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As is his style, City of Batavia Fire Chief Stefano Napolitano humbly took a bow Monday night as he prepares to move on to a New York State-level position next month, while giving all the credit for his success to his employees and thanking city management and staff for the opportunity to serve over the past four years.

“It has been amazing times and tough times, but through it all I was successful because of my team over there,” Napolitano said, pointing to the 10 firefighters who came to the City Council meeting in honor of their chief. “I’m just the guy that signs the payroll -- I point a little bit and throw an idea out -- but it’s the staff here in the City of Batavia Fire Department that makes everything happen.”

Napolitano quickly endeared himself to city leaders and residents after accepting the position in April 2017, relocating after a productive career as deputy fire chief for the Village of Herkimer.

City Council President Eugene Jankowski Jr. called Napolitano, a Queens native, a great leader and said he will be missed.

“Hopefully, we’ll be seeing you back and helping out in our area, and I wish you all the best,” Jankowski said.

City Manager Rachael Tabelski thanked Napolitano for his work.

“I’ve only had the pleasure of working with you for about two years, but they’ve been great years,” she said. “You really are a true leader to your staff – and everyone here is a testament (to that).”

LEAVING IS ‘VERY BITTERSWEET’

Moved by a standing ovation from all in attendance, Napolitano quickly deflected any credit away from himself.

“They (his staff) allowed me to come in here four years ago; didn’t know anything about me, a transplant from 175 miles away,” he said. “They immediately accepted me and it’s been a great partnership – relationship. I’m fortunate to say that I know pretty much all of their family members.”

Napolitano said the situation is “very bittersweet.”

“This job is an opportunity to serve more firefighters at the state level, but it’s very bittersweet leaving my new home,” he said.

On July 19, he begins his new job as deputy state fire administrator, working out of an office in a building on the State University of Albany campus. The state position is affiliated with the Division of Homeland Security and Emergency Services. His final day in Batavia is July 9.

He said he expects to do a fair amount of traveling in his new position and likely will be back at some point. He then thanked city management and staff.

“It’s been an absolute pleasure and honor, and I thank everyone.”

HERBERGER TO STEP IN

Tabelski then announced the appointment of Capt. Dan Herberger as interim fire chief – a position that Herberger held for 16 months before Napolitano was hired.

Herberger has climbed up the ranks, joining the department as a paramedic in 2002 before being promoted to firefighter in 2005, lieutenant in 2012 and captain in 2013.

Contacted this morning, Herberger said he’s prepared to take the reins on an interim basis, but is in an exploration stage as far as the permanent position is concerned.

“There were two other captains that were interested and we did a lot of talking amongst ourselves … so, at this point I’m really exploring – again – the position,” he said. “You know, a lot has changed with me in four years but a lot hasn’t changed with me in four years, with family situation and the like.”

He said he’s looking at the full-time chief position “very critically and taking all points of interest in.”

Married with three children, ages 17, 13 and 11, the Lancaster resident said he’s coming in to the interim role objectively and was willing to “take another crack at it.”

Speaking of the two other captains, Herberger, 47, said they decided to talk to Tabelski individually and let the process play out. He said no timetable has been set as far as when the permanent position is filled.

“We have some meetings coming up with Chief Napolitano during the transition, but we haven’t got into anything much past that,” he said. “I’m sure that eventually Rachael and I will sit down and discuss the details (of the chief’s position).”

Herberger said he has always desired to be a part of the community he serves, never wanting his place of residence to interfere with his responsibilities in Batavia.

KEY IS TREATING PEOPLE RIGHT

“I always try to treat people like they’re my neighbors,” he said. “Just because I live in Lancaster … I treat people like I want my mother to be treated, and that has always served me well and people accepted that.”

Napolitano said he backed Herberger, stating that he’s “a strong captain supported by a strong group. The city is very well served.”

And Herberger had nothing but good things to say about Napolitano.

“I always said that coming into a department from a different part of the state has to be difficult because you don’t know all of the inner workings … but he – I think it’s his personality – came in and really took the bull by the horns and made a conscious effort of forging relationships and putting the fire department in a positive light,” he said.

“He was open and honest with us, and even though we might not have agreed with him every time, we always appreciated that.”

Photo at top: Batavia Fire Chief Stefano Napolitano thanks city officials and staff for supporting him throughout his four-year tenure. Photo at bottom: Staff members, including Capt. Dan Herberger, second from right, attended the City Council meeting. Herberger has been appointed as interim fire chief. Photos by Mike Pettinella.

What may have started as a porch fire early Monday morning at 4225 Gilhooly Road, and was dispatched as a porch fire, turned out to be a fully involved house fire, said Alexander Fire Chief Marshall Merle.

The house was a total loss.

All occupants, at least four and maybe five people, Merle said, were out of the house and safe by the time fire crews arrived on scene.

There was no mention of any pets in the residence, Merle said.

No firefighters were injured during the incident. 

Merle said the fire started in the porch area. It's unclear if it started outside or inside the residence but investigators are leaning toward thinking it started inside, he said.  The cause is currently undetermined.

The American Red Cross is assisting the family. The Salvation Army responded to provide refreshments to the firefighters. Bethany's auxiliary also responded.

The biggest challenge in fighting the fire was water supply. Merle requested several tankers to the scene. Once on scene, firefighters were able to locate a pond on the property, which the fire department did not previously know about, and two engines were employed to pump water for fire suppression.

Responding to the fire were Alexander, Batavia, Bethany, Darien, East Pembroke, Stafford, and Pavilion. The City's Fast Team also responded. A crew from the Wyoming Correctional Facility assisted with scene cleanup.

Photos Courtesy Todd Rapp.

What’s going on with the “Rocket Car?”

City resident John Roach posed that question about the 1938 invention of former Batavia resident Charles D. Thomas to Batavia City Council members at their meeting Monday night.

The vehicle, with innovations such as a rearview periscope and independent suspension, is officially called the Thomas Rocket Car. It was designed by Thomas and put together by a friend and welder, Norman Richardson, in a rented garage near Main Street and Ellicott Avenue.

It has been in the hands of Dick McClurg of Old World Collision for more than five years. The plan is to have the car, once fully restored, placed on display somewhere in the city.

Council Member Robert Bialkowski said the car was in the Memorial Day parade – on a trailer hauled by McClurg.

“Ninety-nine and a half percent of the exterior body work is done, the headliners in the interior panels are done, and I think they are waiting now to get a windshield and some other odds and ends, and it will be complete,” Bialkowski said.

City Manager Rachael Tabelski reported that, pre-COVID, there was a meeting with the Chamber of Commerce; Howard Owens, publisher of The Batavian, and McClurg, “and there was still a bit of fundraising to do – the last few parts and pieces of it – and we have not established the permanent home or location.”

She said people want to move it around to different shows, so she isn’t sure if the City Centre would be suitable in that case.

Bialkowski spoke of the independent suspension and unique periscope in responding to Roach’s query.

“It had a periscope, because back then if anybody remembers the older cars they were torpedo shaped in the back – you couldn’t see anything backing up – so a slow periscope went up and you looked in a mirror and you could see where you were backing up,” he said.

He said auto companies weren’t ready for something like that and that the car was way ahead of its time.

The car was cut up into pieces and almost scrapped, he said, before finding its way to Old World Collision for restoration.

“People from all over the country that aren’t from around here seem to know about it,” Bialkowski added.

Previously: Thomas Rocket Car nearly restored but another $4k needed to complete project

Photo at top: Picture of the original Thomas Rocket Car.

There’s some serious stuff going on around Washington Avenue, Willow Street and State Street -- and at least one resident is imploring City Council to do something about it.

“I’m just here tonight because I’m concerned about the neighborhood,” said Lynne Geissler, (in photo at top), noting that she has lived at Washington and Willow for four years. “I understand that it’s a different neighborhood.”

Geissler, speaking during the public comments portion of tonight’s Conference Meeting at City Centre Council Board Room, mentioned the increase in “criminal action,” adding that it is “horrible” and is taking place at all hours of the night, causing her to lose sleep.

“There’s got to be some way that … I don’t know,” she said. “I was going to go to the police department to talk to the police chief but they’re not letting anybody in (or so she believed). So, I figured I’d come down here to talk, to see, because there’s a lot of things going on and it has to be taken care of.”

She brought up that she has health issues and understands that drugs and mental disorders are real problems.

“But when you’re having the police at your house 20 times in a four-day period, and our landlord can’t do anything (and) we as tenants can’t do anything,” she said. “There’s got to be some way – CPS (Child Protective Services), there’s mental health, everybody’s involved but nothing’s getting fixed.”

Jankowski advised her to talk with Police Chief Shawn Heubusch directly after the meeting and set up an appointment.

Council Member Kathleen Briggs said that she has received calls from people living on State Street “and they’re telling me that they do call police and police are responding.”

“I also told them that they should contact their landlords and they said the landlords aren’t doing anything,” she added. “Police are doing what they can but don’t you think we have to hold these landlords accountable?”

It was mentioned that these instigators should be evicted, but current laws against eviction have tied landlords’ hands.

Geissler said her landlord is sympathetic but indicated that “if he went to evict someone right now – if it was one of his houses – it would be nine to 12 months before that person would be out.”

Afterward, Heubusch acknowledged that officers are dealing with "some serious things" and, without getting into details, said that investigations are ongoing.

“We will look into this further,” he said.

BOYD RESUMES DISC GOLF PITCH

Last month, city resident Phillip Boyd came to a City Council meeting to promote the placement of a disc golf course at a city park.

He reappeared tonight, flanked by six other disc golf enthusiasts, and said he has mapped out a course that would take up about two-thirds of Centennial Park, the 14-acre natural setting located in the north-central part of the city.

Boyd said he also has prices for how much sponsorship would cost.

“Now, I’m just looking for it to be actually brought up as an agenda item,” he said.

With that, City Council President Eugene Jankowski advised him to turn all his documents over to City Manager Rachael Tabelski and work with her going forward.

Two of his friends, Doug Forsyth and Louis Ortiz, also went up to the podium, speaking briefly while indicating that they backed Boyd’s efforts.

Forsyth said he heard about the matter from reading The Batavian and wanted to let Council know that his group has secured some funding for the initiative.

Tabelski said Centennial Park is the preferred location. She added that she will review Boyd’s proposal with department heads with the expectation of providing a recommendation to Council at the July 12 meeting.

In legislative matters, Council approved:

• A resolution to apply for a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main, and another setting a public hearing on the matter for 7 p.m. July 12. Tabelski said she thinks the grant, if received, could fund up to 90 percent of the project cost.

• A resolution to award V.J. Gautieri Constructors $18,800 from the city’s Revolving Loan Fund Grant to help replace sidewalks at the Ellicott Place project at 45-47 Ellicott St. (Save-A-Lot building).

The Sheriff's Office is seeking the public's assistance in identifying a person or people who defaced public property in the Genesee County Park in the Town of Bethany.

The vandalism occurred between May 19 and May 20 at Pavilion "A" in the park, off of Raymond Road.

If anyone has information that can assist in the investigation, contact Investigator Ryan DeLong at (585) 345-3000, ext. 3572.

Genesee County’s director of mental health and community services apparently swung for the fences and hit a home run last week when she learned that the New York State Office of Mental Health approved the county’s application to participate in the Mobile Access Program with three law enforcement agencies.

The Mobile Access Program (MAP) is a pilot initiative that connects residents in distress with mental health clinicians utilizing iPads (via Zoom for Healthcare, a secure teleconferencing software program) when law enforcement officers request assistance.

Mental health staff then will conduct an evaluation remotely to help plan for an appropriate disposition.

“They (NYSOMH officials) really wanted one law enforcement agency but we kind of took a gamble and chose three. We asked for a lot,” said Lynda Battaglia, who heads up the county’s mental health department.

The three police departments that have agreed to partner with Genesee County are the Genesee County Sheriff’s Office, City of Batavia Police and Village of Le Roy Police.

Battaglia said heads of the three law enforcement agencies watched a webinar about the program and all expressed an interest in participating.

“I asked each police department to provide information specific to their line of work – how many devices they would need for each shift; bandwidth, accessibility in different areas; how many officers would need iPads and the number of calls related to mental health issues they receive,” Battaglia offered.

She then took that data and coupled it with mental health information and sent the application to the NYSOMH. Not only was Genesee County approved, but requests from all other counties as well.

“We received notice that since there was such a great response … they were able to accommodate all the applicants,” she noted.

Calling it a “telehealth program,” Battaglia said the state will give iPads to all three police departments and to the mental health clinic. The state also will provide training and support services.

She said that the objective is to increase accessibility to those having mental health issues and cut down the time it takes to deliver essential mental health consultations.

“Let’s say police receive a call to go out and talk with somebody – and it’s a mental health call,” she said. “One of the goals is to decrease unnecessary transport to the hospital, under Mental Health Law 9.41.”

Mental Health Law Section 9.41 give powers to peace officers and police officers to admit individuals in emergency situations for immediate observation, care, and treatment.

Battaglia explained that if an officer is interacting with someone who doesn’t need to be transported to a hospital (or to jail), they will ask that person if they wish to have a telehealth emergency visit with the mental health person on call.

“There will be arrangements made to have the officer connect with his or her iPad with our on-call person with their iPad, and the mental health person will conduct a telehealth session with that individual in crisis,” she said.

She did acknowledge that the program won’t work in all cases, specifically if someone is under the influence of alcohol or substances – “for clinical reasons you won’t get an accurate assessment,” she said – or if a person is extremely agitated or at very high risk.

“We’re hoping to have it where the mental health professionals make that determination (which is allowed under MHL Section 9.45 -- emergency admissions for immediate observation, care, and treatment under the authority of directors of community services or authorized designees).

Genesee County Sheriff William Sheron reported that mental health calls continue to increase.

“I would say we average at least one a day – and some days, more than others,” he said. “That’s why it’s important to get the proper treatment to these individuals in a timely fashion, and reduce the amount of police involvement in the process.”

Sheron said law enforcement is “working hand-in-hand with mental health to more directly address the needs of people who have mental health crises.”

“This will expedite that. It may not be appropriate for all cases, but I think for the majority of them, it will be very beneficial. The last thing we want to do is having law enforcement take some kind of criminal action against somebody when they really need the services of mental health professionals.”

Battaglia said she expects it to take a few months for state mental health officials to provide training and to implement the program. She said is hoping that this turns out to be a win-win situation for all.

“We have a crisis plan in place (contracting with SpectrumHealth for a mobile response team), and I think that it is a plan that has been OK. But, with this opportunity and moving into the future, we can make the crisis plan a little more connected,” she said.

“It will definitely prove how law enforcement and mental health officials can work together. It will build relationships. It will help the people in the community.”

James Timon Saddler III, 39, of University Street, Rochester, is charged with: second-degree assault -- with intent to injure with a weapon; criminal possession of a weapon in the third degree; second-degree harassment; and trespass. Following a call for service at a motel on West Main Street Road in Batavia, Saddler was arrested at 5:19 p.m. June 24. It is alleged that he got into a physical altercation and struck a victim with a tire iron and another victim with his fists. He was arraigned in Alabama Town Court and put in jail without bail. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Mathew Clor.

Ray Spencer-Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with first-degree criminal contempt; second-degree harassment; and second-degree assault -- causing injury to a victim age 65 or older. Following an incident in the early morning hours of June 26 in the Town of Alabama, Saile was arrested. It is alleged that he backhanded a person who had a stay away order of protection against him. Following arraignment in Alabama Town Court, Saile was released under supervision of Genesee Justice. He is due back in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy James Stack.

Jazmin Pellot, 38, is charged with second-degree harassment and obstructing governmental administration. She was arrested at 1:33 p.m. June 15 after an incident that occurred on North Spruce Street in the City of Batavia. It is alleged that she struck a victim in the face with a closed fist and that she interfered with officers and failed to comply with directives during an investigation. She was arraigned in Batavia City Court later that afternoon and then released on her own recognizance. She is due back in court July 22.

Thomas Tacito, 61, was arrested at 1:30 p.m. June 17 after he allegedly violated an order of protection issued to a victim on North Spruce Street in the City of Batavia. He is accused of going to the protected party's residence and knocking on their door. He was issued an appearance ticket for Batavia City Court and is due there at a later date (unspecified).

Thomas Tacito, 61, was arrested at 11:15 a.m. June 23 after an investigation into a neighbor dispute that occurred at 10 p.m. April 24 on North Spruce Street. A victim had all four tires slashed and several windows smashed out on their vehicle. Tacito is charged with third-degree criminal mischief. It is alleged that he caused more than $250 in damage to the vehicle. He was issued an appearance ticket to be in Batavia City Court July 6 and then released.

Liltesia Nefetiria Turner, 39, of Tracey Avenue, Batavia is charged with: fourth-degree grand larceny -- property with a value greater that $1,000; fourth-degree grand larceny -- credit card; and petit larceny. Turner was arrested June 22 for allegedly stealing a wallet belonging to another person at 11:15 p.m. June 21 at Batavia Downs Gaming, which contained several credit cards and more than $1,000 cash. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Mitchell Bates, 29, is charged with: aggravated driving while intoxicated -- with a BAC of .18 percent or more DWI; and failure to keep right. Bates was arrested at 10:06 p.m. June 19 on Ellicott Street. The charges stem from a motor-vehicle accident in which Bates allegedly drove into oncoming traffic and struck another vehicle head on. He was processed at Batavia Police Headquarters and released on tickets returnable to Batavia City Court on Sept. 21.

Trevor M. Rich, 40, is charged with: criminal possession of a controlled substance in the seventh degree; driving while intoxicated; aggravated DWI; and failure to keep right. Rich was arrested on June 18 after an investigation of a motor-vehicle accident that occurred at 6:10 p.m. Feb. 25 on East Main Street in Batavia. It is alleged that he was driving under the influence of alcohol and that he possessed cocaine at the time. He was issued an appearance ticket for June 29 in Batavia City Court.

Jamie Dutton, 28, was arrested June 26 and charged with criminal mischief and criminal trespass. It is alleged that at about 5:45 p.m. Feb. 27 that Dutton entered a residence on Harvester Avenue unlawfully and damaged windows in the the process. The defendant is due in Batavia City Court on July 6.

Bianca Tyson, 30, was arrested at 2:28 a.m. June 20 on Jefferson Avenue in Batavia after a traffic stop. It is alleged that she was operating her vehicle while intoxicated with a BAC or .08 percent or more. Tyson was issued an appearance ticket to be in Batavia City Court on July 20.

Jaylinn Oneil, 31, was arrested at 10:21 p.m. June 18 on Holland Avenue in Batavia and is charged with criminal mischief and resisting arrest following a disturbance. She was issued a ticket to appear in Batavia City Court on June 29.

Kaleb Bobzien, 23, was arrested on charges of: resisting arrest; obstruction of governmental administration, speed in zone; aggravated unlicensed operation in the third degree; and suspended registration. He was arrested June 14 at 3:37 p.m. on Alexander Road after allegedly failing to comply with Batavia police officers' commands to exit his vehicle after being advised that he was under arrest on a warrant out of Warsaw PD. He was issued an appearance ticket for June 22 in Batavia City Court, and traffic tickets, then turned over to Warsaw PD on the warrant.

Ashley Elizabeth Quintern, 32, of Miller Avenue, Batavia, is charged with petit larceny. At 5:57 p.m. June 23, Genesee County Sheriff's deputies were dispatched to Walmart on Veterans Memorial Drive in Batavia for a larceny complaint. It is alleged that Quintern stole merchandise belonging to Walmart. She was processed at GC Jail then released on an appearance ticket. She is due in Town of Batavia Court on July 26. The case was handled by Deputy Kyle Tower.

Mitchell Merrill, 35, was arrested on June 17 at 4:55 a.m. following an investigation of a larceny that occurred at 4:36 a.m. that day on East Avenue. It is alleged that Greene took property that did not belong to him without permission of the owner. He was released on an appearance ticket for court (date unspecified).

Marcella Greene, 36, was arrested June 22 for failure to appear in Batavia City Court on April 19; reason not specified. After being processed at Batavia Police Headquarters and arraigned in city court, she was released. Greene is due to return to court Aug. 5.

Nicole Casey, 33, of West Main Street, Batavia, turned herself into Batavia Police Headquarters at 10:45 a.m. June 21 after failing to appear in Batavia City Court as required by an appearance ticket. The original charge involved a shoplifting incident at a local business in Feburary of 2018. After arraignment in city court, Casey was directed to return to court on July 21.

Tim Kauffman, 52, was arrested on a warrant out of Batavia City Court on June 15. It was issued after he failed to appear in city court on May 13 as required. He was processed, arraigned and released on his own recognizance and is due to return to court at a later date (unspecified).

Pending the expected approval by her colleagues Monday night, Batavia City Council Member Rose Mary Christian will get her wish: A letter to New York State legislative leaders asking them to “revisit” the bail reform laws currently on the books.

At Council’s previous meeting on June 14, Christian expressed – in no uncertain terms – her dismay with recent legislation that limits the use of cash bail and pretrial detention.

“This law harms police, public safety and it’s up to the judges to eliminate these laws,” Christian said at the time. “These laws need to be changed and revised. I’m asking us to send a letter to the governor, state legislators and the judges to repeal this law.”

She was supported by Police Chief Shawn Heubusch and, after some discussion, by the other Council members, who came to a consensus to have City Manager Rachael Tabelski draft a letter to send to representatives in Albany.

Tabelski did just that, and presentation of the letter to Council is on tomorrow’s agenda of the Conference Meeting at 7 p.m. at City Centre Council Chambers. A Special Business Meeting will follow.

The letter from all nine Council members, addressed to Assembly Speaker Carl Heastie, Senate President Pro Tempore and Majority Leader Andrea Stewart-Cousins and Assembly Majority Leader Crystal Peoples Stokes, reads as follows:

“On behalf of the City of Batavia, we are very concerned about the recent impacts of bail reforms passed by the New York State Legislature. While well intentioned, these reforms are having serious consequences regarding public safety across New York State, including smaller urban areas such as Batavia. In fact, criminal elements from both Rochester and Buffalo have an even more visible presence in Batavia.

“If criminals know there are no consequences for their actions because they will be right back out on the street, then it is only logical that crime is going to increase. That is what is occurring across New York, including Batavia.

“We commend the Legislature’s efforts to roll back some of the original reforms that were passed last year, such as allowing judges to set bail for more criminal charges that had eliminated bail. We respectfully request that the Legislature consider adding more crimes in which judges have discretion to set bail, including restoring bail for any crime involving a gun.

“At the end of the day, judges should be able to determine whether a violent criminal poses a dangerous threat to the community and can be held without bail.

“As representatives of the residents and taxpayers of the City of Batavia, we respectfully request that in your significant role in leadership in the New York State Assembly (and Senate), that bail reform be revisited by the New York State Legislature in due haste.”

Copies are to be sent to Assemblyman Stephen Hawley, Senator Edward Rath, Assembly Minority Leader William Barclay and Senate Minority Leader Robert Ortt.

Also on the Conference Meeting agenda:

Tabelski will be forwarding a resolution to apply for a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main.

In a memo dated June 21, Tabelski wrote that work would entail replacing a 4-inch line from Ellicott to South Jackson on the western side of Jackson Street and a 6-inch line under the sidewalk between Watson and South Jackson on the west side of the road. A 6-inch line also runs from Central Avenue to Ellicott Street.

She wrote that the commercial section of Jackson, north of Ellicott, will be a separate project.

The project will include 58 service connections, 10 interconnections, installation of six fire hydrants and new valves at each interconnection plus two 8-inch line valves. It also will address elimination of lead water services if encountered, and set the stage for application of another grant for road rehabilitation, she wrote.

If approved, a public hearing will be scheduled for 7 p.m. July 12.

A high-ranking official of the local industrial development agency that owns the Western New York Science and Technology Advanced Manufacturing Park says Plug Power’s investment in the Town of Alabama site will more than offset the loss in revenue caused by removing about 1,100 acres of mostly farmland from the tax rolls.

That official, Mark Masse, is senior vice president of operations for the Genesee County Economic Development Center.

“I know that people get upset with farmland coming out of production but when you have projects like Plug Power that can give you a 10 to 25 times rate of return, that is a significant help – not only to the agricultural community but also your residents,” Masse said.

“We do not give money away. We do not give out bags of cash. That is what everybody seems to have a misconception about. We give an abatement, so they don’t pay the tax.”

Masse and Jim Krencik, the agency’s director of marketing and communications, sat down with The Batavian earlier this week at their Upstate Med & Tech Park office on R. Stephen Hawley Drive to talk about STAMP and the GCEDC’s other ventures.

According to Masse, the agency has acquired 25 parcels equating to 1,144 acres of STAMP’s total of 1,250 acres. He said the assessed value of those properties is about $3 million.

He said that based on 2020 tax rates, that comes to about $104,00 a year for all three taxing jurisdictions – the Town of Alabama, Oakfield-Alabama Central School and Genesee County.

“So, if you were to say that we owned all of those properties for the 10 years – which we didn’t, because we acquired them over time – so you couldn’t apply 10 years to all of them,” he said. “But if you did, that would just be about a million dollars in tax revenue lost over 10 years.”

‘A SIGNIFICANTLY BIGGER PAYBACK’

Masse said that pales in comparison to what Plug Power, the Latham-based producer of green hydrogen fuel cells, will be paying to those three entities as a result of agreeing to build a $232.7 million manufacturing plant and $53 million, 345/115 kilovolt electric power substation at STAMP.

“The Plug Power project will generate a significantly bigger payback than all of those combined,” he said. “So, that’s the big windfall, so to speak, for these municipalities. These are 20-year agreements we’re entering into for Plug Power and those payments are about $1.4 million a year to the taxing jurisdictions, compared to previously collecting only $104,000.”

The contract with Plug Power includes a PILOT (payment in lieu of taxes), community benefit agreement and community education agreement. Masse said those are classified together as a property tax and it is "additional revenue for the taxing jurisdictions being driven by the project.”

Directors of the GCEDC have approved $118.8 million in property tax ($117.7 million) and sales tax ($1.1 million) abatements for Plug Power.

Krencik said the incentives are based on Plug Power’s performance outlook, including a pledge to create 68 full-time jobs, with salaries and benefits equaling about $70,000 per job.

“When considering the company’s capital investment, job creation, initial investment and projected revenues, the estimate economic impact is $4.40 for every $1 of requested public investment,” he said. “Comparing that against all of our corporate taxpayers in Genesee County, aside from utilities (National Grid, National Fuel), when you look at a single-source business, such as a theme park or a manufacturer, this would make this project the largest single company taxpayer of all those in Genesee County.”

“Unlike when the land – mostly farmland -- was vacant and you had $104,000 in annual taxes, this $1.4 million that Plug Power is going to pay is on 30 acres,” Masse added. “So, that’s a significant rate of return that you see on these types of projects.”

KRENCIK: FOLLOWING THE MODEL

Plug Power is the first tenant at STAMP, which has sat dormant for many years. In 2016, Gov. Andrew Cuomo came to Batavia to announce that 1366 Technologies, a solar wafer manufacturer based in Massachusetts, would be building a facility at STAMP but that deal eventually fell through.

Krencik said the GCEDC was following a model used by other municipalities – acquiring land and working to install necessary infrastructure to attract interest from mega-companies such as Plug Power.

He said he understands how inactivity at these large sites could lead to public dissatisfaction, while the lack of progress isn’t as evident at smaller manufacturing parks, such as the Genesee Valley Agri-Business Park on East Main Street Road.

“That’s kind of been the model across all the towns – you typically see a shorter timeline on some of these things because they’re smaller projects, smaller sites, smaller infrastructure,” he explained. “In the case of an ag park, I don’t think you’d feel the same type of pressure where you may be thinking, ‘Is there a loss there?’

“There are acres in the ag parks that currently are not on the tax rolls, but, of course, you already see the benefit in Batavia where you have two very large operations that are significant contributors to the town, city schools and the county (HP Hood and Upstate Milk Cooperative).”

Masse agreed, adding that the GCEDC is running out of acreage, “but that’s a good problem to have.”

MASSE: FARMERS BEAR THE BURDEN

Getting back to STAMP, Masse said the GCEDC continues to pay the fire district fees on those properties as they are not tax exempt.

“So, the emergency fire support services are still being paid for all the properties that we own, with the tax based on the assessed values and fire district tax rate,” he said.

Masse also mentioned that many parcels zoned Agricultural receive property tax exemptions.

“Obviously, agriculture is the No. 1 industry in Genesee County and if you look at who bears the largest tax burden in the county it is farmers, because they own the majority of the land,” he said. “That’s why they try to give them some help with the ag exemption. They’ll scale them in over a time period.”

He brought up a municipal consumption study that was done in Amherst around a decade ago that showed that commercial enterprises consume about 80 cents in municipal services while residential consumes around $1.20 in municipal services.

“Everybody complains about these companies but, in the long run, they’re going to help subsidize the municipal services that the residents use more of,” he said. “That’s always our hope that we’re not only creating jobs but also creating additional tax base to alleviate the tax burden. Creating those jobs and having those people spend their money here … what they call the indirect and induced effect of that money being spent throughout your community.”

COMPANIES MUST MEET THEIR GOALS

Masse said companies’ economic impact projections are keys to determining if they qualify for tax incentives and the amount of those incentives.

“Firms are required in their applications to give us the number of full-time equivalent (jobs) that they believe will be created by their projects,” he said. “Back in October of 2015 or 2016, the law changed. Now, that job creation goal is put into our PILOT agreements and other agreements. If they do not achieve that, our board could consider cancelling their PILOT and making them claw back and basically, pay back the incentives that they took.”

He said the GCEDC tracks companies as long as they are receiving benefits and that the board of directors would likely would call in a company to find out why it didn’t reach its goals.

“So, for the 10 years of a PILOT, they are required to report to us their annual job numbers every year. We record them and input them into the New York State reporting system – PARIS (Public Authorities Reporting Information System),” he said. “It’s a public document that shows how many jobs were pledged and how many were created. Once the PILOT expires, the company is no longer required to report those jobs to us.”

Krencik credited Masse for staying in touch with the cities, towns and villages that usually initiate construction projects.

“Mark meets with the town, the school and the county folks more than I meet with members of my immediately family,” Krencik said. “He has kept that dialogue going. At the town board level, for example, that is a strong mode of communication.”  

STAMP DIVIDED INTO ‘DISTRICTS’

A look at the layout of STAMP reveals that it is divided into three “technology districts”:

• Technology District 1 -- a 600-acre parcel in the northern portion dedicated to high-tech manufacturing, including semiconductor, renewable energy and other advanced industries;

• Technology District 2 -- office, and research and development space;

• Technology District 3- -- area geared toward retail support services.

Masse said the concept was to create blocks of three semiconductor chip “fabs” that would open six million square feet for production, accommodating 930 employees.

“We went through the required State Environmental Quality Review, with the full build-out (as such) that if it’s within those thresholds, we really don’t have to do more work,” he said. “When we proposed to rezone the property, that is an action under SEQR and any proposed changes have to comply with SEQR.”

He said that’s what the GCEDC did in 2010 and “that took the better part of two years to get through that process.”

POWER, GAS LINES ARE RIGHT THERE

Masse also said that the presence of the nearby dual 345kV power lines and a National Fuel Empire Pipeline, a 24-inch natural gas transmission line, was a major reason the Town of Alabama location was selected.

“The 345 kV power lines take power from the Niagara Falls power station and run it down to New York City. We did a system impact study that revealed we can pull down 450 megawatts off of those lines,” he said. “With that, we would construct a very large, about a 10-acre substation (on the site), that would be a 345 to 115 kV – it would step the voltage down.”

As previously stated, Plug Power is funding this substation at a cost of about $53 million. Both the Plug Power plant and the substation are expected to be operational by December 2022.

Plug Power, along with the 30 acres it purchased for the green hydrogen facility, has a right of first refusal for an adjoining 30 acres for the possibility of future expansion.

The GCEDC has no applications for other major manufacturers at this time, Masse said. A couple months ago, it was rumored that Samsung was interested in placing a semiconductor manufacturing plant at STAMP.

INCREASED INTEREST IN STAMP?

When asked if Plug Power’s pending move to STAMP has generated more interest in the site, Masse said he’s hopeful that other businesses will take note. He did, however, mention that the COVID-19 pandemic “has driven a lot of companies to take a hard look at where they’re sourcing their products from and where are they selling their products to.”

“COVID broke a lot of supply chain issues throughout the world,” he said. “I think we’ve seen that with shortages and price increases of a lot of things. A lot of companies are doing a reassessment, saying we don’t ever want to go through that again.”

As a result, Masse said that companies are looking to locate new facilities coming out of COVID-19.

“So, one of the nice things about the Plug Project is that timelines are crucial to these companies – time is money to them,” he offered. “That substation is a major piece of infrastructure. Having that in place will go a long way toward alleviating companies’ concerns about that being available. We have the force main of the sewer project under construction. The only real long lead time item left will be the water from Niagara County, and we are just completing our design and engineering on that as well.”

Masse said he sees a light at the end of the tunnel.

“A lot of people say, well, it’s been 10 years and all you have done is build a road. They don’t see the amount of soft work, so to speak, that is in my office in about 2,000 pages worth of documents of archaeological, environmental, phase one, phase two – all the design and engineering you have to do and all the regulatory agencies you have deal with. That takes time, and that’s what we have been working on very diligently,” he said.

The development of STAMP has been beneficial to Town of Alabama residents already, he said, in that they gained access to municipal water.

“If we had not done this, they could not afford to get municipal water,” he said. “They had failing wells. A lot of those people were spending $1,500, $2,000 a year on replacing equipment because the water was so bad. And because we were able to fund a significant portion of the water, the town was able to add on and they’re going to end up covering about 95 percent of town residents with public water.”

CORPORATE PARKS IN FULL SWING

The GCEDC has invested tens of millions of dollars in the STAMP project, likely more than anticipated, but Masse said he is confident that the agency’s track record of success in Genesee County will produce a similar outcome in the Town of Alabama.

“If you look at our corporate parks, they’re almost all full at this time,” he said. “It was 2007 when the Ag Park was started. You can see the success that we have had there.”

The Genesee Valley Agri-Business Park is one of seven corporate parks owned by the GCEDC. Currently, HP Hood, Upstate Niagara and O-At-Ka Milk Products are running at high capacity and are expanding, Masse said.

The other corporate parks are as follows:

• Le Roy Food & Tech Park in the Town of Le Roy: BioWorks has just signed to take 60 of the park’s 75 acres, and the Le Roy Town Board has set a public hearing for July 8 to consider rezoning neighboring parcels for expansion.

Word has it that Great Lakes Cheese, an Ohio-based manufacturer, has approached individual landowners with purchase offers. Masse said Great Lakes Cheese has yet to apply to the GCEDC for incentives.

“We do not have any applications from any companies for that location,” he said. “A lot of companies will go out and do due diligence on sites. We do not own the property. Whoever is talking with private landowners is between them.”

• Apple Tree Acres, Bergen: Sixty-two percent of the acreage there is sold, with Liberty Pumps as the key tenant. Liberty Pumps is undergoing an expansion project as well.

• Gateway I and Gateway II Corporate Park, on both sides of Route 98 near the Thruway exit: “All of those acres are spoken for,” Masse said.

• Med Tech Center on R. Stephen Hawley Drive: The GCEDC has renovated 800 square feet of space in that building that is available for lease.

• Buffalo East Tech Park in Pembroke: Artisan cheese maker Yancey’s Fancy has a new plant there and a couple smaller businesses are being proposed for that site.

Masse said he believes that the more the public knows about economic development projects, the perception that the GCEDC is just an administrator of corporate welfare will subside.

“We’ve tried to do public outreach sessions, but they were poorly attended,” he said. “However, all of our agency business is open to public viewing. From a transparency standpoint, we are as transparent an organization as you’re going to find. Everything is on our website. Our board meetings are recorded and they’re Zoomed. Everything we have is out there under public authorities law.”

----------------

SENECA NATION FILES SUIT

In a separate development, Masse said it is agency policy to not comment on any pending litigation.

Earlier this month, the Tonawanda Seneca Nation filed a lawsuit in state Supreme Court in Genesee County, disputing the GCEDC’s determination that the Plug Power project would have no negative effect on the nation’s “Big Woods” land that is situated on the western end of STAMP.

According to the lawsuit’s preliminary statement, the Seneca Nation considers that area “as a property of religious and cultural significance” and that the Plug Power siting would infringe upon those grounds. The plaintiff also contends that the GCEDC did not provide notification prior to the completion of the environmental review process.

Photo at top: Mark Masse, right, and Jim Krencik at the Genesee County Economic Development Center on R. Stephen Hawley Drive; Photo at bottom: A look at the WNY STAMP site, with the Plug Power project area "X'd out" just south of the Technology District 1 area highlighted in purple. Photos by Mike Pettinella.

Sight unseen.

The people who have signed contracts to rent the new third-floor apartments above Eli Fish Brewery Co. at 109-111 Main St. did so even before seeing the finish product, according to the building’s co-owner.

Matt Gray, who led a group of government and municipal agency officials on a tour of the apartments this afternoon, said the two two-bedroom and one one-bedroom units were rented about three months ago – well before completion.

“Yes, it was unsolicited,” he said. “We started receiving phone calls and emails down at Eli (Fish) wondering if we had apartments available. We told them that they were under construction and they still wanted to see them. And all three of them ended up being rented in March.”

Gray said the woman who is renting one of the two-bedroom flats in the historic J.J. Newberry building picked up the keys today and will be ready to move in on July 1.

“It really was the first time that she has seen it since drywall started to go up. She was very excited to see how it turned out,” he said, adding that none of the tenants (some are in their 30s and one is retired) are from Batavia.

The two-bedroom apartments are renting for $1,100 per month and the one bedroom is going for $800 per month.

City Council President Eugene Jankowski Jr., one of the people invited for a sneak peek, called the apartments “absolutely beautiful and I would love to live in an apartment like that as a young person or retired person.”

Jankowski said Gray and co-owner Matthew Boyd are fulfilling city leaders’ mission of creating a vibrant Downtown.

“That’s exactly what I had envisioned when they talked about apartments and people living above businesses and bringing a downtown neighborhood back to our community,” he said. “That’s a perfect place to start.”

Gray, when asked why people are being attracted to living above downtown buildings, said it was a matter of walkability.

“It’s a lifestyle. People that are looking to live Downtown want to be able to walk to entertainment, to dining, to shopping,” he offered. “One of the gentlemen who is moving in is excited because everything that he wants to do is nearby – even walking to the Muckdog game or the farmer’s market. It’s all right here.”

He said the demographics of tenants in the building’s seven apartments (there are four apartments on the second floor) are across the board.

“Whether they’re young or retired even, the desire is there to be social and to walk to where they want to go,” he said.

Construction of the new apartments was aided by a $137,600 grant from the state Downtown Revitalization Initiative, facilitated by the Batavia Development Corp., NY Main Street program, and a grant from the DRI Building Improvement Fund.

Photos at top: Matt Gray, center, conducts a tour of the new third-floor apartments above Eli Fish Brewery Co. on Main Street, Batavia, as, from left, Chris Suozzi, Penny Kennett, Mary Valle and Mark Masse look on; kitchen area of the one-bedroom apartment. Photos below: View onto Main Street of the front apartment; the large kitchen/living room of the two-bedroom unit at the rear of the building. Photos by Mike Pettinella.

UPDATED 5:48 p.m. Saturday, June 26:

From BPD -- Louis Morris has been located alive and unharmed. The Batavia Police Department would like to thank the public for the tips they sent in.

Press release:

The Batavia Police Department is seeking the public’s assistance in locating Lewis A. Morris who was reported missing from his home in the City of Batavia on June 25th.

Mr. Morris was last seen at his residence on June 25th at approximately 12:30 a.m. and reportedly may have left sometime before 3 a.m. Mr. Morris is believed to be with his vehicle, which is a 2011 Hyundai Sonata, 4-door sedan, black, with New York registration - JAT5955.

Morris is described as an African American male, age 66, there is currently no clothing description available. His photo accompanies this news release. Anyone who sees Morris, or his vehicle, should call their local law enforcement agency.

Please be prepared to provide his current location and clothing description. Anyone with information regarding this investigation is asked to call the Batavia Police Department without delay at (585) 345-6350.

Calling it a “straightforward” audit, a certified public accountant with the Freed Maxick firm in Batavia reported that the Batavia Development Corp. experienced a 16-percent increase in its net position from March 31, 2020 to the same date this year.

At Thursday’s monthly BDC meeting at the City Centre Council Chambers, Nicole Ryan reviewed financial statements from fiscal years 2020 and 2021, giving the agency’s board a comparative look at its activity.

She said that since there was no new activity for Creek Park Batavia LLC, a BDC entity, her presentation focused on the BDC.

The BDC’s net position increased from $172,469 as of March 31, 2020, to $199,931 as of March 31, 2021 (about a 16-percent jump), while the operating revenues increased by about $5,000 from 2020 (from $114,964 to $119,769) and expenditures decreased about $3,000 (from $95,136 to $92,307).

“So, overall, year to year, there wasn’t a large change in the activity – as expected based on the type of year that was had …,” Ryan said. “There wasn’t an abundant amount of information that we had to go over; there was minimal grant activity that took place this year, compared to previous years. Overall, it was very straightforward and a rather quick audit. Very painless.”

Ryan found that the agency’s cash flow increase of only $31,358 from the prior year “again was due to the minimal grant activity that took place.”

Receivables for 2021 totaled $125,750 with $81,428 as part of the financial close of the Ellicott Station and $44,322 as part of the Building Improvement Fund, which will be reimbursed through New York State Homes and Community Renewal.

All told, Ryan said the audit identified no material weaknesses or significant deficiencies, “so I don’t have any exhibits for any type of filings that would have been communicated during the process.”

Andrew Maguire, BDC director of economic development, said that in April the agency was awarded a New York Main Street Grant of $417,000 for the Theater 56 project. That transaction will be reflected in the 2021-22 fiscal year financial statement, he noted.

Matt Gray, co-owner of the former J.J. Newberry Building at 109-111 Main St., Batavia, is proclaiming “mission accomplished” as construction of a trio of third-floor apartments has reached the finishing touches stage.

“The building is finally 100-percent complete,” Gray said this afternoon. “Bringing people Downtown, that’s the whole idea behind it. We’re looking forward to a good 2021.”

Gray and partner Matthew Boyd have a reason to be proud as they, along with Eli Fish Brewery Company co-owner Jon Mager, have coordinated the transformation of the building (that was built in 1881) into a Downtown destination.

The entrepreneurs have invited the media and a select group of community officials connected to the project to attend an open house at 4 p.m. Friday (tomorrow) where tours of the apartments will be conducted.

Gray said that Whitney East Inc., of Rochester, was the general contractor for the apartment project that began in January. Two of the apartments have two bedrooms and the other has one bedroom.

All are equipped with high-efficiency washers and dryers and stainless steel appliances.

Gray said that tenants will be moving in on July 1, and that all are being rented at market rate – around $1,000 per month.

In 2018, four apartments were put into the second floor, with Thompson Builds as the general contractor. The building’s first floor houses Eli Fish Brewing Co. and restaurant, and Eden Café & Bakeshop.

Previously: BDC director points to Eli Fish/Newberry project as shining example of agency's value

Nineteen million, seven hundred thousand.

That’s the amount in dollars that was bet at Batavia Downs Gaming during the week of June 13-19, a record for the Park Road entertainment center.

Batavia Downs Gaming Marketing Director Ryan Hasenauer reported that figure to Western Regional Off-Track Betting Corp.’s directors, who gathered this morning for their monthly board meeting.

WROTB President/CEO Henry Wojtaszek, when asked if it was safe to say that the gaming industry has bounced back from the COVID-19 pandemic, simply replied, “Yes. That’s the most money that has been bet on the machines in our history in one week -- $19.7 million.”

Wojtaszek also commented on the Rockin’ The Downs Summer Concert Series, that moves into its third week tomorrow night.

“We’re off to a great start for the Summer Concert Series,” he said. “The first two concerts went well and we’ve sold a lot of tickets for Steve Augeri (formerly of Journey) on Friday night."

In other developments:

• Batavia Bets, WROTB’s interactive online platform, handled almost $2.2 million in May, up more than $1 million (97 percent) from 2020.

Through June 20, handle was $1.2 million – down $79,000 (6 percent) from 2020, but the year-to-date handle of $9 million is up almost $2.9 million (47 percent) from 2020.

Wojtaszek attributes the increase to patrons who turned to horse racing wagering during the pandemic and have found it a favorable pastime.

“It (COVID-19) did cause a lot of people to take a look at horse racing because that really was the only activity available to them at the time,” he said. “But, I think what they’ve seen, they liked because they continue to utilize that service. We have a great rewards rebate program that seems to be working well.”

Additionally, it was reported that $121,737 in surcharge generated in May will be distributed to the corporation's municipalities. 

• Batavia Downs Gaming will be hiring two full-time customer relations managers to “try to take our customer service up a notch,” Wojtaszek said.

“We want to make sure all of the different facets of the operation are coordinated properly and that our customers are looked after, so we’re trying to take it up a notch,” he said, adding that two current employees may be promoted although the positions will go through the Human Relations department.”

• Several resolutions were passed, including three pertaining to legal representation – a $200,000 contract with Harris Beach, $100,000 contract with Hodgson Russ and $5,000 contract with Connors LLP.

Others measures approved were a contract with Canal Concerts Inc., for $3,500 per concert (not to exceed $35,000) to provide setup and oversight services during the 2021 Concert Series, and the purchase of a block of eight tickets with parking in an amount not to exceed $25,200 from Live Nation Marketing Inc., for the 2021 concert series at Darien Lake.

Photo at top: Ryan Hasenauer, Batavia Downs Gaming marketing director, stands next to the Zoom Ball game the facility will be promoting next month. Hasenauer said that during the five Saturdays in July, two customers will be called at random each hour over a four-hour period (7 to 10 p.m.) to play the game. Upon pressing the big red button, the balls -- gold, red, white and blue -- will be blown around and sucked into the "win zone" at the top of the machine. If the player gets all six gold balls in the chute, he or she will win $50,000. Prizes decrease from there -- $10,000 for five, $1,000 for four, $250 and $250 free play for three, $150 and $250 free play for two, $100 and $250 free play for one, and $250 free play even if none of the balls at the top are gold. Ten of the balls in the machine are colored gold. Photo by Mike Pettinella.

In what is being called a "good faith" gesture initiated by Genesee County's representative to the Western Regional Off-Track Betting Corp., the public benefit corporation's board of directors this morning voted to approve host agreements with the Batavia City School District, Genesee County and Town of Batavia to provide payments totaling more than $200,000 over the next four years.

These payments are being made to the taxing jurisdictions in light of Batavia Downs Gaming's recent purchase of the Hotel at Batavia Downs from ADK Hospitality of Buffalo, thus taking the property off of the tax rolls and negating a 10-year payment in lieu of taxes agreement the entities had with the previous hotel owners.

The breakdown of the payments, which add up to $212,508, reveals that the school district will receive $27,000 for 2021, and the school district, county and town will receive a total of $46,377 for 2022 through 2025. Dissecting the latter amount further, the school district will get approximately $27,000, the county approximately $13,000 and the town approximately $7,000.

"Dick Siebert," replied WROTB President/CEO Henry Wojtaszek when asked what prompted the board to propose allocating money to three taxing jurisdictions affected by Batavia Downs Gaming activities. "Mr. Siebert addressed the board and asked them to consider this because he indicated to everybody that we have great relationships with them -- which we do -- and thought it would be a good faith effort to go ahead and do this. It was something that they had counted on because they had a PILOT in place with the former owners of the hotel."

Wojtaszek said the funding covers the amount of the PILOT that would have been in place.

Siebert, a longtime WROTB director and Genesee County election commissioner, said passage of this resolution is "more about the spirit of what we're doing than the actual dollar amount."

"It's not a great deal of money, but it shows than even though we are tax exempt ... it shows our good faith," he said, adding that the county, school district and town have supported the corporation's efforts.

He asked Wojtaszek to formally inform the school superintendent, county manager and town supervisor.

A waste of time and money?

Genesee County governmental leaders on Wednesday expressed their public displeasure over the extremely low early voting turnout prior to Tuesday’s Republican Primary races in the towns of Bethany, Byron and Stafford.

County Manager Matt Landers reported that only six people took advantage of the nine days of early voting – all of them casting their ballots in the Town of Stafford, which held a primary for the position of town clerk.

“The other two races had zero voters even though we had nine days of early voting – at a not cheap cost” (to those municipalities), he said. “So, some food for thought.”

Landers said the county will “charge back” expenses (personnel, etc.) for the early voting at the ARC Community Center in Batavia to the towns. He explained that the three towns will pay proportionally based on the total number of registered voters in the municipalities, not by the number of people who voted.

He said he expects the total cost to be several thousand dollars considering that four election workers were called to duty each day under supervision of both Republican and Democrat commissioners.

Upon hearing that just six early votes were cast, Legislator Marianne Clattenburg brought up that Democrat lawmakers in Washington have been promoting “a one size fits all” voting reform.

“This is a perfect example of how that does not (fit),” she said.

That prompted Landers to say that while the county conducted nine days of early voting, “there’s a push to make it 15 days …”

Legislature Chair Rochelle Stein said calls and/or letters to state and federal representatives are in order.

“I think that would be incumbent upon us to alert our representatives, both in the state and federal government … as an example of funds that aren’t being used in the manner that is prescribed and the value of those funds being used,” she said.

In another development, Mental Health Director Lynda Battaglia reported that the department’s application for a mobile access program has been accepted.

“This is an exciting opportunity to change how we deliver crisis service at the times that people need this service the most,” Landers said. “We look forward to seeing the results of that program.”

A key feature of the mobile access program is the use of an iPad for mental health crisis response with law enforcement personnel on-site.

Commended by the Genesee County Legislature this afternoon for “standing in the gap” during the COVID-19 pandemic, Genesee County Probation Department employees were honored with a proclamation designating July 18-24 as Pretrial, Probation and Parole Supervision Week.

Legislator Gordon Dibble presented Probation Director Timothy Michalak with the proclamation at a meeting at the Old County Courthouse.

Legislature Chair Rochelle Stein thanked probation officers for conducting COVID-related home visits and volunteering to work at the county's mass testing and vaccination clinics.

Michalak thanked legislators for the recognition, stating, “As we all emerge from this pandemic, our officers who did a fantastic job will continue to work hard and make a positive change within individuals and our community, with a particular focus this year on restoring trust and encouraging hope.”

The proclamation reads as follows:

“WHEREAS, community corrections is an essential part of the justice system and probation officers uphold the law with dignity, while recognizing the right of the public to be safeguarded from criminal activity; and

WHEREAS, community corrections professionals are responsible for supervising adult and juvenile offenders in the community and are trained professionals who provide services and referrals for offenders, and

WHEREAS, community corrections professionals work in partnership with community agencies and groups while promoting prevention, intervention and advocacy; and

WHEREAS, community corrections professionals provide vital services, support, and protection for victims and are advocates for community and restorative justice; and

WHEREAS, Genesee County Probation Officers have endeavored to maintain public safety while managing the added challenges and stressors of a global pandemic and volunteered to stand in the gap when called upon to conduct COVID-related home visits and work at the mass testing clinics and vaccination clinics, and

WHEREAS, Members of the Genesee County Probation Department partnered with law enforcement and county departments during the holidays to ensure children and seniors in need received a gift or food through the “Stuff the Cruiser” and Holiday Tote Project, and

WHEREAS, community corrections professionals are a true Force for Positive Change in our communities, Now, Therefore, Be it

RESOLVED, that in humble appreciation of our hard-working probation professionals, the Genesee County Legislature does hereby proclaim July 18-24, 2021 as Pretrial, Probation, and Parole Supervision Week and extends our gratitude for their conscientious service and achievements.”

Photo from left: Legislator Gordon Dibble, Probation Director Timothy Michalak, Probation Officers Bryan Pike, Terri Buchholz, Jason Mindler, Carly Luttrell, Beatriz Mateos, Ben Heale, Supervisor Kevin Wright, Officer Jessica Turman and Supervisor Rachel Sanfratello. Other members of the Probation Department staff are Senior Officers Michele Tucci, Jeremy Barber and Traci Russo and Officers Bill Bogan and Jeff Hyde. Photo by Mike Pettinella.

Press release:

U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Barber, 53, of Batavia, pled guilty before Senior U.S. District Judge William M. Skretny to possession of child pornography following prior federal and state convictions relating to sexual abuse involving a minor.

The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on May 20 officers with the U.S. Probation Department and New York State Parole conducted a search at the defendant’s residence.

Officers seized a cellular phone, which was found to contain images and videos of child pornography. A flash drive containing child pornography was also seized.

Barber possessed more than 1,000 images and 200 videos of child pornography on the two devices, some of which depicted prepubescent minors, violence, and the sexual abuse or exploitation of an infant or toddler.

In April 2007, the defendant was convicted on a federal charge of possessing child pornography, and a state charge of sexual abuse in the first degree.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

Sentencing is scheduled for Oct. 27 before Judge Skretny.

Previously: Batavia man who previously served time on child pornography charges indicted by Feds again

Rebbecca Storm Wissinger, 29, of State Street, Batavia, is charged with: endangering the welfare of a child; custodial interference in the second degree; and second-degree harassment. Wissinger was arrested at 5:03 p.m. June 21 after an incident at GC Social Services on East Main Street Road in Batavia. It is alleged that she became physical with a third party while trying to take custody of her children, against a GC Family Court order. Following her arrest, she was released with appearance tickets to be in Batavia Town Court June 24. The case was handled by Genesee County Sheriff's Sgt. Andrew Hale, assisted by Deputy Kenneth Quackenbush.

Thomas Joseph Scheuerlein, 56, of Overlook Drive, Batavia, is charged with second-degree harassment. Following an incident at 4:48 p.m. June 21 in the Town of Batavia, Scheuerlein was arrested, arraigned in Alabama Town Court, then released. He is due in Genesee County Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

Grace Crystal Murray, 22, of Pratt Road, Batavia, is charged with third-degree criminal trespass. At 11:50 a.m. on June 23, Murray was arrested on a bench warrant and arraigned in Batavia City Court, then "returned" on her own recognizance. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy.

Rebekah Daniszewski and Alex Hale received Batavia Coaches Association Athlete of the Year awards tonight at the Batavia High School Athletic Awards ceremony at Van Detta Stadium.

Athletic Director Mike Bromley presided over the event that recognized outstanding Blue Devil senior class student-athletes for their accomplishments over the four sport seasons in 2020-21.

Daniszewski, a Section V track and field champion in the shot put (indoor) and shot put and discus (outdoor), and Hale, a three-sport standout, each were given $50 and a plaque from the Coaches Association.

The Athlete of the Year award goes to a senior girl and boy for outstanding leadership, sportsmanship and athletic performance.

Daniszewski also received the Burk Family Scholarship for Excellence in Track and Community Service, a $300 award from the Batavia City School District Foundation, while Hale also was selected to receive the Daniel Van Detta Memorial Scholarship for football and baseball, a $250 award from the BCSD Foundation.

Jonah Epps III was the winner of the Thomas Ricci Memorial Scholarship for track and field and/or cross-country, a $500 check from the BCSD Foundation. He also received the Project Play WNY Multisport Athlete Award, which comes with a certificate, celebratory lawn sign and social media spotlight.

Jacob Long was named the Burk Family Scholarship for Excellence in Football and Community Service winner, earning a $300 check from the BCSD Foundation.

The Danny Lullo Memorial Football Scholarship went to Zachariah Brown, who received a $300 check from the BCSD Foundation.

Luke Rogers was selected to receive the Jason Gioia Memorial Scholarship for dedication to school and the community. The scholarship is for $500.

Other award winners are as follows:

• Outstanding Physical Education Student Award: Alexander Childs, Mykola Bartz, Lillian Whiting.
• Air Force Scholar Athlete: Luke Rogers, Tess Barone.
• Army Reserve National Scholar Athlete: Cooper Mattice, Isabella Houseknecht.
• Navy Outstanding Athlete Award: Zachary Gilebarto, Lillian Whiting.
• Marine Corps Distinguished Athlete Award: Bannon Moore (who also received the Judd Gouinlocke Memorial Scholarship), Haylee Thornley.
• Varsity Club Award: Chloe Torres Brown, Kathryn Fitzpatrick, Zachary Wagner, Natalie Clark, Evan Preston, Dallas Lama, Andresha Richardson, Chase Pangrazio, Jonah Luplow, Jianna Torcello, Elizabeth Kingston, Troy Helsdon, Stone Siverling, Tyler Kleinbach.
• Dr. Pierce Sportsmanship Award: Sean Pies, Sadie Loria.
• Batavia Coaches Association Scholar-Athlete Award: Kameron Kuszlyk, Sophie Beckman.
• Project Play WNY Multisport Athlete Awards: Jonah Epps III, Bryn Wormley.
• Batavia Lions Club Athletic Award: Jacob Long ($50).
• 1947 Club Athletic Awards: Faraz Idrees, Mackenzie Reigle.
• Certificates of Excellence: Zachariah Brown, Rebekah Daniszewski, Jonah Epps III, Ian Fuchs, Alex Hale, Faraz Idrees, Kameron Kuszlyk, Jacob Long, Jonah Luplow, Bannon Moorre, Chase Pangrazio, Sean Pies, Mackenzie Reigle, Bryn Wormley.

Several athletes were recognized for winning sectional titles. They were:

• Boys Swimming: Cooper Mattice.
• Wrestling: Cooper Stewart, Nicholas Lamkin.
• Indoor Track and Field: Jamarion Richardson, Gavin Konieczny, Noah Burke, Rebekah Daniszewski, Jesse Reinhart.
• Outdoor Track and Field: Fabian Vazquez, Isabella Walsh.