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Pair charged in dog abuse case appear in City Court, further proceedings pending

By Howard B. Owens

Two people accused of abusing a pair of dogs, including one who eventually died, made their City Court appearances today after missing similar appearances in June.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with two counts each of felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Searight was first on the docket in City Court on Wednesday afternoon.  He entered a not-guilty plea and City Court Judge Durin Rogers bound his case over for Grand Jury review.  If indicted, his next appearance will be in County Court at a date yet to be determined.  

Scarbrough also entered a not-guilty plea and Rogers ordered her released under the supervision of Genesee Justice.  He said Scarbrough couldn't leave the county, which raised an objection from her attorney, Jamie Walsh, with the Public Defenders Office, who informed Rogers that Scarbrough frequently stays with her mother in Niagraga County and that Scarbrough has a five-year-old child who attends a public elementary school there.

Rogers wasn't swayed.  He said if Scarbrough wanted to leave the county, she could seek permission from Genesee Justice or return to the court for permission.

The conditions and supervision were necessary, Rogers said, because of Scarbrough's previous failures to appear in court when ordered, her prior offense, and a warrant for an apparent failure to appear, out of Niagara County, along with the severity of the charges.

Scarbrough faces an obstruction of governmental administration charge in Niagara County. 

The charges against Searight and Scarbrough stem from the discovery of two pitbulls in an apartment the pair had reportedly shared. Both dogs had been left in cages and were starving, and covered in feces, when animal control officers arrived at the apartment after a neighbor called authorities.  The male pitbull has recovered while the female pitbull had to be euthanized. 

Previously: 

WNY National Cemetery to give final salute to Avenue of Flags for the year

By Joanne Beck

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November 11, Veterans Day, will cap this year’s first-ever flag-raising Memorial Day ceremony, as the Avenue of Flags will be taken down at Western New York National Cemetery, William Joyce says.

Filled with interment flags that had either draped a veteran’s casket or accompanied a veteran’s urn to a final resting place, the Avenue is a traditional honor each year from Memorial to Veterans Day. It was installed in 2021 and inducted with a ceremony on May 29 of this year.

As director of Genesee County’s Veterans Services, Joyce gave his annual report Tuesday to the Human Services Committee, including how the inaugural flag ceremony went.

“It was well attended by the public and so well received. I know there wasn't much advertisement, but without the advertisement, there were still a lot of people present for in-ground burials. For cremation section 10 is now closed. It's due to its capacity. Now they're moving to Section nine. It's right next to it,” Joyce said. “And to this date, there have been 1,207 burials, that's as of today. And of those, I can proudly say I assisted 18 families with arrangements for burials at the National Cemetery.”

He is the only Memorial Council member in this area with authorization to arrange burials at the National Cemetery, he said. That just “broadens my scope on what I can do for the veterans and families,” he said.

A prior budget approval to purchase uniforms for the Honor Guard was well used, he said — “they spent every bit of that” — and Guardsmen now have a cohesive, professional appearance.

“They’re all looking the way they're supposed to out there, in the same uniform,” he said.

Two weeks ago he learned that the Department of the Army will pay volunteers $50 for every service they perform on behalf of fallen veterans. They will have to go through training first to become certified to perform services at the WNY National Cemetery, he said.

His office had 1,452 contacts and provided 5,321 client services during the past year, including help to file 106 veterans’ property tax exemptions. The first veteran burial at the new cemetery was on Oct. 18, 2020, and there has been an average of four to six per weekday ever since at the site at 1254 Indian Falls Road, Corfu, he said.

Construction has been ongoing to expand the original site due to a lack of capacity. Click here to see the latest drone flyover taken in August.

The Cemetery was approved in 2021 to display the Avenue of Flags from Armed Forces Day to the Saturday after Veterans Day. Joyce said that there will be an official ceremony on Nov. 12 to dispose of any flags that aren’t “serviceable,” he said.

Each flag had been presented to the next of kin of the veteran on behalf of the President of the United States and the branch of service the veteran served. Families donate their veterans’ interment flags to fly along the Avenue to represent their service and sacrifice to the country.     

The Memorial Council is responsible for the maintenance of the flags as well as collecting the donated flags.

For more information about the cemetery and related services, click HERE.

2021 File Photo of the Avenue of Flags at WNY National Cemetery in Corfu. Photo by Howard Owens.

Mental Health director proposes hybrid psychiatry to fill a rural need

By Joanne Beck

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After biding her time with a glaring vacancy, Mental Health and Community Services Director Lynda Battaglia broached the topic during Tuesday’s Human Services meeting.

“So this is one that I've talked about for well over a year now, and it's finally time to bring this one forward. This is a creation of a full-time, Genesee County psychiatrist position for the Department of Mental Health. There's no doubt that this is a bigger ask, considering the salary. But it's a specialized service. And it's definitely something that's needed within the department,” Battaglia said to the group of committee members. “Right now, our wait time for somebody to get in with a psychiatrist is about six weeks. And that's when we have all of our providers. I'd like to create this position so that it benefits the community, and it benefits the clients that need to get access to provider treatments. I have to think about stability within the department as well as future planning and longevity for psychiatry.”

She requested an amendment to the 2022 management salary schedule to create one full-time staff psychiatrist (Community Mental Health) position at a base salary range of $292,500 to $331,500. That would mean an estimated salary of between $73,125 and $82,872 for the remainder of the year’s last quarter, at a fee of $150 to $170 per hour.

Fringe benefits would add up to about $21,000 more, for a quarter total of up to $103,814, according to the resolution. Battaglia doesn’t expect these costs to impact the existing 2022 budget, considering the unstaffed positions within the Mental Health Department.

There are four clinical positions and three in the finance area that have been vacant, she said. It may not be an easy job to recruit a psychiatrist to a rural area, but it would certainly add some consistency to the department, she said.

“For the last three years, we've worked with an agency to provide us with services. And that has been helpful, it has definitely been a Band-Aid and has helped fill the gap. However, in the three years, I've had my third psychiatrist. And you think about a person that comes through mental health for services, you're taking a risk every time you have a doctor that's providing the telehealth services. And if it doesn't work out, then I'm bringing in a new psychiatrist. And if that one doesn't work out, I'm bringing in another one,” she said.

“And the agency that I've gone through has been absolutely tremendous," she added. "They’re very accommodating, with excellent communication. The doctor has to be the right fit. And so to have one client have to work with three different doctors over the course of their treatment, it's very challenging, and it's frustrating the clients.”

An upside is that the position could generate revenue and potentially become self-sustaining and not cost the county additional money, she said. It could also reduce the wait time from six to three weeks, which still isn’t ideal, but “if we can cut it in half,” that’s an improvement.

Battaglia proposed creating the position as a hybrid, including in-person visits and telehealth appointments, as an incentive for the right person. She doesn’t want to offer 100 percent telehealth and feels that a hybrid model offers two options to deliver the service. That might better accommodate an applicant, and “we have clients and community members that like to do either way,” she said.

“I think for 2023, it would definitely save the county some money,” she said. “I feel like it’s a win-win all the way around.”

County Manager Matt Landers reiterated how Battaglia has been talking about this need “for quite some time.” Simply put, it sounds like a breakeven proposition, he said.

“Instead of contracting out, you're paying a county employee, and there’s potential for generating additional revenue — more billable hours — which would generate more revenue. Now we're not doing this to make money. And at the same time, if this ended up being a subsidized effort, but ended up providing better service to the community, again, it will be something that the manager's office would support,” he said. “Even going down this route and approving this, that's step one, and it's really going to be a challenge to find a qualified doctor willing to come to us, you know, rural counties have this difficulty. So, in general, I support the effort going forward, because it's not going to be budgetarily … negative to our county budget. And it's got the full support of mental health, but I think we can provide better service.”

Battaglia also requested a budget amendment to hire a full-time mental health financial program specialist position, which would cost $19,553.50 for the remainder of this year. There are funds available in the 2022 budget to cover this expense due to unstaffed positions within the department. This position for a full year will cost $78,214, according to the resolution.

The committee approved the requests, which will continue on the process for committee approval until they finally reach the Legislature for final adoption.

Photo: Lynda Battaglia, Director of Mental Health and Community Services. Photo from the county website.

Dollar General planning seventh store in Genesee County in Darien

By Howard B. Owens

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The former Timberwolf Restaurant location at 1658 Broadway Road, Darien, dilapidated, overgrown, and vacant for many, many years, is likely to soon become the new location for the seventh Dollar General store in Genesee County.

The Genesee County Planning Board is being asked to approve a site plan review and area variance at its Thursday meeting to allow the project to go forward.

The planning staff recommends approval with modifications.

The requested modifications are that the signage complies with the town's zoning regulations and that the applicant gets State DOT approval for a driveway permit.

The applicant is The Broadway Group LLC based in Huntsville, Ala.

Dollar General is based in Goodlettsville, Tenn. and operates 17,000 retail stores nationwide.

The plan calls for the crews to demolish the Timberwolf building, which sits on a 3.08-acre lot, and construct a 10,640-square-foot store at a total project cost of $574,550.

Howard Hanna currently lists the property but with a sale pending. The listing price was $199,900.

The current owners are Johnson and Sons LLC.

Broadway Group is seeking an area variance to reduce the number of parking spaces outside the store from the required 73 to 35.  In a letter with the application package, Jade Haynes, Dollar General's plan coordinator for the Northeast region, the company says operating 17,000 has given the company a significant amount of data to understand a store's parking needs.  The stores average 15 to 20 transactions per hour.

"We have estimated and confirmed that 35 spaces will accommodate the customer flow rate that our business generates," Haynes states. "This standard has also been sufficient for traffic generated at peak Christmas season levels."

The application notes that the property is large enough to accommodate more parking spaces but that more spaces are unnecessary for the business. 

"Less asphalt improves drainage and allows for more green space," the application states.

A staff member with The Broadway Group wrote on the application that the project will "bring new life" back to a part of Darien that is currently marked by a building that has fallen into disrepair. 

"This is not a destination location," the application states. "The proposed development will serve traffic that already uses Broadway Road as a means of transversing to and from work or home."

The only other item on Thursday's Planning Board agenda is site plan review for a new contractor's yard at 9904 Alleghany Road, Darien. The staff is recommending approval with modifications.

The Planning Board meets at 7 p.m.Thursday in the large conference room of County Building 2, 3837 W. Main Street Road, Batavia.

Top photo: Via Google Street View.

Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop

By Howard B. Owens

Cassandra L. Elmore, 30, of Batavia, is charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd, uninspected motor vehicle, and insufficient tail lamps. Elmore's vehicle was stopped on Aug. 30 at 2:37 p.m., on Ellicott Street, Batavia. Elmore was allegedly driving on a suspended license. During a search of the vehicle, Elmore was allegedly found in possession of two sets of metal knuckles as well as various items of drug equipment.  Elmore was processed at Batavia PD headquarters and released on an appearance ticket. Previously: Woman charged after dog treated repeatedly for narcotics overdoseVet told police Oddey was showing signs of drug intoxication during emergency visit; Elmore asks for more time 

Devin W. Blackshear, 23, of Batavia, is charged with harassment 2nd. Blackshear is accused of pushing and hitting another person during an argument on Aug. 31 at 6:01 p.m. at a location on Oak Street, Batavia. He was issued an appearance ticket.

Alexander C. Colon-Colon, 28, of Batavia, is charged with criminal mischief. Colon-Colon is accused of pouring bleach on the property of another person during a dispute reported on Aug. 28 at 7:08 p.m. at a location on Central Avenue, Batavia. He was arraigned in City Court and released.

Tammy L. Cicatello, 52 of Batavia, is charged with criminal possession of a controlled substance 7th. Cicatello was allegedly found in possession of crack cocaine during a traffic stop on Aug. 26 at 8:52 p.m. on Pickthorn Drive, Batavia.  She was issued an appearance ticket.

Latoya D. Jackson, 36, of Batavia, is charged with harassment 2nd, endangering the welfare of a child, and criminal contempt 1st. On July 28 at 6:45 p.m. at a location on State Street, Jackson violated a stay-away order of protection and attempted to strike an individual with a closed visit while that person had a small child in his stroller that she was pushing.  Jackson was arrested on Aug. 26 and released on an appearance ticket.

McKayla J. Kosiorek, 27, of Oakfield, is charged with petit larceny. Kosiorek is accused of stealing cash from two different cash registers while working at the Days Inn in Batavia. She was issued an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, is charged with criminal contempt 2nd. Stevens is accused of violating an order of protection on Aug. 26 at 6:21 p.m. at a location on Hutchins Street, Batavia. She was issued an appearance ticket.

Thomas F. Hofmeier, 21, no address provided, is charged with DWI and unlicensed driver.  Hofmeier was stopped on Sept. 2 at 1:07 a.m. on Alleghany Road, Darien by Deputy Jeremiah Gechell.  He was released on an appearance ticket.

Lucas Michael Countryman, 18, of Amherst Drive, Webster, is charged with DWI, driving with a BAC of .08 or greater, and failure to stop at a stop sign. Countryman was stopped on Aug. 25 at 10:55 p.m. on Clinton Street Road, Batavia, by Deputy Trevor Sherwood.

Courtney Lynn Hewitt, 41, of Webber Avenue, Oakfield, is charged with harassment 2nd. Hewitt is accused of striking a person in the head with a lamp on Sept. 4 at 1:30 a.m. at a location on Webber Avenue, Oakfield. She was issued an appearance ticket.

Jacob Jeter Bedard, 24, of West State Street, Albion, is charged with aggravated harassment 2nd. Bedard is accused of using electronic communications with another person for no legitimate purpose, causing alarm and annoyance, after being specifically instructed to cease all communication with the individual. Bedard was arraigned in Town of Batavia Court. An order of protection was issued. 

Jerry D. Walls, 58, of Albion, is charged with bail jumping 3rd.  Walls was arrested by State Police on Sept. 3 at 11:30 a.m. in the Town of Oakfield and ordered held on bail. No further details released.

Christopher S. Parker, 35, of Stafford, is charged with felony DWI, aggravated DWI with a child in a car, and endangering the welfare of a child. Parker was stopped on Sept. 3 at 1:22 p.m. in Pavilion by State Police and released on an appearance ticket. No further details released. 

Fully involved mobile home fire reported on Swamp Road, Byron

By Howard B. Owens

A fully involved mobile home fire is reported at 6972 Swamp Road, Byron.

The caller doesn't believe anybody is at home.  No cars in the driveway.

Byron, South Byron dispatched.  

The chief has requested a second alarm.  

Bergen, Elba, Oakfield, Stafford, and City of Batavia's Fast Team dispatched for the second alarm.

UPDATE 11:39 p.m.: Barre and Brockport were being dispatched to provide tankers but the chief on scene said the tankers can be canceled and requests a fill-in at the Byron Fire Hall.

UPDATE 12:05 a.m.: Stafford is filling in at Byron's hall.  Le Roy is going to fill in at South Byron's hall. The fire has been knocked down.  National Grid requested to the scene.

UPDATE 12:07 a.m.: A fire investigator requested to the scene.

 

Summer's Swan song draws neighbors together for block party

By Joanne Beck
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When Jerry Smith Jr. moved to Batavia 32 years ago, he enjoyed the friendly, active vibe.

The then-8-year-old Smith would visit the Wing Ding with family and friends, eat good food, enjoy fun activities, and be part of a community spending time together.

He has missed those summer get-togethers of his younger days, he said and decided to do something about it.

Smith organized a block party in his South Swan Street neighborhood Saturday.

“Definitely, when COVID came, people were more separated. It’s the last weekend of the summer to get together,” he said while serving as DJ and selling commemorative T-shirts under a tent in front of his home. “Bringing people together is always my vision. I’ve always been doing this.”

Although the party was a first, Smith has walked his talk as a youth coach for groups such as Batavia Bulldawgs, organizing three-on-three basketball tournaments, “old school barbecues,” and other similar events, he said. When asked if he had family at the event, with outstretched arms, he said, “Pretty much everyone here,” he said. “They’re all family.”

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“Hopefully we can make it a bigger event next year, on the last weekend of the summer,” he said.

He estimated about 100 people had attended the first portion of the event, and more were certain to show up later, when The Songbirds, Ray Williams and the All-Stars, and Tray da Don would take to the makeshift stage for live performances.

Smith’s mom, Willeen Woods, sat nearby under another tent as Michael Jackson and other energetic musical artists filled the air from nearby speakers.

“It’s a good day,” Woods said. “I think it’s a good thing.”

After polishing off a hotdog and other foods available by four or five vendors, 10-year-old Derrick Ponder agreed with Wood’s assessment.

“It’s good,” Derrick said, adding that he knows a lot of people at the party. “People are getting together.”

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He would come again next year, he said, as he ran off to play with some other kids there.

Myrin and Dannielle Lumpkin live just around the corner, and they had a tent with some fried chicken, and are known for their barbecued, soul and Caribbean fare. The Lumpkins own Mama Dee’z, and have been happy with the interactions and feedback they’ve received at recent events, Myrin said.

“It’s a beautiful thing, this is a nice small town. It’s a beautiful thing when people come together,” he said. “I think it’s worth it. Everything they’re having, we’re going to be there.”

The catering company — soon to be a restaurant with dine-in and take-out available, he said — was at the Italian Festival and plans to pitch a tent at many more warm-weather events in the future.

“We’ll do this again,” he said. “We’re looking forward to the Italian Fest next year, we liked that.”

Any food that doesn’t get sold is given away, he said, to folks who may appreciate some good home cooking.

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One attendee who asked to remain anonymous wasn’t quite as enthusiastic about the block party. The “community of Batavia is not getting together,” she said, pointing to what she felt was the lack of diversity at the event. Smith disagrees with that statement.

"I thought it went very well," he said Sunday. "And it was diverse."

Those that did attend seemed to be enjoying themselves, feasting on saucy chicken wings, grilled, barbecued and fried items, talking and joking around with each other and taking in the 80-plus sunny day.

Several years ago, a city initiative was to help organize block parties throughout Batavia. While some streets latched onto the idea of a neighborly gathering, others formed neighborhood cleanups. It didn't blossom universally in the city, but there have been sporadic events ever since, including a block party earlier this summer on the city's east side.

Hopefully, for Smith, his end-of-summer Swan (Street) song brought some of those fond memories back as a first step toward an annual tradition.

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Top photo:  Organizer Jerry Smith Jr., aka Venue Entertainment, serves up some music at the first-ever Swan Street block party Saturday in Batavia. June June Woods and Carline Santiago keep busy at their food station; Hanna Woods checks out the commemorative Block Party T-shirts that state on the back: Southside Thang; Tyrone Woods enjoys some vendor street fare; and above, Terry Smith fries up some chicken.

It's all about smiles and happy faces at Dwyer Stadium on concert night

By Howard B. Owens

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When people leave Dwyer Stadium laughing and smiling, Robbie and Nellie Nichols know they've done the right thing, whether it's after a concert, a Halloween costume party, or a baseball game.

Special events at the stadium aren't about making money, Robbie said.  In fact, the two concerts the Nichols hosted this summer were costly and a lot of work, that's why there are only two of them. But they fulfill a mission and keep a promise, he said.

"For us, it's not about the money," Nichols said. "It's about us seeing people having a good time at the stadium and us keeping our word when we signed the lease for Dwyer, that you would see more than just baseball there."

On a golden summer evening on Saturday, Dwyer was filled with the happy vibe of Zac Brown fans there to see the Rochester-based Zac Brown Tribute Band.  Frowns were impossible to find on the infield grass or in the stands or in the concession area where Robbie Nichols himself was serving up cocktails in palm-tree-top plastic containers and tall cans of beer.

The good times had by all might also help fill up the stands during Muckdogs games, Nichols acknowledged.

"Maybe 50 percent of the people there had never been to Dwyer before," Nichols said. "A lot of people came from Buffalo and Rochester.  I just want people to get used to coming to the stadium. I had a couple of people say they didn't know the stadium was this nice and that they will definitely be back for a Muckdogs game."

Given the amount of work and expense that goes into putting on a concert, there won't be any more shows at Dwyer this year, but given the success of the two events this summer, Nichols plans on doing it again next summer once the baseball season is over.

"I think my wife and I like to see people happy and having a good time," Nichols said. "We like seeing smiles on their faces, and I think we accomplished that with these concerts."

The next events at Dwyer are a baseball camp hosted by GCC and Geneseo College playing a ball game against alumni, and then there is the Alzheimer's Walk on Oct. 1, followed by the Halloween bash, which was a big success last year, on Oct. 22.

Photos by Howard Owens

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Robbie Nichols

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Bergen entrepreneur a Top 20 for Grow-NY competition, to compete in November for $1 million

By Joanne Beck

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Paul Guglielmo was sitting at his desk chatting with wife Ryann while he multi-tasked with emails, and spotted one message in particular.

He apologized for the expletive.

“I think I literally went ‘holy s—, I think we got selected for Grow New York,” Guglielmo said during an interview with The Batavian. “The realistic future of the next five years or so … this would accelerate it from a five-year plan to become a two-year plan.”

Earlier this summer, at the end of June, Guglielmo, CEO of Craft Cannery in Bergen, submitted an application for the 2022 Grow-NY competition. He was one of 390 entries. Touted as one of the biggest food and agriculture business competitions in the world targeting companies in the Finger Lakes, Central New York and the Southern Tier, Grow-NY provides opportunities for business owners to go on to a final competition with prizes of $250,000 up to $1 million for business investments.

Guglielmo attended last year’s event and ended up watching every single one of the 20 finalists. They each gave a 10-minute pitch, followed by five minutes of questions from the judges. Think: Shark Tank minus Mark Cuban.

He was impressed, to say the least, with those contenders, and thought ‘how smart’ they all were. It didn’t seriously cross his mind to enter until after a trusted friend and mentor suggested that he go for it. Tom Riggio, who is also his business partner for Craft Cannery, helped Guglielmo with the application.

“We sat down together and went through the application, and kind of punched it up,” Guglielmo said. “There was an option to add a video.”

As it turns out, a prospective company asked for some help to make a batch of new sauces at Craft Cannery. The company had someone who could shoot videos, so they bartered to make some sauce and record a video for the competition.

Guglielmo, who is also founder and CEO of Guglielmo Sauce, said he felt pretty confident going into it at that point. He had the two-minute promo and his own experience and knowledge of what he has — a two-year-old company that began with three employees and now has 10 — and the potential for so much more to double his staff, he said.

He will attend an orientation and get a mentor and a coach to prepare until the final competition on Nov. 16 in Syracuse. His pitch, not quite yet fully fleshed out, is three-pronged:

1. Funding us means funding the creation of other businesses.

“What I love about us is you’re funding all of these other businesses too, at least a few a month,” the 39-year-old said.

2. In order to service our bigger customers, we need the equipment.

3. Sustainability: Craft Cannery takes tomatoes deemed inappropriate for the retail market (they don’t look perfect) and uses them to make “perfect” sauce. By working with Intergrow Greenhouses, there is a potential to process 500,000 pounds of tomatoes that otherwise get tossed due to aesthetics.

“We rescue a couple tons a week of tomatoes headed to the dump … they’re undersized, oversized, and didn’t look good,” he said. “If we were operating in pure perfection, we could do about 200,000 pounds a year. I want to do all 500,000 pounds.”

Right now the company is doing much of the prep work by hand — scrubbing tomatoes, for example — and larger processing equipment would streamline that for more efficiency and ability to take on more product, he said.

Guglielmo’s vision is to create an entire line of New York State grown tomato products, with a full slate of crushed, chopped, diced and sauced versions of the red fruits. All of these plans need an infusion of money to expand the physical footprint of the business and fill a production room with equipment, such as large high-pressure hot water containers that spin tomatoes on metal wheels to peel off their skins and remove the seeds for puree and other similar seedless items.

He could easily spend the top $1 million award, Guglielmo said, but would be grateful for any amount, and is going into the final competition an optimist.

“I’m literally speaking out loud, talking to myself in my car. I want to bring some energy to the room, being energetic and enthusiastic without being corny,” he said. “Worst-case scenario, we come out of it with a really fine-tuned plan.”

Empire State Development is funding the competition through its Upstate Revitalization Initiative connected with the three regions—Finger Lakes Forward, CNY Rising and Southern Tier Soaring. Cornell University’s Center for Regional Economic Advancement is administering the competition.

Craft Cannery specializes in taking recipes from individuals, restaurants or food production brands, and adjusting it for large production. Customers range from marinara sauces to oils to hot sauces and BBQ sauces to salsas for brands across the region. It’s the exclusive production facility for Guglielmo Sauce, Sticky Lips BBQ, Old Pueblo Grill, Coach Tony’s, Uncle Ralph’s, Red Osier and dozens of other high-profile food brands.

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File Photo of Paul Guglielmo, CEO of Craft Cannery in Bergen, by Howard Owens.

Law and Order: Rochester resident accused of fleeing from deputies in Bergen

By Howard B. Owens

Anthony Louis Liberi, 50, of Burrow Street, Rochester, is charged with unlawful fleeing a police officer in a motor vehicle 3rd, reckless endangerment 2nd, obstructing governmental administration 2nd, reckless driving, and failure right of way to an emergency vehicle.  Liberi is accused of fleeing from deputies attempting to make a traffic stop at 12:33 a.m., Aug. 27, on Buffalo Road in Bergen. The pursuit ended when Liberi's vehicle struck a median and his vehicle become disabled in the Town of Gates.  Gates PD assisted in the pursuit.  He was arrested by Deputy David Moore and Deputy Nicholas Chamoun.

Thea Mauritia Irons, 29, of Oak Street, Batavia, is charged with petit larceny. Irons is accused of shoplifting at Walmart on Aug. 29 at 5:02 p.m. and was arrested by Deputy Zachary Hoy. She was released on an appearance ticket.

Donald S. Lewandowski, 44, of Pembroke, is charged with DWI. Lewandowski was stopped by State Police on Main Road, Newstead, on Aug. 23. According to State Police, Lewandowski failed a field sobriety test. He was processed at SP Clarence following his arrest where he allegedly refused a chemical test.  He was released on an appearance ticket.

Stanley F. Piasecki, 61, of Alexander, is charged with DWI. Piasecki was stopped at  DWI checkpoint on Broadway in the Village of Alden. State Police say he failed a field sobriety test.  He was arrested and transported to SP Clarence for processing where he allegedly recorded a .11 BAC. He was released on an appearance ticket.

Alfred A Wasielewski, 63, of Pembroke, is charged with DWI and refusal to submit to a breath test. Wasielewski was stopped at a DWI checkpoint on Aug. 25 on Route 33 in the Town of Alden.  He allegedly failed a field sobriety test. He was issued an appearance ticket and released.

Wear your hard hat downtown: Batavia is (happily) a construction zone

By Joanne Beck

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Even though the end of summer is now upon us, construction marches on for as long as the weather permits.

Batavia Development Corporation Director Tammy Hathaway recently reviewed a list of projects — from completed and in progress to still in the design phase — throughout downtown.

Hunt Real Estate’s new home at 97 Main St. is set for its debut with a ribbon-cutting ceremony on Tuesday while architectural and design firms are working out details for a revamped Batavia City Centre and Jackson Square.

Ellicott Station — the $22.5 million project of 55 units within an apartment complex, office suites and a restaurant/brewery is coming along, Hathaway said, sharing that she and City Manager Rachael Tabelski had taken a tour of the south side construction zone.

Standing just outside of the four-story, naked wood complex, one can hear power tools and occasionally see workers on the top floor. Peeking through the window and door cut-outs, one can see traffic along Ellicott Street and businesses on the opposite side of the street.

The project is moving along swiftly, Hathaway said during the BDC meeting at City Hall.

“It’s a gorgeous building,” she said of the defunct Della Penna site that’s part of the project.

Theater 56 will be going into the next phase of construction at its new location in Batavia City Centre, she said. BDC member Pierluigi Cipollone asked if the project was still on course for year-end completion. “As far as I know,” Tabelski said.

Other projects are underway from 99 to 216 Main Street, including a $5.25 million "Carr's Reborn" renovation, and focus has been placed on 60 Evans St., known as Creek Park LLC, Hathaway said. The LLC company is a subdivision of Batavia Development Corporation: "BDC will take ownership of  Creek Park LLC for land development," she said. "To make the unknowns known."

For example, Savarino Companies went through Creek Park LLC for its Ellicott Station project, she said. There is also a piece of property called Creek Park that sits behind the ice arena on Evans Street.

“We’re working on getting that into Brownfield development,” she said.

Brownfields are identified for potentially needing remediation to remove toxic materials from those sites. There has been some interest in the site, so far, Hathaway said, and it's unknown right now whether remediation will be required, so that will need to be explored.

“It’s been extremely exciting lately,” she said. “I have a major crush on this job.”

Three different blocks of projects have so far tallied estimated investments of $2.4 million, $66 million, and $1.14 million, she said, for all of the above sites, plus the Healthy Living campus, which is also under construction, and Ellicott Place, which has been completed on top of the Save-A-Lot building at Ellicott and Jackson streets.

A majority of the $69.4 million investment has been from private developers, with the Downtown Revitalization Initiative, and New York Main Street grants providing about $10.8 million toward the cost.

“I would say to pack your hard hat and work boots because so much is going on with tours,” she said to the BDC members.

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Top Photo: Creek Park on Evans Street, Batavia, has been identified as potential development property; Ellicott Station developer Savarino Companies continues to progress toward a 55-unit apartment complex with 52 balconies, nine units dedicated to meet Americans with Disabilities Act requirements, 37 garage parking spots and 44 surface parking spaces, a laundry room, elevator, community room, bicycle storage and an enclosed ADA playground on Ellicott Street. Photos by Joanne Beck.

Batavia resident Jim Owen checks out the newly named BHS auditorium after his namesake

By Joanne Beck

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Jim Owen, in red, back row, a familiar face as a long-time substitute teacher at Batavia City School District and honorary Mayor of Redfield Parkway, visited the high school to check out the newly named Frank E. Owen Auditorium, dedicated to his late father for forging a new and successful music program at the district during his 37 years as music director.

Owen was not able to make last week's dedication in person, but he was present in spirit, and via a pre-recorded video message of how much the event and naming meant to him, emphasizing that it was in honor of his father, music students, teachers and all that use the State Street auditorium. Superintendent Jason Smith, left, and BHS Principal Paul Kesler, right, flank Owen in a group of Blue Devils students happy to join in.

Earlier this week during a Board of Education meeting, the board accepted a $5,000 donation from Owen. He gave it for "any enhancements in the Frank E. Owen Batavia High School Auditorum at the discretion of the district."

Photo submitted by the city school district.

Genesee County proceeds with 'staggering' $6.3 million water project for pumping station upgrades

By Joanne Beck

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Some of the circumstances are different, but Genesee County could be like Jackson, Mississippi if upgrades aren’t made.

Things might not be as harsh as the southern state is experiencing, but it’s a worthwhile scenario to keep in mind, county Highway Superintendent and Engineer Tim Hens says.

Hens shared that perspective with county legislators during a meeting Wednesday. He reviewed the last pieces remaining for the second phase of the county’s water project that began three years ago.

“This is the last significant piece of Phase Two required to get the full expanded capacity that we anticipated long ago,” Hens said. “And with the continuing supply chain disruptions and labor shortages and equipment delays, and everything that you can imagine under the sun in a post-pandemic world, every day and week that we can grab onto the schedule to advance these projects is much appreciated.”

He laid out two bids each for general construction and electrical work within this phase, selecting C.P. Ward, at $4.17 million for existing pump station upgrades, and electrical construction work to Concord Electric Corp. for $2.2 million, for a combined total of $6.35 million for the project. That is “a staggering double” figure to what pumping station upgrades would have been pre-COVID, he said.

“That’s obviously a significant pill to swallow,” he said.

The county received a $1.23 million grant, which isn’t nearly enough for that $6.35 total, and other options considered were to apply for another grant, or rescind the one received and go for a larger amount, plus obtaining a loan. The risky part of rejecting that grant money already in hand is that the county might not receive that larger request, he said, and the county cannot apply for a second grant on the same project.

Assistant County Engineer Justin Gerace was talking with New York State Environmental Facilities Corporation on Wednesday to learn how to go about applying for funding that is available through that state agency specifically for water, and he will be working on applying for a $2.7 million low-interest loan, Hens said.

“So Justin's already diving deep with the EFC on how to apply for that and when to apply for that,” Hens said.

That would alleviate the county from having to come up with that cash right now, he said.

Why such an overage from what was originally calculated, Legislator Marianne Clattenburg asked. It was a number of issues, including overly busy contractors, inflation, and supply chain and labor shortages, Hens said. Other than those reasons, “nothing substantially changed … nothing that significantly increased the cost.”

“It's probably the worst time to try and build anything,” he said.

Legislators — somewhat begrudgingly — agreed that it shouldn’t be put off any longer. Legislator John Deleo suggested that “kicking this can down the road” wasn’t a tactic that will accomplish anything. Fellow Legislator Gary Maha agreed.

“I don’t think we have any choice but to keep going,” Maha said.

The group unanimously approved:

  • A construction contract as specified in the bid documents for the existing pump station upgrades – General Construction — to C.P. Ward, Inc., 100 West River Rd, Scottsville, for a total amount not to exceed $4,166,000.
  • A construction contract as specified in the bid documents for the existing pump station upgrades – Electrical Construction — to Concord Electric Corporation, 305 Pinewild Drive, Suite 4, Rochester, for a total amount not to exceed $2,185,000.

The total cost of both contracts is $6,351,000 and will be funded from the bonds issued by Monroe County Water Authority for the Phase 2 construction and grants secured by the county under the IMG program offered by the state Environmental Facilities Corporation.

As for the turnaround time, Hens said “realistically,” completion would be around the end of 2023 into 2024.

“It’s going to be a long project,” he said.

If the work isn’t done, however, Genesee County could be looking at — instead of close calls during hot, dry summers — actually running out of water due to the pumping stations’ current production abilities, he said. Poor infrastructure and lack of upkeep has led citizens of Jackson, Miss., into a dire situation with no drinkable water, and although that’s due to the actual quality of water due to flooding, it’s a lesson to be learned, he said.

“So for the last three years, we've been kind of maxed out on our water supply. And then the few hot dry days we get in the summertime, we're tapped out, we don't really have a lot of water to go around,” he said. “So the last couple of summers we have been asking people to save water, not water their lawns, not fill their pools. It usually ends up being like two or three weeks of summer. But until these pumping stations are completed, we're gonna have the same thing happen again in 2023.”

The problem with a continuous message to conserve water use, he said, is that people eventually tend to ignore it. He becomes “the boy who cried wolf,” since there hasn't been an actual water shortage that they can see. Hens argues that it’s because of the messages and cooperation from at least some folks to conserve, that the well has not run dry, so to speak.

“We have a water supply in Genesee County, it’s just that we're using everything that we produce. Okay, so this phase two project that we've been working on since 2019, is designed to increase our supply from Monroe County. So it's basically bringing another two and a half million gallons a day into Genesee County from farther away," he said. "So these pump stations are the last piece of the puzzle to get that water here. Once these four projects are done again, which will be a year, year and a half away, we won't have to do the emergency water restrictions every summer, hopefully, for a while.”

Photo: Genesee County Highway Superintendent and Engineer Tim Hens answers questions from The Batavian in the lobby of the Old Courthouse after a meeting with the county Legislature. Photo by Joanne Beck.

Clock is ticking as Le Roy's first day of school approaches and work remains to be done

By Howard B. Owens

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It's coming down to the wire at Wolcott Street School, as several items in the district's $12.1 million capital improvement project are not yet completed and students are set to return in less than a week.

Superintendent Merritt Holly isn't too worried about all of the important things to be done before students return on Wednesday. Although he can pick up the phone for a contractor, he's not ready to pick up a hammer himself, he said.

"It would be worse for everybody," he told the Board of Education during Monday's meeting.

The contractor has had to deal with a shortage of workers, Holly said. For example, there's been one guy to lay all the tile in the remodeled bathrooms next to the gym.

"When you have one laborer doing tile, what more can you do?" Holly said. "Probably they'll tell you how lucky, you got one laborer. He was darn good at laying tile but he's one person."

The main thing with the bathrooms is having the partitions in place, and nobody expects a problem with completing that task on time. But even so, with one bathroom ready to go, that's all that is needed for the first day of school, he said.

The gym floor has been stripped and refinished but needs to be sealed before the first modified volleyball practice next week.

There are ceiling tiles to be put in place and general clean-up to finish yet, as well.

"Now we're down to four cleaning days left before kids are in the building, inside of classrooms," Holly said. "It's the responsibility the contractor to clean, and then we come in, check it to make sure it's up to standards, and then we finish it off."

As for the parking lot, it was supposed to be resurfaced on Monday. 

"They were here today and were ready to go," Holly said. "Then the rain came and they were gone."

Before the parking lot is ready, it needs to be resurfaced and striped.  The backup plan is to have staff park on the grass off Stanley Place.

As for how the contractors feel about the looming deadline, "they're saying they're not stressed at all," Holly said.

Top photo: Superintendent Merritt Holly and some members of the Board of Education in the hallway outside the Wolcott Street School gym explaining that eventually a mural will be painted along the wall that will tell the story of schools in Le Roy, starting with a one-room school house.

Photos by Howard Owens.

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One of the bathrooms next to the gym has partitions in place.

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The other one doesn't. Yet.

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One of the gym equipment storage rooms on the second floor of the gym wing of the building.

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The refinished gym floor still needs to be sealed.

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The tile is down in one of the locker rooms on the second floor of the gym wing.

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In the hallway outside the Memorial Auditorium, a new TV monitor will share school information and student accomplishments. 

Good Samaritan helps woman to safety at DeWitt after her kayak flips over in wind

By Howard B. Owens

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It seemed like a good day for fishing to Ron Beback, of Depew.

Beback was in town because he runs some horses at Batavia Downs.

He went to Horseshoe Lake first but the white caps on the water looked rough so he decided to switch plans and go to the DeWitt Recreation Area.

As he was unloading his gear at the shoreline, he saw a woman in a kayak.  On his next trip back, he noticed that the kayak had flipped over.

"The gentleman that was with her was yelling over to me, 'she's flipped over; can you go out to get her? Can you go out to get her,' and I was like, sure, let me get my life preserver on, so I ran up to my truck and got my life preserver."

By the time Beback reached her, she was tired, he said.  She was swimming against the wind, making no progress, and her life vest was slipping up over her head.

"I told her to hold onto the kayak and I'll paddle you over to the shoreline," he said.

He guided her to the island in the middle of DeWitt Pond.

Soon, City Fire and members of the Water Rescue Team arrived on scene and helped her back to the west side of the pond, where she was evaluated by medics.  She had no injuries, according to Batavia PD Assistant Chief Christopher Camp.

Camp said the wind had caused her kayak to overturn.

Photos by Howard Owens

PreviouslyCity rescue crews investigating report of kayaker in water at DeWitt

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Reentry grant program changes enable GCASA to reach more formerly incarcerated individuals

By Mike Pettinella

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Recent changes to the parameters of the federally funded offender reentry program are widening the path for formerly incarcerated individuals to receive services as they return to society.

Trisha Allen, (photo at right), coordinator of the reentry program at Genesee/Orleans Council on Alcoholism and Substance Abuse, said those changes include reducing the length of a person’s jail or prison sentence (actual time served) from three to two months.

“Previously, we were only allowed to support people who had been incarcerated at least three months – or were on a one-month or greater parole violation,” Allen said.

GCASA has a reentry residence for up to five men in the City of Batavia and a separate reentry home for up to three women in the Town of Batavia. Potential participants must be at least 18 years old.

Allen also reported that the geographic area for those to access GCASA’s program has been expanded from Genesee and Orleans counties to Livingston, Wyoming and other neighboring counties.

Started about three years ago, GCASA’s Reentry Program has provided numerous services to around 60 people, taking a “person-centered peer approach,” Allen said.

“We focus on the participant’s self-identified needs, goals, preferences and strengths, which means that each person’s process and experience may look different,” she explained. “Typically, we offer housing from three to six months.”

Allen emphasized that the goal of the program is to expand substance use disorder treatment, recovery and reentry services for sentenced adult ex-offenders with SUD, who are returning to their families and community following their incarceration.

She added that sex offenders and convicted arsonists are not eligible for reentry housing, but GCASA does support those individuals through other programs while living in the community.

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With the program primarily funded by a grant through the Substance Abuse & Mental Health Services Administration, services are free to participants. Health insurance is billed when allowable for healthcare.

After establishing eligibility and concluding the intake process, men and women immediately are moved into housing, whether it be at GCASA’s facilities or at emergency housing provided by the Department of Social Services or more permanent housing.

The list of services provided include applying for benefits at DSS if needed, securing food, applying for health insurance, setting and attending a substance use disorder assessment appointment, obtaining identification if needed, setting physical and/or mental health appointments, and discussion a plan for education, employment, income, family and other priorities.

“It’s important to point out that we also provide case management on a 1-to-1 basis and 24-hour peer recovery support,” Allen said. “Beyond that, participants have access to all of GCASA’s counseling, treatment and recovery services – including rapid access to Medication Assisted Treatment, Medication for Opioid Use Disorder, detoxification, residential, inpatient referrals and The Recovery Station (social programs).”

Reentry programs, for many years a part of the state’s Department of Corrections operations, have become popular throughout New York as a service of nonprofit, religious, for-profit and governmental agencies.

At GCASA. Allen’s staff consists of case managers Jason Rolle and Erin Cornell and assistants Chester Shivers and Taylor Peck.

“We’re constantly looking to make connections with the local jails and prisons and have been working with the parole and probation offices and DSS since the program’s inception,” Allen noted. “WE just started a peer-run support group at the Orleans County Jail on Fridays.”

Allen said that GCASA has openings at both the men’s and women’s residences. Referrals to the program can be made by contacting her at tallen@gcasa.org or 585-813-6570.

Disclosure: Mike Pettinella is the publicist for GCASA.

From volunteer to volunteer coordinator, Crossroads staffer has found her niche

By Joanne Beck

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Editor's note: This is the third part of a series about the new staff at Crossroads House in Batavia, which will celebrate its 25th anniversary in January.

Out of all the physical, hands-on training hours that Ashley Manuel conducts for new volunteers, they aren’t usually the most difficult part of the job.

“It’s the emotional,” Manuel said at the Crossroads House training site on East Main Street, Batavia. “I think the physical becomes secondhand. Probably the number one question is, ‘how do I act?’ Sometimes there’s no right thing to say. Yea, the emotional is hard.”

As volunteer coordinator for the nonprofit comfort care home on Liberty Street, the 33-year-old knows how to run through the drills: rolling residents over as needed; properly using an Ergo Nurse to pull them up the bed toward their pillows; and how to use a bedpan, empty a catheter container and swab the mouth.

As for those emotional moments when talking with patients and their family members, feeling the knee-jerk response of tears welling up, and feeling sadness, those aren’t quite so easy to navigate, she said. After all, the people at Crossroads House are usually at the end of their lives. They are called residents, and they’re people with thoughts, feelings, questions, fears, and sometimes unresolved family issues. In other words, they’re human.

“You fall in love with these people,” Manuel of Batavia said. “You sympathize, but it’s hard to rewire … I think it’s our innate nature to want to feed and take care of someone.”

Manuel has been learning her way through the house, as a volunteer, overnight aide and, as of June, volunteer coordinator. She became familiar with Crossroads when her grandmother stayed there in 2016. She saw firsthand what a “good death” can be: filled with the smell of home cooking, the sounds of her four children running around and playing, and a sense of peace in the air.

“Death is inevitable; why not make it a good one?” she said. “It feels more like family (at Crossroads).”

She has been recruiting via social media, a Bring a Buddy program for current volunteers and giving talks during church coffee hours. Of all of those techniques, it often comes down to word of mouth, she said. People just like her who experienced the house firsthand often come back to volunteer. There's always a need for more, she said, and there are many tasks to do besides hands-on care of residents, such as housekeeping, office work, gardening, raking leaves and shoveling snow.

As a volunteer, she was giving of herself, though it didn’t quite feel that way.

“I think I have a caregiver’s heart. I feel I get more out of it than the resident does,” Manuel said. “It’s humbling that they’ll let you take care of them, it’s very sweet.”

People looking at their final days often fall into similar patterns, she said. They will stop eating solid foods, and shift to liquids, popsicles or ice cream — “We eat a lot of ice cream,” she said. “And it kind of dwindles down.”

It isn’t always the resident who becomes most distressed about that regression from life, but the family, she said. Those innate desires to feed and nourish a loved one can be really strong, and it may become more difficult to acknowledge the truth. That’s all part of the education about what happens when the loved one does begin to move away from life-affirming activities, she said.

Taught by Crossroads founder Kathy Panepento, Manuel feels as though she was taught to fish. She has become more confident in her own abilities through Panepento’s experienced advice and now carries that onward to help others, Manuel said.

During family meetings, volunteers emphasize not to push anything on a resident, and that it’s OK to let the process happen. At that point, family members often display a visible sign of recognition, she said.

“That’s when you start to see the demeanor of the family change,” Manuel said. “They’re like ‘wow, this is real … this is happening.’”

She believes that pushing food on someone who is dying is an unnecessary weight, literally and figuratively.

“Food weighs us down,” she said. “The soul is trying to leave the disease.”

Part of the family educational piece is to encourage members to talk — about the good times and the bad times, she said. There are no rules, and there may be issues to deal with, talk about, and ideally resolve. It’s a vastly different atmosphere than a sterile hospital with doctors, IV tubes and machines, and Manuel encourages visitors to act normally, laugh, joke, cry, and get in bed alongside a loved one if prompted to do so. This is an opportunity for families to heal. 

“Every family has their (stuff), get it off your chest,” she said.

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All of what Manuel has soaked up will be wrung out for new volunteers to absorb. She feels fortunate to have the training house rental (a former rectory of St. James Episcopal Church) to conduct group and one-on-one training for all of the needs likely to come up at the actual site. She shows a movie about dying, discusses the origins of Crossroads and makes everyone do what they’re asked to do for residents — sit on a bedpan, run a swab around their mouths, use an oximeter, a gait belt, a denture kit, medicated bandages, Ergo Nurse and be rolled over in bed.

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Those lessons definitely involve how to physically perform each exercise, however, Manuel also wants them to grasp the importance of being gentle and maintaining each resident’s dignity throughout the course of his or her stay. And of course, there’s the emotional part.

“I always have the tissues out when we watch the movie,” she said.  “We love our volunteers, they do so much. Someone asked me ‘are we allowed to cry?’ Yes. I’ve sat and cried with many families."

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Crossroads House Volunteer Coordinator Ashley Manuel shows some of the items that volunteers learn to use during training at the training home on East Main Street; the home is fully equipped with training materials, supplies, equipment and a bed for ample practice. Photos by Joanne Beck.

What's old is new again: Robert Morris back in action for fall

By Joanne Beck

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City school board members went back to school Monday evening.

They took a tour of the work-in-progress at Robert Morris — closed a decade ago as an elementary site — which will now be operating in full force this year for pre-school and universal pre-kindergarten students after a $225,000 investment so far.

“Pre-school numbers have almost doubled,” Superintendent Jason Smith said during a presentation before the tour. “We had a hard time finding programs to service these students.”

A Little History
District officials decided to close Robert Morris Elementary School in 2012 after it was deemed a savings measure and more efficient to consolidate and students and teachers at to Jackson Primary and John Kennedy Intermediate. The building was used either for district needs (public relations, information technology), or rented out to various organizations, including BOCES, a daycare, 56 Harvester Center, and Arc.

Pre-school numbers began to rise, and the need for space rose with them, Smith said. That resulted in rethinking the use of Robert Morris. After receiving comments that Jackson Primary was getting pretty tight due to increased enrollments, the district bumped up first grade’s eight sections to 10, which then created a need for additional space at Jackson. Four UPK sections are therefore being moved to Robert Morris.

Current Times
Using state funding and grant monies, the new offerings have shifted the physical and philosophical layout of Robert Morris at the corner of Union Street and Richmond Avenue. As Trisha Finnigan, executive director of staff development and operations, said, “we’re using every nook and cranny” of the three-floor building to make the best use of all areas.

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The main entrance will be on the east side of the school next to the parking lot, and children will exit on the opposite side at a bus loop. Classrooms are being reconfigured, including a former library, and Community Schools hours will align with the presence of security aides.

There will be five classes to support a total of 64 students in preschool for preschoolers with disabilities who will receive services in a self-contained setting and an integrated classroom with general education students. These students can be three years old for the entire school year and require more intensive interventions through special education.

Board member Alice Benedict asked Finnigan if they’ve considered labeling it something other than preschool since it is so similar to UPK ages.

“We try to be very cognizant of calling it a special education program because there are those two school classrooms also that have general education students, so we don't want people to think that they'd be getting something different than other classrooms,” Finnigan said. “And we'd like to be inclusive when we talk about what we're doing. So it is kind of nice to know that they're not just here alone. Right? They may have been if we hadn’t done this.”

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A UPK grant of $672,719 funds up to 112 students — 72 full-day and 40 half-day slots. The district has a waiting list for parents that want full days for their children, and “we are applying for an expansion grant that would convert half-day slots to a full-day slot,” Smith said.

The district is working with Genesee, Orleans and Wyoming counties to support the regional need for preschool students, and there are 28 enrolled in special education at Robert Morris.

A current Student Transition And Recovery (STAR) program has been moved to the third floor, and the cafeteria has been reopened and prepped to provide meals in classrooms and cafeteria style, Smith said. There has been deep cleaning of the kitchen and cafeteria space, a review of the status of equipment and electrical/plumbing infrastructures, and purchases or upgrades of necessary equipment and supplies.

New staff includes four UPK, seven preschool teachers and 11 teacher aides, plus related service providers for occupational, speech and physical therapies; school resource officer, nurse, administrative, custodial and security aide support. The board approved those new positions during Monday’s regular meeting as part of a long list of additional staff for elementary, middle and high schools.

Security aides, many of whom are retired police officers, are throughout the district for extra safety measures, Smith said. They will provide 15 hours a week at Robert Morris, plus the presence of a school resource officer.

Cost of Change
To date, the district has spent $225,000 to get RM up and running, Business Administrator Scott Rozanski said.

Within that total:

  • $93,000 will be funded by a UPK grant for classroom furniture and interactive boards;
  • $20,000 to be funded by a School Lunch Fund for a dishwasher, garbage disposal, refrigerator and various carts; and
  • $112,000 from the General Fund for carpeting, cabling, a copier, classroom furniture, desks, chairs, intercom, dehumidifier, public address system and emergency lighting upgrades. 

Registration has been moved from the Robert Morris site to the high school administrative wing to reduce foot traffic, and an administrative office will be available on site near the UPK entrance.

Other work performed has included upgraded cabling, interactive boards, cleaning out storage areas, and transferring viable furniture from Jackson to Robert Morris. Walls have been patched, painted and/or repaired in class and bathrooms, carpeting has been replaced, air and asbestos tests conducted in the basement and library, a new intercom and telephone lines installed, and assorted repairs made to vents, plumbing fixtures, and electrical components and new water lines added as needed.

The first day of school is Sept. 7 for all students.

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Top photo: City school board member Alice Benedict, left, Superintendent Jason Smith, and board members John Reigle, Jenn Lendvay and Korinne Anderson begin their tour at the east entrance of Robert Morris Monday evening. Trisha Finnigan, executive director of staff development and operations, walks the group through several pre-school and UPK classrooms, and an integrated services room for occupational, speech and physical therapy, shown, as Board President John Marucci takes a peek over a makeshift wall. Photos by Joanne Beck.

 

Basom man who admitted to assault in scuffle that injured deputy given seven-year term

By Howard B. Owens
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Justice Coniglio

Justice Coniglio expressed a little surprise after Judge Melissa Lightcap Cianfrini sentenced him to seven years in prison on an assault conviction.

His understanding from his previous court appearance was that if he followed the judge's orders between the time of his guilty plea and his sentencing, he would get a reduced sentence.

That didn't happen and he wanted to know why.

Cianfrini indicated that wasn't how she remembered the previous appearance but called a recess so the transcript of the prior hearing could be reviewed.

It appears Coniglio misunderstood the judge's instructions.  

Coniglio's plea deal was for his sentences on assault and grand theft to run concurrently if he made his court appearances and stayed out of trouble.  If he didn't, then the sentences could run consecutively. 

In June, Coniglio entered a guilty plea to assault stemming from a July 23 incident on Bloomingdale Road in Basom where law enforcement came to his residence to arrest his brother Jarrett Coniglio for allegedly hitting a neighbor over the head with a bottle.  A scuffle ensued and a police officer was bitten by a K-9.

Defense Attorney Jeremy Schwartz said his client has a drinking problem and that he had been drinking that day.  The police officer who was there to arrest Jarrett, he said, wasn't dressed in a police officer's uniform. In Coniglio's drunken state, he said, he didn't understand the man was there lawfully to arrest his brother.

"I don't think he intended at all to stop an arrest," Schwartz said. "In his intoxicated state, he probably thought he was doing the right thing."

He said his client now recognizes that he was wrong.

That explanation didn't persuade Cianfrini to give Coniglio a lighter sentence.  She told him he was going to prison for seven years on the assault charge.

On the grand theft charge, regarding a vehicle that was reported stolen after it was involved in a fatal collision on Dec. 1 in Erie County, Cianfrini sentenced Coniglio to three to seven years in prison, to run concurrently with the assault term.

In the fatal accident in Erie County, Coniglio has admitted to vehicular manslaughter and will be sentenced in Erie County on Sept. 9.  That is a possible prison term of six to 12 years. Coniglio is accused of having a BAC of .18 percent or greater at the time of the accident.

Judge rejects plea deal in child sex abuse case, sets trial date

By Howard B. Owens
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Wesley Thigpen

A man who admitted to child sex abuse in 2019 only to face new sex abuse charges two years later, came into Genesee County Court today expecting to be told he would spend at least another 10 years in prison, not, potentially, the rest of his life.

But a life sentence is now a real possibility after Judge Melissa Lightcap Cianfrini rejected the guilty plea of Wesley N. Thigpen from last May, which came with a 13-year sentence cap as part of the plea deal.

Cianfrini decided to reject the previous plea agreement after receiving numerous letters from family members of a victim, and law enforcement expressing dismay at what seemed to them an inappropriate sentence.

The judge said she also reviewed the pre-sentence report by the Probation Department and found it "woefully inadequate." 

So she asked Assistant District Attorney Joseph Robinson if he had a new plea offer, and Robinson did.

Thigpen is being given time to consider an offer of a guilty plea to predatory sexual assault against a child, a Class A-II felony, with a sentence of 10 years to life.

If he rejects the offer, his case will go to trial on Feb. 4.  He has until 11 a.m., Oct. 3 to decide.

In January, Thigpen was indicted by a Genesee County Grand Jury on four counts of predatory sexual assault against a child. 

The indictment accused him of engaging in oral sexual conduct with a person less than 13 years old while he was at least 18 years old or older between the dates of June 1, 2014, and Aug. 31, 2014. He is accused of engaging in two or more acts of sexual conduct with a child less than 13 years old over a period of time not less than three months.  He is accused of engaging in sexual intercourse with a person less than 13 years old.

In September 2019, Thigpen entered a guilty plea to a child sex abuse charge with a four-year prison term agreement.  He entered the plea on an "Alford basis," meaning that he believed a jury would convict him based on the evidence that would be presented at the trial but not admitting that he actually committed the crime.  He accused the child witness of lying.

Cianfrini was first assistant district attorney at the time and prosecuted the case.

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