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At the suggestion of the Genesee County Chamber of Commerce’s tourism staff and Airbnb officials, County Attorney Kevin Earl and Manager Matt Landers today led a discussion about changing a local law to impose a “bed tax” on residents who rent out their homes on a limited basis.

Speaking at the legislature’s Ways & Means Committee meeting, Earl said he is communicating with representatives of Airbnb, the popular vacation rental online company that helps (for a commission) homeowners arrange lodging for tourists.

His proposal, if supported by the legislature, would generate additional income for the Chamber to run its tourism operations.

“First of all, the Airbnb proposed agreement applies to occupancy taxes – bed taxes as we call them … and the second thing is the important discussion we have to have (because as of now) our law has an exemption for under six units,” Earl advised.

The attorney said a house being rented out for travelers would be considered as one unit.

“So, we would have to have the consent to go ahead and change that to allow the law to apply for under six units,” he said. “Number three is a corollary of that, if we do that, we want to make sure that if somebody rents their house or apartment for a couple days, a couple weekends or one week, that they don’t have to go through all of the process (of) collecting and enumerating bed tax to the county.”

Less Than Six Units, More Than 10 Nights

He then suggested changing the law so that it would apply to less than six units, but only under circumstances when they are rented for more than 10 nights during an entire calendar year.

By modifying existing law, the 3 percent bed tax currently in place for motels and hotels would also be charged to the rental units (homes, apartments and even the small structures at campgrounds).

The hotel adds this charge to the customer’s bill (which also includes an 8 percent sales tax) and remits this occupancy tax payment on a quarterly basis to County Treasurer Scott German, who then appropriates it to the Chamber for tourism purposes.

A nickel of each dollar generated is kept by the county as an administration fee and the remaining 95 cents goes to the Chamber..

Landers said the proposal “has been expressed to us as a matter of fairness because this is something that would even the playing field. Hoteliers have to pay this and (there are) people who are utilizing Airbnb services throughout our county.”

He also mentioned that he did a “quick search” a couple summers ago and found that there were 28 of the Airbnb-variety units in the county, giving him reason to believe a change in the law would be warranted.

“If there was one or two, maybe it wouldn’t be worthwhile but there is enough out there and something that our Chamber of Commerce has expressed interest in exploring,” he said.

He reported that Airbnb has similar contracts with other New York counties.

Landers: Looking for a Consensus

“Kevin and I didn’t want to go through the process of making all these changes – it’s a policy change – if the legislature didn’t have the desire to go forward with these changes,” Landers said. “We can come back again in the future with actual recommended changes of the local law and go to a public hearing … if there is a consensus.”

Legislator Gary Maha asked Landers if he has an estimate of the amount of revenue that would be realized by such a change. The county manager said he did not, referring back to the 28 units he identified a couple years ago but didn’t have a breakdown of the dollars received.

“It’s nothing that would come to the county … the lion’s share goes directly to the chamber,” he said. “This is an area I think will only grow in the future. Airbnb is getting more households and is easier to deal with, and revenue is probably going to be growing. I can’t tell you an estimate of how big it is right now, but if I had to place a guess, it’s only going to go up.”

Legislature Chair Rochelle Stein asked if the modified local law would have an effect on campsites “where folks have those little houses that folks can rent.”

“If they rent those through Airbnb at a campground will that be impacted? And are campgrounds that have those little chalets, I’ll call them tiny houses, are they already paying a bed tax and a sales tax?”

German responded affirmatively, noting that Darien Lake’s campground has “several of those little huts and they are being taxed at 3 percent.”

Law Would Target Booking Companies

Earl said wording of a new law would have general language that would define Airbnb as well as businesses such as Flipkey, HomeAway and VRBO as booking companies.

“So, this will apply to any that are now known or any in the future. We will make the definition broad enough so that if XYZ company comes in as a booking agent – and even realtors (who) could possibly book houses,” he said.

Committee Chair Marianne Clattenburg asked if the new law was implemented, would the Chamber help promote those individuals and companies offering homes for rent by including them in a list available to the general public. Landers said he would expect that to be the case and would share her view with the Chamber staff.

Still, at first sight, she sees the proposal as “more regulation” and said she needs more information before supporting it.

Legislator Christian Yunker asked who is responsible for keeping track of the number of nights and the revenue -- Airbnb or the homeowner?

Landers said that while Airbnb captures the money and remits the funds to the county, individual owners would have to provide a report to the treasurer’s office for reconciliation purposes. Hotels and campgrounds also are subject to that requirement, he added.

Klotzbach contended that Airbnb should be responsible for reporting, but Landers and Earl said the company just wants to pass the money along and is not in favor of a process where individual homeowners’ identities are disclosed.

There's a Cost of Doing Business

At that point, Landers shifted the debate by offering to change the time period.

“Instead of 10 days, if we really want to capture people that do this a lot, then it could be over 30 days or over 60 days,” he said. “I guess at that point you should know if you’re renting a place out for that many days in a row that’s a cost of doing business versus maybe two weeks out of the year, you rent the place out or you’ve got a room that you’re renting out and it’s something you don’t think about.”

He said the county doesn’t seek to be “overly regulatory” but acknowledged the request from the tourism agency “that was hit particularly hard during COVID as a way to capture revenue from people outside of our area to assist with tourism.”

Legislator John Deleo said he didn’t have a problem with someone trying to make some extra money to “keep the water level below their nose” but agreed with Clattenburg that more information is needed before deciding.

Earl said there is no time limit, but is ready to move forward when the legislature approves. Clattenburg then asked Landers and Earl to provide further details while Ways & Means does its own research.

Press release:

Assemblyman Steve Hawley joined other legislators in the Assembly Minority in calling on the governor to ensure the Consolidated Local Street and Highway Improvement Program (CHIPS), PAVE-NY, and Emergency Winter Recovery Fund remain fully funded, if  funding is not increased.

This effort comes after the governor's 2021-22 Executive Budget proposed cutting all funding for the Emergency Winter Recovery Fund and shifting a significant portion of CHIPS funding to signature projects, as opposed to core preservation, which maintains local roads and infrastructure. 

While unfunded state mandates placed on localities have increased over the last decade, CHIPS base-level funding has remained stagnant since 2013. Local governments are responsible for maintaining about 87 percent of all roads in New York State and half of the state’s 18,000 bridges, of which 36 percent of bridges are deficient. Additionally, 38 percent of roads in the state have been rated poor or fair.

“By maintaining and improving our roads, we create jobs, make our communities safer, and avoid larger problems that may otherwise arise in the future,” Hawley said.

“Cutting Emergency Winter Recovery funds would only slow our economic recovery, and we should instead be talking about increasing CHIPS funding to put people to work and give families, businesses and healthcare providers the means to get where they need to be safely and efficiently."

UPDATE: Statement from U.S. State Department:

The welfare and safety of U.S. citizens abroad is one of the highest priorities of the Department of State. We are aware of a U.S. citizen missing in Ecuador. When a U.S. citizen is missing, we work closely with local authorities as they carry out their search efforts, and we share information with families however we can.

A Batavia resident with years of volunteer service locally and overseas, including the Peace Corps, is reportedly missing in Ecuador.  

Travis Sackett has reportedly been missing since Feb. 21 after going on a hike to the Imbabura Volcano.

Recently, he has been a volunteer at a farm in Ecuador.

The U.S. Embassy in Ecuador has reportedly been notified that Sackett hasn't been heard from since he left for the hike. Local search efforts began on Feb. 25.

The Batavian has been unsuccessful in attempts to confirm his status either through a family member or by contacting the U.S. Embassy in Ecuador or the U.S. State Department. 

Cassie Toulet-Crump has set up a GoFundMe page to assist his mother, Lucy Sackett, with expenses related to the search for Travis, including a reward. 

The GoFundMe page says Sackett's parents are offering a $1,000 reward for information that leads to the safe return of their son. Donations will help increase the possible amount of the reward.

Word of Sackett's possible disappearance and the GoFundMe page has been spread widely in the community over the past 24 hours over social media and local email chains.

Data Update – 

• Genesee County received 21 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • 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, and 50s. 
• Thirteen of the previous positive individuals have recovered and have been removed from the isolation list.  
• Three of the current positive individuals are hospitalized.
• Fourteen of the new positive individuals are inmates at the Buffalo Federal Detention Center.

 

Orleans County received seven new positive cases of COVID-19.  

• 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, 20s, 50s and 60s.
• Two of the new positives were under mandatory quarantine prior to testing positive.
• Three of the previous positive individuals have recovered and have been removed from the isolation list.
• One of the current positive individuals are hospitalized.

Submitted photos and press release:

The BCSD Foundation lnc.'s Board of Directors is pleased to announce the recent recipients of the BCSD Foundation Apple award. Each building’s Custodial/Maintenance Team was recognized on Thursday, Feb. 25 for their efforts in making each building safe and clean for all members of the school community.

Robert Morris/District Office

We would like to recognize Jason DeGraff and his team and all they have done to coordinate a successful and safe reopening for students and staff. It was an “all hands-on deck” environment at the start of the 2020-21 school year. From helping deliver meals, to cleaning, to maintaining the grounds and so much more, we thank you for all your hard work.

(Below, from left, Foundation Board Member Cheryl Kowalik, District Facilities Director Jason DeGraff, Foundation Member Bobbi Norton, and Superintendent Anibal Soler Jr.)

Batavia High School

We are so appreciative of everything Paul Miller and his team have been able to do to ensure we opened without an issue and have remained open for our BHS Family to come together in our own way. Between measuring for social distancing, moving classroom furniture, helping with procedures and cleaning, making sure everyone is happy and safe, this integral team has been like no other. Because of their processes and determination, we were able to start clubs and activities without an issue. The faculty, staff, students, parents and administration thank you for everything you have done (and continue to do) to make the 2020-2021 school year a success.

(Below, from left, BHS Head Custodian Paul Miller, two of his team members, and Foundation Board Member Dave Chua.)

Batavia Middle School

Prior to his retirement Fran O’Geen, and now Val Zinni and their crew have outdone themselves keeping BMS clean and safe. The custodial staff is very responsive to any emergency cleanups throughout the day and the evening crew prides themselves with sanitizing all the spaces. It is a pleasure working with this group of individuals. Thank you!

(Below, Foundation Board Member Dave Chua and BMS Head Custodian Val Zinni.)

John Kennedy School

There's so much that we are grateful for when it comes to our JK buildings and grounds team. There’s really no job, task, and request that they can’t handle and they always respond with a smile. Louis, Sherry, Mark, Frank, Tim, your energy and enthusiasm adds to our team at JK each and every day. You are each so important to the learning and teaching that we strive for with our students.Thank you for your dedication to our staff, students, and building while keeping us all safe and healthy. You are an integral part of the JK Family and we are lucky to have you! Thank you!

(Below, custodial staff member, Foundation Board Member Dave Chua and JK Head Custodian Louis Smith.)

(Below, JK Head Custodian Louis Smith holds Apple Award, flanked by members of his custodial team.)

Jackson School

Our Jackson custodians are top notch. Working in a primary school there are many “spills." Our custodians get called several times a day to help. During this pandemic, we have had to monitor and adjust. Our custodians have shown understanding when they go to clean a classroom and a teacher is working late. They understand and go back to cleaning that room later. They are always willing to help everyone. They create a climate where teachers feel they can ask for help and receive it. They always have smiles on their faces and are always willing to lend a hand. Our Jackson custodians are responsive to any requests. They make sure the building is kept clean and comfortable and this makes everyone feel welcomed. Thank You to Dave, Patrick, Jim, Dominic and Debbie for all of your hard work. It does not go unnoticed. You are so deserving of this award. Thank you! Congratulations!

(Below, the custodial team at Jackson School, with Foundation Board members Cheryl Kowalik and Bobbi Norton at right in front, respectively.)

The BCSD Foundation Apple award is given by a member of the school and/or local community to a Batavia City School District employee or volunteer. In the opinion of those giving the honor of this distinction, the awardee has gone above and beyond in their role and is being recognized by one or more people for these accomplishments.

Local artist, Mark Jensen, will be making each individual resin apple -- none will be exactly the same. If you are interested in giving a Foundation Apple award, please submit your nomination form and $75 (payable to the BCSD Foundation Inc., 260 State St., Batavia NY 14020 att: Allison Chua). Nomination forms may be found on our webpage.

Community members with questions are asked to email us at:  foundation@bataviacsd.org

Press release:

The New York State Department of Taxation and Finance today reminded taxpayers that they can receive the refunds they’re owed up to two weeks sooner by e-filing their return and choosing direct deposit.

E-filing is safer, faster, and more efficient than sending paper returns through the mail. And you’ll receive your refund faster if it’s directly deposited into your bank account rather than mailed as a paper check.

“Combining the power of electronic filing and direct deposit is the most secure and efficient way to submit your tax return and receive any refund due,” said New York State Commissioner of Taxation and Finance Michael Schmidt.

“We strive to issue refunds as quickly as possible, and you can help by filing an accurate return and choosing to have your refund directly deposited into your bank account.”

To use direct deposit, simply check direct deposit on your tax return, then enter your bank’s nine-digit routing number and your account number. For checking accounts, this information is available on your checks; for savings accounts, contact your bank.

If you forgo the simplicity and convenience of direct deposit, make sure your mailing address is correct when requesting a refund check by mail. Any error can delay your refund.

Prepare and file your income tax returns for free

Free File software is now available at the Tax Department website, www.tax.ny.gov. Taxpayers with income of $72,000 or less in 2020 can electronically complete and submit their federal and New York State income tax returns online at no cost.

Nearly 255,000 New York taxpayers used our Free File software last year, saving themselves a combined $51 million in the process. To be directed to the free filing options, simply click Free File your income tax return on the Tax Department’s website. It’s easy, fast and secure.

To ensure you're not charged a fee, you must go to the Tax Department’s website to complete your return. You’ll save on preparation fees, prevent costly errors, and ensure that you receive any refund you’re owed in the most efficient way possible.

Check your refund status

Taxpayers can also quickly view the status of their New York State tax refund anytime by using the Check your Refund application on the Tax Department website: www.tax.ny.gov. It’s the fastest and most convenient way to know when to expect your refund. It’s updated daily and provides the same information available to our phone representatives—only without the wait!

You can also find out when your refund will be issued by signing up for Tax Department email alerts. Visit the Tax Department homepage at www.tax.ny.gov and select Subscribe under the Connect With Us heading at the bottom of the page.

Press release:

The Salvation Army Women's Auxiliary of Batavia is sponsoring a Chicken and Biscuit Dinner, Basket Raffle and Easter items table sale on March 20.

The "cash and carry" table sale includes "brand-new" decorative items and children items for $1, $5 or three for $10.

This dinner is take out only from 4 to 6 p.m. or until sold out. The dinner includes mashed potatoes, vegetables and dessert.

Presale tickets for $10 each are available at The Salvation Army, 529 E. Main St., Batavia. Phone is (585) 343-6384.

Tickets are also available from Women’s Auxiliary members or at the door.

Winners of the Basket Raffle will be contacted by phone and can pick up the items at The Salvation Army.

The Batavia Town Board Tuesday night tabled action necessary to advance a community solar project on Ellicott Street Road – the pros and cons of which have been dissected and discussed by engineers, developers, planners and neighbors for the past year and a half.

Introduced in June 2019, the proposal from Cypress Creek Renewables LLC calls for placement of two solar farms on property owned by Don Partridge at 5117 Ellicott Street Road.

One, Trousdale Solar I, is a 5-megawatt array on 18.2 acres of a 65-acre parcel, and the other, Trousdale Solar II, is an adjacent 4-megawatt system on 19.6 acres of a 71-acre parcel of farmland off Route 63, southeast of the city.

Town planners at their meeting via Zoom videoconferencing last night were looking to proclaim a negative declaration for the State Environmental Quality Review, which deals with the projects’ combined effect on the land, and also to approve separate site plans and special use permits for the two tracts.

During the SEQR process, however, Steve Tanner, a planning board member, said it would be wise to get an updated visual impact study as he had concerns over the proposed screening of the layout from neighboring properties.

Cypress Creek representatives Jerry Leone and civil engineer Nick Hawvermale indicated that they had addressed the town’s request to mitigate any visual impacts by moving a portion of screening (trees, etc.) further south, closer to a neighbor’s property.

After hearing Tanner’s request for photos to be taken from the neighbors’ view, Leone asked Town Engineer Steve Mountain for assistance in obtaining access. Mountain said that would be possible, noting that landowners have been accommodating to the town on other projects.

With an eye on making this happen before the board’s next meeting on Feb. 16, Leone said his company is “prepared to move quickly.”

Planning Board Chair Kathleen Jasinski brought up tabling everything until the supplemental photo documentation was obtained, prompting Partridge, a planning board member, to advise that he had taken more pictures that day from the border of neighboring fields.

“I don’t know what difference it will matter getting up next to their house another 30 feet to visualize something that will be behind the trees that are on Folger’s (property),” he said. “And we have a presentation where they have the driveway and the trees on that. Now if you go to the other side of Folger’s with that tree line … it’s going to be the same kind of visualization on the knoll behind the Smiths' and the ARC properties.”

A motion to table was presented, however, with Town Building Inspector Dan Lang suggesting to “err on the side of caution” before Tanner reiterated his call for “a complete set of documents that show everything we are asking for” – views with screening and without screening.

Planner Jonathan Long supported that, referring to a question on the SEQR application that points to the solar farm being inconsistent with the character of the natural landscape and surmising that proper screening would mitigate potential issues.

Hawvermale took several minutes to go over the renderings of the two solar farms, making planners aware of the placement and types of screenings and buffers.

When questioned about the number of utility poles on the layout, Leone said that is within National Grid’s “purview” and leaves Cypress Creek little flexibility. Hawvermale did provide specifics, indicating that there will be five utility company poles and three others to be put up by Cypress Creek.

Jasinski said the town will contact National Grid to get information about the number of poles in writing, adding that the power company has permitted a fewer number on other projects.

Planners also asked about glare, with Lang stating that a study came back showing no glare at all on the site. Still, he is requesting further research because that is the first time a report came back with that result.

When voting on the proposal does occur, Partridge will be required to abstain.

In recent weeks, neighbors and others living on Ellicott Street Road have spoken out about Partridge’s plan, citing impacts on the land and property values, and questioning whether two 20-acre side-by-side arrays violate the maximum limit imposed by the Town of Batavia.

Previously: Ellicott Street Road resident challenges Town of Batavia's 20-acre solar limit as nearby project moves forward

A firefighter that responded to a fire alarm call is on the scene and informs a dispatcher, "the odor of marijuana smoke may have set it off."

"Copy," said the dispatcher, "odor of marijuana smoke."

Since we here at The Batavian pay little attention to fire alarm calls (99.99 percent of the time, false alarms), we didn't catch the location or which agency responded.

Press release:

Effective immediately the 24-hour Care & Crisis Helpline serving Genesee, Orleans, and Wyoming counties is down and nonoperational.

In the case of a mental health related crisis or for information on available mental health resources in your community, please contact the numbers below, utilizing the number associated with the county in which you reside or contact 9-1-1.

• Genesee & Orleans counties (716) 285 –3515
• Wyoming County (716) 882-4357

UPDATE:

The Care & Crisis Helpline (585) 283-5200 serving Genesee, Orleans, and Wyoming counties is back in service. In the case of a mental health crisis or if you are in need of additional information on your county's available mental health resources, please contact (585) 283-5200 or 9-1-1.

         Dejon Smith

After a passenger in a vehicle stopped by a Batavia police officer bolted from the car at 6:01 p.m., Feb. 25, K9 Batu was pressed into service helping with his first apprehension of a fleeing subject.

Handler Stephen Quider and Batu started patrol duties together earlier this year. 

Taken into custody was Dejon. J. Smith, 21, of Rochester. He was apprehended after a brief foot pursuit. Batu reportedly located Smith behind a residence on Ellicott Street.

Crack cocaine and marijuana were recovered at the scene of the traffic stop and police report finding additional crack cocaine inside the storage shed.

Also taken into custody was Germayne D. Session, 27, of Rochester.

Smith is charged with: criminal possession of a controlled substance with intent to sell; criminal possession of a controlled substance, 4th; burglary, 3rd; unlawful possession of marijuana, 2nd; tampering with physical evidence; resisting arrest; and obstruction of governmental administration. 

Session was charged with driving a vehicle with a revoked or suspended registration, unlicensed operation, unlawful possession of marijuana, 2nd.

Smith was turned over to Irondequoit Police Department on an unrelated warrant and Session was released on an appearance ticket.

While they won’t receive a “master’s degree in Aging,” the men and women who complete the Aging in Mastery Program through the Genesee County Office for the Aging will walk away with knowledge of the behaviors that promote healthy living and a greater sense of well-being.

That’s the word from Jill Yasses, aging services specialist at the OFA, which is conducting – in conjunction with the National Council on Aging Inc. -- virtual and, hopefully soon, in-person classes for adults 55 and older.

“The goal of the Aging in Mastery Program is for participants to lead a healthy and happy life by focusing on key aspects of health, finances, relationships, personal growth and community engagement,” Yasses said.

The 10-class core curriculum covers a different topic in each session, she said.

Topics are Navigating Longer Lives, Healthy Relationships, Exercise and You, Sleep, Healthy Eating and Hydration, Financial Fitness, Medication Management, Advance Planning, Falls Prevention, and Community Engagement.

“Most of the classes include a guest speaker who is familiar with the topic being discussed,” Yasses said. “This program is interactive so the participants are very involved in the conversations, and there is no charge for the program.”

On Monday, the Genesee County Legislature Human Services Committee voted in favor of the OFA contracting with the Population Health Collaborative in Buffalo to deliver $4,000 in grant funding for the program.

Genesee County OFA Director Diana Fox reported that all expenses will be paid through this service agreement extension at no cost to the county.

Yasses said a virtual class just finished and another one is being set up.

“This class is normally offered in person but due to COVID we did a pilot program to see how a virtual program would be,” she said, adding that she already has started a list for those interested in taking the next class (date to be determined).

She said the goal is to offer an in-person class once COVID-19 is under control, but a third virtual class is a possibility.

“The virtual class is very beneficial to those who have difficulty leaving the home due to lack of transportation, a disability or even a caregiver who cannot leave their loved one alone,” she explained.

Class size is usually 10 to 15 people, but could be increased depending upon the interest level, Yasses said.

For more information or to sign up for a class, call her at (585) 343-1611. Click here to access the ADP website.

A statement from Assemblyman Steve Hawley:

“The failure of the Legislature today to rescind the governor’s emergency powers represents a rejection of the most minimal consequences for a governor who has demonstrated a willingness to lie about the gravest of matters to the people as a leader, and allegedly preys on others.

"While he really should be removed from office, it is unacceptable that our colleagues in the Majority are letting the governor off scot-free.”

Data Update – 

• Genesee County received 15 new positive cases of COVID-19.
  • 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 20s, 30s, 40s, 50s and 60s. 
• Twenty-six of the previous positive individuals have recovered and have been removed from the isolation list.  
• Three of the current positive individuals are hospitalized.
• Three of the new positive individuals are inmates at the Buffalo Federal Detention Center.

Orleans County received four new positive cases of COVID-19.  

• 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, 40s and 50s.
• Three of the previous positive individuals have recovered and have been removed from the isolation list.
• Zero of the current positive individuals are hospitalized.

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

Submitted photo and press release:

Notre Dame High School is pleased to announce a donation of $345 to Just Kings.

Just Kings is a Batavia-based organization whose mission is to provide a voice for the local Black community. They work to educate and mentor the youth, our neighbors and ourselves as we continue to fight to end racism.

Nya Thomas, a senior at Notre Dame, led the donation drive in honor of Black History Month.

Check out the important work they do at their Facebook page.

Photo: front row, from left: Alonzo Story, Mark Sanders, McKenzie Nenni, Nya Thomas, Ben Skanly, and Principal Wade Bianco; back row: Just Kings -- Eric Ricks, Victor Thomas, Robert Thurston, Oraid Edwards, Terry Smith, Otis Thomas and Brandon Armstrong.

Pembroke High School's Lady Dragons Varsity and Junior Varsity Basketball teams will host a Food Truck Rally this Friday as part of their 10th anniversary celebrating their participation in Shooting For A Cure.

A portion of sales will be donated to Roswell Park Comprehensive Cancer Center to help fight breast cancer.

All are welcome to enjoy some delicious food and enter for a chance to win some amazing prizes.

The event will take place from 4 to 8 p.m. at Pembroke High School, located at 8750 Alleghany Road in Pembroke.

Here's a partial list of participating trucks:

• The Cheesy Chick
• Buffalo's Best Grill & Catering
• Babz BBQ
• Center Street Smokehouse
• Pub Coffee Hub

Press release:

Assemblyman Steve Hawley over the weekend spoke with WHAM 13 Rochester and Rochester TV 8 to discuss recent allegations made against the governor by two of his former aides who state he had sexually harassed them in private.

Speaking with these media outlets, Hawley called on the governor to resign immediately in the aftermath of both these sexual harassment allegations and also following reports that his administration actively covered up the amount of fatalities in New York nursing homes during the COVID-19 pandemic. 

In the interviews, Hawley emphasized that amid an ongoing pandemic, budget negotiation process, a federal investigation into his coverup of nursing home fatality data, and now an investigation by the Attorney General’s Office, New Yorkers need a governor that can fully devote their time and focus on addressing the needs of everyday New Yorkers in what are unprecedented and challenging times. 

“It needs to happen yesterday,” said Assemblyman Hawley in an interview with WHAM 13. “Any time there’s an allegation, it needs to be taken seriously, and we need to move forward with that.”

“[Cuomo] owes it to the people of the state of New York— his constituents, my constituents,” said Hawley, as he spoke with News 8 Rochester. “We have an awful lot going on in the state, in this nation. And the appropriate thing for him to do at this point is resign.”

After a second sexual harassment allegation was made against Gov. Andrew Cuomo, Monday's legislative session was cancelled and Hawley issued this statement:

“Today’s cancellation of session is extremely disappointing, especially as we are now grappling with multiple crises in our government," Hawley said. "We are facing a pandemic, a debt crisis, budget negotiations, and also need to address the accusations made against the governor by two of his former aides, not to forget about his coverup of deaths that took place in our nursing homes.

"The people need us more than ever, and I am saddened, though not surprised, that the Majority has decided to take a day off today and cover for the governor as he faces investigations by the Attorney General and Department of Justice, rather than address our state’s critical needs.”