Considerable grant funding has enabled the Genesee County Public Defender’s Office to handle its caseload, provide technology for its attorneys and keep the line of communication with its clients open, Public Defender Jerry Ader said Tuesday.

In his 2021 report to the Genesee County Legislature’s Public Service Committee, Ader said he was “pleased” about the grant funding, noting that the department’s staff -- which includes six full-time and one part-time assistant public defenders -- is “adapting and being flexible as we deal with the (COVID-19) pandemic.”

“All in all, we’re doing pretty well, all things considered,” he said.

His report indicated that his office is “directly related to the protocols and procedures in effect by the courts and, to a lesser degree, the Department of Corrections and Community Supervision.”

Ader said grant money has enabled the purchase of laptops for each of the lawyers, vital to efficiency as much work is being done remotely, and more and more appearances are “virtual.” 

The office received a grant to devise a better video conference setup between attorney and client, one that features a plexiglass shield for the conference table, wall-mounted television, and premium air purifier.

Additionally, the office continues to receive grant funding from the New York Indigent Legal Services Office and “notwithstanding the financial constraints New York faces … we continue to receive full reimbursement for our claims on this funding,” Ader said.

He said the second year budget of a five-year contract with ILS was approved and will provide more than $650,000 to the department. Focus on the third-year budget will be on renovating part of the former Engine House restaurant to make it Americans with Disabilities Act-compliant for access to the second floor and to build office space.

Financial incentives from ILS are allowing staff members to appear at all off-hours arraignments, no matter what time of day, Ader said. He said his office is working with local judges to appear regularly for arraignments on appearance tickets during regular business hours.

Ader said there is talk about continuing virtual arraignments after the pandemic subsides, but thinks “it will meet a lot of resistance post-pandemic.”

On the subject of staffing, he said he hopes to fill the vacant paralegal position once vaccines for the pandemic are more widely available and being taken by the general public.

“We have 2021 grant funding to increase our staff by one senior assistant public defender and one social worker, but hiring will depend on the availability of space and approval by the Genesee County Legislature,” he said.

The Genesee County Legislature’s Public Service Committee on Tuesday voted in favor of appropriating more than $11,000 in citizen donations to the ongoing renovation project at the Genesee County Animal Shelter at 3841 W. Main Street Road.

The approved resolution calls for using $11,437 in donations in order for contractors to epoxy coat additional flooring and provide fenced-in tops to the moveable kennels that are proposed for the “stray side” of the shelter.

Highway Superintendent Tim Hens, in reporting to the committee, said these items were not included in the original plan.

Afterward, he went into more detail about the project, which has a price tag of more than $220,000.

“The floors are being resealed and re-epoxied, primarily for bacteria control and cleaning,” he said. “The what we call ‘stray side’ of the kennel – the naughty side of the kennel, per se – is basically being redone. We’re putting automatic flush drains in the floor drain so that cleaning and sanitation can happen easier and quicker.”

Other improvements, mostly to facilitate the housing of dogs, include weatherization, regrouting and the introduction of mobile kennels, he said.

“There’s the weatherization of the enclosure around the kennels so that the external portions of the kennels are heated and conditioned as well as the inside. We are doing substantial regrouting and repointing of all the block and tile work in between the actual kennels themselves,” he said.

Hens said the pole barn-type building “looks nice on the outside” but is 20 years old, resulting in the rotting out of materials and ground that are constantly exposed to urine, feces and water.

“That is being replaced, and we’re swapping out for mobile kennels, primarily so the volunteers and the staff can move kennels around,” he added. “We’re trying to create a quarantine space for contaminated animals and things like that.”

The number of animals at the shelter, which is under the supervision of the Sheriff’s Office, varies from week to week, he said, noting that recently there were 57 dogs and cats at the facility.

Construction is underway, he said, but has been delayed a bit due to COVID-19-related supply-chain issues. He said he hopes to have the work finished by April.

In other action, the committee approved the following resolutions, which will be forwarded to the Ways & Means Committee and/or the entire legislature for final voting:

• Extension of a contract with GLOW Counties and Environmental Enterprises Inc. for the GLOW Household Hazardous Waste Collection Program at a cost not to exceed $33,000 for 2021.

GLOW Solid Waste Coordinator Peggy Grayson said the county has contracted with GLOW Counties and Environmental Enterprises for 17 years and has received exceptional service. She said collection of household goods is scheduled for Sept. 18 at the Wyoming County Highway Department in Rock Glen and collection of electronics will take place on Sept. 25.

• Amending the Sheriff’s Office budget to use $79,921 this year in available grant funding from the Division of Homeland Security & Emergency Services, New York State Governor’s Traffic Safety Committee and an agreement with the Village of Bergen to provide additional services.

The grants include two DHSES grants ($47,661), a NYS GTSC Police Traffic Services Grant ($27,000) and the Village of Bergen agreement ($5,260).

Sheriff William Sheron said the DHSES money will be used to place laptop computers, radios and other communications equipment in patrol cars, while the Police Traffic Services Grant funds will be used to pay overtime necessary to support the program’s requirements.

Available funds from the Village of Bergen contract will be used as warranted to provide additional patrols in the village during the spring and summer months, he said.

The committee also accepted a $2,000 grant for the Sheriff’s Office to participate in the statewide Child Passenger Safety Program between Oct. 1, 2020 and Sept. 30, 2021.

Sheron said deputies would be available to show people how to properly install child safety car seats and to provide seats, if necessary.

• Approval of special events applications at the Genesee County Park and Forest, a memorandum of understanding and a donation to support a Student Conservation Association internship as the county continues its relationship with the Association for Conservation of Recreational and Natural Spaces.

The ACORNS group will be using the park for a music event on Aug. 7 and a 5K/10K trail run and walk fundraiser on Oct. 3. Proceeds are used to assist the county with future programming, donations and other support.

The memorandum of understanding solidifies ACORNS’ standing with the county, according to Highway Superintendent Hens, who reported the organization has grown from 16 to 50 members who help the county promote the park.

ACORNS has donated $5,700 to the county to fund a 16-week, full-time SCA intern, whose responsibilities will include overseeing volunteers and assisting with environmental education.

Legislator Christian Yunker praised ACORNS, stating that the group “does tremendous things to support the county park.”

Photo: Zack Gilebarto and Stone Silverling combined for 41 points on Tuesday night to lead host Batavia to a 62-51 win over Greece Olympia to raise its record to 4-0.

An emotional Senior Night at Batavia High School started off for Head Coach Buddy Brasky introducing his senior players by player appreciating them for the hard work and dedication.

This despite a season that was going to be empty -- with no stats, records and history for the basketball squad in the nearly 40 years of his coaching career due to the coronavirus pandemic. These boys were excited to play when they found out that the season was a go.

The Devils opened up with a six-point early lead in the first quarter. The Greece Olympia High School Spartans came within two, 11-9 after one quarter.

A seesaw second quarter exchanged buckets by both teams to a 17-17 tie with two minutes left in the half. A big three-point bucket by senior Zack Gilebarto ignited the Devils to a 10-point run to make it 27-17 with 20 seconds left. At the half, Batavia led by seven, 29-22.

In the third quarter, Batavia expanded its lead to 41-25. GO was held to only 6 points in the quarter.

Midway through the fourth GO showed some signs of life with 10 points by Nate Miller and eight points by Darrell Williams, but Batavia held on to win. Gilebarto scored 22 and Stone Siverling 19, while Alex Hale tallied 12 points for Batavia.

Batavia will play Greece Olympia on the road this Saturday at 2:15 p.m.

To view and or purchase prints, click here.

Photos by Steve Ognibene.

Acknowledging that there are obstacles to overcome before a shared jail with Orleans County is a reality, Genesee County Manager Matt Landers today said the firm hired to design a proposed 184-bed facility is being called upon to update its study.

“Even though the study we had done that was the basis for the design work on the jail is only about three-, three-and-a-half years old, a lot has happened in those three-, three-and-a-half years,” Landers said during the Genesee County Legislature’s Public Service Committee meeting at the Old County Courthouse. “So, we are having SMRT (the architectural firm) update the study.”

Not much has been said about the jail in recent months as the county – as well as the entire nation – has been dealing with COVID-19 and budgetary concerns stemming from the pandemic.

In June, Landers reported that the county closed on the land acquisition – a parcel just east of County Building 2 on West Main Street Road – and the schematic designs of the jail were complete.

The county has contracted with SMRT and Pike Company Inc., the construction manager, for about $2.3 million and $1 million, respectively.

Landers said discussions with Orleans County officials have resumed, and they are encouraged by wording in the New York State budget “that seems to make it easier for counties to share a jail.”

“NYSAC (New York State Association of Counties) has indicated that when they advocated for this budget, they were actually looking at us, specifically, as a possibility (for a shared jail),” he said. “We’re hoping that the governor’s office will be able to assist us with additional funding.”

Originally, the plan was to build the jail in the fall of 2019 – 184 beds with a maximum population of 144. Landers said he’s not so sure that 184 is the right number now.

“Because of the bail reform, and the reformed bail reform, and current environment, we want to have an updated number,” he said. “When people were asking me, ‘Matt, why are we looking at a jail at 184 beds?’ I want to say that we had a study done by people who do this for a living.”

He said an update of the study will “kill two birds with one stone” as it will determine the jail bed needs for both Genesee and Orleans counties, and he doesn’t anticipate a lot of extra work to update the report.

“It’s something that we really should do anyway for our own bed needs. We, at the same time, are monitoring the state budget … and working with Orleans County and looking at the vast number of hurdles that are still out there,” he said.

Landers said if all goes well, a groundbreaking could come in the spring of 2022, but “it will take further discussion with the legislature, building consensus on the size and scope (of the project).”

This evening's sunset from Kelsey Road, Batavia.

Photo by Cory Coles.

Press release:

Call for Nominations      

The Genesee County & City of Batavia Youth Boards are looking for nominations for their annual Youth Recognition Celebration.

There are three awards presented at the Youth Recognition Celebration:

• Youth Recognition Award — This award recognizes young people who have performed exceptional service to the community and/or have assumed extraordinary roles in their families. Typically, the best candidates for this award are high school students, but we also know there are 12-, 13-, 14-year-olds who exemplify distinctive qualities of service. Several youth will be recognized; however the Youth Boards reserve the right to limit the number of recipients.
• Adult Volunteer — This award recognizes an adult who provides service as a volunteer to youth in Genesee County.
• Adult Youth Worker — This award recognizes a youth service professional whose work surpasses normal expectations.

Nominations are due by Friday, March 5.

For more information or to receive nomination forms, please call the Genesee County Youth Bureau at 344-3960 or email: youthbureau@co.genesee.ny.us. The forms are also on the Youth Bureau page of the Genesee County website.

From the city Department of Public Works:

The offices of the Department of Public Works Administration and the Bureau of Inspection will be closed on Monday, Feb. 22, for mandatory training.

The offices will reopen on Tuesday, Feb. 23.

Anyone needing to do business with either office please plan accordingly.

From Rochester Regional Health:

As cases of COVID-19 are trending downward in our community, Rochester Regional Health is welcoming visitors back to our hospitals seven days a week.

It is because our community and teams continue to follow safety guidelines that we’ve seen a decrease in infections. Please continue to wear your mask, practice hand hygiene and stay socially distanced wherever possible.

It’s also important to get vaccinated when a vaccine is available to you, although current supplies are limited.

Here’s information on how we’re scheduling vaccination appointments for eligible patients, including those with chronic conditions. We also recommend checking the Finger Lakes Vaccination Hub to confirm your eligibility and view vaccination appointments throughout our region.

Looking for COVID-19 testing? Wait times at our Immediate Care locations are now updated live online.

A police officer is responding to 100-200 block of Hutchins Street in the city for a complaint of a dog left outside for most of the day without food or shelter. It's 18 degrees outside and there has been light snow flurries off and on during the day.

UPDATE 5:09 p.m.: The officer located the canine and calls for an animal control officer to be dispatched to the scene. 

Data Update – 

• Genesee County received 39 new positive cases of COVID-19 since Friday afternoon through the Presidents’ Day holiday weekend.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.  
• Forty-seven of the previous positive individuals have recovered and have been removed from the isolation list.  
• Fourteen of the current positive individuals are hospitalized.
• One of the new positive individuals is a resident of the Premier Genesee Center for Nursing & Rehabilitation.

Orleans County received 15 new positive cases of COVID-19 since Friday afternoon through the Presidents’ Day holiday weekend.

• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 30s, 40s, 50s, 60s and 80s.
• Forty-one of the previous positive individuals have recovered and have been removed from the isolation list.
• Two of the current positive individuals are hospitalized.
• One of the new positive individuals is a resident of the Villages of Orleans Health & Rehab.

James Tillery is proud to know Mr. Wirt Fuller. Fuller is a veteran, and to Tillery, "a hero and an honest man."

The 73-year-old Fuller is also the guy who plows all of his neighbor's drives on Farwell Drive and some on Elm Avenue, too, Tillery said.

Tillary moved to Farwell Drive in 2016 and Fuller has been plowing the drives on Farwell every winter since at least then.

"He does it and puts pride into doing it and never asks for anything in return," Tillery said. "The best neighbor! It can be a total of zero visibility and he still braves the elements to make sure we are all clear of heavy snow and ice.

"Mr. Fuller has gone up and beyond just being a neighbor," Tillery added. "He is considered a personal friend to all of us in the Farwell neighborhood."

Photo submitted by James Tillery.

Interview with Shawn Heubusch, chief of police, Batavia.

A possible structure fire, with heavy smoke, is reported at Hickory Lodge, College Village, 8170 Batavia Stafford Townline Road.

Town of Batavia fire is dispatched.

UPDATE 2:53 p.m.: The apartment requires ventilation.

Three-year-old Matthew helps his father, Tom Cunningham, shovel snow on Kibbe Avenue.

Kathy Ferrara clears the sidewalk outside her business on East Main, Batavia's Original Pizzeria.

Dave Graney shoveling snow on Ellicott Avenue.

Elmwood Cemetery

Kibbe Park

Ellicott Street at Liberty Street

East Main Street

Snowman on Ganson Avenue

Traffic control is needed at Ag Park Drive West and Ellicott Street Road, Batavia, because a tractor-trailer "is tipping over." Law enforcement is responding.

Press release:

The U.S. Department of Agriculture announced an extension of eviction and foreclosure moratoriums on USDA Single Family Housing Direct and Guaranteed loans through June 30. The actions announced today (Feb. 16) will bring relief to residents in rural America who have housing loans through USDA.

“USDA recognizes that the COVID-19 pandemic has triggered an almost unprecedented housing affordability crisis in the United States," said USDA Deputy Under Secretary for Rural Development Justin Maxson. "That’s why USDA is taking this important action today to extend relief to the hundreds-of-thousands of individuals and families holding USDA Single Family Housing loans.

"While today’s actions are an important step for them, we need to do more. The Biden Administration is working closely with Congress to pass the American Rescue Plan to take more robust and aggressive actions to bring additional relief to American families and individuals impacted by the pandemic.”

A recent Census Bureau survey showed that 8.2 million homeowners are currently behind on mortgage payments, and of that 8.2 million, 3 million homeowners behind on payments were Black or Hispanic.

This effort underscores a commitment by USDA to bring relief and assistance to farmers, families and communities across the country who are in financial distress due to the coronavirus pandemic.

In January, USDA took action to bring relief to more than 12,000 distressed borrowers of USDA farm loans by temporarily suspending past-due debt collections, foreclosures, non-judicial foreclosures, debt offsets or wage garnishments, and more. Learn more at the following link: USDA Temporarily Suspends Debt Collections, Foreclosures and Other Activities on Farm Loans for Several Thousand Distressed Borrowers Due to Coronavirus.

Visit www.rd.usda.gov/coronavirus for additional information on USDA’s Rural Development COVID-19 relief efforts, application deadline extensions and more. USDA Rural Development will keep our customers, partners and stakeholders continuously updated as additional actions are taken to bring relief and development to rural America.

Homeowners and renters can also visit www.consumerfinance.gov/housing for up-to-date information on their relief options, protections, and key deadlines from USDA, the Department of Housing and Urban Development, the Department of Veterans Affairs, the Federal Housing Finance Agency, and the Consumer Financial Protection Bureau.

Medal of Honor recipient David G. Bellavia is being honored by the 1st Infantry Division at Fort Riley in Kansas as part of the Big Red One Year of Honor Opening Day events.

The event includes a street dedication in the name of Bellavia, with a street on the base becoming Bellavia Way. Three other streets will be renamed in honor of three other Medal of Honor winners this year.

Throughout the year, the 1st Infantry Division will celebrate the Big Red One Year of Honor, a yearlong tribute to the 37 Big Red One soldiers who have been awarded the nation’s highest honor.

Bellavia served in 3rd Platoon, Alpha Company, 2nd Battalion, 2nd Infantry Regiment, 3rd Brigade Combat Team, 1st Infantry Division.

After failing to find the range in a loss to Notre Dame on Saturday, senior guard Bryn Wormley hit her first three three-point shots tonight and went on to score a game-high 29 points to spark the Batavia High Lady Devils to a 69-34 victory over host Greece Odyssey in Monroe County League girls' basketball action.

It was the first win in four outings for Batavia, which raced to 13-point first-quarter lead and never looked back against Odyssey, 0-2.

Wormley's sharpshooting in the game's first five minutes propelled Batavia to an 11-2 advantage. She then converted a pass from senior guard Mackenzie Reigle to make it 13-2. A basket by Tess Barone, a steal and layup by Reigle, and a 15-footer from the side by Haylee Thornley made it 19-6 after one period.

Batavia blew the game wide open in the second quarter, outscoring the home team 19-2 behind Wormley's 11 points -- all on two-point baskets and foul shots.

Odyssey rallied in the third quarter, outscoring Batavia 19-9 to cut the deficit to 47-27, before the Lady Devils put up a 22-point fourth quarter to win going away.

Reigle filled the stat sheet -- recording a triple-double with 14 points, 14 assists and 12 rebounds -- and came up with seven steals, while Barone tallied nine points, and Thornley added eight points. Batavia made nine of its 14 free throw attempts.

For Odyssey, three players -- Sienna Tyo, Janayla Hunter and Asia Philip -- each scored nine points.

Batavia's next game is Wednesday at Greece Olympia.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with: petit larceny; menacing a police officer; and criminal possession of a weapon in the fourth degree. Lyons was arrested on Feb. 5 following an investigation of a larceny that occurred at 5:37 p.m. that day at the Kwik Fill on Jackson Street in the city. When confronted by law enforcement, Lyons allegedly brandished a knife toward a police officer. She was arrainged in city court and was due there on Feb. 10. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Mitchell Cowen.

Lucas H. Benjamin, 69, of Bank Street, Batavia, is charged with forcible touching. He was arrested at about 2:20 p.m. on Jan. 28 after allegedly inappropriately touching an employee at a business on Bank Street in the city. He was issued an appearance ticket to be in Batavia City Court on March 9. The case was handled by Batavia Police Officer Miah Stevens.

Jason L. Jones, 49, of 76 Road, Brooktondale, is charged with: trespass; first-degree reckless endangerment; second-degree assault; and operating a vehicle with suspended registration. On Feb. 8, Jones was located on Jefferson Avenue in the City of Batavia and taken into custody without incident on an arrest warrant out of city colurt. The warrant stems from an incident on Dewey Avenue in Batavia that occurred at 5:25 a.m. Dec. 16. It is alleged that Jones struck a female with his vehicle during a domestic incident, causing injury to the victim. Jones was arraigned and put in jail on $2,000 cash bail or $4,000 bond or $8,000 partially secured bond. Jones is due in city court March 11. The case was handled by Batavia Police Officer Felicia DeGroot.

Alexander L. Baldwin, 32, of East Main Street, Batavia, is charged with third-degree grand larceny. He was arrested Feb. 8 after a fraud complaint on North Street in the city alleging that he was paid money for a construction job he never began. He was arraigned in Batavia City Court, released under supervision of Genesee Justice and is due back in court April 15. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

James Erick James, 41, of West Creek Drive, Webster, is charged with endangering the welfare of a child and second-degree harassment. He was arrested Feb. 12 on a warrant out of Town of Bergen Court and transported to Genesee County Court for virtual arraignment. His case stems from an incident (unspecified) that occurred at 4:43 p.m. on Dec. 14 on Route 33 in Bergen. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

Daniel Myles Macleod, 33, of East Main Street, Corfu, is charged with: aggravated driving while intoxicated; aggravated unlicensed operation in the first degree; driving while intoxicated -- with a previous offense; circumventing a required ignition interlock device; refusal to take a breath test; speed not reasonable and prudent; and operating an unregistered motorcycle. Macleod was arrested Feb. 13 at 4:22 p.m. after an investigation of a  motor-vehicle accident that occurred at 5:45 p.m. Nov. 27 on Alleghany Road in Darien. Macleod was issued traffic tickets and is due in Town of Darien Court on April 6. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien.

Patrick Thomas Fuhr, 61, of Union Street, Cheektowaga, is charged with: reckless driving; obstructing governmental administration in the second degree; failure to signal, operating an unregistered motor vehicle on a public highway; and aggravated unlicensed operation in the second degree. At 4 p.m. on Jan. 29, Genesee County Sheriff's deputies attempted to contact Fuhr on Buffalo Road in Bergen, and he allegedly tried to flee the scene once they made contact. He is due in Bergen Town Court on March 3. The case was handled by Deputy Ryan Young.

Brandon C. Smart, 43, of Highland Park, Batavia, is charged with: harassment in the second degree; criminal trespass in the second degree; and criminal mischief in the fourth degree. Smart was arrested after a domestic incident on Liberty Street that occurred at 11:15 a.m. on Feb. 8. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court on March 25. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Connor Borchert.

Shaun Marquise Dukes, 39, of Elba Street, Rochester, is charged with: aggravated unlicensed operator of a motor vehicle in the first degree; unregistered motor vehicle; and uninspected motor vehicle. On Feb. 12 Dukes was arrested at 8:43 a.m. on Route 33 in Stafford after a traffic stop. It is alleged that Dukes was operating a motor vehicle and had a revoked non-driver indentification card with 27 suspensions/revocations. Dukes was released with appearance tickets and is due in Stafford Town Court on March 16. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Randy L. Ridd, 63, of Williams Street, Batavia, is charged with petit larceny. He was arrested after an investigation of an incident that occurred at a business on East Main Street in Batavia at 11:28 a.m. on Feb. 7. It is alleged Ridd took laundry detergent pods from a store without paying for them. He was issued an appearance ticket to be in Batavia City Court on April 27. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 3:11 p.m. on Jan. 29 at the Kwik Fill on Jackson Street in the city. She was released with an appearance ticket to be in city court April 13. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Cameron Jacob Sokolowski, 28, of River Street, Batavia, is charged with petit larceny. He was arrested Feb. 5 after a shoplifting complaint at a store on Veterans Memorial Drive in Batavia at 10:58 a.m. It is alleged he stole items from the store. He was taken to jail then released on an appearance ticket to be in Batavia Town Court on March 11. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Mathew Clor.