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Ermonie R. Schichler, 18, of State Street, Batavia, was arrested at 10:40 a.m. on May 17 and charged with disseminating indecent material to a minor in the second degree and endangering the welfare of a minor. It is alleged that she sent sexually explicit photos to a minor over a period of time. She was arraigned via Skype in Batavia City Court, then released on her own recognizance. She is due back in court later this afternoon (May 24).

Daniel J. DiFransecso, 39, of Libarty Street, Batavia was arrested at 5:48 p.m. May 9 and charged with second-degree harassment. It is alleged that on that day he verbally threatened to kill a person while banging on their window with a hockey stick. He was issued an appearance ticket for May 18 in Batavia City Court.

Robert Wood, 30, was arrested by Batavia Police Officer Peter Post at 3:45 p.m. May 19 in the City of Batavia (no address provided) and charged with first-degree criminal contempt. It is alleged that he had contact with a female who has an active stay away order of protection against him. Wood was arraigned in Batavia City Court and jailed without bail. He was due to return May 20.

Darren Ayrhart, 52, of North Main Street, Albion, was arrested at 8:45 p.m. May 19 and charged with first-degree criminal contempt and second-degree burglary. It is alleged that he violated a stay away order of protection against him after a domestic incident on Dellinger Avenue in the City of Batavia. He was put in jail; no bail status provided. Ayrhart is due in city court on May 27.

Justin Thagard, 32, was arrested at 12:54 a.m. May 11 for violating a court order of protection by being in the presence of the protected party -- he was allegedy found inside their vehicle during a traffic stop in the City of Batavia. Thagard was arraigned in Batavia City Court then put in jail on $2,500 cash bail or $5,000 bond or $10,000 partially secured bond.

Eladio A. Wattles, 23, of Hutchins Street, Batavia, was arrested at 5:10 p.m. May 16 and charged with second-degree criminal contempt. It is alleged that he violated an order of protection by sitting inside a vehicle with the protected party. He was arraigned in Batavia City Court then released under supervision of Genesee Justice. He is due back in court June 24.

Adam T. Shipwash, 41, of West Main Street, Batavia, was arrested at on May 19 on a warrant out of Batavia City Court and charged with petit larceny. It is alleged that at 9 p.m. April 8 Shipwash stole money from a person on West Main Street. He was arraigned in Batavia City Court then released on his own recognizance. He is due to return to court June 17.

Michael L. Jackson Jr., 40, of East Main Street, Batavia, was arrested at 1:36 p.m. on East Main Street and charged with petit larceny. It is alleged that Jackson stole merchandise from a grocery store and was still present in the store's parking lot when a Batavia police officer arrived. He was taken into custody without incident then released on an appearance ticket for May 25 in Batavia City Court.

As a vexillologist since childhood, Genesee County Planning Director Felipe Oltramari knows more than a thing or two about how flags should look.

He shared some of his knowledge on the study of flags earlier this week during a discussion with the county’s Ways & Means Committee about the progress of a public contest to find a replacement for the current Genesee County flag – a blue banner that features the county seal in the middle with the words Genesee County above and Founded 1802 below in block letters.

“One of the no-no’s for flags is never to put words on them,” Oltramari said, admitting the county flag has ruffled his feathers to a certain degree. “Flags are symbols, and they’re not supposed to say things. Especially when they’re flying … you really can’t read them so it makes no sense.”

Oltramari said he became hooked on flags since his elementary school days after seeing pictures of them on the inside cover of a dictionary.

“I’ve been a flag bearer all my life,” he said. “I memorized them and to this day, I’m very good. I like going to GCC, where all the flags are hanging … and I can name them all. It’s fun.”

He explained to the committee that the international and national vexillology associations took their name from the word vexillum, which is Latin for the flag-like object used as a military standard by units in the ancient Roman Army.

When the county embarked on a comprehensive plan update and the Genesee 2050 project associated with it, Oltramari took that as an opportunity to get citizens involved by holding a design contest to update the flag – with categories for adults and children.

Online voting on the five finalists in each division ended on April 30 – resulting in first-place designs pending approval by the legislature before results are released to the public. Oltramari said using the county seal on the new flag is allowed.

Should the designs receiving the most votes move forward (and that is uncertain at this point), Oltramari suggested drafting a commendation and making a presentation to the children’s category winner.

He also thought it would be proper to make the children’s flag the official county flag for a day and fly it outside.

“After that, it would be put in the Genesee County History Department as a display,” he said. “It would be an extra cost to have that flag printed but I thought it would be a nice gesture.”

According to a press release from the county about the flag contest, those who voted online have a chance to win free shelter reservations at DeWitt Recreation Area and the Genesee County Park & Forest for the upcoming season.

Voters were automatically entered into the drawing by voting for one of the flag designs and by filling out any of the Genesee 2050 surveys. The more surveys someone completed, the more chances that person had to win.

To see pictures of the five finalists in both categories, click on the Previously link.

Previously: Vote for a new Genesee County Flag -- one created by an adult AND one by a child

Batavia native Jeff Pero, in his position as general manager of Casella Waste Systems of New York’s Batavia Division, said he counts it a privilege to be able to support his community by offering free trash pickup at city parks and downtown.

“Being part of this community for 37 years, I’ve been given a lot and met a lot of great people, and I saw this as an opportunity for myself and Casella to give back in a small way,” said Pero, about the Rutland, Vt.-based company’s proposal to empty the trash at the city’s nine parks on a daily basis and throughout the downtown business district once a week.

Pero said he read that Batavia was going to a “take in, take out” policy and contacted City Manager Rachael Tabelski to extend Casella’s services at no charge.

“In my opinion, it takes time for the community to understand that new policy, so that’s kind of why I reached out to Rachael and the city,” he said. “Also, Casella is all about community involvement … and felt that this would be a nice gesture, and it’s a chance to let residents know that we are there for them.”

According to a memo dated May 17 from Acting Public Works Director Ray Tourt to Tabelski, in exchange for Casella servicing the parks on a daily basis and downtown on a weekly basis, the city would provide trash bags for the parks and allow Casella to repaint the trash cans in the parks and place a sign on the receptacles, stating “Serviced by Casella Waste.”

Tabelski, in turn, drafted a resolution that is on Monday night’s City Council Conference Meeting agenda that would forge a partnership between the city and Casella through Nov. 30, with the potential for two one-year renewal periods after that date.

Should City Council agree with the plan, the resolution would be forwarded to its next Business Meeting in June.

Pero sold his Trash Away business (that he owned with his brother) to Casella in September 2019, and in the process, accepted the general manager position for Casella’s Batavia Division. He said that seven trucks, operating out of an office on Apollo Drive, handle refuse collection in the division’s two counties – Genesee and Livingston.

Also, on Monday’s agenda:

• A draft resolution that would authorize using $70,000 from the appropriated parking lot reserve fund to pave the parking lots on Center Street, Lions Park (off Wallace Street) and Canale (west of 240 Ellicott St.).

The respective costs are $50,000, $12,500 and $7,200 for a total of $69,700.

In a memo to City Council dated May 15, Tabelski indicated that resurfacing of these lots is part of a strategic plan to maintain parking lot and sports surfaces. Paving of the Williams Park lot is scheduled for fiscal year 2022-23.

• Several event requests for this spring and summer, including:

-- Just Kings BBQ (May 29 at Williams Park);

-- Blue Pearl Yoga in the Park (June 1-Sept. 30 at Centennial Park);

-- GLOW OUT 5K run (June 10 at Centennial Park) and parade (June 12 at Batavia City Centre parking lot);

-- Home to Home Concert (July 3 at Jackson Square);

-- Genesee Symphony Orchestra 75th anniversary kickoff (July 17 at Austin Park).

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On another City of Batavia matter, the Planning & Development Committee this week recommended changing the zoning of a parcel at 211 E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to accommodate the demolition and subsequent construction of the GLOW YMCA/United Memorial Medical Center’s Healthy Living Campus.

PDC Chair Duane Preston said a letter was sent to City Council, which will vote on the zoning change at a future Business Meeting.

Council had referred the matter to the PDC for its opinion after receiving a request from the project manager to change the zoning so that it falls in line with the two other affected properties.

          Marc Cook

An Alabama resident was arrested Friday morning after members of the Local Drug Task Force searched his home and allegedly found brass knuckles, "kung fu stars,"* and two revolvers.

Marc C.J. Cook, 30, of Church Street, Alabama, is charged with five counts of criminal possession of a weapon, 3rd, and two counts of criminal possession of a firearm.

The task force obtained a search warrant based on an ongoing investigation of Cook into possession of illegal firearms.

Cook was also taken into custody on two warrants. One, out of the City of Batavia, was based on a charge of criminal use of drug paraphernalia, 2nd, and the other was a Family Court warrant on an alleged Family Court violation.

On the weapons charges and the city warrant, Cook was released under the supervision of Genesee Justice. On the Family Court warrant, Judge Charles Zambito, based on state guidelines, set bail at $100.

The task force was assisted by uniformed deputies, the State Police response team, and the District Attorney's Office.

*A shuriken (Japanese: 手裏剣; literally: "hidden hand blade") is a Japanese concealed weapon that was used as a hidden dagger or metsubushi to distract or misdirect. They are also known as throwing stars or ninja stars, although they were originally designed in many different shapes.

Help wanted.

If you’ve been driving around lately, no doubt you’ve been seeing those words plastered on signs on the windows of numerous businesses.

The perception that people aren’t entering the workforce because they are receiving extended unemployment checks is partly valid. But there are other reasons while business owners are pulling their collective hair out trying to find employees.

Theresa Van Son, (photo at right), director of the Genesee County Career Center (Job Development Bureau), indicated as much earlier this week as she reviewed her agency’s 2020 activity to the Genesee County Legislature’s Ways & Means Committee.

“I think that (enhanced unemployment benefits) are part of the issue,” she said, “but I think there are other things that are affecting it as well."

Two of those “things” are the parental need to take care of their children in a remote or hybrid school setting and the New York State Department of Labor being too busy to track if the unemployed are seeking work.

“If schools aren’t fully back again, those parents may not have those options (for childcare) so they may be wanting to stay on their unemployment,” she said. “Another piece of it is when you register for unemployment every week, you have to say that you’re ready, willing and able to work and that you’re doing job search activities. But, right now, the Department of Labor is focused on, still, processing all of those claims and nobody is checking that.”

Van Son said she expects job seeking to “kick into high gear in September when everybody is scrambling to find a job and they don’t have that extra money (when federal unemployment insurance runs out).”

“And we’re prepared for that. We’re doing everything we can to assist local businesses who are looking to find job seekers. You see the (help wanted) signs everywhere. The outlook right now for businesses is that they will look at any candidate,” she offered.

She said that those out of work and receiving benefits are required to come to her office at the Eastown Plaza “to do employment activities and they’re not doing that right now.”

In looking back at 2020, Van Son said the COVID-19 pandemic is putting a huge dent in revenues.

Noting that Genesee County does not directly fund the services of the Job Development Bureau, she said she anticipates a funding shortfall of $70,000 this year compared to 2020. That mostly stems from lost income from the agency’s access contract with New York State Department of Education and its Working To Success program with the Genesee County Department of Social Services.

“It certainly has been a year of challenges and we are justly proud of the work the Job Development Bureau Team has accomplished during the unprecedented time …,” she reported. “We have modified programs, rearranged our space, and adapted plans and schedules multiple times, while adjusting to telework and a virtual environment.”

She said she has cut back on expenses wherever possible, with the plan to use $70,000 of reserves to offset the deficit. Currently, the agency’s cash on hand is about $92,000, she reported.

As far as staffing is concerned, Van Son said three of her five employees are “provisional” and another is of retirement age. She said she hopes all will be staying on for a while longer.

The news wasn’t all gloomy, however, she said, mentioning the cross-training of employees (no more specialized counselors for adult, youth and access) and the signing of a new five-year lease.

“Upgrades were negotiated to increase our building security,” she said. “We added a bathroom off the resource room, which will allow us to limit building traffic, we installed an emergency exit in the back of the building, and we have new carpeting.”

Van Son also said the department has met all contract requirements two months in advance, is “exceeding all of our benchmarks and performance measures” and is serving more citizens than ever.

Other highlights of her report are as follows:

• The agency financially supported 32 people enrolled in occupational training, providing $53,400 for tuition, books and other items. Sixteen more dislocated workers received nearly $35,000 using Trade Act Assistance, which has increased dramatically due to the closing of several local trade-affected businesses. And another 21 people received around $36,500 in work training subsidies as they embarked upon new jobs in the county.

• Thirty-seven youth in jobs at 25 local businesses and nonprofit agencies were subsidized with more than $56,000 in wages during the summer program. The agency began a work ethic awards process and 90 percent of participants received awards. Additionally, two youths were hired into ongoing unsubsidized employment at the end of the summer.

• Five job fairs were conducted, connect 130 job seekers to 56 employers that attended the fairs. Virtual job fairs, however, had to be cancelled due to a lack of registrations.

• The GLOW Workforce Development Area is receiving an increase in funding for this year from the Workforce Innovation and Opportunity Act Grant. It includes a 33-percent increase for dislocated workers, offsetting slight reductions in funds for adult services and youth services. This contract covers salary, fringe, equipment, and operational expenses for WIOA services, which make up 66 percent of the Career Center’s annual budget. 

• The Job Development Bureau was awarded a five-year contract with NYS Department of Education ACCES-VR to provide Assessment, Work Readiness Services, Job Development and Placement Services, and Work Experience Services. The contract is for a maximum of $102,100 per year. Van Son said referrals to the program have been low during COVID-19, resulting in the agency being $46,560 behind on planned revenue.

The Batavia Town Board on Wednesday night voted in favor of a resolution supporting the initial phase of a five-year plan to widen Route 98 (Oak Orchard Road) and possibly to construct a roundabout at the intersection of West Saile Drive, north of the New York State Thruway interchange.

The town has entered into a “federal aid local project agreement” with the state Department of Transportation – a contract that calls for 80 percent of the work to be paid through federal funding and the other 20 percent to be paid with town money.

Per the resolution, the town board authorized and approved the preliminary engineering phase of the project at a cost of $187,000, with $149,600 to be reimbursed by federal aid and $37,400 as the local share.

Town Engineer Steve Mountain indicated the municipality will handle at least 50 percent of the project design and engineering in an effort to keep some of the funding in the town’s coffers.

Mountain said he anticipates the work being completed in 2023.

In other action, the board:

• Approved a proposal from Western Regional Off-Track Betting Corp. to pay the town for additional property enhancements in connection with the Park Road Reconstruction Project scheduled for this fall.

The project, which will rehabilitate the road from Lewiston Road (Route 63) to Oak Street (Route 98), will improve traffic and aesthetics for those coming to Batavia Downs Gaming and its hotel, as well as other businesses in that section of the town/city.

In March, WROTB directors passed a resolution in favor of payment to the town of up to $395,000 for the installation of sidewalks, a promenade, tree-lined area, street and parking lot lighting, landscaping, road work, valet improvements and infrastructure.

Major work to be contracted out by the town includes new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road; pavement overlay and sidewalks on one side of the road from Richmond Avenue to Route 98, and new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Requests for bids for the state-funded venture are expected to go out in August.

• Passed a local law establishing a Town of Batavia Remote Work Policy following a public hearing on the matter (at which no one from the community spoke).

“We’re committed to working remotely as a majority of our staff has been doing that, so we just needed to consolidate what we propose and advise to make sure that everyone is doing what is appropriate,” Supervisor Gregory Post said.

Filed the with the Department of State, the document outlines guidelines, terms and conditions for town employees who work from a location other than our offices and provides an agreement between remote work employees and their department head.

Sections of the policy include eligibility (getting prior approval, subject to a list of stipulations); work expectations; schedule; equipment (computer, software, cell phones), and insurance/compensation/benefits.

• Agreed to the issuance of serial bonds not to exceed $500,000 to purchase a jet/vacuum truck for the highway, water and sewer departments. The expense would be added to the town budget, potentially to be part of the tax levy.

Anyone who has followed Genesee County government proceedings over the past 14 months is aware that the municipality has been focused on limiting the negative effects of the COVID-19 pandemic on its economic and public health.

The county took numerous steps to mitigate the impact on its bottom line, including reducing contributions to outside agencies, freezing new hires, instituting furloughs and holding off on previously scheduled capital projects.

It also, through the health department, has kept a close eye on coronavirus positivity rates and has been diligent in the testing and (now) vaccinating of its residents.

As a result of these measures, county leaders have learned that the Office of the New York State Comptroller Thomas P. DiNapoli gave a passing grade to Genesee County’s strategic planning in an “Adequacy of 2021 Budgets” review released earlier this week.

The report’s “key finding” was that county officials adequately assessed the impact of the pandemic on financial operations while developing estimates for significant expenditures in the 2021 adopted budget.

Going forward, the review’s recommendation can be boiled down to “keep doing what you’ve been doing," as follows:

In consideration of the continually new and evolving impacts caused by the pandemic, County officials should carefully monitor their budgeted-to-actual revenues and expenditures and make amendments to the budget as needed throughout the year.

County Manager Matt Landers (photo at right), said he and his staff, in concert with the Genesee County Legislature, took a “commonsense approach” to preparing the 2021 budget – recognizing early that things were going to be much different as the coronavirus pandemic took hold and analyzing any and all data and information to make educated decisions.

“Genesee County put together the 2021 budget using honest, conservative and realistic estimates,” he said. “We are happy to see that the Comptroller’s Office agreed with our process, and agree that we must continue to monitor the actual results in 2021 as compared with our budget, which is something we do every year.

“The county took very conservative cost-cutting measures in 2020 leading up to the 2021 budget, including instituting a hiring freeze, furloughing county employees and putting off capital projects. These proactive 2020 moves put us into a better position to weather the difficult 2021 budget."

County Legislature Chair Rochelle Stein also said the conservative approach worked well in finalizing a $143,712,993 overall budget ($110,276,137 general budget) and reaching a property tax rate of $9.80 per thousand of assessed value – 31 cents less than the 2020 tax rate. About $2.4 million was appropriated from the county’s fund balance to balance the budget.

“The strategy that Matt and the legislature employed was one of very clear, concise and transparent communication,” Stein said. “Matt has provided to the legislature, in his reports and updates during that budget process, every piece of information that we could glean from the New York State Association of Counties, Office of the State Comptroller, daily conversations that the governor held – every place that we could possibly pull information from – along with all of our department heads and outside agencies.”

Stein said she is “proud” of the job that Landers, his team, department heads and outside agencies did in putting the budget together “because we used the best information that we could possibly have at that time.”

Landers said the county continues to face challenges as it deals with circumstances and situations coming out of the pandemic.

“We are bracing for additional state budget cost shifts as we work on Phase 3 Water Project to ensure water supply keeps up with demand and as we seek to fund the new county jail,” he said.

The Office of the Comptroller selected 20 municipal governments in New York for budget reviews, noting it sought to understand how municipalities worked through difficult times and understanding that the pandemic affected local governments at different levels.

Click here to read the full review.

Calling it “a huge collaborative effort,” the executive director of the Batavia Downtown Business Improvement District said she is proud to announce that the agency has put up new banners on the light poles on Main Street and a couple of side streets.

Beth Kemp today said 111 banners were attached to the poles last week by City of Batavia Department of Public Works crews.

“Our design committee has been working probably over a year now on updating the banner designs that you’ll see throughout the Downtown,” she said. “So, this is the finalized design that we got approved at the board level. We had them printed locally, at Hodgins Printing, and just put up by DPW.”

Purchasing updated banners for the summer – and also banners and decorations for the holidays – was part of the BID’s plan to utilize some of its capital funds.

“It was a huge collaborative effort and I’m glad to see the design come to fruition and then the banners be up in the community,” Kemp added.

On another front, she said that the BID is negotiating with Empire Access on making Wi-Fi accessible Downtown.

“We changed companies from Spectrum to Empire Access, and we’re hoping by the end of the summer to have Wi-Fi Downtown,” she said. “After that is activated, we will be looking at a speaker system that best aligns with the network to provide music.”

As previously reported on The Batavian, other projects planned for this year include snowflakes to go on light poles that are showing their age, hanging baskets and flowers for baskets, and fall decorations, such as cornstalks, pumpkins and hay bales.

Photo: New banners that feature a picture of downtown Batavia with the wording EST. 1997 BATAVIA DOWNTOWN. Photo by Howard Owens.

Terry Eugene Gamble Jr., 25, of Onslow Drive, Columbus, Ohio, is charged with: criminal possession of stolen property in the fourth degree -- a vehicle (except a motorcycle); criminal use of drug paraphernalia in the second degree; operation of a motor vehicle by an unlicensed driver; criminal possession of a weapon in the third degree -- an ammunition feeding device. On May 18, Gamble was arrested on the charges. It is alleged that on South Main Street in Elba at 3:18 p.m. on May 12 that he operated a vehicle stolen out of Columbus, Ohio, and possessed a .556 magazine capable of holding more than 10 rounds. He was arraigned virtually in Elba Town Court and jailed with $5,000 cash bail or $10,000 bond. Gamble is due in Genesee County Court on June 9. A passenger in the vehicle, Abralee D. Maynard (no age or address provided) was also arrested for criminal possession of stolen property in the fourth degree -- a vehicle (except a motorcycle). Maynard was released with appearance tickets and is due in Elba Town Court on June 2.

Patrick Lyn Waite, 53, of Alexander Road, Alexander, is charged with disorderly conduct. At 11:51 p.m. on May 19, Genesee County Sheriff's deputies responded to 9746 Alexander Road in Alexander for a complaint of loud music. Following an investigation, Waite was arrested. It is alleged that he intentionally caused public inconvenience and annoyance by playing loud music after several phone call complaints from nearby residents were made to the county dispatch center. He was issued an appearance ticket and is due in Alexander Town Court on June 8. Deputy Zachary Hoy handled by case, assisted by Deputy David Moore.

Kyle John Gugel, 35, of Genesee Street, Le Roy, is charged with driving while intoxicated and refusal to take a breath test. At 1:52 a.m. on May 18, Genesee County Sheriff's deputies conducted a traffic stop on Clinton Street Road in the Town of Stafford for a vehicle speeding over 55 mph. Gugel was subsequently arrested and issued appearance tickets to be in Town of Stafford Court June 1. Deputy Zachary Hoy handled by case, assisted by Deputy Nicholas Chamoun.

After years of high-level involvement in the fire and emergency services fields and months of overseeing testing and vaccination clinics to earn the unofficial title as Genesee County “COVID czar,” William Schutt has decided to take on a new challenge as the executive director of the Genesee County Youth Bureau.

And county legislators and management are supporting his decision by wholeheartedly endorsing him for the job at Wednesday’s Ways & Means Committee meeting at the Old County Courthouse.

The deputy coordinator of Genesee County Emergency Management Services since August 2015, Schutt has been selected by an interview committee to replace Jocelyn Sikorski at the youth bureau, effective June 20.

Sikorski resigned in January when she accepted the executive director position at Cornell Cooperative Extension of Genesee County.

Schutt said he’s looking forward to applying his experience and talents to programs and events geared toward boosting young people.

“I’m always looking for a challenge and I really enjoy being involved in the community – trying to make a difference and pay it forward – and doing something that will make the community better in the future,” Schutt said. “So, when the position came out -- I knew the previous director -- I took a look at it. It just kind of stuck out with how I was feeling about things at the current time.”

Schutt, a Basom resident, said he talked to Sikorski about the position and her comments piqued his interest in taking a closer look.

“It may seem like it’s quite a bit different but it still involves helping people, just in a different format than doing it as a first responder,” he said. “I am used to working on a variety of projects with a variety of things going on, and obviously, as a first responder, the spur of the moment stuff, and I think all of that transfers over very well.”

Before joining the county workforce on a full-time basis in August 2015, Schutt held a per diem position as deputy fire coordinator for about five years – assisting local fire and EMS agencies through the county’s Emergency Management office.

A longtime assistant fire chief for the Town of Alabama, Schutt was the general manager for Mercy Flight Inc. Mercy EMS, based in Batavia, from 2013-2015.

Genesee County Manager Matt Landers said that Schutt has distinguished himself throughout his career.

“He is a familiar face to everyone – our quote, unquote COVID czar, who has been instrumental in our testing and vaccination efforts,” Landers said. “The interview committee is pleased to be recommending Bill for this position. I think his passion and organizational skills are well-suited for the youth bureau and the direction we want to take that department going forward.”

The interview committee was comprised of Legislator John Deleo and several members of the Youth Advisory Board.

Deleo, speaking to Schutt who was at the meeting, said he could see from the interview that Schutt is up to the task at hand.

“You seem to be a person that takes something and develops it. So, I’m very pleased to have you on board to take on this challenge,” he said. “With your background and everything, I think we’re going to win this. It’s kind of bittersweet though because we lose (you) from the other (Emergency Management department).”

Legislature Chair Rochelle Stein commended Schutt for displaying leadership “under chaotic situations,” referring to the coronavirus testing and vaccine clinics.

“What you’ve demonstrated already on behalf of the community here in Genesee County, I just look forward for even more to come,” she said.

Schutt said he is confident that he will be able to make a smooth transition, especially considering that he has had interactions with current youth bureau employees -- Chelsea Elliott (Youth Court and Safe Harbour coordinator) and Chelsea Green (program assistant).

He said he was getting up to speed on the county’s involvement with Safe Harbour, a state-funded program that supports services to youth who have been trafficked, exploited or are at risk, and already was familiar with other programs, such as Genesee Youth Lead and Youth Court.

A native of West Seneca, he said he participated in local town youth recreation programs growing up.

“I also was a Boy Scout and my son was a Boy Scout, and were involved in sports with the kids,” he said.

Schutt and his wife, Shelly, have a grown son and daughter, and two grandchildren.

A formal vote on his appointment by the full legislature is expected to take place next Wednesday. The position carries a $61,000 annual salary.

Previously: County youth bureau's Safe Harbour program tackles problem of human trafficking

The Genesee County Legislature’s Ways & Means Committee this afternoon approved a $50,000 increase in the county’s sponsorship of Genesee Community College – raising the amount for 2021-22 to more than $2.6 million – and set a public hearing on the two-year college’s $37.4 million budget for 5:30 p.m. June 9 at the Old County Courthouse.

GCC President James Sunser reported that the budget, which takes effect on Sept. 1, is $700,000 less than the current year spending plan, attributing the decrease in cost savings due to a five-step plan that was put into place in March 2020.

Aid from New York State will decline as well based on the formula provided to the college, Sunser said.

“It goes down to $9,736,511 based on 98 percent of prior year actual,” he said. “The college is also asking the county to consider a $50,000 increase in their … contribution. That increase in sponsorship would bring the county to $2,686,374 or 7.2 percent of the total budget.”

Sunser said the budget calls for a $100 per semester tuition increase for full-time students, $5 per credit hour increase for part-time students and $1 per credit hour for Accelerated College Entrance students.

He also noted that the college’s charge-back rate to counties outside of Genesee would decrease.

“The increase in the county’s sponsorship helps us to minimize that reduction by a bit – so that does have an effect on charges to other counties as well,” he said, adding that the college makes about $500,000 in other income (prior year recoveries, investments, etc.) but will be using almost $1.9 million in reserves to balance its budget.

Concerning the use of available funds, Sunser said the objective “would be to get that down to zero usage throughout the year through a combination of things like salary savings, better than anticipated contract costs, utility bills – things of that nature.”

Legislature Chair Rochelle Stein asked if money from the American Rescue Plan was available for colleges.

Sunser replied that up to $2 million could be heading to GCC, but half of that would go directly to students and the other half would be for COVID-19-related expenses going forward.

If the college does get that federal funding, Sunser said it would be used for Zoom videoconferencing technology in all classrooms and maintenance projects at the campus.

“We would be outfitting all of our classrooms so that we can do Zoom technology to and from – not only to people’s homes but to the other six campus centers as well,” he said.

Sunser pointed out that GCC has reduced its budget by $4 million over the last two years and is down about 34 full-time positions “through a combination of voluntary retirements, natural turnover and then some folks that we had to retrench to make the budget work.”

In the end, Stein said she was on board with the additional $50,000.

“All of our costs are going up, regardless of what we do,” she said. “If we continue to short or say no, someday we’re going to have to pay the piper. And I know when we came on the legislature, it was a $250,000 jump in one year, and that was really difficult.

"So, understanding the costs going forward and the fact that they reduced their budget to the amount that they have, meeting in the middle is a good place for us to be here in Genesee.”

Upon approval by the full legislature following the public hearing, the sponsorship of $2,686,374 for the 2021-22 fiscal year would be included in the county tax levy for 2021.

Former Coroner Compensated

In other action, the committee supported “discretionary compensation” in the amount of $1,369 to former Genesee County Coroner Jeff McIntire for time spent on the job following the airplane crash in October 2020 in the Town of Pembroke that claimed the lives of attorneys Steven Barnes and Elizabeth Barnes.

Previously, the legislature passed a local law giving them authority to provide additional compensation in catastrophic events.

County Manager Matt Landers said that McIntire, who since has relocated to Florida, lost about 80 full-time employment hours while taking part in the long investigation of the crash,

Previously: Genesee Community College eliminates six, doesn't renew seven full-time positions

Rayzor and Frankie are back in action after undergoing surgery and encountering medical issues, respectively.

The stars of the Genesee County Sheriff’s Office K-9 unit have suffered injury and illness in recent months, with Rayzor tearing the anterior cruciate ligament in his back left leg last November and Frankie having a tooth removed after fracturing it last December.

Rayzor, who is handled by Deputy Jim Stack, was out of action for about four and a half months after undergoing surgery at the Hudson Highland Veterinary Specialty Group facility in the Dutchess County Village of Fishkill.

That was followed by eight weeks of confinement and sedation as Stack had to carry the dog outside so he could go to the bathroom.

“After that, Rayzor (a 2-year-old Belgian Malinois/German Shepherd mix) had to go through intense physical therapy at Pine Woods Animal Hospital Rehabilitation Center in North Tonawanda,” said Stack, who has been working with the pup since March 2020.

Stack credited Paul McNamara, veterinary surgeon at Hudson Highlands, for opening his schedule to get the dog into surgery. He also thanked veterinarians Aubri Matroniano and Stephanie Ortel of Pine Woods and Lindsay Edwards, Rayzor’s regular vet, from the Corfu Veterinary Clinic.

Frankie, age 4½, is a Belgian Malinois that was assigned to Deputy Andrew Mullen in September 2020. After having the tooth removed, he got an infection and was sidelined for a couple weeks.

Undersheriff Brad Mazur said the department is fortunate to have the K-9 unit back on the job.

“It looks like we’ve gotten through it. It’s just one of the things that happen with a canine, with the medication and stuff.”

On Monday, Mazur spoke at the Genesee County Legislature’s Public Service Committee meeting and requested a $5,000 allocation from the K-9 Donation Reserve Account to cover Rayzor’s physical therapy and medications and Frankie’s veterinarian evaluations and medications.

The committee approved it and the resolution has been forwarded to today's Ways & Means Committee meeting and, upon further approval, to the full legislature for final voting.

“We have been very fortunate over the years with donations from the public which has enabled us to provide for our K-9s and maintain the program,” Mazur said.

In other action, the committee voted in favor of resolutions providing additional sheriff deputy services at Six Flags Darien Lake and Batavia Downs Gaming.

Mazur said Six Flags Darien Lake officials have requested weekend patrols during May and June and daily patrols during July and August. He also said he is anticipating deputies working concerts at the park this summer.

At Batavia Downs Gaming on Park Road, deputies would handle traffic control and offer other assistance during the summer concert series shows. He said the contract with Western Regional Off-Track Betting Corp., parent company of the casino, calls for eight deputies per event.

The committee voted to renew the agreement with Darien Lake through May 31, 2022, which also is the ending date of a one-year pact with Batavia Downs Gaming. The resolutions reflecting Public Service Committee approval will be forwarded to the full legislature for final voting.

Genesee County has appropriated $191,112 for overtime/additional police services for these contracts to be offset by revenue billed back to Six Flags and Batavia Downs Gaming for these services.

Also, the committee approved:

• The acceptance of easements from the Town of Batavia around the perimeter of the DeWitt Recreation Area and behind the Spectrum office on Cedar Street – small properties that had been assigned to the town during the development of Ellicott Trail.

Currently, the county’s parks department maintains these easements through an agreement with the town.

• Contracts with Cold Spring Construction Corp. of Akron for $967,856.50 and Erdman Anthony of Rochester for $136,000 to construct and consult on, respectively, the Hundredmark Road Bridge replacement project in the Town of Elba.

Highway Superintendent Tim Hens said Cold Spring’s bid was $100,000 less than engineers’ estimates.

The capital project is expected to be funded by federal aid (80 percent) and the county (20 percent), with the county’s share coming from its 1 percent sales tax revenue.

• A supplemental agreement with Barton & Loguidice of Syracuse for construction inspection and administrative services connect to the replacement of the Pratt Road Bridge over the Tonawanda Creek in the Town of Batavia. The additional expense is not to exceed $31,259.

Hens said construction has been completed but this action was necessary before the project could be closed out.

• The appointment of Batavia businessman Eric Biscaro to the Genesee County Planning Board, a volunteer position, effective June 1, 2021 through May 31, 2024.

Photo: Deputy Andrew Mullen and Frankie, left, and Deputy Jim Stack and Rayzor in front of the Genesee County Sheriff's Office this afternoon. Photo by Mike Pettinella.

Alexander

• Budget, passed 248-161
• Proposition #2, bus purchases, passed 289-118
• Proposition #3, reserve fund, passed 292-117
• Proposition #4, reserve fund, passed 280-125
• Proposition #5, school bus reserve fund, 278-126
• Board election: One five-year term, Lindsay Bessey, 305; Josselyn Borowiec, 91.

Batavia

• Budget, passed 490-104
• Energy performance contract, passed 480-115
• Student ex-officio, non-voting board member, passed 558-38
• School board, vote for three: John Reigle, 471; Brenda Good, 448, Jennifer Lendvay, 461; Shawna Murphy, 284.

Byron-Bergen

• Budget, passed 242-69
• Proposition #2, bus purchase, passed 240-145
• School board election: William Forsyth, 291; Debra List, 261.

Elba

• Budget, passed 105-27
• Proposition #2, capital reserve fund, passed 103-29
• Proposition #3, bus purchase, passed 108-24
• Board election, elect one: Michael Hare, 118.

Le Roy

• Budget, passed 396-124
• Proposition #2, bus and vehicle purchase, passed 122-93
• Proposition #3, library budget, passed 425-93
• School board election, vote for three: Lucas Weaver, 391; William Mackenzie, 390; Christine Dowell, 305; Darcy Porter, 197.
• Library trustee election: Mary Young-Murray, 482.

Oakfield-Alabama

• Budget, passed 282-58
• Proposition #2, reserve fund, passed 271-61
• School board election, vote for two: Maria Thompson, 249; Jeff Hyde, 146; Lorna Klotzbach, 140; Timothy Edgeton, 104.

Pavilion

• Budget, passed 169-23
• School board election, Jeff Finch, 149.

Pembroke

• Budget, passed 236-76
• Proposition #2, bus purchases, passed 238-73
• Proposition #3, capital project, passed 238-73
• School board election, one vacancy, no candidates. Dan Lang received 25 write-in votes but is declining the seat. The Board of Trustees will appoint a person to fill the vacancy until the next election.
• Corfu Public Library, Jason Long and Patrick Weissend were elected.

The Genesee County Emergency Services Task Force on Monday night took another step on the road to a countywide “reliable, capable and professional” fire and emergency response strategy by interacting with project managers of the Municipal Resources Inc., a consulting firm headquartered in Plymouth, N.H.

Emergency Services Coordinator Tim Yaeger reported on the Zoom call with MRI representatives Brian Duggan and Peter Finley Jr.

Duggan is director of Fire EMS & Emergency Management Services, and Peter Finley Jr. is senior associate for Fire EMS & Emergency Management Services.

“Our initial work is to get a lot of data sets to them – demographics of the county, the number of fire calls, number of EMS calls – as they want to be familiar with us before they come to Genesee County,” Yaeger said. “Then we want to get information out to the fire companies and to the general public about why this study is being done.”

The Genesee County Legislature is on board with allocating up to $101,675 to fund MRI’s study of the emergency response situation in the county and to develop a plan to ensure that all areas have enough staffing to meet the public’s needs and expectations.

“The end goal is to have a reliable, capable and professional emergency services response,” Yaeger said. “It’s a countywide problem and we need a countywide solution or solutions. Right now, we’re all over the board; some days we’re reliable and some we’re not.”

Yaeger said the MRI managers plan to make at least four trips to Genesee County for meetings, with the first one expected to take place at the end of July. He added that media briefings with the consultants will be slotted into their visits.

He also said surveys are being developed as the task force wishes to receive feedback from “anyone who has a vested interest in public safety.”

Calls to Duggan for comment on MRI’s framework and timeline for implementing change were not returned at the time of the posting of this story.

Previously: Yaeger: Paying 'volunteers' is an option as county seeks outside help to solve emergency response woes.

A fully involved garage fire is reported at 202 Liberty St., Batavia.

City fire on scene.

UPDATE May 19, 1:45 p.m.:  Press release from City Fire.

At 8:11 pm on May 18, 2021 the City of Batavia Fire Department was dispatched to a reported garage on fire located at 202 Liberty Street. First arriving units were on-scene at 8:15 pm.

Upon arrival, firefighters found a fully involved garage fire with direct flame impingement upon the adjacent home. Responding crews made an aggressive exterior attack on the garage and a concurrent interior attack containing and extinguishing the fire to a single room on the second floor. The situation was call under control by on-scene fire command at 8:39 pm.

The home was occupied with three residents and one pet that were able to self-escape prior to the fire department’s arrival. Due to the intensity of the fire, the home received significant smoke, heat and water damage. 

At this time the City of Batavia’s Fire Investigation Team are investigating the fire to determine the origin and cause. 

City Fire was assisted at the scene by the City of Batavia Police Department, Bureau of Inspection along with Elba and Alexander Fire Departments. Additional assistance was provided by the Town of Batavia Fire Department, Mercy EMS and Genesee County Emergency Dispatch.

All City Fire Department units were back in service at 10:58 pm.

At the Bonduelle USA Inc. plant on Stevens Street in Oakfield, the produce of local farmers is processed and shipped frozen in totes weighing 1,500 pounds to cold storages throughout the nation.

While making sure Americans get their vegetables is the worldwide company’s primary focus, embracing the concept of “corporate social responsibility” also plays a vital part in Bonduelle’s philosophy.

That’s where the company’s beekeeping project, which has been restarted after being placed on hold due to COVID-19, comes in.

Steve Buerman, Bonduelle’s New York State Regional Engineer, initiated the program – building it on his experiences growing up on an apple farm in Wayne County that featured 35 beehives.

“Honeybees are critical for the pollination of more than 100 varieties of fruits and vegetables in the United States, creating an agricultural value of 20 billion dollars annually,” he said. “We identified that honeybees could use our help and the beekeeping project was started.”

Buerman said about 15 plant employees are working with the bees, which currently populate two hives, with about 20,000 bees – the queen, of course, along with worker bees and drones – in each hive.

“This is being done for educational purposes,” said Pascal Leduc, director of U.S. Operations. “Our company has a strong vested interest in the environment and the communities in which serve. Employees are encouraged to find ways to help the environment and develop action plans.”

Employees with backgrounds in horticulture and fruit farming, such as Buerman, are teaching others the basics of beekeeping – exposing them firsthand (while sufficiently protected) to honeybees – and encouraging them to start their own backyard beekeeping projects.

Plant Manager Eric Phelps said about 10 to 12 employees participated in 2019 and several started their own hives.

“Bees are vital,” he said. “We’re pleased to report that we’ve acquired two new swarms of bees and have installed them into their new hives. We expect the bees to be busy pollinating throughout the summer and, hopefully, making some honey, too.”

Buerman added that bees need “everyone’s help.”

“The advancement of monoculture agriculture, elimination of honeybee habitats and new pests and diseases have cut deeply into the bee population,” he advised. “Really, it’s a fun project which teaches people about bees and their importance. Our daily diet would be very boring without the fruits and vegetables that bees make possible.”

Bonduelle originated in France about 175 years ago and now has 56 plants around the globe, including 11 in the United States and nine in Canada. For more information, go to www.bonduelle.com.

Top photo: Bonduelle employees, upon receiving the nucleus colonies of bees, transfer the frames of honey, pollen, eggs and bees from the delivery boxes to their permanent hives.

Middle photo: Handlers gently puff smoke on the bees to keep them calm during the transfer.

Bottom photo: The transfer is complete, enabling workers to adjust the hive covers and install hive front feeders to provide the bees with food until they become settled in their hives.

Submitted photos.

The lawyer who coordinates the Assigned Counsel Department for Genesee County said she believes that virtual court appearances will continue in one form or another even as society pulls out of the grip of the COVID-19 pandemic.

Kristie DeFreze, (photo at right), an attorney with the Bonarigo & McCutcheon law firm in Batavia, made that observation this afternoon as she presented a review of the indigent legal services unit during the Genesee County Legislature’s Public Service Committee meeting.

“I think that, in some form, it is here to stay – at least in Family Court,” said DeFreze, noting that she see positives and negatives to conducting court proceedings remotely via Zoom or other type of videoconferencing. “For certain court appearances, they will keep it around.”

DeFreze said that virtual sessions seem to have cut down on court time and waiting time – as well as expenses – but have led to an increase in time spent communicating with clients and other parties.

County Attorney Kevin Earl agreed, stating that virtual meetings are good for routine appearances, such as traffic court cases, but “when it comes to hearing and trials, it’s very difficult to know ahead of time what exhibits you need, (which can lead to delays).”

The decision to continue remote proceedings rests with the administrative judge of the judicial district, she said. That position in this area – the 8^th Judicial District – currently is held by Paula L. Feroleto.

In reporting the makeup of the panel attorneys in Genesee County, DeFreze said that most of the lawyers practice outside of Genesee County.

On the criminal panel, nine of 13 are from outside the county; on the family panel, eight of 12 are from outside the county; and on the appeal panel, five of six are from outside the county.

When asked why this was, she said it is a matter of dollars and cents.

“We have a smaller pool here when compared to Erie and Monroe counties, plus the pay rate is very low,” she said.

While attorneys may normally charge $150 to $300 an hour for their services, they receive only $60 an hour for criminal cases, and $75 an hour for felony or family court cases in which they are called upon to step in for the county public defender’s office.

“We’re working to increase that rate … which would give local attorneys more incentive to get on the panel,” she said.

DeFreze said that referrals are up in family court from 117 in 2020 to 151 so far this year, and down in criminal court from 120 in 2020 to 110 this year. She pointed out that the time frame for the 2020 referrals was from Jan. 1 through June 15.

She reported that the assignment backlog due to COVID shutdowns has mostly caught up in family court because the court has been accepting filings and scheduling appearances for the second half of 2020 through the present. On the criminal side, she said there is a backlog because justice courts have just starting scheduling sessions on appearance tickets in the last month.

Going forward, DeFreze, who contracts with the county as the Assigned Counsel administrator, said she is looking into establishing an electronic voucher system for attorneys’ clock hours/reimbursement along with a resource office outside of the courthouse for lawyers to meet with clients and potential witnesses and have access to equipment such as a printer and scanner.

She said that additional expenses incurred would be paid out of a state grant specifically to enhance delivery of public defense services in four key areas: counsel at arraignment; caseload relief; initiatives to improve the quality of indigent defense; and eligibility standards for representation.

“I will work with the county attorney on the appropriate process for review and comment on these updates,” she reported. “This will allow us to ensure quality representation for our indigent defendants and family court parties, and more efficiently track the statistics required for annual reporting.”

The president of the Genesee County Agricultural Society said she is cautiously optimistic following today’s announcement from Gov. Andrew Cuomo that county fairs across New York State will be able to take place under six-foot social distancing guidelines.

“We don’t want to get ahead of ourselves as we continue to consult with County Manager Matt Landers and the health department” regarding what will be necessary for area residents to enjoy the Genesee County Fair this summer, Amanda Gallo said.

The fair is scheduled for July 24-31 at the county fairgrounds on East Main Street Road. It was cancelled last year due to the COVID-19 pandemic.

Gallo said tentative plans call for the organization to host the North American Classic Six-Horse Hitch Series on July 23-24 and the Empire Classic Youth Sheep Show on July 24.

The draft horse show is the biggest in the state (except for the New York State Fair) and the sheep show draws participants from throughout Western New York. The open beef and open swine shows are set for July 25, with Genesee County 4-H-only shows scheduled throughout the week.

Earlier this month, the Genesee County Legislature allocated $11,000 for 4-H judging expenses and 4-H premiums associated with the fair.

“We’re hoping to have all of our attractions and livestock shows this year,” Gallo said. “We will release more details as we get further guidance.”

Landers said he is “very happy” to know the fair will be held this year.

“I have enjoyed going to the fair many times and hope to take my kids to the demolition derby this year,” he said.

Gallo said the demolition derby is the feature event on July 30.

Fully Vaccinated Equals No Mask

In another development, Cuomo announced that New York will adopt the Center for Disease Control’s new indoor mask and social distancing guidelines effective this Wednesday.

The governor's statement came four days after the CDC ruled that fully vaccinated people could get rid of their masks indoors in most instances.

Masks reportedly continue to be necessary on public transit, in nursing homes, in homeless shelters, correctional facilities, schools and healthcare facilities across the state in accordance with the new federal guidelines, Cuomo said.

He added that those who have compromised immune systems or have yet to be vaccinated are required to wear masks and to socially distance.

Joseph David Ayer, 39, of Smith Street, Buffalo, and Maris Lynn Lenk, 32, of Nancy Place, Cheektowaga, are charged with second-degree burglary -- illegal entry into a dwelling; and fourth-degree grand larceny -- of property with a value greater that $1,000. Both defendants were arrested at 4:23 p.m. on River Road in Pavilion. It is alleged that Ayer and Lenk unlawfully entered a house by forcing the door open and then they stole items with a total value estimated at more than $1,000. They were virtually arraigned in Pavilion Town Court. Lenk was released on her own recognizance and is to appear in Genesee County Court June 3. Ayer was put in jail without bail and is due in county court June 9. Both cases were handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Jacob Gauthier.

Jessica Thomas-Heizyk, 33, was arrested at 3:28 p.m. May 10 on Davis Avenue in the City of Batavia. It is alleged that she threatened the victim with a screwdriver while in the presence of several juveniles. She was arraigned in Batavia City Court then released on her own recognizance. The defendant is due to reappear in city court June 17.

Kyle Samuel Barnhart, 30, of North Road, Le Roy, is a registered Level 2 sex offender charged with failure to register internet accounts as part of his conditions from a prior charge. He was issued an appearance ticket returnable to Le Roy Town Court on June 15. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Adam Altobelli, 40, was arrested on West Main Street in the city on a Batavia City Court bench warrant at 11:25 a.m. May 6, arraigned in city court, then released under supervision of Genesee Justice. He is charged with: criminal possession of a weapon in the fourth degree; endangering the welfare of a child; and second-degree menacing. Altobelli is due back in city court on June 17.

Thomas Tacito, 61, was arrested at 2:04 p.m. May 7 on a warrant for aggravated harassment and fourth-degree stalking. It is alleged that Tacito repeatedly called a person without having a legitimate purpose to do so and despite being advised to stop multiple times. He was arraigned in Batavia City Court via Skype and released on his own recognizance. Tacito is due to return to city court June 17.

Jonathan Golden, 34, was arrested at 10:35 a.m., May 10, on West Main Street in the city after turning himself in on an active arrest warrant out of Batavia City Court. It is alleged that while employed at a local car dealership, Golden took a vehicle and kept it for an extended period of time without the vehicle owners' knowledge or consent. He was arraigned in city court, then released on his own recognizance.

Playground equipment at Farrall Park (101-111 Otis St.) has been vandalized and Batavia PD has opened an investigation into the criminal activity after being contacted about it by The Batavian.

Last night, a reader emailed these photos to The Batavian to alert us to the vandalism. We contacted Sgt. Marc Lawrence and he said he wasn't aware of the incident.

After looking into it today, he he confirmed playground equipment was spray-painted but there had been no prior complaint or notification to Batavia PD of the vandalism. 

He said it appeared that the paint was relatively fresh, probably spray within the past couple of days.

He indicated there is no further information available on the case at this time.

Anybody with information that might assist in the investigation can contact Batavia PD at (585) 345-6350, the confidential tip line at (585) 345-6370

Reader-submitted photos.