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Car reportedly leaves scene of accident in Bergen

By Howard B. Owens

A vehicle has reportedly fled the scene following a two-vehicle accident at South Lake Road and Buffalo Road in Bergen.

One person reports a back injury.  

One vehicle is in a ditch.

Bergen Fire and Le Roy Ambulance responding. A second ambulance was dispatched but has been canceled.

A possible suspect vehicle has been located on Route 19 near North Road.

UPDATE 7:30 p.m.: One person transported to Strong.

Sen. Rath launches legislative survey

By Press Release

Press Release:

Senator Rath has published a legislative survey, asking residents to share their opinions on issues that arose from the 2022 State of the State. The brief 12 question survey is available on the Senator’s website, rath.nysenate.gov

“Countless issues will be in front of the Legislature this year, hearing from residents is crucial.  As we enter the 2022 legislative session, there are a lot of timely issues facing our state and residents.  From COVID vaccine mandates to voting laws, hearing from my constituents has never been more important.  I hope you will take a moment to share your opinions,” said Senator Rath. 

Local data shows potential repercussions of not getting vaccine, officials say

By Joanne Beck
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Of all the debatable data out there regarding COVID-19, one piece about local hospitalizations is irrefutable, Dan Ireland says.

United Memorial Medical Center’s occupancy rate is at 86 percent, and 100 percent of patients admitted to the Intensive Care Unit have been unvaccinated, said Ireland, Rochester Regional Health/UMMC president, during a live-streamed health discussion Thursday. 

“Seventy-five percent of COVID admissions are unvaccinated people,” he said. “The data is clear, unvaccinated folks are suffering (from COVID symptoms and illness).”

Another statistic to note is that 100 percent of people put on ventilators were also unvaccinated, he said. Though there are various other reasons for someone being admitted to the hospital, 70 percent of them went to the hospital for COVID-19 symptoms and concerns, he said.  It was a set of coronavirus symptoms that drove them to visit the hospital, he said. 

Although some vaccinated people are experiencing break-through cases, the symptoms have not been as severe, he and Genesee and Orleans County Health Director Paul Pettit said. 

“Please, please, please get your vaccine,” Ireland said. 

Not only is that step important for protecting the health of individuals and families, it helps to free up space at the hospital, he said, citing 36 percent of the entire hospital population is attributed to COVID-19. People are still seeking health care treatments for other causes, and it’s “our job to strike that balance” between the needs of those with the COVID virus and more traditional healthcare that is needed.

Those traditional healthcare services remain open at RRH hospitals, which include elective surgeries. Those surgeries held a 90 percent occupancy rate in 
December. Ireland said that, more recently, those surgeries will still occur, but on “a much more limited basis.”

“Surgery is not closed, we’re just limiting it to limit the exposure to patients,” he said. 

The whole region is focused on restricting elective surgeries to essential only, per health department guidelines, he said, however, facilities in nearby counties have taken patients when necessary. 

There will be public announcements to inform the community of changes that may occur, such as particular hospital offices needing to close due to staffing shortages or exposure concerns, and where patients may be able to go instead. Overall, hospital staff “has done an amazing job at accommodating them at other locations,” Ireland said. 

As of Tuesday, a new visitor policy restricts hours for a 9 a.m. to 1 p.m. and 3 to 7 p.m. daily visitor schedule. Everyone will be screened, information is to be captured for potential contact tracing and visitors cannot see patients with COVID-19 or other immunity compromised patients. 

“Just be aware, if you have a loved one in the hospital, if a screener advises you of a new policy, it’s because of updated responses.”

As for those colorful and rhinestone-covered cloth masks, the latest data shows, especially in the light of the recent spread of the SARS-2-CoV variant known as Omicron, that they are not as effective as medical masks. The Hospital administration has issued a “no cloth masks” order in lieu of medical, tighter-fitting masks, such as KN95. Hospital visitors without such masks will be given one by staff, he said.

“It’s very important to protect yourself; wearing that mask is a barrier. Is it full-proof? No. But we do know it’s a barrier (to the virus),” he said. 

Ireland said that, of course, people want to get out and enjoy activities away from their homes. They can do that, but there are tools in place to protect people to have fun “safely and effectively,” he said. 

“Have some self-awareness and some self-driven compliance,” he said of wearing masks, testing when necessary, and isolating and/or quarantining if positive for the virus or exposed to someone else who is positive. Journalists participating in the event asked about the safety of student-athletes, the target number for vaccinations, and the future. 

Student-athletes are being tested based on the same protocols as other students, Pettit said.

New York State set a target vaccination rate of 70 percent, and “we’re above that number now as a whole,” he said. People who are most recently getting the vaccine seem to be doing so based on external events, such as a family member getting sick or dying from COVID-19, or mandates requiring a vaccine for certain types of travel, he said. 

And for those on the fence? His department staff is working to answer questions and provide information to anyone not yet vaccinated. 

“We’re really trying to talk to those folks who are undecided,” he said. ”Based on the data, the vaccine is very effective; it does keep people from having the severity of the disease, and it keeps them out of the ICU and off ventilators. We’re hoping these folks will make the decision at some point in the very near future.”

Genesee County has experienced a “very sharp increase” in positive cases, especially in congregate settings, such as nursing homes, he said. There have been a total of 12,105 positive cases and 164 deaths from the COVID-19 virus since the onset of the pandemic. Out of that number, 1,509 cases were in the month of December compared to 2,118 in just the first 10 days of January, he said. 

He wanted to clarify case investigations, which are conducted for confirmed cases by obtaining the person’s name, address, symptoms, date of onset, close contacts and that person’s history during the prior 48 hours, versus contact tracing, which takes the process “a little bit further” by trying to identify people who were exposed to a confirmed case of the virus and establish if those people are isolating (if found to also be positive) or quarantining due to being exposed to the person found to be positive. 

Case investigations are not changing, he said. However, due to the massive numbers of positive cases multiplied each by an estimated five to 10 exposures, it’s likely the health department may not be able to follow up on all of those cases, he said.

Genesee County Legislator Rochelle Stein reminded folks that everyone can take a part in keeping the community safe.

“Vaccinate and get the booster when you are eligible, she said. “Mask when in public places, test when you feel ill, and then stay home. These are the simple ones today.”

For further information, watch the video and/or go to GOHealthNY.org

Passenger car and semi reportedly involved in accident in Bethany

By Howard B. Owens

A passenger vehicle and a semi-truck have collided at Route 63 and Bethany Center Road, Bethany.

Injuries are reported.

Bethany Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 9:05  p.m.: No serious injuries.  Traffic is partially blocked.

Planners on board with addition of warehouse/office complex at Brickhouse Commons in Pembroke

By Mike Pettinella

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Randy Fancher, president of J&R Specialties of Akron, citing ongoing supply chain issues and inflation, presented a fourth version of his company’s plan to develop three parcels at the corner of Route 5 and Route 77 in the Town of Pembroke to the Genesee County Planning Board tonight.

“We’ve been here before,” said Fancher, speaking of the planning board’s previous approvals of the Brickhouse Commons LLC mixed-use project – a pair of buildings combining retail and residential near Brickhouse Corners Drive and Tim Hortons, and across from Pembroke High School.

While that venture is still on the table, Fancher and his brother, Jeff, vice president, now are proposing to construct a 42,000-square-foot warehouse and office building – between the two mixed-use structures.

“Our core business needs have changed drastically over the last year with all the supply chain issues and inflation, and so we are now having to stock way more product than in the past,” he said. “So, now this is our core need for this warehouse.”

Fancher told The Batavian that the company’s current set-up – working out of three separate facilities in Akron – is “extremely inefficient.”

“As everything in the world has changed recently, we have decided it would be much more efficient to build a new warehouse/office complex large enough to have everything under one roof,” he said.

Pending final approvals from the town and other agencies, the Fanchers said they are committed to developing the warehouse/office first, followed by the mixed-use apartments/retail space and, eventually, a three-story mixed use building with commercial on the first floor and 17 apartments on the second and third floors farther south along Route 77.

Fancher said that J&R Specialties already has received approvals for the mixed-use buildings, which are located in the Genesee County Economic Development Center’s Buffalo East Technology Park in the town’s Interchange District.

Planning Board member Tom Schubmehl, a Pembroke resident, asked Fancher about the amount of truck traffic the warehousing operation would produce.

Fancher replied that the plan calls for the loading dock to accommodate three tractor-trailers at any time, adding that he figures there will be three to five semis at the location per day.

“… the drawing we submitted was only a conceptual,” he said. “We had to check with the Town of Pembroke to see if they needed curbs -- what their curb requirements were. Once we get approval, we’ll move into an actual site plan and then we can address semi flow.”

Planning Board Chair Laraine Caton noted that the intersection will become quite contested before Planning Director Felipe Oltramari mentioned that the trucks will enter and exit from Brickhouse Corners Drive, which is off of Route 5.

The board then recommended approval of the site plan, with modifications pertaining to acquisition of a stormwater permit, signage that complies with the town’s zoning regulations, and meeting Enhanced 9-1-1 standards and (the recently added) public safety radio system in-building coverage requirements.

PEMBROKE IN THE CANNABIS ‘ZONE’

The planning board also recommended approval of the Town of Pembroke’s desire to amend its zoning test to include “cannabis related businesses” throughout the 41.7-square-mile municipality.

The town has opted in to allow cannabis dispensaries and on-site consumption establishments in accordance with New York State’s Marijuana Regulation & Taxation Act. Other Genesee County communities that opted in are the City of Batavia, Towns of Darien and Pavilion, and Village of Corfu.

The text amendment would allow for cannabis related businesses to operate with a special use permit.

Schubmehl commented that Pembroke will become “the county’s business center for marijuana distribution,” prompting Oltramari to advise that cannabis sales already are taking place on the nearby Tonawanda Seneca Nation Reservation.

INCENTIVE TO COMPLETE SURVEY

Oltramari said that Genesee County is number one in the state thus far in terms of people responding to an online survey about broadband access (www.geneseebroadband.com). He said that 3 percent of households have filled out the survey, which is twice as much as any other county.

County residents completing the survey can enter a drawing for a “Dine, Stay & Play Package” at Batavia Downs Gaming which includes a one-night stay for two at the Hotel at Batavia Downs and $50 towards a meal at Fortune’s restaurant (valid Sunday-Thursday).

The planning director said he will be presenting the Genesee 2050 Comprehensive Plan and Recreation Plan to the County Legislature’s Public Service Committee next Tuesday.

Drawing above: Brickhouse Commons site plan -- Route 5 (Main Road) is at right; Route 77 (Alleghany Road) is at the bottom. The proposed warehouse/office building is located between the two proposed commercial/residential buildings. 

Previously: GCEDC board approves assistance for Pembroke mixed-use project

Photos: New ice rink in Le Roy ready for coming cold weather

By Howard B. Owens

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As Branson Butler, a student at Wolcott School, walked up to the new ice skating rink in Trigon Park in Le Roy, he yelled back to his friends trailing him, "It's huge!"

Branson said he can't wait to skate on the new rink and he expects Saturday's cold weather to freeze the water.

He said his parents are buying him new skates.

The forecast for Saturday calls for single-digit temperatures.

The rink is paid for by federal COVID-19 relief funds provided to local municipalities.

Previously: Le Royans can move off the creek and onto a new ice skating rink this winter

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Spring baseball trip a go for Batavia City Schools’ athletes

By Joanne Beck



Junior and senior Varsity athletes can plan to resume Batavia City Schools’ annual tradition down south after the school board’s votes of approval Tuesday. 

Batavia Middle School physical education teacher and coach James Patric waxed a bit nostalgic during his presentation to the board. For at least 15 years, school athletes had taken a trip to Florida for an extensive training experience, he said.


“The feedback I get back from everybody is it’s an awesome trip,” Patric said to board members in the Batavia High School library. “They practice their skills … enjoy the good weather, they enjoy the camaraderie. It’s positive feedback.”


Once COVID-19 reared its unrelenting head, the trip was cancelled the past two years due to related restrictions, he said. He has done the legwork: research about where to go, how best to get there and what and who to take. 

“We’re here today proposing to go to Fort Pierce, Florida,” he said alongside Mike Bromley, director of health, physical education and athletics. “We haven’t stopped doing fundrasing since 2019; we have a considerable amount of money that we can contribute toward the trip.”

Patric has been working with Vincent “Vinny” Carlesi, president and director of operations at the Florida Coast Spring Training camp. Batting cages and well-groomed fields await eager athletes wanting to get in some focused practice. Carlesi is also a former professional baseball player with the Pittsburgh Pirates and a major league scout with the New York Yankees. He provides trusted guidance for how to have a successful trip, Patric said. 

It would be an estimated $800 to $900 per student, and Patric is confident that students can raise that through continued fundraising efforts. He checked into airfare, and the price tag of at least $700 a person was “not fair to ask,” he said. Air travel also didn’t have any security, which was a “risky” investment, he said, versus bus fare that is refundable. 

An alternative is ground transportation that will accommodate the junior and senior Varsity teams on a 56-passenger bus. With just over 30 people planning to attend, that will allow for space to social distance during travel, Patric said. 

The trip –– tentatively slated for early April –– would also include student tours, hotel accommodations, one scheduled stop for a driver switch, and testing participants for COVID-19 before they board the bus.

“Hopefully, all test negative and we can all go on the trip,” he said.  

Board member Alice Benedict questioned the ratio of only three chaperones for 25 kids. Patric explained that there are three paid chaperones, plus coaches and assistant coaches. Benedict agreed that six chaperones for 25 kids seemed much more reasonable. 

Another board question was about the virus: is there a plan for how to handle testing and isolation protocols while on the trip?

There is a hospital close by in case anyone needs to get tested or treated for illness, Patric said. Rooms at the hotel, a Comfort Inn, would be blocked off to allow for a positive COVID-19 case to quarantine, he said. The bus company has put up a plexiglass shield in the bus to protect healthy passengers from anyone who may be infected. 
Another option will be for parents that have also traveled to the Florida site drive students home. All of that would take “a lot of communication” with district officials, he said. 

Board member John Reigle pointed to the activity of doing things with kids.
“I think it’s a great idea,” he said. 

In other board news, newly hired Superintendent Jason Smith thanked the board, students and faculty for the “very warm welcome” he received in the form of hugs, cards, songs and a tour of each of the four city schools. He thanked Interim Superintendent Scott Bischoping for helping to make a “very smooth transition to this district,” Smith said.

More tests, revised protocols ...

The district expects to receive more COVID-19 test kits for an ongoing “test-to-stay” initiative for students. Quite simply, if someone tests positive for the coronavirus, it’s time to go home and isolate per health department guidelines. If the test is negative, students may remain in school. Updated procedures now include being able to test asymptomatic and unvaccinated students who have had close contact with someone who has tested positive for COVID-19.

This is for people in school. Household exposures are not eligible for this program at this time, per New York State.

The following protocol will be implemented at Batavia City Schools, with support and approval from the Genesee County Department of Health:

  • The school nurse will test the exposed student.
  • If the student tests positive, we will send the student home, report the positive test, and require the student to isolate for five (5) days. The student may return to school as long as they are asymptomatic (not showing symptoms) at the end of the period of isolation. 
  • If the student tests negative and as long as they are not experiencing any COVID-19 symptoms, they may continue to attend school but will be required to: 
  • Quarantine from all other activities outside of the regular school day for five (5) days (athletics, after-school clubs, etc.)
  • The school nurse will test the student again six (6) days after the initial test.

Quarantine and isolation protocols include:

The isolation period for individuals who test positive for COVID-19 will be five days as long as the individual is asymptomatic (not showing symptoms) at the end of the period of isolation. Quarantine periods for individuals exposed to COVID-19 are as follows:

  • Unvaccinated: Five days 
  • Fully vaccinated, eligible for a booster, but not yet boosted: Five days 
  • Fully vaccinated and boosted, or not yet eligible for a booster: Zero days. 

Should symptoms appear, be sure to quarantine and seek testing. If you have any questions about the new protocols, contact your child’s school nurse at 585-343-2480.

Batavia High School: Nancy Haitz – nhaitz@bataviacsd.org Ext. 2004

Batavia Middle School: Jennifer Caudill – jmcaudill@bataviacsd.org Ext. 3003

John Kennedy Intermediate: Cheryl Wagner – clwagner@bataviacsd.org Ext. 5001

Jackson Primary: Theresa Pellegrino – tpellegrino@bataviacsd.org Ext. 4001

Community forum, musical role ...

Smith will be the featured guest for an online community forum at 6:30 p.m. Thursday. 40 questions had been submitted by Tuesday and he and colleagues will be answering those during the streamed event, he said. For more information, go to: https://www.bataviacsd.org/article/618522

The superintendent, a 1990 BHS graduate, will also be playing “a mean second trombone” during an upcoming BHS Alumni Jazz Ensemble at 2 p.m. on Jan. 23. Serving as a fundraiser for the BHS  Scholastic Winter Guard, the concert includes other district notables BHS Principal Paul Kesler on trumpet, and music teachers Sean Williams, Collin Murtaugh, and Stuart Mclean in the ensemble. Additional BHS alumni, including Paul Spiotta, Brandon Luce, Jackie McLean, Matt Holota, Harold McJury, Frank Panepento, Joshua Pacino, Quentin Branciforte, Mark Hoerbelt, Ross Chua, Mary Murphy, Jason Mapes and Bob Pastecki. 

Tickets for the concert are $10 for adults and $5 for students, and may be purchased at the door. Money raised from this event will defray the cost of winter guard trips in March and April. This will be the Scholastic Winter Guard’s first appearance at the WGI National Championships. 
 

Top photo: Batavia Middle School physical education teacher James Patric. BCSD staff photo.

Genesee County faces difficult situation when it comes to transporting persons dealing with mental health issues

By Mike Pettinella

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Severe staffing shortages among emergency response units have Genesee County officials searching for the most effective ways to transport residents experiencing mental health episodes to qualified hospitals where they can receive the evaluation and treatment they need.

Tim Yaeger, Emergency Management Services coordinator, and Lynda Battaglia, director of Mental Health & Community Services, led an hour-long discussion via Zoom with county legislators and law enforcement personnel this afternoon about a severely compromised level of ambulance service in the county.

“Why this topic is even being discussed is because there's an EMS (Emergency Management Services) crisis in New York State,” Yaeger said. “We’re looking at counties that are really in a very much of a reactionary form to figure out what they're going to do because the EMS transporting capabilities of the commercial systems are diminished.”

Yaeger said counties across the state are searching for answers as they experience lengthy response times and situations where no ambulances are available at any given time.

“We can probably talk for a long time about it, but it really comes down to pay and work environment and working conditions of the EMS system. That’s why it’s in trouble,” he said.

Emphasizing that his responsibility is to make sure ambulances are there when “the citizens of this county” call for them, Yaeger said he has been talking at length with Battaglia, Mercy EMS and Le Roy Ambulance representatives and law enforcement agency leaders about how to handle mental health incidents that fall under New York Mental Hygiene Law 9.41 and 9.45.

LAW GIVES AUTHORITY TO TRANSPORT

Section 9.41 permits police officers and peace officers to facilitate emergency admissions for immediate observation, care and treatment for any person who appears to be mentally ill and is conducting himself or herself in a manner which is likely to result in serious harm to the person or others. Section 9.45 gives similar authority to directors of community services.

In both cases, transportation to specially designated health care facilities, such as Strong Memorial Hospital in Rochester, Erie County Medical Center or Wyoming County Community Hospital in Warsaw, likely is warranted.

So, the question facing Genesee County legislators is: Who should transport these individuals – emergency medical technicians (or paramedics) in ambulances, police officers (sheriff's deputies, Batavia PD, Le Roy PD) or – what currently is on the table – a combination of both?

With the number of ambulances on the road in Genesee County down from where it should be, Yaeger said he has been working with Mercy EMS to make sure it prioritizes service to Genesee residents.

“Counties outside of Genesee have been relying heavily on Mercy EMS to backfill their shortcomings, and have recently over the last five, six months, it got to a point that was just not manageable anymore,” he said. “So, we worked with Mercy and changed our policy from one ALS (Advanced Life Support) ambulance to two ALS ambulances in service in this county before we will honor an out-of-county ambulance request.”

While the revised schedule is working right now, that doesn’t address the primary focus of today’s conversation – transporting of those in a mental health crisis.

NOT 'LOW HANGING FRUIT'

Yaeger indicated that most surrounding counties use law enforcement personnel to drive the patients to the hospital, but Battaglia – along with Genesee County Sheriff William Sheron – said that, in the majority of cases, is not the way to go.

Calling it “a concerning topic,” Battaglia said those suffering from mental health issues by no means should be considered “low hanging fruit.”

“I wanted to just point that out … that the mental health individuals in the community are also those community residents that need medical services,” she said. “And I have to remind everyone, that somebody that's in a mental health crisis is ultimately considered a medical crisis.”

Battaglia said she was pleased to hear that both Yaeger and County Manager Matt Landers are looking at transports on a case-by-case basis, stating that persons exhibiting symptoms of psychosis are at acute risk of harming themselves or others need assistance from a mental health professional.

“I do have some concerns about EMS medically assessing an individual to determine whether or not police should transport or EMS should transport,” she said. “If somebody is making statements that they are going to die by suicide or if they are having suicidal ideations and deny taking any kind of pills, when in fact they did, and potentially negated telling that to any personnel, that places everybody at risk because they're not going to exhibit any kind of medical symptoms right away.”

WARNING AGAINST STIGMATIZATION

She agreed that the entire EMS and healthcare systems are stressed due to COVID and workforce shortages but warned against the marginalization of the mentally ill.

“… What the system and the advocates have worked really hard about is to not stigmatize and to reduce stigmatization of individuals who are mentally ill,” she offered. “So, if police protocol is to handcuff somebody in a mental health crisis because they're being transported on a 941 and placed them in the back of a police car, that's criminalizing -- that is stigmatizing … and could have detrimental effects. It could possibly force that person to not want to reach out for help in the future; it could be very traumatizing …”

Sheron advised that the county transitioned from police vehicles to ambulances years ago “because of the more humane way to transport somebody that's in crisis.”

“To put somebody in the back of a patrol car behind a cage and in very limited space, I think is not the proper place for somebody who's in mental health crisis -- plain and simple,” he said. “Now, when we have an individual that is violent and we believe that they may become violent in the ambulance, we’ll send somebody along with the ambulance, either following the vehicle or inside the rig itself.”

Other key points brought up during the discussion are as follows:

  • Yaeger and Landers agreed that the situation is “not a black and white thing,” with the former acknowledging that the EMS crisis now has taken precedence over the county’s efforts to fix staffing and other issues related to emergency response in the case of fire or motor vehicle accidents.

In response to a question from Legislator Rochelle Stein about the county’s contract with Municipal Resources Inc., a consulting firm based in Plymouth, N.H., Yaeger said MRI's mandate will be expanded from finding solutions to the widening gaps in fire department coverage to also include confronting the EMS dilemma.

  • Legislator Gary Maha asked what happens if a call for a mental health transport comes in and no ambulances are available?

Yaeger responded by saying that request would be put on hold. “It’s either that or we’re going to try to get a volunteer ambulance to cover that call. They may cover it, or they may not, but it's going to end up waiting.”

  • Legislator Marianne Clattenburg said it is incumbent upon the county “to change how we fundamentally are doing things” by removing elements of criminalization in mental health cases.

“(To place) someone ... in a cop car I just think escalates things and I worry about the liability on the county … if we were to do that,” she said.

She then asked if the county had a contract with Mercy EMS for a certain level of service, to which Landers answered that there is no formal agreement on staffing levels although the county does provide funding to the operation.

  • Responding to questions from Legislator Christian Yunker, Landers said there are approximately 500 calls for mental health crisis intervention in Genesee County annually, although many of them end up as family member transports. The plan being considered is to shift up to half from ambulance to law enforcement transport to the three destination hospitals referred to previously in this report.
  • Landers said the discussion will continue, and he looks to include Dan Ireland, president of United Memorial Medical Center, as legislators inquired about the possibility of the Batavia hospital becoming certified to accept individuals in the midst of mental health breakdowns.

“They're (Rochester Regional Health administrators) heavily invested in doing everything with the new campus (in Batavia), and obviously, they're doing great things there with the hospital expansion,” Landers said. “So, I would hope that this could be something down the road that we have in our own community, I think there's a need there based on what we're hearing about (the numbers) being transported out of our community.”

  • Battaglia, upon hearing that paramedics are not provided with the training to properly handle mental health cases, said she would be willing to provide it.

“Law enforcement knows I've done some trainings for law enforcement. I was just at Le Roy Police a couple months ago, providing mental health training,” she said. “So, if you know that it’s not provided when they’re being trained and going to school, then that is definitely something that I can I can assist with.”

Roll over accident reported in Elba

By Howard B. Owens

A vehicle has reportedly flipped over in Elba, east of the intersection of Ford Road and Old Ford Road.

Elba Fire responding.

UPDATE 4:22 p.m.: One patient. Minor leg injury.

Fire on Porter Avenue deemed 'unintentional'

By Press Release

Press release:

On Tuesday, January 11, 2022, at 11:51 am, the City of Batavia Fire Department responded to a reported house fire at 22 Porter Ave. in the City of Batavia. Initial fire units arrived at 11:54 am to find a large volume of smoke emanating from a two-and-a-half-story, single-family home. Fire crews entered the home to find a fire in the attic space that was quickly extinguished. Two occupants were home at the time of the fire and escaped unharmed prior to the fire department's arrival. Residents are being assisted by the American Red Cross.

No civilian injuries were reported. There was one minor firefighter injury reported.

The cause of the fire was determined to be unintentional by City of Batavia Fire Department fire investigators.

The City of Batavia Fire Department was assisted by the City of Batavia Police, Bureau of Maintenance, Water and Codes Department, Town of Batavia FD, Alexander FD, Elba FD, Genesee County Emergency Dispatch Center and Emergency Management Office, Red Cross, National Grid and National Fuel 

Jacobs calls on IRS to clear up backlog of amended returns

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) sent a letter to Internal Revenue Service (IRS) Commissioner Rettig yesterday calling for the IRS to address the backlog in amended tax returns and asking specific questions on operations.

“For months, my constituents have waited for their amended tax returns from IRS and have received no answers. My constituents, and Americans around the nation, are anxiously awaiting their returns and are growing increasingly frustrated with the lack of action from the IRS. This is unacceptable and represents a massive dereliction of duty from the agency,” Jacobs said. 

In a letter from November, the Taxpayer Advocate Service (TAS) reported the IRS had a backlog of over 2.7 million unprocessed amended returns. TAS also recently stopped accepting congressional inquiries from offices due to the high backlog. Currently, some NY-27 constituents are reporting delays of up to 30 weeks to receive their amended tax returns from the IRS.

“2021 tax season is rapidly approaching. This problem must be resolved by then, or millions of Americans face massive backlogs for their returns,” Jacobs said. “The IRS has been using the COVID-19 pandemic as an excuse to deny timely service to millions of Americans. It is far past time to drop that excuse and get back to work safely and efficiently as many other government agencies have been able to do – Americans are relying upon it.”

 

Hawley joins call for criminal justice reform

By Press Release

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined members of the Senate and Assembly Minority Conferences, law enforcement, and public safety advocates on Tuesday to call for the passing of anti-crime measures, following a rise in violence throughout New York state during the past two years. 

The legislative conferences advocated for the restoration of judicial discretion to locally-elected judges, among several other proposals. Since the passage of bail reform in 2019, the ability of judges to hold lawbreakers they know to be dangerous to the community on bail has been heavily restricted. The state has seen a 46.7% increase in murders throughout the state from 2019 to 2020. Criminals released under the bail reform law have gone on to frequently re-offend, at times retaliating against victims mere hours after their pretrial release.

“If we want New York to be a place people want to live, start families and spend their money, it must first and foremost be a safe place,” said Hawley. “During our governor’s State of the State address, there was a glaring absence of any discussion of the marked rise in violence we’ve seen in our communities all across New York. So putting public safety back on the agenda for the upcoming legislative session is a priority for me and our conference as a whole.”

Batavia City Schools Board of Education invests in air purity to combat COVID-19

By Joanne Beck

Without any discussion, Batavia’s Board of Education unanimously approved a slew of consent items Tuesday evening, including spending more than $400,000 to purchase disinfection devices as one way to combat COVID-19.

The bid of $416,250 from Enviro-mist was a recommendation from the city school’s Building and Grounds Committee, Board President Alice Benedict said. 

“They are the ones who did the investigating, and asked the questions,” she said to The Batavian after the meeting at Batavia High School. “We decided it was something the school district needed.”

After district members conducted research about how to deal with increasing cases of COVID-19, Building and Grounds committee members were given the green light to pursue some type of disinfection equipment, she said. 

The funding for these devices will come from the federal American Relief Act, which was doled out to school districts for various virus-related solutions. The board agreed that Enviro-mist came in with the best bid for air purification and disinfection devices, at $1,665 each for 250 disinfection units, or $416,250. The units purify the air at one unit per 900 square feet, Benedict said. 

The company website touts specialized consultation services that include: 

  • Effective and Safe Re-Opening and Return to Work Plans.
  • Preventive and/or Corrective Disinfecting.
  • Portable or In-Duct Air Purification Systems with knowledge of how best to work with air flow.
  • Micro-Barriers for extended protection of high-touch surfaces.
  • Air Quality Scans, Testing and Monitoring.
  • Industry’s best Air Purifying Equipment Rental for events or gatherings.
  • Post Covid Protocols that prepare for the next superbug, flu, allergy or outbreak.

Other consent items included seven resignations of music, special education and English as a Second Language teachers, teacher aides and a financial records clerk; many appointments of assorted positions, from probationary social worker to clerk typists; and Memorandums of Agreements with Batavia Teachers’ Association, TRIO Upward Bound College Prep Program, Attica Central School District for 6:1:1 services, and with the business administrator, executive director of staff development and operations, and executive director of curriculum and instruction. ( The Batavian will update details as they become available.)

It's that time of year when school boards begin to think about expenses and revenues. In lieu of the past Budget Ambassador program fulfilled by volunteer district residents, board members have signed on to meet for at least three public budget sessions, Benedict said. A lack of interested volunteers rendered the former ambassador group defunct, she said. Board members will conduct Zoom budget meetings so that anyone may attend and ask questions. 

The budget meetings are set for 6 p.m. on March 1, 8 and 15 in the Superintendent’s Conference Room 49 of the district office, 260 State St. The next regular board meeting is scheduled for 6 p.m. Feb. 17 in the BHS library 260 State St.
 

GCEDC considers final proposals for investments worth $16.3 million

By Press Release

Press Release:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider a final resolution for a proposed $8.5 million financial investment by Mega Properties Inc. for the purchase of a vacant 147,000 sq. ft. building in the town of Batavia at its board meeting on Thursday, January 13, 2022.

Mega Properties Inc. plans to develop the Federal Drive building into a warehouse distribution facility.  The proposed $8.5 million financial investment would retain nine full-time employees and create up to 11 new jobs. The project has requested approximately $600,000 in sales, mortgage, and property tax exemptions.

A public hearing on the proposed project assistance was held Dec. 21 in the town of Batavia.

The GCEDC Board also will consider a final resolution for Gateway GS LLC’s (Gallina Development) proposal to invest $2.9 million as part of an expanded project in the Gateway II Corporate Park. The financial investment supports the construction of a 33,600 sq. ft. facility.

Gateway GS LLC is requesting $478,418 in sales, mortgage, and property tax incentives. The expansion will generate an estimated $28 in economic activity for every $1 of public investment.

An initial resolution will be considered by the board for two 8-unit market-rate apartment buildings located south of Buffalo East Tech Park in the town of Pembroke by Franklin Real Estate and Development. 

GCEDC Pre-Board Meeting Release
The multi-unit buildings will include one 1-bedroom apartments and seven 2-bedroom apartments. Franklin Real Estate and Development is requesting $243,402 in sales, mortgage, and property tax incentives. 

Finally, the board will consider accepting an initial resolution from Apple Tree Acres, LLC which is proposing to invest $3.1 million to build a 50,000 sq. ft. facility on its property at Apple Tree Acres in the town of Bergen. 

The facility would create three full-time jobs with an average annual salary ranging from $30,000-$35,000. The project is estimated to create a $10-to-$1 return on investment for Genesee County. 

The January 13, 2022, GCEDC Board meeting will be held remotely at 4 p.m. A livestream and on-demand recording of the meeting also will be available at www.gcedc.com.

Attracting minority candidates, ongoing community dialogue top Batavia PD's list of 'action items'

By Mike Pettinella

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The City of Batavia Police Department is committed to implementing “action items” derived from its participation in the Batavia Police Advisory Collaboration Stakeholder Group, especially in the area of diversity in recruitment, BPD Police Chief Shawn Heubusch said on Monday night.

Speaking at City Council’s Business Meeting at the City Hall Council Board Room, Heubusch (photo at left) said his department embarked on a “heavy” recruiting campaign in an attempt to attract more minority candidates to take the police officer exam.

He said that data compiled through a questionnaire that was filled out by 90 of the 100 or so people that took the Civil Service exam on Sept. 18, 2021 showed that “a more diverse population came out to take our exam.”

While 84.4 percent of the participants identified themselves as White, 3.3 percent were Hispanic or Latino, 2.2 percent Black or African American, 1.1 percent Asian and 1.1 percent Native Hawaiian or Other Pacific Islander.

Heubusch said that the data collected will be used to establish a baseline for future exams.

The department also conducted a physical agility test last week at Genesee Community College, Heubusch said, where “we definitely saw a more diverse group of people come out for that.”

The Batavia Police Advisory Collaboration Stakeholder Group, consisting of citizens from various public and private sectors, was formed in compliance with former Gov. Andrew Cuomo’s Executive Order 203 that called for community policing reform throughout New York.

It met several times during the fall and winter of 2020 and 2021, resulting in the creation of a list of action items that was submitted to Albany. Batavia’s plan is focused on training, community engagement/policing, community liaison, communication, officer wellness and diversity – including Civil Service reform.

“This (Civil Service reform) was a big nugget that everybody talked about across the state,” said Heubusch, who noted that he discussed that subject on a webinar yesterday with the New York State Police Chiefs Association. “(We) continue to advocate for Civil Service reform with elected officials and through professional organizations.”

Other highlights of Heubusch’s presentation to City Council:

  • Criminal Possession of a Controlled Substance has decreased by 54 percent on average over the past five years. Crimes such as larceny and simple assault also declined in 2020 compared to 2019. However, Heubusch said, preliminary reports for 2021 indicate a slight increase in those numbers.
  • The BPD will continue community dialogue through neighborhood meetings and National Night Out. Heubusch said the department’s CrimeWatch page has resulted in enhanced communication with the public and includes a link to Division of Criminal Justice Services statistics.
  • The department’s community liaison program is multi-faceted, including regularly scheduling outings at senior citizen complexes and civic groups, continued engagement with minority groups, placement of a school resource officer at Batavia City School District (Officer Miah Stevens) and establishment of a Citizens Academy Program for interested adults. Heubusch also said plans include enrolling Stevens in the next DARE training class.
  • Community engagement/policing efforts include more foot and bicycle patrols, bicycle safety classes, enhanced training through an agreement with Genesee County Mental Health, crisis intervention training, ongoing implicit bias training, and certification of a de-escalation trainer and defensive tactics instructor.
  • Emphasis on physical, mental and spiritual wellness of police officers, with monthly briefings with the police chaplain, participation in wellness program training, debriefing efforts after critical incidents and regular meetings with supervisors to discuss any potential issues.

Law and Order: Le Roy resident accused of stealing credit card, making purchases

By Howard B. Owens

Shannon Lee Marvin, 30, of West Main Street, Le Roy, is charged with grand larceny. Marvin is accused of stealing a credit card from a person in Bergen in November and making several purchases with the card. Marvin was processed at the Genesee County Jail and released on an appearance ticket.

Abigail M. Russell, 19, of Hamburg, is charged with petit larceny. Russell is accused of shoplifting a bag full of groceries from a local store at 12:01 p.m., Jan. 4. After receiving a report of the larceny, Russell was located by a Batavia patrol officer, identified as the suspect, and arrested.  She was released on an appearance ticket.

Walter M. Rhynes, 30, of Rochester, is charged with harassment 2nd. Rhynes is accused of trying to strike an employee of a local hotel at 1:29 p.m., Jan. 1. He was issued an appearance ticket.

Brittany N. Leach, 28, of Batavia, is charged with two counts of criminal mischief 4th. Leach is accused of damaging a door and a vehicle on State Street at 11:10 p.m., Jan. 4. She was issued an appearance ticket.

Marcus T. Hill, 29, of East Rochester, was arrested on a warrant for alleged failure to appear. The warrant stems from an incident reported at 9:45 p.m., April 25 (no details released) and was issued July 28 after Hill allegedly failed to appear in court as ordered. He was released under the supervision of Genesee Justice.

Hailee N. Callicutt, 21, of Batavia, is charged with obstruction of governmental administration, resisting arrest, driving without insurance, driving on a suspended registration, and driving a vehicle with an obstructed view. Callicutt was stopped by Officer Peter Post at 10:02 p.m., Jan. 1, on Liberty Street.  She was issued an appearance ticket.

Brian Graziaplena, 70, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Graziaplena reportedly drove his car into a tree at 4:23 p.m., Jan. 1, on North Lyon Street, Batavia. He was issued an appearance ticket and released to a sober third party.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 2nd. Siminski allegedly sent a letter to a person covered by an order of protection. He was issued an appearance ticket.

Eric Tyler McGrain, 29, of Donlin Drive, Rochester, is charged with felony DWI, speeding, refusal to take breath test, failure to keep right, and moving from lane unsafely. McGrain was stopped at 1:21 p.m., Jan. 8, on College Road, Batavia, by Sgt. Mathew Clor.

Trisha R. Santora, 39, of Batavia, is charged with eight counts of petit larceny and eight counts of falsifying business records 1st. Santora was arrested by State Police for an alleged crime reported in November. She was issued an appearance ticket. No further details were released.

Kyle A. Hillyard, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Hillyard was stopped at 1:35 a.m., Jan. 9, by State Police in the Town of Batavia. He was issued an appearance ticket.

Brian P. Demko, 44, of Batavia, is charged with aggravated harassment 2nd. Demko was arrested by State Police following an investigation in an incident reported at 7:42 p.m., Dec. 26, in the Town of Batavia. He allegedly made a threat toward another person. He was released on his own recognizance. No further details released.

City making water line repairs at Liberty and Ellicott today

By Press Release

Press release:

The City Water Department is making repairs to a water line on the corner of Liberty and Ellicott Street today.

Expect the water to be turned off from on Liberty from Main to Ellicott Streets. Due to the uncertainty of the repair water may also be turned off or experience low pressure in adjacent areas.

Traffic will not be allowed through the southern side of the intersection of Ellicott and Liberty, while repairs are being made.

We do not have a time frame for this work at this time.

We appreciate the public's patience during this repair.

Proposed City of Batavia budget calls for 78-cent decrease in property tax rate for 2022-23

By Mike Pettinella

Barring any changes made during the budget workshop process, the City of Batavia’s property tax rate for the 2022-23 fiscal year will be $8.94 per $1,000 of assessed value – a decrease of 78 cents from last year’s rate.

City Manager Rachael Tabelski shared details of the municipality’s $17.7 million budget at Monday night’s City Council Business Meeting at City Hall Council Board Room.

Putting the tax rate into perspective, Tabelski said that 5,700 properties in the city support the city’s General Fund operating budget.

"The property taxes they pay make up 34 percent of our total budget revenue," she said. "And the typical tax bill for a resident that owns a house assessed at $100,000 will be $894 under this proposed manager’s budget. The county tax for that same home is $916 and the school tax (is) $2,057."

The proposed General Fund lists a tax levy increase of $121,403, Tabelski said, noting that plans call for reinstatement of service, personnel and equipment purchase. Additionally, the water and sewer funds are stable, and improvements in infrastructure are on the table.

Tabelski highlighted the amount invested into the city in recent years, stating that $132 million in public and private investments are changing the landscape of Batavia.

“Batavia is going to continue to fly back from its rust belt city status, embrace its vibrant roots, double down on the investment and continue to focus on economic growth and neighborhood revitalization,” she said, referring to the impact of the $10 million Downtown Revitalization Initiative award the city received and other large-scale corporate projects.

Her presentation indicated that $96 million already has been invested, $36 million more is in the works and another $42 million is planned.

Last year presented a “dismal revenue picture,” Tabelski said, but things “look much better” for 2022-23.

She said that 41 percent of the budget revenue is from sales tax (budgeting for $6.8 million in sales tax), while property taxes will bring in around $6 million. State aid is pegged at $1.75 million.

“Real property tax is the most stable revenue supporting the General Fund budget,” she noted.

The city manager also mentioned increases in assessed value, stating that the city’s assessed value of property has grown by about 26 percent over the past eight years compared to a 49 percent increase in assessed value in the Town of Batavia.

“A major way of creating additional revenue is to improve the overall value of our commercial and residential properties,” she said. “That’s through investment and new builds, and for continuing the strategy with the Brownfield Opportunity Area and the DRI.”

Tabelski said that about a quarter of the city’s property is not taxable – and that amounts to around $220 million.

The General Fund budget also will be supported by $275,000 in appropriated fund balance, $275,000 in water fund transfer and $130,000 in (one-time) retirement reserves, she said.

“(The year) 2021 has been another unprecedented year,” she said. “However, the city saw revenues rebound with full payments on state aid that helped us avoid layoffs and unfreeze positions throughout the year.

“The difficulty we still face is prices of commodities, hiring and retaining great workers, as this continues to be difficult,” she said. “Overall, the budget you have before you provides more resources to the departments, adds in services that were previously cut or underfunded and strives to meet the needs of the residents of the city of Batavia.”

One solution for dealing with COVID-19 is you, says Genesee and Orleans health director

By Joanne Beck
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If you have been confused or concerned by the flurry of shifting, revised, questioned and debated pieces of information out there for dealing with COVID-19, one solution is pointing straight at you.

Do your research, talk to your own healthcare provider and self-report when diagnosed with the virus, says Paul Pettit, director of Genesee and Orleans County Health Departments. 

“Any time you have conflicting messages out there it does create confusion … who should they be listening to and why. We want people to be informed. It’s ok for people to question things, we want them to get the most factual information and make a decision based on that. Ultimately, everybody’s individual health care should be discussed with their doctor,” Pettit said during a livestream interview Monday with The Batavian.

Pettit suggests that people check out the Centers for Disease Control (CDC) and their own state and county health departments to make informed decisions. He’s not forcing any one answer on people, but asking that they acquire factual knowledge before making decisions about how to deal with COVID-19. 

Omicron, the latest — and apparently greatest variant in terms of infectious ability — may account for 85 to 90 percent of all positive cases in rural areas, Pettit said. There have been some 500 cases diagnosed locally just this past weekend alone, he said. Due to the quickly climbing numbers, the health department is changing the way it has handled contact tracing; it will be more of an individual responsibility for those 19 to 64 years of age, he said.

“It has to do with the extreme spread across the state. We just cannot keep up with the isolation and quarantine,” he said. “We’re trying to triage a response. We can’t get to all these contacts, we’re trying to use our resources the best we can.”

As of Monday, the system will depend on people who have tested positive for COVID-19 or have had close contact with someone who already tested positive, to self-report online. Go to www.GOHealthNY.org and choose the red COVID-19 Isolation & Quarantine Information button to be directed to the isolation and quarantine documents. For those who have tested positive for COVID-19, you will be contacted by NYS via email or text. Once you are notified of your positive results by the lab or NYS, immediately self-isolate and notify your close contacts of their potential exposure. For those that test positive in the 19-64 age group, follow the general directions that NYS provides for isolation and quarantine and contact your healthcare provider for medical advice.

For those in schools or congregate settings who are under the age of 18 and over the age of 64, contact tracing will continue as capacity allows, he said. 

Although the omicron variant is highly infectious and has caused breakthrough cases for a lot of vaccinated people, there is an upside, Pettit said. 
“The good news is that it’s not as severe,” he said. 

More cases and less severe does not mean ignoring a diagnosis. People should still heed the five-day isolation rule when their lab result is positive, he said. He has heard from many people that they have symptoms resembling a cold or mild flu, and are also known to the omicron variant: coughing, fatigue, a scratchy throat. He tells them all the same thing.

“The only way to verify (that it’s COVID-19) is to have a test,” he said. “Don’t go to work that day, don’t send your kids to school.”

Genesee County is just under 60 percent for those fully vaccinated, which is “pretty close to our counterparts in the rural region,” he said. The health department is fully stocked with vaccines and booster shots, and people just have to call and make the appointment. A much lower rate of Genesee County residents — 28 percent — have gotten their boosters, which have been shown to be “very effective” at preventing illness and slowing down the potential severity of the virus, he said. 

Interviewer Howard Owens, publisher of The Batavian, shared his own experience after receiving the single-dose Johnson and Johnson vaccine and, a six months afterward, the booster. He had direct exposure to someone who later that day was symptomatic and then diagnosed with COVID-19. Owens quarantined for five days and tested negative with no symptoms. He believes that’s a testament to the protection of the vaccines, he said. 

It’s that kind of personal responsibility that the health department is urging.

“We’re going with more of an honor system. We want people to be responsible, make those decisions and do their part to eliminate Covid within their communities,” Pettit said. “Our data is clearly showing that it prevents severity. With spread so high, we can all do our part. If out in public, put the mask on … more of the well-fitting masks. We’re encouraging people to go out and get their booster shots. Stay home, especially if you’re symptomatic. Hopefully, we’re going to start to see those numbers come down.”

To reiterate Pettit's press release issued last week, if you test positive for COVID-19:

  • Isolate for 5 days, where day 0 is the day of symptom onset or (if asymptomatic) the day of collection of the first positive specimen.
  • If asymptomatic at the end of 5 days or if symptoms are resolving, isolation ends and the individual should wear a well-fitting mask while around others for an additional 5 days.
  • Individuals who are moderately-severely immunocompromised should continue to follow standard (i.e., not shortened) Isolation Guidance.
  • Individuals who are unable to wear a well-fitting mask for 5 days after a 5-day isolation should also follow standard isolation guidance (i.e., 10 days, not shortened)
  • Quarantine (for those who have had close contact with a person who tested positive for COVID-19)
  • Quarantine as follows, where day 0 is the last date of exposure:
  • If not fully vaccinated or fully vaccinated and eligible for a booster but not yet boosted, quarantine for 5 days and wear a well-fitting mask while around others for an additional 5 days.
  • If fully vaccinated and boosted (with the booster at least 2 weeks before the first date of exposure) or not yet eligible for a booster, no quarantine is required but these individuals should wear a well-fitting mask while around others for 10 days after the last date of exposure.
  • If possible, test at day 5 with either a nucleic acid amplification test (NAAT, e.g., PCR) or antigen test.
  • If symptoms appear, quarantine and seek testing. In this situation, quarantine would end when the test is negative. If testing is not done, isolate according to the guidance above.
  • Quarantine orders and releases are also included on the GOHealthNY.org website for you to complete and provide to your employer/school.

For COVID-19 data please visit the NYS site: https://coronavirus.health.ny.gov/covid-19-data-new-york.





 

Video: Man rescued from attic window of house on fire in Corfu

By Howard B. Owens
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When Brian Schollard, a deputy coordinator with Genesee County Emergency Services and a former Corfu fire chief, arrives this afternoon at 13 East Main St., Corfu, he found heavy smoke coming from an attic window and a man hanging from the window trying to escape from the smoke.

Since no fire crews were on scene yet, he checked with a business across the street and the business did in fact have a tall ladder available.

Schollard and a Corfu patrol officer worked together to get the ladder in place and Schollard climbed to the attic window and helped the man, who has not been identified, down.

The victim had cuts on his feet and possible minor smoke inhalation, Schollard said.  He was taken to an area hospital for treatment and evaluation.

The cause of the fire is under investigation for Emergency Management Coordinator Tim Yaeger said it appeared to have started on the first floor.

(Initial Report)

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