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For Padma Kasthurirangan, a national expert in wind energy distribution, a project being promoted by Whitecap Electric, LLC, of Amherst, in the Town of Darien can’t begin fast enough.

“We would like to start, like two years ago, but our construction will probably be in 2023,” said Kasthurirangan, responding to The Batavian’s question about a starting date for the installation of two wind turbines of up to 2.5 megawatts each on farmland at 2311 Bennett Road.

The chief engineer and president of Buffalo Renewables, she was in Batavia tonight -- along with three colleagues – at the Genesee County Planning Board meeting at County Building 2.

County planners recommended approval of the site plan and special use permit, with a few modifications pertaining to decommissioning, visual impact and bird analysis studies, and stormwater prevention.

As reported on The Batavian yesterday, the $6 million project calls for the wind turbines, which would be connected to the grid under the Community Distributed Generation program, to be about 450 feet high.

During the meeting, Kasthurirangan informed planners that her company has been working on this for quite some time, and is committed to meeting all requirements put forth by the Town of Darien.

She said utilities will be placed under the ground and that the company is not requesting any variances.

John Hannon, a partner with Triad Recycle and Energy in Buffalo, added that they’re waiting for National Grid to determine where it wants the connection, and will restore any disrupted land to agricultural use.

Also representing the project at the meeting were Vasu Primlani, business development manager at Buffalo Renewables and a renowned environmentalist, and engineer Kenneth Rawe Jr.

Hannon said that Triad Recycle and Energy has two wind turbines at its facility in Tonawanda and that “Padma has put up more turbines than anyone in New York State.”

On the subject of noise complaints from wind turbines, Kasthurirangan said that most of the noise complaints “are not usually backed by actual noise issues.”

“It can make noise when there's a problem with the turbine, but the turbines that we pick will be certified to IEC (International Electrotechnical Commission) standards, and they go through a whole acoustic testing process," she said.

In other action, planners recommended approval of:

• A revised site plan for exterior changes at 99 Main St., Batavia, an historic building that is being renovated as part of the Downtown Revitalization Initiative.

• A zoning map change from Planned Development to Residential for homes at 145 and 147 Pearl St., Batavia, to enable the placement of a shed at 147 Pearl St. The matter now will go to the City Planning & Development Committee.

GENESEE 2050 TALK SCHEDULED

County Planning Director Felipe Oltramari announced that a presentation of the Genesee 2050 project, encompassing the county's Comprehensive and Recreation plans, is scheduled for 5:30 p.m. Dec. 16 at the Old County Courthouse. Citizens can attend in person or via Zoom. Contact Oltramari at 585-815-7901 for more information.

Previously: Planners to review revised site plan for 99 Main St.

With the percentage of Genesee and Orleans county residents who have received at least one dose of the COVID-19 vaccine significantly less than the New York State number, local healthcare and government officials are stepping up their efforts to reach those who, for one reason or another, are among the “vaccine hesitant.”

Speaking during a media briefing via Zoom this morning, Genesee/Orleans Public Health Director Paul Pettit reiterated what he has been saying for the past year: “That vaccines are the best protection against the coronavirus … and against severe illness and death.”

Statistics provided by Pettit reveal that 61.8 percent of Genesee County residents and 59.3 percent of Orleans County residents, when looking at the total population, have received at least one dose of the Moderna, Pfizer or Johnson & Johnson vaccines. (The first two are administered in two shots; J&J is one shot).

That pales in comparison to the state as a whole, with the percentage of the total population that has received at least one shot at 79.4 and the percentage of those 18 and older at 91.8.

When looking at the completed series, Genesee County’s number falls to 55.9 percent and Orleans is at 52 percent. In the age 5-11 category, Genesee is at 10.6 percent and Orleans at 9.5 percent.

For the eight-county Finger Lakes Region, the one-dose percentage is at 70.7 percent and the completed series percentage is at 63.1 percent, Pettit reported.

“That’s why we again are trying to get our vaccination rates up as high as we can,” he said. “COVID vaccines significantly reduce the likelihood of hospitalization and death.”

Pettit placed special emphasis on the vaccine booster shots that recently became available.

“We just need to go and get that booster shot now and make sure we're protecting ourselves as best as we can,” he said, adding that both Genesee and Orleans health departments continue to offer weekly COVID-19 vaccination clinics (Wednesdays in Genesee County and Thursdays in Orleans County).

Joining Pettit on the call were Dan Ireland, president of United Memorial Medical Center; Matt Landers, Genesee County manager; Marianne Clattenburg, Genesee County legislator, and Lynne Johnson, Orleans County Legislature chair.

Acknowledging the need to improve Genesee County’s vaccination numbers, Landers – as initially reported on The Batavian – mentioned the Finger Lakes Region’s push for a “targeted rural campaign” focused on hard to reach populations such as Native American, Amish and Mennonite, hard to reach zip codes and under vaccinated zip codes.

“We’re trying to find more creative ways to attack and go after targeted media advertising towards them,” he said, adding the plan is to use direct advertising, postcards and other mailings. “Their targets are not necessarily trying to change minds of people that are absolutely set, but it's really to educate, to go after vaccine hesitancy and to go after some of the harder to reach populations potentially …”

On the hospital side, Ireland said UMMC and Rochester Regional Health’s “number one priority” is to maintain full access to healthcare in the community, noting that UMMC is open for all types of elective surgeries at this time.

He also pointed out the importance of getting vaccinated, wearing masks where appropriate and getting tested, especially prior to social or family gatherings.

He said that his family did just that before Thanksgiving and, fortunately, no one tested positive.

“So, really it’s a small step, but it makes a big difference,” he said. “And it will help us on the hospital side. Because certainly as we continue to have a fair number of unvaccinated in the community. It makes a difference when they become positive as we're seeing a higher percentage of unvaccinated patients in our hospital versus the vaccinated COVID patients.”

Statistically, Ireland said that there are more than 200 patients who have tested positive for COVID in RRH hospitals, with 11 percent of those at UMMC. Sixty-two percent in the Intensive Care Unit are COVID positive, with 80 percent of those people unvaccinated.

“Put in non-statistical terms, the unvaccinated truly are showing signs of higher acuity in the hospital,” he said, noting that 100 percent of patients on ventilators are unvaccinated.

Ireland said UMMC continues to partner across the RRH system and with other hospitals in the region to “work on any load balancing options that we can provide; in order to make sure that all patients in our region get care, regardless of where you seek that care.”

He added that 95 percent of RRH outpatient clinics are open, although he did say that wait times may be longer than normal.

Looking at specific areas of concern:

COMMUNITY SPREAD

Pettit said the number of positive cases have remained steady recently but are still too high, with 250 active cases in Genesee County and 334 active cases in Orleans County. Forty-eight of those are in the hospital (35 in Genesee and 13 in Orleans).

Over the past seven days, the positivity rate in Genesee and Orleans is at 12.5 percent and 12.2 percent, respectively.

As far as breakthrough cases are concerned (positive tests of those who are fully vaccinated), Pettit said the percentages are 30 percent in Genesee and 29 percent in Orleans – with these types of cases increasing over the past two months.

He urged those who have been vaccinated with Moderna or Pfizer at least six months ago and those who had the J&J vaccine at least two months ago to get a booster shot.

Pettit pointed out that most of the spread is from social gatherings "where there's prolonged contact indoors" and from those who think they just have a cold (due to it being cold and flu season).

"So, again, one of our messages we've said from day one is if you're symptomatic, stay home, don't go to work, don't go to school, stay home while you have the symptoms, get that test and verify," he said. "Regardless of COVID, we don't want to be spreading germs around."

COVID-19 TESTING

Pettit said that limited testing is being offered at both health departments by appointment, and that local pharmacies and urgent care centers also are providing testing.

He advised that home testing kits will become more prevalent as time goes on, and that GO Health is getting closer to accepting results of home testing.

“Ultimately, they are very accurate, if done properly. And a positive is a positive on those test kits. So, again, we'd encourage you to get those and use them if available,” he said.

Homebound individuals are asked to call their health departments (Genesee: 585-344-2550, ext. 5555; Orleans, 585-589-3278) to get on a list for a home visit.

OMICRON VARIANT

Pettit said the Omicron variant has not bee identified in Genesee or Orleans, but “that does not mean that it is not here, it just means that it has not been detected (yet).”

He said the new variant likely spreads more easily than the original COVID virus, very similar to how Delta (variant) spread a lot easier.

“The early indication is that the severity does not seem to be too bad again, but it is early and they're continuing to track that,” he offered.

CONTACT TRACING

For those in isolation or quarantine, responding to health department or New York State contract tracers is essential, Pettit said.

“I can't reiterate this enough,” he said. “We need folks to answer the phone; we need folks to engage with us during the process. Because if we don't, if we're not able to do the investigation, and we're not able to talk to you, to release you, we can't send the (release) letter.”

GUIDANCE IN SCHOOLS

Pettit said the collective goal is to keep students in school, and “this year, I think we've done a fairly good job of that.”

Per state mandate, masking continues to be required indoors at schools.

He said his department is talking with superintendents about new strategies, specifically Test to Stay and Test Out of Quarantine.

“There is a checklist and the schools have those and we are discussing how we can implement but ultimately they have to have a written plan around how they would implement these different approaches within their school system,” he said. “And one of the biggest barriers is that it has to be done equitable. We can't have this just for some kids and not for others …”

Editor’s Note: Batavia City School District closed all schools last Friday, Dec. 3, following the perception of threats of violence and after the distribution of student-created literature and a proposed walk-out at Batavia High School. Students wanted to bring awareness to bullying and their belief that district officials were not responding adequately to reported incidents of bullying. The district closed after reports of threats of violence at buildings in the district began circulating on social media. Per a press release issued on Dec. 2, District officials "worked in close collaboration with the Batavia Police Department and made the decision to close the schools out of an abundance of caution." Many parents posted comments on social media and responded to The Batavian’s request for interviews. Parents’ full names and their children’s names are not being used to protect their privacy. 

To read the response of school and district officials to the parents' complaints, click here.

Lidia’s Story …
She would often come home distraught after being verbally taunted at Batavia Middle School.

She would tell her mom that kids called her names and told her to “go back where you came from,” which prompted the teenager to ask why. Why should she want to go back to Texas, she wondered.

No, that’s not what the kids meant, her mom Lidia said. Being of Hispanic and Native American descent, Lidia’s daughter was instead being asked to go back to Mexico, Lidia said.

“She would come home crying, saying ‘I’m from here,’” Lidia said Sunday to The Batavian. “I just want (district leaders) to realize there’s a problem at school. There’s bullying everywhere, and maybe the teachers, the Board of Education, the principals will pay attention.”

Lidia’s family moved from Texas to Batavia six years ago. It was mostly in the middle school that her daughter suffered from name-calling with “racist and homophobic slurs,” her mom said. The teenager, who is also gay, required counseling, a prescription medicine for depression, and, at one point earlier this year, hospitalization for her compounding mental health issues, her mom said. 

When the verbal assaults continued, albeit not quite as harsh as in middle school, the current high school senior finally had enough. She and some friends decided to organize a walk-out, promoted with a flyer, and advertise the bullying wrongs in a pamphlet, both created by Lidia’s daughter. 

She asked her mom what she thought of the idea. It wasn’t just for Lidia’s daughter, but for those others she saw getting bullied as well with nothing being done by the school district. 

“Her biggest concern was a lot of people were getting bullied and no one is doing anything,” Lidia said. “They were alone in this; she felt that maybe having a walk-out might bring it to the attention of others. I told her to go ahead, and I was going to be there. She ruffled some feathers, she put a spotlight on it.”

The pamphlet’s cover page features a Batavia Blue Devil with “Batavia School Kills” at the top. It continues to state “Don’t tell us students to do better. Don’t try to place the blame on us. Staff Members are useless. They don’t care about us.”

Due to the use of students’ names throughout the pamphlet, The Batavian is not going to publish it here. Batavia city schools “allow racism, homophobia, sexism, and misogyny, but won’t allow our shoulders to be exposed,” it states. There are a number of alleged bullying scenarios described, including boys yelling homophobic comments, someone being screamed at to kill him/herself by another student, and using "nig- - -," "faggot" and "stupid Jew" to describe fellow students. 

There are some educational components of defining particular words, such as ableist, transphobic, racism, sexist and anti-Semitic. A couple pages have big bold letters asking “What the F- - -.”

Lidia’s daughter has been suspended from school for violating the Code of Conduct. She will receive tutoring at a site away from the high school for an indefinite period of time. Her mom is still waiting for instructions from the district administration. 

Holly’s Story …
Bullying with no repercussions seems to be a common complaint amongst parents and their children. Holly has two children in the district and one who graduated two years ago. The 10th-grader is bi-racial and diagnosed with autism spectrum. 

Bullying has driven her online, her mom says. 

As the victim of consistent racist name-calling — with no end in sight — the 15-year-old withdrew from the brick and mortar school in May and studies completely online now. 

“So a lot of people don’t know that I had been basically bullied out of school due to racism, being called names such as ‘nig- - -‘ and ‘monkey,’ she said in an online post provided to The Batavian by her mother. 

Although her daughter told teachers and counselors about the situation, she contends that the alleged bully remained in school with no apparent accountability, Holly said. 

“They were aware of it,” she said. “The situation continued.”

Her daughter ended up making some poor choices in response to the verbal attacks, her mom said, and is willing to face the consequences.  District leaders “were quick to give her suspension,” she said, but what about the other student?

“She continues to say things,” mom said of the alleged bully.

Both Lidia and Holly said that their children were offered a solution of removing themselves from the classroom and/or hanging out in a counselor’s office. Only problem with that was her child’s bully would sometimes also be in that counselor’s office, Holly said. 

She discussed the issue with district leaders in May and June of this year, without an acceptable solution, Holly said. And although she admits that her child is not perfect, she would like to see more being done to address bullying. 

“I think awareness definitely needs to take place,” she said. “My frustration is there’s a zero-tolerance policy.”

That means if two students get into a physical altercation, even if one of them was defending him/herself, that person could also get penalized. Holly feels that’s unfair.

“I think when these kids go to the teachers, there should be some kind of mediation between all parties involved,” she said. “Kids lose faith in the system if they’re going to teachers and nothing can be done. The BHS principal said that anyone who walks out will be suspended. Kids wanted to peacefully protest bullying. What’s being done about her being bullied?”

Regardless of district action, or inaction according to parents, both daughters weren’t going to wait around for someone else to help them. Lidia’s daughter drafted the printed literature to distribute, and Holly’s daughter created a petition at change.org.

The online petition, posted publicly by Ellie, has received 84 votes so far, with a total of 100 being sought. Her reason wasn’t “so much of being safe, but I’ll feel better as a person if I wasn’t attacked in school for my skin color,” she explained in the petition. She went on to request that “the student who has been racist to a lot of students at my school and me” be removed from school. 

“It’s not fair that students who have been attacked with racism by this person go to school and not know if this person is going to say those things again,” she said, adding that it’s not acceptable.  

Sherri’s Story …
For Sherri’s daughter, she opted to get physical. After dealing with a boy’s ongoing sexual harassment in her junior year, the girl slapped him in the face after first attempting to confront the bullying by reporting it to teachers, Sherri said. The end result was punishment for both sides. She got two days of in-school suspension and was suspended from school for one day. The boy was given two days of suspension. 

Sherri referred to a program that she believes isn’t being well promoted by the district. Sources of Strength, a peer-to-peer mentoring program, offers viable emotional support for troubled students, she said. Due to last year’s pandemic and kids staying home, this program isn’t well known in the district community, she said. 

Sources of Strength is a high school group with the message “We Belong!” It initiated a March 2021 campaign in the district newsletter. Sources of Strength is a suicide prevention program with approximately 70 BHS student members, called peer leaders, and six adult advisors, the newsletter stated.

Holly plans to keep her daughter out of school and online for the remainder of this year. She plans to wait and see “how this year plays out.”

“She is extremely bright and is doing higher-level classes at 15 … so she can get out of school as soon as possible because it is so stressful,” the proud mom said. “There are some good teachers there, some good people there, but all it takes is one rotten apple to spoil the bunch.”

Top photo: Batavia PD's resource officer worked at the school during the closure on Dec. 3 and another officer happened to be at the school at the time the photo was taken. Photo by Howard Owens.

Editor’s Note: This is the response from Batavia City School District’s Administration regarding parent and student comments about bullying at district schools. The district closed city schools last Friday, Dec. 3, following the perception of threats of violence and after the distribution of pamphlets and a proposed walk-out in protest of what students believed was a lack of response to bullying.The district closed after reports of threats of violence at buildings in the district began circulating on social media. Per a press release issued on Dec. 2, District officials "worked in close collaboration with the Batavia Police Department and made the decision to close the schools out of an abundance of caution."

To read what the parents had to say about bullying at Batavia HS, click here.

Contrary to the belief of some families that Batavia City School staff doesn’t care about or respond to bullying adequately enough, there are teachers, counselors, administrators, and even student peers in place to support students in need, Interim Superintendent Scott Bischoping says. 

“I think it’s important for parents to know we want to work together. We appreciate parent input,” he said during an interview with The Batavian Wednesday. “The folks here are committed to working with the kids and parents to make this district the best we can.”

Bischoping and Batavia High School Principal Paul Kesler agreed that incidents being cited by students do not always have a simple fix.  In fact, they are often “far more complex than that,” Bischoping said. 

He doesn’t deny that there are “true instances” of bullying that are clear-cut violations of the district’s Code of Conduct, however, “these are the ones that are easiest to work with,” he said. 

It is all of the other situations — involving “multiple kids and multiple issues” — that take time to navigate, investigate, decipher and determine who the key players are and what was said and/or done, he said. 

“There’s no immediacy involved with that,” Bischoping said. “There’s no one of these that looks alike; each one we go into with a different approach.”

Some students had reported to their parents instances of name-calling using homophobic and/or racist slurs, and that the incidents weren’t being taken seriously by district staff.

Kesler offered a rebuttal: These matters are treated with confidentiality, he said, and therefore information is often kept private while staff investigates the situation. 

“We do look into discrimination on any level; it isn’t anything that we tolerate,” Kesler said. “My recommendation is that if a parent calls somebody and they don’t feel the situation has been dealt with, call again. Once we’re made aware of the situation, we know our responsibility is to take care of it. Our goal is for the situation not to happen again.”

Some parents complained that their children were offered opportunities to leave the classroom and remove themselves from their accused bullies. The parents didn’t feel it was fair to remove their child from the classroom or to offer safe space at a counselor’s office, where the alleged bullies were as well. That’s where things can get dicey since counselors are also trying to talk with the accused bullies to try and rectify the situation, he said. 

Board of Education President Alice Benedict feels confident that district leaders are responding to family concerns appropriately.

"I talked to Interim Superintendent Bischoping several times, and he reassures me that available counselors and teachers are contending with lots of questions of students and their complaints of bullying," Benedict said. "I think they are doing all they can. It can be overwhelming for teachers and counselors. It seems the tragic death of one of the students seems to have pushed the students' comments of being bullied."

There has been no confirmation of that student's death being related to bullying, however, many families have linked it to other bullying incidents. District officials had no official comment about the death, but have offered condolences to the family at prior board meetings.

What is bullying?
According to the district’s Code of Conduct, the Dignity for All Students Act (pages 15 and 16) “makes sure students are learning how to get along, work together, and respect differences in schools that are safe and welcoming to all.” 

“The District strictly prohibits discrimination, harassment and/or bullying against any student, by employees or students, that creates a hostile school environment by conduct, or by threats, intimidation or abuse, including cyberbullying, that: a) has or would have the effect of unreasonably and substantially interfering with a student’s educational performance, opportunities or benefits, or mental, emotional and/or physical well-being; or b) reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; or c) reasonably causes or would reasonably be expected to cause physical injury or emotional harm to a student; or d) occurs off school property and creates or would foreseeably create a risk of substantial disruption within the school environment, where it is foreseeable that the conduct, threats, intimidation or abuse might reach school property,” the Code states.

“Such conduct shall include, but is not limited to: acts based on a person’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender (including gender identity or expression) or sex,” it states.

There are students that claim to have been so disturbed and disrupted by the name-calling that they left school and enrolled in a BOCES remote learning program that is completely online. Kesler estimated there to be 25 students enrolled in the program at this time for various reasons that also include parental concerns about the transmission of COVID-19. He would like students to remain in school, but the online program is another option, he said. 

Where to turn for help
The district provides four counselors at the high school and another counselor who is shared between the middle and high schools, and additional counseling or social work support is being actively sought, Bischoping said. Part of the American Rescue Plan Act funds of $5 million will go toward supports of instructional and mental health counseling, and other Covid-19 related needs, such as air purifiers, he said. 

Other resources include:

• Sources of Strength is a peer-to-peer mentoring program led by a faculty advisor. (See Parents seek help for their bullied children.) “We’re encouraging students not to share publicly another student’s story, but if they’re aware (another student is troubled) … we have an emotional/social learning team,” Kesler said. SOS members may refer a student to that team, which can support the student with “reflective and restorative” measures to help them learn positive behaviors and recognize what to be aware of to deal with mental health challenges. 

  The We Belong campaign was to bring awareness to breaking stereotypes and being tolerant of all people, the newsletter stated. It focuses on inclusion and acceptance, without regard to race, religion, gender, culture, or other differences.

  “Instead, members work to encourage their peers to be proud of who they are and to find strength in the positive characteristics they hold,” it stated. “In line with the District's mottos of belonging together and remaining strong, the Sources of Strength group kicked off the campaign with a mural in the BHS entrance stating, ‘We, the Blue Devils, Belong Together.’”

  Throughout March, Sources of Strength members planned to reach out to the student body in a variety of ways, including shared, student-led videos and a lunchtime program aimed to reach as many individual students as possible. A wall art display represents how the entire student body creates one picture all together, regardless of differences, the newsletter stated.

• The parent connection. School officials encourage parents to speak up about concerns. Call the district at 585-343-2480, Ext. 2000 for the high school. “If a parent knows the child is in trouble, we want them to get one-on-one counseling,” Kesler said. 
• A counselor has been visiting students in social studies class Mondays and Tuesdays throughout the school year, to check-in and talk about how they’re doing. This is an opportunity for students to connect to a counselor and further discuss any issues they have out of the classroom.  “They’re telling students it’s ok to talk to a counselor (teacher, staff, principal) about something,” Kesler said, adding that he has received many emails and phone calls, plus had conversations with at least 100 people that were “positive and supportive” about the recent upheaval of discontent from groups of parents and students. Other students wanted their voices to be heard, he said, which prompted the district to figure out how to support those students that “may be feeling a little isolated.”
• BOCES has a trained trauma-informed grief counselor that is shared by all BOCES districts and available for mental health crises, such as the death of a district teacher.
• National Suicide Prevention Lifeline is available 24 hours a day, seven days a week throughout the United States. If you’re thinking about suicide, are worried about a friend or loved one, or would like emotional support, call the free and confidential Lifeline at 1-800-273-8255. For more information, go to suicidepreventionlifeline.org 

COVID Complications …
The pandemic — which closed school, placed students at home on a computer, and created massive social distancing — did its share of damage amongst students, Kesler said. CBS News reported that the United States Surgeon General issued an advisory this week about a mental health crisis that is worsening amongst youth.

The number of youth experiencing depressive and anxiety symptoms, the advisory stated, doubled during the pandemic to 25% and 20% respectively, and in early 2021, emergency room visits for suicide attempts in the U.S. were 51% higher for adolescent girls and  4% higher for adolescent boys compared to the same time in 2019. 

Kesler agreed that school districts are experiencing a similar pattern, according to counselor reports.

“Students are realizing that their mental health needs more priority, we’ve certainly seen that,” he said.

News that Monroe County has purchased 750,000 at-home rapid COVID-19 testing kits has triggered an expected response from leaders of Genesee and other rural counties in the Finger Lakes Region: Where are our test kits?

“We going to continue to beat the drum” for financial support from New York State to have access to as many test kits as needed, Genesee County Manager Matt Landers said during this afternoon’s County Legislature meeting at the Old County Courthouse.

Landers said members of the Finger Lakes Region group of administrators, public health officials and legislators are advocating for “a similar allotment” – enough test kits for distribution among their residents.

“Erie and Monroe counties got additional CARES (Coronavirus Aid, Relief, and Economic Security) Act money,” Landers said. “We have emailed the state and the response we got is that they (too) are having a hard time procuring them.”

On Tuesday, Monroe County Executive Adam Bello announced that 250,000 rapid test kits will be used for school-aged children and the other 500,000 will be given to towns, villages and the City of Rochester.

Landers said he believes that more in-home testing is “one way to lessen the spread,” adding that he is confident that residents possess the knowledge to administer the tests and the willingness to take appropriate action in the case of a positive COVID test.

On another front, Landers said that Jan. 5, 2022 is the target date for the processing of the bond resolution that will fund the new county jail on West Main Street Road. He said the county expects to issue construction bids at the end of January, award the bids in March and break ground in April.

The legislature approved the following appointments:

• Gary Graber, Darien, Parks, Recreation & Forest Advisory Committee, 12/9/21-3/31/24.

• Lynn VanDerBeck,. Byron, Office for the Aging Advisory Council, 1/1/22-12/31/24.

• Dr. Javeed Mir, Batavia, 1/1/22-8/14/22; Wendy Haywood, Bergen, 1/1/22-12/31/22; Kathleen Antonelli, Batavia, 12/8/21-12/31/25; Vernon Saile, Byron, 12/8/21-12/31/25, Mental Health Community Services Board.

The Genesee County Planning Board on Thursday is expected to review a revised site plan submitted by smartDESIGN Architecture for exterior changes at 99 Main St., Batavia -- the future site of the Buffalo Implants and Periodontics office.

The meeting is scheduled for 7 p.m. at County Building 2 on West Main Street Road.

According to documents submitted by project manager Todd Audsley, further changes in the façade design and elevation are necessary due to problems with product and subcontractor availability.

Specifically, the new plan calls for construction of “a site-built wood-framed storefront wrapped in exterior break metal, with a metal standing seam skirting at the second floor line, which forms a small hood over the recessed entry.”

The original concept was an aluminum storefront with a fabric awning over the recessed doorway.

County planning staff is recommending approval of the revision since it still conforms with the City of Batavia’s Design Guidelines in the Central Commercial (C-3) District.

The $1.1 million renovation and restoration of the historic, three-floor, 7,500-square-foot building is part of the New York State Downtown Revitalization Initiative. The dental practice is on the first floor while the second floor is being developed for commercial office space and the third floor will include two two-bedroom market rate apartments.

Another referral of note on Thursday’s agenda is a site plan review and request for a special use permit for an Amherst company to erect two wind turbines at 2311 Bennett Road in the Town of Darien.

Whitecap Electric, LLC, is looking to install a pair of wind turbines of up to 2.5 megawatts each with a total height of approximately 450 feet. The bottom of the blade would be more than 30 feet above any obstruction within a 250-foot radius.

The $6 million project is earmarked to comply with the 5-megawatt cap for net metering in New York and will be connected to the grid under the Community Distributed Generation compensation scheme.

County planning staff is recommending approval with modifications focusing on a proper decommissioning plan, visual impact study and bird analysis, stormwater pollution prevention plan and application for a 9-1-1 Address Verification with the Genesee County Sheriff’s Office.

Photo: Revised design of the facade at 99 Main St., Batavia. Courtesy of Genesee County Planning Department.

There were 236 new positive tests for COVID-19 among Genesee County residents over the past week, along with 250 people who had been positive but have been released from mandatory isolation.

The total active positive cases among local residents is 226 as of Monday.

Of those, 35 local residents are hospitalized.

Two more people, including one under age 65, have died as a result of contracting COVID-19, bringing the death total in Genesee County to 302 since the start of the pandemic.

As for vaccination, 30,551 Genesee County residents are fully vaccinated, or just shy of 56 percent of the population.

Michael Tomaszewski

The sentencing of former funeral home director Michael Tomaszewski on fraud charges has been delayed again because he's tested positive for COVID-19.

District Attorney Lawrence Friedman said Tomaszewski's attorney produced a document showing his client had tested positive.

County Court Judge Charles Zambito ordered Tomaszewski to the Genesee County Jail where he was tested again.  That test, according to Friedman, was also positive.

Tomaszewski's court appearance has been delayed until an as yet undetermined date.

The former funeral director entered a guilty plea in April to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

Jail Superintendent William Zipfel said he can't discuss the health status of an inmate at the jail but said since the start of the pandemic, per the protocol of the state's Commission of Corrections, all new inmates are quarantined for their first 14 days in jail.

His sentencing on the conviction has been delayed multiple times for various reasons.

Story updated at 4:11 p.m.

Kimberly Blue, 33, of Batavia, is charged with endangering the welfare of a child and criminal contempt 2nd. Blue allegedly left several children under age 10 unsupervised for several hours on Nov. 20.  None of the children were harmed and they were turned over to relatives. The investigation is ongoing and Child Protective Services has been contacted. Blue was issued an appearance ticket.

Dean C. Siminski, 32, of Batavia, is charged with criminal obstruction of breathing, endangering the welfare of a child, and harassment 2nd.  Siminski is accused of engaging in a physical altercation with a child on Nov. 29 at 6:45 a.m.  He was arraigned in City Court and ordered held on $2,500 bail, $5,00 bond, or $15,000 partially secured bond.

Crystal A. Mounts, 44, of Batavia, is charged with two counts of petit larceny. Mounts is accused of stealing a package from a porch on North Street, Batavia, at 7:30 a.m., Nov. 23.  She is also accused of stealing a package from a residence on Summit Street. Mounts was issued an appearance ticket.

Christopher C. Taylor, 21, of Conesus, is charged with burglary 2nd and criminal contempt 2nd. Batavia police officers allegedly observed Taylor inside a specific residence in Batavia in violation of an order of protection. He was arraigned in City Court and ordered held on $5,000 bail, $10,000 bond, or $20,000 partially secured bond.

John Hobbs, 34, of Batavia, is charged with theft of services and criminal contempt 2nd. Hobbs is accused of leaving a local restaurant on Nov. 4 without paying for his meal. He was allegedly at the restaurant in the company of a person he is not allowed to contact by court order. He was arrested at the Genesee County Jail on Nov. 24 and issued an appearance ticket.

Jessica Holtz, 38, is charged with petit larceny. Holtz is accused of shoplifting from a location on Jackson Street, Batavia. She was issued an appearance ticket.

Miya R. Houseman, 21, of Medina, is charged with DWI and driving with a BAC of .08 or greater. Houseman was stopped at 2:13 a.m., Nov. 27, on Oak Street, by a Batavia PD patrol. Houseman was issued an appearance ticket.

Kara Brooke Sass, 27, of West Main Street, Batavia, is charged with criminal possession of a controlled substance 3rd (intent to sell), criminal possession of a controlled substance 4th, and criminally using drug paraphernalia. Sass was allegedly found in possession of cocaine and narcotics paraphernalia during a probation check of her residence at a mobile home park at 7:39 p.m., Dec. 3. Sheriff's deputies assisted probation officers at the scene. Sass was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

Justin T. Calmes, 43, of Watson Street, Batavia, is charged with criminal contempt 2nd.  Calmes is accused of violating an order of protection by following, approaching, and interacting with a person who is the subject of the court order at 2 p.m., Nov. 27, at a location on Pratt Road, Batavia. Calmes was arraigned and released.

Press release:

After a thorough investigation of the social media threats against the Batavia City School District (BCSD) that surfaced on Thursday, December 2, the Batavia Police Department has found no evidence of a credible threat to the district.

BCSD has been cleared to resume all activities beginning Saturday, December 4, and schools will open for all students on Monday, December 6.

As a precautionary measure, there will be an increased police presence in and around BCSD buildings for all activities this weekend and next week.

The Batavia Police Department continues to work in collaboration with the FBI and Secret Service to monitor all social media threats to ensure the continued safety of the district’s students and staff.   

If any student or family has any additional information regarding the threats, we ask that you please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370. 

Zachary Hursh Alexander Scheg Jason Schmeer

A possible environmental conservation violation on Horseshoe Lake Road in Stafford turned into a two-county criminal pursuit and the eventual arrest of three men on various felony charges on Monday night, according to the Sheriff's Office.

Taken into custody:

Zachary P. Hursh, 37, of Rochester

• Criminal possession of stolen property 3rd
• Unlawful fleeing of a police officer
• Criminal possession of a controlled substance 7th
• Obstructing governmental administration 2nd
• Reckless driving among other traffic violations.

Alexander D. Scheg, 27, of Byron

• Criminal possession of stolen property 3rd
• Criminal possession of a controlled substance 7th
• Obstructing governmental administration 2nd

Jason R. Schmeer, 41, of Rochester

• Criminal possession of stolen property 3rd
• Criminal possession of a controlled substance 7th

According to the Sheriff's Office, a DEC conservation officer stopped to investigate a possible violation of conservation law in the area of Horseshoe Lake and Sanders road at 10:19 p.m., Monday, and when she attempted to make contact with a suspect vehicle by activation of her emergency lights, the vehicle fled the area. 

Deputies then joined the pursuit and successfully deployed spike strips at Route 237 and Route 33 in Stafford.  

The vehicle continued to flee at a high rate of speed, failing to yield to emergency vehicles operating lights and sirens.

The Orleans County Sheriff's Office was informed the pursuit.

The vehicle failed to negotiate a turn onto Glidden Road in Clarendon going off the north shoulder of the roadway and striking a street sign and utility pole. 

The vehicle was no longer operational and two occupants, including the driver, fled on foot.

A third person, Schmeer, was in the back seat and immediately taken into custody. 

A search ensued involving deputies from both counties, troopers, Albion police, and Batavia PD Officer Stephen Quider and his K-9 "Batu."  The conservation officer deployed K-9 "Handley."

A short time later, the passenger, ID'd as Scheg was located in a heavily wooded area.

Hursh was subsequently located in a nearby residential garage.

Upon investigation, officers determined the vehicle the trio fled in, a 2017 Honda Civic, was allegedly stolen from Rochester.  The vehicle allegedly contained cocaine and drug paraphernalia. 

All three suspects were arraigned in the Town of Stafford.  Hursh and Schmeer were ordered held in jail based on having two or more previous felony convictions. Scheg was released on the new charges but held in the Genesee County Jail on a City of Batavia warrant.

Genesee County Manager Matt Landers, in response to a record number of new COVID-19 cases on Wednesday, has revised the masking policy for county employees.

Effective yesterday, all county employees are required to wear masks while in county buildings, regardless of their vaccination status. Previously, the requirement was that county employees had to show that they were vaccinated in order to not have to wear an approved face covering.

“We can point to three key reasons why this change has been made,” Landers said last night. “First, Genesee County set a new record for positive cases in one day yesterday (Wednesday) with 82; next we are seeing that 35 percent of the positive cases are vaccine breakthrough cases (those who previously were vaccinated) and, although not confirmed, there is suspected spread of the virus from county employees.”

Landers said he is approaching further policy changes “in steps,” adding that the next step would be to require masking of members of the public in county facilities.

However, he said there would be “no step where we would impose anything on private entities, such as businesses. That would be left up to the state.”

He said he is leaving it up to department heads when it comes to specific buildings.

“At the Office for the Aging (on Bank Street), masks are required for both staff and the public,” he said, noting a higher risk among elderly residents.

Landers did say that once people are seated and kept apart by at least six feet, they can remove their masks.

The county employs about 500 people at various locations.

Press release:

Earlier today the City of Batavia Police Department was made aware of threats being spread on social media involving students from the Batavia City High School. Officers have been investigating, and continue to investigate this matter with assistance from our local, state and federal law enforcement partners in order to determine the credibility of the threats circulating.

Out of an over-abundance of caution, the District, in consultation with the Police Department, has made the decision to close all buildings within the Batavia City School District tomorrow, Friday, December 3.

"The Department is taking this matter seriously, and will devote the resources needed to ensure the safety and security of the students in the Batavia City School District.", stated Chief Shawn Heubusch, "We remind parents to continue to monitor their child's social media presence and report anything that is suspicious."

We ask that parents and students report any information relative to the threats going around by contacting the City of Batavia Police Department at 585-345-6350 or submit a tip on the Department's CrimeWatch page (www.bataviapolice.org). Further, we discourage the public from continuing to share any posts as it can create unnecessary fear within our community.  

Previously: City Schools to close Friday due to threats of violence on social media

Press release:

Over the last few hours, it’s been brought to the attention of the Batavia City School District (BCSD) administration that reports of threats of violence at buildings in the district are circulating on social media.

BCSD is currently working closely with the Batavia Police Department, and out of an abundance of caution, BCSD has decided to close all buildings in the district tomorrow, Friday, December 3, while the Batavia Police Department continues its investigation into whether these threats are credible.

All after-school activities are also canceled for Friday, December 3.

BCSD will continue to update students, families, and staff as relevant information on the investigation becomes available. The safety of BCSD students and staff is the top priority, and the district is taking these allegations against our community very seriously. 

If any student or family has any information regarding the threats, we ask that you please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370. 

UPDATE: News release from the Richmond Memorial Library.

Along with the Batavia City School District, the Richmond Memorial Library will be closed on Friday, December 3 to deal with an emergency situation. 

Dan Wood is a classic example of someone who has moved up the ladder to reach a position that, 14 years ago, he never would have imagined that he would be filling.

Wood, an Attica native who has lived in Batavia for the past 23 years, today was promoted to director of security at Batavia Downs Gaming on Park Road. He will replace Joe Vacanti, who is moving into a part-time assistant director role.

Western Regional Off-Track Betting Corp. directors announced the appointment at their board meeting. Wood (photo at right) will assume the director post on Jan. 1.

“In my 14 years here, I never thought that I'd be in the position that I am now,” Wood said. “And I started out as just a part-time guy out on the track. Here I am all these years later and in a month, I will be the director of security.”

Wood said that he has the training and experience to handle the responsibilities, which include supervision of 47 employees – 13 full time, 17 part time and 17 substitutes. Another 12 people are hired as seasonal security officers assigned to the harness horse racing track.

The number of security guards currently is down about 20 from normal, he said.

“I have worked at the federal jail in Batavia (detention facility) for 10 years as well, so between both jobs, I have much experience. Plus, I have my Criminal Justice degree. So, I think it’s a good fit and I’m really excited.”

WROTB President Henry Wojtaszek said he’s confident that there will be a smooth transition.

“Dan has been part of the senior leadership there for a while and the board felt comfortable naming him to the top spot, and we look forward to him taking over,” Wojtaszek said.

Beyond keeping the peace and managing loss prevention, Wood said his certified security personnel are trained to contribute to the facility’s positive atmosphere.

“One of the biggest things that we want our people to do is greet people when they come in with a smile, and greet people and thank them when they leave,” he said.

Wood, 44, has two daughters, Clara, 16, and Nora, 14.

Dana Michael McGill, 61, of Maple Street, Batavia, is charged with criminal possession of a controlled substance, driving while impaired by drugs, moving from lane unsafely, speeding, failure to obey traffic control device. On Aug. 8, at 2:29 a.m., on Townline Road, Byron, McGill allegedly failed to yield to the lawful command of a police officer and led deputies on a vehicle pursuit.  At the conclusion of the pursuit,  officers suspected he was driving under the influence of a drug and that he was allegedly found in possession of a controlled substance.  He was arraigned in Byron Town Court and released on an appearance ticket.

Brian J. Miller, 40, of Ellicott Street Road, Bethany, is charged with criminal mischief 4th, obstructing governmental administration 2nd, and menacing 3rd. Miller was allegedly involved in a physical altercation with another person at a residence on Ellicott Street Road at 10:51 p.m., Wednesday. He allegedly fled the scene into a wooded area prior to the arrival of deputies. Deputy Andrew Mullen and K-9 "Frankie" were called to the scene and located Miller. He was arraigned in Town of Batavia Court and released on his own recognizance.  Also assisting in the case were Sgt. Mathew Clor and Officer Peter Flanagan, Batavia PD.

Thomas James Leonard, 38, of West Main Street Road, Batavia, is charged with burglary 3rd and petit larceny. Leonard is accused of stealing merchandise from Walmart. He was arraigned in Town of Batavia Court and released.

The Western Regional Off-Track Betting Corp. board of directors, acknowledging the continued record earnings at Batavia Downs Gaming, today approved raises of 3 ½ percent for its non-union employees, effective Jan. 1, 2022.

Non-union employees, about 120 of them, include senior management, supervisors and department heads, said WROTB President Henry Wojtaszek following the board’s monthly meeting at the Park Road facility.

Last month, management and the union agreed to raises and bonuses for union workers.

Director Dennis Bassett, representing the City of Rochester, commended the senior leadership team for a successful 2021 thus far.

“Coming out of the pandemic, it was a long hard fight,” he said. “There are people that care about us and people who want to make headlines that don’t care about us. So, we thank you.”

Genesee County Director Richard Siebert, speaking after the meeting, said he is in full support of the salary increase.

“If you look back over the last 18 months or so, with the pandemic and everything, we were in trouble and worrying about staying in business, to be honest about it,” Siebert said. “We had to let a lot of people go – we asked for help. But the fact that where we are now, setting records, when just a few months ago we were down on our backs, it’s just a credit to the leadership.”

Siebert reiterated a previous public statement that this is the best management team he has seen in his 27 years on the board.

“Obviously, we’re doing good in the community, we’re good neighbors and we’re making money for our county (and other participating counties) and we’re providing jobs for the local people.”

According to figures provided by Chief Financial Officer Jacquelyn Leach, Batavia Downs Gaming earned $668,000 in October – a record month. That is up significantly from the $192,000 in October 2019, which at that time was considered a highwater mark.

Leach also said that the corporation will distribute $68,120 in surcharge for October, the first leg of the fiscal year’s fourth quarter. Third quarter earnings of $2.5 million also were a record, something that was reported on The Batavian in late October.

Thus far in 2021, about $4.5 million in earnings and surcharge has been distributed WROTB’s 17 municipalities.

In her operating plan for 2022, Leach projects revenues of $4.8 million in earnings and another 886,000 in surcharge.

On other fronts:

• Wojtaszek said that some preparatory work on the Park Road Reconstruction Project is taking place, noting that crews are at the corner of Lewiston Road today.

“They’ve got some equipment lined up, and as soon as they get the pipe in, they will work on putting that in and then we will begin the process of beautifying the road,” he said.

Supply chain issues have resulted in the project being pushed back until spring, Batavia Town Assistant Engineer Tom Lichtenthal said last month.

When construction does start in earnest, Wojtaszek said his team is hoping to work with other businesses along the road to help mitigate any traffic issues.

“There were some good suggestions made by the board yesterday. Some of them are to go to some of the various businesses and see if we can work with them on the parking that they have, instead of having everybody come down in the middle of Park Road,” he offered.

• Pepsi-Cola has signed on as the 2022 Rockin’ the Downs Concert Series “name sponsor,” a $40,000 investment that, according to Wojtaszek, is “raising the level of the performers.”

The Batavian ran a video and story on the concert lineup on Wednesday.

Additionally, Rochester Regional Health, locally represented by United Memorial Medical Center, will become a sponsor.

“We want to partner with them on various health care initiatives,” Wojtaszek said, mentioning the corporation’s participation in a wellness points program.

Marketing Director Ryan Hasenauer said the RRH logo will be placed on all hand sanitizers at Batavia Downs Gaming.

Genesee County lawmakers are being asked to consider spending $15,000 as part of a regional media blitz aimed at persuading the “vaccine hesitant” and others to protect themselves against COVID-19.

County Legislature Chair Rochelle Stein, County Manager Matt Landers and Public Health Director Paul Pettit are part of a weekly conference call with representatives of the seven other counties in the Finger Lakes Region.

Over the course of recent discussions, the participants have reached a consensus to contract with Rochester-based Causewave Community Partners and Common Ground Health through the end of the year on a media campaign targeting rural counties such as Genesee.

The full cost of the initiative – which would include television ads, radio spots, direct mailing and social media announcements – is $150,000. Genesee’s cost, based on population, is around $15,000, Landers said at today’s Ways & Means Committee meeting at the Old County Courthouse.

The campaign is being coordinated by Chris DeBolt, Ontario County administrator.

“One of the things that we really liked about (the companies’ presentation) is that the focus is, one, that they're not going after the never-evers,” Landers explained. “They understand where people are and they’re not going to try to change set minds.”

Instead, he said, the goal “is to help people that are vaccine hesitant …to help reinforce people that have already gotten the vaccine to get the booster and to focus on masking -- good defenses that are out there for COVID.”

Another important aspect is that the focus will be on rural counties, Landers advised.

“Monroe County would not be participating in this, which is good, because they have a different challenge and different dilemma than the rest of the counties that surround Monroe County,” he said.

Landers said ideas include enlisting a local doctor to answer questions from a community resident – “30-second bites tailored toward our communities,” he noted – and direct mail that would target hard to reach zip codes and hard to reach populations, in general, such as Mennonite, Amish or Native American.

He said he sees the $15,000 as a relatively small amount that enables the county “to leverage a company that is going to have some uniform messaging throughout the region to similar counties.”

“And I think it's a good step given the direction that we are going with the pandemic.”

Ways & Means Chair Marianne Clattenburg pointed out that the cost breaks down to 26 cents per resident.

Stein agreed that the county could get a lot of bang for the buck.

“I know we can’t do a postcard mailing for that by ourselves,” she said. “And that is really inexpensive and, at the same time, everything is going to be focused towards a rural population, not an urban -- and the unvaccinated zip codes are also really going to be called in on and that information is available through the Finger Lakes Hub.”

She said project is another way “to get our message out … to help us stay healthy and to understand how critical it is that everybody plays a role in getting our health back under control and to help us use the tools that we have this time around with an outbreak.”

Landers said the fee is a one-time cost but is leaving the door open – upon approval by the legislature – to conduct a longer campaign. He said he plans to introduce a resolution that would be voted on at next Wednesday’s legislature meeting.

In a sign of a much healthier housing market, Genesee County is set to distribute nearly $550,000 in mortgage tax revenue to its municipalities – about $128,000 more than it doled out at the same time in 2020.

The County Legislature’s Ways & Means Committee today approved the distribution of $546,430.58 as the county's second payment of 2021 to the City of Batavia, the 12 towns and seven villages. The second payment of last year amounted to $418,882.58.

The breakdown by municipality is as follows:

• City of Batavia, $113,736.69;
• Town of Alabama, $8,328.62;
• Town of Alexander, $24,688.48;
• Town of Batavia, $77,658.07;
• Town of Bergen, $27,694.15;
• Town of Bethany, $14,585.36;
• Town of Byron, $20,905.21;
• Town of Darien, $42,525.02;
• Town of Elba, $21,884.54;
• Town of Le Roy, $57,904.37;
• Town of Oakfield, $20,172.09;
• Town of Pavilion, $19,657.02;
• Town of Pembroke, $38,540.20;
• Town of Stafford, $25,817.67;
• Village of Alexander, $2,510.95;
• Village of Attica, $874.64;
• Village of Bergen, $3,855.28;
• Village of Corfu, $2,322.85;
• Village of Elba, $2,725.09;
• Village of Le Roy, $16,890.31;
• Village of Oakfield, $3,153.97.

$1.7 MILLION IN UNPAID SCHOOL TAXES 

The committee authorized (subject to full legislature approval) the inclusion of more than $1.7 million in unpaid 2021-22 school taxes into the 2022 county and town tax levy.

The unpaid amounts range from $70,774 in the Town of Oakfield to $311,239 in the Town of Le Roy. Unpaid taxes in the Town of Batavia amounted to $97,466.

Another $135,000 in unpaid village taxes will be relevied as well, with the Village of Le Roy accounting for the bulk of that total ($119.800).