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Calling the move from the current Genesee County Jail to the one that will be built on West Main Street Road over the next couple years “an enormous task,” Sheriff William Sheron today said he has complete confidence in the “transition team” he has assembled to lead the way.

Sheron emerged from a three-day training of the five correction officers at the Sheriff’s Office on Park Road by stating that it no longer will be business as usual when the new 184-bed, $70 million jail opens about 22 months after groundbreaking this spring.

“The team has an enormous task of transitioning, obviously, from the old jail to the new jail, which will be a revision of all our general orders, a revision of all of our policies and procedures and how everything is done,” Sheron told The Batavian.

“It's not as simple as just going from the old facility and taking the inmates and putting them into the new jail and operating like we used to at the old jail. There will be more programs and many different things to consider, such as meal distribution, inmate movement, medical, inmate and outside visitation, disciplinary, parking and special housing.”

The sheriff has appointed Corey Cieszki, Danni Stone, Austin Davis, Jenna Barber and Dennis Bartholomew (in photo at top from left to right with Sheriff Sheron) as members of the team.

“There was a solicitation to our staff because we wanted people that were interested in doing it – people that have the dedication and desire, I guess, to take on this responsibility,” Sheron said. “And we wanted people that have longevity left with them because when the facility opens up, these are going to be the go-to people for a while. They will know the mechanics of that building inside and out.”

Since Tuesday, the team has been studying under the guidance of Terry Moran, director of operations for the New York State Commission on Correction. Sheron said the training was an eye-opener for him.

“My eyes were completely opened here,” he said. “I had questions before from people saying, ‘Well, what’s this this transition team going to do?’ And I just had a brief overview from the Commission. They said they would come down and explain everything. Now that they’ve explained it, I see that these people (the team) are going to be busy.”

Sheron said he “can’t stress the importance of this team enough to make sure that this project is completed in a timely manner and in an operational manner so that when we open, everybody is fully trained and all procedures are set in place.”

County Manager Matt Landers echoed Sheron’s feelings, also stating that the first day of the training – which included county employees from various departments – brought numerous details to light.

“I think the average lay person would ask how could we have four individuals (the fifth will be an alternate) for the next two years, and they're in a room and all they're doing is policies and procedures,” he said. “If you went through the four-hour training we went through (on Tuesday) you can see the task ahead of them.”

Landers said the knowledge gained by the team members will make them “experts on this jail” and could result in career advancement to administration for one or more of these individuals.

“So, we're making investment in these individuals. And I think it'll pay off and they will be our future leaders in our correction side for years to come,” he said.

Top photo: The transition team goes over design drawings with Terry Moran, director of operations for the NYS Commission on Correction. Bottom photo: Moran addresses selected Genesee County employees during first day of a three-day training this week. Photos by Mike Pettinella. Bottom photo submitted.

Watching fellow students learn and grow because of the help you've given them and the friendship you've shown them is one of the most satisfying things in life, Evelyn Babcock told trustees of the Le Roy Central School District on Monday night. 

She recalled her interaction with one boy she tutored through a program called Knights Academic Access Program that she co-founded with her twin brother Brett Babcock.

"'I don't like it (school),'" she recalled a boy telling her.  "It's boring."  She added, exacerbated, "Oh, eighth-grade boys," eliciting laughter from the board, then she continued, "It's rewarding watching someone go from 19 in social studies to a 91 ... he was like ‘hey, this kind of isn’t that bad.’

"So to watch that drive sparked again, to see that drive and motivation and understanding organizational skills and understanding not just the academic portion but understanding optimism and attitude and energy and things like that that go into it, and watching a light go off in their eyes, is one of the most rewarding experiences I could ever say I had yet so far in high school."

Brett and Evelyn are highly motivated students.  They both have scholarships for Ohio State.  Evelyn is set on attending Ohio. She's even named her car "Scarlett" (one of the school's colors -- "I'm a bit obsessed," she told the board). But she doesn't know what she will major in.  She has "10,000 interests," she said.  Brett is a little less sure about Ohio but he's set on entering pre-med and becoming a doctor. 

With that degree of motivation, they found the options available for programs to help them meet their community service requirements were less than satisfying.

"My brother and I were looking for a way to give back going beyond painting rocks or chalk art on sidewalks," Evelyn told the board. "It’s pretty and all but our time is very valuable to us because we don’t have much of it and we're always busy so we wanted to put as much efficiency into our time as possible. We started contacting things like Big Brother/BigSister programs and trying to find a way and we were contacting everyone and there was no response, no results, so we were like, you know what, we’re going to start our own program.  Why not just start something?"

Sophomores at the time, it was the start of the pandemic.  It might be surprising that such motivated students felt they were falling behind academically.  

They thought if that was happening to them, what about students who were already doing poorly in school?  So they decided to start a peer-to-peer tutoring program. 

The twins contacted every person they knew, from administrators to fellow students, to try and get a tutoring program going.

Of course, the school supported it.  They cite former principal Tim McArdle especially for helping get the fledgling program off the ground, but say also Kelly Ronan, Austin Dwyer, and Jen Bertrand were supportive as well.

The reason the program has been successful, Brett told the board, is because it's student-run and there is a strong emphasis on tutors and the younger students building a friendship.

"It's not just tutoring," Brett said. "It's about having friends and having mentors."

"If we just made a tutoring program where you show up after school and you don't want to go to tutor but you're spending 45 minutes after school, I don't think it would be as successful, he said.  "We both preach, get a kid, stick with them, build a foundation, because it will be rewarding when you see them succeed in school but also see them laugh."

There are about 20 other student tutors and currently about 20 students being tutored.  And some of those tutors are ready to lead the program next year, Brett said, explaining that he's not worried about it going away after he and his sister graduate.

Not everyone who wants to be a tutor gets to be a tutor, Evelyn said.  There have been some sophomores who have applied to become tutors but they need to display both academic success and maturity. 

If sophomores are accepted, they tutor students younger than those typically assigned to juniors and seniors so that the tutor can maintain a level of separation and authority.

"The level of maturity needs to be there because you are impacting somebody’s life greatly, so we don’t want to be like, ‘hey, I want to be a tutor.’ No. That’s not how it’s going to work," Evelyn said.

Some students just need help at the end of a marking period.  Others need help all year.  Either way, the program is making a difference, the siblings said.

"We even get messages from their parents saying how it’s not just in school but at home, you can see their confidence rise due to they believe in themselves," Brett said. "They have a little bit more self-confidence because they see their grades rising and they can say, ‘I can actually do this.”  It’s so rewarding and it really shows how just a little step — this isn’t a huge program but for some people it is.  if you can save one person and help them grow as a person I would consider that win."

The board members were duly impressed.

"What you’re doing is awesome," said Trustee Rich Lawrence.  "You're planting seeds and those seeds are going to grow."

Vice President Denise Duthe said, "We're so so proud of you. The fact that you saw or thought that this was going to be something that people needed, and putting hours and hours into it is just outstanding."

The plaudits were followed by a round of applause from board members and administrators. 

Top photo: Brett and Evelyn Babcock present their tutoring initiative to Le Roy Central School Board during a meeting on Tuesday.

Genesee County Legislators were in for a bit of sticker shock tonight when they considered contracts for pavement markings over the next year.

Legislature Chair Rochelle Stein, noticing that monetary amounts and contractors’ names weren’t included in the original resolution, called for an amendment – prompting Highway Superintendent Tim Hens to provide additional details at the board’s meeting at the Old County Courthouse.

Hens said the 2022-23 price, effective June 1, represents a 25 percent increase from the previous cost, rising from $308 per mile to $388 per mile.

The resolution was amended to include that the county will be contracting with Seneca Pavement Marking of Horseheads for the bulk of the work and with Accent Stripe of Orchard Park for a smaller amount of epoxy pavement markings.

Stein remarked that as she read the resolution, she was taken back by large increase in price.

“The budget impact was a bit striking where the pavement markings are scheduled to rise at a negotiated 25 percent increase,” she said.

Hens advised that his options were to renew the contract at the negotiated price with Seneca Pavement “or putting it back out to bid.”

It all came down to rising oil costs, he said.

“We opted to negotiate with the vendor because price of paint, which is tied quite directly to oil prices that shot up just as gas has at the pump,” he said. “We actually got the 25 percent increase in pricing … back in February prior to the most recent shock in price.”

Hens recommended that lawmakers go with the current deal because “I'm afraid if we put it out to bid, I think our price would go up at least 50 percent or more just based on what we've seen in the last month and a half or two months.”

He said Seneca Pavement held the line on specialized markings – turn arrows, lettering, railroad crossing and hash markings such as the ones at Genesee Community College – at the 2021 level.

“Accent Stripe did hold their prices at the ‘20-21 pricing but again we don't really use that contract very much and for them to eat a little bit of cost probably isn't a big deal,” Hens added. “The main contract with Seneca Pavement Marking, I feel, is still a good value to the county.”

After Legislature Clerk Lisa Casey read the amended proclamation, legislators voted in favor of the contracts.

On another front, Stein reminded legislators that they will be meeting at 4:30 p.m. March 30 for a Committee of the Whole session to award bids for the construction of the new Genesee County Jail on West Main Street Road.

"Thank you for the opportunity to represent the women in our workforce and in our community, where each are making history."

With that brief but important statement, Genesee County Assistant Manager Tammi Ferringer (middle in photo), along with Vicky Muckle, executive assistant to the county manager, accepted a National Women's History Month proclamation from County Legislature Chair Rochelle Stein at today's legislature meeting at the Old County Courthouse.

The proclamation reads as follows:

WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways, and

WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home, and

WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation, and

WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation, and

WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major social change movement, and

WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and especially the peace movement, which creates a fairer and just society for all. Now, therefore, be it

RESOLVED, that the Genesee County Legislature fully embraces National Women’s History Month.  The Genesee County Legislature recognizes the value women bring to leadership in the community.  Evidence of this value shines through the staff, management, administration and local elected leaders. Be it further

RESOLVED, that there are continuous contributions made by the women of Genesee County.  They capture the spirit of women’s determination and clear, forward thinking by demonstrating creativity, courage and forging career paths for women of all levels of society. Therefore, be it further

RESOLVED, Genesee County Legislature proclaims that March is designated as “Women’s History Month. A month to take notice and appreciate the hard work women have done, and the continued work ahead for women in all societies.                                                                            

Depending upon who you talk to, Gov. Kathy Hochul’s 10-point plan to revise New York’s bail reform statute is either a good first step toward granting judges more discretion in determining whether or not to impose bail for serious crimes or it’s simply a politically expedient move by someone looking to win an election in November.

In recent days, Hochul presented a comprehensive list of changes to the no-cash bail law, including, for the most serious felonies, allowing bail determinations to be informed by factors such as criminal history and history of firearm use and possession; making repeat offenses subject to arrest and posting of bail, and making some gun-related and hate crime offenses subject to arrest and incarceration (and not appearance tickets).

The proposal also is being made following the release of a Siena College poll indicating that two-thirds of New York voters are in favor of strengthening the no-cash bail law and giving judges the power to consider a defendant’s prior arrest record.

The Batavian reached out today to Genesee County attorneys and law enforcement personnel for their “takes” on the governor’s stance.

Genesee County District Attorney Kevin Finnell says he hasn’t read the details of all of Hochul’s points, but for the primary one – allowing judges to consider additional information – he believes that is appropriate.

“That’s what the judges were able to do pre-bail reform,” he said. “And I think giving them that latitude and authority is good because they're the ones that see these people, they evaluate them on a case by case basis, and the judges do a good job in deciding who's a flight risk and who isn't. So, having that back in the judges’ hands is a good thing.”

Finnell said he also agrees with judges having the ability to set bail on repeat offenders.

“Again, using the same criteria, assuming that they can, allow the judges to do what they've always done in evaluating the case -- the person and the likelihood that they'll return rather than just going to the least restrictive form automatically,” he said.

“That may be appropriate in a lot of cases and the judges will be able to still release people to under supervision or ROR (released on your own recognizance) when the case is appropriate. But giving them the extra tool -- the extra ability to set bail when appropriate -- I think is always a good thing.”

Genesee County Public Defender Jerry Ader sees Hochul’s plan much differently, stating that politics are playing a key role.

“I had hoped that the governor would have maintained her long standing position that any possible changes to the law as it related to bail would only be driven by data, not politics, and that gathering such data would take time,” he said. “Unfortunately, I am not shocked or surprised that political pressure has resulted in this new ‘re-election’10-point plan.  Maintaining power is powerful force.”

Ader pointed to The Brennan Center for Justice report, released yesterday, that “there is no clear connection between recent crime increases and the bail reform law enacted in 2019, and the data does not support further revisions to the legislation” (https://www.brennancenter.org/our-work/research-reports/facts-bail-reform-and-crime-rates-new-york-state).

“In our county, the bail laws presently in effect are working.  Money is no longer the driving factor as to whether someone charged with a crime is in jail.  Most people charged with violent felony offenses and many non-violent offenses can have bail set, if the court determines it to be necessary to insure the person appears,” he said. “If someone has been released, he can be remanded if he persistently fails to appear in court or is re-arrested for a felony.  There is no evidence that our county is any less safe.”

Ader acknowledged that gun violence is increasing, and he has “no problem with enacting new legislation or the state providing additional funding to help remove illegal weapons from our community. “

Calling Hochul’s plan “a step in the right direction,” Genesee County Sheriff William Sheron said that tougher gun laws are not the answer when dealing with the criminal element.

“I firmly believe that they can pass all these gun laws that they want, but the prime definition of “criminal” means criminals do not follow laws,” he said. “So, you can pass all the gun control regulations you want, but those with criminal intent are not going to follow those laws. The ones that are really going to be affected are the law abiding citizens.”

Sheron said laws with more teeth need to be passed.

“We have got to have more of a deterrence out there,” he said. “If people possess illegal firearms, or use a firearm illegally, they’re going to suffer severe consequences and that is going to send the message to other people.”

The sheriff also said he’s on board with giving judges more discretion in the bail process to prevent instances of repeat offenses, something that he says have been on the rise and are endangering the public.

“One that comes to mind is where the individual was stealing motor vehicles from around the area,” he said. “We would catch them with one, and he’d go before a judge and get released. It wasn’t a bailable offense and he’d steal another car. It was just a vicious circle. I forget the total number of vehicles he stole, but he knew there was no chance he was going to jail, so it was a big game to him.”

Sheron said society has gotten away from the “standards of accountability.”

“People make mistakes, I get that, but there has to be a deterrence. Even with kids in school. They see there are no consequences to their misbehavior or their improper actions, and that leads to more improper actions.”

Batavia City Police Chief Shawn Heubusch said he hopes “changes are meaningful and will address crime in our area.”

He said he stands with the New York State Association of Chiefs of Police, which issued a statement today contending that the state’s effort to correct “historic inequalities in the criminal justice system” … “tipped the balance so far in favor of the accused that public safety has been jeopardized.”

The statement continues, “We believe that it is possible to create a system in which the rights of the accused are respected while the rights of victims and the public are also respected. Public safety must be a priority. We look forward to working with Governor Hochul and the legislature to identify the proper path forward.”

Heubusch said that “one size fits all packages coming out of Albany do not work in every jurisdiction and do not address the impacts to our neighborhoods and communities.”

“We are hopeful that meaningful change will be implemented to aid us in protecting our citizens.”

Finnell said local justices are qualified to make proper judgments, as long as they are given the power to do so.

“I also think recognizing that not everybody should go to jail is important, too,” he said. “That's the other side of the coin. The purpose of bail is and always has been to ensure that somebody will appear for when required in in County Court. But we've seen that fail in many ways since bail reform.”

Ader stated that he agrees with the governor on her call for increased funding for pretrial, diversion, and employment programs and for mental health treatment.

“It would also help our community immensely if the non-monetary release option of electronic monitoring could be implemented in our county.  It is an option under the present law but has never been used in our county,” he said.

Overall, he thinks Hochul’s 10-point plan is a “knee-jerk political reaction” that moves the state back to a more subjective and repressive system of bail.

“It may make some people feel better, but that’s not the reason for legislation,” he said. “Laws and changes to them need to be driven by data and facts, not emotion.”

The 10-point plan, per a published report in the New York Post, includes:

• For the most serious felonies, allow bail determinations to be informed by factors including criminal history and history of firearm use and possession. Judges will be allowed to set bail not based solely on the “least restrictive” conditions deemed necessary to ensure a return to court. The statute will set forth specific criteria on which judges will base their determinations, including criminal history and history of firearm use/possession.
• Make repeat offenses subject to arrest and bail-eligible
• Make certain gun-related offenses, hate crimes offenses, and subway crime offenses subject to arrest and not [desk appearance tickets]. Certain offenses which presently are subject to desk appearance tickets will be made only eligible for arrest.
• Make certain gun-related offenses bail-eligible.
• Make it easier to prosecute gun trafficking.
• Targeted reforms of the discovery statute.
• Targeted reforms of the “Raise the Age” statute.
• Increase funding for pretrial, diversion, and employment programs: Hochul’s budget already includes $83.4 million for pretrial services, but the governor would increase that amount — although the memo did not say by how much. It would also distribute the nearly $500 million appropriated for “Raise the Age” implementation that has not yet been spent.
• Expand involuntary commitment and Kendra’s Law.
• Increase funding for mental health treatment.

Michael Alan Jones, 24, of Welford Road, Charlotte, N.C., is charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, driving an unregistered vehicle on a highway. During a traffic stop at 4:36 p.m., March 19, on School Road, Le Roy, by Deputy Kenneth Quackenbush, Jones was allegedly found in possession of an AR-15 rifle. He was arraigned in Town of Le Roy Court. He is scheduled to appear again on April 21.  Deputy Nicholas Charmoun assisted in the investigation.

Krystle Denise Sanders, 37, of East Avenue, Batavia, is charged with petit larceny.  Sanders is accused of shoplifting from Walmart at 10:43 a.m., March 18.  She was released on an appearance ticket.

Katherine Frances Foels, 36, of Elm Street, Attica, is charged with petit larceny. Foels is accused of shoplifting from a store on Veterans Memorial Drive in Batavia. The name and address of the store were withheld from the press release. Foels was released on an appearance ticket.

Adam Eugene Bortle, 38, of Lackawanna Street, Wayland, is charged with promoting prison contraband and three counts of criminal possession of a controlled substance. Bortle was transported to the Genesee County Jail after being arrested on a warrant. He reportedly denied possessing any narcotics or other contraband.  He was allegedly found in possession of controlled substances during a search.  He was held until arraignment at a later date.

Ryan Thomas O'Connor, 37, of Center Street, East Aurora, is charged with DWI, driving left of pavement markings, and moving from lane unsafely.  O'Connor was stopped on Route 77 in Pembroke at 10:59 p.m., March 19, by Deputy Trevor Sherwood. He was issued an appearance ticket.

Anthony Daniel Micucci, 27, of Darien Alexander Townline Road, Alexander, is charged with escape 2nd.  Micucci was reportedly arrested on a warrant and while entering Town of Pembroke Court at 3:45 p.m, March 12, Micucci allegedly escaped from custody by running from law enforcement. He was taken into custody by Deputy Kevin McCarthy after a foot pursuit. He is also charged with three counts of criminal contempt 1st for allegedly violating an order of protection by calling the protected party in a complete stay-away order.  He was issued an appearance ticket.

David Michael Martin, 61, of West 6th Avenue, San Manuel, Arizona, is charged with bail jumping second.  Martin was arrested in Arizona and extradited to New York after allegedly failing to appear in Genesee County Court on a grand larceny 3rd charge.  He was arraigned in County Court and ordered held on $5,000 bail.

Sean G. Johnston, no age or residence provided, is charged with assault 3rd. Johnston was charged following an investigation by Le Roy PD into a disturbance at an apartment building in the Village of Le Roy.  No date or time for the disturbance provided. Johnson was issued an appearance ticket.

Cyle Hindle, no age or residence provided, is charged with felony DWI, aggravated unlicensed operation 1st, and driving with unsafe tires. Hindle was stopped by Le Roy PD at a time and date and location not specified in the release. He was issued an appearance ticket.

Brian M. Raphael, 33, of Batavia, is c charged with petit larceny. Raphael is accused of taking a package delivered by Amazon from the porch of a residence on Summit Street on March 11 at 12:01 p.m. Raphael was allegedly found with the package by Batavia PD after the resident was notified by Amazon that the package had been delivered.  He was issued an appearance ticket.

Brooke M. Davis, 29, of Medina, was arrested on a warrant. Davis is accused of failing to appear for a court appearance in the Town of Batavia. Davis was arraigned in Town of Batavia Court and released on her own recognizance.

Leroy M. Stafford, 41, of Basom, is charged with felony DWI, aggravated unlicensed operation 1st, and driving without an interlock device. Stafford was stopped by State Police at 8:54 p.m., March 20, in the City of Niagara Falls. He was released on an appearance ticket.

Steven A. Wasielewski, 38, of Pembroke, is charged with criminal obstruction of breathing. Wasielewski was arrested by State Police in connection with an incident reported at 12:21 p.m., March 20, in the Town of Pembroke. He was released on an appearance ticket. No further information released.

Press release:

On Tuesday, March 22, 2022, the Le Roy Board of Education unanimously approved Dr. David Russell as the new Jr/Sr High School Principal. Dr. Russell will start officially on Monday, April 25, 2022.

Dr. Russell is currently the assistant principal at the Cosgrove (Spencerport) Middle School, a position he has held since 2019. Previously he was the principal of the Western Wayne Summer Academy, a Wayne-Finger Lakes BOCES program. Dr. Russell was also a special education teacher at Sodus Central School District and the True North Rochester Preparatory Charter School.

“We are very excited to bring Dr. Russell’s energy and passion to collaborate with our students, teachers, and parents,” said Merritt Holly, Superintendent of Schools. “He is a strong instructional leader who has consistently made positive connections with all stakeholders in his previous experiences. We look forward to Dr. Russell’s leadership as we continue to follow our vision to cultivate a world-class community of learners who exceed core local, state, national, and international standards.”

The mission of the Le Roy Central School District is to provide an exceptional, high-quality educational environment where all learners are empowered to succeed.

Dr. Russell earned a Bachelor of Arts, History, Adolescent Education from SUNY Geneseo, a Master of Education from Roberts Wesleyan College, and a Doctor of Education from the University of Rochester. Along with his special education certification, Dr. Russell also holds New York State certifications as a School Building and School District Leader.

The district posted the position on February 2, 2022, and 17 candidates applied. First-round interviews with four applicants were held on Friday, March 11, 2022. A 15-member committee consisting of students, teachers, parents, administration, and board members narrowed the field to two finalists. Second-round interviews with the administrative team took place on Thursday, March 17, 2022. A final interview with the superintendent was conducted on Friday, March 18, 2022.

Dr. Russell takes over for Mr. Tim McArdle, who left on Friday, February 4, 2022, to take an assistant principal position at Caledonia-Mumford Central School District. The district would like to sincerely thank Mrs. Beth Patton, who has been interim principal since Monday, February 7, 2022. 

Not only has interim director Shannon Maute been hired for the full-time permanent position of Batavia’s Business Improvement District, but she also plans to hit the ground running with a new event this year.

Get ready for a strolling accordion player, sweet and savory Mediterranean cuisine and lots of fun, Maute says.

“We’re looking at mid to late summer; it will be an outdoor event with a ‘Welcome to Italy’ sign, lights strung along the streets, and vendors at stands on the side of the road,” she said to The Batavian Tuesday. “So you’ll feel like you’re in New York City for an Italian fest … with pasta and meatballs, pastries, cannolis … and I see kids doing three-legged races and sack races in the parking lot, playing the games that we used to play as kids. I’m just looking to go back to a time when the community and families did everything together.”

Maute was appointed as interim director on Dec. 14, 2021, to fill the spot left vacant by former Director Beth Kemp. She was approved Tuesday during a BID board meeting. Board members and Maute opted to give the interim position a trial run before making it official.  

"It just happened," Maute said. “We both took our time, and we were both happy and so we went for it."

She also presented her vision of an Italian fest to replace the former BID Summer in the City event. It was an idea she came up with a few years ago, before COVID-19 hit and closed down most everything. The board really liked the idea, and a posting on Facebook reaped “a fantastic reaction,” she said, so she has formed a Promotions Committee to pursue it.

Her vision includes a large horseshoe-shaped layout of downtown that will be filled with food vendors, live music, children’s games and contests in an authentic display of Italian heritage similar to that of Octoberfest with its German flair, she said.

Maute and her husband Jay Steinbrenner are frequent visitors of New York City’s Italian fest, and she would like to bring that excitement and family-friendly activities to Batavia. With each of the couple being half-Italian and half-German, it has been a natural fit to be involved with Batavia's Octoberfest and now an Italian celebration. Her favorite Italian items are juicy meatballs and cannolis, though ravioli and manicotti also make the list, she said. There's also the potential economic impact of introducing the community to a vast amount of merchants, she said. 

“I would really like it to be where all businesses would benefit,” she said. “Any business in Batavia would participate so (the public) could enjoy the restaurants and stores we have here.”

Hardly a newcomer, Maute, a Batavia native and resident, has been involved in local events for years. She led the way with FeBREWary, BID’s first event of 2022, which sold 467 tickets. She saw “everyone was smiling and walking down Main Street,” and hopes to replicate that kind of positive happening later this year, she said.

Anyone interested in being on the Promotions Committee or attending a BID meeting is welcome to do so, she said. For more information, go to: http://Downtownbataviany.com

File Photo of Shannon Maute from February 2022 by Howard Owens.

The Town of Stafford Zoning Board of Appeals on Monday night tabled an application for a variance to the municipality’s solar ordinance from BW Solar on behalf of a Batavia Stafford Townline Road couple seeking to put a pair of 5-megawatt systems on their property.

Following a public hearing that turned into a “Q & A” with BW Solar Project Developer Dan Huntington, the ZBA voted unanimously to put the action on hold for 30 days. It made its decision at the request of Chair Michael Lathan, who said he had several questions for the town attorney.

Lathan said he expects the board to make a determination at its next meeting on April 18.

About 30 residents attended the hour and 45 minute session that became necessary since BW Solar’s site plan included setbacks (distances from residential and/or nonresidential property lines) that were less than stipulated in Stafford’s solar law.

The Woods own and operate a large farm (and also lease and farm adjoining land) and desire to use about 60 acres for the two side-by-side ground-mounted solar systems. One will cover 31.08 acres and the other will utilize 28.32 acres in a district near College Road zoned as Industrial Park, which the town has deemed appropriate for solar.

While the setbacks were the primary focus, town residents fired off queries on related subjects – most notably the Stafford solar ordinance, itself, as well as impacts to real property value, health, the environment and the rural nature of the town.

RESIDENT CITES SOLAR LAW

Diane Hawn, a Stafford resident for 24 years, read three times from the town’s ordinance on Solar Energy Facilities, asking if BW Solar has followed the letter of the law by establishing a $150,000 escrow account and maintaining umbrella insurance coverage of $10 million during the application process.

“If these haven’t been established, with that huge thing in 2018 (the drafting of the solar ordinance), how can this even be happening right now?” she asked.

Hawn went back and forth with Lathan and Huntington on whether these fees needed to be paid upfront, with the application fee, or if that was part of the next step in the process – after BW Solar was granted the variances it sought to proceed with the project.

Huntington, responding to a question about the escrow account, said he hasn’t encountered that in his other solar projects.

“A $150,000 escrow account controlled by the town, even in a decommissioning sense, has never been established where the town controls the escrow account,” he said. “I can’t say across New York State that’s not true, but in all of the projects that I’ve done … I’ve never seen something of that nature.”

Town Board member Ron Panek advised that the escrow account for solar mirrors the one set up for a Planned Unit Development (such as a senior housing complex or trailer park).

“Is it unusual?” he said. “No, it’s right in our other laws.”

IN DEFENSE OF SOLAR LAW

Panek said much effort and time (nearly two years) were put into the wording of the solar law, and, since then, the Town of Le Roy has used parts of the law and the Town of Alexander’s law “is word for word, identical (to Stafford’s).”

Hawn also quoted another section of the law where it states that Stafford’s Comprehensive Plan “desires to maintain the pastoral, rural nature of this region. An industrial solar energy facility is in conflict with the culture and character of the community.”

ZBA alternate member Tim Thomas noted that the Wood property is in an industrial zoned area.

“Somebody could come in and build a manufacturing facility,” he said. “There’s probably a variety of industrial-type complexes that could go there. So, I would just ask to keep that in mind as you’re looking at this. Solar complexes – solar farms – really don’t demand a lot of services in the town.”

Huntington has maintained all along – in dealings with the Genesee County Planning Board and Town of Stafford officials and attorney – that BW Solar has crafted a solar site plan that minimizes the negative effect on the couple of neighbors by moving it away from the road and placing the two systems next to each other to enable the Woods to farm more of their land.

“The Town Board can’t reasonably do all the work they have to do, if we can’t even decide where the footprint of this thing is going to lie,” he said.

“So, that’s why we’re at the variance part first – to determine you can build there, you can’t build there. Once we know that, then we can say, we’ll outline the footprint, if we have to alter these designs and resubmit them to the Town Board, and now we have a clear, defined footprint that we can review everything, without changes from there.”

CONCERN OVER REAL PROPERTY CLAUSE

The ZBA’s inability to grant a variance to the town’s solar ordinance real property value protection clause, as indicated by the town attorney, is cause for concern, Huntington acknowledged. The law states that the solar operator shall assure there will be no loss in property value for any property within 2,500 feet of the solar farm – a significant distance.

“To create some type of an agreement with every single one of those homeowners is something that I’ve never heard of in any project that I’ve been involved in in New York State,” he said. “On this specific project, there is actually only one homeowner that’s adjoining the property.”

He said having to enter into contracts with up to 100 property owners in that 2,500-foot radius “could quadruple the cost of the project,” adding that if it came down to that, BW Solar would be forced to “defend in court.”

Huntington said he “can sympathize” with the one resident next to the proposed solar farm (who was in attendance last night).

“He has a beautiful home across the street that does overlook a beautiful farm field – I can’t argue that fact,” he said. “I can sympathize with his concerns …

“The variances we are asking for to pull it away from the road on which he lives on – specifically the 200 feet down to zero and the eastern side, 200 feet to 100 feet, would actually bring the solar array away from the road in such a manner that would actually allow his view, at least 50 percent of it, to stay farm fields. If those variances aren’t granted, the only place we can bring the remainder of those panels, to follow the law, is up into that bend, which would eat up his entire view.”

He said he would work with the resident to ensure the screening was adequate, not only at the beginning of the project but down the road.

OTHER DISCUSSION TOPICS

Other points brought up during the meeting:

• On health hazards: Huntington said “studies have shown there are no health hazards associated with it when a solar farm is functioning properly, and maintained properly … and part of our duty is to make sure that a facility is operating at a high efficiency.” He added that a State Environmental Quality Review is required and BW Solar plans to notify agencies such as the Department of Environmental Conservation, Department of Transportation, Army Corps of Engineers and local governmental officials at the proper time.

• On employees needed to build and maintain the system: Huntington said it is likely that union electricians would be hired due to the high voltage and that he hoped that local residents would be hired for seasonal maintenance.

• On seeking tax abatements: Huntington said the company would seek a payment in lieu of taxes agreement with the Genesee County Economic Development Center. “It’s a pretty standard process for it, and it’s $6,000 per megawatt, which is split between the town, school district and county.”

INACCURACIES POINTED OUT

Lathan, at the outset, pointed out some inaccuracies in a notice placed in a local Pennysaver over the weekend – also calling out the person (or persons) responsible for the ad for not putting a name on it..

“We do not make amendments and we do not make laws,” he said. “We try to grant relief to residents on the law, that’s all we’re here to do.”

He also read where it said the request would be in “direct contradiction” to the Stafford zoning law.

“Almost every decision that that board makes is a contradiction to the zoning law," he said. "That’s why we try to grant relief.”

The ZBA chair also took exception to the notice’s charged that any change would show a “direct bias in favor of the company and a select few to benefit from this project.”

“I've had the privilege to be on this board for 14 years. We have never made a decision that was biased one way or the other. And I take offense to that, whoever put this in.”

Photo at top: Michael Lathan, left, ZBA chair, and Dan Huntington of BW Solar, talk following Monday night's public hearing. Photo at bottom: The session drew about 30 Stafford residents to the Town Hall. Photos by Mike Pettinella.

Previously: Planning board falls back on its purpose in decision to 'disapprove' Stafford solar project variance requests

Three years after taking a stand for First Amendment rights by requesting a transcript from Genesee County Family Court, The Batavian received vindication with a ruling that stated such information cannot be denied to the media company.

Stemming from a Family Court case in November 2019, the request was made after Howard Owens, publisher of The Batavian, was barred access to Genesee County Family Court. Attorney Thomas Burns, who represented a woman accused of hitting her child with an object, had filed a motion alleging that prosecuting attorney Durin Rogers had a conflict of interest because he was also a part-time City Court judge. Burns filed the motion claiming that as a City Court judge, Rogers would also be able to interact with other members of the county’s criminal justice system, and he should be disqualified from that particular case. 

Niagara County Family Court Judge Erin DeLabio barred Owens from access to the courtroom for the conflict of interest hearing, and also ruled against the request for a transcript of the hearing. She cited “confidentiality” concerns that outweighed The Batavian’s belief that the transcript was public information that should be accessible to the press. 

DeLabio’s decision was also partially due to her belief that Rogers had already been elected to the full-time City Court judge position and any potential conflict of interest would therefore have no bearing on the election. The election was not the basis for the initial motion filed by Burns, but, rather, the two roles served simultaneously by Rogers.

Owens and his legal team, led by Heather Murray, managing attorney for The Local Journalism Project at Cornell First Amendment Clinic, filed an appeal on that ruling in December 2020.

A final decision, issued by the Fourth Judicial Department of the Appellate Division on March 18, stated:

“To the extent that the court determined that the attorney disqualification hearing was no longer relevant because Rogers had already been elected to the full-time judgeship, we agree with appellant that the court improperly ignored both the continued importance of appellant’s role in reporting accusations of ethical violations or conflicts of interest on the part of a judge and the principle that, here, it was within the province of the appellant to determine whether the hearing on the disqualification motion remained newsworthy.”

“On the merits, appellant contends that the court violated its right to attend the disqualification hearing and that it is therefore entitled to a transcript of the hearing, the release of which, with appropriate redaction, would be consistent with Family Court Act § 166 … we agree.”

It was a determination expected by Owens based on his knowledge of the First Amendment and state law and assistance from Cornell University, he said. 

“When I was first excluded from the courtroom, I knew the law was on my side. This ruling affirms that all courts in New York are open to the public and can’t be closed to the public without a hearing and factual findings within the perimeters of the law. I knew from my initial research on our exclusion from the hearing that there isn’t much case law affirming this principle for Family Court, so this ruling is especially significant,” he said Saturday.

“The language of the law governing access to courts, including Family Court, is very clear and easy to understand.  It doesn’t surprise me that The Batavian prevailed with its appeal.

“It’s long been my belief that local journalists have an obligation to stand up for transparency in government and the right to public access to public business.  I’m grateful to the Cornell First Amendment Clinic for taking up this case. Mark Jackson and Heather Murray recognized the principles involved in this case and all of the students -- notably Ashley Stamegna -- who did the hard work of researching case law, writing briefs, and presenting arguments, were dedicated to the First Amendment issues at stake.

“One of the principles in this case that I’m glad the court recognized, is that journalists and not government officials, even judges, make editorial decisions and determine what is newsworthy.  When the presiding judge in this case ruled that the material we sought was no longer newsworthy as a reason for her denial of our request for a transcript, it was particularly galling.  It was important that such an egregiously reasoned ruling not be allowed to stand.

“The ruling is also significant because the justices were unequivocal in their reasoning.  There is no wiggle room in this ruling for judges in future courtrooms to close off access without ensuring they are properly following the law.

“It’s important to note, the law still gives Family Court judges great authority to protect the privacy of children in Family Court matters.  This ruling doesn't change that but it does emphasize that judges cannot arbitrarily exclude the public from proceedings.”  

The decision will remand the issue back to Genesee County Family Court to provide Owens with a copy of a redacted (blacking out items of confidentiality) transcript. That’s all he was asking for in the first place, Owens said.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case), so we were surprised and disappointed in DeLabio’s decision,” he had said at the time of appeal. “Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgments on what is newsworthy.”

We are thrilled by the complete victory for our client,” Cornell Law School First Amendment Clinic student Ashley Stamegna said. “Without judicial transparency, we cannot ensure that justice is being done in our courts of law. The Fourth Department’s opinion reaffirms the New York courts’ commitment to providing the transparency that both the law and the public requires. The opinion also clearly demonstrates that it is the province of local journalists—not the courts—to determine what content is newsworthy.” 

Stamegna argued on behalf of The Batavian at the Fourth Department. The Cornell First Amendment Clinic team at the appellate level included lead attorney Heather Murray, Mark Jackson, Jared Carter and students Timothy Birchfield and Christopher Johnson. Murray and Cortelyou Kenney argued at the lower court with summer fellow Samuel Aber assisting with the briefing.

File Photo: Taken of Niagara  County Judge Erin P. DeLabio in 2019 from outside Genesee County Family Court through the doorway window.

To read the full decision, click here (PDF)

Previously:

• Judge blocks press from covering conflict-of-interest motion
• The Batavian considers appeal after judge rules against request for transcript of Family Court motion

Batavia High School Principal Paul Kesler

 

Batavia High School seniors are on the right path, Principal Paul Kesler says.

Kesler added a number along with his comment: 96. After having a graduation rate of 85 percent in 2011, fluctuating from 89 to 94 percent through 2020, seniors are at a 96 percent graduation rate, Kesler said. The increased percentage is proof that career initiatives and student attitudes are pushing kids on to greater success, he said.

“It’s a testimony of the work done in K through 12,” he said during this week’s board meeting. “We’re finding the right pathways.”

Some of those pathways include  early college opportunities with Genesee Community College and now Daemen College, which is new this year. Daemen hosted a cartooning class free of charge, with the school district paying for supplies. Students became engaged in the class, and it was a success in providing other possible avenues for them to pursue, he said.

A Leave to Learn program exposes students to various career possibilities, such as first responder, manufacturing, counseling and educational occupations. 

“Students are going to be able to select one of six buses, and on that date they’re going to have an opportunity to be with an adult and have an awesome work session,” he said.

The past two years have not only been frustrating for most, but have introduced socialization issues to district leaders, Kesler said. 

“It has caused us to realize that, not only as a district but as a nation, some of the focus needs to be on helping students be able to interact … our mental health is really important,” he said.

A post-graduation program — a Cornell University boot camp offered in collaboration with Genesee County Economic Development Center — will be available to seniors after they graduate. The camp is three days a week of concentrations in manufacturing jobs, Kesler said. Other improved partnerships include local dairy companies for hands-on learning and training, he said.

“We’re seeing more engagement of students,” he said, compared to when kids were remote due to COVID-19. 

May 2 will be “Decision Day” for graduating seniors to have the spotlight to announce their choices of college or career options. Fellow district students will be on hand to cheer them on, he said.
 

Scott Rozanski was in the hot seat, so to speak, as he presented budget options during this week’s Batavia City Schools board meeting.

Rozanski, the district’s business administrator, reviewed ways to reduce expenses by $756,449 and get the 2022-23 budget to the state-mandated tax ca of 1.62 percent, or 31 cents more per thousand assessed valuations.  Otherwise, district voters would have to approve a budget with a super majority to allow a tax levy increase of more than 1.62 percent.

“(Superintendent Jason Smith) and I have identified some areas to get us to the tax cap,” Rozanski said during Thursday’s board meeting at Batavia High School. 

Rozanski presented a $55 million budget on Tuesday that included what was referred to as “wish list” items of nine new teacher positions, five school bus purchases, and replacing four retiring faculty members with new personnel. He and Superintendent Jason Smith agreed to draft a list of ideas to cut overall expenses, which were brought back to Thursday’s meeting.

Options included not replacing four retiring faculty members; phasing in the addition of teachers over a three-year grant of $5.8 million; and/or not buying the five buses and merging Jackson and John Kennedy school students to ride together on buses, and the same for high and middle school students. 

The busing option could mean a cut of $366,000 in expenses, but, per prior experience, it would create a delay for Jackson kids; they would get on the bus first before the John Kennedy pickup, he said.

There had been complaints about this system when implemented during the pandemic. Most students adapted in time, he said.

“The first two or three weeks the kids are getting used to the process,” Rozanski said. “After three weeks those kids are in a routine. We could take that out and take that reduction.”

Board President Alice Benedict recalled how the shared busing went.

“We had some really young kids on buses for a really long time,” she said. “Does it have to be five buses or nothing? Can we get one more bus?”

That’s possible, and would mean going back to the drawing board to configure bus routes, Rozanski said. 

Benedict wanted to remind all involved that “busing is not mandated.”

“This is a privilege to bus within city limits,” she said. 

As for bringing on nine more teachers, “the district would most likely apply for another grant to support” those positions in three years, she said. However, if that’s not an option, Smith and other administrators would have to review programs “and possibly eliminate the positions, or find other positions that could be reduced to make room for these employees and programs,” she said.

Benedict has previously asked about the ratio of teachers to students, and about enrollment trends. Smith suggested that a consultant may be helpful to advise the district about these particular issues during a future board meeting. 

The Batavian asked Benedict if those newly hired teachers stayed for three years, would they obtain tenure and therefore be permanent employees? Tenure is not an automatic process, she said.

“In three years, the principal (of the school that houses the grant program and employee) and the superintendent, along with the director of curriculum, will make a total review of the need of the position and the performance of the employee before making it a tenured position,” she said. “The board then receives the recommendation to discuss and vote on.”

Benedict asked the board a couple of times during the meeting if anyone had questions. No one responded. All board members will have a say, she said.

“Before anything is concluded, I will have conversations with everyone on the board,” Benedict said to The Batavian. “We have one month to ask as many questions as we need to so we can come to a consensus. It’s my goal every year to get the tax levy as low as it can be. We are still in the process of finalizing the budget.”

A final budget will be adopted before the budget presentation on May 5 and district vote on May 17. In addition to a 2022-23 budget, district residents will also be asked to vote for three school board candidates to replace Michelle Humes, John Marucci and Chezeray Rolle, whose terms expire this year. Board candidates have until April 27 to file petitions for election.

Top photo: Batavia City Schools Business Administrator Scott Rozanski; Batavia City Schools Board of Education President Alice Benedict and Superintendent Jason Smith. Photos by Howard Owens.

During Tech Wars at GCC on Thursday, The Batavian spoke with Chris Suozzi, VP of business and workforce development for GCEDC, about how companies that are opening new operations here -- such as La Fermière and PlugPower -- as well as those that are expanding.

With labor markets tight, Suozzi said the future workforce of Genesee County can be found at events like TechWars, among the kids being turned on to engineering and technology.

He pointed to the $700,000 mechatronics training equipment acquired by BOCES on display at TechWars as one of the ways Genesee County is leading the state in workforce development.

GLOW with Your Hands, he noted, has also been a huge success and is also setting the pace in New York for workforce development. 

This summer, GCEDC starts up the Cornell in High School Program, which will provide training and job experience to 40 high school seniors in dairy science and sanitation in a boot-camp format.

Also this summer, people 18-24 will be able to participate in a tech-job training program that includes 16 hours of free classroom training and a 24-hour paid internship, each week for six weeks, that will lead to a paid apprenticeship with a participating local company. 

Both Suozzi and Rich Monroe, who is leading the mechatronics program at BOCES, mentioned several students who have successfully completed workforce development programs.  One went from selling car parts at $12.50 an hour to an apprenticeship at Barilla Pasta at $15 an hour and in less than a year with the company is now making $28 an hour.  Another student went from working at a convenience store to a job at USG where he started at $22 an hour and is now making $25 an hour.

All with student debt, Suozzi noted.

"It’s not to just go get a job," Monroe said. "It’s to further their education and to get more skills and make them more viable in the workplace."

With notifications made to family members, the Sheriff's Office has released the names of two men stabbed to death on March 11 in a bunkhouse on a dairy farm in Alexander.

Their names are

Elibander Morales, 30.  He is also known as Elibander Morales Velazquez, Elibander Ivan Cruz, and Ivan Cruz.  

Marceleno Gomez Hernandez, 29. He is also known as Marcelino Gomez Hernandez.

Both were pronounced dead at the scene by a Genesee County Coroner.

Both were born in Mexico and had been employed and living in the U.S. for an unspecified period of time.

Taken into custody and charged with murder were  Raul Cruz, 18, of Warsaw, and Prince N.K. Wilson, 23, of Albion.

The men are accused of stabbing and killing two men at a dairy farm at 10216 Alexander Road, Alexander.

The investigation is ongoing.

A return of an air show to the Genesee County Airport?

In the eyes of Genesee County Highway Superintendent Tim Hens, the stars are aligned for the county to show off its renovated airport by hosting an air show – maybe as soon as the summer of 2023.

Hens, who is responsible for overseeing operations at the East Saile Drive facility, made the suggestion at Wednesday’s county legislature’s Public Service Committee meeting.

“There is interest in an air show,” he said, adding that the airport has been “completely redone,” including installation of water and sewer systems to accommodate such an event.  “It would be a showcase for the community.”

The last air show in Genesee County took place in 1998, Hens said, and was well-attended. Air shows in other communities, such as Geneseo, Niagara Falls and Rochester, continue to be successful.

Hens said the event can be a moneymaker for the county – namely through fuel sales and sales tax revenue from purchases at the show. He said he would be able to line up a promoter and performers as soon as the legislature grants its approval.

In other news involving the airport, the committee forwarded the following resolutions to the legislature meeting next week:

• Providing advance funding for a project to purchase snow removal equipment that is eligible for a $353,000 grant from the Aviation Capital Grant Program as part of the state’s AIR ’99 Program.

The county would receive reimbursement for that amount, but would be responsible for $39,250 of the expense, which would be paid out of the 1 percent sales tax fund.

Hens said he had been seeking funding for this venture from other sources and was “surprised” to learn that the county had received the grant. He said snow blowing equipment will be purchased since it’s more efficient using plows to clear the runways.

• Contracting with C&S Engineers Inc. of Syracuse for as-needed airport engineering, construction management and grant administration services from April 1, 2022 through March 31, 2027. Hens said the company is “highly rated” and has worked with the county for three decades.

It has got to stop!

That’s the message Genesee County legislators likely will be sending to Gov. Kathy Hochul and the state Assembly and Senate next week through a resolution that calls for Albany to end the practice of taking local sales tax revenue from communities and putting it into the state’s treasury.

The legislature’s Ways & Means Committee on Wednesday passed the measure – sending it to the full board for consideration at next Wednesday's meeting.

Genesee County is taking action in conjunction with a directive from the New York State Association of Counties for municipalities to make their voices heard.

“This has been proposed before, but I guess NYSAC is trying to hone in on the fact that they weren’t hearing enough from localities – that we weren’t making enough noise,” Ways & Means Chair Marianne Clattenburg said.

According to the resolution, since 2019, New York State has diverted more than $677 million in local sales taxes away from cities, towns and villages and into the state’s general fund.

It reads, in part, that “local sales tax revenue should stay in the community where it is collected.  It is time to return to responsible budgeting to keep local tax revenue in the communities where it can fund local programs such as parks, community colleges, meals for seniors, day care services, 9-1-1 programs, mental health and addiction services and other quality life programs.”

The resolution calls for this practice “to expire permanently at the end of this fiscal year as originally intended.”

In other action, the committee approved:

• Appointments of C. Joseph Mahler and Thomas Clark, both of Batavia, and Peter Stanbridge of Bethany, to three-year terms on the Genesee County Parks, Recreation and Forestry Advisory Committee.

• A contract not to exceed $213,268 with U&S Services of Tonawanda for a countywide heating, ventilation and air conditioning control system upgrade. The amount is slightly less than the $225,000 that has been budgeted for this project.

• Two resolutions pertaining to the replacement of the South Street culvert over a drainage ditch in the Village of Le Roy. The first to establish the capital project, which will be covered by state aid of $757,410 and the second is to contract with Lu Engineers of Rochester for consulting and design services at a cost not to exceed $174,000, which is part of the state’s contribution.

It has been a nearly two-month hiatus for Jennifer Gray’s newly named restaurant just over the Batavia border, and she’s not alone in waiting for it to be re-opened.

Gray has been posting updates on social media about The Tiny Piney on Main Road, Stafford, with as many as 2,000 anxious viewers.

“A lot of people follow it,” she said to The Batavian Thursday. “It’s just a weird little bar that people go to, a nice little quiesce place. I’m hoping to open next week, as soon as I get the license in the mail.”

Gray had purchased the bar and grill, formerly known as Pine Grove Inn, in March 2021. A temporary liquor license came along with that until New York State Liquor Authority informed Gray that there were “a couple of pieces of missing paperwork.” She had to shut down the place until the new license was processed and sent to her.

She posted a “temporarily closed” sign on Feb. 3 this year, and has anxiously been waiting for the permanent license. There was a mix-up in the Tiny Piney’s address, which is physically situated in Stafford but has a mailing address of East Main Street, Batavia, she said. She was told that the license was sent out this past Monday, and she is expecting to get it any day now. 

Gray has been making some aesthetic changes, with tropical colors and decor. For those former customers concerned with the decades-old ceiling memorabilia of hand-written messages, that’s not going anywhere, she said. 

She has two people helping to form volleyball leagues and a drop-in King’s Court, which is to get going by May. Two new volleyball courts have been carved out of the backyard and filled with sand. Outdoor lighting will ensure nighttime play.

Part of the bar’s new name hints at its size: “it’s tiny” Gray said, and accommodates 35 people. However, the large back deck accommodates the same amount of patrons and doubles the total capacity. 

The menu has been slightly shifted to include more fresh — versus frozen — foods, and Gray’s certified Angus beef hamburgers are her jam. Well, those and her freshly created margaritas and the Tiny Piney punch — a coconut-flavored concoction with rum and vodka.  

Jennifer is not a new face in town, as she has helped out husband Matt when needed at their restaurant, Alex’s Place, worked for a couple of years at Genesee Orthopaedics and Sports Medicine, and has filled in for temporary leadership gaps at GO-ART! and United Way. When COVID-19 hit, she resigned from the orthopedic firm, and her most recent role has been as a busy hockey mom of two children. 

Now she has found her “vibe” at the tiny pub at 5609 Main Road. 

“It’s just a chill place,” she said.

For more information about volleyball leagues, call (585) 201-7283. For re-opening updates, go to https://m.facebook.com/The-Tiny-Piney-126142346292656/?ref=py_c 

Images of the pub's new logo and a burger creation are from Jennifer Gray.

Press release:

On Thursday, March 17, 2022, at approximately 6:38 p.m., State Police responded to a report of a serious injury crash on I-90 westbound in the town of Batavia, Genesee County.

The crash occurred in the area of mile marker 389.7, between the Le Roy and Batavia exits.  

A preliminary investigation determined the crash involved a tractor-trailer and an SUV.  As a result of the collision, the SUV became fully engulfed in flames.  One individual was flown to the hospital by Medicac with life-threatening injuries and two others were transported by ambulance for serious injuries. 

All westbound lanes are currently closed.  Traffic is being diverted at exit 47 (Le Roy) until accident reconstruction has been completed.  

More information will be released when it becomes available.  

Photos by Alecia Kaus/Video News Service

Genesee County sales tax revenue is trending in the right direction, County Treasurer Scott German said on Wednesday afternoon.

“Sales tax revenue is doing well,” said German, speaking at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse.

Supported by Excel spreadsheets showing fund balances and tax revenues over the past 15 years or more, German reported that sales tax revenues in 2021 totaled $48.95 million, an increase of approximately 19 percent from the previous year.

As for the first quarter of 2022, sales tax revenues are up by 31 percent from the same time period in 2021.

“Much of that can be attributed to the increased gas prices,” German said, noting that sales tax on gasoline accounts for about 18 percent of the county’s sales tax revenue. It also must be noted that sales tax revenue was down in 2020 and 2021 due to the effects of the COVID-19 pandemic.

The county shared $6,852,960.75 (14 percent) of its sales tax received with the City of Batavia and $5 million – as a voluntary revenue distribution – with the towns and villages last year, as well as an additional $5 million in sales tax to the towns and villages.

Bed tax revenues (from hotel stays) rebounded from the COVID-19 ravaged 2020, German said, increasing from $180,000 to almost $400,000. Three-fourths of that amount was allocated to the Genesee County Chamber of Commerce.

Mortgage tax revenue also increased by 38 percent from 2020 to 2021, he reported.

German said key points of his financial outlook are as follows:

• As part of the $70 million jail borrowing, the County maintained a bond rating of AA- with a stable outlook from S&P Rating Agency.

However, he noted, the rating could have been higher if not for the county’s low per capita income level.

• The county’s self-insurance (medical) reserve has grown for two straight years, increasing by $385,498 in 2021 to a total of $1.8 million.

• The county received approximately $5.5 million in American Rescue Plan Act funding in 2021 and another $5.5 million payment is scheduled for 2022.

Looking at the county’s fund balances, German said the general fund balance of $16.9 million represents 14 percent – “a good number,” he said – of 2021’s budgeted expense.

Other fund balances, such as self-insurance ($1.8 million), county road ($385,000), road machinery ($574,000) and water fund ($4.2 million), are adequate, he said.

On the real property tax side, Director Kevin Andrews said sales of property has increased by 11 percent in 2021 – up from 6 percent the previous year.

Andrews said the county supported reassessment projects in the City of Batavia and the Towns of Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Oakfield, Pembroke, and Stafford for the 2021 assessment rolls.                                       

The Batavia Town Board on Wednesday night set a public hearing for 7 p.m. April 20 on Local Law No. 2 of 2022 – a provision entitled, “A Local Law to Amend the Town of Batavia Zoning Ordinance for Solar Energy Systems.”

The public hearing, which will take place at the Town Hall at 3833 West Main St. Rd., comes on the heels of several months of work by a committee charged with revising the ordinance on the installation of solar systems.

CLICK HERE to access a final draft of the updated solar law.

Supervisor Gregory Post thanked Town Council member Chad Zambito, committee chair, for the group’s efforts, with Zambito acknowledging the input of Building Inspector Dan Lang in the process.

In other action, the board passed resolutions to:

• Adopt Local Law No. 1 of 2022 which changes the zoning in a portion of the Genesee Valley Agri-Business Park on East Main Street Road from Commercial to Industrial Park. This action means that all of the park is now zoned appropriately as an IP District.

• Change a work order between Concrete Applied Technologies Corp. to included a $123,576.60 charge for the installation of a new, 12-inch watermain under Lewiston Road (Route 63) in an existing pipe as part of the Park Road Reconstruction Project.

CATCO is the general contract for the project on 1.2 miles of Park Road between Route 63 and Route 98.

Additionally, the board approved a contract for $55,000 for Ravi Engineering and Land Surveying to provide inspection services for the installation of watermain on Park Road, which also is part of the major project.

• Appoint -- as reported first on The Batavian -- Raymond Tourt as highway superintendent, effective April 4 through the end of the year. His pay for the part-time, salaried position has been set at the pro-rated amount of $15,076.

Tourt, who has announced his retirement at the City of Batavia’s maintenance superintendent, moved into the elected position following the resignation of Thomas Lichtenthal, whose term expires on Dec. 31, 2025.