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Last week it was Samsung. Now, it’s Plug Power.

According to a story in today’s edition of The Buffalo News, the Albany-based Plug Power has disclosed plans to erect five “green hydrogen” plants in the United States, including a $264 million facility at the Western New York Science and Technology Advanced Manufacturing Park in the Town of Alabama.

The plant, which would produce green hydrogen for freight and materials handling equipment, is expected to be in operation by 2024, per the published report.

Previously, it was reported on The Batavian that Samsung is considering the placement of a $17 billion semiconductor plan at STAMP, a venture of the Genesee County Economic Development Center.

GCEDC President/CEO Steve Hyde, responding to an inquiry from The Batavian, issued the following statement, without specifically mentioning Plug Power:

“The Genesee County Economic Development Center recently reached out to our various public sector partners, including the Genesee County Legislature, the Town of Alabama among other local and state partners requesting that the GCEDC take on the role as lead agency for an environmental review of a potential project at STAMP.

“As a result, the GCEDC has completed extensive site readiness for the 1,250-acre STAMP site, including all site-level environmental, archeological, wetland delineation, and zoning requirements. This enables site selectors and prospective tenants to conduct effective due diligence as they evaluate projects at STAMP.

“We are very excited about this significant economic development opportunity for our community and look forward to working with our public sector partners during the due diligence by Project Gateway, as we have on dozens of other economic development projects in Genesee County over the last several years.”

Currently, there are no tenants at the 1,250-acre business park, although county officials have indicated that many companies are looking at the site.

Other highlights of The Buffalo News story:

• Plug Power would begin construction this March, with an expected completion in December 2022, creating 62 full-time jobs with an average salary of $75,000 plus benefits;

• An award of $1.5 million to support the venture has been recommended by the Western New York Power Proceeds Allocation Board;

• In its application, Plug Power said it uses a process called electrolysis … leading to “zero-emission freight transport and logistics handling equipment utilizing fuel-cells and clean energy manufactured in New York.” The company said it will be the first of its kind in the Northeast, and would lead to other businesses moving to STAMP.

• Plug Power will request $2 million from Empire State Development, and a package of sales and property tax abatements through the GCEDC.

Whether you call it “refunding” or “refinancing,” Genesee County stands to save a pile of money by consolidating a couple loans and reworking the payment plan.

Speaking at the Genesee County Legislature’s Ways & Means Committee meeting via Zoom videoconferencing this afternoon, County Treasurer Scott German said the municipality may have the opportunity to save more than $20,000 in interest costs over the next 13 years.

“It’s called refunding, but for us, regular folks, it’s refinancing,” German said. “We’re going to refinance two of our existing debts.”

The two debts in question, both Public Improvement Serial Bonds, are from 2009 and 2014, totaling $2,050,000 and $4,745,847, respectively.

German said there are four years left on the 2009 debt, but “doing that one by itself wouldn’t be worth it because the cost would be prohibitive.”

So, working with Financial Advisors of Syracuse and the bond counsel firm of Orrick, Herrington & Sutcliffe of New York City, the county is prepared to put the two loans together and, if interest rates are favorable when the time comes to refinance in September, it could result in a net savings of $263,819.63.

“We technically can’t refinance that until September, so all we’re doing right now is taking care of all the paperwork – getting that out of the way – so when the market looks good in September, we’ll go to market,” he said. “If the rates go up between now and then, we won’t do it. We’ll just pull it.”

Committee members approved a resolution authorizing the debt consolidation with the goal of realizing a savings in interest fees.

In other action, the committee recommended approval of an affiliation agreement with Brockport State College for Rebecca Nigro to participate in and complete an internship that will help her complete her master’s degree in Public Administration.

It was reported that Nigro is in her last semester and is carrying a 3.95 grade-point average.

The college approved the internship as long as the county had someone with a master’s degree to oversee Nigro’s activity. Nigro works for the county, serving as the supervisor/cluster care for the Department of Social Services.

Charles J. Rodriguez Sr., 44, of West Main Street, Batavia, is charged with first-degree arson. His arrest on Feb. 2 stemmed from an incident at 6:25 p.m. Nov. 26 on Osterhout Avenue in the City of Batavia. It is alleged that Rodriguez lit a bottle of flammable liquid and threw it at the front window of a residence on that street, breaking the window. The bottle did not go into the residence but it did cause a fire. An uninvolved person was inside the residence at the time and Rodriguez allegedly knew the person was in there. There was minor damage to the residence but no one was injured. The defendant was arraigned virtually in Batavia City Court and is due there on Feb. 25. The case was investigated by Batavia Police Det. Eric Hill.

Phllip Mitchell Gambino, 25, of School Street, Batavia is charged with second-degree menacing. He was arrested on Jan. 27 after an investigation of a disturbance call at Walmart at 2:58 p.m. on Jan. 20. It is alleged he menaced another person with a knife during a verbal altercation in the store's parking lot. Gambino was issued an appearance ticket and is scheduled to be in Batavia Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kevin Forsyth.

Patrick John Frawley, 58, of Breck Street, Rochester, is charged with second-degree criminal contempt. At 10:07 p.m. on Jan. 30, Frawley was arrested at the Quality Inn & Suites on Park Road in Batavia for allegedly violating a stay away order of protection. He "was held at the Genesee County Jail for arraignment," which is set for Feb. 22. Bail, if any, was not specified. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Mathew Clor.

Cecilio Alonzo-Martinez, 33, of Burke Hill Road, Perry, is charged with operating a motor vehicle while having a BAC of .08 percent or higher, and driving while intoxicated. At 2:28 a.m. on Jan. 31, Alonzo-Martinez was arrested after an investigation of a vehicle stopped in the roadway on Route 19 in the Town of Bergen. He was released on an appearance ticket and was due in Bergen Town Court this afternoon (Feb. 3). The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Adrian Ramone Taylor, 42, of Upper Falls Boulevard, Rochester, is charged with third-degree criminal trespass. At 4:51 p.m. on Jan. 28, Genesee County Sheriff's deputies responded to Walmart following a trespassing complaint. Following an investigation, Taylor was arrested after leaving the scene. It is alleged Taylor entered Walmart after its corporate office banned him from entering all store locations because of a previous incident involving him (unspecified). He was issued an appearance ticket and is due in Batavia Town Court on Feb. 25. The case was handled by Deputy Erik Andre, assisted by Deputy Kenneth Quackenbush.

            Dr. Lalit Jain

Pandemic protocols at schools have been devastating on students, a pediatrician told reporters during a Zoom videoconference call on Tuesday.

Dr. Lalit Jain, chief of pediatrics at United Memorial Medical Center, said some students are falling behind and that the resumption of winter sports considered "high-risk" for the spread of COVID-19, such as basketball, will be of significant benefit to participants.

"(Taking students out of sports) affects them because you are getting social isolation, and like I mentioned, it affects them academically," Jain said. "Just by going out, they will be seeing friends in a safe environment. I think just participating and more activity is going to be very beneficial for the mental health ... of our students."

Local school superintendents seem to agree that the increase in available athletics for students will benefit the children.

"The return of sports safely is a tremendous help for our student-athletes' psyche and those benefits will translate into other areas of their school and community experience," said Anibal Soler Jr., Batavia City School District superintendent.

          Matthew Calderon

"I wholeheartedly agree that participation in sports and extracurricular activities helps students in every way," said Matthew Calderon, superintendent of Pembroke Central schools.

Jain expressed concern about the decrease in physical activity, the lack of social contact, and the general academic performance of students participating in distance learning.

Superintendents we spoke with shared mixed views on the impact of distance learning on students.

Jain said, "What we see is that kids are having problems with the online platform, a lot of them, because the kids who were before doing fantastic, who were A students, are now having difficulty sustaining attention from home and almost have seen some become school failures, or like grades going from the 90s to almost the 60s.

"And these are the kids without academic difficulties. So we are not even talking about the kids who are challenged, who need special help, and they are even more affected."

              Merritt Holly

Le Roy Central School Superintendent Merritt Holly characterized Jain's quote as "loaded." 

"I think some students have adapted well to the challenges of online learning," Holley said.

He said there are "some who struggle somewhat (would rather be in the classroom), and others who this system does not fit their learning style (struggle big-time). Really a student-by-student situation."

During the school board meeting Monday, while discussing reconfiguring the use of space in schools, Soler suggested distance learning might remain an option for some students after the pandemic subsides. In response to Jain's comment, he said some students do well while others struggle.

"The pandemic has impacted all of our students and our staff and we continue to try to find ways to support everyone either academically or socially," Soler said. "Social-emotional learning is one of our district goals and we knew that the lack of socialization would ultimately have an impact on our kids and staff.

"The numerous COVID rules that we have to implement have changed much of the experience for both our students and staff, but we continue to do as much as we can safely to bring a sense of normalcy."

In Pembroke, Calderon said, where most students participate in classrooms five days a week, the students who do participate in distance learning seem to struggle the most.

"By no means is online learning or the hybrid model anywhere close to providing students the sound basic education that the New York State Constitution entitles them to receive," Calderon said. "While teachers and support staff throughout our region are doing an amazing job within those parameters, and many students are holding their own, there is no substitute for organic in-person learning."

Calderon said about 20 percent of the district's students are participating in online learning and he's thankful the option exists for those who need it but the situation isn't ideal.

        Anibal Soler Jr.

"Our in-person learners love being in school, and many of them shed tears when they're told they need to go online for 10-14 days due to mandatory quarantines," Calderon said. "In regard to those who chose the 100-percent online option, a very small percentage are actually flourishing as they could be, and too many choose not to log on consistently despite all efforts to engage them. This may prove to be most problematic for some seniors who will not graduate as a result."

Calderon didn't mince words sharing his opinion about online learning.

"There is no way anyone will ever convince me that online learning is good for kids. and it certainly isn't sustainable," he said.

At the same time, he said, the district obviously takes seriously the need to help reduce the spread of COVID-19 and the district does all it can to keep the community safe.

"However," he said, "CDC hospitalization data seems to suggest that school-aged students are least at risk to be hospitalized, and therefore, I'm not sure why schools have some of the greatest restrictions in place.

"I'm obviously not a medical professional or in charge of public health, and in my role as a state-funded public school leader, I make sure our school district adheres to all the rules. At the same time, when I look at the data with my own eyes, I certainly scratch my head and wonder."

Citing similar data, Jain said he anticipates the return of "high-risk" sports to be safe for participants.

"Just following the guidelines by physicians and the authorities, I think of that will be really important," Jain said. "I don't think we're going to see that much increase in the (positivity) rate. The schools have been very safe so I think we'll do fine."

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The Batavia Town Planning Board was introduced to another community solar project on Tuesday night – a plan to install a 1.65-megawatt system on vacant land owned by the Genesee Gateway Local Development Corp. on R. Stephen Hawley Drive (College Road) – and, right away, was peppered with comments about the need to shield the array from a nearby home.

Planners held a public hearing in connection with a special use permit request by Batavia Solar LLC to put the ground-mounted solar farm at 99 Med Tech Drive, near the Genesee County Economic Development Center office.

James Taravella, senior civil engineer with LaBella Associates, Orchard Park, told the board that 5.63 acres of the 7.95-acre parcel, located in a Planned Unit Development district, will be fenced in for this solar array. He said the project calls for the installation of approximately 4,500 modules using a fixed access racking system.

Other features of the project include an access road with a 13- by 20-foot equipment pad and a 6 foot high chain-link fence around the entire layout. Taravella said all setbacks are in line with requirements of the PUD District – 50-foot front setback, 30-foot side setback and 40-foot rear setback.

As soon as he finished, Tim Morrow, a resident of Ellicott Street Road, asked if the owners of a home near the proposed solar array have been contacted about the project, stating that he is “looking out for the town and the community because I have the situation out by my house.”

Morrow has spoken out at previous public hearings and meetings against the Trousdale Solar I and Trousdale Solar II projects proposed for land owned by Donald Partridge at 5117 Ellicott Street Road.

Taravella: 'We're Communicating with the Neighbors'

Taravella said that representatives of Batavia Solar LLC are communicating with Robert and Michelle Wood of 8244 Batavia-Stafford Townline Road, whose home is in close proximity to the proposed solar array.

Morrow then asked if the developers planned to shield the solar farm with a berm or trees.

“At this early stage we have not put any screening but it is typical for a screening plan to be implemented as the project progresses,” Taravella said, adding that he plans to work with the Woods to “develop something that they will be happy with.”

Town Building Inspector Dan Lang informed those on the Zoom call that the Town of Batavia has specifications for its solar projects, including a decommissioning bond and a call for trees, berms and surface vegetation to ensure a view “that is as natural as possible in accordance with our code.”

At that point, Michelle Wood spoke up, acknowledging that she and her husband are the landowners.

“We really would like a berm put along the back of it – it protects us and our house,” she said. “We’re OK and in favor of a solar farm there. We would prefer a solar farm versus a cement industrial building there, so we don’t have a real problem with it. We would just like for them to come to us with what their ideas are and what they’re planning to do.”

Planners Want Extensive Screening

Later on, during the regular meeting, planners asked Taravella to develop a screening plan that shields the Wood house “not only from looking out their back window but also from their side window, over to the driveway” and asked him to create visual simulations showing as such.

Furthermore, board members requested screening around the entire project, including the view from College Road. Taravella said that is an early consideration as developers have to make sure that some of the fixed-angle panels are not shaded by trees or berms.

Going forward, Town Engineer Steve Mountain advised that developers should submit a long-form State Environmental Quality Review to provide as much information to the planning board, which then voted in favor of seeking lead agency status for the project.

Planning Board Chair Kathy Jasinski said the board will invite Taravella back after getting the SEQR form, which takes about 30 days, and talk about the special use permit.

In other action, the planning board:

• Following a public hearing, approved a special use permit for Janice Smith, 9149 Creek Road in the Town of Batavia, to convert an existing barn in an agricultural-residential district as a venue for weddings and other events.

“I have a large barn; I have property,” Smith said. “We went through this last year with my son where he got married, and he didn’t have a place to have it, so I would like to offer that (option) to other people. We don’t really have anything like that around here so …”

Discussion centered around the number of parking spots available on the property and whether the surface would be paved or left as grass.

Smith said there would be 157 parking spots on a grass surface, adding that the ground was “completely flat” and that she didn’t anticipate any problems being that the barn would be used during the warm weather months.

Town Building Inspector Dan Lang said that he has made several visits to the site and found “no difficulties” as the ground was solid, and there also were areas of stone and gravel.

Smith also responded to a question about possible noise issues related to music being played at the venue but said there are no neighbors for miles to the east or west and the closest neighbor otherwise were her parents.

Previously, the referral was recommended for approval by the Genesee County Planning Board with modifications that the applicant provide a revised site plan with the location and number of parking spots serving the party venue; and applies for 9-1-1 Address Verification to the Genesee County Sheriff's Office to ensure that the address of the proposed event venue meets Enhanced 9-1-1 standards*.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

• Approved a site plan and SEQR and declared itself as lead agency for the construction of a LandPro (John Deere sales and service company) sales, storage and maintenance facility at 4554 W. Saile Drive, near the Volvo Rents equipment building.

The venture initially came before the board in December and was also reviewed by county planners.

“I think you might be pretty familiar with the project by now. Obviously, we’re looking to go ahead and build on approximately 14 and a half acres on West Saile Drive,” said Project Designer Andrew Schmieder.

Schmieder said the project consists of a 28,000-square-foot maintenance building with about 15 bays for work on agricultural equipment and another five or six bays for work on turf equipment. He said that the main sales and parts storage facility is around 22,000 square feet and it will include office space to accommodate the transfer of administrative employees to the site.

Additionally, there will be about 7,000 square feet allocated to parts storage and LandPro officials are proposing to erect a 200- by 75-foot pole barn for cold storage, Schmieder said.

“This site lends itself very well to what’s being proposed – we’ve got a lot of room out there,” he said. “There’s an area out front to display some of their turf and ag equipment.”

Responding to concerns over increased traffic, Schmieder said he didn’t expect a significant change. He said during peak hours, they expect 10 to 15 vehicle customers per hour, and three to four cargo deliveries per day to the facility that will house about 65 employees.

Schmieder reported that there will be a minimum of 70 parking spots for employees and another 40 for retail customers, including six handicapped parking spaces.

Final approval is contingent upon final town engineering review and approval. Work is anticipated to be completed in the spring or summer of 2022.

Rendering at top (taken from Zoom meeting) shows the proposed solar project on Med Tech Drive off R. Stephen Hawley Drive (College Road), The Wood residence is at the right.

Michael S. Tomaszewski, the funeral home director accused of stealing money from customers, is apparently set to accept a plea offer from the District Attorney's Office but COVID-related delays in town courts are holding up the process.

Tomaszewski made a virtual appearance in Genesee County Court yesterday.

He faces one SCI (Superior Court Information, like an indictment but without a grand jury hearing, which Tomaszewski waived) with more than 200 criminal counts and there is another SCI coming but he has not been arraigned on those counts because courts in the towns of Batavia and Oakfield have been closed due to the coronavirus pandemic. 

Judge Charles Zambito indicated that he could possibly arraign Tomaszewski on those counts under specific circumstances, but said he would need to check with the court supervisor to ensure those circumstances are met in this case. Zambito said these are uncharted waters and the rules are changing a lot. 

Tomaszewski is accused of taking money people used to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The SCI indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

Attorney Thomas Burns, representing Tomaszewski, said his client intends to accept the plea offer. Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The case is adjourned until 1:30 p.m., March 8, and will resume virtually.

Alecia Kaus/Video News Service contributed to this story.

The City of Batavia Republican Committee tonight endorsed five incumbents -- three on the Batavia City Council and two on the Genesee County Legislature -- in their bids to retain their seats in the November 2021 election.

Committee Chair Rich Richmond reported on the selections following a meeting, adhering to all COVID-19 protocols, at Godfrey's Pond.

Endorsed for Councilperson-At-Large positions are Eugene Jankowski Jr. (the current City Council president), Robert Bialkowski and Jeremy Karas.

On the Genesee County Legislature, the committee is backing Gary Maha, who represents wards 4 & 5 in the city (District 9), and John Deleo, who represents wards 1 & 6 in the city (District 7).

Members of the Genesee County Police Reform and Reinvention Collaborative on Monday night made a few edits to the preliminary report drafted by Robert Bausch, but the general consensus was that the committee moderator’s summary of what has been discussed over the past four months is right on target.

“I think I was really impressed and it’s well written," said John Keller, a pastor at Northgate Free Methodist Church. "There are a few constructive things but, truthfully, from my experience with this – from talking to people around town and at my church – there doesn’t seem to be a huge problem (surrounding the Genesee County Sheriff’s Office).” 

“We run the risk of, if we try to do too much, we’re putting the problem where there isn’t one. For the large part, the department is in great shape and it’s well run.”

Keller said he was pleased to see that the report included valid recommendations, especially the fact that the committee is calling for reform of the New York State Civil Service Commission.

“I would love to see some minority deputies,” he said. “I’m glad we’re addressing that, or trying to, through the Civil Service recommendations.”

Bausch’s report incorporates information shared and dialogue from the group’s nine meetings, prefaced with an overview of the sheriff’s office and then it's broken into four sections as mandated by Gov. Andrew Cuomo’s Executive Order 203 on community policing reform.

“Going back through all my notes, I did not come up, honestly, with a lot of strong recommendations – we know there are issues of training – but as finding weaknesses in the department or in their procedures (there were few and that can be attributed) to a certain degree being accredited by the state every five years,” Bausch said. “I just don’t find a lot that I can say that this is really a critical area that needs some TLC (tender loving care).”

According to the report, sheriff’s office was “open to the process and provided information in a timely manner,” believes that training is an ongoing process, adheres to NYS Municipal Police Training Council policies and standards, is highly qualified as indicated by its accreditation through the NYS Law Enforcement Agency Accreditation Council, and is an active member of the community-based Genesee County Criminal Justice Advisory Council.

Following is the report’s four categories, with some findings and recommendations:

What Functions Should Police Perform?

Findings:

The law enforcement agencies in Genesee County work very closely together and operated under the “closest car” concept to assist with the most-timely response.

The 9-1-1 Emergency Services Dispatch Center serves as the countywide Public Safety Answering Point.

All law enforcement agencies are represented at CJAC.

The Sheriff’s Office works closely with human services agencies in the county to address new and changing residents’ needs, has worked with Genesee County school superintendents and principals to achieve the assignment of a School Resource Officer (SRO) in its district and offers numerous outreach programs to identify and address societal issues.

The department oversees two unique programs -- the Justice for Children Advocacy Center and Genesee Justice, an alternative-to-incarceration and victims’ assistance program – and participates in the Police Assisted Addiction and Recovery Initiative with other law enforcement agencies and the City of Batavia Fire Department.

Recommendations:

The report indicated that “major areas of concern” include mental health and substance abuse and that programs to address these issues need to be developed and expanded.

The committee recommends that mental health professionals should be available to assist the 9-1-1 Emergency Services Dispatch Center, road patrol officers, and the county jail, and that the obtaining the services of Genesee County Mental Health, Genesee/Orleans Council on Alcoholism and Substance Abuse and others should be explored.

The report also noted the costs associated with expanded programs, noting that reallocation of funds is unlikely at the present time.

Employing Smart and Effective Policing Standards and Strategies

Findings:

The report gives high marks to the sheriff’s office, citing the importance of the agency having to follow strict standards as set forth by the NYS Law Enforcement Agency Accreditation Council.

As far as issues involving use of force, the committee found that over the past three years, there was an average of 10 use of force incidents per year. It also found no incidents relating to a lack of accountability on the part of sheriff’s office personnel.

Recommendations:

The committee urges the office to be “vigilant and prepared to address issues and citizen concerns” as they arise, particularly when it comes to interaction with underserved residents, whether individually or as a group.

It recommends the use of body cameras with proper training as a prerequisite, and calls for consistency and lack of bias in dealing with the public.  The report also recommends the adoption of a consumer hotline or citizen comment form so residents “can have a safe place to air grievances, comments, concerns or acknowledgements. These submissions will be reviewed by the command staff of the Sheriff’s Office in a culturally sensitive and timely manner.”

Fostering Community-Oriented Leadership, Culture and Accountability

Findings:

Calling this topic “the most challenging and most rewarding” for the office, the report said the agency is transparent and practical, and makes efforts to reach out to the community through programs such as School Resource Officers, tip lines, small community group meetings, and other civic events.

Since about 4 percent of the population have a preferred language other than English, this could pose a barrier for officers. To overcome this, the agency uses a certified interpretive service. Because of these services, those that have a preferred language other than English, now have access to a service that enables communication with the sheriff’s office.

Recommendations:

The committee recommends development of a comprehensive training plan that includes implicit bias, trauma informed care and vicarious trauma training, mental health, and state-mandated trainings, with the training plan to include what type of trainings, times, cost, attendees and frequency.

Transparency to the public and collaboration with local agencies and professional trainers should be a prerequisite to the process.

Recruiting and Supporting Excellent Personnel 

Findings:

Genesee County’s population consists of 92.9 percent white, 3.2 percent black, 3.5 percent Hispanic and 2 percent two or more races. When it comes to employment, the application process consists of passing a Civil Service exam, physical fitness exam, and an in-depth background check.

The report indicated that because Civil Service laws control most aspects of the employment process, there are limitations on what actions the department can take. “This is a huge obstacle and deters those from underserved populations from applying,” according to the report. 

Recommendations:

The committee believes the department should review its recruitment program and identify any programs or agencies available, such as the Genesee County Career Center or Veterans’ Outreach Program. It also recommends that the agency work with school superintendents, principals and officials at Genesee Community College to enhance its recruitment efforts – with a goal of more diversity in its hiring.

Another recommendation centers around having the Genesee County Legislature and county management take a more active role in supporting reforms to the Civil Service Commission.

Committee Suggests Some Revisions

At last night’s meeting, committee members offered several revisions to the draft, including mentioning something about the need for funding to support increased training, how the current Civil Service process is a barrier to diversity, urging state organizations such as the New York Conference of Mayors, New York State Association of Counties and Association of Towns to push for Civil Service reform, and pointing out the significance of the weeklong Sheriff’s Teen Academy at Byron-Bergen Central School as a community outreach.

Julie Carasone, a professional trainer, suggested collecting data on the types of crimes that are committed in Genesee County and to place that information in the Employing Smart and Effective Policing Standards and Strategies category.

County Manager Matt Landers emphasized that the committee should incorporate these changes and get the revised report out to the public via a press release, Facebook and other social media, including an email address where citizens can send their comments, possibly leading to another revision.

Bausch set the next meeting for 6 p.m. Feb. 22 for the consideration of public comments and adoption of the report that has to be submitted to the New York State Office of Management and Budget by April 1. A resolution to accept the report is expected to be considered by the Public Service Committee on March 15.

Can't Forget the Human Element

County Legislature Chair Rochelle Stein recognized those who elect to serve the community in law enforcement.

“I learned a lot (about) the training and accreditation process,” she said. “Also, every time that we have a new deputy sheriff that is sworn in or sent to training, it’s an incredible responsibility that the individual takes and the commitment that they make to our community.

“That, really, was an eye-opening process that I learned that everyone goes through together. I’m not sure that point has a place in here, but Bob you underscored that with your statement that training is not considering an event – it’s an ongoing process.”

Ever-changing policies and regulations, coupled with insufficient and reduced funding from Albany, have created a “very fluid environment” that prevents the Genesee County Health Department from looking too far ahead when it comes to its continuing battle against the COVID-19 pandemic.

Public Health Director Paul Pettit conveyed that message to the Human Services Committee of the Genesee County Legislature this afternoon as he presented his departmental review via Zoom videoconferencing.

“We’re kind of entering phase three of this pandemic – the contact tracing piece and the testing – and now with the vaccinations,” Pettit said. “It’s going to be a long haul, but working together I believe we’ll get there over the next four to six months, hopefully.”

Despite the uncertainty regarding funding and vaccine availability, Pettit reported that he couldn’t be prouder of the health department staff – employees working as part of a shared services agreement with Orleans County.

“They’ve gone above and beyond for quite a long time, operating in response mode, which is tiring and stressful,” Pettit explained. “But they’ve risen to the challenge and I just want to tell the committee how proud I am of them. And I appreciate all of the support that the committee and the legislature give, not only to the health department but to all the county staff.”

The health department has been dealing with the pandemic for nearly a year, and that concentrated focus on helping those who have been infected or have had to be quarantined due to contact with an infected person has relegated other departmental initiatives to the back burner.

Pettit said the health department has received $264,576 in COVID-specific grant funding for use through 2022, and has spent about $135,00 thus far, with almost $75,000 of that for employee overtime and other expenses.

“Fortunately, we’ve had those grant funds to cover that, but still that’s a lot of money in overtime to meet the needs of contract tracing and the other activities that have occurred over the past 10 to 11 months,” he said.

He said he is expecting additional funds for vaccination and is waiting to see how that money will be funneled from the state to the counties.

“As we have talked about many times, this will be a significant effort over the next four-, six-plus months to vaccinate our entire population, so there is going to be a lot of expense around that,” Pettit said. “It’s a big effort in front of us so, obviously, these grant funds when they come will be very important to us to offset our public health and local funds – and making sure we’re utilizing them the best we can.”

In an effort to faciliate the county's vaccination clinic scheduling process, the Human Services Committee voted to approve a contract for staffing services from Coastal Staffing Inc., of Naples, Fla., for six months at an estimated cost of $65,500.

Pettit's departmental review touched upon several areas, as follows:

FISCAL PROFILE LOOKING AHEAD TO 2021

Article 6 is the avenue by which public health departments receive state aid revenue.

Pettit said Gov. Andrew Cuomo is looking to reduce Article 6 funding by 5 percent across the board, which means the local health agency will receive about $38,000 less than expected – down from $757,129 to $719,273.

Concerning performance incentive funding, Genesee/Orleans is anticipating about $10,000 this year, he said.

The health department is facing a 20-percent cut in funding for its lead and tobacco grants for the period of April 1, 2020 through March 31, 2021, Pettit said, and may lose all of the funding for its rabies grant (about $15,661).

“In the executive (state) budget proposal there is a cut to the rabies grant – potentially a full extinction of the grant,” he said. “We spend a lot more than that on rabies every year. This grant, particularly, pays for all of our animal clinics that we’re required to do by law and pays for the vaccines for that. Also, for educational things that we do and it offsets some of our post-exposure costs, which is well in excess of $100,000 per year.”

Pettit said he is advocating to get that money put back into the state budget.

CROSS-JURISDICTIONAL SHARING WITH ORLEANS

Genesee is into the ninth year of its CJS relationship with Orleans with seven full-time shared administrative staff and one emergency preparedness assistant.

“We have a common shared Board of Health, and we continue to leverage that relationship and have shown it to be fruitful during the COVID response and our ability to utilize staffing across the lines to supplement and move resources as needed,” Pettit reported.

He said the counties have finished their strategic planning project in 2020, but have had to hold off on their quality improvement and workforce development plans. He also said they are hoping to gain accreditation from the Public Health Accreditation Board by 2022.

Pettit added that the CJS agreement recently was expanded to include the Wyoming County Health Department.

COMMUNITY HEALTH ASSESSMENT/IMPROVEMENT PLANS

Pettit said the updated work plan submitted to the state in December focuses on chronic disease, mental health and substance abuse issues.

He said the GOW (Genesee-Orleans-Wyoming) Task Force is continuing to meet, with the program formally coordinated by Genesee/Orleans Council on Alcoholism and Substance Abuse.

He also praised Ashley Rodriguez, a new Public Health associate, for contributing to the department’s COVID response.

“She is a huge piece of our efforts related to COVID, and is bilingual, which is very helpful (when communicating with Spanish-speaking residents).

ENVIRONMENTAL INITIATIVES

Pettit said the county’s septic replacement program has been successful, with 14 households earning reimbursements of more than $86,000 thus far.

“It’s a program that our folks who live in certain areas of the county on certain creeks are taking advantage of,” he said, adding that the program runs through 2022.

PUBLIC HEALTH EMERGENCY PREPAREDNESS

“Preparedness is COVID and we continue to spend a lot of time there,” he said, mentioning the department’s preparedness app – a joint venture with Emergency Management.

He said COVID has enabled the agency to build its Medical Reserve Corps, a volunteer group that could assist in the case of future health crises or emergencies, and said county employees have been actively engaged in the continuity of an operation plan that is designed to integrate the various departments as efficiently as possible.

EARLY INTERVENTION/3-5 PRESCHOOL

The department’s most expensive program, the Early Intervention (EI) and 3-5 Preschool services are expected to cost $601,500 in the coming year.

Pettit said 136 children are in EI and another 156 in the 3-5 Preschool.

He said there is a push for a shift of fiscal responsibility to schools, noting a "significant increase in transportation costs” since we have to now bus all of our kids out of the county. We don’t have a local center-based program any longer.”

As a result, he is projecting a 91-percent increase in transportation costs from 2020.

“Ultimately, until we get another center-based program back in the county, unfortunately all of our children in Genesee and Orleans counties have to be transported out to surrounding counties for those type of services,” he said.

In a related development, the Human Services Committee recommended the legislature accept an EI allocation of $31,982 from the New York State DOH for the period of Oct. 1, 2020 through Sept. 30, 2021.

WEIGHTS & MEASURES

Pettit said a shared W&M director with Orleans County has streamlined the program to realize significant savings for both counties.

In 2020, the division inspected more than 650 devices and collected $16,762 in fees.

CORONERS/MEDICAL EXAMINERS

Coroner cases increased in 2020 from around 170 to 193, with 61 of those cases being handled by the medical examiner’s office in Monroe County, Pettit said.

He emphasized the need to appoint a new coroner to replace Jeff McIntire, who resigned. The county is currently operating with three coroners instead of four, but can request assistance from Orleans County if necessary.

Press release:

Genesee County received 46 new positive cases of COVID-19.

• The new positive cases reside in the:
  • West Region (Alabama, Darien, Pembroke)
  • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield)
  • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s and 80s. 
• Fifty of the previous positive individuals have recovered and have been removed from the isolation list. 
• Twenty of the positive individuals are hospitalized.

​

• Orleans County received 36 new positive cases of COVID-19. 
• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
• Seven of the new positive individuals were on quarantine prior to testing positive.
• Fifty-six of the previous positive individuals have recovered and have been removed from the isolation list.
• Four of the current positive individuals are hospitalized.
• Five of the new positive individuals is a resident at the Orchard Rehabilitation & Nursing Center.
• We are very sad to report the COVID-related death of three of our county residents. Two of the individuals were under the age of 65 and one of the individuals was over the age of 65. We will not be reporting any further information to protect the privacy of the individual and their families. We extend our deepest condolences to the families and friends of these individuals at this very sad time.
• We are saddened to report the COVID-related death of a resident of Orchard Rehabilitation & Nursing Center. The individual was under the age of 65. We extend our deepest condolences to the family and friends of this individual at this very sad time.

The distribution of free food for local residents may not be grabbing the headlines the way it did at the start of the pandemic, but the programs haven't stopped and the need has not subsided, according to leaders at two organizations involved in handing out bags and boxes of vegetables, dairy products, and canned goods.

"We've been feeding 500 families a week," said Ryan Macdonald, a pastor at City Church, which conducts free food distributions on Wednesday mornings at St. Anthony's on Liberty Street. "There's a lot of need out there. It's sad."

While The Salvation Army is not giving out as much food as it did when the pandemic first started when it utilized well-publicized drive-thru distribution days at Northgate Church, its three-day-week allocation at its location on East Main Street is still exceeding the pre-pandemic demand for food, said Todd Rapp, the local coordinator of emergency services.

"We're still seeing a significant need," Rapp said.

It's been a year since the first COVID-19 case was officially recorded in the United States, and 11 months since the first case was recorded locally.

People are out of work and are worried about paying their bills, both Macdonald and Rapp said.

"People are scared," Macdonald said. "They're scared to go out and that's hurting the economy."

Neither program requires recipients to provide financial information and is open to all residents who feel they need the assistance. 

The Salvation Army, 529 E Main St., offers drive-up pick up on Mondays, Wednesdays and Fridays. If you want to receive food, drive up, call the phone number on the sign, and somebody will assist you.

City Church's distribution at St. Anthony's starts at 9 a.m. on Wednesdays and lasts from one to two hours, depending on food availability.

Rapp said The Salvation Army also has a program to assist people with housing and he wanted to remind people that even though there is an eviction moratorium in place, tenants are still obligated for their rent. He said the Army has assisted a few local landlords who need food assistance because some tenants haven't been paying their rent.

Multiple corporate donors to U.S. Rep. Chris Jacobs (NY-27) have suspended contributions to the Western New York congressman following his objection to the 2020 Electoral College results. 

Jacobs received a total of $63,800 in donations from nine corporate PACs in the 2020 campaign cycle, campaign finance documents show. Of those companies, four -- accounting for $37,500 worth of Jacobs’s corporate donations -- have suspended contributions to some or all lawmakers in the aftermath of the vote to certify the presidential election results on Jan. 6. 

Jacobs was one of 147 Republican lawmakers who raised objections to the certification of electoral votes; he was one of four lawmakers from New York to do so -- along with Rep. Nicole Malliotakis (NY-11), Rep. Elise Stefanik (NY-21) and Rep. Lee Zeldin (NY-1). 

“I have a duty to represent my constituents and a constitutional duty to ensure the security and integrity of our elections,” Jacobs said in a statement at the time. “I do not take this decision lightly, but for these reasons feel it necessary to object to the certification of the electoral votes from contested states.”

Blue Cross/Blue Shield -- which gave Jacobs $10,000 in the 2020 cycle through its PAC -- announced several days after the vote that it had suspended all contributions to politicians who objected to the results.

“In light of this week’s violent, shocking assault on the United States Capitol, and the votes of some members of Congress to subvert the results of November’s election by challenging Electoral College results, BCSBA will suspend contributions to those lawmakers who voted to undermine our democracy,” President and CEO Kim Keck said in a statement. 

New York Life Insurance’s PAC, which gave $5,000 to Jacobs in the 2020 campaign cycle, has also suspended contributions to members of the U.S. House and Senate who voted against the certification of electoral votes, a spokeswoman for the company told The Batavian in a statement. 

“We will be evaluating our approach moving forward,” the spokeswoman said. 

Other companies have suspended PAC donations altogether following the vote, regardless of lawmakers’ stances on the electoral results. 

Those companies include the National Fuel Gas Company, which gave Jacobs $15,000 in the 2020 cycle.

The National Fuel PAC “contributes to candidates of both parties who support affordable and reliable natural gas access and delivery to fuel our homes, businesses and communities,” a spokeswoman told The Batavian in an email. “Every contribution receives considerable evaluation to serve those ends. In light of current events, we have hit pause on all of our political contributions.” 

The United Parcel Service -- which donated $7,500 to the congressman in the most recent campaign cycle -- announced in the days following the vote that it had also suspended all contributions to political candidates. 

Charter Communications and M&T Bank, which donated $5,000 and $1,000 to Jacobs in the 2020 cycle, respectively, acknowledged receipt of inquiries from The Batavian but did not provide a comment on the future of their PACs’ relationships with Jacobs. 

Constellation Brands, a Western New York-based producer and marketer of alcoholic beverages, contributed $7,500 to Jacobs’s campaign in 2020. Neither Constellation Brands nor the American Crystal Sugar Company, which donated $5,000 to Jacobs, responded to multiple inquiries from The Batavian. 

Delaware North -- which is owned by the Jacobs family -- also did not respond to multiple requests for comment from The Batavian. Delaware North donated $7,800 via PAC to Jacobs in the 2020 cycle.

While pleased that the Batavia City Council voted to support the My Brother’s Keeper initiative designed to help boys and young men of color with their academic progress, Batavia City School District Superintendent Anibal Soler Jr. believes that some clarification about the program is warranted.

“Regarding the My Brother’s Keeper story (that was posted on The Batavian on Tuesday – the day following the City Council meeting where the measure was discussed at length before passage), I believe there was some unfamiliarity with what the grant was requiring and the tight timeline for submission to the New York State Education Department created some additional angst,” Soler said.

According to documents provided to Council members by Interim City Manager Rachael Tabelski, the school district came to the city, seeking a municipal partner in order to apply for the NYSED grant, with a Feb. 1 deadline being set for this year’s grant cycle.

Goals of the program, an extension of an initiative promoted by former President Barack Obama several years ago, include forging teacher/community relationships to address learning needs at every grade level; enhancing family relationships; creating a culturally diverse and engaging atmosphere for learning; and utilizing school, family and community to provide the best opportunities for academic, social and emotional growth.

As explained by Tabelski in a memo to City Council, the city’s role would include advertising the MBK program, providing public meeting room space, and providing mentors and homework assistance at the Liberty Center for Youth afterschool program.

Soler said he followed up with City Council President Eugene Jankowski Jr. after the meeting to “clarify any confusion or answer any additional questions he may have had, and thanked him for his support.”

“The MBK grant is supplemental funds to support the district's efforts on increasing the academic achievement and college and career readiness of boys and young men of color by sustaining effective relationships with families,” Soler said. “The grant doesn't obligate the city for any services; it just allows them to endorse and or partner in our efforts to pursue this funding opportunity and if we receive this grant we would be able to supplement any city efforts on family and community engagement.”

Jankowski, during Monday night’s meeting, said he was concerned about the last-minute timing of the grant and also about the cost to the city, especially considering that city officials are in the midst of developing the 2021-22 budget.

The city council president ultimately voted in favor of supporting MBK as did the other Council members in attendance, except for Rose Mary Christian, who said she was going to contact the Civil Liberties Union about the legality of an initiative that targeted a specific group.

When asked why he voted in favor of it, Jankowski said he believes the program has merit, but needed “to understand how this would impact our community, and there was a tight time deadline.”

“After doing some research, getting some answers during the Council meeting and the reassurance of Council Member Patti Pacino, a retired teacher, I felt comfortable voting yes,” he said.

When it was mentioned that it seemed to be something that the school district and Genesee County were negotiating over originally, Jankowski said he wasn’t sure of that, but is “hopeful that the city/school partnership for this program will turn out to be a positive one.”

Christian, contacted this morning, said she did call the CLU but did not receive a response.

“I just felt bad because they didn’t include girls,” she said. “It doesn’t matter what nationality they are or what heritage, it just didn’t include them. Like (Council Member) John Canale said, it’s for Hispanic, people of color, the Black community – that’s fine – but what about Caucasian?”

Christian said students across the cultural spectrum need help “and our teachers should be available to give as much help as possible to all that need it.”

Previously: Council members voice objections but vote to support My Brother's Keeper school initiative

It has been seven years since public school students cracked open a textbook at the Robert Morris building on Union Avenue in Batavia but the Batavia City School District superintendent is thinking it's time for that to change.

Anibal Soler Jr. suggested to the Board of Trustees on Monday night, along with a facilities consultant who made a presentation during the Zoom conference meeting, that Robert Morris is being underutilized; that there are space constraints elsewhere in the district, particularly at the middle school; and without students at Robert Morris, the building is a financial drain on the district.

"We wanted to throw something out there to get your mind working," Soler told the trustees. "We know we’ll have some fiscal challenges but to maintain a building that we don’t get anything for and we have to keep finding tenants as we do at Robert Morris, I think we have to start thinking about that, especially when we know the middle school is extremely packed right now."

In 2012, city schools consolidated their five schoolhouses into four -- Jackson Elementary, John Kennedy Primary, the middle school and the high school -- with Robert Morris becoming home to a couple of school programs with space available to tenants. The building has been generating $100,000 annually in lease payments for the district. That revenue will drop to $36,000 in the coming fiscal year. One tenant currently in the building is leaving once its lease expires in June. 

Meanwhile, because there are no students in the building, the district cannot receive state aid for any maintenance or improvements needed on the structure, Soler said.

The future of Robert Morris came up during a presentation by Richard Little and Brian Cieslinski, of SEI Design Group. The architectural firm was hired by the district to fulfill a state mandate to do a facilities review every five years.

The state requires each school district to go through these periodic reviews because identification of issues at school facilities helps the state's education department budget for aid to school districts.

SEI identified more than $40 million in maintenance issues that need to be addressed within the next five years.

“This looks daunting as far as a $40 million sum," Cieslinski said. "I would tell you, statistically, (compared to) a lot of our school districts this is actually a very good list. You’re maintaining your buildings very well."

The list includes items such as:

• Jackson School
  • Improving accessibility to comply with the Americans with Disabilities Act
  • Replacing rooftop heating, ventilation, and air conditioning units
  • Installing an emergency generator
• John Kennedy School
  • Improving drainage
  • Replacing broken or cracked concrete slabs
  • Accessibility
  • Moisture mitigation in the gym
  • Upgrades to the alarm and PA systems
• Middle School
  • Exterior brick restoration
  • Moisture in the gym walls
  • Accessibility
  • Fire barrier in the auditorium
  • Installing an emergency generator
• High School
  • Locker room renovations
  • A boiler upgrade
  • Moisture mitigation
  • Lighting upgrades
  • A new public address system
• Robert Morris
  • Brick repairs
  • Window replacements
  • Accessibility
  • An upgrade to the fire alarm system and PA
  • An emergency generator

SEI delivered to the school district a thick binder that listed these items and many more that were ranked from 1 to 5 by priority. It will be up to district officials to figure out how best to prioritize these items over the next five years.

Board President Alice Ann Benedict asked if the conversion of Robert Morris back into a school is something that will be part of the upcoming budget discussions. Soler said, no. The conversion and reassignment of students will be a significant planning issue. It will take a lot longer than a couple of months to pull together and it also needs to involve discussion with the board, administrators, teachers, parents, and other community members.

Little did present one suggestion under consideration: Moving two classes of students out of the middle school -- possibly to Robert Morris, and then relocating district offices to the middle school. That would free up space at the high school, possibly for expanded STEAM (Science, Technology, Engineering, Arts and Mathematics) education, as well as accommodate students in the future who might do better with remote learning even in a post-COVID-19 education world.

Soler was quick to emphasize that is just one idea and that more ideas need to be explored with community input.

The City of Batavia has received two responses to its request for proposal for agencies interested in providing youth services to the municipality.

Interim Manager Rachael Tabelski, speaking at Thursday night's City of Batavia Youth Board meeting via Zoom videoconferencing, said one firm scored an average of 90 and the other scored an average of 75. Scoring was done by Tabelski, members of the youth board and other persons named to the selection team.

A third firm responded with a no-bid letter stating that it did not wish to bid.

Tabelski shared this information with Youth Board members David Twichell, Paula Fischer and Lydia Schauf and City Council liaison Al McGinnis before continuing with the RFP discussion in executive session – without The Batavian reporter in attendance.

It was expected that the Youth Board would meet in the next week or so to interview one or both of the organizations that indicated responded favorably.

Tabelski did get back to The Batavian following the meeting last night.

“The plan going forward may include interviews (of one or both of the candidates) and for the measure to be put on a Council agenda to explain why the selection committee has rated a particular firm as the highest,” she said.

She would not disclose the names of the two organizations in the running, but said that the agenda of City Council’s Feb. 22 Conference Meeting “potentially” could include the youth services RFP item.

As an historical note, the Liberty Center for Youth opened in August 2019 as a joint venture of the City Youth Bureau and Genesee Area Family YMCA and the subsequent daily operation (before it was closed due to COVID-19) was being split 50/50 by the City Youth Bureau and YMCA.

The RFP was drafted by Jocelyn Sikorski, the former county/city youth bureau executive director, before she left the position to take the executive director job with Cornell Cooperative Extension. It was sent out on Dec. 1 to local organizations that may wish to contract with the city for the 2021-22 fiscal year that begins on April 1.

The city’s primary youth services are an afterschool program at the Liberty Center for Youth on the City Church St. Anthony’s campus and a summer recreation program, but it does participate in other activities, including those coordinated by Genesee County.

Fischer reiterated the youth board’s position that the city’s agreement with the county to share the cost of an executive director should be dissolved in light of Sikorski’s departure, the city’s budget situation and the county possibly looking to make changes to the way it delivers youth services.

It was noted that the county has not billed the city for youth services during the first quarter of this year and that the city has not requested any services from the county.

Twichell asked McGinnis if City Council understood that the youth board recommended ending the contract with the county, but Tabelski said dissolution of contracts was a responsibility of the city manager’s office, and ultimately it would be decided by City Council.

Fischer mentioned that the reason the city contracted with the county because, at the time, it was required by the state.

“Shared services were a big thing being pushed by the governor and it made sense to share that position and get the state funding – and save the city money in the process,” she said. “But in 2017, we no longer needed to have that position to get the state funding.”

In other developments, the board:

• Welcomed Schauf, a former city youth bureau employee, to the committee for a term extending to Dec. 31, 2023. Schauf said she would be contacting Chelsea Elliott, the county’s deputy youth bureau executive director, about the youth board’s intention to participate in the annual Youth Awards Banquet, usually held in April.

• Put out a call to enlist other community members to join the committee, noting that its bylaws call for 11 members with no fewer than five seats for adults. Currently, there are only four citizen representatives on the youth board.

• Scheduled its next regular meeting for 6 p.m. Feb. 16 as long as space at City Hall is available as the consensus was to have an in-person meeting. The agenda for that meeting will include the appointment of officers and a review of the bylaws.

Previously:  Youth Board backs RFP for possible outsourcing, but wants city to keep in-house program 'on the table'

Much along the lines of a circus juggler, Andrew Maguire is determined to keep the balls in the air as he tracks the many City of Batavia projects funded by the Downtown Revitalization Initiative, Building Improvement Fund and New York Main Street grant programs.

Maguire, director of economic development for the Batavia Development Corporation, went through his list of what he called “2021 milestone projects” and other irons in the fire during the agency’s monthly board meeting this morning via Zoom videoconferencing.

“There are a couple of big ones, obviously,” he said. “Ellicott Station (the mixed-use venture on the former Soccio & Della Penna and Santy’s Tire Sales property on Ellicott Street) is hopefully going to be beginning construction in early spring and projections for the Healthy Living Campus (YMCA project on East Main Street) are for the fall of 2021 to begin construction and demolition. Those two big ones alone should equate to almost $50 million of investment into the city.”

Maguire said he was confident that the City Centre Mall and Jackson Square projects also would commence construction this year, as well as Main Street 56 Theater (at the City Centre), 206 E. Main St. (Main Street Pizza Company building), 201 E. Main St. (GO ART!), 39-43 Jackson St. (corner building next to School Street), 97 Main St. (old Genesee Bank building) and 219 E. Main St. (Fieldstone Private Wealth - Ameriprise Financial Services).

“These are all projects that will run through our grant programs. So, they do have time frames they have to comply with so I’m pretty confident that all of these on this list will be moving to the construction phase in 2021 – which should yield over $50 million total investment through the grant funding program,” Maguire said.

He admitted the DRI process is “kind of tedious and relatively slow” but, again, said he expects the City Centre, Jackson Square, Ellicott Station and Healthy Living Campus “will all be hitting the ground running in 2021, which I’m excited about.”

Going down the list, Maguire reported the following:

• 206 E. Main St. (Main Street Pizza Company building).

He said an asbestos survey was being done and that owner Paul Marchese is expected to finalize the design plan by early February. “As soon as I get my hands on it, it is going out the door to get bid out,” he said.

• 242 Ellicott St. (corner of Liberty Street).

With a salon downstairs and two apartments upstairs, owners have completed the interior work and are waiting for the weather to break to do the façade work, Maguire said, adding that it should be done in early spring.

• 99 Main St., (old Mane Attraction building, now a dental office).

“They’re getting some stuff cleaned out right now and hopefully we will see some big dumpsters in the near future,” Maguire said.

• 109-111 Main St. (Eli Fish Brewing Company and restaurant).

The owners selected Whitney East as their preferred developer and it is going on to construction pretty soon, Maguire said.

• 39-43 Jackson St. (just north of School Street).

Maguire said he is working with the City Planning & Development Committee to get the site plan on to the latter’s agenda, adding that it needs county planning approval as well.

• 201 E. Main St. (GO ART!).

He said that GO ART! officials are working with a local lead paint tester to determine the extent of that potential issue.

• 219 E. Main St. (Fieldstone - Ameriprise).

“We’re working through an environmental checklist there. Obviously, there was an adjacent dry cleaner years ago and that could require further environmental testing,” Maguire said.

• 97 Main St. (old Genesee Bank building).

Maguire said the plans are top-notch, but won’t be delivered until after completion of State Historic Preservation Office testing.

• 33-39 Ellicott St. (Batavia Tailors & Cleaners, Domino’s, DiMatteo law firm, Village Audiology).

The building owner (Batavia Tailors) will be contracting for façade work and heating/cooling work, and also is required to perform environmental testing, Maguire said.

In other action, the board:

• Voted in favor of additional three-year terms for members Lori Aratari, Christine Fix, Nate Varland and Rebecca Cohen, and one-year appointments to the executive committee for Aratari, president; Wesley Bedford, vice president; Jake Whiting, secretary, and Cohen, treasurer.

• Modified language in the Performance Evaluation Policy to include that a review of the director’s job performance will be conducted by the executive committee, not a “committee” as previously stated.

• Learned from Interim City Manager Rachael Tabelski that the agency’s financial reports, generated by the City of Batavia, won’t be converted to the city’s new software system until sometime in 2022. Varland requested some type of “financial health at a glance” report to make it easier to determine the BDC’s financial standing rather than having to look at multiple documents. Maguire offered to compile a “budget actual, which would be simpler format to look at” moving forward.

With a helping hand from Genesee County, a Richmond Memorial Library program vital to reaching residents unable to make it to the Ross Street facility is able to keep on rolling.

On Wednesday, the Genesee County Legislature approved a contract with Genesee Valley Chrysler Dodge Jeep Ram in Avon to accept a submitted bid to provide the library – as well as any other municipalities that wish to use the bid via the "piggyback clause" – access to vehicle pricing that was submitted as part of the bid.

The contract is in place for 90 days, beginning on Dec. 10.

What this means is that the library, after contacting the county’s Purchasing Department to assist in buying a new vehicle, is able to purchase a 2021 Jeep Latitude SUV to replace the 2011 van that it had been using as part of its Library Visits program.

According to the library’s website, the Library Visits program provides library services to older adults in Genesee County who are unable to visit the library. It is funded by a grant from the Muriel H. Marshall Fund for the Aging. The late Muriel Marshall was a former school librarian.

Genesee County residents at least 60 years old who are confined to their homes due to a short term or extended illness, disability, or lack of transportation may be eligible for the services of this program, which also offers rotating mixed media collections to senior housing complexes, adult daycare facilities, nursing homes, and veterans' facilities in Genesee County.

The cost of the new vehicle, which reportedly will be delivered by early March, is $13,557 -- significantly less than the retail price – and is a result of using the county’s purchasing power and trading in the van. The resolution also states that the county does not expect to use this particular contract to purchase vehicles.

"We were able to trade in the van, which was about 10 years old but it only had 10,000 miles on it, so we got $10,000 for it," Conrad said. "Add the municipal discount and the fact that we pay no tax, and we got a great deal."

Conrad said the vehicle is used a couple times a week for the Library Visits program -- traveling to group living homes and switching out material every four to six weeks -- but also could be used to carpool librarians to Nioga Library Systems headquarters in Lockport, to the annual conference in Saratoga Springs or other training opportunities wilthin the boundaries of the Western New York Library Resources Council that is based in Buffalo.

He said the plan is to either apply vinyl wrap or place a sign on the vehicle for advertising purposes.

Conrad credited Library Visits coordinator Lucine Kauffman and Batavia City School District Business Administrator Scott Rozanski for pointing him in the direction of Genesee County Purchasing Director Eve Hens.

Hens said she was happy to assist Conrad in the process.

“Bob Conrad called me because they don’t have a purchasing department, obviously, and he wasn’t really sure how to proceed with the purchase and wanted to make sure that it was done the right way – following all of the laws and procedures that are in place,” Hens said.

She said the county has advertised and issued bids for vehicle purchases in the past, with the stipulation that “while Genesee County was sponsoring the bid, we would not be the one to purchase the vehicle – it was specifically for use by the Richmond Memorial Library.”

The transaction was accomplished by using the procurement “piggyback clause,” Hens said, wording that states that a contract put into place as a result of the bid will be available for use by other municipalities with the mutual consent of the vendor and the municipality that will be using the bid.

“It also states that Genesee County will not be responsible for any contracts that are put in place using our bid,” she added.

While the “piggyback clause” calls for competitive bidding for anything over $20,000, Hens said it was wise for the library to go this route because it was “hard to tell what the cost would be up front.”

“So, I would always err on the side of caution when issuing a bid. If it’s estimated to be around $20,000, I would do the bid just to be make sure that we’re covered,” she said.

Hens said she wasn’t sure how much money the library saved, but figured it was significant because of the trade-in and the utilization of municipal pricing. This process can only be used by municipalities that receive tax revenue, which Richmond Memorial Library does through its relationship with the Batavia City School District.

She also noted that she puts the piggyback clause in all county bids to make them available for use by the towns and villages, mentioning that towns and villages use the county’s road salt and highway materials bids to secure favorable pricing.

Genesee County Manager Matt Landers said he finds some good and some bad with the proposed New York State fiscal year 2022 budget with the “good” connected to a suggestion made by Genesee County officials to loosen the restrictions on municipal investments.

“A suggestion that actually came from Genesee County was the ability to invest our money a little more, I don’t want to say aggressively, (but) the restrictions that governments – counties and municipalities – in New York State had was one of the most restrictive in the nation,” said Landers, reporting to the Genesee County Legislature this afternoon during its meeting via Zoom videoconferencing.

Landers said if Gov. Andrew Cuomo ultimately accepts the suggestion to give local governments more flexibility in their investments, it could lead to a six-figure increase on Genesee County’s bottom line.

“I don’t have an exact figure, you’d have to talk to Treasurer Scott German about that, but I do know that we budgeted $150,000 in 2021 and that was just in the general fund,” Landers said, noting that investments are volatile depending upon interest rates.

Last summer, Landers and German looked into the county’s investment strategies – it has a contract with the three+one firm out of Pittsford – and found out that New York’s investment regulations were the most restrictive in the nation.

“I passed that along to NYSAC (New York State Association of Counties) and they passed it along to the (NYS) Division of Budget, and lo and behold, it came out as one of the governor’s suggestions in his budget to loosen up the restrictions,” Landers said. “So, there’s evidence that ideas coming out of Genesee County can actually have an impact on the state.”

Landers said news of the governor’s support in the investment arena puts the county in prime position to generate additional revenues.

“I’m sure Scott will be pleased to put three+one to work if we get this additional relief in how we can do investments,” he said.

Sticking with the “good” part of the state budget, Landers said the county now is projecting a 5-percent reduction in state aid – down from the 20 percent it put in its 2021 budget.

“This is assuming that the state gets $6 billion in stimulus money from the federal government,” he said. “If the state gets nothing, then we would be looking at the 20 percent (decrease).”

Landers also mentioned the state’s reconfiguration of its Aid and Incentives for Municipalities program – action that will affect counties that have towns and villages receiving AIM funds.

“We’re still trying to figure out how the AIM impact will be – the state is shifting – taking some of the sales tax proceeds from counties and making towns and villages whole through AIM,” he said. “More than half the counties are going to benefit from this shift, but some counties are going to be hurt depending on the makeup within their county of municipalities that are receiving AIM.”

The county manager also reported that the allocation of the county’s extra 1 percent in sales tax no longer will need state approval, but on the “bad” side, said the county is looking at the possibility of losing $160,000 in Video Lottery Terminal revenue generated by patrons at Batavia Downs Gaming.

In legislative action, the board implemented a Rule 19 resolution to ratify prior measures that grant Legislature Chair Rochelle Stein emergency powers as they pertain to financially protecting non-county workers – both volunteer and professional -- at COVID-19 testing clinics.

The resolution gives Stein authority in two circumstances beyond a Jan. 14 resolution that granted emergency powers for the chair to execute necessary COVID-19 documents – an agreement for services for COVID-19 volunteers and an agreement for paid services for COVID-19.

On another front, the legislature set a public hearing for 5:30 p.m. on April 28 at the Genesee County Old Courthouse as part of the mandated eight-year review of Agricultural District No. 4.

The district was created in December 1980 and, under Article 25AA of the New York State Agriculture and Markets Law, Section 303-a, it must be reviewed eight years after the date of creation and every eight years thereafter. Property in Agricultural District No. 4 is located in the towns of Byron, Bergen, Elba, Stafford and Le Roy.

In other action, the legislature passed the following resolutions:

• A construction contract with Union Concrete and Construction Corp, West Seneca, in the amount of $1,767,387 to replace bridges on Meadville Road over Canal Feeder in the Town of Alabama, Sharrick Road over Murder Creek in the Town of Darien, and Tower Hill Road over Spring Creek in the Town of Byron.

The resolution also called for a consultant agreement with CHA Consulting Inc., of Buffalo, for the three projects for an amount not to exceed $340,000.

Union Concrete and Construction Corp. submitted a bid that was around $400,000 less than the engineer’s estimate of construction costs. Ninety-five percent of the capital project will be paid by federal aid, with a 5 percent local match taken from the 1 percent sales tax fund.

• A consultant agreement with C&S Companies, Rochester, for an amount not to exceed $109,000 in connection with the replacement of the Upton Road over Bowen Creek bridge in the Town of Batavia.

Work, which will be covered by federal aid at the 95 percent level, is expected to start immediately.

• Payment of $4,535 in costs related to dental surgery for K9 Rayzor, with fund coming from the K-9 Donations Reserve Account (gifts and donations that were made to the K-9 program).

Expenses consisted of $2,317 for the surgery plus costs for his handler’s lodging, vehicle fuel and food to transport Rayzor to the hospital where the surgery was performed, as well as a recovery bed for the dog.

• A contract extension through Dec. 31 with the New York State Office of Indigent Legal Services, Albany, in the amount of $170,672.

This money funds the county’s full-time assistant public defender, part-time assistant public defender, investigator and paralegal’s salary and fringe benefits as well as a parity stipend for an assistant public defender, cell phone service for one, landline telephone service for two, the investigator’s mileage and investigation online service software.

• Contracts with SkyMark Refuelers LLC, Kansas City, Kan., in the amount of $324,590 for ground service equipment, broken down as follows: $189,600 for a Jet-A refueler (diesel option) and $134,990 for an AvGas refueler (diesel option).

The cost for these contracts is partially covered by a state grant.

• A change order to a contract with Suburban Electric, Albion, in the amount of $65,302 in connection with work being done at pump stations in Churchville and Mumford to expand water supply capacity under Phase 2 of the Countywide Water Supply Program.

The change order calls for the installation of a different Programmable Logic Controller (PLC) within the Motor Control Center (MCC); eliminating the power management system; modifying the MCC; increasing the height of the telemetry tower from 50 to 70 feet, adding an additional telemetry tower at the Riga Pump Station and adding a backup power system for the MCC.      

This is the second change order on this contract and brings the total contract cost to $832,984.50. The original award of the contract was for $759,000.

• Allocation of up to $300,000 to support the Genesee County Chamber of Commerce for publicity and tourism services connected to the “I Love New York” program through Dec. 31.

Funds from the county’s 2021 hotel and motel tax receipts (bed tax) will be used, with the stipulation that the county will only fund tourism activity to the extent actual revenues from bed tax are realized, not to exceed the fiscal year appropriation of $300,000.

• The creation of two temporary full-time clerk-typist positions, effective from Jan. 25 until July 23. The clerk typist salary and fringe ($38,707) are allocated in the 2021 Health Department budget.

The position’s salary is partially funded by state aid/performance funds. The cost to the county will be approximately $22,158.

City of Batavia Police Chief Shawn Heubusch said he is encouraged by the results of a survey designed to gauge the community’s perception of his department and is looking forward to expanding the work of the Batavia Police Collaboration Advisory Stakeholder Group.

Speaking at Monday night’s City Council meeting, Heubusch shared highlights of the draft report generated as a result of seven meetings of the advisory group, which was formed last summer in response to Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

The draft of the plan, which ultimately will be submitted to the New York State Office of Management and Budget, will be available for public viewing and input on the City of Batavia’s website for about 30 days. Council is expected to consider the plan, including any updates, at its March 8 Business meeting.

Heubusch said he felt “very proud” about the response to the survey question, “When I seen an officer how do I feel?,” as the overwhelming majority indicated that seeing an officer made them feel safer and that they would be treated fairly.

He said the 14-question survey drew 828 responses, with 77 percent of the respondents stating that they lived in Batavia and 87 percent indicating that they were white. Fifty-eight percent were over the age of 45 and 56 percent were female.

The chief also said it was “very reassuring” that 81 percent of the respondents said that their opinion of the Batavia PD has not changed because of national events.

“Remember, when we started this it was right after all of the tumultuous activity that took place across the country,” Heubusch said.

He also pointed out that 80 percent said officers acted professionally/very professionally during an interaction, with 7 percent offering no opinion and 3 percent stating officers were unprofessional/very unprofessional.

“Eight respondents said their last interaction was due to an arrest and five of those respondents indicated the department was professional or very professional,” he added.

Concerning recommendations going forward, Heubusch said the top two answers to the question, “What should the Batavia PD do?” were to provide more training and resources for the officers on bias based policing and do more to address vehicle and pedestrian safety.

“Number two was to assign more resources to assist those with substance abuse issues, number three was to assign more resources to assist youth and number four was to engage more with the community,” he reported.

Heubusch said he is especially pleased with the fact that a focus group of minority residents has been established and will continue to meet on a regular basis.

“We had one meeting and it was extremely productive, and we are committed to continuing (open dialogue), he said, noting that several members of the minority community were part of the 28-member advisory group.

He said the committee learned about policies, procedures and training, including use of force, bias based policing, basic course for police, Article 35, body worn cameras and de-escalation training.

“With Article 35, once we placed someone under arrest, they can’t resist,” Heubusch said. “It was actually kind of an eye-opening moment for us. Several people in the group didn’t realize that when a police officer says you’re under arrest, that was it.”

Heubusch outlined other areas that the agency plans to begin or re-emphasize:

• Trainings such as implicit bias and de-escalation, as well as mental health and crisis intervention.

“We plan to collaborate more with Genesee County Mental Health and there also is a larger discussion with other law enforcement agencies for some type of response service,” he said.

• Community Engagement/Community Policing, including more foot and bicycle patrols, and establishing a community liaison service.

• Transparency/data sharing, specifically posting Department of Criminal Justice reports on the city’s website and starting a Crime Watch program on social media to “get information out in a much smoother fashion than our current website.”

• Accreditation, with the hope of initial accreditation later this year and then reaccreditation every three to five years.

• Civil Service reform, with the goal of revamping a system that Heubusch said is antiquated.

“It doesn’t allow you to hire the best candidate at times, unfortunately,” he said, adding that there is a discussion across the state to reform the Civil Service hiring process. He added that the department is committed to hiring local candidates.

• Special programs: specifically contracting with the Batavia City School District for a school resource officer; having a DARE (Drug Abuse Resistance Education) officer in schools; starting a citizens’ police academy and an officer wellness program.

Heubusch said it is a priority to continue to participate in National Night Out and as many other city and private outreach events as possible.

If you’re looking to see the value in the Batavia Development Corporation, look no further than what was accomplished through the Eli Fish Brewing Company and Newberry Lofts project that rejuvenated the former JJ Newberry building at 109-111 Main St.

That’s was the centerpiece of a PowerPoint presentation by Andrew Maguire, director of economic development for the city-supported agency, during Monday night’s City Council Conference meeting.

Maguire said his mission was to highlight the BDC’s “history of success through various programs and the economic impact they carry, current projects the BDC is working on in the city and future goals and continued economic development.”

Regarding the Eli Fish venture, Maguire called it a “transformative” project and outlined the ways the BDC played a part in its success:

• Built in 1881, it was the original home of JJ Newberry’s store for more than 60 years. Its assessed value in 2015 was $250,000;
• Vacant for several years, it needed substantial rehabilitation;
• It was purchased in 2015 with the goal to rehabilitate the building and create a brewery, restaurant and seven market-rate residential apartments on the upper floors;
• The BDC secured a $500,000 NY Main Street Anchor Grant for the proposed project and sought other funding sources, including a $100,000 National Grid grant and then secured a $67,835 USDA Rural Business Development Grant for a project inside of this project.

“It was a first of its kind in our area – two restaurant incubators inside of brewery, coined FreshLabs, which offered cooking competition to entrepreneurs and the two winners receiving a grant, loan and incubator space inside the Eli Fish brewery to help them start their business,” Maguire said.

He reported that the project – which turned out costing more than $2 million – began in 2016 after all of the funding was secured, and that the BDC played a “critical role in project setup, capital stack (funding), and project and grant administration to see the project through to completion.”

As a result, the project was completed in 2018 and features a brewery, three restaurants and four market-rate apartments created in the vacant, historic building.

Maguire said the proof of the project’s worth is in the increase of the assessed value to $987,000, while sales tax has increased, tourism has been generated and more than 30 jobs have been created.

The Eli Fish project is one of several being facilitated by the BDC through the NY Main Street Grant, Downtown Revitalization Initiative Building Improvement Fund and Downtown Revitalization Grant, Maguire said.

He revealed a chart showing 28 projects received $11.3 million in grants but generated $54.4 million in private investment. Included are 103 residential units and 96 commercial units.

Maguire said the BDC continues to pursue other grants, such as the revolving loan fund grant, National Grid grants and USDA Rural Development Block grants, and also have attracted NYS Empire State Development Restore New York and Brownfield Opportunity Area Study grants.

These projects have increased the assessed value of the parcels by $5.79 million, Maguire reported, and noted that the Main Street Theater 56 project will generate more than $44,000 of annual rent revenue after moving into underutilized vacant parcels from the City of Batavia.

“These projects and programs create a vibrant city people want to work in, live in and play in,” he said. “… The results we have obtained and the future goals we shall obtain will carry a positive impact on our city’s quality of life for generations to come. It is critical that we do not lose sight of this and we continue to have boots on the ground to help these projects from the starting line to the finish line and continue this process for years to come.”

Afterward, Council Member Rose Mary Christian asked Maguire about the status of the Ellicott Station DRI project on the former Soccio & Della Penna and Santy’s Tire Sales property on Ellicott Street.

He said the developer, Savarino Companies, is “poised to close by the end of this quarter (March) … and plan on construction starting in early spring 2021.”

Christian praised V.J. Gautieri Constructors for their work on renovating the Save-A-Lot building across the street, but called the condition of Ellicott Station “deplorable.”