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Four and a half years after a reorganization at the top of the Western Regional Off-Track Betting Corporation – action that advanced the careers of Michael Nolan of Elma and Henry Wojtaszek of North Tonawanda – things have turned ugly for the public benefit company that operates Batavia Downs Gaming, Batavia Downs harness racetrack and OTB parlors across 15 counties plus the cities of Rochester and Buffalo.

As reported by the Buffalo-based Investigative Post earlier this week, Nolan, WROTB’s chief operating officer until his dismissal last Friday, has enlisted the services of Steven Cohen of the HoganWillig law firm with the intent to file a civil lawsuit for at least $5 million in damages.

Nolan, in a Notice of Claim submitted on his behalf in September, alleges that he has been the target of a “deliberate, relentless and malicious campaign of harassment and hostility” by his superiors, President/Chief Executive Officer Wojtaszek and Board Chairman Richard Bianchi.

Both Cohen (this morning) and Daniel Oliverio of Hodgson Russ, the attorney representing WROTB (on Tuesday), spoke to The Batavian about the situation.

“Michael Nolan promoted transparency and believes in the organization, and his superiors wanted him to sweep things under the rug, which he refused to do,” Cohen said. “And now he’s being punished for it.”

Cohen said that Nolan has been ostracized and shut out of OTB developments since April of 2019 for sharing information with federal and state authorities as part of an inquiry into practices such as health insurance plans for board members, use of sports tickets and luxury boxes, and awarding of contracts.

“After speaking with other members of the board, the federal and state authorities were referred to Michael for specific answers to specific questions. Michael gave honest answers, and Michael’s superiors have maintained a policy of obfuscation and opacity, and are punishing Michael for being honest with the authorities,” Cohen added.

Oliverio said evidence gained through months of examination and interviewing of more than 30 witnesses does not substantiate Nolan’s claims, and that his termination was carefully considered and appropriate as it pertains to job performance.

“We are so sick of Steve Cohen and Mr. Nolan offering up absolutely false, unsupportable allegations about OTB and its officers and directors, none of which have been supported by any witnesses whatsoever,” Oliverio said. “We have done a thorough investigation over months – interviewed witnesses that Mr. Nolan told us to talk to and nobody supports his stories.”

Oliverio said that he has tried to sit down with Nolan to “find out what is on his mind, but his story shifts like grains of sand in the wind.”

Cohen: Problems Needed to be Addressed

Cohen said that Nolan “wanted to make OTB all that it could” by trying to rectify some problems, “but the greed of his superiors prevented him from doing so.”

“They didn’t want to put an end to board members receiving a lifetime health insurance (plan) that was valued at approximately $33,000 per year per board member,” he said, offering that opinions of the state attorney general and comptroller indicate that board members’ compensation should be limited to $4,000 per year.

Cohen said Nolan wanted to end that policy and his action caused Wojtaszek and Bianchi to retaliate against him. He also said Nolan shined a light on the improper use of luxury boxes and tickets to Sabres and Bills games and the “improper use of the VLT fund, or purse fund.”

“That purse fund is only supposed to be used to remunerate racehorse owners, but instead it was used as a general revenue source by OTB and Michael tried to put a stop to that,” he said.

Cohen said OTB officials have tried to stop the civil suit from being filed.

“They have invoked sections of the law, and they’re trying to delay us from filing this lawsuit,” he said.

Oliverio: Motivation is in Question

Oliverio said Nolan is not a whistleblower and is out to “impugn the integrity of the OTB board, Wojtaszek and others who operate the business from day to day.”

“He will tell you that the FBI called him as they were hearing some things that were going on at OTB that they wanted to look into. Now, Mr. Nolan’s a whistleblower,” he said. “Mr. Nolan has admitted to our investigators there’s nothing there regarding any of the allegations that have been made – regarding tickets and contracts, what have you.”

Oliverio said he can’t wrap his head around Nolan’s motivation.

“We don’t know if this is some type of political attempt to undermine the leadership of OTB; we can’t quite figure it out. But we don’t do press conferences like Mr. Cohen and Mr. Nolan. We do courtrooms, evidence, witnesses under oath and facts. If he’s going to make allegations, let’s prove them in a courtroom,” he said.

He said it could be “an attempted coup” by Nolan to replace Wojtaszek as president.

“Really, we have no idea. But, I’ll tell you what, we have spent a lot of money investigating these allegations and all these allegations about workplace harassment, and we can’t come up with one fact,” he said.

Health Insurance Ruling to Come

Oliverio acknowledged that directors receive a quality health insurance plan.

“They’ve never hid that, but it’s up to the comptroller of the State of New York to decide whether it’s appropriate or not and the comptroller is looking at it,” he said. “The comptroller has been asked to render an opinion and if the comptroller says you shouldn’t get it, then they’ll just discontinue it. If the comptroller says it is fine, then it is fine.”

Regarding tickets and corporate suites at sporting events, Oliverio said it is a nonissue.

“What a laugh. Nolan admits himself in an interview with our investigator, which was witnessed by two other people, there are no problems with the tickets. The tickets were used properly,” he said.

Oliverio pointed out that Nolan thought some contracts should have been put out to bid, but agreed that no laws were broken by not bidding them.

“His (Nolan) objections, as far as we can see, were with policies and process – not with any violations of the law. But there have been no allegations of violations of the law,” he said. “Certainly, Mr. Nolan has no right to offer that up because he’s not a federal prosecutor or state prosecutor, and we have not been told by any state or federal prosecutor or law enforcement officer that we violated any law whatsoever regarding tickets, contracts, promotions, anything else.”

The attorney said the matter is “frustrating” for WROTB and its board.

“That’s why we can’t wait to get into court,” he offered. “We hope that it will all come out why Mr. Nolan, if he continues his lawsuit, … was dismissed from OTB. We will do that in a courtroom, under oath, and not in a press conference. We look forward to it and we look forward to clearing some people’s reputations and names.”

Cohen Calls it ‘Pure Vindictiveness’

Cohen said Nolan found out that he was fired when he reported to work last Friday.

“When he went to show up for work, he was told he had been previously terminated,” he said. “Also, on Dec. 3 when his daughter broke her arm, that is when he learned that they had simply stopped his health insurance without prior notice. And that is pure vindictiveness – pure spitefulness – and that’s quintessential Wojtaszek and Bianchi.”

Cohen said the timing of Nolan’s termination speaks volumes.

“Had Michael’s termination not occurred over a year after he shared with his superiors that, at the request of other members of the board, he honestly answered questions of the FBI, U.S. Attorney and various New York State agencies, one might be inclined to entertain the possibility that Michael’s termination was performance based,” he said.

“But for over a year, after eight years of sterling performance evaluations, Michael was stripped of his duties as FOIL (Freedom of Information Law) officer and other key roles; he was ostracized by the president and chairman, and isolated and not permitted access to the data he needed to do his job.”

Oliverio disputes the contention that Nolan was wrongfully terminated.

“He was constructively discharged from OTB, and he makes a host of allegations about that, again, none of which we can find to be true by any witness or by any facts,” he said.

Nolan was set to receive a salary of $119,704 in 2021. In 2016, as the corporation’s executive vice president and chief operating officer, his annual pay was $102,096.

Aaric Luce won Le Roy Junior High's spelling bee on Tuesday by correctly spelling “Rectangular” in the final round.

Second place went to Jax Burnside.

Aaric advances to the regional competition.

Photo and information submitted by Tim McArdle.

Genesee County's unemployment rate was 4.6 percent in November, still a percentage point higher than a year ago, but a bit better than it was with October's 5.0 percent rate.

There are 27,000 county residents with jobs. There were 28,400 a year ago in November and 26,800 in October of this year.

There are 1,300 people actively seeking employment compared to 1,100 a year ago and 1,300 last month.

President Donald Trump, in the final month of his one term, issued 15 pardons today, including a pardon for former NY-27 congressional representative Chris Collins, who entered a guilty plea more than a year ago to federal crimes stemming from insider trading activity. 

Collins also admitted to lying to the FBI about using information that wasn't available to the public about Innate Immunotherapy to tip his son and other associates that led them to dump stock in the company before news of a failed trial reached other investors.

Even while under federal indictment for the crimes, Collins ran for reelection and won.

Collins was the first member of Congress to endorse Donald Trump for president in 2016 and served on the transition team after Trump beat Hillary Clinton.  

The second member of Congress to endorse Trump was Duncan Hunter Jr., of El Cajon, Calif. Hunter was also convicted of federal crimes related to his misuse of campaign donations for his personal benefit. Today, Trump also pardoned Hunter.

Photo: File photo: Collins, with his wife standing beside him, at a press conference in August 2018 when he denied the insider trading charges that had been filed against him that day in New York City.

Press release:

• Genesee County received 75 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bethany, Bergen, Byron, Corfu, Darien, Elba, Le Roy, Oakfield and Stafford.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Fifty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
  • Sixteen of the positive individuals are hospitalized.
  • Seven of the new positive cases are residents at Le Roy Village Green.
  • Three of the new positive cases are residents at Genesee Senior Living.
  • One of the new positive cases are residents at Premier Genesee.
  • Due to the increased positive cases reported yesterday, there was a mistake in calculating the number of active cases…today’s number has been corrected.
• Orleans County received 44 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Carlton, Clarendon, Gaines, Kendall, Murray, Ridgeway, Shelby and Yates.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s.
  • Two of the individuals were on mandatory quarantine prior to testing positive.
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.
  • Seven of the current positive individuals are hospitalized.
  • One of the new positives is a resident of Orchard Rehabilitation and Nursing Center.
  • One of the new positives is an inmate of the Orleans Correctional Facility.

Percent positive seven-day average as of Dec. 20, 2021 (https://forward.ny.gov/percentage-positive-results-county-dashboard):

• Genesee:  10.5 percent
• Orleans:  8.7 percent

Other than “a little arm soreness,” Laurie Kilbury Taylor, DO, an attending physician in the Emergency Department at United Memorial Medical Center, said she had no problem with the initial dose of the Pfizer COVID-19 vaccine and is looking forward – for a number of reasons – to completing the process.

Kilbury Taylor (pictured above) was among the first UMMC staff members to receive the vaccine – “I felt very privileged to be invited to be in the first group,” she said – and said all of her colleagues are on board with being vaccinated.

She took part in a Zoom videoconference interview this morning to give an update on how she is feeling and share some of her other thoughts after getting the first of two shots last Thursday.

“Right afterwards, I felt normal. There was no pain .. I had no side effects; I had no allergic reaction,” she said. “And then, I think later on in the day, I felt a little arm soreness and that extended until the next day.”

She said she took some ibuprofen when she got home and again the next day.

“That was about it. Since then, then I’ve been fine,” she added.

Kilbury Taylor said the procedure is similar to the flu and other vaccinations, noting that the arm soreness “is to be expected when they stick a sharp needle in your arm.”

“Maybe it was a little bit more than what the flu shot was, but much less than, say, the tetanus shot,” she said.

Still, she said she had no restriction of motion and was able to do everything she needed to do.

According to the Food & Drug Administration, side effects of the vaccine typically begin within two days and are resolved a day or two after that. The most common consequences listed are tiredness, headache, muscle pain, chills, joint pain and fever.

On a personal note, Kilbury Taylor shared that her 83-year-old mother, who has some medical issues, lives with her.

“I am always worried about coming home and having to take care of her and possibly transmitting COVID to her unknowingly because there are some asymptomatic carrier people,” she said. “Also, myself, if you haven’t noticed, I’m a little older and I do have asthma. So, for me being working in an environment where I’m constantly confronted with patients that have COVID or suspected COVID – although I’m wearing PPE (Personal Protective Equipment) -- it only takes once to touch your face when you don’t realize you’re doing it.”

Kilbury Taylor said the vaccine provides hope of ending the pandemic and help “to reduce this so we can get back to somewhat normal lives.”

“I am very hopeful that this can help us take care of our patients better, with more confidence. I hope that it will reduce transmission, and I hope, most importantly, is to reduce the severity,” she said. “Some of these people get very, very sick, and it may not prevent getting infected but it may – as the flu shot does – decrease the severity of the illness if you do get sick.”

She said she is scheduled to get the second of the two doses on Jan. 4. The two doses combined reportedly are 94- to 95-percent effective.

She also encourages people to not believe everything they read or hear on the internet or on social media.

“Despite the fear you see on the internet, those aren’t reputable sources … It was very easy, very little discomfort,” she said. “I’m excited. It’s something you can do for your family and the community …”

Kilbury Taylor said the vaccine gives her some “reassurance” that eventually she will have some protection against the virus.

“It’s not instantaneous. It takes a few weeks to build your immunity and get the booster shot. We, of course, will continue to use the PPE and wear our gowns and our masks and our shields, our gloves – and wash in and out – but it’s a sense of hope that eventually these restrictions will be relaxed,” she said.

Other doctors and medical professionals are ready and willing to get the vaccine, she said.

“They can’t wait to get the vaccine, and they’re worried. 'Are they going to run out before I get mine?’ is the biggest concern of the physicians.”

Photo courtesy of Rochester Regional Health.

Press release:

Assemblyman Steve Hawley has received his committee assignments for the upcoming legislative year, and will be serving on the committees for Agriculture, Insurance, Rules, Veterans’ Affairs and Ways and Means. Additionally, Hawley has also been reappointed as Deputy Minority Leader of the Assembly Republican Conference.

“I am honored to have been chosen once again to serve our conference as Deputy Minority Leader, and look forward to continuing to use my role in our conference to give a voice to the people of the 139th Assembly District, as well as working people and families from all walks of life throughout our state,” Hawley said.

As the Genesee County Police Reform and Reinvention Collaborative checks off the items it needs to cover per Gov. Andrew Cuomo’s Executive Order 203 on community policing, Sheriff William Sheron is taking it a step further by adding increased community input to the list.

Sheron addressed three more topics mandated in the executive order during Monday night’s Zoom videoconference meeting – hot spot policing, focused deterrence and crime prevention through environmental design – but also spoke at length about his department’s need to connect with the public.

“One of the things that needs to come out of this project is to develop a program to meet on a regular basis with the citizens of our county to identify their concerns about criminal activity,” Sheron said.

During the 40-minute meeting, the sheriff outlined several areas that could be improved by regular communication with government and civic leaders as well as residents.

• Annual Crime Statistics Report

Sheron said the plan is to put out a report within the next few months for 2020, detailing the types of crimes by town.

“I think it is very important that we get that out there so the citizens have a clear understanding of what the community is like, what kind of crimes that we are investigating. It’s transparency and I hope to resurrect that for 2020.”

• Regular Town Hall Meetings

Sheron said he looks to meet with community leaders and citizens to find what areas the community would like officers to focus on.

“We don’t formally hold meetings, but again that is an area of improvement. Typically, (we connect through) phone calls, emails, posting on our Facebook page or web page.”

• Speaking at Town & Village Board Meetings

Sheron said he hopes to contact town and village boards to have a spot on their meeting agendas to let them know what activities that are going on in their communities and to get some feedback and suggestions.

“That is something that I would include in the report (to the state by April 1) as that’s an area where we can improve,” he noted.

• Promoting the Tipline ((585) 343-3020) and a Webpage Link for Suggestions

The sheriff said the department receives calls on a regular basis about drug activity and other crimes, but agreed that it needs to be reinforced through public service announcements and other initiatives.

He also said that prior to the next committee meeting on Jan. 4, a link will be added to the Genesee County Sheriff’s Department website that citizens may utilize to submit comments, suggestions, complaints, etc., directly to the agency.

“I think that’s a great idea,” he said. “(Now, we really don’t have an area for suggestions and complaints. We will have a link on there for citizens to ask questions and provide information – good, bad and indifferent – and then we can follow up on that.”

HOT SPOT POLICING

Sheron defined hot spot policing as identifying and analyzing specific crime problems and locations and targeting resources toward solving those problems.

“We’re a little bit different in that we cover mostly a rural area opposed to an urban area, so our hot spot policing usually gets developed from citizen complaints – many to do with drug activity, a lot of vehicle and traffic complaints, or that we may be seeing an increase of burglaries or so forth,” he said.

Tools used in this regard, he said, including the Genesee County Drug Task Force (in conjunction with the other county police agencies), confidential informants, the City of Batavia Neighborhood and Enforcement Team, Police Traffic Safety grants, STOP-DWI, Monroe Crime Analysis Center and dedicated patrols in areas of potentially high drug, theft and traffic activity.

“We also have a patrol assigned to a 'hot spot' which is the core detail – Veterans Memorial (Drive) and that area with all the big box stores … where there is tremendous amount of traffic and considerable amount of theft in that area,” he offered.

“Again, this is much different than what you would see in an urban area like Rochester or Buffalo, where they have concentrations on violent crimes, shootings. We don’t have that in this area, thank God, but we do have ‘hot spot’ policing for specific situations."

FOCUSED DETERRENCE

Focused deterrence is a crime-reduction strategy, which aims to deter crime by increasing the swiftness, severity and certainty of punishment, usually directed at a specific crime problem such as gun violence, and primarily administered through prosecution and the courts, Sheron said.

Initiatives utilized in this area include KOPER Patrol, officers assigned to specific areas of suspected criminal activity; cooperation with the district attorney’s office, and the Genesee County Drug Task Force.

“Over the years, county court judges have been harsh with their punishment -- very stern with their sentences – and it sends a message clearly to those individuals that are coming in from outside this area to deal drugs in our communities,” he said.

CRIME PREVENTION/ENVIRONMENTAL DESIGN

The sheriff explained that attention to environmental design can help to increase the probability that an offender will be caught. Studies show that increased probability of capture tends to deter the commission of crime.

Examples of crime prevention through environmental design would be better lighting in crime-prone areas, conspicuous placement of security cameras with attendant conspicuous signage, elimination of shrubbery where it could serve as a hiding place for an attacker, etc.

In Genesee County, the Sheriff’s Office works with businesses, schools and individuals on crime prevention and personal safety issues; employs Civilian Response to Active Shooter Training, Neighborhood Watch, school resource officers, information about scams against the public, compliance checks at establishments that sell or serve alcohol and responsible server training.

He mentioned that cooperation among all law enforcement agencies in Genesee County goes a long way in the success of these programs.

“We do have a tremendous sharing of information and cooperation between the city and county,” Sheron said. “Genesee County as a whole … I don’t know if I’ve ever seen the cooperation as good as it is now.”

John Spyropoulos spotted a pair of bald eagles feasting on a deer carcass this morning along the Tonawanda Creek along South Main Street in Batavia. He submitted this photo where you can see one of the eagles at the top of a tree.

Press release:

Congressman Chris Jacobs (NY-27) helped pass a targeted, bipartisan COVID-19 relief package today in the House of Representatives.

“After months of deliberation, countless calls for targeted aid from my Republican colleagues and me, and hours of hard work, we have finally passed a bipartisan COVID-19 relief package through the House of Representatives,” Jacobs said. “This relief has been long overdue, and I am disappointed in the last-minute, rushed process that got us here. But I am glad this necessary aid is finally making its way to the people of NY-27.”

“Notably, this relief includes key provisions I strongly advocated for the past few months, including more small business relief through the successful Paycheck Protection Program (PPP) and tax-deductibility for PPP loan-covered expenses. For months, $138 billion in appropriated funding has sat waiting to be used.

"Now, that money and more will be available to millions of small businesses and employees. This aid comes at a critical time when New York small businesses are facing new restrictions and arbitrary shutdowns. We are also tackling key priorities like funding for the safe reopening of our schools, direct assistance to families in need, supporting farmers, and ensuring Americans receive safe and effective COVID-19 vaccines.”

The bipartisan COVID-19 Package includes important priorities:

• $284 billion to extend the Paycheck Protection Program and allow for both first and second-time borrowers to receive loans.
• $15 billion in aid for entertainment venues, movie theaters, zoos, and museums.
• Makes Paycheck Protection Program loan-covered expenses tax-deductible.
• $48 billion for the purchase and distribution of vaccines and state testing assistance.
• $600 stimulus checks for both adults and dependents.
• $300 per week in supplemental unemployment benefits.
• $92 billion to support the safe re-opening and operating of universities, schools, and childcare centers.
• $7 billion for high-speed internet development, including $300 million in rural broadband funding.
• $13 billion in funding to support American farmers, including funding for the Coronavirus Food Assistance Program (CFAP).

“Finally, although regrettably not included in this package – I remain committed to fighting for aid for local governments,” Jacobs said. “There is still work left to do in the new Congress, but this legislation is a major step toward supporting the American people and bipartisan cooperation.”

Press release:

• Genesee County received 159 new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Byron, Corfu, Darien, Elba, Le Roy, Oakfield, Pavilion and Stafford.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
  • One hundred and 12 of the previous positive individuals have recovered and have been removed from the isolation list.
  • Fourteen of the positive individuals are hospitalized.
  • Twenty-eight of the new positive cases are residents at New York State Veterans Home at Batavia.
  • Two of the new positive cases are residents at the Le Roy Village Green.
  • We are saddened to report the loss of a resident of the Batavia VA Medical Center. The individual was over 65. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.
• Orleans County received 76 new positive cases of COVID-19.
  • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Gaines, Kendall, Murray, Ridgeway, Shelby and Yates.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Eight of the individuals were on mandatory quarantine prior to testing positive.
  • Seventy-two of the previous positive individuals have recovered and have been removed from the isolation list.
  • Six of the current positive individuals are hospitalized.
  • One of the new positives is a resident of Orchard Rehabilitation and Nursing Center.
  • Two of the new positives are inmates of the Orleans Correctional Facility.
  • We are saddened to report the loss of an Orleans County community member. The individual was over 65. We do not provide any further information to protect the privacy of the individual and their family. Our deepest condolences to the family and friends during this very difficult time.

The federal government’s decision to not include funding for state and local governments in the latest stimulus package is disappointing, according to City of Batavia and Genesee County municipal officials.

“It is very disappointing, especially considering that our frontline workers – our police and fire personnel – have been dealing with COVID for many months and we could really use that money right now,” Interim City Manager Rachael Tabelski said today.

On Sunday, Congressional leaders agreed to a $900 billion stimulus bill that, per a report in The Washington Post, will release a second stimulus check of up to $600 to qualifying adults and their dependent children -- but not dependent adults.

The package also extends a federal unemployment benefit check of $300 per week for another 11 weeks and the Payroll Protection Program to cover employee wages.

Democrats were unable to deliver direct funding to states and local governments, but they were successful in getting $22 billion to help municipalities with expenses such as COVID-19 testing and vaccines.

Tabelski said the city continues on its COVID-19 austerity budget this year, and isn’t planning on any revenues from the federal government as it embarks on its 2021-22 budget that takes effect on April 1. Staff is working on the spending plan now, she noted.

“We are projecting 20-percent cuts in state aid next year, and we’re still operating under that premise for this year,” she said.

She also said it is “concerning” that Gov. Andrew Cuomo indicated he may put off drafting the state’s 2021-22 budget until February or March as he holds out hope for federal support.

“We are planning our budget and they are going to wait in Albany. Normally, the state puts out a (preliminary) budget in the first few weeks of January. It is another challenge we have to face, but we’ll get through it,” she said.

Genesee County Manager Matt Landers said, “I’m definitely disappointed in the fact that no money is there for state and local governments, but I’m glad that there is was a package put together that benefits a large number of our citizens in other ways – with the stimulus checks, with extending unemployment benefits, with additional assistance for fighting COVID."

Landers said that since he had already budgeted for 20-percent less in state aid, “the lack of a relief for the state government should not have any further impact on us.”

“I budgeted very conservatively, assuming we wouldn’t get any relief and, so far, it looks like it was a good idea,” he added.

Woodrow C. Horseman, 44, no permanent address, is charged with second-degree assault. Batavia Police Officer Peter Post arrested Horseman at 9:03 a.m. Dec. 9 on North Street, Batavia. It is alleged that Horseman struck another male in the face multiple times with his fists, causing serious physical injury to the victim. Horseman was arraigned in Batavia City Court and jailed without bail. He was due back in city court Dec. 17. Post was assisted by Officer Felicia DeGroot in this case.

Alex Scott Dumbleton, 27, of West Main Street, Batavia, is charged with: endangering the welfare of a child; second-degree burglary -- illegal entry into a dwelling; first-degree criminal contempt -- violating an order of protection with physical contact; second-degree criminal contempt -- disobeying a court order; and criminal misdemeanor -- acting with intent to damage property. Dumbleton was arrested on the charges at 1:05 p.m. on Dec. 11 at an apartment on Pearl Street in Batavia. He was arraigned virtually in Batavia City Court and held in jail on unspecified bail. He was due back in city court Dec. 15. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Felicia DeGroot.

Blake R. Terry, 20, of North Spruce Street, Batavia, is charged with third-degree assault. He turned himself in at Batavia PD headquarters during the afternoon of Dec. 14 on an arrest warrant out of Batavia City Court that stemmed from a reported physical altercation Oct. 8 on Bank Street, Batavia. He was arraigned virtually in city court and released on his own recognizance. Terry is due in city court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot.

Alicia M. Lyons, 41, of Washington Avenue, Batavia, is charged with second-degree menacing. Lyons was arrested at 2:05 p.m. Dec. 10 at the Kwik Fill at Jackson and Ellicott streets in the city after it was reported that she displayed a knife after an altercation with an employee. She was issued an appearance ticket and is due in Batavia City Court on Feb. 2. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Kevin DeFelice. 

Christopher A. Sewar, 34, of Liberty Street, Batavia, is charged with second-degree criminal contempt. He was arrested after an investigation of an incident that occurred Dec. 4 wherein Sewar allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on March 2. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer John Gombos.

Dennis Paul Kiener, 49, of Hagen Avenue, North Tonawanda, is charged with: driving while intoxicated, with a BAC of .08 percent or greater; DWI; moving from lane unsafely; and speed not reasonable and prudent. Kiener was arrested at 3:48 a.m. on Dec. 19 on Sand Hill Road, Tonawanda Indian Reservation, following a single-vehicle accident. He was released on appearance tickets and is due in Alabama Town Court on Jan. 13. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Austin Heberlein.

Terry Michael Roth, 45, of West Main Street, Batavia, is charged with: driving while ability impaired by drugs; moving from lane unsafely; and expired vehicle inspection. He was arrested at 12:52 p.m. on Dec. 19 following an investigation into an accident that occurred at 5:06 p.m. on Oct. 30 on East Main Street in Batavia. Roth was issued uniform traffic tickets and is due in Batavia City Court on Feb. 24. After his arrest, he was released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

Craig James Alexander, 48, of Lewiston Road, Alabama, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI; and moving from lane unsafely. Alexander was arrested at about 11 p.m. on Dec. 17 on Albion Road in Oakfield after a single-vehicle accident. He is due in Oakfield Town Court on Jan. 18. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Matthew Metahan Osmancikli, 28, of South Lake Road, Pavilion, is charged with second-degree harassment. He was arrested at 2:45 a.m. on South Lake Road after an alleged physical altercation with another person. He was released with an appearance ticket to be in Pavilion Town Court on Jan. 5. The case was handled by Genesee County Sheriff's Deputy David Moore.

Press release:

Genesee County announced holiday hours for free drive-thru COVID-19 self-administered rapid testing for residents who are asymptomatic (no symptoms, not feeling sick, etc.).

Free testing will be available on Tuesday, Dec. 22^nd and Tuesday, Dec. 29^th from 1 until 4 p.m. There will be no testing on Thursday, Dec. 24^th (Christmas Eve) and Thursday, Dec. 31^st (New Year’s Eve).

The testing is at Genesee County Emergency Management Office & Fire Training Facility, at 7690 State Street Road in the Town of Batavia.  

“County workers and others across the community who are volunteering their time at our drive through testing site have been going above and beyond duty and we want them to take some time during the holidays to be with their families,” said Genesee County Legislature Chair Shelley Stein.

“As we are reminding them and are reminding the community, even though it is such a special time of the year to keep your gatherings limited for everyone’s safety.”

To schedule a test, you must register online here. Anyone needing additional help for online registration may contact the Genesee County Health Department at (585) 344-2580, ext. 5555.

“We want to avoid delays and get as many people tested as possible, so registration is a requirement,” said Genesee County Health Director Paul Pettit. “Registering is easy and takes only a few minutes and it really helps in keeping the flow moving at the testing site.”

As a reminder, anyone who had a recent potential exposure to COVID-19 should not recommended to be tested until at least five days have passed since the exposure.

In addition to registering for the test, please keep in mind the following guidelines:

• Make sure you have a pen in your vehicle.
• Everyone in the vehicle is to have their mask on when they pull up at the testing site.
• A parent or guardian must be present for any individual under 18 who is going to be tested.
• Those who are tested could get a call fairly quickly from an unknown number; please answer the phone as staff cannot leave messages and can only give results to the individuals tested or the guardian of those under 18 years of age.

Press release:

With a bipartisan spending and COVID-19 relief deal just reached, U.S. Senator Charles Schumer detailed its pending impact on Upstate New York as more than $50 billion.

The deal includes direct stimulus checks, extending enhanced unemployment insurance, and secures another round of forgivable PPP for small businesses, restaurants and nonprofits across the state. As part of the deal, more than $13 billion flows DIRECTLY to New York State government via education funding, vaccine distribution, COVID-19 health funding, emergency assistance for renters and more.

“Today’s deal marks $50 billion-plus for New York workers, families, renters, communities, healthcare organizations and New York government —the things the federal government must immediately fund to get us through this pandemic,” Senator Schumer said. “This marks the second biggest relief bill in the nation’s history—second to the CARES Act—and it delivers aid that is urgently needed by the unemployed, by renters at risk of losing their homes, by small business owners throughout New York that are worried about going out of business, by people seeking vaccination, by schools that spent money to keep kids safe, by families struggling to make ends meet and so much more.

"Clearly, there is more to be done –this is not a stimulus this is an EMERGENCY SURVIVAL bill, and we will fight for more relief under President(-elect) Biden, because this crisis is not over. New York State governments will directly receive over $13 billion dollars in a variety of ways from mass transit aid, to education aid, to money for vaccinations and testing.

"In addition to direct stimulus checks, extending enhanced unemployment insurance, this deal provides another round of PPP and grants for small businesses across the state, including set-asides for minority-owned and other underserved businesses and new larger forgivable loans for restaurants as part of a funding bridge to the Biden Administration where we will fight secure additional relief."

“In addition, the center of New York’s cultural life—independent music and live event venues, independent movie theaters, museums and other cultural institutions—will receive dedicated aid to stay alive here in New York. Direct aid in the form of education funding, transit funding and highways, vaccine distribution and COVID health funding, along with emergency assistance for renters are just some of the immediate ways this legislation will help the state and city’s budgets amid the crisis."

The details and the impact on New York appear in the breakdown below. These numbers are tentative.

DIRECT AID TO NEW YORK STATE GOVERNMENTS

$5.8 Billion – Education Stabilization Fund

• $4B – Elementary and Secondary School Emergency Relief Fund, provides relief to K-12 public schools across the State of New York.
• $1.4B – Higher Education Emergency Relief Fund, directs funds to New York’s university system, like SUNY and CUNY.
• $313M – Governor’s Emergency Education Relief Fund, the governor can use these funds at his discretion to support the state’s K-12 education and higher education needs related to COVID-19. 

----Including a set-aside that will be prioritized to private schools serving low-income students who have been affected by the COVID-19 pandemic.

$200 Million – Emergency Transit Relief will support county bus services and upstate transit agencies.

$426 Million -- Critical aid to the New York State Department of Transportation (NYSDOT) to backstop declining revenues and support construction jobs.

$105.5 Million – Relief for New York airports to continue operating safely during the pandemic. Upstate airports will receive: $6.4M for the Hudson Valley, $6.5M for the Capital Region, $6.9M for Central New York, $4.8M for the Finger Lakes, $7.6M for Western New York, and $4.1M for the Southern Tier. 

COVID HEALTH & RELIEF

$1.6 Billion – Vaccine, Testing, and Tracing, and Flexible Local Health Funding: $810M for NYS and $810M for NYC

• $135M for NYC for vaccine distribution
• $135M for NYS for vaccine distribution
• $675M for NYC testing, tracing, isolation support and COVID-19 mitigation
• $675M for NYS testing, tracing, isolation support and COVID-19 mitigation

RENT & EVICTION RELIEF

$1.3 Billion  -- Emergency Rental Assistance funding. This is a historic and unprecedented federal emergency rental and utility assistance program. It will assist multiple New York government entities and by extension help provide critical aid to keep thousands of New Yorkers safely in their homes.

The CDC federal eviction moratorium will also be extended until Jan. 31 and can be extended further by the next administration.

EMERGENCY CHILD CARE GRANTS

 $465 Million – Child Care Development Block Grants (CCDBG) – These funds ensure that the child care sector will continue to assist essential workers and working families, and to support child care providers in meeting their increased operation costs during the pandemic.

FEMA DISASTER RELIEF FUND (DRF)

$1 Billion -- FEMA estimates that in Fiscal Year 2021 New York will receive about $1 billion in FEMA aid for COVID-19 alone. Schumer just negotiated an increase of these funds in this Disaster Relief Fund (DRF) account.

 

***$13+BILLION DIRECT TO NEW YORK GOVERNMENTS***

 

THE DIRECT CHECKS, UI & FEMA FUNERALS

Over $6.5 Billion for NY in Enhanced Unemployment Compensation – This bill provides billions in additional federal relief for struggling New Yorkers by extending the historic unemployment insurance reforms established in the CARES Act through March 14. Importantly, it reinstates the critical lifeline of the enhanced unemployment assistance, providing an additional $300 per week on top of all state and federal unemployment benefits. The bill also:

• Extends the Pandemic Unemployment Assistance program, which provides unemployment benefits to the self-employed, freelancers, gig workers, part-time workers and other New Yorkers in nontraditional employment, and increases the number of weeks of PUA benefits an individual can claim from 39 to 50.
• Provides 24 additional weeks of federally funded unemployment insurance benefits to New Yorkers who have exhausted their regular state benefits.
• Continues the full federal financing of state Shared Work programs, allowing thousands of New York employers to keep their valued employees on payroll during this downturn.
• Delivers a federally funded $100 per week additional “mixed-earner” benefit to New Yorkers who have a combination of traditional (W-2) and independent employment (1099) income and are disqualified from receiving PUA because they are still eligible for regular state benefits.

$9 Billion for New Yorkers – Direct cash payments to New Yorkers, including $600 for individuals making up to $75,000, $1,200 for couples making less than $150,000, and an additional $600 per child. This amounts to $2,400 for a family of (4).              

$260 Million – FEMA’s funeral assistance – financial aid to those who have lost a loved one among the over 35,000 deaths in New York caused by COVID – which comes at no cost to the state. This historic use of FEMA’s funeral assistance program ensures those grappling with unspeakable loss are not also saddled with the financial burden of exorbitant funeral costs.

RELIEF FOR NEW YORK SMALL BUSINESSES, FAMILIES, LIVE VENUES, CULTURAL INSTITUTIONS AND OTHER ENTITIES

Over $20 Billion for New York – Small Business Administration Paycheck Protection Program (PPP) to provide a second round of forgivable loans to New York small businesses, including restaurants, nonprofits and grant assistance to very small, underserved businesses and live venues, independent movie theaters, and cultural institutions, as well as:

• New dedicated set-aside for PPP lending through Community Development Financial Institutions, Minority Depository Institutions, and other community lenders to reach minority-owned and other underserved small businesses and nonprofits.
• New dedicated set-aside for very small businesses to gain greater access to PPP.
• New larger forgivable loans for the restaurant and hospitality industries and the ability to use funds for PPE, outdoor dining enhancements, and more.
• “SAVE OUR STAGES” ($15B NATIONALLY) -- Dedicated relief for Broadway, comedy halls, music venues, other live entertainment, independent movie theaters, and cultural institutions—New York is positioned to get a large share of the $15 billion. 
• Housing cooperatives, tourism organizations, and local newspaper, TV and radio stations made eligible for PPP.
• $10,000 SBA grants will be available for very small and underserved businesses in low-income communities.
• Provides $3.5 billion to resume debt relief payments of principal and interest (P&I) on small business loans guaranteed by the SBA under the 7(a), 504 and microloan programs.
• Includes $2 billion to enhance SBA’s core programs, including 7(a), Community Advantage, 504, and the Microloan program, by making them more affordable and useful to small businesses.
• SBA Microloan Program is funded at $57 million to provide technical assistance and leverage about $64 million in microloans for minority-owned and other underserved small businesses.

The bill also extends and expands the refundable Employee Retention Tax Credit. The extension of this tax credit, through July 1, will help keep thousands of additional New Yorkers on payroll and small and mid-size employers all across New York afloat.

$15 billion to renew the CARES Act Airline Payroll Support Program which will save thousands of New York airline jobs by keeping workers on payroll without furloughs or reducing pay rates and benefits until March 31 New York will receive sizable share of these funds.

$1 billion in CARES ACT Contractor Payroll Support Program will help thousands of New York’s aviation industry contractor workers keep their paychecks.

CONNECTING MORE NY FAMILIES TO BROADBAND

$7 billion -- Emergency Benefit for Broadband Service to provide free or low-cost broadband service to low-income families or those who have been recently laid off or furloughed due to the COVID-19 pandemic. New York will receive sizable share of these funds.

NY HOSPITALS & HEALTH CENTERS

$1 billion to New York in support and relief for hospitals, mental health, community health centers and providers.

NEW YORK NUTRITION ASSISTANCE

$13 billion nationally in Nutrition Assistance (NY will get a sizable share), which includes:

• A 15-percent increase in SNAP benefits from January through June 30 to support the nearly 2.8 million New Yorkers who receive benefits;
• Increased access to nutrition benefits by waiving college student work requirements;
• Provides $5 million to add additional retailers to online SNAP, including for farmers markets and direct to consumer sales;
• Additional funding for the Emergency Food Assistance Program (TEFAP) to fund the continued work of New York’s food banks;
• Funding for senior nutrition through the Commodity Supplemental Food Program (CSFP) and Meals on Wheels program;
• Includes critical improvements to the Pandemic-EBT (P-EBT) program, which provides additional nutrition benefits for families with children who are eligible for free school lunches to help cover the cost of meals children would have otherwise received at school; 
• Allocates $4.6 billion nationally to expand P-EBT by extending the program to help cover cost of meals for kids enrolled in childcare programs;
• Nutrition assistance grants for Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands;
• Funds to support the food supply chain through food purchases, donations to food banks, and support for local food systems.

NEW YORK AGRICULTURAL ASSISTANCE

$13 billion nationally in Agricultural Assistance (NY will get a sizable share), which includes:

• $400 million set aside to support dairy product donations to encourage donations of dairy products and minimize food waste;
• $325 million set aside for specialty crops, including $225 million for supplemental payments to producers of specialty crops for losses in 2019 and $100 million for Specialty Crop Block Grants (SCBG) to support investments in specialty crop marketing, increasing training, and research investments;
• $100 million for the Local Agriculture Market Program (LAMP), which supports the development and expansion of local food businesses and markets, and helps increase consumer access to locally and regionally produced agricultural products;
• $28 million in state block grants to support farmer and rancher stress management and mental health.

NEW YORK FISHERIES ASSISTANCE

$300 million nationally in fisheries assistance, which includes:

• $300 million available nationally for assistance to fisheries participants to help mitigate coronavirus-related economic impacts;
• $30 million set aside for Tribal fisheries of federally recognized Tribes and Alaska Native groups;
• $15 million set aside for fishery participants in states bordering the Great Lakes.

****ROUGH TOTAL FOR NEW YORK: $54+ BILLION****

A trio of ladies who have never met before got together yesterday to help spread some holiday cheer at a time when our local “Holiday Man” has been missing in our hearts. 

Bob “The Holiday Man” Zeagler spread much joy, smiles and laughter to many people in about a decade of his festive decorated Jeep Wrangler and clothing attire. He passed away in 2016.

Bob dressed up for every holiday occasion, which he had a different outfit for nearly every month of the year. The group organizers pictured from left above are Courtney Dawson, Jenn Noon and Danielle Nigro. They wanted to brighten the holidays since the past year has been difficult for so many. They want to make it an annual event.

A Facebook group started some discussion to dress up their vehicles “Bob style” to make it fun and entertaining for all.  About a dozen vehicles of parents, kids and families took part in driving around to many streets around Batavia showing off their vehicles in a drive-by mini parade.

Many local businesses helped support the event and after it concluded they were going to meet back at Ficarella’s Pizzeria to pass out prizes for various categories and the kids who participated.

When Bob’s wife, Bridget, was contacted about the event, she was overwhelmed with joy to see it take off. She spoke about how Bob used to travel to Walmart, the Broadway market sharing his joy with many people, and how he loved to make the children smile. She also said how happy he would be to see everyone dress up their vehicles like he did -- Bob style.

Photos by Steve Ognibene.

To view more photos from the event, click here.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.22, up 6 cents from last week. One year ago, the price was $2.55. The New York State average is $2.30 – up 4 cents from last week. A year ago, the NYS average was $2.69. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.23 (up 1 cent since last week)
• Buffalo -- $2.24 (up 5 cents since last week)
• Ithaca -- $2.26 (up 1 cent since last week)
• Rochester -- $2.27 (up 4 cents since last week)
• Rome -- $2.35 (up 2 cents since last week)
• Syracuse -- $2.26 (up 8 cents since last week)
• Watertown -- $2.33 (up 3 cents since last week)

After gas demand reached a low point recently, it is now on the rise according to the Energy Information Administration (EIA). The latest report shows that gas demand increased while supplies tightened amid lower refinery utilization. After decreasing for four weeks, the increase in gas demand has helped to push pump prices up across the country.

The increase in the national average is likely temporary as the country enters the winter driving season — a time when gas demand typically hits the lowest levels for the year.

Crude prices also rose due to a weak dollar and increasing investment based on market optimism that coronavirus vaccines will help crude oil demand recover in 2021. Higher crude prices have also helped to lift pump prices since the price of oil makes up over half of the cost of gasoline. Continued positive news about the vaccines will continue helping the domestic price of crude rise.

From GasBuddy:

"The sudden spike in gas prices last week was brought on by a continued rise in the price of oil, which jumped last week to nearly $50 per barrel, the highest we've seen since March, when prices collapsed due to COVID-19," said Patrick De Haan, head of petroleum analysis for GasBuddy. "While last week's gas price surge isn't likely to repeat this week, it could be a sign of things to come in the year ahead.

"A weakening U.S. dollar and vaccine optimism continued to push oil higher last week, along with stock markets. While some are wrongly pointing to the coming shift in the White House as driving up prices, I can assure motorists that what we're seeing has nothing to do with such a change and everything to do with market optimism that demand will rise, and the weaker dollar, which makes oil cheaper to anyone holding non-dollar currencies, putting upward pressure on demand."

Press release:

The staff at The Manor House would like for you to send their seniors holiday cards, who especially need them because of COVID-19 restrictions and not being able to see their families for the holidays.

We want to show them how much the community cares and is thinking of them!

We are also looking for cards for three very special ladies who turn 100, 101 and 102 in January! 

There are boxes for cards and pictures at the front doors of The Manor House at 427 E. Main St. in the city or mail to the attention of Kristin Cronk at that address.

Happy holidays and stay healthy!

Press release:

What are you doing during the COVID-19 Pandemic? The folks at the Hollwedel Memorial Library in Pavilion would like to hear from residents about this historic time by publishing a collection of stories that they share about their lives in the pandemic.

They are putting out a call for residents to share their memories and accounts to be published in a book entitled, “Covid Community Chronicles – Our Lives During the Pandemic.”

“As this is a distinct time in our lives and in the world, we would like to capture a bit of what everyday life was like in our area during the Pandemic," says Josselyn Borowiec, library director. "A collection of short accounts along with photos will be something we can keep to document and share what life was like in our community. We all had to find different ways to work, learn and spend our time with each other, and we would like to have a permanent record of that here at the library.”

Plans for the book include accounts of how people are spending this time in their lives, what they learned, how normal routines changed, what was hard for them to deal with and/or what they will remember most about it. Residents are also encouraged to send along a photo or photos that they would like to use along with the stories that they share. 

“This time in our lives has impacted us deeply, and I know that people have had to change many things over the past several months," says Joan Gray, library board president. "We think it is important for people in our community to share our challenges, and to preserve what was important. When the collection is complete, we will also provide a way for people to order their own copy of the Covid Chronicles."

“There are submission forms at the library for anyone to pick up and use to share their story,” says Borowiec. “Of course, people can just write their account or memory and provide that to us as well.”

Residents are asked to email, mail, or drop off their stories and/or photos about this time in our local history. A short, signed permission form granting the library use of their stories and photos will need to be completed.

The permission form to publish photos and stories is available online and at the library. The email address to send submissions is:   hollwedellibrary@gmail.com.  

The very first entry in the book will be from the Hollwedel Memorial Library’s Board of Trustees. It is an account of what happened starting on March 20, when all nonessential businesses had to close.

“The challenges of navigating the COVID-19 pandemic surfaced to substantially change all we were used to in our library lives,” writes Joan Gray, “It is now November 2020 and the ‘new normal’ is a fluid reality. But working together we rose to the challenge throughout these many months to figure out safe and innovative ways to serve our patrons and surrounding communities."

Information about “Covid Community Chronicles” as well as the other programs and services available at the library, can be found on the library’s website at www.HollwedelLibrary.org.

Residents with questions can also contact the library by phone at (585) 584-8843 or stop by 5 Woodrow Drive in Pavilion. 

Current library hours are: Monday and Wednesday 2 to 7 p.m. / Friday 1 to 5 p.m. / Saturday 10 a.m. to noon / Closed Tuesdays, Thursdays and Sundays.