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A 36-year-old Batavia woman is facing federal wire fraud charges after she was allegedly found with six state unemployment benefit cards during a traffic stop and subsequent vehicle search for drugs in Bergen on Nov. 24.

The U.S. Attorney's Office announced the arrest today of Danielle Tooley.  She faces a maximum penalty of 30 years in jail and a $1 million fine.

Tooley is accused of knowingly using the personal identifying information of other people to apply for and collect unemployment benefits connected with the federal COVID-19 relief programs.

The scheme came to the attention of law enforcement on Nov. 24 when Tooley was arrested by the New York State Police on charges of criminal possession of a controlled substance during a vehicle traffic stop in Bergen.

During the interaction with the defendant, troopers observed a crack pipe with white residue inside of Tooley’s vehicle.

After the arrest, the defendant’s vehicle was searched, and six New York State unemployment benefit cards were recovered.

The benefit cards were issued to individuals other than Tooley. The benefit cards were turned over to the Buffalo Field Office of the U.S. Department of Labor, Office of Inspector General, for further investigation.  A subsequent examination of bank records for the benefit cards revealed several indicators of fraud and video footage from ATMs where the cards were used confirmed that the defendant had consistently withdrawn money from the cards. Tooley routinely used the personal identifying information of others in order to apply for and collect unemployment benefits in their names. In total, the scheme resulted in a loss of at least $99,141.39 to the United States.  

The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was released on conditions.

The criminal complaint is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, New York Region, under the direction of Special Agent-in-Charge Jonathan Mellone; the Department of Homeland Security, Office of Inspector General, under the direction of Acting Special Agent-in-Charge Todd Allen; the U.S. Secret Service, under the direction of Special Agent-in-Charge Jeffrey Burr; the Social Security Administration, Office of Inspector General, under the direction of Special Agent-in-Charge John F. Grasso; and the New York State Police, under the direction of Major Barry Chase.  

The Genesee County Legislature’s Ways & Means Committee this afternoon recommended approval of the county’s 2022 STOP-DWI plan that seeks an appropriation of $160,910, but not before the program coordinator highlighted the need for more police officers.

“It’s an amazing program,” Assistant Manager Tammi Ferringer said, thanking personnel from the three participating agencies – County Sheriff’s Office, City of Batavia Police Department and Le Roy Police Department – for their efforts in conducting special details in support of STOP-DWI.

But just as quickly, speaking at the meeting at the Old County Courthouse, she noted “the biggest challenge” was that these departments are short-staffed.

“Each agency needs to be commended for changing their schedules (to work the details),” she said. “The officers really gave their all.”

The three police agencies continue to conduct routine enforcement nights with sobriety checkpoints, often resulting in DWI/DWAI arrests, she said, but noted that primarily due to the COVID-19 pandemic, total DWI arrests dropped from 115 in 2019 to 72 in 2020.

Thus far in 2021, however, arrests are trending upward, prompting Ferringer to believe the yearly total will equal or exceed the 2019 number.

She reported that law enforcement participated in all statewide crackdown events (eight of them in all) during the period of Oct. 1, 2020 through Sept. 30, 2021, making 205 vehicle stops. Furthermore, grant funding was used for callouts of local Drug Recognition Experts to help assist officers investigating impaired driving.

One hundred percent of STOP-DWI’s activities is funded from the collection of fines collected from DWI/DWAI offenses, Ferringer said, noting that many arrests are made during normal operationof law enforcement. STOP-DWI provides enhanced activities.

While she is budgeting for $160,910, the program currently has about $100,000 in its account.

Ferringer reported a decline in revenue from $163,418 in 2020 to (projected) $119,063 this year, but foresees an increase in 2022 as the courts reopen and more and more pending cases are adjudicated.

“There’s a backlog in the courts,” she said, adding that judges are “scared” as they see the caseload before them and try to prepare for the impending rush.

She also informed the committee that New York State is changing its terminology – moving away from “crackdown period” and replacing that with “high visibility engagement campaign.” The Labor Day/End of Summer HVEC is running now, through Sept. 6.

As she wrapped up her presentation, County Legislator Gordon Dibble, who represents the towns of Pembroke and Darien, said the Village of Corfu Police Department may be looking to re-enter the STOP-DWI program.

Ferringer’s budget request is expected to be on the agenda of the full legislature’s next meeting on Sept. 8.

Other program highlights are as follows:

• Genesee Justice monitors first-time DWI offenders (non-aggravated) who have received a Conditional Discharge as long as they participate in a one-year monitoring program that includes reporting regularly to a case worker, undergoing an alcohol screening and counseling program, refraining from drinking alcohol and taking part in an intense program for behavior modification aimed at changing attitudes on drinking and driving. It also monitors Leandra Law convictions where the ignition interlock device is ordered on the vehicle.

• Genesee County probation officers provide necessary DWI enforcement activities and enhanced EtG (ethyl glucuronide) alcohol testing for monitored individuals. The department is monitoring an average of 175 DWI offenders per month and has reported 50 violations year to date, which is up slightly from 172 in 2020 with 80 violations amidst pandemic response and shut down.

• Genesee/Orleans Council on Alcohol and Substance Abuse provide case management services, including an accountability component, follow up to the court and referrals to community resources. GCASA’s Victim Impact Panel brings DWI offenders and victims together for offenders to hear first-hand how a DWI crash impacted the lives of others.

• STOP-DWI’s education and prevention component includes participation by the Youth Bureau, leading to the use of images of the local law enforcement agencies for a new billboard to remind the community to not drink and drive. The image will also be used in the future for post cards and other educational handouts. Also, it conducted an adult campaign during the winter holiday season, partnering with local liquor stores to provide them with liquor bags with safe messages to remind the community to not drink and drive. In 2020, six liquor stores were provided 5,800 bags.

• The program’s poster contest winners were acknowledged, as youth and “top cops” were recognized with t-shirts, gift cards, commendations as well as banners with their artwork/pictures on them to display. Brooke Jarkiewicz and Grace Shepard, 11^th graders at Byron-Bergen High School were the grand prize winners, and their design was featured on a billboard for a month during the winter holiday season.

• In July, a “Night at the Ballpark” took place at Dwyer Stadium, supported by the Batavia Muckdogs. Law enforcement personnel joined with county staff and representatives of human services agencies to assist at the heavily attended event.

Representatives of Samsung have visited the Western New York Science and Technology Advanced Manufacturing Park in recent days, Sen. Charles Schumer said today, renewing optimism that the international semiconductor manufacturer may join Plug Power, the Latham-based leader in the development of hydrogen fuel cell systems, in placing a production plant at the 1,250-acre site in the Town of Alabama.

Announcing what he called a "two-pronged approach" at a press conference at the STAMP site off Route 77, Schumer (photo above) said that he has been communicating on a regular basis with the president of Samsung, based in South Korea, and the head of the company's United States operations -- promoting STAMP as the ideal location for the semiconductor facility it is looking to build.

The second prong of Schumer's plan is the passing of special tax credits by Congress to enable Plug Power to expand its operation in Genesee County even beyond its initial projection of producing 45 tons of green energy per day to 500 tons per day by 2025. Plug Power officials are expecting to begin operations at STAMP in about 16 months.

"If we become a manufacturer of high-end chips and if we become a center of hydrogren and hydrogen fuel and hydrogen cells, that will affect jobs in Buffalo, Rochester and all of Western New York," Schumer said. "It will be a great job magnet right here ... in Genesee County ... between Rochester and Buffalo."

Schumer said the goal is to attract jobs and tenants to "this campus right here in Genesee County ... and in Western New York."

He said he is trying to land Samsung's $17 million chip fab and touted Plug Power for building North America's largest green hydrogen fuel cell plant at STAMP.

"Those are two major, major things," he said, drawing applause from several government, business and education leaders who were in attendance.

WNY STAMP is owned by the Genesee County Economic Development Center, which was represented by its CEO/President Steve Hyde and other high-ranking employees and board members.

The senator said key components of the strategy is to obtain federal dollars to attract a company such as Samsung, and "to bring critical infusions of federal support to make STAMP a domestic hub for new semiconductor and clean energy industries -- both."

Schumer said he is "quadrupling down" on his efforts to secure new semiconductor manufacturing at STAMP, adding that he authored legislation to allocate $15 billion dollars "so we can make our own chips here."

"If we don't do it, our national security is at risk and our economy is at risk," he said. "And if they're all made overseas -- in Taiwan and in China -- we're going to lose."

He said that many automobile companies in the U.S. are experience slow production because they can't get semiconductor chips.

"I've told the top brass at Intel, Micron and, of course, Samsung that STAMP is an ideal location, and, of course, I will use my clout as (Senate) majority leader once we get the chip manufacturing dollars passed into law ... I will use my clout to try and bring one of those companies right here to Genesee County."

The United States Innovation and Competition Act of 2021 includes $52 billion in incentives for semiconductor manufacturing and research that Schumer said is critical to Samsung and other companies that want to expand their operations in the U.S. He said the USICA is supported by President Biden and "will get through the House (of Representatives) this fall.

Schumer said he has confirmed that Samsung is considering the STAMP site, although no final decisions have been made. 

"After a lot of calls showing them that STAMP is the right place for them and showing them that they would have the majority leader on their side, in terms of getting an allocation, they came and visited (last month) and saw for themselves. They paid a visit and saw first-hand how STAMP is -- how tailor-made STAMP is for hosting large semiconductor fab right here," he said.

PUSHING FOR PLUG POWER

Concerning Plug Power, Schumer said he is launching a $9.5 billion push to secure new hydrogen investments through the recently-passed, bipartisan infrastructure bill that passed the House and the Senate.

"And we're also including more money for hydrogen and green hydrogen during the upcoming negotiations in the Budget Reconciliation bill," he said. "There are two major parts to this. Already in the bill that passed the Senate, is $8 billion to create four hydrogen hubs in the country. There's no better place than Western New York in terms of hydrogen."

He said Plug Power was the leading hydrogen cell fuel company in the country, and is in near completion of building a "giga-factory" in Henrietta that will employ 380 people.

Schumer said he also is promoting a multi-billion dollar "production tax credit" in addition to the investment tax credit that already is on the books. He said the production tax credit would lower the cost to make green hydrogen by up to $3 per kilogram "and that means more customers for green hydrogen, more demand for the fuel made here at STAMP and more demand for the Plug Power jobs in Western New York."

By increasing the output from 45 tons to 500 tons per day, Plug Power would be creating 700 additional jobs at the STAMP site, Schumer said.

Plug Power's hydrogen cells power forklifts used at some of the world's biggest companies, including Walmart, Amazon and BMW, said Plug Power President/CEO Andrew Marsh, who also was at the press conference.

"The bipartisan infrastructure job act has over a $1 billion for electrolyzers -- for research, demonstration, commercialization and also for reducing the cost and increasing reliability," Marsh said, adding that electrolyzers create hydrogen from green electricity (with) a zero carbon footprint.

He said that leading market experts foresee hydrogen as being 23 percent of the world's energy by 2050.

Marsh said Plug Power's goal is to produce 500 tons of hydrogen per day -- "that's equivalent to a million gallons of gasoline," he advised -- and is poised to do that, in part thanks to raising $5 billion as a publicly-traded company on the NASDAQ exchange.

Currently, Plug Power has 1,700 employees, with 1,000 of them in New York.

From GCEDC President/CEO Steve Hyde:

"The STAMP site was designed and is being built to enable the acceleration of new technologies and advances in manufacturing with our outstanding renewable energy and talent availability. The commitment by Plug Power to bring green hydrogen to the market with Project Gateway at STAMP, and of Senate Majority Leader Schumer to expand the benefit of Genesee County, our region and state, and for the future of our economy and environment."

Photos below: Plug Power President/CEO Andrew Marsh speaking at today's press conference at WNY STAMP site; GCEDC President/CEO Steve Hyde with Schumer and Marsh. Photos by Mike Pettinella.

Nioga Library System personnel have gone above and beyond to provide essential services in the face of a global pandemic that continues to rock our way of life.

That’s the message conveyed Monday by four Genesee County library directors and the executive director of the 21-member Nioga Library System, who appeared before the Genesee County Legislature’s Human Services Committee to seek the same level of funding in 2022 as in this year and to articulate how they have responded to the challenges to meet the needs of their clientele.

The committee received a letter from Kimberly Gibson, library manager at Haxton Memorial Library in Oakfield, asking the legislature to sustain the current 2021 level of $41,680 to support the purchase of library materials for county residents.

County funding covers about 13 percent of Genesee’s six public libraries budget for materials and technology, such as computers, books, music, movies and magazines – including downloadable information, Gibson wrote.

“As we work to maintain our levels of service to our patrons during these difficult times, we face rising costs across the board and, for some of our libraries, we are working with a budget that was drastically cut from the prior year,” the letter continued.

During the meeting, Gibson reported that her library’s budget was slashed by 30 percent and the Byron-Bergen Public Library’s budget was cut by 20 percent.

Nioga Executive Director Tom Bindeman said the network, as a whole, has suffered budget cuts over the past several years.

They were joined at the meeting by Robert Conrad of Richmond Memorial Library in Batavia, Josselyn Borowiec of Hollwedel Memorial Library in Pavilion and Diana Reding of Corfu Public Library. The Woodward Memorial Library in Le Roy is the county’s sixth public library (and all are part of the Nioga system).

All of the state’s libraries closed around March 17, 2020, because of COVID-19 and many were closed up to 16 weeks.

Conrad said the six county libraries were able to coordinate their reopenings for limited service around June 1 and it wasn’t until June of this year when they were able to drop most of the other restrictions.

During that “down time,” librarians followed all of the Center for Disease Control guidelines, Gibson said, including social distancing, mask wearing, temperature checks of employees, frequent cleaning, purchase of Personal Protective Equipment, putting up of plexiglass and computer keyboard protection.

“We did whatever we had to do to get to the place where we could reopen,” she said. “Keeping day-to-day safety last year and into this year has been our priority.”

Contacted yesterday, Conrad said that Richmond Memorial Library staff was able to open for browsing and checkout, “but our restrictions included no general seating and, consequently (and ironically), no reading as well as no in-person programs and only essential computer use.”

Libraries conducted programs, such as the Richmond Reads author visit, children’s story times and movie streaming via Wi-Fi, Conrad added.

Broadband connection to the Internet is critical to libraries’ operational success – a point brought up by Bindeman at the committee meeting.

Noting that 40 percent of Genesee County does not have Internet access, he urged lawmakers to do what they can to provide access to its residents. County Manager Matt Landers said they are aware of the gaps in coverage and have a plan to address the situation as money allocated from the American Rescue Plan Act can be used for broadband.

Bindeman also mentioned that many people, young and old, don’t know how to use a computer or smart phone, and he hoped to institute a plan where libraries and municipalities could provide more training in that area.

Libraries have been up and running for several weeks now and are offering their complete range of services.

Gibson said the computers continue to be “social distanced” and face coverings are required for those who have not been vaccinated.

“We’re grateful to learn that when we reopened how much we were actually missed,” Gibson offered, adding that a silver lining was that the Oakfield library was able to build its social media presence during the shutdown.

At Richmond, masks are required as long as the county's rate of transmission is at substantial or higher, and in the Children's Room until a vaccine has been made widely available for school-aged population.

Conrad said that he believes the 2 ½ months or so that all of the libraries were closed in 2020 represent the first time in the state’s history that its people were not served by libraries of any kind.

The Byron-Bergen Public Library and Haxton Memorial Library are looking to forge agreements with the B-B Central School District and Oakfield-Alabama Central School District, respectively, over the next couple years to be able to receive funding from property taxes as voted on by the public.

Hollwedel Memorial Library in Pavilion became a school district-supported facility last year, joining Richmond Memorial, Woodward Memorial and Corfu Public Library.

Now that a statewide universal masking mandate is in place for all persons in school buildings, a requirement that all teachers and staff be fully vaccinated could be next.

Paul Pettit, public health director for Genesee and Orleans counties, this afternoon said he has heard that Gov. Kathy Hochul is advocating for that to happen, just as she did in instructing the New York State Department of Health to issue the mask mandate -- even after many school districts had developed their own reopening plans based on information that there would be no state guidance.

"The governor is exploring working on requirements for teachers and staff to become vaccinated, or provide and submit to weekly testing that is not in place currently – although we do know that it is one of her initiatives and desires to do that if she does end up with the authority to make that happen," Pettit said on the Zoom call.

To prepare for this situation, Pettit said the local health department is working with schools on testing.

"We do have funds to provide testing supplies to the schools so we’re in the process of getting that to them so they will have that available in their schools for staff or students to provide that onsite," he said.

Pettit admitted that the changing directives pertaining to masks in schools over the past three weeks "has been confusing, and frankly, a ittle frustrating, especially for our superintendents who have really worked hard in the lack of overall state guidance to come up with local plans that accommodated for CDC (Centers for Disease Control) guidelines but also took into account the variance and differences from district to district."

He said his recommendation to superintendents -- who he meets with on a regular basis -- was to use CDC guidance as a blueprint to develop their plans "but ultimately the final decisions on what to include and how it was going to look in every school district was, obviously, we were leaving it up to the local district."

"Some districts already came out with their plans prior to the masking mandate," he noted. "Some we’re waiting to see what happened with the new governor coming in. But, either way, now we do have a new statewide mandate for universal masking which has been put in place by Governor Hochul."

Despite the change of direction, Pettit said the "collective goal all along" for everyone involved was to have all students return to in-person learning this school year ... "and to do it with as few disruptions to that end as possible."

Pettit said the local health department will continue to advocate for local autonomy, something it has been doing throughout the pandemic.

"We’re going to continue to support our schools and the districts as we’re able to," he said, adding that with universal masking in place, the need to quarantine people likely will be reduced. He said CDC guidelines do not require or recommend quarantining exposures to positive cases if both the case and the other contacts were fully masked.

The health director spoke about several other topics related to the coronavirus, as follows:

STATISTICAL INFORMATION

Genesee County:

• Number of positives is at 5,615, with 77 active cases (15 hospitalized).
• Recovered: 4,947. Deaths: 124 (per NYS data).
• Positivity rate is 5.8 percent over the last seven days, with 114 positive tests out of 1,955 who have been tested.

In August, the county has had 253 cases, with 78 of those people fully vaccinated and 175 not fully vaccinated or status unknown. The breakthrough rate is 30.8 percent.

Orleans County:

• Number of positives is at 3,304 total positives, with 64 active cases (two hospitalized).
• Recovered: 2,844. Deaths: 83 (since the beginning of the pandemic).
• Positivity rate: 5.3 percent over the last seven days, with 55 positive tests out of 1,039 who have been tested.

In August, the county has had 199 cases, with 34 of those people fully vaccinated and 165 not fully vaccinated or status unknown. The breakthrough rate is 17.1 percent.

Pettit said as far as the breakthrough cases, the symptoms aren’t severe or asymptomatic, meaning that the vaccine is working.

FOCUS IS ON GETTING PEOPLE VACCINATED

Pettit emphasized that health department personnel's main focus is on the unvaccinated, and encouraged those who haven't taken the vaccine to do so -- especially now that the Pfizer vaccine has been fully approved by the Food & Drug Administration. Moderna and Johnson & Johnson vaccines are still under "emergency use authorization" but are in the process of getting FDA approval.

He said approval for the vaccine to be administered to children 12 and under could happen within the next three months, and that vaccine will be available through the Genesee and Orleans health departments.

People with compromised immune systems or other medical issues will be eligible for a third dose of the vaccine, he said, which also will be available locally.

Concerning booster shots, Pettit said this vaccine will "build up and booster up immunity." Booster shots could be available as soon as Sept. 20, he mentioned, for those who had been fully vaccinated at least six months to eight months prior.

Statistically, in Genesee County 30,078 people have received at least one dose of the vaccine (60.2 percent), with the percentage of those who are fully vaccinated at 53.9. In Orleans County, the numbers are 18,999 (55.4 percent) and 48.6 percent.

OTHER PERTINENT INFORMATION

• Both Genesee and Orleans are classified by the CDC as a "high" level of community transmission, based on a seven-day rolling average. Pettit said most of the state and nation are at that level.
• He said that expiration dates on vaccination cards or Excelsior Pass aren't etched in stone as they were derived from data compiled at that time. He did recommend a booster shot, but said those not getting one still are considered fully vaccinated.
• There are no local mandates on masking, but the guidance is to adhered to CDC recommendations to reduce spread as much as possible.
• Local testing is provided by both counties on a weekly basis, currently one day a week (see link below). He said testing is getting more scarce as the level of vaccination increases.
• Pettit said the health department is unable to verify the results of home test kits as they aren't being reported to the state system.
• With flu season around the corner, Pettit advised all to follow public health guidelines -- avoid touching your eyes, nose and mouth; wash your hands frequently; stay six feet away from others; if you're sick, stay home.

IMPORTANT LINKS PERTAINING TO COVID-19

CDC Guidance for COVID-19 Prevention in K-12 Schools:
https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/k-12-guidance.html

NYS Department of Education- Health and Safety Guide for the 2021-2022 School Year:
http://www.nysed.gov/common/nysed/files/programs/back-school/nysed-health-and-safety-guide-for-the-2021-2022-school-year.pdf

Testing link for both counties:
https://gohealthny.org/covid-19-testing-information/

COVID data is updated on Genesee/Orleans Health Department emergin Issues page on Mondays and Thursdays in the afternoon:
https://gohealthny.org/emerging-issues

Daily (Monday-Friday except Holidays):
https://experience.arcgis.com/experience/5f8401b0516247b490934303e3975e49/

NYSDOH Vaccine Tracker:

https://covid19vaccine.health.ny.gov/covid-19-vaccine-tracker

More visitors, more members, more donations and more programming – especially in the digital realm – have Ryan Duffy, executive director of the Holland Land Office Museum, feeling optimistic about the direction of the history learning center and gathering place at 131 West Main St.

“Now that we’ve grown our digital audience, we feel more confident to continue our outreach … anywhere in the world, we can tell our stories,” Duffy said on Monday afternoon during an annual report to the Genesee County Legislature’s Human Services Committee at the Old County Courthouse.

Calling it the “biggest impact” in a year of positive developments, Duffy said the HLOM experienced more than 4,000 views on its digital platforms and weekly Artifact Video Series on YouTube.

He said that people have made their way to the museum after watching installments of the video series.

“It has been a success and we’ll keep going with it,” he said.

Duffy touched upon several items on the seven-page report he provided to the HSC, primarily indicating increases in attendance, participation and membership, and enhancements in the museum’s collection systems and community partnerships.

He said that visitorship was up by 50 percent over the past year – with more than 1,500 people expanding their knowledge of local history since the museum reopened in July 2020. More than half of those visitors were from outside of the county, he said.

Additionally, more than 275 community members have used the HLOM’s meeting space in that same time period and more than 300 people attended the museum’s special events, programs and concerts in person, he reported.

Membership is up by 30 percent, Duffy said, moving within 27 people of his goal of 200 annual members. As a result, donations more than doubled and gift shop sales and online bookstore sales surpassed last year’s totals.

In collection and exhibit management, Duffy said, “We’ve almost fully modernized our collection system.”

This consisted of inputting index cards into the digital database, ongoing data entry for recently acquired, found and on-display artifacts, and digitizing of paper artifacts and resource materials.

Duffy said the museum collaborates with other historical societies and associations throughout Western New York, and with schools and colleges to offer as much education and outreach as possible, including tours for elementary school pupils.

The museum also has various community partnerships, such as Batavia High School’s Make a Difference Day, United Way’s Day of Caring, GO ART! events and the Buffalo History Museum’s webinar series.

The director also said the museum applied for and received a $2,500 Reach grant from GO ART! to support its History Heroes Summer Program.

Going forward, Duffy said the HLOM board of directors’ strategic plan boils down to “taking what we’ve done and seeing how we can grow.”

Key points of the plan are expanding an online storefront to allow people to buy items from the gift shop remotely, including options for donations, memberships and program tickets; heavier promotion of the museum’s community space, which now has a new projector, screen and audio system; pursuing more grant opportunities, and increasing the number of exhibits.

Duffy said the community space is open to groups from 10 a.m. to 4 p.m. and on evenings (all by appointment) at a charge of $25 per hour. He said it can accommodate up to 60 people – 30 to 40 comfortably.

For more information, go to www.hollandlandoffice.com.

Statement from County Highway Superintendent Tim Hens:

Due to a recent bridge inspection, the South Lyon Street bridge over the Tonawanda Creek in the City of Batavia will be closed to all traffic effective 8/31/2021 until further notice.  The bridge is located between Main St (Rt 5) and South Main Street.

The bridge had been load posted for 5 ton loads for some time, but a very recent inspection has determined that the bridge can no longer handle the minimum allowable loads of 3 tons.  A bridge replacement is under design and it is scheduled to be replaced completely with a new 2-lane structure.  It is expected that the design will be completed in November and that advertising of construction bids can be completed at that time. The new bridge should be open to the public by the end of September 2022.

The County and City of Batavia will be coordinating the posting of a detour once the bridge is closed. Any questions regarding the closure may be directed to Deputy Hwy Supt David Wozniak or Asst County Engineer Laura Wadhams at (585) 344-8508.

Genesee County stands to receive more than $400,000 via a settlement between New York State and the pharmaceutical companies comprising the Johnson & Johnson brand for their role in contributing to the nation’s opioid epidemic.

The county’s Human Services Committee today, on the advice of County Attorney Kevin Earl, recommended adoption of a resolution that would enable Genesee to participate in the New York Opioid Sharing Agreement.

The settlement, negotiated by New York Attorney General Letitia James, would provide Genesee County with a sum between $177,000 and $413,000, Earl said, with approximately half of the money to be "front-loaded" as an initial payment representing the first three years – possibly as soon as February 2022.

"It is my understanding that the balance will be paid over the next nine years on the state's remaining 10-year payments," he added.

Earl said the actual amount is on a sliding scale, depending upon the number of municipalities opting in.

He said there is a good chance that the county would get its full share of the settlement funds, which could be as high as $229 million to New York State.

The resolution passed by the HSC (which is subject to approval by the full legislature next week) alleges several causes of action against defendants Johnson & Johnson, and affiliates based on claims that J & J contributed to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and by falsely promoting the increased use of opioids directly and generally through various “front groups” and failing to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to a public health crisis in the County of Genesee.

As reported previously on The Batavian (see link below), Genesee County has retained the services of Napoli Shkolnik PLLC of New York City to litigate on its behalf. Earl said this firm and another based in New York City represent the vast majority of municipalities in New York State.

Earl said two other law suits are in the works – one against Pharma, maker of oxycontin, which has filed bankruptcy (reorganization) and the other against the distributors of these powerful drugs.

“That’s three potential bites of the apple (for the county),” he said.

Any funds received in the Johnson & Johnson case would have to be used in areas related to expenses incurred as a result of the opioid epidemic, Earl said, although “there is quite of bit of flexibility” in the guidelines.

Those uses would include treatment/support groups, prevention, training, first responders and research. Allocation of the funds is being coordinated by the NYS Office of Addiction Services and Supports.

Previously: GCASA director: Multimillion dollar deal with opioid distributors would 'stabilize' treatment system

Congressman Chris Jacobs no doubt spoke for millions of Americans when he expressed his appreciation for those men and women who possess the ability to work with their hands.

Jacobs was the keynote speaker this afternoon as economic development, business and educational leaders from the four-county area gathered together at the Genesee County Fairgrounds to promote the third annual GLOW With Your Hands career exploration event.

The career day is scheduled for Sept. 28 at the fairgrounds on East Main Street Road.

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Related story: Dansville construction firm excited to support 4-H

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About 700 students in grades 8-12 from 30 school districts and home school groups along with 40 vendors from different trades are expected to participate.

“Prior to being in elected office, I have a real estate development company – mostly in Erie County. But, I have no skills, myself, as far as trades, and my wife will attest to that,” Jacobs revealed, drawing a laugh from the 30 or so people in attendance.

“But, I’ve always enjoyed so much … working with the trades and I still do a little bit – projects – because I was always amazed by the skill sets they brought. Their ability to – I think someone said, problem-solve. That’s what they do every single day because every single project has different variations and challenges and factors, and they have to adopt.”

Jacobs said that the “level of skill and adaptability that I’ve seen in the trades is something that I’ve always had such admiration for, and that’s one reason I enjoyed so much being a real estate developer.”

With that in the backdrop, Jacobs said he will continue to work with Assemblyman Steven Hawley (who spoke after him) and state leaders to secure the funding necessary to keep GLOW With Your Hands going – and hopes that he will be able to attend the event on Sept. 28.

He said he was impressed with the inaugural event in 2019, noting that he took part in the nail hammering competition and tried his hand at welding.

“I have always thought … it’s giving children – I think it’s very important for our kids to see a future that lies ahead and opportunities that lie ahead …,” he said. “I also think that, and I know we have educators here, that the ability to understand application (and kids realizing that) ‘OK, that makes sense why I’m in class learning math because I need to measure things and it actually has a real world application.’”

The NY-27 representative commended the many partners in the GLOW (Genesee, Livingston, Orleans and Wyoming) region that “are doing so many things for this event, but also in charting the new path for the future of our region.”

“It cannot happen without a skilled workforce. So, this is critically important for the future of these children to be able to achieve what their dreams, aspirations and talents lie, but also that we cannot achieve our broader objective without them.”

Jacobs emphasized the importance of having local leaders determine the outcomes for their communities.

“Bring it down small, bring it down local to empower those on the ground to be able to do what they think is right,” he said. “That’s what we need in our federal policy, too, and clearly what you’re doing with federal resources – and I want to make sure we get more federal resources to you to continue to build upon this … that we go every year to make sure that we have more and more kids going into the trades.”

Chris Suozzi, vice president of workforce development, Genesee County Economic Development Center, and Jay Lazarony, executive director of the GLOW Workforce Development Board, are co-chairs of this year’s GLOW With Your Hands career fair.

Suozzi thanked Genesee Construction of Dansville as double platinum sponsor and LandPro as platinum sponsor, before commending the event’s executive committee and volunteers from the educational and business communities.

“Workforce development is a team effort,” he said. “We know that often the most important aspect of the region’s competitiveness is the quality of the workforce. And with an educated and skilled workforce that businesses can tap into to sustain their operations, the GLOW region will meet the needs of companies and communities.”

Suozzi said the area’s youth are talented, and need to learn about career exploration prior to graduating because it would be “too costly and too late” after that.

He noted that participants at the career day will experience first-hand activities associated with careers in agriculture, skilled trades like welding, bricklaying, electrical wiring, heavy equipment operation and “advance manufacturing that tie into our number one program that we just announced at the Genesee Valley Partnership (BOCES) in electromechanical.”

“(It’s) the number one program in New York State, and we’re excited about that,” he said.

Others involved in making the career fair happen, who spoke during the 30-minute presentation today, are as follows:

Karyn Winters, Genesee County Business/Education Alliance director:

“GLOW With Your Hands is providing students with great pathways to a strong network of programs to guide their growth. Businesses have been tremendously supportive of this mission and also provide great jobs.

“With the BEA, I get first-hand the excitement that kids have working with their hands. We just finished out summer career exploration camps this year, and with GLOW With Your Hands even more students will have the opportunity to see various construction trades that will be at this event.

“Trades and many companies offer apprenticeship programs that can result in workers acquiring highly sought-after skills.  Live demonstrations and start the recruitment process for their next generation of workers.”

Molly Huangs, LandPro Equipment (John Deere distributor) marketing manager:

“It has been an amazing experience to see organizations from four counties work together in collaboration to promote career trades in our area. It is also truly been incredible to see so many companies offer support as well as investing financially.

“Being able to promote to our youth the incredible opportunities and careers available right here in our four-county region is critical to many businesses, including our own.

She said LandPro’s technicians’ career paths they have chosen allow them to “feel fulfillment at the end of every day.”

“That is the message that we as the GLOW With Your Hands career fair committee is working to get to our youth and their families. A career in trades offers our youth to work hard, learn, continue education and provide a lasting and lucrative career that can combine passion with success.”

Angela Grouse, Livingston County Chamber and Livingston Education Alliance director:

“Students with a wide array of interests and abilities will have the opportunity to explore today’s world of work. Hands-on interaction with over 40 vendors from agriculture, advanced manufacturing, skilled trades and food production industries will support students in discovering amazing career opportunities, featuring good pay, competitive benefits and upward mobility that exist right here in our own backyards.”

She said she hears from businesses daily on the challenges of finding qualified staff, as well as the talent pipeline and skills gaps, and the importance of workforce development.

“They are asking how they can connect and share opportunities, and develop the next generation of employees. The answer is right here at GLOW With Your Hands.”

Jay Lazarony, GLOW Workforce Development Board executive director:

He thanked the sponsors and the “army of volunteers that will ascend upon the fairgrounds in just four short weeks.”

“It is no secret that there is a strong demand among employers to replace retiring workers and in some instances, the need is immediate – especially businesses that require specific skills … It’s important to note that a significant portion of these jobs do not require a four-year college degree.

“Training provided by these companies in our region’s workforce and educational organizations can result in someone starting a great career soon after graduation. How many of you would have liked that advantage when you were just graduating from school?”

Assemblyman Steven Hawley:

Hawley mentioned that in 2019, Gov. Kathy Hochul, then New York’s lieutenant governor, participated in the GLOW With Your Hands event.

“I think we have a good partner in her, as well, to support these kinds of efforts,” he said.

Then, he brought up the abundance of employment opportunities around the state (as he did in a story on The Batavian on Sunday).

“We need folks to want to work again. We need them to have their hands on instead of their hands out. We want folks to be contributing members of this society that makes America what it was and hopefully will be again.”

Photo: Key contributors to the 2021 GLOW With Your Hands career exploration event are, from left, Jay Lazarony, Angela Grouse, Alexis Merle, Congressman Chris Jacobs, MaryEllyn Merle, Chris Suozzi, Assemblyman Steven Hawley, Karyn Winters, Molly Huangs. Photo by Mike Pettinella.

The project manager for Genesee Construction of Dansville said her company couldn’t be happier about its contribution to this year’s special project for the GLOW With Your Hands career day on Sept. 28 at the Genesee County Fairgrounds.

MaryEllyn Merle, speaking after today’s session to promote the event, said Genesee Construction will be building a handicap ramp leading to the entrance of the Laing Kennedy 4-H building at the fairgrounds.

“Rather than bringing something here and have it set up to show the kids a fake sidewalk, for example, why not do something for the fairgrounds at the same time?” she said, noting that her firm will be donating its time and materials for the ramp. “And what makes it better is that it is going to support 4-H because we’re super passionate about 4-H.”

She said masons will come to the fairgrounds the day before the event and form and prepare the slab.

“Then, on September 28^th, we will have a couple of our masons on site who will pour and show the kids the technique of finishing the sidewalk. That’s the hands-on project,” she said.

Merle said the ramp will measure about 12 feet, and will feature a railing outside of the door.

In 2019, Genesee Construction poured an 81-foot sidewalk at the fairgrounds’ arena in conjunction with GLOW With Your Hands.

“This event gives us hope that we’re going to find the next generation of youth for these highly-skilled jobs,” she said.

Photo: Alexis Merle, left, executive assistant, and MaryEllen Merle, project manager, of Genesee Construction showing ramp that their company will be building. Photo by Mike Pettinella.

Wesley Thigpen

Wesley N. Thigpen, 40, of Batavia, is charged with two counts of predatory sexual assault against a child following a sex abuse investigation by Det. Jason Ivinson. Thigpen is accused of a continuous course of conduct where he sexually abused two children while they were under age 13 in the City of Batavia between 2007 and 2016. Thigpen was arraigned in City Court and ordered held without bail. (Thigpen is currently in state prison serving a sentence on prior sexual abuse charges. Mugshot is from 2019.)

Nathan W. Stringer, 46, of West Linden Avenue, East Rochester, is charged with DWI, DWI with children in the vehicle (Leandra's Law), breath test refusal, moved from lane unsafely, and unlicensed operator.   At 9:28 p.m., Aug. 28, deputies responded to 8483 Alleghany Raod, Pembroke, for a report of a vehicle accident and a vehicle in a ditch.  Stringer was reportedly operating the vehicle and allegedly found to be intoxicated. There were four children in the car, all under age 15. Stringer was issued an appearance ticket.

Norman James Humel, 62, of Sumner Road, Darien, is charged with DWI, driving with a BAC of .08 or greater, unreasonable speed, moved from lane unsafely, failure to keep right, and refusal to take breath test. Humel was arrested following an investigation into a motor vehicle accident at 5:22 p.m., July 19, on Read Road in Pembroke by Deputy Kyle Krzemien. Humel was released on an appearance ticket.

Zachary S. Natale, 28, of Beacon, is charged with grand larceny 4th and burglary 2nd. Natale was charged with a burglary on Elm Street in May 2017.  He is currently in prison at Fishkill Correctional Facility on unrelated charges. He was ordered held without bail.

Joseph D. Turner, 39, of Albion, is charged with harassment. Turner was arrested on a warrant. He was arraigned in City Court and released on his own recognizance.

Eric P. Doleman, 51, of Pembroke, is charged with petit larceny and criminal possession of a forged instrument 1st. Doleman is accused of knowingly using a counterfeit $100 bill at a local business. Doleman was arraigned in City Court and ordered held without bail.

Rhonda L. Reisman, 49, of Batavia, is charged with criminal contempt 2nd. Reisman allegedly failed to comply with a court order. She was issued an appearance ticket.

Brian P. Griffin, 36, of Batavia, is charged with criminal obstruction of breathing, attempted assault 3rd, and endangering the welfare of a child. Griffin is accused of getting into a physical dispute with a juvenile on Ellicott Place at 4 p.m., Aug. 18. Several other children were allegedly in close proximity to the incident. Griffin was arraigned in City Court and ordered held on $2,500 bail, $5,000 bond, or $10,000 partially secured bond.

Alyssa J. McKenzie, 23, of Batavia, is charged with harassment 2nd. McKenzie is accused of punching another person in the face on Aug. 23. She was issued an appearance ticket.

Andre L. Bryan, 42, of Batavia, is charged with harassment 2nd. Bryan is accused of striking a Batavia police officer in the face during an incident on Aug. 24 on East Avenue. He was issued an appearance ticket.

Michael J. Robbins, 61, of Batavia, is charged with petit larceny and criminal possession of a controlled substance. Robbins was allegedly found in possession of stolen property after an investigation into a larceny on East Main Street, Batavia.  He was issued an appearance ticket.

Danielle R. Tooley, 36, of Batavia, is charged with bail jumping 2nd. She was arrested by State Police and released on her own recognizance. 

Abigail E. Button, 26, of Charlotte, N.C., is charged with assault 3rd and criminal mischief 4th. Button was arrested by State Police at 10:51 p.m., Aug. 28 in the Town of Batavia. No details of the incident were released. She was issued an appearance ticket.

Tzepheniah R. Maccabees, 21, of Buffalo, is charged with DWI.  Maccabees was stopped by State Police at 5:20 a.m., Aug. 22, in the Town of Batavia. He was issued an appearance ticket.

Shawnika D. Spears, 34, of Buffalo, is charged with identity theft 3rd. Spears was arrested by State Police at 2:21 p.m., Aug. 13, in the Town of Alabama. She was issued an appearance ticket.

Genesee County came out much better than expected in terms of its financial health in 2020, according to the certified public accountant who conducted the municipality's yearly audit.

“You fared fairly well. You had budgeted a deficit, and you actually came out better than you had anticipated,” said Kathryn Barrett, director at Freed Maxick CPAs, P.C., as she and colleague Nicole Ryan summarized their report earlier this month for the Genesee County Legislature.

Barrett said the county took in about $5.3 million less than budgeted in 2020 (its fiscal year is January through December), but spent about $8.5 million less than budgeted.

“So, budget to budget, you did much better, and that helped build that positive fund balance,” she noted, adding that the audit uncovered no deficiencies or material items.

The county’s net position of primary governmental activities increased by $4.2 million from 2019 -- to $149.5 million, and its net position on business type activities increased by $2.9 million, she reported.

She said the audit looked at two sets of financial statements -- government-wide or “a picture of what you look like as an entity rather than a fund by fund basis” and fund basis or “how you look at yourself and manage your operations on a day by day basis.”

Genesee, at year's end, had a deficit of $19.8 million in the Tobacco Asset Securitization Corporation (which handles tobacco settlement funds), which is consistent with prior years, Barrett reported. The county, however, had positive balances in the self-insurance ($3.1 million, up $810,000); Workers’ Compensation ($1.8 million, up $1.2 million); and water ($3.9 million, up $1.4 million) funds.

Barrett said the county’s participation in the New York State Retirement System this year has had a significant impact on government-wide operations. She said the plan is underfunded, but some of that has to do with the fact that the plan was measured on March 31, right at the beginning of the COVID-19 pandemic.

“That increased the net liability on the government-wide financial statements by about $5.4 million – it almost doubled from what it was last year,” she said. “So, that can go up and down in any particular year because of the assets that are invested in the open market and how they are performing at any particular point in time.”

Noting that the retirement system is funded at high levels – 96.3 percent in 2019 and 86.4 percent last year, she said it was a “temporary blip” and the county could see “a complete turnaround next year …”

Looking at the fund basis figures, the overall fund balance increased by $1.3 million in the general fund to a total fund balance of $44.4 million. She said the county used about $10 million of its capital reserve, but also set money aside for 2021 to offset any revenue loss, and also appropriated money for sales tax, Medicaid and jail debt service.

On the revenue side, revenues decreased by $1.6 million or 1.5 percent, again better than anticipated, while expenditures decreased by just less than $500,000 or .5 percent.

She said the county is considered a low-risk auditee, based in part on spending $2.2 million less in federal funding from 2020 to 2019.

For 2020, the county’s primary government invested $7.3 million in governmental activities capital assets, including $2.1 million in construction work in process, $280,000 in buildings and improvements, $3.7 million in infrastructure and $1.2 million in equipment, machinery and other capital assets.

The county tax rate was $10.11 per $1,000 of assessed value in 2020, up 7 cents per $1,000 of assessed value from the 2019 county tax rate.

Ryan commented on the management report section of the audit, stating, “We didn’t have any findings from the single audit and usually those are the most lengthy findings that we would have.”

She also said she found no significant issues.

One operational matter involving cybersecurity was identified, Ryan said.

“Our risk advisory services provide a little more of an in-depth look from the cybersecurity perspective, from that IT (Information Technology) perspective,” she said.

Barrett said Freed Maxick’s advisory group would be available to assist the county in addressing this issue.

“They’ve helped other clients in this area identify weaknesses and help them remediate and put together a plan of remediation,” she offered.

Genesee County’s representatives in Albany are unified in their thinking that New York State needs to release the $2 billion in federal rent relief money it has been holding on to and that local school districts – not the governor – should have the authority to develop their own reopening plans, especially when it comes to mask wearing.

The Batavian reached out to Sen. Edward Rath (photo at right) and Assemblyman Steven Hawley (photo at left) today, seeking the Republicans' opinions on the eviction moratorium issue, mask mandates for schools, extending emergency powers to the executive branch and working with Gov. Kathy Hochul, a lifelong Western New Yorker.

ON RENT RELIEF, EVICTION MORATORIUM

“We’re talking about a lot of money across New York State to the tune of $2.7 billion, and it’s my understanding that only about 10 percent of that money has been allocated for rent relief for tenants as well as reimbursement back to the landlords,” Rath said. “That is absolutely shameful.”

He said the state “needs to get its act together” to get these funds to tenants and landlords. Currently, the process to release this money has been slow and cumbersome.

“I will do everything in my power to make sure that we have a system and a process in place to rapidly dispatch this money,” he added. “And, I know that this is a priority of Governor Hochul; I’ve heard her say it on a couple of occasions.”

The senator said that he would be willing to go back to Albany for a special session on this topic, and also to participate in “a sensible discussion” about ending the eviction moratorium.

Recently, the U.S. Supreme Court ruled against the state’s moratorium, which is scheduled to end on Tuesday, but Rath said that Hochul and some state legislators are talking about ways to extend it once more.

He said he is “absolutely” against another extension.

“We need to start getting back to normal. All of the housing courts have been shuttered for well over a year, so there’s no opportunity for a building owner or a landlord to get any relief through the housing courts,” he said. “We have had this extended evictions moratorium for a very, very long time, and we need to bring some normalcy back to our housing and to the landlords, who have been paying their bills or struggling to pay their bills without any relief.”

Hawley blamed New York’s obsolete technology and unfair financial practices in his assessment of the rent situation.

“Well, just like everything else, money – when it involves the government, it tends to be not like the real world, necessarily,” he said. “It takes forever. We have an antiquated system in New York State for pretty much dispersing any money.”

The assemblyman said municipalities and counties have been waiting for money from the state for months on end.

Time to Stop ‘Floating’ the Money

“It’s called the ‘float’ … where an entity keeps someone else’s money and utilizes it for something else,” he offered. “So, good luck to the governor in terms of getting the money out to where it should be. Frankly, I have great deal of concern for those folks – landlords across the state who haven’t had any rent coming in.”

Hawley brought up another point of contention: The inability of employers to fill open positions.

“There are folks who could be going back to work,” he said. “We have signs up and down Main Streets all across State of New York; I’m taking pictures of them, in fact, showing ‘Help Wanted,’ ‘Apply Within,’ ‘Apply Online.’ ‘Apply by calling a number.’

“What happens, unfortunately, is that people are receiving money from the government in many cases – whether it’s for unemployment or other reasons, and they’re not willing to go to work. This, basically, allows folks … to receive something for nothing.”

He noted that landlords are in difficult straits.

“It has been well over a year since many of them have had any cashflow coming in themselves -- whether they’re a retired person who decided to buy a property and lease it out or someone … who has a business and depends on that for their living, and they’re working,” he said. “We need to get people back to work. There are plenty of jobs out there and we have got to stop sending money for people not to work.”

He agreed with Rath that the state has to simplify the process so tenants will be able to complete the paperwork to access the federal funds, but he stopped short of saying that it’s the property owners’ responsibility.

“There are landlords that could assist with that, but we’ve also got Social Services in each county, Office for the Aging, Cooperative Extension, churches that might be able to help folks fill those out,” he said.

ON MASK MANDATES IN SCHOOLS

Gov. Hochul, entering her second week in office, has made it clear that she wants a universal mask mandate where everyone must wear masks inside school buildings.

This is what she said on Thursday:

“So, we’re going to have a mask mandate. Get used to it, my friends! I’m going to make sure that that environment for school is safe for our children, teachers, and administrators, so that’s why we’re going to have that across the state of New York.”

In the eyes of Rath and Hawley, that is not the best way to proceed. Both said they are not in favor of a “one size fits all” approach.

“I firmly believe that the local authorities and local school districts know what’s best and know what’s right for their school districts,” Rath said. “Albany certainly doesn’t know what is right for upstate and New York City does not know what’s right for upstate in regards to masks, vaccination and social distancing.

“Let’s empower our local school districts to come up with a strategy which is correct and appropriate for them. A rural and an agricultural school district is very different from an urban school district.”

Hawley said that he has been talking to superintendents in the area, and noted that some districts have already released their guidelines – many of them recommending, but not requiring, masks in the classrooms.

“Just three weeks ago, when the former governor was still in office, his commissioners and health department came up with a rule that said that locals should decide, that local county health departments and school districts and school boards should come up with their own plans because they know their area, their people and their percentage of positivity the best,” he said.

“Just look at the number of folks who live in New York City and the boroughs. Each of those boroughs have their uniqueness and their own response to the pandemic. Right now, oddly enough, NYC has the lowest positivity rate in the state.”

Hawley said counties should be able to decide for themselves, and that school districts reacted to what came out of Albany and we’re preparing accordingly.

“And then all of a sudden we have the new governor coming out with masks for all,” he said. “One size just does not fit all.”

ON EMERGENCY POWERS FOR GOVERNOR

Rath said he has “serious concerns” as far as reinstituting the governor’s emergency powers.

“What we saw in New York State was a unilateral approach from Governor Cuomo when he had the emergency powers, and I thought that it was inappropriate,” he said. “The state Senate and the state legislature, overall, is a co-equal branch of state government. No governor should have extended, unilateral emergency powers for decision-making, no matter if it’s a pandemic or if it’s times when we are not confronted with something like a pandemic.”

He said he would be vocal in his opposition to that for Hochul “because the Senate and the Assembly need to have a seat at the table and be a part of the decision-making process.”

Hawley said he wasn’t in a position to “guess” on whether that would happen or not, but shared that, again, “we don’t need a singular individual making up rules, regulations and mandates across the state …”

ON WORKING WITH GOV. HOCHUL

Both legislators said Western New York and the Finger Lakes Region should benefit from Hochul’s ascension to governor, but will be sure to remind her of this area’s needs and priorities.

“Kathy has represented this area as a county clerk, certainly as a member of the Hamburg Town Board as well as in Congress. So, she has a high level of awareness of our issues and our priorities,” Rath said. “She’s also going to improve the tone and tenor of our state government, there’s no question about that. The toxicity, if you will, of Governor Cuomo was really difficult to work within and we’re going to have a vast improvement there as well.”

He said Hochul knows the issues in this area, and “I’m going to be a very loud voice reminding her to prioritize what needs to be accomplished here in our communities.”

Hawley, noting that Hochul, a Democrat, represented most of his Assembly district, said he’s hopeful that she “remembers her roots, each of the restaurants and each of the churches, and the Holland Land Office and Orleans County, and remembers what it is like where we live as opposed to what it is like where folks from New York City live.”

He acknowledged that downstate lawmakers, due to the huge population they represent, tend to have more influence than others, but is hopeful that she will “do the right thing.”

“This mask mandate is not indicative of that, but we’re going to continue to work with her,” he said. “Personally, I like her, and we’ve always gotten along well together. Hopefully, she remembers that regardless of where we’re from, we’re all New Yorkers.

“We’re all residents of New York State, and we have different needs, wants and desires, and they ought to be recognized.”

The U.S. Supreme Court’s recent decisions to put an end to eviction moratoriums imposed due to the COVID-19 pandemic were long overdue, according to a Batavia landlord who says months and months of not receiving rent have affected property owners big and small.

“There’s probably 50 percent of the houses in Batavia that are rentals and have landlords, and it really has affected people,” said Duane Preston, owner of Preston Apartments LLC. “A lot of it affects the little guys. If you have one or two houses and have tenants that aren’t paying, that really hurts.

“That’s 50 percent of your income that’s coming from the rent. The other 50 percent, you have to pay taxes and utilities. You’re not going to make the mortgage.”

Preston said that large city property owners with sprawling apartment complexes or housing developments have been severely hampered.

“We’re in a little town of Batavia, where we have a feel of who we have for tenants. But go to the big cities like Buffalo or Rochester, and you have hundreds and thousands of units, that will really affect them a lot more than just little me,” he said.

While landlords across the country are out billions of dollars in back rent, they now have the right to evict tenants due to the Supreme Court’s ruling on Thursday to allow evictions to resume.

The highest court’s Conservative majority blocked the Biden administration from enforcing a temporary ban enacted by the Centers for Disease Control.

The Associated Press reported that about 3.5 million Americans will no longer have these protections, stating the CDC did not have the authority to re-institute the moratorium without “explicit congressional authorization.”

Prior to that, on Aug. 12, the court struck down New York State’s eviction moratorium, known as the COVID Emergency Eviction and Foreclosure Prevention Act, which had been set to expire on Aug. 31.

Per a story in The New York Post:

“Renters no longer can evade evictions “by submitting a hardship declaration form to the state explaining lost income due to the pandemic or that moving would harm their health. A separate measure protecting renters who can prove to a court they’ve suffered because of the pandemic remains in place.”

Preston said New York’s rental assistance program is good in theory but has failed for two basic reasons: bureaucratic red tape in processing and the state holding most of the $2.7 billion in relief for tenants and landlords that it received from the federal government.

“The rent relief program money which is in the hands of New York State – only about 10 percent of that money has gone out, out of $46.5 billion (nationwide) that has been set aside for rent relief.,” he said. “How is that helping the landlord right now? It’s not. That money should be out to stop the evictions.”

He said that he has been stuck between a rock and a hard place.

“It’s not the rent relief program – that’s great if you can get the money – but you’ll still have tenants that just won’t pay and won’t help you get your money (by enrolling in the rent relief program),” he said. “They know they will be getting evicted after a year and a half that they’ve been in your house, and they don’t want to go through that process. So, the landlord is not going to get a dime. Those are the people we can’t get rid of.”

Preston said he regularly works with tenants who are late on their rent, but “it’s when the tenant doesn’t want to work with you; then we have no recourse.”

New York’s new governor, Kathy Hochul, earlier this week said she has a plan to expedite the $2.7 billion.

According to a story in The New York Daily News, Hochul said, “I am not at all satisfied at the pace this COVID relief is getting out the door. I want the money out now, with no more excuses and delays.”

Her office, per the story, indicated that steps to distribute this money include hiring more staff to process applications, implementing a rapid review of the program’s “workflow,” and reassigning 100 contracted staff to work solely with landlords to complete pending applications.

Randy Dumbelton

Randy J. Dumbleton Jr., 38, of Rochester, is charged with felony attempted assault 1st, assault 2nd, criminal possession of a weapon 3rd, and obstructing governmental administration. Dumbleton is accused of being involved in an incident on Lake Street, Le Roy, on July 22. On that date, Le Roy police officers were dispatched to a reported stabbing. Upon arrival, police located a female victim who had been stabbed twice in the arm with a pointed weapon and suffered a glancing scrape in the abdominal area.  During the investigation, Dumbleton was identified as the alleged suspect and was located nearby and taken into custody after trying to hide in a nearby wooded area.  Dumbleton was arraigned in Le Roy Town Court and ordered held in lieu of bail. Dumbleton was also referred to the NYS Division of Parole for an alleged parole violation.

Antonio Santiago, Jr., 43, of Ferndale Crescent, Rochester, is charged with harassment 2nd. Santiago allegedly punched and pushed a companion while at Darien Lake Theme Park at 5:55 p.m., Aug. 24.  He was arraigned in Town of Pembroke Court and released.

Story and photo by Alecia Kaus/Video News Service.

Ken Barrett, owner of Ken Barrett Chevrolet/Cadillac in Batavia, surprised the Genesee County Sheriff’s Office with a $2,500 donation to the K-9 Fund this morning.

A new warehouse for its food and beverage operation.

More parking on the former Kmart parking lot.

A potential street maintenance contract with the Town of Batavia in light of the Park Road Reconstruction Project.

Directors of Western Regional Off-Track Betting Corp. continue to be called upon to approve spending resolutions to enhance the Batavia Downs Gaming & Hotel enterprise.

The board, at this morning’s monthly meeting, approved several measures, including spending nearly $1 million to build a new 4,800-square-foot warehouse south of the facility, near Tops Market, and $75,000 for additional parking on the site across the street next to the former Kmart store.

It also will be asked, probably next month, to consider an agreement with the town where Batavia Downs’ crews would take care of maintaining trees, street lights and sidewalks – amenities that WROTB has agreed to pay for during the town’s rehabilitation of Park Road.

WAREHOUSE

WROTB President/CEO Henry Wojtaszek said the warehouse project is being done for efficiency and cost savings.

“It’s a project that has been on the drawing board for a long time,” he said. “We actually bid it out in 2019 (and) it was a little higher than we wished to spend on the project. We were looking to spend somewhere close to one million dollars, and now we’re actually financing it for close to one million dollars.”

According to a pair of approved resolutions, the pre-fabricated steel structure will cost $921,712.18 to build, plus another $52,818.63 in engineering and architectural costs via a contract with E I Team Inc. of Buffalo.

Lowest bidders for the construction work are Ed Hulme General Contracting of Warsaw for the concrete foundation/asphalt ($325,545.18), Building Innovation Group Inc. of East Rochester for pre-fabricated steel building ($328,264), Suburban Electric of Albion for electrical/fire/closed circuit television ($143,000), and Crosby-Brownlie Inc. of Rochester for heating, air conditioning and plumbing ($114,900).

“We went back and reduced some of the things we asked for originally in the designs and the drawings, and we re-bid it and it came back at 921 (thousand), which they passed today,” Wojtaszek said. “It allows us to put all of our F&B supplies in one central place; it will be more efficient and it will be cost-effective. It’s something we have talked about for a long time and now it is coming to fruition.”

PARKING

Wojtaszek said he and the board talked at length about the parking situation, agreeing to pay $75,000 for customer parking through next May. The property owner has not been charging Batavia Downs for several years prior to this agreement, he noted.

“We need it basically during the concert season to accommodate the patrons that want to park over there, and then, in the off months during this period of time, we need it because of the warehouse project,” he explained, adding that gaming customers will be able to use most of the parking lot if needed.

The property is owned by 570 DAB 30, LLC (Benderson Corp.), which is looking to develop it in the near future, Wotjaszek said.

PARK ROAD

Back in March, WROTB directors voted to pay the town up to $395,000 for property enhancements as part of the Park Road Reconstruction Project that is scheduled to commence this fall.

Costs of conduit, light fixtures and trees have gone up since then, Wojtaszek said, forcing the board to allocate additional funds, bringing the total to $488,000.

He said the total Park Road project price tag exceeds $4 million (around $4.3 million). Most of it is being paid for by New York State.

“We’ve worked very closely with the Town of Batavia … It will be a great addition -- beautification of that road and curb appeal that will extend to our business. We’re very excited about it,” Wojtaszek said.

He also said he expects the board to approve a contract with the town for Batavia Downs’ maintenance crews to take care of maintaining trees, street lights and sidewalks, and for snowplowing of that portion of the road.

In other developments:

• WROTB will distribute $74,267 in surcharge earnings to member municipalities for July;

• Batavia Bets, the corporation’s interactive online platform, has took in $12.5 million so far this year, up $2.1 million from the same time in 2020;

• Directors authorized spending around $170,000 annually over five years to purchase suites from Western New York Arena for Buffalo Sabres, Buffalo Bandits and other arena events. Marketing Director Ryan Hasenauer said the corporation saved $27,000 by extending the pact to five years.

Calling it a “success story after success story after success story,” Scott Kiedrowski, vice president of operations for Western Regional Off-Track Betting Corp. this morning informed directors of Batavia Downs Gaming’s recognition as one of four Arc New York 2021 Employer of the Year Award winners.

“We employ and welcome a number of individuals (from Arc of Genesee Orleans) who have job coaches to acclimate themselves to the building,” he said. “The program has really taken off. It gives these folks an opportunity they may not have in other areas to work, and it has been a success story after success story after success story, with all of those we have brought in to work here.”

Kiedrowski (pictured above) accepted the award on behalf of the corporation on July 29 via a statewide Zoom call.

Batavia Downs was the only business in Western New York honored this year for acknowledging the value of employing people with disabilities. Kiedrowski said between five and 10 people representing the Arc of Genesee Orleans work for the company.

“They start with a job coach and before long, they’re on their own, and it’s been working,” he said. “If ever there was an example of how this is supposed to work, it’s working here.”

In a press release previously posted on The Batavian, Arc of Genesee Orleans Director of Development Shelley Falitico says Batavia Downs has been a longtime friend of the agency, hosting Arc Night at the Races and Arc’s annual awards banquet.

Additionally, several employees from Batavia Downs’ Human Resources department took part in an onsite training – The Benefits of Hiring a Person with a Disability -- at the Arc location on Walnut Street.

The plaque reads as follows: "For demonstrating outstanding commitment and support in providing meaningful employment and acceptance of individuals with intellectual and other developmental disabilities in the workplace."

Photo by Mike Pettinella.

Previously: Batavia Downs chosen as one of four statewide recipients of the 2021 Arc Employer of the Year Award

This afternoon’s approval of a new sales tax allocation agreement with the City of Batavia – a move that clears the way for the annual distribution of $10 million in sales tax revenue to Genesee County towns and villages – was a significant moment in the eyes of County Legislature Chair Rochelle Stein.

So significant, in fact, that she marked the occasion with a resounding swing of her gavel on its wooden block.

“I’m excited (by this),” she said after legislators unanimously passed the “Modified Amended and Restated Sales Tax Allocation Agreement Between the County of Genesee and the City of Batavia.”

Stein, no doubt, also was relieved that lawmakers passed this and a subsequent, connected resolution ratifying the Town of Darien’s willingness to enter into an “Amended and Restated Water Supply Agreement” with the county.

On the first resolution, the sales tax allocation agreement between the city and county doesn’t change, but it does add wording statilng that the city has no objections to the county’s plan to distribute $10 million in sales tax money collected on a yearly basis to the towns and villages for the next 38 years.

The second resolution was made possible when the Darien Town Board, on Wednesday night, voted to sign a new water supply agreement with Genesee County. Darien was the last municipality to opt in and, by doing so, enables the county to share the full $10 million in sales tax and not a combination of sales tax and other revenue.

The new water supply contract – it’s the same for all municipalities – gives the county the right to raise the surcharge on water usage beyond the 60-cents per 1,000 gallons level, but also requires the county to petition the Monroe County Water Authority in seven years to enact an equalized water rate throughout the county.

“Sharing the $10 million was the goal of this legislature,” Stein said, as she congratulated her colleagues on achieving that goal.

In other action, the legislature voted in favor of contracting with EFPR Group, CPAs, PLLC, of Williamsville, a consulting firm, for assistance in how to spend money received from the American Rescue Plan Act.

The contract is for up to $10,000 for the two years of the contract, which includes the option of three, one-year renewals. The cost will be paid from ARPA funds.

County Manager Matt Landers told legislators that the ARPA grant can be used to fund water and broadband projects, but there are “a lot of nuances” to the guidelines. He said EFRP has “extensive experience” in this area and is familiar with the process.

Landers also said he doesn’t think it will cost $10,000 in the first year, but probably closer to $5,000.

Previously: Darien opts in to water agreement after receiving assurances that county will pursue equalized rate

More than 400 people volunteered at Genesee and Orleans county testing clinics and mass vaccination sites since the start of the COVID-19 pandemic, and those individuals – and any others willing to help – could be called into service again depending upon the force of the virus’ Delta variant.

That was the message shared by Genesee/Orleans Public Health Director Paul Pettit during a noon luncheon today at Genesee Community College in honor of those who gave of their time to support health department staff.

“Bottom line, we’re still in an evolving process here; we’re still in the pandemic,” Pettit said, after reviewing the timeline of the pandemic and providing statistics on the number of COVID cases, testing and vaccination to approximately 200 in attendance. “We’re still taking steps to make sure our communities are protected and make them as safe as they can be.”

Pettit said that all told, Genesee County has had 5,508 cases, with 53 active, while Orleans County has had 3,245 cases, with 49 active.

As far as vaccinations, he said that 59.6 percent of Genesee residents age 12 and over have taken the shot(s) while 55 percent of Orleans residents have done likewise (although both are less than the state average).

He reported that 279 different individuals volunteered at testing clinics or mass vaccination sites in Genesee County and 117 did the same in Orleans County. Another 49 staff members who assisted raised the total to 445 “who have given of their time to help during this pandemic.”

In Genesee, volunteers conducted 6,695 tests in Genesee and another 3,465 in Orleans.

Pettit said volunteers helped with 16,176 doses (either first or second shots) in Genesee County and 10,736 doses in Orleans County.

He received a loud applause when he said that the local volunteers did all the work during the New York State-sponsored site at Genesee Community, and so he took the liberty of adding those 2,500 vaccinations to the Genesee/Orleans total.

“Over 35 percent of those vaccinated in both counties was done by this group (of volunteers),” he proclaimed.

Going forward, he said people in certain health categories will be eligible for a third dose, and booster shots likely will be available in late September.

“Apparently at this point, they’re noticing a decrease in efficacy of the vaccine, … so we will be providing booster shots to anybody who has been fully vaccinated with Pfizer or Moderna vaccine (and is eight months out from their second shots).

Pettit said cases are climbing back up as the Delta variant takes hold in Genesee and Orleans counties and around the nation.

“We’re spending a lot of time on school re-openings …we’re prepared,” he said. “We have had a lot of opportunity to hone our craft, so to speak.”