice shared his perspective. “Among other properties that we manage, we just took over a condominium on the west side of Buffalo. And we went through the same thing. We got everybody a full-size trash bin and a recycling bin. And after about two months of that, people said, can you get rid of half of them? Because they were just empty and bulky and so on and so forth. So that's what we did. So my experience is the same as Victor’s. The apartments just don't seem to generate a whole lot of trash."

Fitzmaurice added that they can always add more totes later if necessary.

“I hate to see the city get a problem of pest control, now that we're building apartments downtown,” Cohen said.

Concerns aside, all members — Cohen, Preston, Flynn, David Beatty and Derek Geib — approved the request for a special use permit. That was needed to change the current status of Commercial zone C-3 to Residential R-2. A start date was listed on the application as Feb. 1; however, Gautieri said that a beginning and ending date will depend on when final pricing comes in and when National Grid and National Fuel can be arranged for setup.

“Let’s say we begin on March 1, then count five months from then,” he said.

The apartments will be set at market rate, which would be approximately $1,500 per month, but that’s not set in stone at this point, he and Fitzmaurice said.

In other committee action, a project by owner Brad Trzecieski to make exterior alterations to a mixed-use building at 327 Ellicott St., Batavia, was also approved. The property has a commercial use in the front and residential in the rear of the site.

Top Photo of Victor Gautieri, left, and Stephen Fitzmaurice representing an apartment project at 97 Main St., Batavia, during a city Planning and Development Committee meeting Tuesday at City Hall, by Joanne Beck. Photo above, 327 Ellicott St., Batavia, gets approval for exterior renovations during the committee meeting. Photo by Howard Owens.

Changes to the original $70 million new county jail plans have included about $90,000 in structural, product and utility revisions, senior project manager Carl York says.

York gave the latest review of the project on West Main Street Road during Genesee County’s Human Services Committee meeting Tuesday.

“Some of these were items that just weren’t on the drawings. And so there’s a supplemental instruction that came out in the contract … so again, changes that are happening on the project. So far, we’ve had 46 instructions,” York said. “That’s about where I would expect it to be. None of these were huge changes. Some of them are just things that weren’t picked up on their original set of documents. And they have to be done. There’s been no issues so far from the Commission of Corrections.”

Having to add some precast, revising the type of flooring, making structural revisions to a pod and also to plumbing and gas provisions made for processing nearly $90,000 of change orders in December, York said.

All of the extras are not a concern, he said, as there is plenty of contingency funding for such needs. The first jail cell was delivered to the jail site this past week, and installed on Friday, Jan. 13. During the next two months or so, a total of about 100 cells will be installed at the property adjacent to County Building #2 and the Animal Shelter.

County Legislative Chairwoman Shelley Stein asked if those changes were above and beyond the $70 million project cost, and York said no.  In fact, the cost is at “.4 percent, not even .5 percent of your entire project cost,” he said.

“You’re doing fabulous,” he said.

Stein wanted that fact to be emphasized, given the possibility that some legislators had thought recent change orders were piling up to mean a larger price tag for the jail, a big ticket item not readily accepted by everyone in the county as it is.

“Good, that should just be made really clear to all of our legislators here, because we certainly did hear some conversation after the last approval that … now it's 70 million plus,” Stein said.

York assured her that “It is not $70 million-plus.”

During the transport phase of the jail cell last week, County Manager Matt Landers said that he's pleased the project is so far coming in under budget.

The Department of Corrections has contacted The Pike Company, lead for the project, and a meeting is being set up for later this week to review jail plans, York said.

File Photo of Carl York, senior project manager, of The Pike Company, by Joanne Beck.

A two-car accident is reported in the area of 11064 Alleghany Road, Darien.

Unknown injuries.

Darien Fire and ambulance dispatched.

UPDATE 5:11 p.m.: Mercy EMS requested to the scene.  No word on injuries yet.

UPDATE 5:16 p.m.: Southbound lane is blocked.

UPDATE 5:19 p.m.: Two vehicles, one occupant in each.  Both are saying no injuries. They are likely "sign-offs."

A State Police investigation into a fatal motorcycle accident, following a high-speed pursuit by a sheriff's deputy in Batavia and Stafford, cleared the deputy of any fault in the incident, according to a report obtained by The Batavian through a Freedom of Information Law request.

Nicholas L. Keiffer, 26, of West Center Street, Medina, lost control of his 2001 Kawasaki Ninja on July 6 on Route 63 as he entered a curve in the roadway just north of Fargo Road after fleeing an attempted traffic stop by Deputy Zachary Hoy.

The state's Executive Law requires the Office of Attorney General (OAG) to open an investigation when a person's death may have been caused by a police officer. Based on findings by the State Police, the OAG informed District Attorney Kevin Finnell on Aug. 2 that the evidence indicated the OGA had no statutory authority to open a criminal investigation into the conduct of the deputy.

In other words, the OAG informed the county that there is no evidence of misconduct in the incident by the deputy.

Investigator Thomas K. Rzepecki, of the Troop A Collision Reconstruction Unit, completed an accident reconstruction report for the State Police, and he concluded that Keiffer was at fault in the accident. 

"The primary contributing factor to this collision, as it relates to the analysis of the evidence, was the failure of the operator of Vehicle 1, Nicholas L. Keiffer, to remain within his appropriate lane of travel," he wrote in the report. "The high speed at which Mr. Keiffer entered the right-hand curve prior to the intersection contributed to his failure to keep right, and also to the severity of the injuries sustained in the collision. An additional factor to consider is Mr. Keiffer's failure to comply with Deputy Hoy's attempt to affect a traffic stop on SR 5."

He also states, "Roadway defects, environmental conditions, and vehicular defects have all been considered and ruled out as contributing to the cause of the collision."

Investigator Eric Daigler officially closed the investigation based on the findings on Dec. 22.

150 mph
The incident began shortly before 6:50 p.m. on July 6. Hoy was running radar in the parking lot of A-1 Self Storage, 5658 Main St, Stafford, when he observed a motorcycle passing another vehicle on westbound Route 5.  The radar indicated the motorcycle was traveling at 150 mph.

Hoy entered the lane of traffic and activated his emergency lights.

The motorcycle initially pulled over as if stopping for the officer near the Department of Transportation facility at 5441 Main St., Stafford. As Hoy pulled in behind the motorcycle, the driver fled.

Radio transmissions acquired by Daigler from the Sheriff's Office, indicate that Hoy informed dispatchers at 6:50 p.m. that the motorcycle was fleeing. Hoy activated his lights and siren and began a pursuit.

The motorcycle turned left on Batavia-Stafford Townline Road.

Data, obtained by Daigler, recorded on the patrol vehicle's computer system, indicate the top speed of Hoy's vehicle while on Batavia-Stafford Townline Road was 104 mph. 

A resident's Ring camera captured the motorcycle passing that location (the address is redacted in the report) at a high rate of speed and then recorded Hoy's vehicle passing with lights and sirens 18 seconds later.

Hoy observed the motorcycle turn left onto Route 63. Vehicle data indicate Hoy's vehicle turned left 20 seconds later. Hoy's top speed on Route 63 was 120 mph.

Near Route 63 and Mayne Road, at 6:52 p.m., Hoy informed dispatchers he had lost sight of the motorcycle and was discontinuing the pursuit.

He deactivated his lights and siren and slowed his speed, and continued southbound. 

At 63 and Fargo, Hoy told Senior Investigator Brian Howard during an interview on July 11, that he spotted a small dust cloud along the roadway and thought perhaps the rider had crossed into the shoulder while negotiating the turn.  

His speed at that intersection was 53 mph. 

Hoy continued into the hamlet of East Bethany at 30 mph, where he turned around.

When he again reached 63 and Fargo at 6:55 p.m., with a northbound vantage point on the intersection, he spotted Keiffer's motorcycle on its side in a field behind a hedge row.

According to scanner traffic at the time of the incident, a person at the scene -- likely Hoy -- attempted CPR on Keiffer.  Keiffer would later be pronounced dead at the scene by a county coroner. 

Among the first Sheriff's Officer personnel on scene was Investigator Ryan Delong. He photographed the scene. Those photographers were later turned over to State Police.  DeLong also told State Police that the NYS Office of the Attorney General was advised of the accident. Detectives from the OAG's Office of Special Investigations responded to the scene.

Soon after the accident, Sheriff William Sheron requested the State Police conduct the investigation because the incident involved one of his deputies.

Evidence
Rzepecki described the intersection in his report. 

Route 63 contains a dip in the roadway followed by a right-hand curve with an uphill grade, according to the report. There is a yellow advisory sign about 500 feet ahead of the curve that recommends vehicles slow to 45 mph.  The posted speed limit is 55 mph.

Evidence at the scene consisted of tire marks, furrows, an impacted signpost, vehicle debris, pavement scrapes and gouges, and disturbed vegetation. 

Rzepecki stated that tire marks were found on the east shoulder of Route 63 and continued southeast across the shoulder into a grassy area north of the intersection, where it transitioned into a series of furrows.  Investigators determined it was at that point that the motorcycle overturned and struck a signpost.

Vehicle debris and grass fanned out southeast of the impact point across Fargo Road and led to a series of pavement scrapes and gouges.  There was vehicle fluid and tire marks within the northbound lane and east shoulder of Fargo Road and disturbed vegetation and vehicle debris that led to the location of the motorcycle.

Rzepecki wrote, "The observed evidence indicates that Vehicle 1 was traveling southeast on SR 63. It crossed the center line and exited the east shoulder of the roadway, overturned, struck a signpost, and became airborne across the southbound lane of Fargo Road. Vehicle 1 landed within the northbound lane and east shoulder of Fargo Road, continued southeast down an embankment, and came to an uncontrolled final rest in the field east of the roadway."

The driver was ejected and sustained fatal injuries, Rzepecki reported.

Hoy's patrol vehicle was undamaged, and Rzepecki said there was no evidence of contact between the patrol vehicle and the motorcycle.

Based on an investigator's calculations, the maximum speed a vehicle can negotiate the curve is 91 mph.  Based on calculations using evidence at the scene, Keiffer's Kawasaki was traveling at between 87 and 92 mph just before it came to the curve. That calculation does not include the possibility of any breaking by Keiffer just prior to that point.  At the point the bike became airborne, after it left the pavement, it was likely traveling at 77 mph, according to the report.

Daigler obtained Keiffer's mobile phone. Keiffer's mother signed a consent form allowing the State Police to search the phone. A forensic investigator later informed Daigler that all pertinent data from the phone was stored in the Google cloud.  Daigler contacted Douglas Curella, the law clerk for County Court Judge Melissa Lightcap Cianfrini, about obtaining a warrant ordering Google to turn over the data. Curella later informed Daigler that Cianfrini would not sign a warrant "because no legal action is being taken by the State Police and the only individual who committed crimes related to the investigation is now deceased."

In addition to patrol vehicle data, video footage, physical evidence at the scene, and recorded and timestamped radio transmissions, investigators interviewed 19 witnesses.

Among those witnesses was the mother of Keiffer's girlfriend. 

Keiffer was reportedly living at their house at the time, and he and his girlfriend's mother were speaking outside at about 6:15 p.m. when they observed a motorcycle pass their location. Keiffer reportedly observed that the motorcycle was a 'nice bike' and informed the mother he was going to go for a ride.

Top Illustration: Screenshot of an illustration in the State Police report.  For a higher-resolution version, click here.

Accident scene photo from July 6 by Howard Owens

Screenshot of illustration in State Police report.

Press release:

January is Radon Action Month, an annual observance that focuses on increasing the public’s awareness of the health risks of radon and how you can take action. Radon is a naturally occurring radioactive gas that has no smell, taste or color. When radon forms from the breakdown of uranium found in soil, it can enter a home through cracks in the walls, basement floors, foundations and other openings.

According to the United States Environmental Protection Agency (EPA), radon is the second leading cause of lung cancer and claims the lives of approximately 21,000 Americans each year. This January, we are encouraging all homeowners, renters, real estate agents and building managers to conduct radon testing. The New York State Department of Health (NYSDOH) recommends testing for radon during the buying/selling of a home, after doing a major renovation, and every two to five years, depending on previous radon level readings.

The EPA and NYSDOH have identified Genesee County as having a high average indoor radon screening level greater than 4 pCi/L (pico curies per liter). The good news is, testing your home with a short-term radon test kit is a quick and easy way to determine if there are high levels of radon present in your home. The test kits are easy to use and contain basic instructions on how to receive the most accurate results when testing your home for radon.

“The only way to know if high levels of radon are present in your home is by testing your home for radon,” stated Paul Pettit, Public Health Director for the Genesee and Orleans County Health Departments (GO Health). The Genesee County Health Department was awarded a five-year grant through the NYSDOH to provide radon prevention education and distribute free radon test kits to Genesee County residents. Currently, there is a limited supply of radon test kits that can be given to residents of Genesee County, and this process is free of charge when you request a kit. If you live outside of Genesee County, you can purchase an inexpensive radon test kit from your local hardware store.

If test results come back and the radon levels in your home are greater than 4 picocuries per liter of air (pCi/L), you can contact a certified radon mitigation contractor to install a radon reduction system in your home. This would be at the homeowner’s expense.  

For more details about the program or to seek a radon test kit, call the Genesee County Health Department at (585) 344-2580 ext. 5555. For more information on radon or other GO Health programs and services, visit GOHealthNY.org.