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Genesee County Manager Matt Landers this afternoon urged lawmakers to move swiftly on the financing piece connected to the construction of a new county jail.

Landers, speaking at the County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, said it is important for the governing body to approve a bond resolution in early January – preferably by Jan. 5 or Jan. 6 – in order for him to meet the schedule he has mapped out to solicit construction bids by early March.

“Time is of the essence and to wait until the end of January is going to be difficult with a timeline -- the timeline that we're looking at,” he said.

He outlined several items that need to be done, including approval of the State Environmental Quality Review, drafting bid packages, awarding contracts and preparing for cash outlay until the bond proceeds are received in mid-April. He noted that County Manager Scott German has sent documentation to bond attorneys and expects to have the resolution “in our hands by the fifth of January.”

“If we can pass it then … it takes 60 to 90 days, and we expect it to get closer to the 90 days just because of the pure size (of the bond),” he said.

The county is looking at financing around $70 million via a 30-year bond. Landers estimated that annual payments would be $3 million to $3.5 million.

Landers suggested taking up the matter at the legislature’s 2022 organizational meeting on Jan. 5 but, after discussion, it was decided to conduct a special meeting immediately after the organizational meeting.

In other action, the committee:

• Approved a special counsel agreement with Napoli Shkolnik PLLC for the New York City law firm to represent the county in litigation pertaining to generic drug manufacturers' overcharging of self-insured county employees and dependents for medical care supplies and pharmaceuticals.

Napoli Shkolnik LLC previously worked on behalf of Genesee and other counties on the opioid settlement, and is doing the same in this matter.

County Attorney Kevin Earl said the latest litigation claims that manufacturers have illegally price fixed or violated antitrust laws. He noted that Genesee County will not be responsible to pay anything, unless there is a recovery, and only will have to pay based on the net amount recovered.

• Approved a resolution to contract with Direct Energy Business, LLC, of Iselin, N.J., to supply natural gas to 20 Genesee County accounts at a fixed rate instead of the current variable pricing policy in an effort keep utility costs in check.

The contract, if approved by the full legislature, would run for 16 months, beginning on Jan. 1, 2022. The change is expected to save the various county budgets around $9,000 during that time.

• Approved a memorandum of understanding with Cornell Cooperative Extension for the county to support the agency in the amount of $385,484 for 2022 – an increase of nearly $47,000 from this year – and a contract renewal with Genesee County Economic Development Center to provide $233,513 as its yearly contribution plus an additional $25,000 for workforce training program administration.

Landers pointed out that the increases are for 2022 only and the total amounts are subject to change in 2023.

While there have been 307 new positive COVID-19 cases in Genesee County in the current reporting period, there has been a sharp decline overall in the number of current active cases since Nov. 22, when there were 397 active cases.  

As of today's report, there are 243 cases, with 30 of those people in the hospital.

The current reporting period, with 307 new cases, covers from Nov. 22 through Nov. 29, indicating recoveries over the past two days have outpaced new cases.

Between Nov. 22 and Nov. 29, there were 459 people removed from mandatory isolation due to a previous positive test.

One more person died during the week, bringing the total number of COVID-19-related deaths to 300 in Genesee County.

Devon Wright

Devon Wright, who entered a guilty plea to multiple charges during a trial on Nov. 16, is wanted by Batavia PD on two warrants and police are seeking the public's assistance in locating the fugitive.

Wright is accused of shoving two females on Nov. 27 while at a location on Central Avenue and of tampering with the property of one of the women by throwing it all over the residence.

He is also wanted for violating his terms of release following his guilty plea on counts of attempted criminal possession of a weapon 2nd, assault 3rd, attempted assault 1st, and criminal sexual act 4th.

The plea came during a rare two-defendant trial.  A jury would eventually find Wright's co-defendant, Jacob Sponaugle guilty of attempted murder, along with other changes, in connection with a shooting outside the Days Inn in Batavia in July 2020.

Anyone with information on Wright's whereabouts is asked to contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

A nearly $1 million grant may be on its way to Genesee County Public Health to boost “workforce capacity" in the department's battle against COVID-19 and to enhance efforts in other areas, Public Health Director Paul Pettit said Monday afternoon.

Speaking at the Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse, Pettit offered a resolution – which subsequently was approved by the HSC – to accept $980,544 from the New York State Department of Health to recruit, train, deploy and manage the NYS Public Health Corps Fellowship Program.

Touted by former Gov. Andrew Cuomo, the Public Health Corps consists of individuals of all educational levels (“fellows”) that have been accepted to participate in the program designed to “bolster and improve public health workforce capacity,” Pettit said.

The grant will run for two years, through July 31, 2023, he said, with $250,000 of the money allocated in the 2022 budget. The remaining amount will be part of the county’s 2023 budget.

Pettit said he has a list of about 15 people who have applied to join the Public Health Corps.

The HSC also approved a contract with Coastal Staffing of Naples, Fla., to serve as the staffing agency or employer for those selected into the program.

“Genesee County will interview these individuals and if they are hired, then they will go through Coastal Staffing as their employer,” Pettit advised.

In other action related to the health department, the committee gave the go-ahead to accept an $11,000 grant from the National Association of County and City Health Officials for Genesee County to participate in a wastewater surveillance mentorship program. This will run from Jan. 1-July 31, 2022.

Pettit said the money will be used by health department officials to monitor the viral load in municipal wastewater systems throughout the county and to provide guidance and recommendations going forward if necessary.

Both measures will be considered by the full legislature at its Dec. 8 meeting.

COVID-19 LOCAL UPDATE

Reporting on the current COVID-19 picture in Genesee County, Pettit said the average number of cases per day over the last seven days has been steady at around 34, while the percentage of breakthrough cases is at 30-35 – up about 10 percent from what he had been seeing.

As of yesterday, there were 241 active cases – those in isolation – with 28 of those people in the hospital, he said.

Pettit said that 70 percent of Genesee County residents 18 years of age and older have received at least one vaccine shot, with that number decreasing to 59.6 percent when considering the county’s total population. That is much less than the 90 percent of NYS residents 18 and over who have received at least one shot.

He said the county health department is offering the complete spectrum of vaccinations – first shot, booster and doses for children ages 5-11.

“Booster clinics have been very steady,” Pettit said, adding that early studies show that booster shots provide a significant increase in protection from the coronavirus.

As far as testing is concerned, the county is offering testing once a week and has been meeting the demand. Pettit did point out that testing supplies are beginning to dwindle and if the state doesn’t receive the supply it has ordered, then “free” testing could end in a few months.

A serious injury accident, possibly involving a child, is reported at Route 98 and Lockport Road, Elba.

Elba Fire and Mercy EMS dispatched. Mercy Flight responding.

One vehicle is blocking.  Traffic on Route 98 is being shut down.

UPDATE 8:05 p.m.: A 6-year-old girl was ejected from the back passenger seat and down a steep hill into a field.  She was flown by Mercy Flight to an area hospital as a precaution and is being kept for observation, said Sgt. Andrew Hale. The vehicle she was riding was westbound on Lockport Road and allegedly failed to yield the right of way to a southbound sedan.  The first car then struck a guard rail, which apparently caused the child to be ejected. The child may not have been in a car seat. Potential charges are pending, Hale said. The sedan struck a southbound car.  Neither driver was injured and a second child in the first car was not injured.

UPDATE Tuesday, 10:46 a.m.: The investigation, according to the Sheriff's Office, indicates a 2007 Honda Civic driven by Mikayla Bard, from Brockport, was westbound on Lockport Road when it allegedly failed to stop at a stop sign. It collided in the middle of the intersection with a 2008 Toyota Prius driven by Faez Alsaddi. A passenger in the Honda was ejected from the vehicle. Alsaddi was uninjured. Bard and another passenger in the vehicle were transported by Mercy EMS to Strong Memorial Hospital with apparent minor injuries. The child passenger who was ejected was transported to Strong via Mercy Flight. Reports from the hospital back to the Sheriff's Office indicate she suffered only minor injuries.  Alcohol does not appear to be a factor.  The crash is being investigated by Chief Deputy Brian Freiday, Sergeant Andrew Hale, Investigator Kevin Forsyth, Deputy Richard Schildwaster, Deputy Travis DeMuth, Deputy Andrew Mullen, and Deputy Nicholas Chamound.  Assisting at the scene were Elba Fire, Oakfield Fire, Barree Fire, Mercy EMS, and the State Police.

Devon A. Wright, 20, of Batavia, is charged with resisting arrest and obstructing governmental administration.  Wright is accused of resisting arrest during an attempt by police officers to execute a bench warrant at 4:29 a.m., Nov. 16. (Later that day he entered a guilty plea to felony charges to avoid further proceedings in a criminal trial). Wright was issued an appearance ticket.

Arron J. McFollins, 42, of Batavia, is charged with criminal contempt 2nd. McFollins is accused of twice violating a court order at 12:48 p.m., Oct. 27.  He was released on an appearance ticket.

Anthony S. Brooks, 31, of Batavia, is charged with harassment 2nd. Brooks is accused of throwing a thermos at another person during an argument at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Ricky Albanese, 54, of Hunt, is charged with grand larceny 3rd. Albanese is accused of working as an Amish furniture salesman while collecting Genesee County Mental Health disability payments.  During the time he was working in sales, he allegedly collected $38,684.18 in payments.  He was arrested on a warrant on Nov. 12 by Sheriff's Investigator Joseph Loftus. He was arraigned in City Court and released on his own recognizance.

Tyler Even Ryan Deleys, 28, of West Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, plate display violation, failure to obey traffic control device. Deleys was stopped at 1:18 a.m., Sunday, on West Main Street Road, Batavia, by Deputy Austin Herbelein.

Scott Patrick Simmons, 25, of Brewster Street, Depew, is charged with burglary 3rd, criminal trespass 3rd, petit larceny, and false personation.  Simmons is accused of stealing merchandise from Walmart at 4:07 p.m., Saturday.

Matthew M. Vanvorce, 33, of Vestal, is charged with DWI and driving with a BAC of .08 or greater. Vanvorce was stopped at 6:04 p.m. in the Town of Batavia by a State Police trooper.  He was issued an appearance ticket.

Omicron B.1.1.529 -- a new and rapidly changing variant of the coronavirus that just this month was first identified by scientists in South Africa -- probably has found its way to the United States and should be considered as highly transmissible.

That's the opinion of Dr. Emil P. Lesho (photo at right), an Infectious Disease specialist with Rochester Regional Health, who addressed the media this morning via Zoom.

When asked about Omicron's impact in the Finger Lakes Region, Lesho said it's a bit early to tell, but "the quick answer is … it's likely in the United States."

"At last count, it was reported in 13 different countries, including Canada. So, it was first detected in South Africa … that doesn't necessarily mean that's where it originated, that's where it was detected first," he said.                                                                        

Noting that the variant has been linked to travel, he said the detection process "requires advanced whole genome sequencing (and) most hospital labs in the United States can do that technology."

"Specimens have to be collected first, then they have to be prepared, then they have to be sent to a special sequencing laboratory," he said. "So, that takes time. But as we speak, Rochester Regional is looking for this variant. We have our laboratories collecting samples and preparing them in the way I just described."

In the United States, public health officials believe that early evidence indicates an increased risk of reinfection with Omicron as compared to other variants, such as Delta. In fact, the Biden administration has placed a travel ban from South Africa and seven neighboring countries duo to this variant.

Lesho, when asked what doctors and researchers know about Omicron, said there's "a lot that we don't know."

"And, some of what myself and what anybody says today can be changed tomorrow; we're learning more and more every day."

He said Omicron has been labeled "a variant of concern," which is the highest classification of variants on the books at this time. Others are variants of interest and variants of high consequence, but as of now, no variants of high consequence have been identified.

"What we know about this Omicron -- why it's labeled a variant of concern is because of the number of changes that it has undergone, and in the rate that it had accumulated these changes; the speed at which these changes occurred," he offered. "That's what kind of surprised scientists and laboratorians."

Lesho said this one appears to be more transmissible in light of nearly 50 changes in this virus compared to preceding strains.

"It’s those number of changes or those mutations, that that are of concern. Additionally, it's where those mutations occur. So, this whole genome sequencing that I mentioned looks at the entire genetic makeup of an organism. And so that enables us to look at which parts of it have these changes," he said. "Of those 50 changes, maybe 30 or so are in the area that the vaccine uses to instruct our bodies to make the protective antibodies. So that's why it's concerning."

In any event, the doctor said that getting vaccinated -- including the booster shot at least six months after the primary series -- "still, is the best way we can protect ourselves ..."

Other points addressed by Lesho today are as follows:

VACCINATION AND VARIANTS

While vaccines provide the most protection -- apart from natural immunity from having the virus plus vaccination -- Lesho said vaccination rates globally are relatively low.

"Not many countries have been as fortunate as developed countries, such as Israel, United States ... United Kingdom," he said. "Countries in Africa have vaccination rates as low as 20 percent ... and there's potentially only 70 percent of the people in the United States that are vaccinated.

"So, what they're learning is when they talk about herd immunity -- when you get through about 70 percent of the population being immune to help the epidemic or the pandemic stop spreading, maybe we're seeing with these higher transmissible variants like Delta and this one, it may be more upwards of 80 or 85 percent, Still, the way we can prevent these new mutations and these new variants from emerging is to get as many people in the population as immune as possible."

AS WINTER APPROACHES

Lesho had a sobering message as the cold and flu season arrives and as COVID-19 cases increase: "Well, what we can expect is, unfortunately, increased fatalities."

"We are already seeing increased number of patients in the hospital and also in the ICU. And on ventilators now. So we've been seeing that unfortunate uptick for a few weeks now. So, generally, two weeks after that you have more seriousness of infections, then you start to see the fatalities. So, I think in the next couple of weeks, we'll see some fatalities."

He said that eight or nine out of 10 patients with severe risk of infections were unvaccinated.

"Now, we're seeing some breakthrough (those previously vaccinated) infections there. For the most part, for the vast majority of the breakthrough infections are not as severe as the infections in the unvaccinated. So, we can also expect more cases as people go indoors, and they gather. And then as people go to holiday gatherings."

LEVEL OF OMICRON SYMPTOMS

Lesho said Omicron symptoms are similar to previous variants.

"If you're fully vaccinated or you got an infection and then you got vaccinated, you might have very minimal symptoms and you might test positive for various reasons," he said, "So, but you could have -- it starts out typically as a loss of taste plus smell and like a fever, nausea ... COVID can present in many different ways. It can present as a gastrointestinal illness or a respiratory illness. So, the typical symptoms of the prior strains are what we expect this to present as well."

Photo courtesy of WHEC-TV.

Oakfield town and village supervisors are hopeful that discussions at mid-December board meetings lead to a revised fire protection service agreement.

Attorneys for the two municipalities – Megan K. Dorritie of Harter Secrest & Emery LLP, Rochester, who is representing the village, and Craig Welch of Lacy Katzen, Rochester, who is representing the town – have been working on what looks to be a compromise from the previous contract.

Town Supervisor Matt Martin today said the deadline imposed by the Village Board to get a deal done has been extended from Nov. 30 -- at least until after the town and village boards could meet to review the proposed changes.

Dorritie, also contacted today, would not say when the new deadline date is, and would not answer any other questions.

The Village Board is scheduled to meet at 6:30 p.m. Dec. 13 at 39 Main St., while the Town Board is set to convene at 6:30 p.m. Dec. 14 at 3219 Drake St.

Town and village leaders have been at odds for several months over the agreement, which has called for the Oakfield Volunteer Fire Department – owned by the village – to provide fire protection service to town residents for an annual fee.

The current pact calls for the town to pay 58 percent of the operational and equipment costs and the village to pay the other 42 percent.

Village Supervisor David Boyle reported back in September that the town had not paid its bill for the 2020-21 fiscal year – in excess of $78,000. Martin and the town board contested the fee structure and has requested that the agreement be renegotiated.

Michael T. Martinez is indicted on two counts of criminal possession of a weapon in the third degree, attempted assault in the second degree, assault in the second degree, menacing in the second degree, and two counts of harassment in the second degree. Martinez is accused of possessing a knife and a metal pipe on July 21 with the intent to use it against another person.  He is accused of attempting to cause serious injury to another person. He is accused of causing serious injury to another person. He is accused of having unlawful physical contact with two different people.

Shacerie M. Rivera is indicted on counts of assault in the second degree, criminal possession of a weapon fourth, and obstructing governmental administration.  Rivera is accused of using a knife on July 13 to cause serious injury to another person.  Rivera is also accused of using force to prevent a government agent from performing the agent's lawful duties.

Pamela A. Morrow is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Morrow is accused of driving drunk July 21 on Linwood Road, Le Roy while having a prior DWI conviction within 10 years.

Justice C. Coniglio is indicted on counts of assault in the second degree, resisting arrest, and obstructing governmental administration.  Coniglio is accused of causing physical injury to a police officer while the offer was carrying out official duties.

Jason M. Fitzpatrick is indicted on counts of criminal possession of a weapon in the third degree, criminal mischief in the third degree, obstruction of governmental administration in the second degree, and unlawful fleeing a police officer. Fitzpatrick is accused of possessing a billy club at a location on Fox Road, Oakfield, on May 24, with the intent to use it against another person.  He is accused of damaging crops in a field with a value exceeding $250. He is accused of preventing a police officer from performing official duties and of fleeing from the police officer.

Jarrett C. Coniglio is indicted on counts of aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree. Coniglio is accused of driving without a license and while drunk on Judge Road, Alabama, on May 7. He is accused of signing the name "Grayson B. Ground" on official government documents in an attempt to conceal his real identity.

Shawn D. Myers is indicted in counts of criminal sexual act in the first degree, of sexual abuse in the third degree, and sexual misconduct. Myers is accused of engaging in anal sexual conduct by forcible compulsion and of sex with another person who was incapable of consent because the person was less than 17 years old.

Michael L. Jackson, Jr., is indicted on counts of burglary in the first degree, strangulation in the second degree, assault in the second degree, unlawful imprisonment, and assault in the third degree. Jackson is accused of entering a dwelling with the intention of committing a crime and causing a physical injury to another person in the dwelling by means of strangulation. 

Alex S. Dumbelton is indicted on counts of aggravated family offense and two counts of criminal contempt in the second degree. Dumbleton is accused of violating court orders.

Melton J. Chisom is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. Chisom is accused of possessing a knife with intent to cause serious physical injury on June 24 in the City of Batavia and did allegedly injury another person.

Robert L. Williams is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and aggravated unlicensed operation.  Williams is accused of driving drunk in the City of Batavia on June 13 while having a prior DWI conviction within 10 years.

Aaron J. McFollins is indicted on counts of grand larceny in the fourth degree, identify theft in the third degree, and petit larceny. McFollins is accused of stealing a Discover card belonging to another person and using to it obtain goods.

Justin P. Porter is indicted on counts of criminal possession of a controlled substance in the third degree, conspiracy in the fourth degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, false personation, and obstructing governmental administration.  Porter is accused of possessing cocaine on April 11 in the Town of Bergen with the intent to sell it.  He is accused of trying to conceal evidence. He is accused of misrepresenting his real name. He is accused of trying to prevent a government official from performing his official duties.

Nicholas M. Maher is indicted on a count of murder in the second degree.  Maher is accused of killing Martin D. Maher on Oct. 15 in the Town of Oakfield.

Roger K. Brinkman is indicted on 52 counts of rape in the first degree and 64 counts of sodomy in the first degree. Brinkman is accused of having sexual intercourse with a person multiple times between July 2020 and June 2021 by forcible compulsion and of engaging in deviate sexual intercourse with another person who was not married to the Brinkman through contact with Brinkman's mouth and the victim's vulva by forcible compulsion on multiple occasions.

Derek Hagen

A 29-year-old resident of Batavia, and teacher in WNY, has been accused by Federal authorities of producing and distributing child pornography.

Derek Hagen faces from five to 30 years in Federal prison if convicted.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2020, Snapchat sent a cyber tip to the National Center for Missing and Exploited Children (NCMEC) regarding a user that had uploaded images of child pornography to a group chat. After tracing the user to Western New York, NCMEC alerted the New York State Police, who subsequently identified the defendant.

On July 20, investigators confiscated two computers and a cell phone from an apartment Hagen kept in Mount Morris.

A forensic analysis uncovered a pattern of child exploitation activity on the devices with the defendant actively producing and distributing child pornography in online chats.

During the chats, Hagen and the other individuals traded child pornography and discussed specific children that they had sexually abused or wanted to sexually abuse. To date, analysts have allegedly recovered approximately 50,000 images and videos of child pornography on Hagen’s devices.    

The complaint further states that the defendant worked in several teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Members of the public who have information related to this case are asked to contact Homeland Security Investigations at (716) 464-6070 or hsibuffalotips@ice.dhs.gov.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the National Center for Missing and Exploited Children.           

One of the tricky issues for the Le Roy Central School District in navigating protocols during the age of COVID is that neighboring jurisdictions often have different requirements than present in Genesee County, Superintendent Merritt Holly informed the Board of Education on Tuesday.

For example, at the start of the new year, RIT will require every person who comes on campus for any event to show proof of vaccination.  That means every coach and athlete from Le Roy who participates in winter track and field will need to be vaccinated in order to compete in events at RIT, even though Le Roy doesn't have a vaccine requirement.

Any team that wins enough and reaches state championship athletic events will find every participant must be vaccinated to compete.

A memo Holly provided to school board members provides a timeline of shifting rules and guidance as knowledge of the pandemic has evolved and health leaders have sought to provide the best guidance as possible.

That has sometimes created confusion, Holly acknowledged. 

"One piece of thought, again, schools from county to county, interpretations of what this course is, this space, this contact tracing, so on so forth, can be different," Holly said. "Therefore, it can cause issues, equity issues, questions of why. But I think the bottom line is the data should then show are these measures working to keep us in school."

The briefing, Holly said, was to enable board members to get a complete picture of what is going on so they can come to the board's December meeting with any questions they might have at that point.

To read the full memo, click here (pdf).

Steven Falitico of the Genesee County Chamber of Commerce and Jim Krencik, marketing director for the Genesee County Economic Development Center, provided this photo from the WNY STAMP site that captures the progress of Plug Power's green hydrogen manufacturing project in the Town of Alabama.

Press release:

Genesee/Orleans Council on Alcoholism and Substance Abuse announced today that its new 20-bed detoxification center is tentatively scheduled to open for business on Jan. 10, 2022.

An “open house” for the public to view the two-story, 20-bed facility, which is attached to the rear of the Atwater Community Residence at 424 East Main St., will take place on Jan. 6, said John Bennett, GCASA executive director.

“This is truly ‘A Place of Help’ in the GLOW Region – providing a continuum of care under one roof that enables local residents in need to stay close to home for their treatment,” Bennett said.

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

Javen Construction of Penfield was the general contractor for the project, which broke ground last January. The design of the center complements the look of the historic Atwater Community Residence.

Top photo: GCASA's new Detox Center that is attached to the Atwater Community Residence (background). Bottom photo: The front entrance of the facility. Submitted photos.

Celina Andreanna Desinord, 19, of Ridge Road, Rochester, is charged with attempted criminal mischief 4th, aggravated unlicensed operation 2nd, harassment 2nd, and unlicensed operation.  At 12:50 a.m., Nov. 21, Deputy Jacob Gauthier observed a vehicle running in the parking lot of the Crosby's at 5267 Clinton Street Road, Batavia, and the operator asleep in the driver's seat. Upon investigation, the driver was identified as Celina Desinord, who allegedly presented a suspended identification card when asked for a driver's license.  Desinord was placed in the back of a patrol vehicle and her vehicle was searched. A deputy reportedly found suspected narcotics. The substance is being sent to a lab for testing.  The deputy spoke with Desinord. She is accused of spitting on the deputy. While the deputy was completing an appearance ticket, Desinord allegedly kicked the rear passenger window as well as the divider between the front and back seat at least 71 times.  She also allegedly spit several times on the divider and the window.  She was issued an appearance ticket.

Justin L. Pyatt, 33, of Silver Springs, is charged with criminal possession of stolen property 4th and petit larceny.  Pyatt is accused of using a stolen credit card to make purchases in the City of Batavia.  He was issued an appearance ticket.

James Carl Malone, 24, of South Pearl Street, Oakfield, is charged with criminal mischief 4th.  Malone is accused of taking the mobile phone of another person in order to stop that person from calling 9-1-1 during a dispute in an incident reported at 2:19 p.m., Nov. 19.

City of Batavia Maintenance Superintendent Ray Tourt on Monday night said the Genesee Transportation Council and New York State Department of Transportation seem to be on board with a revised – and more expensive – plan to rehabilitate and reconstruct Harvester and Richmond Avenues.

Deficiencies in the structure of Harvester Avenue from Colorado Avenue to Ellicott Street have forced the city to change its strategy from one of rehabilitation to reconstruction, Tourt said during City Council’s Conference Meeting.

This modification increases the total cost of the Transportation Improvement Project from $2,041,000 to $3,691,000, he reported, but the federal funding level remains the same at 80 percent.

“This is an 80 percent federally-funding project with a 20 percent local share,” Tourt said. “We are optimistic that the project may see Marchiselli funds from New York State (usually 15 percent) to further offset the local funding. CHIPS (Consolidated Highway Improvement Program funds) will be used for the remaining local share of 5 percent (about $184,000).”

Work is expected to begin in the spring of 2022.

Photos provided by Tourt to The Batavian from the geotechnical report show the difference in the structure of the two segments of Harvester Avenue.

In his memo to City Manager Rachael Tabelski, Tourt indicated that the portion from Colorado Avenue to Ellicott Street was a “better candidate for a partial reconstruction” because it has only three inches of bituminous concrete on no prepared base while the road from East Main Street to Colorado Avenue has five to six inches of concrete base with three inches of bituminous concrete paving as a wear surface.

“This means that there is no base to pave back onto on the southern portion of Harvester … and for that reason, the city has reached out to the GTC and NYSDOT for a change of scope to correct this condition,” he wrote.

At last night’s meeting, Council was asked to consider approving short-term financing in the form of general obligation bonds to fund the project until reimbursements are received. Lawmakers did just that, forwarding the matter to its Dec. 13 Business Meeting.

In other action, Council forwarded the following resolutions:

• Using $150,000 in Video Lottery Terminal revenue from Batavia Downs Gaming to purchase mobile data terminals, portable radios, emergency escape and self-rescue system kits and fire helmets for the police and fire departments.

The plan is to buy eight MDTs (computers in patrol cars) for $55,000; 19 portable radios (six for fire and 13 for police) for $64,500; emergency escape (or bail-out) systems for $15,254, and helmets for all firefighters and officers for $15,246.

• Contracting with LaBella Associates of Rochester in the amount of $187,130 for the firm to manage the Brownfield Opportunity Area Pre-Development Grant process at the City Centre and Harvester campuses.

Tabelski said LaBella employees will perform a “full infrastructure review to accommodate more development of the City Centre campus, including parking reviews, the potential redesign of Bank Street and a full Generic Environmental Impact Statement. This work will complement the City Centre $1 million Downtown Revitalization Initiative that will improve interior and exterior elements of the building.

LaBella also will take a look at ways to redevelop the Industrial Center on Harvester Avenue, she said, mentioning potential site layouts, subdivision opportunities, real estate strategy and demolition.

• Reclassifying the city’s Human Resources Specialist position to Human Resources Director in light of an increasing amount of responsibility in areas such as budgeting, hiring, compiling financial data, workers’ compensation and health insurance.

Tabelski said the duties of the job were reviewed by Genesee County Civil Service.

Top photo: The Harvester Avenue geotechnical report found that the portion of the street south of Colorado Avenue (extending to Ellicott Street) has "light-duty" pavement. Photo below: This pavement section from the street north of Colorado Avenue is of the "heavy-duty" variety. Plans call for the portion of Harvester Avenue north of Colorado to be rehabilitated and the portion south of Colorado Avenue to be reconstructed.

Larry Friedman rattled off a few one-liners Monday night as he accepted a proclamation from the City of Batavia in recognition of his 40-year career with the Genesee County District Attorney’s Office.

“I've been in the DAs office so long that when I started Eugene Jankowski was a young patrolman, and we both had a full head of hair,” said the retiring county DA, looking at the City Council president who had just presented him with the certificate. “And (former sheriff) Gary Maha was the chief deputy in the sheriff's office.”

Maha was among those in the audience honoring both Friedman and Rose Mary Christian, who has retired after 29-plus years as a City Council member.

Friedman served as the DA for six consecutive four-year terms – all unopposed. He prosecuted 140 felony trials, including high profile cases in the city.

The proclamation stated:

“Larry’s acumen as a trial attorney helped bring about justice for countless crime victims and help to fortify the integrity of the DA office. Larry served the citizens of the City of Batavia and the residents of Genesee County with expertise and a commitment to improve the safety, healing and access to justice for all.

“Therefore, in true spirit of appreciation to 40 years of dedicated service to the City of Batavia and Genesee County, the City Council of the City of Batavia does hereby make this proclamation to sincerely thank Larry Friedman for his dedicated service to our community and to wish him well in his retirement.”

In his brief acceptance speech, Friedman noted his “great working relationship” with City Council, city management and City Attorney George Van Nest, and also with the Batavia Police Department’s Detective Bureau.

“As was mentioned, I prosecuted many felony cases arising out of the city of Batavia. And every time I've had one that went to trial, I knew I could look to members of the Batavia Police Department Detective Bureau to give me the assistance I needed in doing the things that need to be done right up until the time of and even during the trial,” he said.

Friedman said he was “grateful to my staff members” and joked, “I'm kind of sorry that they have nothing better to do on a Monday night -- as a number of people from my staff are here.”

He also drew a laugh when he mentioned that Christian told him that her grandson had just graduated from law school and is taking the New York bar exam in February.

“So, I gave her my card and wrote Kevin Finnell’s (his successor as DA, who also was in attendance) name on it … and told her to send his resume to Kevin because we’re always looking for good people.”

In closing, he thanked those who “are here to support me as opposed to just having the cookies and coffee (that were put out for the reception for Christian). I really do appreciate this.”

Photo: Larry Friedman and Eugene Jankowski Jr. at Monday night's City Council meeting. Photo by Mike Pettinella.

The Batavia City Council is looking at enlisting a “Pearl” to assist in its quest to build a gem of a police headquarters in the heart of the community’s downtown.

Council, at its meeting at City Hall tonight, passed one resolution and forwarded two others to its Dec. 13 Business Meeting that highlight the importance of Kenneth Pearl, president and principal-in-charge of Architecture Unlimited, LLC, of Williamsville, to the construction of what is expected to be a $10.8 million police station at Bank Street and Alva Place.

According to City Manager Rachael Tabelski, upon Council’s final approval, Pearl (photo above) would act as the “project manager/owner’s representative” for the police facility project.

She introduced a resolution that would pay Pearl’s company $370,000 for professional services and project management over the life of the project, which could take up to 3 ½ years.

Pearl and the city have quite a history as he has assisted the Department of Public Works with the City Centre Mall Roof, Mall Roof 2, Police Roof and Police Facility Feasibility Study projects.

Tabelski noted that Pearl is an expert in architecture and construction management, having worked with other municipalities in the construction of new buildings.

Pearl has coordinated the city's issuance of Requests for Proposals for the design and engineering of the new police facility. The RFP review and interview process is taking place and expected to be complete sometime next month.

A second resolution pertaining to the police station, which also will be voted upon next month, is to authorize a general obligation bond and issuance of a bond anticipation note for $1.5 million to finance the cost of design, engineering and architecture plans.

This amount would be part of the $10.8 million (it could be more due to fluctuating construction costs) to build the single-story structure that would enable the police department to vacate the former Historic Brisbane Mansion at 10 West Main St., a building that is more than 160 years old and in need of costly renovation.

Tabelski said the city would not be obligated to pay anything for up to a year and eventually could roll the $1.5 million into the 30-year bond that will be utilized to pay for the new police headquarters.

“I’m confident the city can absorb the bond (expense) into the future,” she said.

The third resolution -- the one that passed tonight -- approves a contract for $3,250 with Wm. Schutt & Associates, P.C., of Lancaster to conduct a land survey of the Bank and Alva parcel.

“The survey area includes the city’s public parking lot and specifically the southeast corner of the lot immediately adjacent to Bank Street and Alva Place,” Tabelski said. “The survey will provide boundary lines, a legal description, zoning, right-of-way’s, elevations, location size and depth of water, sewer, gas and other utilities on the site.”

CSEA APPROVES SIX-YEAR CONTRACT

On another front, City Council approved a six-year contract with its Civil Service Employees Association union after reaching a tentative agreement on Oct. 21 and ratification by CSEA members on Nov. 15. The previous contract expired on March 31.

The new pact with the CSEA, which has 18 professional members (clerks, secretaries, code enforcement officials, water and wastewater plant chief operators, and Bureau of Maintenance supervisors), lists the following provisions:

• Salary increase of 2.5 percent each year for the length of the contract;
• A longevity increase of $100 per year at the 20-year point;
• Limit of carryover of vacation time to one week;
• Adding the option to cash in sick time (currently employees can defer into their 457 plan);
• Increase in employee health care contribution by 3 percent of the term of the contract;
• Removal of the financial clerk typist from the union to non-union status.

Tabelski said that the annual impact upon the city budget will be $34,500, including retirement and Social Security).

Previously: ​City Council looking at 30-year, $10 million bond to finance new police station at Alva and Bank

Rural counties in New York State currently have Gov. Kathy Hochul’s ear concerning the pressing issues of the day, Genesee County Manager Matt Landers said today, and the possibility of vaccine mandates is at the top of the list.

“There is a big consensus among, especially the more rural counties, what we want to communicate to the governor,” Landers said at the Genesee County Legislature meeting at the Old County Courthouse. “And we are pleased that the governor, in a phone call last evening … for county administrators and decision-makers and the governor's office .. is trying to make an effort to at least listen to the viewpoints of counties, which was something that the previous governor wasn’t doing.”

Landers said rural county leaders are “looking for less mandates, less restrictions – not the other way around.”

“We understand that it's going be difficult, but those are some of the takeaways that the county administrators in more rural counties are looking for moving forward, and less of a hammer,” he said.

County officials need more testing resources, he said.

“That's one thing that in order for us to comply with -- or are trying to dig ourselves out; having more testing resources is critical. And we are sorely lacking in a testing resources,”

He also said the state needs to put out more positive messaging, with a focus on help and communicating success stories.

“We’d like to see an endgame laid out,” Landers said. “I know that our schools are asking for this. County administrators are asking for this. What does success look like? We’d like to have an endgame laid out and a greater focus on hospitalizations and less on just straight (COVID-19) positives.”

Legislature Chair Rochelle Stein added that counties are dead set against a possible state mandate “being overlaid onto rural counties.”

“That raised some ire,” she said.

Landers said state officials are looking at New York City’s low positivity rates, which have come as (partially) as a result of vaccine mandates, and could use that model for upstate counties.

“Leaders are pointing to the fact that they have vaccine mandates in place if you want to go to dining establishments and things like that, so that that comparison was provided to us,” he said. “And it's something that if our hospitalization rates don't improve then everything's on the table, even something like that.”

Landers also mentioned the situation in Erie County, which announced today that a mask mandate for all indoor public locations will start Tuesday at 6 a.m.

Rural county administrators think mandates do more harm than good, he said, and Stein agreed, adding that if mandates are required, then New York State should be responsible for enforcement.

“We also asked for the fact that if these mandates came down, that the enforcement is not something that is pushed down onto the county government but it is held at the state level,” she said. “And that's where the responsibility lies. That was very clear in that conversation.”

Landers said the ability to enforce has to be clear as well.

“If left open to local interpretation, it's not going to be effective. The enforcement, the ability, the right, the law, whatever you want to say, (needs to be) clear cut and able to be enforced and the state has to provide resources on the enforcement side.”

Turning to resolutions, as expected, the legislature adopted the county’s 2022 budget – a $158,502,898 All Funds spending plan that keeps the property tax levy the same as the 2021 budget.

The 2022 General Fund (operating) budget is set at $119,394,176, about $9.1 million more than the 2021 budget.

By keeping the same tax levy, the property tax rate falls from $9.80 to $9.18 per $1,000 of assessed valuation. This was accomplished by using an additional $680,000 in unexpended reserves than originally proposed.

In other action, the legislature approved:

• Revision of Local Law Introductory No. 6, which changes the Genesee County Hotel and Motel Occupancy Tax Law to include Airbnb-type short-term lodging sites.

Landers commended County Attorney Kevin Earl for his efforts to close any “loopholes: and to “clean up” the wording of the law, which was supported by the Genesee County Chamber of Commerce. Key revisions reduced the number of units from six to one and stipulate that the property would have to be rented out for more than 14 days in a year.

Short-term sites such as Airbnb now will be subject to the 3 percent “bed tax” that is added on to hotel/motel bills.

• Funding five capital improvement projects as Genesee Community College – four next year and one in 2023 – at a maximum cost of $1.7 million as long as New York State commits the same amount.

• Holding a public hearing on Dec. 8 to consider a local law to set the salaries of the following county elected or appointed fixed term employees: Commission of Elections, Director of Human Resources, Commissioner of Social Services, Director of Real Property Tax Services, County Clerk, Treasurer, Sheriff, and Highway Superintendent.

• Reappointing Molly Haungs, marketing manager of LandPro Equipment, to a two-year term on the GLOW Workforce Development Board and James Kingston of Elba to a two-year term to the Genesee County Soil & Water Conservation District board of directors.

The new pretreatment plan at O-At-Ka Milk Products, Inc., is operational -- and that is good news for the Upstate Niagara Cooperative-owned facility at 700 Ellicott St.

However, according to Chief Executive Officer William Schreiber, the company’s inability to increase the amount of wastewater it sends into the City of Batavia’s Waste Water Treatment Plant has not changed – and that is not so good news as talks with city officials in that particular area have stalled.

“Once the city decided not to accept our offer to help accelerate oxygenation of the (WWTP) lagoons, we directed all our resources to the successful commissioning of the new pretreatment plant,” Schreiber said today by email in response to questions from The Batavian.

“We have not been in touch with the city regarding any additional loading for the past two weeks; hence, we assume their position hasn’t changed.”

An email sent around 1 this afternoon to City Attorney George Van Nest seeking an update on the WWTP’s recovery to permitted Dissolved Oxygen levels has yet to be returned.

Because the city has restricted O-At-Ka’s discharge over the past few months, the company has been forced to transport wastewater from its property to other locations.

“Hauling of wastewater has continued to be reduced on a daily basis throughout the commissioning of the new plant,” Schreiber said, pointing out that it has cost O-At-Ka more than $1 million in trucking related charges.

Meanwhile, workers have continued to upgrade the milk processing plant’s pretreatment capabilities.

“We began commissioning (the new plant) one week ahead of schedule,” Schreiber said. “Since then, we have been steadily increasing both the flow and organic loading to the new plant.  As of the end of last week, things are progressing according to plan.”

The CEO said O-At-Ka is incrementally increasing flow to the new pretreatment plant and decreasing flow to the older plant, which are located off Cedar Street.

“We are presently operating at approximately 50 percent capacity from design flow and 35 percent capacity of design loading.  In both cases this has doubled in the past seven days,” he added.

Schreiber said he is encouraged by the “numbers,” explaining that “the biology is starting to attach to the media and growth is proceeding consistent with expectations.”

He said a new equalization tank will be incorporated as the main flow tank by the end of the month and assembly of the new Dissolved Air Flotation has been completed on site along with the installation of the polymer addition line.

The DAF, not part of the original design, helps facilitate a process that removes solids before the wastewater enters the Moving Bed Biofilm Reactor and reduces the load.

The situation regarding O-At-Ka’s wastewater pollutant levels into the city’s lagoons came to light in mid-October when John Gould, Upstate Niagara chairman, addressed city council.

At that time, Van Nest said the city had no choice but to issue a “cease and desist” letter to O-At-Ka after discovering exceedingly high levels of contaminants in wastewater discharged by the facility.  More recently, the city attorney reported that the lagoons are returning to normal levels, but still have a ways to go.

Previously: City sends 'cease and desist' letter to O-At-Ka Milk as issues at waste water treatment plant continue

Previously: Meeting with engineers working with city give O-At-Ka CEO optimism that wastewater issue can be solved

Michael Robbins, 61, of Batavia, is charged with criminal possession of a controlled substance 7th. Robbins was allegedly found with an unidentified substance on him during an interaction with police at an incident at 7:20 p.m., Aug. 28. The substance was tested and found to allegedly contain methamphetamine and fentanyl. Robbins was arrested at the Genesee County Jail, where he is being held on other charges, and issued an appearance ticket.

Matthew W. Kurtz, Sr., 52, of Batavia, is charged with criminal mischief 4th, attempted assault 3rd, and harassment 2nd.  Kurtz is accused of shoving another person and throwing an object at that person during a disturbance reported at 7:10 p.m., Nov. 16, at a location on Liberty Street, Batavia.  He was arraigned in City Court and ordered released on his own recognizance. 

Jesslyn F. Bigelow, 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, driving without insurance, driving a vehicle with a suspended registration. Bigelow was stopped at 1:56 a.m., Nov. 13, on Jackson Street, Batavia by a Batavia patrol officer. Bigelow was issued traffic tickets.

Christine Caplis, no age or residence provided, is charged with theft of services. Caplis allegedly failed to pay for services provided by a local restaurant on Ellicott Street, Batavia, at 8 p.m., Nov. 4. She was issued an appearance ticket.

Ziyad Ziyad Alhojaji, 22, of Geraldine Parkway, Rochester, is charged with petit larceny.  Alhojaji is accused of shoplifting from Walmart in Batavia. He was released on an appearance ticket.

Tonya Marie Weber, 37, of Liberty Street, Batavia, is charged with petit larceny. Weber is accused of shoplifting from Five Below on Veterans Memorial Drive in Batavia. Weber was released on an appearance ticket.

Michael R. Mullen, 37, of Oakfield, is charged with 10 counts of sex abuse, 1st (contact with a person less than 11 years old), course of sexual conduct, 2nd, with a child less than 11 years old, and 10 counts of endangering the welfare of a child. Mullen was arrested by State Police on Saturday. He was ordered held in jail. No further information released.

Theresa A. Gillette, 44, of East Rochester, is charged with petit larceny. Gillette is accused of stealing in Bergen in an incident reported at 10:51 p.m., Sept. 14.  She was arrested by State Police and ordered held in jail. No further information released.

Sean M. Harloff, 31, of Farmington, is accused of grand larceny 4th. Harloff was arrested by State Police in connection with an incident reported at 12:53 p.m., July 6. He was ordered held in jail.  No further information released.

Michaela R. Bohn, 22, of Batavia, is charged with burglary 2nd and criminal mischief 4th. Bohn was arrested by State Police in relation to an incident reported at 11:51 p.m., Nov. 10, in the Town of Batavia. She was released to a third party. No further information released.