There are currently 35 Genesee County residents hospitalized with COVID-19, according to Health Department data released today.
The county also reports 209 positive COVID-19 tests since Dec. 16.
There are currently 275 known active cases in Genesee County.
Of the previously reported positive cases, 150 people have completed their mandatory isolation.
Sidney C. Underhill, 72, of Batavia, is charged with stalking 4th and trespass. Following prior complaints of Underhill showing up and watching at places where the occupant of a residence on Swan Street, Underhill was allegedly located in the backyard of the residence, where he does not reside, without permission. Underhill was arraigned in City Court. An order of protection was issued and he was released on his own recognizance.
Tevin D. Bloom, 28, of Batavia, is charged with criminal contempt 2nd. Bloom is accused of violating an order of protection by going to a protected party's house. He was issued an appearance ticket.
J'Shon K. Naegely, 25, of Batavia, is charged with false personation. During a welfare check at a residence on Dellinger Avenue at 1:40 a.m., Dec. 15, Naegely allegedly lied to police about his identity. He was issued an appearance ticket.
Michael L. Jackson, 40, of Batavia, is charged with petit larceny. Jackson allegedly stole items from a local business at 9:55 p.m., Dec. 10. He was issued an appearance ticket.
Heather M. Davis, 55, of Lockport, is charged with criminal contempt 2nd. Davis is accused of violating an order of protection by contacting the protected party at 8:39 a.m., Dec. 10. She was issued an appearance ticket.
Jordin M. Schultz, 23, of Batavia, is charged with criminal contempt 2nd. During a probation home check at 11:23 p.m., Dec. 11, Schultz was allegedly found in violation of an order of protection. He was released on an appearance ticket.
Lucas Potrzebowski, 27, of Batavia, is charged with harassment 2nd. Potrzebowski is accused of pushing another person to the ground during a dispute at a local business at 11:30 a.m., Dec. 3. He was issued an appearance ticket.
Charles A. Tomaszewski, 59, of Batavia, is charged with criminal contempt 2nd. Tomaszewski is accused of violating an order protection by having contact with the protected party at 8:44 p.m., Nov. 15, at a location on Redfield Parkway. He was issued an appearance ticket.
Thomas J. Leonard, 38, of Batavia, is charged with burglary 2nd, criminal mischief 4th, and criminal nuisance 2nd, after he allegedly damaged property and entered a residence on East Main Street, during an argument at 5:14 p.m., Dec. 11. He was arraigned in City Court and ordered held on $5,000 bail, or $10,000 bond, or $20,000 partially secured bond.
Christopher J. Diers, 39, of Batavia, is charged with petit larceny. Diers is accused of stealing items from a store on East Main Street, Batavia, at 9:59 a.m., Dec. 10. He was issued an appearance ticket.
Samantha E. Hosmer, 34, of Medina, is charged with bail jumping 3rd. Hosmer was arrested on a warrant out of City Court and released on her own recognizance.
Kenneth T. Marrocco, 29, of Batavia, is charged with obstructing governmental administration, criminal mischief 4th, and resisting arrest. Marrocco is accused of breaking the glass of a window of a storm door while attempting to force entry into a residence on Montclaire Avenue, Batavia. When police arrived, Marrocco is accused of resisting arrest and allegedly kicking a Batavia police officer in the face. He was arraigned in City Court and issued a stay-away order of protection along with an appearance ticket.
Michael J. Hilton, 30, no permanent address, is charged with petit larceny. Hilton is accused of shoplifting from a local business at 5:55 p.m., Dec. 7. He was issued an appearance ticket. He was held in the Genesee County Jail on an unrelated warrant issued by NYS Parole.
Joseph D. Turner, 39, of Albion, was arrested on a bench warrant for alleged failure to appear at 3:30 p.m., Dec. 15 by Albion PD and turned over to Batavia PD. Turner accepted a plea agreement to dispose of the case.
Kay E. Dilker, 31, of Albion, was arrested on a bench warrant for alleged failure to appear at 4:15 p.m., Dec. 14, by Albion PD and turned over to Batavia PD. She was arraigned in City Court and released on her own recognizance.
Jason Patrick Wickson, 40, of Ellicott Street Road, Pavilion, is charged with two counts of endangering the welfare of a child. At 10:21 p.m., Dec. 8, medics were dispatched to a residence in Pavilion on the report of a patient suffering a possible stroke. Upon arrival, Pavilion medics and Mercy EMS personal found Wickson suffering a possible overdose from narcotic use. Wickson is accused of using a narcotic in the presence of two children. He was transported to UMMC for medical treatment. Once released from care, Wickson turned himself in the Genesee County Jail for processing and was released on an appearance ticket.
Scot J. Hinze, 35, of Batavia, is charged with felony DWI. Hinze was stopped on Dec. 17 by State Police in Alden for alleged failure to keep right. He allegedly failed a field sobriety test and was processed at SP Clearance where he was allegedly found to have a BAC of .16. Hinze was issued an appearance ticket.
Penny L. Mase, 65, of East Bethany, is charged with DWI and driving with a BAC of .08 or greater. mase was stopped at 10:31 p.m., Dec. 18, in East Bethany by State Police. She was issued an appearance ticket.
After taking several months to review the Town of Batavia’s regulations governing the installation of solar systems, a seven-member committee working with a Williamsville consulting firm is ready to share its recommendations with the public.
An informational session is scheduled for 6 p.m. on Dec. 29 at the Town Hall on West Main Street Road.
The final draft of the town’s revised Solar Energy Local Law is available for viewing on the Town of Batavia website.
Town Board member Chad Zambito is the chair of the committee that also includes Town Building Inspector Dan Lang, Town Zoning Board members Steve Tanner, Don Partridge and Paul McCullough, Town Zoning Board of Appeals member Brittany Witkop and town resident Nancy Brach.
Drew Reilly of Wendel Companies served as the group’s consultant.
Zambito said the committee used the New York State Model Solar Energy Law as a basis for the town’s law, with some modifications. He said he hopes to receive feedback from residents at next week’s meeting.
According to the document, the town has the authority to develop a solar code through town law and Section 20 of the Municipal Home Rule Law of the State of New York, which authorize the town “to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the Town Law of New York State, to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefore.”
It advances a five-fold “statement of purpose” – emphasizing the need to capitalize on renewable energy, reducing electricity costs to residential and commercial customers, increasing employment and business development, mitigating solar’s effects on agriculture and the environment and linking to the town’s Comprehensive Plan.
The revised law also lists solar term definitions, time frames, safety guidelines, decommissioning (end of use) procedures, maintenance/fees and enforcement/penalty provisions.
The bulk of the document is devoted to “permitting requirements” for the four levels of solar systems – Tier 1, Tier 2, Tier 3 and Tier 4.
Senior winger Gavin Schrader scored three goals and freshman Brady Johnson tallied a pair of goals and three assists to lead Batavia Notre Dame to a 9-2 victory over Fulton in Friday night's opening round of the Dave McCarthy Memorial Christmas Tournament at the Batavia Ice Arena.
The victory puts United in the championship game at 3 this afternoon against Webster Schroeder, which defeated Bishop Timon, 10-0.
United, 4-2, scored twice in the first period, three times in the second and four times in the third as it outshot the Red Raiders, 50-20.
Jameson Motyka opened the scoring a minute and 46 seconds into the game (assisted by Parker Corbelli and Johnson) and Johnson made it 2-0 about two minutes later (assisted by Andrew Kasmarek and Motyka).
Kasmarek (assisted by Gino Falleti and Addison Warriner) gave BND a 3-0 cushion early in the second period before Nick Long answered for Fulton with 9:28 on the clock.
About four minutes later, Schrader – who now has 13 goals this season – converted a pass from Ronin Hofmaster before returning the favor, setting up Hofmaster for a goal with 1:40 left in the period. Alex Johnson assisted on Schrader’s goal and Zack Eschberger picked up an assist on Hofmaster’s goal.
In the third period, following a goal by Jameson Motyka (assisted by Brady Johnson), Schrader scored back-to-back power play goals with 11:47 and 9:42 on the clock. Motyka and Brady Johnson assisted on the first one, with Hofmaster and Eschberger assisting on the second goal.
Brady Johnson closed out the scoring with 8:04 left (assisted by Noah Whitcombe).
United goaltender Courtney Schum made 18 saves, including a stop on Fulton’s Nick Long on a breakaway midway through the first period.
Owen Dixon scored the other goal for Fulton, 1-5-2. Fulton and Bishop Timon will meet in the consolation game at noon.
Tarrence Yuron Williams, 22, of Porter Avenue, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, criminal possession of a firearm, criminal obstruction of breathing and blood circulation, and menacing 3rd. On Dec. 15, dispatchers received a report of a disturbance at the Quality Inn and Suites, 8250 Park Road, Batavia. Williams is accused of choking another person at that location. He was taken into custody and allegedly found in possession of a quantity of crack cocaine. Deputies obtained a search warrant for his room at the hotel and located an allegedly illegal firearm. Williams was arraigned in Town of Batavia Court and ordered held on bail of $5,000. Batavia PD and the District Attorney's Office assisted in the investigation.
Sidney Carl Underhill, 72, of Oak Orchard Road, Elba, is charged with disobeying a mandate. Underhill allegedly violated an order of protection at 10:31 p.m., Dec. 8 at a location on Main Street, Batavia.
Dianna Lynn Sprague, 50, of Vine Street, Batavia, is charged with petit larceny. Sprague is accused of shoplifting from Walmart in Batavia.
Alexander Rian Toal, 18, of Swamp Road, Byron, is charged with menacing 2nd and acting in a manner injurious to a child less than 17 years old. Toal is accused of placing a person in fear of his life by displaying what appeared to be a firearm and threatening that person while a child under age 17 was present. He was arraigned in Batavia Town Court and released on his own recognizance.
Stephen G. Ognibene, 64, of Bank Street, Batavia, is charged with criminal contempt 2nd. Ognibene is accused of violating an order of protection by not surrendering his firearms. He was issued an appearance ticket.
The Genesee County Airport will receive $159,000 in federal funding through the recently-enacted Infrastructure Investment and Jobs Act, U.S. Senators Chuck Schumer and Kirsten Gillibrand announced on Thursday.
The latest round of funding will distribute $136,977,897 to 59 airports across New York State. Money can be used for improvements related to runways, taxiways, safety and sustainability projects, as well as terminal, airport-transit connections and roadway projects.
County Highway Superintendent Tim Hens, who oversees operations at the airport on Saile Drive, said he believes this award is another in a series "of standard funding that we normally get that doesn't have any fanfare attached to it."
Hens said he is waiting for more details on a similar funding announcement in the fall and has no specific information about yesterday's news.
Adjusting bullying protocols to better accommodate student needs is in the hands of Batavia City School board members, Rebecca Eldridge says.
And she urges them and the district at large to work more diligently to improve the way district personnel responds to student accusations of verbal and physical attacks.
“I stand here tonight on behalf of many students and families whose stories and voices have been dismissed,” she said to the Board of Education during its meeting Thursday at Batavia High School. “Two weeks ago my family became one as well. I implore you to take action for every single student that walks through these halls. Enforce policies for every student every day.”
The story she shared came in between her introduction and final urgings. Her son had been assaulted to the point of a swollen eye, bloody nose, bruised ribs and abrasions to his legs, she said. Yet he, too, was suspended along with the bully for defending himself. Perhaps even more upsetting was that she learned he was sent on to his next class after the attack, and did not receive medical attention until later, she said.
“That is neglect without question,” she said. “Staff failed to report to their superiors, which is school policy.”
Not once but three times her son suffered “intimidation, threats and physical harm” from this bully’s sibling, she said. That history plus this particular assault she highlighted resulted in her son being physically injured and emotionally scarred due to trauma, she said.
The day she learned about the assault, Eldridge received a letter notifying her that her son had been suspended for throwing a basketball at the bully, she said. The bully had been seriously taunting her son for four years, and “the school has done nothing.”
Meanwhile, he has missed out on school academics and sports, she said, as district officials reminded her to “be grateful for two — not five — days suspension.”
“Your son was not the aggressor, but we have to; it’s policy,” Eldridge said, repeating what district officials told her.
She maintained that the district’s Information Technology and “higher administration” staff confirmed there was audio of the event with her son, and that she was subsequently lied to that there was none. The situation violates school policies, Code of Conduct and the Dignity For All Students Act, she said.
Her son’s record has been expunged, she said, “without conversation or an appeal.” Camera footage has disappeared as prior statements have been recanted, she said.
Eldridge is looking for a shift in the system.
“Recently students and the community have desperately asked for their voices to be heard, changes to be made,” she said. “Change is in your hands tonight. Students including my son deserve nothing less than that from every one of you.”
There was no board discussion about the issue after she spoke, however, she told The Batavian after the meeting that she was encouraged by what two board members privately expressed.
“They both thanked me for speaking,” she said. “One said ‘thank you for your courage,’ and the other said ‘I heard you, I heard you.’ I hope me speaking tonight has a positive impact, and brings change for our schools, for our children, and our community. As I said to them, it’s in your hands tonight.”
Parent Lidia Arteaga, who had previously spoken with The Batavian for a related article (Batavia City Schools’ parents speak out about bullying at the district), could not attend the meeting, but agreed with Eldridge’s main message. Arteaga’s daughter has experienced much verbal bullying, she said and deserves to be safe at school. Her daughter had created a pamphlet to raise awareness of the bullying episodes taking place without disciplinary action by the district. Her daughter was suspended for that act.
“Yes, change has to happen,” Arteaga said to The Batavian after the meeting. “Let me tell you that if anyone touches my daughter and they come back with those weak excuses, I will do anything I can to make them pay. I don’t know if change will happen, but I’m proud of my little girl for trying to make a difference. It’s at least opened the door for more communication.”
The Batavian asked Interim Superintendent Scott Bischoping for a response to Eldridge’s accusations, and he could not offer much comment, he said.
“I am unable to discuss a specific student discipline issue,” he said, offering to talk more about the situation in the future.
Top photo: Parent Rebecca Eldridge urges Batavia City School Board of Education members to take action and ensure the safety of students from bullying during a board meeting Thursday at the high school library. Photo by Howard Owens
In fact, the coronavirus paved the way for a new dynamic – the ability to meet via Zoom and other social media outlets to engage members of the focus groups who have contributed to the Comprehensive Plan, said Eve Holberg, planner/project manager with Joy Kuebler Landscape Architect of North Tonawanda.
Speaking at a presentation to the Genesee County Legislature tonight at the Old County Courthouse (and via Zoom), Holberg (photo at right) said that moving the process online has alleviated the challenge of bringing stakeholders together and has been key in communicating the various surveys that helped mold the documents.
“Zoom and other meeting platforms … can boost the efficiency of the focus groups (who) want to see their quality of life preserved,” she said.
About 10 people attended in person and several others viewed and listened remotely to the presentation, which also included an overview of the Recreation Plan and the Genesee 2050 Hub Site (www.Genesee2050.com) by Michael Kane and Jenny Mogavero, respectively, principals at Prospect Hill Consulting in Buffalo.
Joy Kuebler Landscape Architect and Prospect Hill Consulting have been commissioned by the Genesee County Planning Department to draft the updated plans, which carry the overarching goals of enhancing quality of life issues and providing viable places and opportunities that promote healthy living, recreation and the arts.
‘NOT YOUR GRANDFATHER’S PLAN’
Holberg said the economic, cultural and educational landscapes have changed considerably since the county first embarked on comprehensive planning more than 20 years ago.
“This is not your grandfather’s Comprehensive Plan,” she said, noting that she and others have been working on this for 18 months. She also touted the Genesee 2050 interactive website that will "carry the plan forward.”
The vision of the 2050 Comprehensive Plan targets the wishes of the residents of Genesee County and the willingness of county government “to advance budgeting and funding to achieve these ambitions,” she said.
Overall recommendations include maintaining and expanding the focus groups that have set the plans in motion and to sustain Smart Growth, the component that preserves the county’s farmland, promotes sustainable growth and supports economic development strategy.
The Genesee 2050 Comprehensive Plan lists 10 priority elements that are keys to achieving its goals:
Holberg provided an example when talking about transportation and mobility, suggesting a pooling of transportation resources (Social Services, Office for the Aging, Veterans Services) “to make it possible to have a better mobility system and to keep people in their communities.”
RECREATION PLAN: AN ALL-IN VENTURE
The first of its kind in Genesee County, the Recreation Plan is a road map for future development – “an ambitious plan” that considers the extensive facilities and parks in the City of Batavia and the county’s towns and villages, Kane said.
The plan’s five goals and objectives – “which remained consistent as the project evolved,” Kane said – are as follows:
Parks in the county for the most part are in excellent shape, Kane said, adding that information on all the parks and recreation areas is attractively displayed in the Recreation Plan.
His team reviewed more than 50 plans, including county, town and village comprehensive plans and New York State’s open space/recreation plans, and assessed the parks’ accessibility by walking and by car to “identify gaps in the county’s recreational inventory.”
Thus far, more than 20 projects have been identified, including expansion and upgrading of Ellicott Trail, creation of a new trail at Genesee Community College, paving of the shoulders of county roads for recreational use, establishing public spaces at Oatka Creek and reuse of the former amusement park at Indian Falls.
Kane said the projects are prioritized by how strongly they hit the five goals mentioned above. He also said these potential projects give Genesee County and other municipal entities a better chance to receive grant funding.
HUB SITE: AN EXTENSION OF THE PLAN
The Genesee 2050 Hub Site is a tool for the county to maintain the Comprehensive Plan and a platform to support community engagement activities, Mogavero said.
“It includes tools, data and documents for the focus groups .. and ensures that the plan will have a long shelf life,” she said, advising that the website will include the ability for public feedback in real time and links to agencies and maps to obtain current information.
In the end, Holberg said both plans reflect the values shared by county residents.
“Everyone wants more trails, and (because of that) the county can look for funding opportunities,” she said.
Over the past week, town and village government officials came to terms on a contract that would enable village police officers to respond to situations in the town, with the goal to enhance the public safety coverage already in place.
“Really, it's essentially for emergency calls and for protection of life and property,” Kellogg said today. “It’s not all calls. It's just a supplement, an augment to the law enforcement that's already out there -- the Genesee County Sheriff’s Office and the New York State Police.
“So, if they're unable to respond and need our assistance, we're certainly available to do that. But the contract is obviously to not take away from the level of service already provided.”
Town Supervisor Jim Farnholz, in calling it “win-win for everyone,” said village officers won’t patrol in the town – that will be left up to sheriff's deputies and troopers – but they will be available to assist on emergency calls, for example.
“It will decrease the response time to those in need,” he said.
He also emphasized that this action will save manpower in the long run when Le Roy officers are able to handle a situation and advise other agencies not to respond.
“The agreement also includes responding to Le Roy Central School (on South Street Road in the town),” Farnholz said. “We’ve been working on this for a year and we’re pleased to be able to reach an agreement.”
Kellogg said the municipalities had a similar arrangement from 1983 to 2010, but the contract expired and wasn’t renewed. He said the town reached out to the village to reinstate the service.
“The town is interested in providing that additional level of protection in the event that we're closest and we can get out there and assess the situation,” he said. “Obviously, we're not going to deploy any resources into the town and leave the village uncovered. Our priority is the protection of all property and persons within the village.”
The police department employs around 16 officers, including a resource officer in the Le Roy Central School District.
Village Mayor Greg Rogers credited Sheriff William Sheron, Undersheriff Bradley Mazur and County Legislature Chair Rochelle Stein for their input in leading to the contract, which calls for the town to pay the village $20,000 for a year’s worth of service.
“This is about giving the people in our area the best chance to succeed in emergency-type situations,” he said. “There are 14 miles of road in Le Roy and just about everyone in the village travels into the town on a regular basis.”
Thirteen of the 20 municipalities in Genesee County have decided to opt out of allowing cannabis retail dispensaries and on-site consumption places.
According to information provided on a Marijuana Opt-Out Tracker compiled by the Rockefeller Institute of Government and phone calls made by The Batavian to town and village officials, this is the current tally:
OPT OUT
Towns – Alabama, Alexander, Batavia, Bergen, Bethany, Elba, Le Roy, Oakfield, Stafford.
Villages – Bergen, Elba, Le Roy, Oakfield.
OPT IN
City – Batavia.
Towns – Darien, Pavilion, Pembroke.
Villages – Corfu.
UNDECIDED
Towns – Byron (vote on Dec. 27).
Villages – Alexander (vote on Dec. 28).
The state’s Marijuana Regulation & Taxation Act was signed into law by former Gov. Andrew Cuomo on March 31. It requires municipalities to either opt in or opt out by Dec. 31.
Communities opting out can opt in at a later date, but those opting in will not be permitted to opt out.
Cities, towns and villages that have opted out are subject to permissive referendum should residents wish to push for retail dispensaries, such as storefronts to buy products for home consumption and adult use consumption sites.
Economists estimate that legalized sales of marijuana products will become a $1 billion industry with expected annual revenue of $350 million and the creation of around 45,000 jobs.
Sales tax on cannabis will be 13 percent, with 9 percent going to the state, 3 percent to the host municipality and 1 percent to the county. Additionally, a THC (tetrahydrocannabinol) excise tax will be imposed.
At their monthly meeting at the Town Hall of West Main Street Road, Council members Sharon White, Patti Michalak and Supervisor Greg Post voted for the resolution passing Local Law No. 7 of 2021 to opt out, while Chad Zambito and Dan Underhill voted against the resolution (and to opt in).
Kelly March of Clinton Street Road, (photo at right), appearing before the board for the second straight meeting to voice her support for the cannabis legislation, said she was "disappointed" in the outcome but vowed to press on through the permissive referendum process.
"I'm pretty disappointed, but I knew ahead of time they were not going to be passing it," she said. "But I wanted them to be able to look me in the eye and not pass it."
Asked what's next, she said, "We're going to do the referendum. We're going to work with the town board. We knew ahead of time that that would be the case, and they're very willing to work with us ... to help us through the process to that."
March said there is a broad base of support throughout the town and even to the tri-county area for the reformed marijuana laws that would ensure safe, high quality cannabis. She added that she was disappointed that some of the farming community "is not supportive of farmers, essentially."
As far as the referendum is concerned, she said that she is "going to do my homework" to get some legal advice.
"And we do have lawyers that are working with a lot of other towns and villages, you know, constituents that are doing the same thing we are right now. So, I'm very confident that you will have good guidance and people to work with," she said. "We've seen a really good uptake in people opening up and talking about cannabis now."
March said she had hoped to meet with Post prior to tonight's meeting, but that didn't happen due to scheduling conflicts. She said that Penelope Hamilton Crescibene, who also was at the Nov. 17 public hearing on the MRTA, did get answers to questions regarding taxation and banking, "which were grave concern to them."
Post did address March tonight following her brief statement that urged board members to consider her opinion when they voted on the resolution.
"I want you to know that you were heard," he said. "Regardless of our vote, this is in the hands of the people."
On another front, the board voted to extend the town's moratorium on solar energy systems for another six months as a special solar committee completes its work.
A public meeting on the town's revised solar guidelines is scheduled for 6 p.m. Dec. 29 at the Town Hall, immediately following a special town board meeting at 5 p.m.
Previously: Two advocates speak out about opting in for cannabis dispensaries
The Genesee County Legislature, in a special Committee of the Whole meeting minutes ago, approved a contract with Common Ground Health of Rochester to join forces with Causewave Community Partners, also of Rochester, to conduct a regional marketing and outreach campaign promoting the benefits of the COVID-19 vaccine.
Genesee County's cost of the $150,000 initiative, which will focus on the rural counties of the Finger Lakes Region, is $15,171.10 -- using federal grant money.
"We believe this is a small investment of federal dollars to go toward outreach efforts to educate the hard-to-reach people and the vaccine hesitant," County Manager Matt Landers said. "The campaign is not designed to sway people who have already made up their minds concerning vaccination."
The resolution states that the proposed marketing and outreach strategy will consist of purchased advertising in a number of local and regional outlets, earned media, and targeted direct mailings to particular populations within the region.
It also indicates that public health directors and county leaders see a "pressing need to undertake the campaign to increase vaccine uptake rates and to try to slow the increase of cases, hospitalizations and deaths from COVID-19."
Landers said wording in the contract includes the opportunity for the county to be reimbursed should the agreement be terminated before all services are rendered.
The City of Batavia has been awarded $1 million for a Jackson Street water line replacement project through Round XI of New York State Regional Economic Development Council’s Community Development Block Grant program, Gov. Kathy Hochul announced on Tuesday.
City Manager Rachael Tabelski confirmed that the city’s application for the grant, which was submitted in June, has been approved.
The project is one of 488 initiatives throughout the state to share in an additional $196 million in funding.
The work consists of replacing the 4- and 6-inch lines on Jackson Street with 8-inch water main at an estimated cost of $1,351,908, with $351,908 committed from local funds. According to the REDC, the improvements will benefit 213 persons of which 144 or 68 percent are low-and-moderate-income persons.
“It’s the residential portion of Jackson Street, not the commercial side,” Tabelski said.
Currently, the stretch of roadway from Ellicott Street to South Jackson Street on the western side of Jackson contains 4-inch line; a 6-inch line is under the sidewalk between Watson and South Jackson on the eastern side of the road from Central Avenue to Ellicott Street.
The commercial portion of Jackson Street – north of Ellicott Street – will be a separate project, she said.
All of these lines will be eliminated and service will transfer to an 8-inch water main. The project will cover around 2,250 linear feet of water line replacement and also will address elimination of lead water services if encountered.
Other Genesee County projects to receive funding are as follows:
Le Roy Central Schools will continue to keep doing what it's doing when it comes to COVID-19, Superintendent Merritt Holly told the Board of Education on Tuesday night, because it's been working.
That is, the district will continue to follow the protocols.
Holly said with a total of there are currently 25 more COVID-19 cases in the district this year than last at the same point, when there were 45, but by Dec. 24 last year, there were 81 cases.
The numbers, then, this year are looking pretty good, when you consider that this year, nearly all students are attending school daily and the world is dealing with varients that spread more easily than the version of SARS-CoV-2 that was in the air a year ago.
The data is clear, Holly said: The vaccines work. Most of the local infections are among the unvaccinated.
The other advantage for the vaccinated is they don't have to follow the same quarantine protocols if they become a close contact to an infected person and are asymptomatic.
The district, he said, with temperature checks, social distancing, masks, quarantines for the unvaccinated who get exposed to the disease, are one of the safest environments for staff and students.
"What we've put in place has allowed us to stay functional and stay in school," Holly said.
Updated Nov. 15, 2 p.m. with statement from Oakfield Village Mayor David Boyle:
With the Town of Oakfield on board with the amount it will have to pay for fire protection service for 2021-22, it has decided to “drop” its dispute with the Village of Oakfield for several months.
That’s what Oakfield Town Supervisor Matt Martin reported to The Batavian today on the heels of village and board meetings on Monday and Tuesday of this week, respectively.
When asked what has been agreed upon, Martin said, “Basically, nothing has changed whatsoever. It is what is was four years ago. So, the contract is the same as the existing contract.”
The town board will pay the $49,126 fee charged by the village for services provided by the Oakfield Volunteer Fire Department for the period covering June 1, 2021 through May 31, 2022, Martin said. The village owns the fire trucks and equipment, while the OVFD owns the building on Albert Street.
According to the municipalities’ longstanding agreement, the town is responsible for 58 percent of the fire department budget as determined by the village board. The OVFD budget for 2021-22 is $84,700.
Clearly not pleased with the back-and-forth debate with Mayor David Boyle that played out in the media and on the village and town websites, Martin said, “I just felt we're going to fight the issue another day.”
“For right now, we just were happy with the number they gave us as far as the dollar amount. So, we just decided to drop it for the next six months.”
Town is Looking for a Service Contract
Martin said the town board is more concerned with the wording of the contact and the provisions of the contract, with its goal to achieve a fixed amount as a “service contract,” excluding responsibility for equipment upkeep and purchasing.
“We’ve been going back and forth for four years, and they weren't willing to change a thing. So, we said let's sign it and get it behind us for now. We'll see what happens in the future,” he said.
Town attorney Craig Welch, partner with Lacy Katzen LLP of Rochester, today verified that the contract is in place through next year (May 31).
He said the town’s position is attaining a “fixed number for the service” instead of the current percentage formula being used by the village.
“The way it is now, you don't have control,” he said. “I mean, if you have somebody come to your house and they’re going to paint the living room, they give you a number. We'd rather just pay a fixed number for services, just like the town charges the village for plowing the village streets. It’s not a percentage of the town budget, it’s just a number.”
Welch said the town paid the $78,000 owed to the village for the prior fiscal year some time ago, and that was confirmed by Village Clerk Kimberly Staniszewski. He also said that fire protection for town residents will continue uninterrupted.
Creation of a Fire District is a Possibility
Another key issue in the scheme of things is the possibility of the fire department creating its own fire district – separate from the village and the town.
“We voted years ago to go with a fire district, but the village refuses to do it,” Martin said. “The village wants control of the fire department. The fire department does not want that and the town does not want that either.”
OVFD Chief Sean Downing said that fire department officials have talked about forming a fire district in the past, but added that he was surprised to hear that it has been brought up again.
"The town clearly does not want the fire department being under the village ... and the village does not want to go to a fire district, where the town does," he said. "It's our preference (to do so) but without both parties agreeing to it, nothing will move forward on it at this time."
Martin acknowledged that the law sides with the village in creating a fire district.
“The village has the final say on that, apparently, according to the legal proceedings. So, it's up to the village. I don't see where the fire department should be under the control of the village board or the town board. They should be a fire district, which has its own board of commissioners.”
Welch, when asked if the parties will be at the table prior to the end of May, said that could happen unless “people came around and created a fire district in the meantime. That is an option.”
Statement from Oakfield Village Mayor David Boyle
"Both (the) Village and Town have approved an amended contract. It is expected that this contract will be signed by both the Village and the Town in the next few days. This agreement covers the period starting June 30, 2021 and will last through at least May 31, 2022.
"The interests of the Oakfield Community as a whole provided the ground for guiding the Village Board. The Village Board of Trustees unanimously agree that they feel the new contract is in the best interest of the larger Oakfield community.
"The amended agreement includes a clause for timely payment of monies by the Town. The Village will increase its support of the Fire Department budget to a 46 percent share (reducing the Town's share to 54 percent). There are also guidelines for the process of future contract renewals."
Previously: Fire protection deadline extended as Oakfield town, village boards prepare for mid-December meetings
Previously: Mayor says village, town are "pretty close" to settling dispute over fire protection services in Oakfield
Previously: Oakfield fire protection dispute update: Village wants full payment before negotiating; Town has sent half
Jacob Sponaugle, convicted at jury trial on Nov. 17 of attempted murder, assault in the first degree, and criminal possession of a weapon in the second degree, was sentenced to two 15-year sentences in state prison as well as a 2 1/3 to seven-year sentence.
All sentences, per state sentencing guidelines, will be served concurrently.
Sponaugle will be on parole for five years following his release.
Jenna Bauer, the newest member of the District Attorney's Office, who assisted retired DA Lawrence Friedman at Sponaugle's trial, argued for a maximum sentence before Judge Charles Zambito.
She argued that Sponaugle shot Jason Whitehead over nothing and that such assailants are "the most dangerous type of person." She said Sponaugle has shown no remorse and continues to proclaim his innocence despite that clear evidence that he shot Whitehead.
The trial -- Friedman's final criminal trial before his retirement -- was a rare two-defendant trial but Sponaugle's co-defendant, Devon Wright, entered a guilty plea to attempted possession of a weapon, along with charges from unrelated cases, near the start of the three-day trial.
Wright's attorney indicated Wright sought a deal that would allow him to be out of jail so he could be present at the birth of his first child. Wright was released under supervision of Genesee Justice pending his sentencing.
He's been missing and wanted by Batavia PD since Nov. 27.
A Batavia man with a prior sexual abuse conviction and facing 10 new felony counts involving rape and sexual abuse entered guilty plea felony counts that could lead up to eight years in prison and 15 years of parole.
Jon T. Magliocco, 44, who told Judge Charles Zambito that he had an 11th-grade education, entered guilty pleas to rape in the third degree, a Class E felony, a lesser included offense for criminal sexual act in the first degree, a Class B felony. He also pled guilty to criminal sexual abuse in the third degree, a Class E felony.
Each count carries a possible sentence of two to four years and the terms could be served consecutively.
Magliocco admitted to having sex with a person without that person's legal consent and to engaging in either oral or anal intercourse without the victims' consent while at location on Mill Street, Batavia, in August 2021.
The possible sentence is the statutory limit available to Melissa Cianfrini, who will have assumed the County Court bench when Magliocco comes back for sentencing at 2:30 p.m. Jan. 20.
Zambito ordered Magliocco, who was already in jail, held without bail pending his sentencing.
City Manager Rachael Tabelski solicited some laughter during Monday night’s City Council Conference Meeting while proposing to end a $40 per month, 56-year-old right-of-way lease with owners of the Pok-A-Dot Restaurant at 229 Ellicott St.
Tabelski said she believed it’s time for the city to terminate the lease (and City Attorney George Van Nest agreed) that was created after it was found that part of the building was on the city’s right-of-way.
At that time – the year was 1965 – it was agreed that Pok-A-Dot owners Philip Pastore Jr. and Joseph Marone would pay the city $40 per month.
“We’ve never changed the terms and conditions of the lease – and they’ve always paid,” Tabelski said, “and they’ve always provided great beef on Weck and French fries.”
In 2020, the restaurant’s current owners, Pastore’s wife, Leona, and daughter, Phyllis Pastore-Beers, expanded the business to accommodate COVID-19 distancing protocol and food pick-up options. In the process, they obtained a New York State Department of Transportation permit to complete the work because it is located in a U.S. right-of-way for missile transport.
Interestingly enough, the DOT permit carries a fee of $460 per year – slightly less than the fee of the Pok-A-Dot’s lease with the city. As a result, Pok-A-Dot owners are requesting an end to the city lease, Tabelski said.
City Council members agreed to move the proposal to its Jan. 10 Business Meeting for discussion and a possible vote.
Three other Conference Meeting resolutions were forwarded to last night’s Business Meeting and all were approved:
Calling it a “weird and wild ride procuring resources,” Tabelski said that was the lowest of seven bids received for the chemical, which is used for disinfection of the public water supply. She added that other municipalities are having similar supply issues.
Previously, the city paid 86 cents a gallon for the chemical, she said.
Tabelski said she approved the purchase after Carrier personnel replaced the compressor and discovered and repaired a couple leaks in the refrigerant system. Consequently, the system is low on R-22 refrigerant and could be in danger of malfunctioning.
Council also forwarded a resolution to the Jan. 10 Business Meeting to accept a $28,681 grant from Genesee County STOP-DWI to provide specialized patrols targeting drug and alcohol impaired driving, and the purchase of RADAR units, training of a Drug Recognition Expert and associated expenses.
File photo of the Pok-A-Dot by Howard Owens.
City Council President Eugene Jankowski Jr., speaking at tonight’s Conference Meeting at City Hall Council Board Room, said that since the municipality “has no control over it,” then it would be prudent to opt in and “get the money (that cannabis sales would produce).”
The topic was brought up by city resident John Roach, who correctly noted that if a community doesn’t do anything (as far as a formal resolution), “you’re automatically in.”
State officials are requiring municipalities to state their intentions by Dec. 31. Towns, cities and villages that opt out are able to opt in at a later date, but those that opt in, can never opt out.
Jankowski and Council member Robert Bialkowski both said they have received “positive comments” about opting in. The former said that “people are advising me to get the tax money” and the latter stated that some people -- including adults -- enjoy using marijuana.
Questioned further following the meeting, Jankowski said his understanding was that there were two choices: “Do nothing and automatically opt in after December 31st or do the resolution and opt out, and then I think there was recourse for the public to opt back in …”
The MRTA does stipulate that if a community opts out, residents could call for a public referendum to reverse that decision.
While many legislative bodies in cities, towns and villages across the state have discussed the matter in an open forum and drafted resolutions – or are in the process of doing so, City Council wasn’t one of them. Jankowski said none of his colleagues indicated a desire to bring the subject to a vote.
“Any council member could have easily brought it up and put it on the agenda but it just never came to the front because of a complaint by a citizen that adamant about wanting Council to do something about it,” he said. “The bottom line is I usually put my personal opinion to the side and I listen to the people I represent. And nobody from the city contacted me and was really passionate about it or concerned about opting out.”
Jankowski said he talked to many people over the past several months "and they basically told me they weren’t really happy about the way the state did it, but they understand the wisdom of getting any money from taxes."
"But we’re not even sure if anybody’s going to even open a business in the city," he added.
What's Up with the WWTP?
Roach also asked about the status of the City Waste Water Treatment Plant and the dispute with O-At-Ka Milk Products over the milk processing plant’s discharge into the ponds that exceeded legal limits.
City Attorney George Van Nest, offering no specifics, said engineers working with the city and New York State Department of Environmental Conservation officials are monitoring the recovery of the ponds with the goal of obtaining maximum efficiency.
In other developments, City Manager Rachael Tabelski reported:
Tammy Schmidt received an enthusiastic endorsement from her predecessor tonight as she was sworn in as the Batavia City Council's Sixth Ward representative.
"I'm here on behalf of Tammy Schmidt, who will do an outstanding job for the Sixth Ward," said Rose Mary Christian, who stepped down last month after nearly 30 years as a city lawmaker. "She's articulate ... and certainly knows lthe budget process (as Schmidt works in the financial management field). I want to thank her for taking my position."
The appointment of Schmidt through the end of next year was reported first on The Batavian.
Photo: City Clerk/Treasurer Heidi Parker, right, swears in Tammy Schmidt as Rose Mary Christian and City Republican Committee Chair Rich Richmond look on. Schmidt was unanimously approved by City Council prior to the board's Conference and Business Meetings. Photo by Mike Pettinella.
Previously: Batavia City Council set to vote on appointment of Republican Tammy Schmidt as Sixth Ward representative
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