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Batavia City School District's Board of Education met early this morning to take a vote on making face masks optional per New York State Governor Kathy Hochul's decision to rescind the mask mandate earlier this week.

In just under three minutes, a resolution citing that "The Governor of the State of New York and the Commissioner of Health declared that face coverings are no longer mandated to be universally worn in school buildings in New York State effective March 2, 2022" was approved. The vote received a unanimous yes by board members John Reigle, Barbara Bowman, Jennifer Lendvay, Chezeray Rolle and John Marucci.

The only item of business conducted during the meeting was the vote "regarding modification of COVID-19 measures." 

The meeting is available on YouTube at:  

https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

 

One of the most historic buildings in the village of Bergen is the focus of a new project by Mayor Anna Marie Barclay.

Obtaining a grant to restore the Tulley Building at the corner of Lake Street and Buffalo Road is one in a string of many grants Barclay has obtained since becoming mayor in 2014.

The brick on the Tulley Building is in need of repair and Barclay is working with the Western New York Landmark Society to complete the application for a Genesee Valley Rural Revitalization Grant in the amount of $50,000. That would pay for 90 percent of the project, Barclay said.

“Tulley is the cornerstone of the village of Bergen Lake Street Historic District,” Barclay said. “It is the village-owned building which houses the village offices, public, commercial and residential space.”

Throughout the years, the Tulley building, built-in 1886, has been home to Tulley’s Hardware, Best’s Furniture Store, a Flour and Feed Store, Edgerton Dry Goods Store, Palace of Sweets, saloon and bowling alley, Gregory's Bakery and Cafe, Kevin Russell Hardware and Plumbing, Treasured Images and an ice cream shop. The second floor has been used as a dance hall, millinery shop, barbershop, firemen’s meeting hall, telephone office, office of the Bergen herald, dentist’s office, and apartments.

The village purchased the building in 2006 in the hopes that restoring and repurposing it would decrease the calls to “tear down and replace the obsolete building,” Barclay said. It was their hope the building would serve as an inspirational cornerstone.

A year later as a village board member, Barclay chaired the Tulley Building Restoration Committee, which was formed in 2007 to develop a renovation plan that would ensure the historic integrity of the building would be maintained, and that the building would encourage increased community activity in the village business district, increase a sense of pride within the community, attract new businesses and act as a catalyst to the restoration of other buildings.

Since then, structural restoration has been completed, a new roof installed and first floor commercial area behind the village office space has been restored. Both the east and south facades have been restored and painted, and a mural reflecting Bergen’s history has been added to the south façade.

Slowly, but surely other building owners have followed suit and enhanced the appearance of their buildings. This was accomplished in part by another grant Barclay secured, after several years of applying.

“Others bought buildings with restoration in mind and signed on to participate in the Main Street Grant program,” Barclay said. “The initial Tulley Building was a catalyst to revitalize the historic district. Now the cornerstone building is once again in danger. The proposed Tulley project will help keep our historic downtown economically viable. Our growing sense of place and pride and positive community identity is evident as our buildings are renovated. The Tulley project will enhance this. The project complements place-based economic growth and will add to the architectural and visual richness of the community. The economic value to the village of the Tulley project is immeasurable, as it enhances the work completed on other historic buildings through the Main Street Grant projects.”

Barclay continues to say there is positive economic development momentum which has already drawn several new businesses, walkers and tourists who patronize those businesses, new residents to downtown, and increased property values as these renovations progress. As stated in the 2016 Comprehensive Plan, restoration and preservation of village historic buildings will encourage the development of new businesses, bring more patrons to existing businesses and invite renters to renovated apartments.

The Tulley Building is brick-faced and covered with porous brick produced in Bergen in the late 1800s. Many bricks are loose and deteriorating, causing pieces and dust to fall to the sidewalk, leaving areas of the historic brickwork damaged, Barclay said. Birds are nesting in areas of broken or missing brick, increasing the damage. The domino effect of missing brick exposing other brick to water damage is causing large cracks to occur in the wall. The brick pattern work under the roof edge is noticeably crumbling, and sections of mortar are missing leaving the bricks open to further damage and continued loss of the Victorian brick features. Sections of brick surrounding the windows are equally damaged. This deterioration of the brick surface is allowing for water to seep through to the interior surfaces, which have needed to be replaced.

The Tulley Block project will include the replacing of missing and damaged bricks and repointing of mortar on the east and south walls of the building. A schematic drawing of the painting design of historic features of the building will be done by an architect, and paint and supplies will be purchased through the grant opportunity. Village staff will paint the building according to the drawings. Specifics of the masonry work by accredited historic masons will include removal and replacement of approximately 30 damaged bricks, tuck pointing at damaged locations of 515 linear feet, all mortar joints cleaned and filled, all dust and debris cleaned from the work area, stain removal completed in all portions of the walls and preservation of the bricks to stop further deterioration and prevent water seepage.

The village has had to replace interior walls on the south side of the building and mitigate mold due to water seepage, Barclay said. Painting of the non-brick historic features of the south and east walls will be a complement to the work completed on the historic buildings involved in the Main Street grant project.

Part two of this work is to update and expand the Lake Street Historic District, Barclay said.

“We have just completed the Main Street Project funded through the New York State Main Street Funding Program, which allows the village to move forward with this process without an extensive cultural resource survey. This will broaden opportunities for homeowners in the expanded district.”

Barclay said Bergen is a very small community and in the past was often passed over for grants which were available to larger communities.

“To show we are deserving and ready for support that grants provide, I initiated the comprehensive plan in 2016,” Barclay said. “I also initiated the Park Committee and Tree Board, which gave credibility to our grant applications.”

She also stressed the village no longer pays the exorbitant fees for a grant writer, as she has written 90 percent of the grant applications they have submitted and secured.

“Through my work, the village has secured more than $1.6 million in grants,” Barclay said.

These include $778,843 for Infrastructure; $527,750 for Historic Restoration; $161,940 for Parks and Recreation; $83,200 for Community; and $60,000 for Engineering Planning (written by Clarke, Patterson and Lee).

While the Tulley Building restoration is a priority, it is not the only thing Barclay is hoping to accomplish. She has a bucket list of additional projects to benefit the village, which includes improvements at the Waste Water Treatment Plant, new restrooms in Hickory Park, a Historic Resource survey for New York state/Federal tax credits to homeowners, sponsoring an internship for historic documents and hiring of a village historian.

Photos courtesy of Anna Marie Barclay

Cracks in the mortar and missing bricks are evident in this photo of the Tulley Building. Mayor Anna Marie Barclay is working to secure a grant to pay for restoration work.

Understanding the importance of tourism to the local economy, the Genesee County Legislature’s Ways & Means Committee is endorsing the utilization of federal American Rescue Plan Act money to fund a Chamber of Commerce-driven “county branding initiative.”

The committee, after a brief pitch of the plan by County Manager Matt Landers and Chamber President Erik Fix on Wednesday, voted to forward a resolution to spend $240,000 over three years – including $139,000 this year – for chamber officials to develop and implement a strategy to increase tourism.

“The Chamber has indicated to us that it lost a lot of funding in bed tax during 2020 due to the pandemic,” Landers said. “Tourism is specifically laid out in the federal legislation as an acceptable use for the ARPA money.”

Fix said he worked with county Compliance Officer Pamela LaGrou to put forth a number of initiatives to attract more visitors to Genesee County, with rebranding and social media/website development at the top of the list.

He said part of the money will be used to hire an outside consultant to assess the state of tourism in the county, noting that a company previously working with Livingston County left a “105 page memo of a list of things that could be done.”

The plan includes focusing on downtown Batavia, including the hiring of a part-time “Main Street coordinator,” Fix said, and also to use technology to monitor tourists’ activity during their stays in Genesee County and to create a “central landing page” on the internet.

“Our goal is to build a collective spirit and energy throughout the community,” he said. “if we do it right, it will lead to business development and growth.”

Landers reported that about $8 million of the $11.1 million the county received in ARPA funding will go toward the Countywide Water Project, with another $2 million to expand broadband capability in the county.

About $150,000 is being allocated to cybersecurity and the remainder is being “held out for future opportunities,” he said.

The county has until 2024 to allocate the ARPA money and until 2026 to spend it.

Pending final approval by the full Genesee County Legislature, members of the Civil Service Employees Association Inc. local chapter of county employees will be receiving a raise in the middle of a previously negotiated contract period.

Acting on a resolution proposed by County Manager Matt Landers, the legislature’s Ways & Means Committee on Wednesday voted in favor of granting a 2.25 percent pay increase for 2022 on top of the 2.25 percent increase the CSEA, Local 1000, AFSCME, Genesee County Unit 6950, Local 819 is receiving as part of a four-year agreement that started on Jan. 1, 2020.

“To stay competitive, we needed to provide this wage increase,” Landers said, referring to the part of the resolution that emphasizes that retention and recruitment of employees are crucial to services provided by the county.

The union consists of 272 employees across more than two dozen departments. Its contracted raise for 2023 is 2 percent and is not affected by this resolution, Landers said.

In related action, the committee supported using $86,000 in Community Mental Health Services Block Grant funding through the New York State Office of Mental Health to provide workforce retention incentives for eligible CSEA employees of the Genesee County Mental Health Department.

Authorization for this comes through the Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021.

The resolution forwarded to the full legislature also calls for incentive payments to eligible management staff of the department.

In other developments, the committee:

• Approved a request from Genesee Community College officials to apply to the State University of New York for funding of four capital projects at the campus: heating/ventilation/air conditioning system ($1.8 million), data room control unit ($300,000), gymnasium air handling unit ($450,000), touchless restrooms ($949,000).

According to the resolution, the college will pay for half of the total cost, $1,749,500, by using unallocated Higher Education Emergency Relief Funds and is asking the state to pay for the other half.

Genesee County acts as a pass-through in this transaction and is not required to pay any of the expenses of these projects.

• Approved a change order for $220,000 in the county’s contract with Randsco Pipeline of Macedon, effectively ending legal proceedings between the two entities over the costs of extensive work performed by Randsco on Phase 2 of the Countywide Water Project.

“This is the final payment that ends the contractual agreement,” Landers said, opting not to get into the specifics of the dispute, which was reported on The Batavian in October 2020.

Previously: Randsco Pipeline crews return to work on county's Phase 2 water project as contractual issues are put on hold

Previously: County seeks outside legal advice regarding 'serious disputes' with water pipeline installation company

A dozen businesses, seeking more than $500,000 in assistance, have applied thus far for financial assistance through the Genesee CARES Business Recovery Fund -- the new program that is providing up to $75,000 to small businesses negatively affected by the COVID-19 pandemic.

Jim Krencik, marketing director for the Genesee County Economic Development Center, and Michael Zimmerman of The Harrison Studio, which is overseeing the initiative, updated Genesee County legislators today at their Ways & Means Committee meeting at the Old County Courthouse.

Supported by a $1 million Community Development Block Grant, the program has been created to help businesses with 25 or fewer employees that were hurt by the pandemic to receive grants of up to $75,000. Eligible applicants are for-profit ventures within Genesee County with 25 or fewer employees.

Krencik said the 12 businesses that filled out application forms – which can be found at www.geneseecares.com – have asked for $550,000 in relief.

“If they’re all viable, we’re not sure yet,” he said, while encouraging business owners who have completed applications to follow up to make sure everything is in order.

He added that applications are taken on a first-come, first-served basis.

A crucial element to the process is that these businesses have to add at least one full-time equivalent job.

“Adding one FTE is a large increase (for small businesses),” he said. “Our goal is to have 20 to 40 businesses supported. If we get more, we could apply for additional funding.”

Krencik said businesses can apply for funds in any or all of four categories.

Those categories are as follows:

• Employment Restoration and Job Hiring -- Businesses will be eligible to receive a grant of up to $25,000 per full-time equivalent job position created, restored, or retained, up to a maximum of $60,000.

• Outdoor Dining Development -- Businesses will eligible to receive up to $50,000 in grants to facilitate outdoor dining enhancements. Eligible activities include professional and soft costs, furniture, and equipment, and working capital expenses related to expanding, installing, or improving outdoor dining and gathering spaces. Construction or renovation costs will not be eligible.

• Working Capital -- Businesses will be eligible to receive a maximum of $50,000 of grant funds to be used to assist with working capital expenditures (such as payroll, marketing, rent, utilities, etc.) for businesses that can demonstrate the impact of COVID has put a strain on their cash flow which cannot be met through other funding sources.

• Business Resiliency -- Businesses will be eligible to receive grants of up to $25,000 to support small business efforts to respond to the pandemic. Funds will be used for projects such as developing safety and resiliency plans, purchasing PPE, installing touchless point-of-sale systems, and other improvements to allow for social distances and all businesses to operate safely.

Zimmerman, responding to a question from Legislature Chair Rochelle Stein about agricultural-related enterprises, said that as long as the business meets the requirements (for profit and 25 or fewer employees), they should be eligible.

“The use of the funds is a pretty broad net,” he said, “and cover most business needs. I imagine (that a farming business) could find working capital needs to which to apply the grant funds.”

To be considered for the first round of approvals, applications must be submitted no later than March 9.

In related action, the Ways & Means Committee approved a resolution to create a line item in the county's budget to reimburse eligible expenses.

Kaleb J. Bobzien is indicted on seven counts of rape in the third degree, seven counts of criminal sexual act in the third degree, three counts of criminal contempt in the second degree, two counts of aggravated family offense, and one count each of forcible touching and endangering the welfare of a child. Bobzien is accused of forcibly touching on June 1 another person's sexual or other private parts for the purpose of degrading or abusing the person or for the purpose of gratifying his own sexual desire. He is accused of acting in a manner injurious to a child under 17 years old on June 1. He is accused of engaging with sexual intercourse with a person less than 17 years old while being at least 21 years old himself, on dates of between May 9 and May 15, May 16 and May 22, May 23 and May 29, May 30, and June 5, June 6 and June 12, June 13 and June 19, and June 20 and June 26. He is accused of three times violating a stay-away order of protection. He is accused of violating a Family Court order on three occasions.

Arthur J. Brown is indicted on counts of menacing a police officer, criminal possession of a weapon in the second degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, obstructing governmental administration in the second degree, and driving while ability impaired by drugs. Brown is accused of placing a police officer in fear of his physical safety by displaying a deadly weapon on Sept. 19 at a location in the Town of Stafford. He is accused of possessing a loaded firearm. He is accused of possessing cocaine. He is accused of fleeing the scene of an incident. He is accused of driving a 2008 Pontiac on Route 237, Stafford, while impaired by drugs.

Jillian E. Antinore is indicated on counts of felony DWI, felony driving with a BAC of .18 or greater, and aggravated unlicensed operation. Antinore is accused of driving drunk on Oct. 12 on Ellicott Street in the City of Batavia. She is accused of driving without a valid driver's license. 

Nathan W. Stringer is indicted on four counts of felony aggravated DWI and one count of felony DWI.  Stringer is accused of driving drunk on Aug. 28 on Route 77 in the Town of Pembroke with four children less than 15 years of age in the vehicle.

Paul A. Inostroza is indicted on counts of attempted assault in the second degree, criminal obstruction of breathing, reckless endangerment in the second degree, and harassment in the second degree.  Inosroza is accused of slamming a woman's head against a wall on Sept. 5 at a location on East Main Street, Batavia. He is also accused of applying pressure to that person's neck. 

Directors of Western Regional Off-Track Betting Corp. have approved spending up to $190,212 to install a new sewer pipe extending from the Genesee Park Place apartments to an area in front of the Hotel at Batavia Downs on Park Road.

The board, at its meeting last week, approved a resolution to accept a proposal by Town of Batavia officials to put in the pipe as part of the Park Road Reconstruction Project that is set to get underway this month.

“We believe the sewer pipe project will cost around $260,000 and we’ve made a request to owners of the Park Place apartments to split the cost,” WROTB President Henry Wojtaszek said today. “The board agreed to a maximum of $190,000 to take into account any overruns or contingencies, and in case we have to do it on our own.”

Wojtaszek said putting in the sewer line will eliminate the need to use an old pump station just south of Alex’s Place and will result in lower costs to the corporation.

Town Engineer Steve Mountain agreed, adding that it would be more efficient if that work is done as part of the major renovation of the road.

“We posed that to them if they wanted to consider it now rather than later,” Mountain said. “Now's the time -- before the road is built.”

WROTB previously agreed to spend about $450,000 in enhancements to the $4.077 million project -- improvements such as trees, street lights, increasing the size of the sidewalks and replacing the fence along the parking lots.

Mountain said the main water pipe is being delivered today or tomorrow and work will start in a couple weeks. Catco (Concrete Applied Technologies Corp.) Construction of Alden is general contractor for the project, which is expected to take several months, possibly until the end of the year.

“I guess you could say this is the calm before the storm,” Mountain said. “Everything will get started when the weather starts breaking.”

He noted that there will be lane shutdowns during construction but traffic will be maintained.

“There'll be times when it'll be stop and go for sure,” he advised.

The project calls for the installation of new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road; overlaying of pavement and installation of sidewalks on one side of the road from Richmond Avenue to Route 98, and installation of new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Photo: WROTB President Henry Wojtaszek points north on Park Road, where a new sewer line running from Genesee Park Place apartments to Batavia Downs Gaming will be installed as part of the Park Road Reconstruction Project. Photo by Mike Pettinella.

The Village of Elba's welcome sign proudly proclaims, "Onion Capital of the World."

Somebody apparently thinks that would make a fine item to own for themselves.

Recently, somebody cut down and stole the sign.

Until about 2013, the sign is well known for its phrase, "POP: Just Right."  That was changed because it didn't seem welcoming to some people.

Mayor Norm Itjen asks that anyone with information contact the Genesee County Sheriff's office at (585) 345-3000 or the VIllage of Elba @ (585) 757-6889.

Photo by provided by Norm Itjen.

Societal and philosophical changes in mental health treatment are causing the expected closure of Genesee County Mental Health’s Continuing Day Treatment program, but department officials are providing assurances that no one in need of these services will “fall through the cracks.”

Bob Riccobono, director of clinical services, and Nancy Hendrickson, supervisor of the CDT, on Monday presented a resolution to the Genesee County Legislature’s Human Services Committee that calls for the elimination of CDT programming within the next few months.

Reinforced through research conducted by Lynda Battaglia, Mental Health & Community Services director, and supported by the county’s Community Services Board, Riccobono shared a brief history of CDT and some factors that entered into the decision to shift to more clinical and therapeutic outpatient programs.

“Back in the 1950s, clients were treated in hospitals, but then we developed medications to the point where clients could then be released and go back to the communities where they came from,” he said. “But the problem was that the communities that were receiving these mental health clients, they didn't have the resources available. So, the state was giving aid to all the counties to develop community mental health centers. And part of that was to create day treatment programs for the more severe mentally ill.”

He said these programs worked very well in tandem with community residences to house people with mental health issues.

SOCIAL ACTIVITIES CURTAILED

“When I started my career back in the early 90s, we did all kinds of programs with the clients. We did camping trips, ceramics, woodworking – all kinds of different things like that. Then the state came and starting telling us you can't do those kinds of programs; it had to be more rehab-oriented,” he explained.

Those restrictions, combined with a decline in referrals from state hospitals, led to a decrease in the day treatment program population, he said, and because of that, “the funding dried up.”

“(Previously) it was the day treatment programs that were carrying the clinic. Now it's the exact opposite -- the clinic is carrying the day treatment program,” Riccobono said. “It’s not anything that the day treatment program is doing; that’s just how the funding is allocated.”

Riccobono said the state changed its philosophy – advocating for mental health clients to be integrated into the community. As a result, community residences closed and clients were treated in apartment programs or at their own apartments. Today, GCMH is just one of 13 agencies in New York with a CDT and most of them are downstate.

When the COVID-19 pandemic hit in 2020 – making it more difficult to coordinate group settings – the handwriting was on the wall, he said.

“That was sort of the final nail in the coffin because the past two years we couldn't do the same kind of treatment we were doing before,” he said.

PANDEMIC HURT PROGRAMMING

The GCMH CDT program, prior to the pandemic, ran five days a week from 10 a.m. to 2:30 p.m., with clients coming in from one to five days, Hendrickson said.

“During that time, we were in group rooms where we sat very close to each other,” he said. “Clients milled around together in the hallways. When the pandemic happened, we had to maintain social distancing. And we are not able to accommodate it (very well) with social distancing in our buildings.”

Hendrickson said the state began reimbursing the department for daily phone calls made to clients, so the strategy changed to a combination of in-person and telephone sessions.

“Now, we have to talk to the clients in order to bill five days a week,” she said. “And groups are small. People can’t congregate in the hallways like they used to. We cannot serve lunch like we used to because of the lack of space and, primarily, the six foot distancing.”

Staffing is another issue, Riccobono said.

“The other thing that's going on is that I can’t hire clinical staff in the outpatient clinic. It’s that much harder to hire people to go into the day treatment program because most of them never heard of that,” he noted.

MOVING STAFF TO OUTPATIENT CLINIC

Going forward, the plan is to take four GCMH employees from the day treatment program and incorporate them into the outpatient clinic.

“So, most of your clients are going to remain with their therapist, and also be seeing the same psychiatrist that they're seeing in the day treatment program,” Riccobono said. “In addition to that, because we're going to have more staff available in the outpatient clinic, we're going to look at some different programs that we can do, such as an intensive outpatient program.”

He said a long-term approach hasn’t been finalized yet, but GCMH leaders are reaching out to other places that offer intensive outpatient services to see how they operate.

Legislator Gordon Dibble, who serves on the Community Services Board, said CDT “is just a program that seems like it just run its course.”

“And in the shutting down of the program, everything I’ve heard seems to be well thought out,” he said. “So, it's going to get done and get done right.”

Hendrickson said that no employee will lose their jobs. Two full-time therapists will move to the clinic with one of them assigned to develop the intensive outpatient program.

ALL CLIENTS WILL BE PLACED

Riccobono emphasized that the state Office of Mental Health will not allow GCMH to close the program until every client has been placed and is seeing a therapist.

“No one is going to fall through the cracks,” he said.

The Human Services Committee voted in favor of the resolution, which indicates a loss of about $174,000 in anticipated state aid for CDT services. It also notes that staff reallocation will allow existing personnel expenses to be offset by Medicaid, Medicare and third-party insurance.

The resolution will be considered by the Ways & Means Committee on Wednesday.

If the first Batavia City Council meeting for the newly-appointed Rich Richmond seemed like it went by in a flash, that’s because it did.

At the outset of tonight’s meeting at the City Hall Council Board Room, Richmond was sworn in by City Clerk Heidi Parker to replace Jeremy Karas, who resigned his Council member at large seat (photo at right).

And 22 minutes later, the meeting was over as Council (guided by Assistant City Manage Jill Wiedrick, who was filling in for City Manager Rachael Tabelski) zipped through a number of agenda items, moving them to the board’s next Business Meeting on March 14.

Richmond, the City Republican chair, had several family members in attendance, including wife, Cindy; sons, Joe and Michael; Michael’s wife, Marjorie; daughter, Amber; grandson, Greydon, and granddaughter, Morgan.

Resolutions to adopt the 2022-23 budget and water rates/meter fees topped the list. Both provisions were forwarded with little discussion after a pair of public hearings failed to attract any speakers.

Council now is prepared to pass a $29.7 million All-Funds budget -- $17.8 million of it in the General Fund – that carries a property tax rate of $8.94 per $1,000 of assessed value. The rate is a decrease of 78 cents from 2021-22.

Water rates and meter fees are scheduled to go up by 1.5 percent.

Other forwarded resolutions were as follows:

• Contracting with HUNT E/A/S of Rochester for $99,317 for architectural and engineering services for the design of the City Centre/Mall $1 million Downtown Revitalization Initiative project.

• Authorizing work and contracts in connection with the city’s Water Treatment Plant and Waste Water Treatment plant.

• Accepting a $1 million grant for the Jackson Street water main project.

• Accepting a $5,000 grant from the GO Art! Statewide Community Regrant Program to fund the “Community Garden in Bloom” seasonal mural initiative at the Community Garden on MacArthur Drive.

Conservative Party Endorses Three

In other news involving local government, the Genesee County Conservative Party tonight endorsed Richmond and City Council colleague Tammy Schmidt as well as Richard Tetrault, who serves on the Le Roy Village Board.

Previously: City manager recommends HUNT engineering firm to oversee $1 million City Centre/Mall project

Looking at the “community burden” rather than just the number of cases is a key part of the reason for New York State’s shift in COVID-19 masking requirements, according to the public health director for Genesee and Orleans counties.

Paul Pettit, appearing at the Genesee County Legislature’s Human Services Committee meeting this afternoon at the Old County Courthouse, updated legislators on some of the factors leading to Gov. Kathy Hochul’s decision to lift the statewide mask requirement in schools starting Wednesday.

“What they did is they started to look at community burden, which looks at not just the number of cases, but now also includes the severity – how it’s impacting our healthcare system and what kind of bed capacity that we have available in the region,” Pettit said. “Those things are now overlaid with the cases, which actually doubled per 100,000; they went from 100,000 to 200,000 for obtaining the high level status.”

He said that the new scenario provides “a better indication of what’s going on with COVID in the community; not just pure numbers.”

Pettit mentioned that the local health department has advocated for months that the state change the metrics by which regions are categorized – and now that has been done as well, moving from low, medium, substantial and high to low, medium and high.

“When they changed this on Friday, they looked at the map and immediately made probably two-thirds of the map go from substantial or high to medium because once you take community burden in place, it puts it at a whole different level,” he said.

Currently, Genesee County is in the medium category, he said, adding that the county’s monitoring of wastewater backs up the extent to which COVID-19 cases are declining.

As far as schools are concerned, Pettit said he has yet to receive official guidance from the state but expects all Genesee County schools to take the optional approach when it comes to wearing masks.

“We’ve been lobbying all year, before school even started, with moving forward with more of a local decision-making choice-based method with this,” he said. “Our schools are positioned – I haven’t talked to them all yet – but the indication is they’re all going to move forward with optional masking starting Wednesday.”

Pettit acknowledged that some students and staff will continue to wear masks.

“That’s their right if they want to do that and it’s their ability to do that,” he said. “We would definitely encourage it if they feel comfortable and they're concerned, that they continue to do that."

He said the health department has masks for all, including smaller ones for the elementary pupils, but, in general, he emphasized that he is happy to see “the shift in all of our schools starting on Wednesday.”

On related topics, Pettit reported:

• The vaccination rate in Genesee County for those age 5 and older is 66.2 percent for one does and 61.5 percent for the completed series (not including a booster shot). Vaccines continue to be available through the health department and at local pharmacies.

• There isn’t a strong demand for testing and, in fact, the health department has 15,000 test kits on hand – many coming in now from orders submitted weeks ago.

• Discussion at the federal level has included development of a vaccine that combines COVID with other viral infections, such as the seasonal flu. Currently, a fourth shot is not being considered.

• People, including students, who test positive for COVID should stay home for up to five days and wear masks for up to five days after that. Students who ride the bus are exempt from the federal transportation mandate, which means that masks aren’t required unless a student is coming off a positive case.

Garlyn Maurice Gause, 42, of Brookhaven Terrace, Rochester, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation, insufficient turn signal, and consumption of alcohol in a motor vehicle. Gause was stopped at 2:11 a.m., Feb. 12, on East Main Street, Batavia, by Deputy Nicholas Charmoun. During the stop, K-9 "Rayzor" (handler Deputy James Stack) alerted on the possible presence of narcotics inside the vehicle. It's alleged that Gause was in possession of narcotics. He was released on an appearance ticket.

Jerry Tyrone Saddler, 45, of State Street, Batavia, is charged with criminal possession of a controlled substance 4th, tampering with physical evidence, criminal possession of a controlled substance, and obstructing governmental administration 2nd. Saddler was arrested in connection with a traffic stop at 2:12 a.m., Feb. 12, by Deputy Nicholas Charmoun, on East Main Street, Batavia. Saddler was a passenger in the vehicle. During the stop, K-9 "Rayzor" (handler Deputy James Stack) alerted on the possible presence of narcotics inside the vehicle. Saddler was allegedly attempted to conceal his possession of narcotics while being booked into the Genesee County Jail. He was arraigned in City Court and ordered held without bail.

Victoria L. Jacques, 52, of Batavia, is charged with endangering the welfare of a child and assault 3rd. Jacques was arrested in connection with an incident on Elm Street reported at 8:35 p.m., Feb. 20. Jacques was arraigned in City Court and released under supervision.

Jeremiah D. Williams, 30, of Batavia, is charged with two counts of criminal possession of a weapon 3rd. Williams is accused of possession of a fully automatic handgun on Aug. 17 at a location on Oak Street, Batavia, and of possessing a weapon with a prior felony conviction. He was jailed without bail.

Loretta L. Baer, 50, of Batavia, is charged with harassment 2nd. Baer is accused of charging a person and placing her hands around that person's neck while at UMMC at 3:36 a.m., Feb. 18. Baer was issued an appearance ticket.

Jeremiah T. Jones, 48, of Batavia, is charged with tampering with a witness 4th. Jones is accused of threatening a person who was testifying in a court proceeding. The alleged threat was reported at 1:40 p.m., Feb. 6.  Jones was released on his own recognizance.

Janell M. Sauer, 46, of Batavia, was arrested on a bench warrant. Sauer is accused of petit larceny on Jan. 16. Sauer was arraigned in City Court and released under supervision.

Melody J. McMaster, 51, of Batavia, is charged with criminal tampering 3rd. McMaster is accused of removing fire extinguishers from their designated locations at a business on State Street, Batavia, at 7:19 a.m., Feb. 17. McMaster was arraigned in City Court and released on her own recognizance.

Lyndsay T. Young, 38, of Batavia, is charged with conspiracy 6th. Young was arrested by State Police in connection with an incident reported at 6:11 p.m., Nov. 10, in the Town of Batavia. She was released on an appearance ticket. No further details released.

The City of Batavia apparently has concluded its “hunt” for the right engineering firm to handle the City Centre/Mall rehabilitation project.

According to a memo to City Council dated Feb. 16, City Manager Rachael Tabelski is recommending that the city contracts with HUNT E/A/S of Rochester for architectural and engineering services for the design of the project’s improvements. The total cost of the contract is $99,317.

Tabelski wrote that three companies responded to the city’s Request for Proposals in connection with the $1 million Downtown Revitalization Initiative and that two were selected as finalists. From there, Tabelski met with a panel of city staff and Batavia Development Corp. members to make the final selection.

Per the memo, HUNT’s work includes the Commissary at Sibley Square, Wegmans Food Markets re-use project and the Regal Cinema Complex repurposing project.

“They bring together a team of professionals dedicated to drive the public rebirth of the Batavia City Center Mall and reestablishing Main Street as a destination,” Tabelski wrote. “The HUNT team in conjunction with Vargas Associates has a long-established reputation for the creation of adaptive reuse projects and involves customized unique approach.”

The topic is part of the agenda of Monday night’s City Council Conference Meeting, scheduled for 7 o’clock at the City Hall Council Board Room.

Other agenda items of note include:

• Public hearings to adopt the 2022-23 city budget and to amend a local law to set new water rates, meter fees and a capital improvement fee. The $29,700,792 All-Funds budget ($17,853,892 general fund) calls for a tax levy of $5,986,000.  The property tax rate is $8.94 per $1,000 of assessed value – a 78-cent decrease from the 2021-22 rate. Water rates and meter fees will go up by 1.5 percent.

• Four measures dealing with work at the Water Treatment Plant and Waste Water Treatment Plant:

(1) Issuing a bid package for a licensed construction firm to replace six filters at the Water Treatment Plant to improve efficiency and capacity of the plant’s water output;

(2) Following a bid process, award contracts to six companies to supply the various chemicals used at the facilities – quicklime, ferric sulfate, fluosilicic acid, carbon dioxide, liquid alum and liquid phosphate;

(3) Contracting with Ron Hutcheson, lowest bidder, for the harvesting of fat head minnows at the WWTP. Hutcheson has agreed to pay the city $27,000 in 2022, $28,000 in 2023 and $29,000 in 2024.

(4) Using $60,000 from the city’s sewer fund sludge reserve to conduct Maximum Allowable Headworks Loadings evaluation as part of the headworks, capacity analysis and financial planning study at the WWTP. The plan is to sample different pollutants at multiple points in the system, including the influent, effluent and lift stations, Tabelski said.

• Acceptance of a $1 million Community Development Block Grant for the installation of 2,250 linear feet of 8-inch water main along Jackson Street and to commit $414,017 from the city’s water fund reserves to pay for the remaining cost of the project.

• Acceptance of a $5,000 grant from the GO Art! Statewide Community Regrant Program to fund “Community Garden in Bloom,” the creation of a seasonal mural of multiple painted panels at the Community Garden on MacArthur Drive. The project is set to run from June through October.

Marlon Hibbert

Following a traffic stop on Thursday, Deputy Kenneth Quackenbush had reason to believe "criminal activity was afoot" and requested backup, which came from the K-9 unit, Deputy James Stack and "Rayzor."

The team reportedly found in the vehicle, stopped at Route 33 and West Bergen Road in Bergen, a quantity of crack cocaine and a firearm.

Arrested at the scene was Marlon O. Hibbert, 35, of Rochester.  His passengers were released without charges.

Hibbert is charged with:

• Criminal possession of a narcotic drug, a Class B felony;
• Criminal possession of a narcotic drug with intent to sell, a Class B felony;
• Criminal possession of a weapon 2nd, a Class C felony;
• Aggravated unlicensed operation 3rd;
• Unlicensed operator;
• Failure to yield the right of way at a stop sign.

Hibbert was arraigned in Town of Bergen Court and ordered held on bail of $5,000 or $10,000 bond.

Assisting in the investigation were Sgt. Andrew Hale, Deputy Nate Chamound, members of the Local Drug Task Force, and the District Attorney's Office.

A lifelong City of Batavia resident who says he only wants the best for the community is ready to fill the vacant seat on City Council.

“I am looking forward to this because I love the city,” Rich Richmond said this morning when asked about his selection by the City Republican Committee to replace Council member-at-large Jeremy Karas, who resigned at the end of January. “We’ve got good people living here.”

Richmond, 66, (photo at right), reported that he is expected to be appointed prior to Monday’s City Council Conference Meeting at 7 p.m. at the City Hall Council Board Room.

If that does happen, he would serve until an election in November and, if he wins in November, would serve out the remaining time in that term.

The City GOP chair, Richmond said a Republican committee of 24 people met earlier this week at the Old County Courthouse to interview three candidates and vote on Karas’ replacement.

“I recused myself from running that meeting,” he said. “The three of us were there to answer as many questions as the committee had.”

With his selection, Richmond said he would give up his position on the Genesee County Planning Board (he’s been a member of that committee for four years), but would continue on as City Republican chair.

“My experience on the planning board will be a plus, having dealt with zoning issues and related items, but I’ve got a lot of catching up to do regarding city codes,” he said “I am also familiar with budgets as a member of the Godfrey’s Pond board of directors.”

About eight years ago, Richmond ran for a Ward seat on City Council but lost by 11 votes.

Frank Baumgardner, 40, of Laurel Oak Way, Batavia, is charged with issuing a bad check. Baumgardner is accused of issuing a bad check at about noon, Jan. 5, at a location on Myrtle Street, Le Roy. The case was investigated by Le Roy Officer Stephen Cappotelli.

Johnny Gene Jenison, 51, of Clinton Street, Cowlesville, is charged with forcible touching. Jenison was wanted on a warrant issued out of Town of Batavia Court in relation to an incident reported on 10:09 p.m., July 22, at Fairbridge Inn & Suites, 4371 Federal Drive, Batavia. He was also charged with failure to report change of address.  Jenison was arraigned in Town of Batavia Court and released under supervision.

Klarissa Carol Price, 43, of Halstead Road, Batavia, is charged with trespass. Price was arrested on a warrant out of Town of Batavia Court in relation to an incident reported at 4 p.m., Sept. 28, at a location on West Main Street, Batavia. Price was released on her own recognizance. 

Chris John Bannister, 57, of Route 98, Attica, is charged with DWI, speeding, and criminal possession of a controlled substance 7th. Bannister was stopped at 1:57 a.m., Feb. 22, on Clinton Street Road, Stafford, by Sgt. Mathew Clor. Release status unknown.

Patricia A. Gibson, 32, of Pearl Street, Batavia, is charged with petit larceny. Gibson is accused of shoplifting from Walmart at 2:17 p.m., Feb. 22. She was issued an appearance ticket.

A $12.1 million capital improvement project at Le Roy Central Schools is running under budget, and district officials are looking at adding three more tasks to the to-do list, Superintendent Merritt Holly told trustees at their meeting Tuesday night.

Officials will seek bids on:

• Replacing heat pumps at Wolcott School and the Jr./Sr. high school;
• Replacing curtains in the theaters at both schools; and, 
• Replacing switchgear in the Lapp Building.

"So those are the three areas that we've kicked back to CPL (civil engineer firm in Rochester), to get a design in on those, so that again, if we have money left over, then we have designs set in place to get into SED (State Education Department) to get approval," Holly said.  "If you notice those fit in very close to what we went out with before, which was heating, cooling, and those type of items, not glamorous stuff that people are going to see but stuff that we know we need to run our buildings and protect our assets."

The curtains in the theaters have been in place since the theaters were constructed, Holly said. The immediate need is to spray them with fire retardant, but they've also reached the end of their useful life, he said. They're falling apart and should be replaced rather than just treated one more time.

Construction on many of the items in the capital improvement project will begin this spring. 

Among the items at Wolcott School:

• Convert heating controls to electronic
• Reconstruct the building's parapet
• Replace the roof
• Precast window and sill reconstruction
• Replace exterior windows
• Stair tread replacement

The construction will impact the Oatka Festival in July with construction equipment and fencing blocking some of the area used by the festival in past years for vendors.  Holly said he's met with Oatka organizers to go over options for a new site plan for the event.

COVID Update
Holly also gave the board an update on COVID testing and protocols.  

Beginning March 7, "test to stay" tests will be administered "right before school," Holly said.

Currently, tests are offered from 7 a.m. to 8:30 a.m each day.

We'll do it before school because numbers have dropped," Holly said. "If numbers come back up again, after break or whatever, we're prepared to go back (to testing) in the morning. But right now, we can handle everything that we need to just before school."

Recently, the district handed out 64 at-home tests to parents and community members. 

State Audit
Up to a half-dozen auditors from the NYS Comptrollers Office will be in Le Roy, or some working remotely, for an audit of the district.

The Comptrollers office routinely audits every government agency in the state.

"Just remember with an audit, they're not going to tell you the good things that are going on," Holly said. "It's going to be just things that obviously procedure-wise, it can be improved."

Officials have not provided the district with a precise date the audit will begin, but Holly said he expects the audit sometime in the spring, before the end of the school year.

"This is the first one I've had during my tenure here," Holly said.

Photo: Via Le Roy Central School District capital improvement project presentation.

The first New York State Bike Census has been developed and Genesee County certainly is going along for the ride.

County Planning Director Felipe Oltramari today said the state bicycle census – actually a survey that takes only a couple of minutes to complete – fits in well with the Genesee’s newly-adopted Recreation Plan.

“Our rec plan has a lot to say about this,” Oltramari said. “Community trails are a major recommendation of the plan (and the availability of trails is touched upon in the state census).”

Oltramari said that although the county did its own surveying through the Genesee 2050 project that created the Recreation Plan, the NYS Bike Census “will help bring those initiatives we identified up to the state level which should help when searching for funding opportunities.”

Here is the link to the state bike census:

https://nyserda.az1.qualtrics.com/jfe/form/SV_aaOKnyxZSgkskmi

Created through a partnership between the New York State Energy Research and Development Authority and Urban Cycling Solutions, the cycling census represents New York’s first statewide dataset on bicycle integration with mass transit.

The purpose of this short survey is to collect insights from cyclists and transit customers from all over the state to better understand opportunities and barriers for active first/last mile transportation.

Each participant will be entered to win one of three $150 Planet Bike gift cards as long as an email address is provided at the end of the survey.

Oltramari said county plans include expanding Ellicott Trail east and west, creating trailhead (parking/access) locations for this trail and adding connections/new corridors to form a trail network through the county.

Additionally, plans call for identifying appropriate town, county and state roads for paving of shoulders to facilitate recreational and multiuse purposes.

Per the Recreation Plan:

“In the absence of other trail facilities throughout the county, paved shoulders on the edge of certain Genesee County roadways can be enhanced to serve as safe and functional space for bicyclists and pedestrians to travel. Paving of road shoulders would be appropriate in more rural areas where there are few designated trails and expected pedestrian and bicycle activity. Walkable and bikeable shoulders could be provided along both sides of county roads routinely used by pedestrians.”

There’s a well-known tenet of business that you have to spend money to make money.

However, when a pandemic hits and stalls theater renovations and the ability to make money with shows, only half that rule is visible, says Pat Burk of Batavia Players.

“We already paid for a number of shows for this year’s season. When you buy the rights and royalties to a show, you’re never going to get that money back,” Burk said during an interview with The Batavian. “COVID slowed down the demolition. We were supposed to be in there; COVID stalled that for 20 months. We had to start spending money and create a season for 2022, without a home to do it in.”

Not to worry, he said. The theater group is gradually getting back on track with its new Main Street 56 Theater space at City Centre. Well-equipped with grants of $400,000 and just shy of $700,000 for construction, Batavia Players encountered that tired old COVID script of encountering supply chain issues — material shortages — coupled with the need to haul out several containers of equipment, medical records, conduit, and electrical supplies from a defunct medical office.

“They just walked out and left it all there,” he said. “We did nothing else but two weeks of electrical demolition.”

Some actors have left during the lull, and new ones have joined the theater, he said. Those purchases of show rights have left a dent in the theater’s piggy bank, and therefore Burk is appealing to the community for help. He sent out an email asking that individuals, groups, and businesses consider buying a program ad.

“Recent events have led us to have to raise $17,000 to $20,000 in order for us to continue our season in 2022, and to make our goals for our construction of the Main St. 56 Theater,” he said. “By placing a sponsorship ad in our program all year, you will be a huge help in making sure that the Batavia Players’ 90th year of performing continues.”

He is happy to announce a seven-show season that kicks off with Love’s Labour’s Lost March 4, 5, and 6 for a perennial Shakespeare in Springtime series. Six new actors have joined the cast, and “our actors, technicians, and Board of Directors are working hard” for a successful year of classics to full stage musicals, he said. 

Other shows from April to December include The Springtime Music Spectacular, Back on the Boards Again: The Best of Broadway, The Importance of Being Earnest, Peter Pan (Summer Youth Theater), Godspell, Uncle Vanya and Miracle on 34th Street, the Musical.

Deadline for program ads is March 1. For more information, go to: www.bataviaplayers.org

Top photo: Main St. 56 Theater's shop has been ready for patrons with lots of theater trinkets and memorabilia at the new City Centre location. Batavia Players is set to begin its 2022 season with Love's Labour's Lost the first weekend in March. Photo by Howard Owens.

An older woman at 167 Vine St. Batavia, using a walker, was reportedly helped from her house while it was filling with smoke this evening by an identified female neighbor.

The woman, whose name has not been released, was treated at the scene for minor smoke inhalation. 

Interim Fire Chief Dan Herberger said it appeared the fire started in the basement and the basement was fully involved by the time fire crews arrived on the scene and was starting to make an incursion into the first floor by the time it was extinguished.

"There is significant fire damage in the basement and the fire popped up through the first floor," Herberger said. "There is significant smoke damage throughout the house. There is a lot of damage.

Mary McCarthy, daughter of the resident of the house, and her husband Mike McCarthy told The Batavian's photographer Jim Burns about the apparent rescue of her mother by a neighbor and said she became aware of the fire when receiving an alert on her mobile phone from the house's Ring security system and she could view the smoke through the Ring's recorded video. The McCarthys immediately headed to the house.

The fire was reported around 6:30.

City Fire along with Alexander's Fast Team, with mutual aid from the Town of Batavia and Le Roy Fire, responded to the two-alarm fire.

Herberger said the fire was somewhat difficult to fight because the basement is set up for a home hair salon, so there are barriers in the basement along with chemicals.

The original dispatch placed the fire at the YWCA on North Street but when crews arrived, they determined the fire was at the residence.  There was smoke coming from the chimney, which on a warmer day, indicates basement fire, Herberger said, and flames showing from at least three basement windows. 

County records indicate the home is owned by Joyce Meisner and Mary McCarthy.  The ranch-style brick house was built in 1950 and is 1,715 square feet. The assessed value is $155,000.

UPDATE: Press release,

On Monday, February 21, 2022, at 6:34 pm the City of Batavia Fire Department responded to reported smoke from a house at 167 Vine St. in the City of Batavia.  Initial fire units arrived at 6:38 pm to find smoke emanating from a one-story, single-family home.  One occupant of the home was assisted to safety by the City of Batavia PD and neighbors upon FD arrival.  Fire crews entered the home to find a large volume of smoke throughout with fire in the basement.  Crews had difficulty locating the fire due to its location in the basement.  The fire was placed under control at 7:32 pm.  Extensive fire and smoke damage were caused to the structure and contents.

Two civilian injuries were reported, however, both refused transport to the hospital.  No firefighter injuries were reported. 

The cause of the fire is under investigation by City of Batavia Fire Department fire investigators.  

The City of Batavia Fire Department was assisted by the City of Batavia Police, City of Batavia Bureau of Inspections, Town of Batavia FD, Alexander FD, LeRoy FD, Genesee County Emergency Dispatch Center and Emergency Management Office, Mercy EMS (as well as an ambulance from the FEMA deployment to the area), National Grid and National Fuel.

Photos by Jim Burns