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United Way of Greater Rochester and the Finger Lakes kicked off its 2022 campaign this afternoon with a presentation on YouTube that featured reports from its six-counties, including a message from Tammy Hathaway, director of United Way of Genesee County.

The organization expanded during the summer to encompass Genesee, Monroe, Livingston, Wyoming, Wayne and Ontario counties, and now solicits donations on behalf of 190 human service providers.

Speaking from the YWCA in Batavia, Hathaway, who also serves as the United Way’s senior resource development manager, credited Genesee County residents for stepping up to the plate in a big way over the years.

“I’m always amazed by the dedication of our donors and volunteers here in Genesee County,” she said.

She introduced Amber Lingenfelter, United Way community resource & volunteer engagement manager, who spoke about the Volunteer United program.

“Volunteer United is an online matching platform that allows you to filter through various volunteer opportunities based on your interest, passion, skills and availability,” she said. “You can also sort by in-person opportunities or virtual opportunities near you.”

For more information, go to www.unitedwayrocflx.org/get-involved/volunteer.

This year’s campaign, “Make Way For Good,” is being chaired by Frank Hamlin III, president and chief executive officer of Canandaigua National Bank & Trust.

Hamlin announced that his company will match all new and increased donations this year up to $500,000 as he and his volunteer team seek to raise $32 million again in 2022.

The 2021 campaign, led by William Goodrich, chief executive officer of LeChase Construction Services, raised and leveraged $32.1 million, broken down as follows:

• Annual Campaign (includes six-county region) – $20.6 million
• Community grants, ROC the Day, Community Initiatives – $9 million
• Other giving – $2.5 million

Today’s presentation featured a livestreamed welcome from Jaime Saunders, the organization’s president and chief executive officer.

Photo: Screenshot of pre-recorded video featuring Amber Lingenfelter, speaking from the YWCA of Genesee County. Former Genesee County Manager Jay Gsell is in the background.

The power of private/public partnership is about to make a difference for the K-9 units of local law enforcement agencies.

Batavia’s Home Depot and CountryMax stores have come together to provide the materials and labor to construct a K-9 obstacle course at the Genesee County Fire Training Center on State Street Road.

“These businesses came to us and said they want to provide these services to Genesee County at no cost to the county,” said County Manager Matt Landers, speaking about a resolution approved today by the Genesee County Legislature’s Public Service Committee to accept the donations. “The course will be used by the Sheriff’s Office, City of Batavia Police and State Police K-9 officers.”

According to the resolution, Home Depot will donate building materials through a grant from The Home Depot Foundation – estimated value of $3,232 – and CountryMax Stores will provide the labor required to construct the course. The layout will be utilized by K-9 units for training purposes to simulate obstacles they are likely to encounter in the field during deployments.

Landers said the course, which will be owned by Genesee County, will be built to last “through multiple seasons.”

In other action related to the Sheriff’s Office, the committee approved the creation of a Public Safety Systems Manager position while eliminating the Communications Coordinator job that was held by the recently-retired Russ Lang for 33 years.

“The responsibilities of the open position really warrant a change in title,” Landers advised. “This was reviewed by the Sheriff’s Office and Human Resources, and they were in agreement that the new position better reflects the responsibilities of the position in the Sheriff’s Office.”

Per the resolution, the cost associated with this new position is covered by the previous Communications Coordinator salary accounted for in the 2022 budget.

Both PSC approvals are subject to ratification by the full legislature later this month.

File photo: Genesee County Sheriff's Office K-9 unit -- Deputy Andrew Mullen and Frankie, left, and Deputy Jim Stack and Rayzor. Photo by Mike Pettinella.

The Genesee County Legislature’s Public Service Committee this afternoon approved two measures connected to the to design and right-of-way aspects of the mostly federally-funded South Lyon Street Bridge replacement project in the City of Batavia.

The first resolution amends the capital project by $23,000 ($4,500 in local funding) to pay for a supplemental agreement with Fisher Associates of Rochester for additional ROW consultant services, and the second resolution is for the county to purchase two parcels needed to complete the project.

If approved by the GCL’s Ways & Means Committee and, ultimately, the full legislature, the county will pay $4,000 to Aaron Howland and $1,900 to BGW Properties LLC for the land.

The amended project total is $659,933, and is to be funded with 80% federal aid and a 20% match from local 1% sales tax revenue.

In other action, the PSC recommended approval of the following resolutions:

• Intermunicipal agreements with the Town of Alexander Water District No. 6 and Town of Bergen for improvements that will advance Phase 3 and Phase 2, respectively, of the Countywide Water Project.

The county will reimburse the Town of Alexander an estimated $231,863 per year for 38 years for the town’s installation of a water main and construction of a water storage tank that benefits the countywide system.

Genesee will reimburse the Town of Bergen for $38,000 in cost increases related to a previous agreement for the upgrades of certain water mains constructed by the town in Water Improvement Benefit Area No. 1. The increase brings the total eligible for reimbursement by the county to $85,000.

• Acceptance of a $50,000 grant secured by Assemblyman Stephen Hawley from the Dormitory Authority of the State of New York to assist in the restoration of stonework at the Genesee Justice (County Jail) building at 14 West Main St.

County Engineer Tim Hens said the extensive project could cost as much as $1 million. Necessary work includes repairs to the damaged front porch, repointing/resetting of stones on the historic front part and repairs to the built-in gutters, fascia and soffit.

“The last time we tried to bid the project it was nearly $500,000, but I'm guessing it might be closer to a million,” Hens said. “We are having a construction estimate being generated by third-party consultant before trying to bid.  We are also trying to secure additional grants.”

• Amendment of the Genesee County Airport apron reconstruction project upon receiving word that the Federal Aviation Administration would be increasing its funding and no longer would require state or local aid.

As a result, $75,866 will be returned to the county, with the FAA picking up the entire $1.5 million cost of the project due to an increase in COVID funds dispersed to localities.

The committee also voted in favor of the following capital projects for 2022, to be paid for through the 1 percent sales tax fund: Holland Land Office Museum Restoration Study, $45,000; Courts Facility Boiler, $39,000; Highway Fuel Farm Upgrade, $35,264; Countywide HVAC (Heating, Ventilation, Air Conditioning) Controls Upgrade, $225,000.

• Adoption of the Genesee 2050 project that includes updates of the county’s Comprehensive and Recreation plans, a venture that has been partially funded by a $40,000 grant from New York State Empire Development.

The remainder of the $100,000 expense will be covered by a $45,000 cash match from a previously established capital project and a $15,000 in-kind contribution.

County Planning Director Felipe Oltramari said both plans have to be approved in order for the grant to kick in. He said that plans call for continued use of focus groups and input from the general public in the process.

In a related move, the committee authorized the county’s continued support of the Genesee/Finger Lakes Regional Planning Council at the $10,967 annual level.

• Reappointments of Tim Hens, Timothy Yaeger and Donna Hackett to the Genesee County Traffic Safety Board for three-year terms; Danielle Cummins and Diane Fowler to the Water Resource Agency for two-year terms; Donn Branton to the Agricultural Farmland Protection Board for a three-year term; Richard Richmond II to the Genesee County Planning Board for a two-year term; Michael Ciociola to the Fish & Wildlife Management Board for a two-year term, and Edward DeJaneiro Jr. as an alternate member to the GLOW Region Solid Waste Management Committee.

• Applications from ACORNS, the Genesee County Park and Forest volunteer organization, for a music in the park event on Aug. 6 and a 5K/10K trail run and walk fundraiser on Oct. 2.

All PSC approvals are subject to passage by the Ways & Means Committee and, ultimately, by the entire Genesee County Legislature.

Rebecca Lynn Martin, 27, of Brick Schoolhouse Road, Hamlin, is charged with DWI, driving with a BAC of .08 or greater, reckless in the endangerment, leaving the scene of an injury accident, and reckless driving. Martin is accused of being a driver involved in a motor vehicle accident at 7:02 p.m., Jan. 14, on Lake Street Road, Le Roy, and leaving the scene of the accident.  Martin allegedly failed to stop for a stop sign causing her vehicle to strike another vehicle.  Martin's vehicle was located in the Le Roy Park and Ride and while deputies attempted to stop the vehicle, her vehicle allegedly struck a Village of Le Roy patrol car.  Martin was processed at the Genesee County Jail and released on appearance tickets.

Rebecca L. Harrington, 28, of Attica, is charged with DWI, driving with a BAC of .18 or greater, driving left of pavement markings, speeding, and failure to stop at stop sign.  Harrington was stopped at 10:07 p.m., Jan. 6, by a Batavia police officer. She was issued tickets and released.

James R. Cooper, 39, of Batavia, is charged with unreasonable noise, a  violation of the Batavia Municipal Code. Cooper is accused of playing rock music at a loud volume for an extended period of time at a location on Buell Street on Jan. 11. He was issued an appearance ticket.

Jolene Y. Stevens, 33, of Batavia, is charged with harassment 2nd. Stevens is accused of using a piece of wood to hit another person in the back during an incident reported at 8 a.m., Jan. 22, on East Main Street, Batavia. Stevens was arraigned in City Court and released.

Lyndsay T. Young, 38, of Batavia, is charged with criminal contempt 2nd. Young is accused of violating an order of protection at 3:57 p.m., Dec. 30. She was issued an appearance ticket.

Sean D. Roczen, 38, of Rochester, is charged with aggravated harassment 2nd. Roczen turned himself on an arrest warrant in relation to an incident reported at 9:26 p.m., Jan. 7, on Kingsbury Avenue. He was arraigned in City Court and released on his own recognizance.

Jeffrey P. Schneider, 51, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Schneider was arrested following a three-vehicle property-damage accident at 7:09 p.m., Dec. 27, on East Main Street, Batavia. Schneider was processed Batavia PD headquarters and released on tickets.

Montell L. Cunningham, 28, of Lockport, is charged with criminal contempt. Cunningham is accused of violating an order of protection at 11:55 p.m., Jan. 9, in the parking lot on Alva Place. He was issued an appearance ticket.

Daniel Thomas Henning, 41, of Maple Street, Batavia, is charged with falsifying business records 1st. Henning is accused of falsifying business records at Pawn King, on Veterans Memorial Drive, at 12:11, Dec. 22. The case was investigated by Investigator Erik Andre and Deputy James Stack. Henning was issued an appearance ticket.

Nicholas Scott Warriner, 24, DWI, refusal to take a breath test, speed not reasonable and prudent, and following too close. Warriner is accused of driving too fast for conditions and too close to a marketed Sheriff's patrol vehicle at 12:15 a.m., Jan. 16, on Clinton Street Road, Bergen. When the deputy slowed his vehicle while a lead vehicle was turning, Warriner's vehicle allegedly hit the rear of the patrol vehicle. Warriner allegedly failed a field sobriety test.  He was issued an appearance ticket. The investigating officer was Deputy Jacob Gauthier.

Brianna Nicole Greene, 34, of Parkridge Avenue, Buffalo, is charged with grand larceny 4th.  Greene is accused of stealing more than $1,000 in clothing from Dick's Sporting Goods at 1:51 p.m., Jan. 8.  Greene was issued an appearance ticket.

Qumane James Santiago, 23, of West Main Street, Batavia, is charged with harassment 2nd. Santiago is accused of striking another inmate at the Genesee County Jail at 7:21 a.m., Jan. 7. 

Rachel A. Keene, 26, of Pembroke, is charged with DWI. Keene was stopped by a trooper out of SP Clarence on south Newstead Road, Newstead, on Jan. 8. She was allegedly driving with a BAC of .10. She was released on an appearance ticket.

Matthew Zakrzewski

A 42-year-old Batavia man is in custody following an investigation into a fire at Washington Towers on Sunday.

Matthew T. Zakrzewski is charged with attempted arson 2nd, burglary 2nd, criminal trespass 3rd, petit larceny.

Zakrzewski is accused of setting a chair on fire in the communal area of the retirement residence at Jefferson and Washington in the city. 

The police identified Zakrzewski as a suspect during the beginning of the investigation when police received a report of a bicycle being stolen on Bank Street.  

Zakrzewski was located and identified as the suspect in the bicycle theft. During his arrest, police found he also matched the description of the arson suspect.

He is also a suspect in reports of broken windows on vehicles in the area. 

A current parolee, Zakrzewski was arraigned in City Court and ordered held on $50,000 bail, $75,000 bond, or $150,000 partially secured bond.

Assisting Batavia PD in the investigation was City Fire, Emergency Dispatchers, NYS Parole, and citizens. 

The investigation is ongoing. Anyone who may have information in reference to the cases should contact Detective Sergeant Matt Lutey, Batavia Police Department at 585-345-6350 or the confidential tip line at 585-345-6370.

A garage fire was reported at 7504 Norton Road, Elba, at about 5:45 a.m. and the fire spread to the adjoining house and though the house was saved by volunteer firefighters, two residents and a dog have been temporarily displaced, according to Elba Fire Chief Mike Heale.

The cause of the fire is under investigation.

Heale confirmed there was some sort of explosion in the garage during the fire but the object that exploded was not identified at the time of his interview this morning.

The fire went to a second alarm, Heale said, to ensure there was enough manpower to fight the fire in frigid weather. The temperature was two degrees this morning, which means crews need to rotate frequently to stay warm.  The cold weather also creates slippery conditions for firefighters as water freezes quickly.

No injuries were reported.

Reporting and photos by Alecia Kaus/Video News Service.

Of all the debatable data out there regarding COVID-19, one piece about local hospitalizations is irrefutable, Dan Ireland says.

United Memorial Medical Center’s occupancy rate is at 86 percent, and 100 percent of patients admitted to the Intensive Care Unit have been unvaccinated, said Ireland, Rochester Regional Health/UMMC president, during a live-streamed health discussion Thursday. 

“Seventy-five percent of COVID admissions are unvaccinated people,” he said. “The data is clear, unvaccinated folks are suffering (from COVID symptoms and illness).”

Another statistic to note is that 100 percent of people put on ventilators were also unvaccinated, he said. Though there are various other reasons for someone being admitted to the hospital, 70 percent of them went to the hospital for COVID-19 symptoms and concerns, he said.  It was a set of coronavirus symptoms that drove them to visit the hospital, he said. 

Although some vaccinated people are experiencing break-through cases, the symptoms have not been as severe, he and Genesee and Orleans County Health Director Paul Pettit said. 

“Please, please, please get your vaccine,” Ireland said. 

Not only is that step important for protecting the health of individuals and families, it helps to free up space at the hospital, he said, citing 36 percent of the entire hospital population is attributed to COVID-19. People are still seeking health care treatments for other causes, and it’s “our job to strike that balance” between the needs of those with the COVID virus and more traditional healthcare that is needed.

Those traditional healthcare services remain open at RRH hospitals, which include elective surgeries. Those surgeries held a 90 percent occupancy rate in 
December. Ireland said that, more recently, those surgeries will still occur, but on “a much more limited basis.”

“Surgery is not closed, we’re just limiting it to limit the exposure to patients,” he said. 

The whole region is focused on restricting elective surgeries to essential only, per health department guidelines, he said, however, facilities in nearby counties have taken patients when necessary. 

There will be public announcements to inform the community of changes that may occur, such as particular hospital offices needing to close due to staffing shortages or exposure concerns, and where patients may be able to go instead. Overall, hospital staff “has done an amazing job at accommodating them at other locations,” Ireland said. 

As of Tuesday, a new visitor policy restricts hours for a 9 a.m. to 1 p.m. and 3 to 7 p.m. daily visitor schedule. Everyone will be screened, information is to be captured for potential contact tracing and visitors cannot see patients with COVID-19 or other immunity compromised patients. 

“Just be aware, if you have a loved one in the hospital, if a screener advises you of a new policy, it’s because of updated responses.”

As for those colorful and rhinestone-covered cloth masks, the latest data shows, especially in the light of the recent spread of the SARS-2-CoV variant known as Omicron, that they are not as effective as medical masks. The Hospital administration has issued a “no cloth masks” order in lieu of medical, tighter-fitting masks, such as KN95. Hospital visitors without such masks will be given one by staff, he said.

“It’s very important to protect yourself; wearing that mask is a barrier. Is it full-proof? No. But we do know it’s a barrier (to the virus),” he said. 

Ireland said that, of course, people want to get out and enjoy activities away from their homes. They can do that, but there are tools in place to protect people to have fun “safely and effectively,” he said. 

“Have some self-awareness and some self-driven compliance,” he said of wearing masks, testing when necessary, and isolating and/or quarantining if positive for the virus or exposed to someone else who is positive. Journalists participating in the event asked about the safety of student-athletes, the target number for vaccinations, and the future. 

Student-athletes are being tested based on the same protocols as other students, Pettit said.

New York State set a target vaccination rate of 70 percent, and “we’re above that number now as a whole,” he said. People who are most recently getting the vaccine seem to be doing so based on external events, such as a family member getting sick or dying from COVID-19, or mandates requiring a vaccine for certain types of travel, he said. 

And for those on the fence? His department staff is working to answer questions and provide information to anyone not yet vaccinated. 

“We’re really trying to talk to those folks who are undecided,” he said. ”Based on the data, the vaccine is very effective; it does keep people from having the severity of the disease, and it keeps them out of the ICU and off ventilators. We’re hoping these folks will make the decision at some point in the very near future.”

Genesee County has experienced a “very sharp increase” in positive cases, especially in congregate settings, such as nursing homes, he said. There have been a total of 12,105 positive cases and 164 deaths from the COVID-19 virus since the onset of the pandemic. Out of that number, 1,509 cases were in the month of December compared to 2,118 in just the first 10 days of January, he said. 

He wanted to clarify case investigations, which are conducted for confirmed cases by obtaining the person’s name, address, symptoms, date of onset, close contacts and that person’s history during the prior 48 hours, versus contact tracing, which takes the process “a little bit further” by trying to identify people who were exposed to a confirmed case of the virus and establish if those people are isolating (if found to also be positive) or quarantining due to being exposed to the person found to be positive. 

Case investigations are not changing, he said. However, due to the massive numbers of positive cases multiplied each by an estimated five to 10 exposures, it’s likely the health department may not be able to follow up on all of those cases, he said.

Genesee County Legislator Rochelle Stein reminded folks that everyone can take a part in keeping the community safe.

“Vaccinate and get the booster when you are eligible, she said. “Mask when in public places, test when you feel ill, and then stay home. These are the simple ones today.”

For further information, watch the video and/or go to GOHealthNY.org

Randy Fancher, president of J&R Specialties of Akron, citing ongoing supply chain issues and inflation, presented a fourth version of his company’s plan to develop three parcels at the corner of Route 5 and Route 77 in the Town of Pembroke to the Genesee County Planning Board tonight.

“We’ve been here before,” said Fancher, speaking of the planning board’s previous approvals of the Brickhouse Commons LLC mixed-use project – a pair of buildings combining retail and residential near Brickhouse Corners Drive and Tim Hortons, and across from Pembroke High School.

While that venture is still on the table, Fancher and his brother, Jeff, vice president, now are proposing to construct a 42,000-square-foot warehouse and office building – between the two mixed-use structures.

“Our core business needs have changed drastically over the last year with all the supply chain issues and inflation, and so we are now having to stock way more product than in the past,” he said. “So, now this is our core need for this warehouse.”

Fancher told The Batavian that the company’s current set-up – working out of three separate facilities in Akron – is “extremely inefficient.”

“As everything in the world has changed recently, we have decided it would be much more efficient to build a new warehouse/office complex large enough to have everything under one roof,” he said.

Pending final approvals from the town and other agencies, the Fanchers said they are committed to developing the warehouse/office first, followed by the mixed-use apartments/retail space and, eventually, a three-story mixed use building with commercial on the first floor and 17 apartments on the second and third floors farther south along Route 77.

Fancher said that J&R Specialties already has received approvals for the mixed-use buildings, which are located in the Genesee County Economic Development Center’s Buffalo East Technology Park in the town’s Interchange District.

Planning Board member Tom Schubmehl, a Pembroke resident, asked Fancher about the amount of truck traffic the warehousing operation would produce.

Fancher replied that the plan calls for the loading dock to accommodate three tractor-trailers at any time, adding that he figures there will be three to five semis at the location per day.

“… the drawing we submitted was only a conceptual,” he said. “We had to check with the Town of Pembroke to see if they needed curbs -- what their curb requirements were. Once we get approval, we’ll move into an actual site plan and then we can address semi flow.”

Planning Board Chair Laraine Caton noted that the intersection will become quite contested before Planning Director Felipe Oltramari mentioned that the trucks will enter and exit from Brickhouse Corners Drive, which is off of Route 5.

The board then recommended approval of the site plan, with modifications pertaining to acquisition of a stormwater permit, signage that complies with the town’s zoning regulations, and meeting Enhanced 9-1-1 standards and (the recently added) public safety radio system in-building coverage requirements.

PEMBROKE IN THE CANNABIS ‘ZONE’

The planning board also recommended approval of the Town of Pembroke’s desire to amend its zoning test to include “cannabis related businesses” throughout the 41.7-square-mile municipality.

The town has opted in to allow cannabis dispensaries and on-site consumption establishments in accordance with New York State’s Marijuana Regulation & Taxation Act. Other Genesee County communities that opted in are the City of Batavia, Towns of Darien and Pavilion, and Village of Corfu.

The text amendment would allow for cannabis related businesses to operate with a special use permit.

Schubmehl commented that Pembroke will become “the county’s business center for marijuana distribution,” prompting Oltramari to advise that cannabis sales already are taking place on the nearby Tonawanda Seneca Nation Reservation.

INCENTIVE TO COMPLETE SURVEY

Oltramari said that Genesee County is number one in the state thus far in terms of people responding to an online survey about broadband access (www.geneseebroadband.com). He said that 3 percent of households have filled out the survey, which is twice as much as any other county.

County residents completing the survey can enter a drawing for a “Dine, Stay & Play Package” at Batavia Downs Gaming which includes a one-night stay for two at the Hotel at Batavia Downs and $50 towards a meal at Fortune’s restaurant (valid Sunday-Thursday).

The planning director said he will be presenting the Genesee 2050 Comprehensive Plan and Recreation Plan to the County Legislature’s Public Service Committee next Tuesday.

Drawing above: Brickhouse Commons site plan -- Route 5 (Main Road) is at right; Route 77 (Alleghany Road) is at the bottom. The proposed warehouse/office building is located between the two proposed commercial/residential buildings. 

Previously: GCEDC board approves assistance for Pembroke mixed-use project

Severe staffing shortages among emergency response units have Genesee County officials searching for the most effective ways to transport residents experiencing mental health episodes to qualified hospitals where they can receive the evaluation and treatment they need.

Tim Yaeger, Emergency Management Services coordinator, and Lynda Battaglia, director of Mental Health & Community Services, led an hour-long discussion via Zoom with county legislators and law enforcement personnel this afternoon about a severely compromised level of ambulance service in the county.

“Why this topic is even being discussed is because there's an EMS (Emergency Management Services) crisis in New York State,” Yaeger said. “We’re looking at counties that are really in a very much of a reactionary form to figure out what they're going to do because the EMS transporting capabilities of the commercial systems are diminished.”

Yaeger said counties across the state are searching for answers as they experience lengthy response times and situations where no ambulances are available at any given time.

“We can probably talk for a long time about it, but it really comes down to pay and work environment and working conditions of the EMS system. That’s why it’s in trouble,” he said.

Emphasizing that his responsibility is to make sure ambulances are there when “the citizens of this county” call for them, Yaeger said he has been talking at length with Battaglia, Mercy EMS and Le Roy Ambulance representatives and law enforcement agency leaders about how to handle mental health incidents that fall under New York Mental Hygiene Law 9.41 and 9.45.

LAW GIVES AUTHORITY TO TRANSPORT

Section 9.41 permits police officers and peace officers to facilitate emergency admissions for immediate observation, care and treatment for any person who appears to be mentally ill and is conducting himself or herself in a manner which is likely to result in serious harm to the person or others. Section 9.45 gives similar authority to directors of community services.

In both cases, transportation to specially designated health care facilities, such as Strong Memorial Hospital in Rochester, Erie County Medical Center or Wyoming County Community Hospital in Warsaw, likely is warranted.

So, the question facing Genesee County legislators is: Who should transport these individuals – emergency medical technicians (or paramedics) in ambulances, police officers (sheriff's deputies, Batavia PD, Le Roy PD) or – what currently is on the table – a combination of both?

With the number of ambulances on the road in Genesee County down from where it should be, Yaeger said he has been working with Mercy EMS to make sure it prioritizes service to Genesee residents.

“Counties outside of Genesee have been relying heavily on Mercy EMS to backfill their shortcomings, and have recently over the last five, six months, it got to a point that was just not manageable anymore,” he said. “So, we worked with Mercy and changed our policy from one ALS (Advanced Life Support) ambulance to two ALS ambulances in service in this county before we will honor an out-of-county ambulance request.”

While the revised schedule is working right now, that doesn’t address the primary focus of today’s conversation – transporting of those in a mental health crisis.

NOT 'LOW HANGING FRUIT'

Yaeger indicated that most surrounding counties use law enforcement personnel to drive the patients to the hospital, but Battaglia – along with Genesee County Sheriff William Sheron – said that, in the majority of cases, is not the way to go.

Calling it “a concerning topic,” Battaglia said those suffering from mental health issues by no means should be considered “low hanging fruit.”

“I wanted to just point that out … that the mental health individuals in the community are also those community residents that need medical services,” she said. “And I have to remind everyone, that somebody that's in a mental health crisis is ultimately considered a medical crisis.”

Battaglia said she was pleased to hear that both Yaeger and County Manager Matt Landers are looking at transports on a case-by-case basis, stating that persons exhibiting symptoms of psychosis are at acute risk of harming themselves or others need assistance from a mental health professional.

“I do have some concerns about EMS medically assessing an individual to determine whether or not police should transport or EMS should transport,” she said. “If somebody is making statements that they are going to die by suicide or if they are having suicidal ideations and deny taking any kind of pills, when in fact they did, and potentially negated telling that to any personnel, that places everybody at risk because they're not going to exhibit any kind of medical symptoms right away.”

WARNING AGAINST STIGMATIZATION

She agreed that the entire EMS and healthcare systems are stressed due to COVID and workforce shortages but warned against the marginalization of the mentally ill.

“… What the system and the advocates have worked really hard about is to not stigmatize and to reduce stigmatization of individuals who are mentally ill,” she offered. “So, if police protocol is to handcuff somebody in a mental health crisis because they're being transported on a 941 and placed them in the back of a police car, that's criminalizing -- that is stigmatizing … and could have detrimental effects. It could possibly force that person to not want to reach out for help in the future; it could be very traumatizing …”

Sheron advised that the county transitioned from police vehicles to ambulances years ago “because of the more humane way to transport somebody that's in crisis.”

“To put somebody in the back of a patrol car behind a cage and in very limited space, I think is not the proper place for somebody who's in mental health crisis -- plain and simple,” he said. “Now, when we have an individual that is violent and we believe that they may become violent in the ambulance, we’ll send somebody along with the ambulance, either following the vehicle or inside the rig itself.”

Other key points brought up during the discussion are as follows:

• Yaeger and Landers agreed that the situation is “not a black and white thing,” with the former acknowledging that the EMS crisis now has taken precedence over the county’s efforts to fix staffing and other issues related to emergency response in the case of fire or motor vehicle accidents.

In response to a question from Legislator Rochelle Stein about the county’s contract with Municipal Resources Inc., a consulting firm based in Plymouth, N.H., Yaeger said MRI's mandate will be expanded from finding solutions to the widening gaps in fire department coverage to also include confronting the EMS dilemma.

• Legislator Gary Maha asked what happens if a call for a mental health transport comes in and no ambulances are available?

Yaeger responded by saying that request would be put on hold. “It’s either that or we’re going to try to get a volunteer ambulance to cover that call. They may cover it, or they may not, but it's going to end up waiting.”

• Legislator Marianne Clattenburg said it is incumbent upon the county “to change how we fundamentally are doing things” by removing elements of criminalization in mental health cases.

“(To place) someone ... in a cop car I just think escalates things and I worry about the liability on the county … if we were to do that,” she said.

She then asked if the county had a contract with Mercy EMS for a certain level of service, to which Landers answered that there is no formal agreement on staffing levels although the county does provide funding to the operation.

• Responding to questions from Legislator Christian Yunker, Landers said there are approximately 500 calls for mental health crisis intervention in Genesee County annually, although many of them end up as family member transports. The plan being considered is to shift up to half from ambulance to law enforcement transport to the three destination hospitals referred to previously in this report.

• Landers said the discussion will continue, and he looks to include Dan Ireland, president of United Memorial Medical Center, as legislators inquired about the possibility of the Batavia hospital becoming certified to accept individuals in the midst of mental health breakdowns.

“They're (Rochester Regional Health administrators) heavily invested in doing everything with the new campus (in Batavia), and obviously, they're doing great things there with the hospital expansion,” Landers said. “So, I would hope that this could be something down the road that we have in our own community, I think there's a need there based on what we're hearing about (the numbers) being transported out of our community.”

• Battaglia, upon hearing that paramedics are not provided with the training to properly handle mental health cases, said she would be willing to provide it.

“Law enforcement knows I've done some trainings for law enforcement. I was just at Le Roy Police a couple months ago, providing mental health training,” she said. “So, if you know that it’s not provided when they’re being trained and going to school, then that is definitely something that I can I can assist with.”

The City of Batavia Police Department is committed to implementing “action items” derived from its participation in the Batavia Police Advisory Collaboration Stakeholder Group, especially in the area of diversity in recruitment, BPD Police Chief Shawn Heubusch said on Monday night.

Speaking at City Council’s Business Meeting at the City Hall Council Board Room, Heubusch (photo at left) said his department embarked on a “heavy” recruiting campaign in an attempt to attract more minority candidates to take the police officer exam.

He said that data compiled through a questionnaire that was filled out by 90 of the 100 or so people that took the Civil Service exam on Sept. 18, 2021 showed that “a more diverse population came out to take our exam.”

While 84.4 percent of the participants identified themselves as White, 3.3 percent were Hispanic or Latino, 2.2 percent Black or African American, 1.1 percent Asian and 1.1 percent Native Hawaiian or Other Pacific Islander.

Heubusch said that the data collected will be used to establish a baseline for future exams.

The department also conducted a physical agility test last week at Genesee Community College, Heubusch said, where “we definitely saw a more diverse group of people come out for that.”

The Batavia Police Advisory Collaboration Stakeholder Group, consisting of citizens from various public and private sectors, was formed in compliance with former Gov. Andrew Cuomo’s Executive Order 203 that called for community policing reform throughout New York.

It met several times during the fall and winter of 2020 and 2021, resulting in the creation of a list of action items that was submitted to Albany. Batavia’s plan is focused on training, community engagement/policing, community liaison, communication, officer wellness and diversity – including Civil Service reform.

“This (Civil Service reform) was a big nugget that everybody talked about across the state,” said Heubusch, who noted that he discussed that subject on a webinar yesterday with the New York State Police Chiefs Association. “(We) continue to advocate for Civil Service reform with elected officials and through professional organizations.”

Other highlights of Heubusch’s presentation to City Council:

• Criminal Possession of a Controlled Substance has decreased by 54 percent on average over the past five years. Crimes such as larceny and simple assault also declined in 2020 compared to 2019. However, Heubusch said, preliminary reports for 2021 indicate a slight increase in those numbers.

• The BPD will continue community dialogue through neighborhood meetings and National Night Out. Heubusch said the department’s CrimeWatch page has resulted in enhanced communication with the public and includes a link to Division of Criminal Justice Services statistics.

• The department’s community liaison program is multi-faceted, including regularly scheduling outings at senior citizen complexes and civic groups, continued engagement with minority groups, placement of a school resource officer at Batavia City School District (Officer Miah Stevens) and establishment of a Citizens Academy Program for interested adults. Heubusch also said plans include enrolling Stevens in the next DARE training class.

• Community engagement/policing efforts include more foot and bicycle patrols, bicycle safety classes, enhanced training through an agreement with Genesee County Mental Health, crisis intervention training, ongoing implicit bias training, and certification of a de-escalation trainer and defensive tactics instructor.

• Emphasis on physical, mental and spiritual wellness of police officers, with monthly briefings with the police chaplain, participation in wellness program training, debriefing efforts after critical incidents and regular meetings with supervisors to discuss any potential issues.

Shannon Lee Marvin, 30, of West Main Street, Le Roy, is charged with grand larceny. Marvin is accused of stealing a credit card from a person in Bergen in November and making several purchases with the card. Marvin was processed at the Genesee County Jail and released on an appearance ticket.

Abigail M. Russell, 19, of Hamburg, is charged with petit larceny. Russell is accused of shoplifting a bag full of groceries from a local store at 12:01 p.m., Jan. 4. After receiving a report of the larceny, Russell was located by a Batavia patrol officer, identified as the suspect, and arrested.  She was released on an appearance ticket.

Walter M. Rhynes, 30, of Rochester, is charged with harassment 2nd. Rhynes is accused of trying to strike an employee of a local hotel at 1:29 p.m., Jan. 1. He was issued an appearance ticket.

Brittany N. Leach, 28, of Batavia, is charged with two counts of criminal mischief 4th. Leach is accused of damaging a door and a vehicle on State Street at 11:10 p.m., Jan. 4. She was issued an appearance ticket.

Marcus T. Hill, 29, of East Rochester, was arrested on a warrant for alleged failure to appear. The warrant stems from an incident reported at 9:45 p.m., April 25 (no details released) and was issued July 28 after Hill allegedly failed to appear in court as ordered. He was released under the supervision of Genesee Justice.

Hailee N. Callicutt, 21, of Batavia, is charged with obstruction of governmental administration, resisting arrest, driving without insurance, driving on a suspended registration, and driving a vehicle with an obstructed view. Callicutt was stopped by Officer Peter Post at 10:02 p.m., Jan. 1, on Liberty Street.  She was issued an appearance ticket.

Brian Graziaplena, 70, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Graziaplena reportedly drove his car into a tree at 4:23 p.m., Jan. 1, on North Lyon Street, Batavia. He was issued an appearance ticket and released to a sober third party.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 2nd. Siminski allegedly sent a letter to a person covered by an order of protection. He was issued an appearance ticket.

Eric Tyler McGrain, 29, of Donlin Drive, Rochester, is charged with felony DWI, speeding, refusal to take breath test, failure to keep right, and moving from lane unsafely. McGrain was stopped at 1:21 p.m., Jan. 8, on College Road, Batavia, by Sgt. Mathew Clor.

Trisha R. Santora, 39, of Batavia, is charged with eight counts of petit larceny and eight counts of falsifying business records 1st. Santora was arrested by State Police for an alleged crime reported in November. She was issued an appearance ticket. No further details were released.

Kyle A. Hillyard, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Hillyard was stopped at 1:35 a.m., Jan. 9, by State Police in the Town of Batavia. He was issued an appearance ticket.

Brian P. Demko, 44, of Batavia, is charged with aggravated harassment 2nd. Demko was arrested by State Police following an investigation in an incident reported at 7:42 p.m., Dec. 26, in the Town of Batavia. He allegedly made a threat toward another person. He was released on his own recognizance. No further details released.

Barring any changes made during the budget workshop process, the City of Batavia’s property tax rate for the 2022-23 fiscal year will be $8.94 per $1,000 of assessed value – a decrease of 78 cents from last year’s rate.

City Manager Rachael Tabelski shared details of the municipality’s $17.7 million budget at Monday night’s City Council Business Meeting at City Hall Council Board Room.

Putting the tax rate into perspective, Tabelski said that 5,700 properties in the city support the city’s General Fund operating budget.

"The property taxes they pay make up 34 percent of our total budget revenue," she said. "And the typical tax bill for a resident that owns a house assessed at $100,000 will be $894 under this proposed manager’s budget. The county tax for that same home is $916 and the school tax (is) $2,057."

The proposed General Fund lists a tax levy increase of $121,403, Tabelski said, noting that plans call for reinstatement of service, personnel and equipment purchase. Additionally, the water and sewer funds are stable, and improvements in infrastructure are on the table.

Tabelski highlighted the amount invested into the city in recent years, stating that $132 million in public and private investments are changing the landscape of Batavia.

“Batavia is going to continue to fly back from its rust belt city status, embrace its vibrant roots, double down on the investment and continue to focus on economic growth and neighborhood revitalization,” she said, referring to the impact of the $10 million Downtown Revitalization Initiative award the city received and other large-scale corporate projects.

Her presentation indicated that $96 million already has been invested, $36 million more is in the works and another $42 million is planned.

Last year presented a “dismal revenue picture,” Tabelski said, but things “look much better” for 2022-23.

She said that 41 percent of the budget revenue is from sales tax (budgeting for $6.8 million in sales tax), while property taxes will bring in around $6 million. State aid is pegged at $1.75 million.

“Real property tax is the most stable revenue supporting the General Fund budget,” she noted.

The city manager also mentioned increases in assessed value, stating that the city’s assessed value of property has grown by about 26 percent over the past eight years compared to a 49 percent increase in assessed value in the Town of Batavia.

“A major way of creating additional revenue is to improve the overall value of our commercial and residential properties,” she said. “That’s through investment and new builds, and for continuing the strategy with the Brownfield Opportunity Area and the DRI.”

Tabelski said that about a quarter of the city’s property is not taxable – and that amounts to around $220 million.

The General Fund budget also will be supported by $275,000 in appropriated fund balance, $275,000 in water fund transfer and $130,000 in (one-time) retirement reserves, she said.

“(The year) 2021 has been another unprecedented year,” she said. “However, the city saw revenues rebound with full payments on state aid that helped us avoid layoffs and unfreeze positions throughout the year.

“The difficulty we still face is prices of commodities, hiring and retaining great workers, as this continues to be difficult,” she said. “Overall, the budget you have before you provides more resources to the departments, adds in services that were previously cut or underfunded and strives to meet the needs of the residents of the city of Batavia.”

Michael J. Robinson, 44, of Lockport, is charged with grand larceny 4th and petit larceny.  Robinson is accused of picking up a wallet containing a credit card that was accidentally dropped at Batavia Downs and taking the wallet home and keeping it and making no attempt to return it.  Robinson was issued an appearance ticket.

Eric John Peluso, 45, of Clipnock Road, Bethany, is charged with assault 3rd and endangering the welfare of a child.  Peluso allegedly struck a minor causing substantial pain.  He was arraigned in Bethany Town Court and remanded to the Genesee County Jail.

Jennifer M. Moore, 36, of River Street, Batavia, is charged with criminal possession of a controlled substance 7th. Moore was arrested on Jan. 5 for alleged drug possession at 12:32 p.m., Oct. 22, at a location on Park Road, Batavia.

Jaylinn Marie O'Neil, 31, of Old Telephone Road, Bethany, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and unlicensed operator. O'Neil was arrested following a traffic stop on Veterans Memorial Drive at 4:34 p.m., Dec. 29 by Deputy Nicholas Chamoun. O'Neil was allegedly found in possession of a narcotic.

 

Stephanie Campbell has felt the pain of addiction in her life and now — as a key employee at the New York State Office of Addiction Services and Supports in Albany – she works to help others overcome the devastating effects of substance use disorder.

So, on Thursday afternoon, as she toured the new detox center on the Genesee/Orleans Council on Alcoholism and Substance Abuse campus on East Main Street and spoke to the 50 or so people attending an open house and ribbon cutting ceremony, Campbell’s appreciation and gratitude came shining through.

Campbell (photo above) introduced herself as the director of OASAS’ Behavioral Health Ombudsman office, a program that connects people to substance use and mental health treatment.

“But, more importantly,” she said. “My name is Stephanie Campbell and I'm a person in sustained recovery. And what that means for me is somewhere in 1989, someone picked me out of the gutter, and gave me the message of hope. And, and I say that because so many people right now are desperate for that hope and that care and that compassion.”

One of four speakers during the open house, Campbell said that “community and connection” – vital aspects of GCASA’s mission to provide comprehensive services at all stages of substance use disorder – are what turned her life around.

“I can tell you that back in 1989, when someone reached into that gutter and picked me up, and gave me that message of hope, and that compassion and treating me like a human being, I was able to go from being homeless street kid to having three master's degrees, being a professor, and being a director and having an extraordinary career,” she said. “And that's not to brag— there's millions of people just like me — who get the care and compassion that they need.”

She then turned to GCASA Executive Director John Bennett, commending his team as having “some of the most heart-warming, heart-feeling” people on it.

“When someone's in pain, and they look in someone's eyes, they know when that care is there,” she said, “and they know when that connection is there, that compassion -- and that makes all the difference.”

Campbell said hundreds of thousands of people are dying from drug overdose.

“I get the calls from the mothers and fathers on the phone desperately begging for help for their loved ones. I get people who can't get access to the medication and who are incapable and don't know where to go,” she said. “I also get the follow up calls from people who say, ‘If you hadn’t helped, I would be dead today.'”

She said it’s “the heroic folks,” such as the people at GCASA, that are making a difference.

“Talk about essential workers, you guys are saving lives,” she said. “And each life that you save is someone who gets to go back into their community, take care of their kids, be a productive member and pay their taxes.”

Bennett Expresses Thanks to OASAS

Bennett (photo at right) shared the circumstances that ignited the project around five years ago, citing statistics showing that Genesee County had one of the highest opioid overdose rates in the state at 37 deaths per 100,000 people.

He said that Rob Kent, lead counsel for OASAS at the time, was instrumental in getting the funding for the two-story, 20-bed facility.

“I went to him and said that rural communities just don’t have the services that we need and we have just as many problems in our rural communities, but we just lack the depth that some of the urban communities have in place,” Bennett said. “We have 3 ½ acres here, and could you help me build services that meet the demand that we have in our community?”

Bennett said GCASA received a grant in 2018, but the pandemic put the project on hold until last year. Previously, the agency constructed a methadone clinic across the parking lot on the campus.

“We’re incredibly indebted and thankful to OASAS,” Bennett said.

Speaking from the experience of seeing the negative effects of alcohol abuse years ago in his family, Bennett said he foresees the detox center as a starting point toward ending generational cycles of substance use disorder.

“There weren’t services like this back then to help families, and then what happens is it just goes on for generations and generations. I just want the community and the staff who are going to be working here to know that everything you do – every person who walks through this front door – you’re going to impact their life.”

Bennett sees the detox center as a “building of hope – a wonderful place for people to start their recovery.”

“It’s going to be a place of hope and, hopefully, a place where people can break the cycle of addiction for themselves and their families as the start the beginning of their recovery,” he said.

He also credited the Orchard Park architectural firm of Fontanese Folts Aubrecht Ernst for designing a building that fits with the campus’ historic theme.

“They’ve actually done the last four or five projects for us, and they do a wonderful job in keeping with the historic nature of some of our buildings,” he said. “As you can see, the outside of this building is in keeping with the Atwater House (Community Residence).”

The official opening of the detox center is yet to determined.

Others speakers were Assemblyman Stephen Hawley, GCASA Board Finance Chair Fred Rarick and OASAS Regional Director Colleen Mance.

-- Stephen Hawley presented a certificate of merit to GCASA, thanking the agency for its efforts because substance abuse and addiction “has not gone away as a result of this (COVID-19) pandemic.

“I’m sure that it’s grown more dire,” he said. “The challenges we faced in our lives because of the pandemic have had an especially harsh impact on folks in recovery and those who support them -- all of you here today.

“With circumstances changing constantly in this fight, it’s critical that we remain persistent in our work to raise awareness of ongoing substance abuse and help those who are affected by it.

“This facility will give hope to hundreds of folks struggling with substance abuse over the course of the upcoming years, and I’m certain that it will help save many lives.”

-- Colleen Mance emphasized the importance in affording everyone “the same opportunity to access treatment and a continuum of care.”

“Congratulations to GCASA on this new milestone. I know it’ll be a huge success and we looked forward to the benefits that this will bring to Genesee County and the surrounding area,” she said.

-- Fred Rarick, a defense attorney, noted that many of his clients have families and friends who are affected by substance use disorder.

“You can have one individual in a family ... who has substance abuse issues and that impacts the entire family. It impacts their children who, many times, follow in the footsteps of their parents to become involved in the criminal justice system.

“(GCASA) is on the front lines of what we want to accomplish, and together we can all do it … I think it has come a long way from some of the initial programs. When people take advantage of these programs, they’re less inclined to be out on the streets, committing crimes.”

From left, Colleen Mance, OASAS regional director; Randi Johnson, detox center physician's assistant; Stephanie Campbell, NYS Behavioral Health Ombudsman Office director; Allison Parry-Gurak, GCASA director of Residential Services; John Bennett, GCASA executive director; Fred Rarick, GCASA board finance chair; Assemblyman Stephen Hawley; Kathy Hodgins, GCASA chief clinical officer; City Council members Tammy Schmidt and Eugene Jankowski Jr.

Photos by Howard Owens.

Bennett conducting a tour of the new detox center. Photo by Mike Pettinella.

The Genesee County Legislature welcomed 2022 tonight with an organizational meeting at the Old County Courthouse marked by the swearing in of district representatives, attorneys and clerk – and Chairperson Rochelle Stein's hope for better days ahead.

Stein (in photo above being sworn in by County Clerk Michael Cianfrini and joined by grandsons Daniel, left, and Lockwood Sutherland) was unanimously approved by her peers to continue leading the legislative body.

She called Genesee County “a community of wealth of spirit and pride” while thanking those in public health and the hundreds of volunteers who gave countless hours in the battle against the COVID-19 pandemic.

Prior to a Committee of the Whole meeting where lawmakers passed a resolution authorizing county treasurer Scott German to borrow up to $70 million in serial bonds toward the construction of a new county jail on West Main Street Road. Following is the text of the speech Stein gave at the end of the session:

“The county faced many challenges in 2021 and achieved many accomplishments. The COVID pandemic continues to rage on. We have our Public Health Department staff, Emergency Management staff, Public Safety officers and all county departments and other municipal partners leadership to thank for their dedication to our health and prosperity in 2021.

“Our ability to serve members of Genesee County came down to testing, clinics and vaccination clinics and now mask distributions and soon at-home COVID test kits.

“Volunteers from every department of Genesee County came together to accomplish one goal: Recover our good public health. Truly the best example of meeting the needs of our communities. Thank you to all of our volunteers.

“Our Chamber of Commerce and (Genesee County) Economic Development Center took on the communication and guidance and support of our businesses. Our business sector of essential businesses learned that staff and employees are critical needs to continue meeting supply demands.

“Highways and bridges were repaired and replaced all throughout the county. (WNY) STAMP campus has Plug Power as an initial green energy business tenant. More interest in our shovel-ready parks was evident in 2021.

“Families lost love ones, whether due to COVID or not, (and) traditions of gathering in grief and loss were curtailed. We carry these friends, family members and neighbors with us daily in loss and in prayer.

“Accomplishing a 40-year sales tax agreement with the City of Batavia and municipal water surcharge agreements (with towns and villages) is game changing for moving our next public water project into motion.

“Moving forward with construction of a new jail in 2022, Phase 3 of the (Countywide) Public Water (Project) and investing in high speed broadband are next up on our to-do list.

I am very pleased to be part of this legislative body of thoughtful forward-thinking individuals who take responsibility for moving our county forward into the next decade with courage and vision.

“In spite of COVID arresting what was our normal way of life, we have embraced technology – we may even be ‘remote meeting gurus’ by now. We have learned to think outside of the box for local governments to accomplish goals.

“We have much to be appreciative of, and see the uncertainties ahead of us. Together with dedicated leadership, factual information and administrative support from our county manager, we will continue to be a successful county. Genesee County is a community with wealth of spirit and pride. We are proud to serve her.”

JAIL FINANCING AT TOP OF LIST

County Manager Matt Landers said the resolution giving German the go-ahead to identify financial institutions willing to issue the bonds caps a “long journey” to construction the state-mandated 184-bed jail.

He also mentioned that the county has money in reserve, believed to be in the $7 million to $10 million range, that could be used to enable the county “to borrow a little less” than the $70 million or to cover any overages brought about by a “volatile” construction marker.

German said he will be contacting banks and other lenders, keeping a Feb. 15 deadline to change the amount to be borrowed, again depending upon construction costs.

Members of the 2022 Genesee County Legislature, front from left, Gregg Torrey, Rochelle Stein, Marianne Clattenburg; back, Brooks Hawley, Christian Yunker, Chad Klotzbach, John Deleo, Gordon Dibble and Gary Maha. Clattenburg and Torrey will serve as 1st and 2nd vice chair, respectively.

Kevin Finnell, accompanied by his wife, Nanette, takes the oath of office as the county's District Attorney. Cianfrini is at right. Jerry Ader of Clarence was reappointed as Genesee County public defender through Dec. 31, 2023.

Cianfrini swears in Legislature Clerk Lisa Casey as her mother, Sandy, looks on. Casey was hired by the legislature in early September 2021.

Photos by Mike Pettinella.

Previously: Legislature set to appoint LeRoyan Wujcik as county attorney; Town of Batavia to hire Earl on part-time basis

It seems as though the Genesee County Legislature and the Batavia Town Board are on the verge of making changes in their legal representation departments.

Personnel moves -- per resolutions to be considered at meetings tonight and previously passed by the Wyoming County Board of Supervisors -- are as follows:

• James Wujcik of Le Roy (photo at right) is being appointed as Genesee County attorney through Dec. 31, 2023, replacing Kevin Earl, who has served in that capacity for the past five years;

• Earl is being hired as counsel to the supervisor for the Town of Batavia on a part-time (20 hours per week) basis;

• Jennifer Wilkinson of Attica has been appointed as Wyoming County attorney, replacing Wujcik, who has served as counsel to that county’s Board of Supervisors for the past eight years. Both Wilkinson and Wujcik are lawyers with the Attica firm of Dadd, Nelson, Wilkinson & Wujcik.

• Jerry Ader of Clarence is being reappointed as Genesee County public defender through Dec. 31, 2023.

COUNTY SET TO ‘MOVE FORWARD’

County Legislature Chair Rochelle Stein cited Wujcik’s experience as a county attorney as he steps into the role of helping to facilitate key projects facing the municipality in the near future.

“Jim has just finished his term with serving Wyoming County – not as a full-time attorney – and we are looking forward to having him come on board (in a full-time capacity),” she said. “He was interested (in the Genesee County job) and we were interested, and we believe that we're going to continue to work on behalf of the taxpayers here in Genesee County -- in a really smart, effective and efficient way.”

Stein said that Earl (photo at left) was “ready to step into his semi-retirement role” and she thanked him for his service.

“This was mutual on both sides,” she said. “He has really performed a great service to the county for the last five years. We have gone through some … amazing things while he sat in that office, and there's the craziness of this pandemic.”

She mentioned the addition of a corporate compliance officer, progress on the new county jail, 40-year sales tax agreement and the water agreement with towns and villages as major accomplishments.

“We just wish him (Earl) all the best as he transitions into this new role,” she said.

Earl, contacted by telephone moments ago, issued the following statement:

“I thoroughly enjoyed my work with the county and all the county employees, and I am grateful for this opportunity with the Town of Batavia on a part-time basis as part of my semi-retirement strategy.”

TOWN CREATES NEW POSITION

The Batavia Town Board is set to create the counsel to the supervisor position tonight and hire Earl, a former attorney for the town and longtime Batavia resident, at a rate of $51.52 per hour, effective January 10.

Town Supervisor Gregory Post said the decision was predicated upon the additional volume of legal work coming into the town coupled with the desire of current Town Attorney Andrew Meier, a Medina resident with a private practice, to decrease his workload.

Post added that a “number of line items in our budget are dedicated to legal and we are in a good position to enter into an agreement with Kevin for his services.”

The position will be evaluated after six months, Post added.

“There are things that have been on the table for six or seven months that haven't been attended to, and we’ve got two new projects that are been grant funded in the last 30 days.” Post said. “We have pretty good vibes that more development is on the way.”

Post noted that Wujcik represents the town on code enforcement and building inspection matters, but expects that he will be giving that up in his new role as Genesee County attorney.

The supervisor had high praise for Earl, who, he said, “did an unbelievable job for us for so many years.”

“I have great respect for Kevin,” Post said. “And when I found that he would be available, he and I had a conversation and I talked it over with my counsel and my staff. And we feel as though we're finding a path of trying to save some money.”

Post said the normal hourly rate for contracting with attorneys is around $200.

“Kevin will be in the office – and will be immediately available to the building department, to code enforcement and inspectors, to the engineering staff, to the town clerk and be able to work with planning and zoning,” he said. “He will help us move through these new public works projects and navigate contracts and insurance service agreements for the next year.”

Officials with the New York State Office of Addiction Services and Supports as well as local dignitaries are expected to participate in Thursday afternoon’s open house of Genesee/Orleans Council on Alcoholism and Substance Abuse’s new detoxification center at 424 East Main St.

The event, which is open to the public, is set for 2 to 6 p.m.  Pre-registration can be done by clicking on the following link: https://www.eventbrite.com/e/gcasa-detox-open-house-tickets-215846260977

All attendees will be expected to wear face masks and adhere to other guidelines related to COVID-19.

Guest speakers leading up to a ribbon cutting ceremony at 3:15 p.m. include Colleen Manse, addictions program specialist, and Stephanie Campbell, ombudsman project director, for OASAS; Assemblyman Stephen Hawley, and GCASA Executive Director John Bennett.

Tours of the facility will be conducted, and food and refreshments will be available at no charge.

Kathleen Hodgins, GCASA’s chief clinical officer, emphasized that the two-story, 20-bed facility further reinforces the agency’s mission of providing care at all levels of the substance use spectrum.

“Clients in detox will benefit from having a continuum of care starting with detox and including in-patient, residential and supportive living if they choose that specific pathway to recovery without having to go to another treatment facility,” Hodgins said, noting that having a detox center in Batavia will make it easier for those living in the GLOW Region.

“They will have all modalities of treatment available to them -- including peer services and case management.”

For many people, medically supervised detoxification from certain drugs and alcohol is crucial to beginning recovery, Hodgins added.

“Finding the strength to seek help isn’t always easy. We’re here to let those struggling with substance use disorder know that they’re not alone. Help is available, and it starts with our detox center admissions’ process,” she said.

The detox center is attached to the rear of the Atwater Community Residence. The opening date has yet to be determined.

Hodgins said the 8,600-square foot facility will be fully staffed by medical and substance use counseling professionals -- specially trained and certified to assist those who require short-term services.

Bennett said GCASA’s latest expansion is resulting in the creation of around 25 new jobs --mostly professional and living wages.

“The medical staff will consist of a medical director, a mid-level (supervisor) and several nurses,” he said. “There will also be a clinical supervisor and several counseling staff as well as med techs and support staff.”

As far as additional expansion, Bennett said GCASA’s Batavia campus, which also includes supporting living and childcare residences, is full. But the agency is in the midst of developing a  women’s and children’s 25-bed residential program in the Town of Albion.

Construction on the detox center began last January, with Javen Construction of Penfield as the general contractor. GCASA received a grant from OASAS and New York State to fund the project, which is estimated at $3.2 million.

Makeen Ithna-Asheri

Press release:

On Thursday, December 30th, 2021 around 9:32 PM the Batavia Police Department received a third-party phone call that two adults had overdosed in the presence of their young children at an apartment at Northside Meadows. 

The Batavia Police Department responded along with the Batavia Fire Department and Mercy EMS.  Upon arrival, the mother of the children, Anda Ithna-Asheri (38), was found to have been deceased for some time. 

The father, Makeen Ithna-Asheri (61), was unresponsive with agonal breathing.  Multiple doses of Narcan were administered and Makeen was transported to UMMC where he later recovered. 

The children, ages seven and ten, were released to the custody of a relative. Following an investigation by the Batavia Police Department, Makeen Ithna-Asheri was arrested on January 4th, 2022 around 2:33 PM by Detective Jason Ivison. 

Makeen was charged with manslaughter in the 2nd degree and two counts of endangering the welfare of a child. 

Makeen is accused of providing Anda with the drugs which caused her to overdose and knowing that she overdosed, he failed to administer proper aid.  Additionally, Makeen allegedly prevented the notification of emergency services by taking the children's phones away when they wanted to call 911.

Upon being taken into custody, Makeen was found to be in possession of a quantity of suspected crack cocaine and was charged with criminal possession of a controlled substance in the 7th degree.

Makeen is on lifetime parole for Murder in the 2nd degree and is currently being held in Genesee County Jail on $50k bail, $100k bond, and $150k partially secured bond.  Makeen is also being held on a parole warrant. 

Makeen is scheduled to reappear in court on February 2nd, 2022 at 1:00 p.m.. The Batavia Police Department would like to thank the Genesee County 911 Center, City of Batavia Fire Department, Mercy EMS, Genesee County Department of Social Services, Genesee County Child Advocacy Center, Genesee County Coroner’s Office, Genesee County District Attorney’s Office, and NYS Parole for their assistance in this case.

It’s trivia time for students at Batavia High School: who is a huge Buffalo Bills fan, an avid reader, a musician, runner and is a Bruce Springsteen fan?

If you were listening to this morning’s announcements, the answer is a no-brainer. Newly hired Superintendent  Jason Smith revealed those recreational activities during an on-air interview from the high school's main office. Smith is also happy to “talk books” of all kinds, listen to classic 1980s rock and roll, play his trombone in some local bands and spend family time watching the fourth season of Cobra Kai.

Aside from his personal passions, Smith is looking forward to returning to BHS as a 1990 graduate. 

“I have always been very proud of Batavia. I’m excited to have the opportunity to work with students, and to work with the faculty and staff,” he said. “My drive has gone from 40 minutes to four.”

As the former superintendent of Lyndonville Central School, Smith’s daily travel went north to Orleans County. He was there for the last 10 years, after serving as Elba middle and high school principal, and a teacher in Albion. After graduating from Batavia High School, Smith's college major was history, and he attended both Geneseo and Brockport State College.

According to Board of Education President Alice Benedict, Smith met some key characteristics that community members had sought, including being a hometown resident and not making Batavia a short stop on the way to another district. The board, with direction from Genesee Valley BOCES Superintendent Kevin Macdonald, conducted a search in late 2021 after former Superintendent Anibal Soler announced he was leaving.

 Smith brings with him a lifestyle philosophy he’d like to share with everyone he encounters.

“Going back to when I taught, I always believed in the concept of high expectations,” he said. “Raise the bar, set high goals. It’s our job as the adults to help achieve those high expectations.”

Smith began his career in 1994 in the Albion Central School District as a high school social studies teacher had various principal positions at Elba Central School from 2004 to 2011, and has been at Lyndonville Central from 2011 to present.

He received his Certificate of Advanced Study in Educational Administration and his Masters of Science in Education from the State University of New York College at Brockport. He is also a graduate of The State University of New York at Geneseo, where he received his Bachelor of Arts in History with a Minor in Sociology.

Monday was Smith’s first official day at the city school district. He and Interim Superintendent Scott Bischoping had previously reviewed district business, Bischoping said. Smith's first board meeting will be at 6 p.m. on Jan. 11 in the high school library. Board meetings will resume on the third Thursday of the month beginning in February. 

Top photo: New Superintendent Jason Smith answers questions during Monday morning announcements at Batavia High School. Above, Smith answers questions during announcements with Student Co-Mayor Mackenzie Harmon and high school Principal Paul Kesler Monday at the high school. Photos by Howard Owens.

 

Daquan J. Butler, 25, of Liberty, is charged with criminal impersonation 2nd. Butler allegedly lied to police about his identity while officers were investigating a disturbance on Thorpe Street, Batavia, at 11:50 p.m., Dec. 25. Butler was also wanted on a warrant.  He was released on an appearance ticket.

Daniel P. Hinca, 26, of Ft. Meyers, Fla., is charged with felony DWI, driving with a BAC of .18 or greater, and failure to use designated lane. Hinca was stopped by a Batavia PD patrol at 1:32 a.m., Dec. 24, on East Main Street, Batavia. He was issued an appearance ticket.

Nicholas P. Knouse, 18, of Attica, is charged with criminal contempt 2nd. Knouse was allegedly found in possession of a rifle in violation of an order of protection at 3:07 p.m., Dec. 20. He was issued an appearance ticket.

Paul A. Inostroza, 31, of Rochester, is charged with criminal contempt 2nd and aggravated harassment 2nd. Inostroza is accused of violating an order of protection following an incident on Dec. 11 and of leaving threatening voice mails. He was arrested at City Court on Dec. 23 and issued an appearance ticket.

Marvin K. Barber, Jr., 36, of Batavia, is charged with disorderly conduct. Barber was allegedly involved in a fight inside a business in Batavia on Nov. 25 at 11:30 a.m. He was arrested on Dec. 23 and issued an appearance ticket.

Eric J. McGill, 38, of Batavia, is charged with disorderly conduct. McGill is accused of being involved in a fight inside a Batavia business on Nov. 25.  He was arrested on Dec. 21 and issued an appearance ticket.

Richard G. Hafford, 43, of Batavia, is charged with criminal mischief 4th and harassment 2nd. Hafford was allegedly involved in a fight at a location on East Main Street, Batavia, at 2:21 a.m., Nov. 12. He was arrested on Dec. 23 and issued an appearance ticket.

Timmy L. Taylor, 47, of Batavia, is charged with petit larceny, grand larceny 4th, and aggravated unlicensed operation. Taylor is accused of stealing a mobile phone and a vehicle from a person and then operating that vehicle on a revoked license. Taylor was issued an appearance ticket.

Michael J. Robbins, 62, of West Main Street, Batavia, is charged with petit larceny.  Robbins is accused of stealing $83.13 in merchandise from Walmart at 7:35 p.m., Dec. 30.  He was issued an appearance ticket.

Joseph Owen Hutt, 32, of Donlin Drive, Rochester, is charged with DWI and speeding. Hutt was stopped at 7:22 p.m., Dec. 29, on Route 33, Byron, by Sgt. Mathew Clor. He was issued traffic tickets.

Lisa M. Grasby, 50, of Le Roy, is charged with petit larceny. Grasby was arrested by State Police in connection with an incident reported at 10:12 a.m., Dec. 24, in the Town of Batavia. She was issued an appearance ticket. No further details were released.