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Going on for nearly a year now, COVID-19 has created a dilemma for downtown business traffic in Batavia. But better days are ahead, according to Beth Kemp, executive director of the city’s Business Improvement District.

Kemp, speaking at Monday night’s City Council Conference meeting, reported that one of the BID’s biggest projects is nearing completion.

“We continue to work with Spectrum Charter on bringing free Wi-Fi to the entire BID area,” Kemp said. “We have had several stakeholder meetings over the last year, bringing all of the property owners that will be working with Spectrum on essentially allowing them access to their buildings.”

Kemp said the BID has moved to the implementation phase of installing and connecting of all the nodes in the downtown area to activate the Wi-Fi.

“Unfortunately, due to COVID-19 that has been put on hold until the end of February. Several engineers come from out of state so we have a tentative date to move forward on that,” she said.

Kemp explained that the new Wi-Fi network will feature multiple channel controls – actually five per the agreement with Spectrum.

“One of those channels is designated for the free Wi-Fi downtown and we will have time restrictions,” she said. “So, each will have a maximum of four hours per day to use the Wi-Fi. Certainly, a perk for all residents and visitors here.”

She said that additional channels could be utilized by the City of Batavia Police Department or emergency personnel.

“The BID is also interested in using one of those dedicated channels for possible music downtown,” Kemp said, adding that officials are looking at wireless speaker systems to attach to the light poles. “(Music) would bring a positive vibe.”

Other projects planned for 2021 include:

• Updated banners and signage, including those that go on the downtown light poles;
• Snowflakes to go on light poles that are showing their age;
• Hanging baskets and flowers for baskets;
• Fall decorations such as cornstalks, pumpkins and hay bales as well as garland options for light poles around the holidays.

Kemp said the BID’s marketing plan will include free advertising opportunities for small businesses, commercials, print advertising, social media assistance and radio opportunities – either at a discounted rate or free to small businesses.

She said that the agency looks to promote Tasty Tuesdays once again to support restaurant takeout orders, and the Downtown Bingo initiative featuring giveaways for participants who complete their boards.

On the events side, she said the BID seeks to continue the scarecrow and wreath contests, and Shop Small Saturday following Thanksgiving.

Batavia City Council members called out the Batavia City School District over the timing and the focus of the My Brother’s Keeper initiative on Monday night -- following a somewhat strained 25-minute discussion – before approving a resolution to support the program designed to enhance educational and vocational opportunities for boys and young men of color.

“What have we been doing for five years if we knew this and why haven’t we been helping these children five years ago?” asked Council President Eugene Jankowski Jr. during the board’s Conference Meeting at City Hall Council Board Room.

Jankowski was referring to the My Brother’s Keeper program introduced by former President Barack Obama about six years ago.

“If I remember correctly, President Obama brought this to light in 2014-2015 and New York State adopted it in 2016, and now you’re telling me the studies already show that we have youth in our own community that are identified as having concerns or troubles, and they’re not at the same level?” Jankowski said.

“What are we doing in the school system right now to help these kids – persons of color or others that may need it – and why are we waiting a week before the deadline and trying to force this through without public input when we knew about this in 2016 since this grant was out there?”

Jankowski said his concerns centered upon the amount of money the city would be required to support the initiative through mentorships and homework assistance at the Liberty Center for Youth afterschool program and if it was really necessary since the school district is responsible for educating its pupils.

“How did we drop the ball on this especially, although it’s not your concern, (since) I get complaints from people all the time about why their taxes are so high and the school taxes are a major part of it,” he said. “And they’re expecting a service for the children of our community and I’m a little upset that we’ve not done anything for five years for these kids.”

Christian: What About Girls, Other Students?

Prior to Jankowski’s observations, Council Member Rose Mary Christian objected to the program’s targeted focus on boys and young men of color.

“How come girls aren’t included in this and all students?” she asked, directing her query to Julia Rogers, assistant principal at Batavia High School, who was in attendance. “You’re singling out a group.”

Rogers said the program is based on data that shows that students of color – children, young men – do not have the same opportunities as other groups.

“It would be one of those programs that is focused for students of color but a lot of the ideology … for instance, the mentorship – we would be continuing with other students,” she said. “My Brother’s Keeper is a program that is offered through many districts, and basically, it shows a partnership to help these students in Batavia.

"Our numbers in the UPK (Universal Pre-Kindergarten) program are low for students of color. And to work with families from birth to school age to encourage that education and teaching how to educate your children at home. There are a lot of components to that mentorship.”

Rogers said services would be provided throughout students’ school years and could “lead to educational opportunities at the college level and also to business opportunities.”

“So, it’s basically bridging that gap – interagency possibility – for students to have opportunities,” she added.

While acknowledging Christian’s viewpoint, Rogers said that “in reality, those students are the ones who are having difficulties, and there are major gaps for those students.”

“So, what we’re looking for is to have this program and to be able to bridge from it so that our students in all aspects of school … can have a better opportunity.”

Christian wasn’t persuaded, however.

“You’re going to allow anyone to participate because if not, I find it discriminating and it bothers me,” she said. “I’m not a racist person by no means, and this bothers me. So, otherwise, I am going call tomorrow to the Civil Liberties (Union) because I want to make sure that there’s nothing that anyone is denounced in here for any person.”

Tabelski: Municipal Support Required

Interim City Manager Rachael Tabelski proposed the city join forces with the school district in a memo dated Jan. 22, and emphasized that the grant had to be submitted by the end of this month. That’s why it was on the agenda of both the Conference and Special Business meeting that followed last night.

She said that the district obtaining a municipal partner was one of the requirements set forth by the New York State Education Department.

“The program, from my understanding of it … is to support residents of color from birth to graduation of high school to achieve better outcomes through mentorship, through community involvement, through college preparation and all other aspects,” Tabelski said. “It is a targeted program; it’s new for Batavia. I don’t believe we ever had this before and we’re asking that the city sign on and say, ‘Yes, we support this and we think it’s a good idea.’ ”

Tabelski said that the city’s commitment would include advertising on its bulletin boards, introducing students to other community groups they might need to partner with, providing opportunities for students to meet with mentors at the Liberty Center for Youth and providing the homework assistance “that we do at our free afterschool program when it is running at Liberty Center for Youth.”

She also revealed that initial talks about the grant were between the school district and the Genesee County Youth Bureau.

“There was once a conversation with folks from the County Youth Bureau and the youth director. I came in last minute, so forgive me. I’m just trying to help them move this through,” she said. “But originally the plan was to partnership mainly with the county-run programs – the Youth Court and the Youth Leadership program … and to let them know that the city – we do direct programming, we don’t actually run those programs although we participate.”

Tabelski said the agreement was amended to highlight the city’s potential involvement.

“I am the one who suggested that these programs would be something that we would be willing – the City as we move forward, depending on COVID, depending on budget, depending on staffing -- to partner and to allow that center to be a place where the mentors and mentees, and homework can continue to happen.”

Bialkowski: Who Will Provide Homework Help?

Council Member Robert Bialkowski, citing the city’s role in the partnership that includes providing homework assistance, asked who would be providing this service.

Tabelski responded that the city already does this at the Liberty Center for Youth.

“So, whether we contract with the contracting agency in the (proposed) RFP (request for proposal) or we have our own city staff there, it’s already going on. It’s a continuation of what we already are doing,” she said.

Bialkowski then mentioned that city youth services are on hold at this point, and suggested language in the contract that shielded the city from financial obligations if the money wasn’t there.

“We could certainly add that language in there,” Tabelski said, but City Attorney George Van Nest disagreed, saying he didn’t think it was necessary because any private sector agency (or an entity such as a school district) would be subject to any government restrictions in place.

Jankowski said he thought it was “odd” that the school district is the fiscal agent but was asking the city for in-kind support.

Rogers replied that the district already has a “multi-care system approach” to education and mentioned its “great graduation rates.”

“This is another program that we felt would assist us as a school district and as a community to bridge that gap and offer more opportunities to students,” she explained. “It is a program that helps bridge the gap and enhance and cultivate those educational, workforce opportunities for students.”

Jankowski: Why is This Being Pushed Through?

Jankowski noted the school’s budgetary shortfall and, again, questioned why this was “getting pushed through tonight and we haven’t even done our budget yet. We’re voting on this resolution to partner in a grant and these things might not be here.”

Council Member Al McGinnis called it an important issue and encouraged public input before voting to support it.

““We need public input on this. I don’t think we can proceed without having public input, and I’d like the language changed to say all children,” he said.

Again, Jankowski voiced his displeasure with the last-minute notification that put Council on the spot.

“The timing is the problem here,” he said. “We don’t even know what our budget is like. As far as supporting it and moral support … I’m comfortable with that part of it. I don’t know where we’re going to end up from here (with the budget). I don’t what them to apply for that grant and then something comes up beyond our control, and now we’re not able to meet our obligations.”

Council Member John Canale asked Tabelski if there would be any additional cost to the city once the youth center gets up and running. Tabelski said there wouldn’t, prompting Canale to urge his colleagues (Jeremy Karas and Paul Viele were absent) to vote to support it, contingent upon available funding.

That seemed to change Jankowski’s mind as he then commended the program’s priorities and benchmarks, while noting that “people of color” encompasses a larger group of people than just those of African-American descent.

Pacino: If We Can Help, Then Let's Help

Then Council Member Patti Pacino, a longtime educator, spoke in favor of the initiative.

“For all this time, before this came along, we take care of kids who come from families who are Muslim, kids that come from parents who only speak Spanish, kids that come from Black families that have no money. That’s all been going on,” she said. “Now, we can say wait, here’s another program that we can add to our programs.”

“Yes, this one belongs to Black young men that happens to be one where these kids are having problems and these kids are getting into trouble. That does not mean that other kids aren’t. It’s an expansion – one more great thing to do for kids. I’m all for saying we support it and we’ll come up with the money if we can come up with the money. It’s not that we’re taking it over, and it’s not that they haven’t been doing it.”

After Jankowski asked how many students would participate in the program (Rogers said she estimated around 100), Canale said this was an opportunity to “invest in our youth to improve our youth in Batavia -- some of these underprivileged, underserved youth that will stay in Batavia, (and) will be more productive community members as they become adults.”

The resolution was then moved to the Special Business meeting where Christian tried to proposed an amendment to include girls and any students of any color.

That was dismissed, however, due to the parameters of the My Brother’s Keeper initiative.

A vote to support the school district was taken with all Council members except Christian voting in favor of it. McGinnis said he was voting yes, “with reservations.”

In other action, Council:

• Forwarded resolutions concerning the 2021-22 budget ordinance and tax levy; establishment of new water rates, meter fees and capital improvement fees, and amendment of the Batavia Downtown Business Improvement District Plan to its Feb. 8 Business meeting, with expectations that public hearings for all these measures by scheduled for 7 p.m. Feb. 22.

Currently, the budget calls for a 1.38-percent increase in the property tax rate, from $9.59 to $9.73 per $1,000 of taxable assessed value, with a tax levy of $5,864,597.

A budget workshop took place following last night’s Business meeting and another is scheduled for 6 p.m. next Monday.

Water rates and quarterly meter service fees are projected to increase by 3.5 percent, with quarterly capital improvement fees increasing by 10 percent.

Amendments to the BID Plan focus on three capital projects in the pipeline for 2021-22 -- downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000) – and the amount of the BID’s assessment charge to its members.

• Set a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

Tabelski said the city is looking at obtaining grant funding for “several infrastructure projects,” specifically mentioning rehabilitative work at the fire station and bureau of maintenance, and a water line project.

• Appointed Lydia Schauf, a former city youth bureau employee, to the City Youth Board advisory group for a term extending through Dec. 31, 2023.

Stephen Hegel, 60, of High Street, Avon, (inset photo left) is charged with third-degree grand larceny and fourth-degree grand larceny. He was arrested and arraigned in Batavia City Court Jan. 19. It is alleged that he stole more than $10,000 in cash in three different incidents from his employer at the time, Turnbull Heating & Air Conditioning. He was put in Genesee County Jail (bail, if any, unspecified) and is due back in Batavia City Court on Feb. 23. The case was investigated by Batavia Police Officer Jason Ivison.

Maurice G. Leach, 44, of West Main Street, Batavia, (inset photo right) is charged with: burglary -- of a dwelling, causing injury; criminal mischief -- intentionally damaging property; third-degree criminal mischief -- damage to another person's property with a value greater than $250; second-degree harassment -- with physical contact; third-degree assault -- intentionally causing physical injury. Batavia police responded to a dwelling on West Main Street in the city at 3:25 a.m. Jan. 16 where it was reported that Leach punched and broke a window screen, entered the dwelling without permission, and allegedly assaulted a victim. After an investigation, he was arrested and it is alleged that he resisted the arrest. He was arraigned virutally in Batavia City Court and put in jail without bail. He is due back in court Feb. 18. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Kristen E. Sekuterski, 34, of Orleans Avenue, Batavia, (inset photo left) is charged with criminal possession of a controlled substance (unspecified) with intent to sell. She was arrested by Batavia police after an investigation with assistance from the Department of Homeland Security, NYS Police, and the Genesee County Sheriff's Office. Sekuterski was arraigned virtually in Batavia City Court and released on her own recognizance. She is due to return to city court on March 9. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Thomas James Leonard, 37, of Harvester Avenue, Batavia, is charged with criminal possession of a narcotic drug with intent to sell and criminal sale of a narcotic drug (unspecified). On Jan. 20, Leonard was arrested on a warrant. Due to bail reform, he was released under supervision of Genesee Justice and is due in Batavia City Court on March 23. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Alphonso R. Daniels III, 27, of Oneida Street, Rochester, is charged with: owning / harboring an unlicensed dog; having dangerous dogs -- bite causing serious physical injury; and dog running at large. Daniels was arrested on Jan. 17 after a traffic stop was conducted for an alleged traffic violation on Oak Street. He was found to have an arrest warrant out of Batavia Police Department stemming from at incident in the 500 block of East Main Street in Batavia at 9:39 p.m. Feb. 13. He was released with an appearance ticket for Batavia City Court and is due there Feb. 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Michael John Tobias, 30, of Maple Road, Alabama, is charged with driving while intoxicated with a BAC of .08 percent, DWI, and moving from lane unsafely. He was arrested after an investigation of a motor-vehicle accident that occurred at 11:42 p.m. Jan. 23 on Judge Road in Alabama. He was released on appearance tickets and is due in Alabama Town Court Feb. 23. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Nicholas Chamoun.

Daniel John Wolfe, 47, of Bank Street, Batavia, is charged with second-degree burglary and and two counts of second-degree criminal contempt. At 11:37 p.m. on Jan. 19, Wolfe was arrested on the charges. They stem from an incident Nov. 13 on Bank Street in Batavia. He is accused of violating an order of protection by entering the dwelling of a protected person at 4:25 p.m. that day. Wolfe was processed then taken to jail and arraigned in Batavia City Court and ordered held without bail. He is due back in city court on March 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Arick Perkins.

Michael A. Sweet, 34, of Bumbacker Road, Gainsville, is charged with unauthorized use of a motor vehicle. It is alleged that he took a vehicle and drove it without the owner's consent at 3 p.m. Jan. 5 on Walnut Street in Batavia and then failed to return it. He was taken to Batavia Police Department for processing and then released on an appearance ticket returnable to Batavia City Court on April 6. The case was handled by Batavia Police Officer Peter Flanagan.

Tevin A. Lise, 30, of North Park Street, Clyde, and Maurice D. Bishop, no age or address provided, are charged with unlawful possession or marijuana in the second degree. Additionally, Lise is charged with aggravated unlicensed operation in the second degree. They were arrested at 7:44 p.m. Jan. 12 on Ross Street in Batavia after a traffic stop. They were issued appearance tickets and are due in Batavia City Court on March 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Sean Wilson.

Janell M. Sauer, 45, of Gorski Street, Buffalo, is charged with petit larceny. She was arrested following an incident at 1:32 p.m. Jan. 16 on West Main Street in Batavia. It is alleged she shoplifted from a business. She was issued an appearance ticket and is due in Batavia City Court on April 13. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Joshua Girvin.

Jason A. Mcfollins, 43, of North Spruce Street, Batavia, was arrested on a bench warrant issued for failure to appear in court on June 25 (reason unspecified) after turning himself in at Batavia Police Headquarters. He was issued an appearance ticket and is due in Batavia City Court on Jan. 27. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Miah Stevens.

Press release:

Genesee and Orleans counties continue to work diligently to distribute the limited supply of vaccine received in their continued response to the COVID-19 pandemic.

“We were hoping to receive 2,500 doses of the vaccine between Genesee and Orleans counties but were made aware that is not going to occur because of the statewide shortage,” said Paul Pettit, director of the Genesee and Orleans County Health Departments.

“We realize that those who hoped to schedule appointments this week are going to be very upset as well and we are disappointed to have to give them this news.”

The state(wide) allocations were the same as the week before (250,000), the county health departments (Genesee and Orleans) are only receiving 300 doses total between the two this week, which will be utilized for 1B essential workers per the state’s directive.

Those over age 65 should continue to seek vaccine from their providers, pharmacies and the state sites. Appointments for vaccine are currently online ONLY.

Last week the county-run clinics were able administer approximately 1,050 doses.

“At GCC on Friday alone, we were able to administer approximately 550 doses of the vaccine in a seamless fashion. On average, people got theirshots and were able to leave the testing sites within 20 minutes,” said Matt Landers, Genesee County manager.

“As a result of our experience inoperating the COVID19 testing sites, our workforce and community volunteers have been able to replicate this into a smooth operation at the vaccination siteswhen vaccine supplies are readily available.”

We ask those who are 65 and older, part of Priority Group 1B, to continue to check the clinic schedules and as requested by the state, to use the pharmacy links. Pharmacies and other sites that are part of the “retail network” are workingto provide vaccine to the 65 and older population as they receive vaccine.

Update: Jan,. 25, 2 p.m.

Please be advised that Batavia City Council will be holding the 2021/22 budget work sessions on the following dates:

Monday, Jan. 25, 7 p.m. -- Conference Council Meeting, Special Business Meeting &  Budget Work Session (Department of Public Works)

Monday, Feb.  1, 6 p.m. -- Budget Work Session (General Gov’t, General Admin Services, Fire & Police)

Wed., Feb. 3, 7 p.m. --If needed – 3^rd Budget Work Session

Monday, Feb. 8, 7 p.m. --- Business meeting, introduce budget ordinance

Monday, Feb 22, 7 p.m. -- Conference Meeting, (Last opportunity to make budget amendments)

Monday, Mar 8, 7 p.m. -- Adopt Budget and Related Resolutions.

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The process of achieving a 2021-22 spending plan for the City of Batavia is expected to move forward on Monday night with the introduction of resolutions to schedule public hearings on the budget ordinance and establishment of new water rates, meter fees and capital improvement fees.

City Council is scheduled to meet in Conference and Business sessions at 7:30 p.m. Monday at the City Hall Council Board Room.

In a memo to City Council dated Jan. 14, Interim Manager Rachael Tabelski indicated that public hearings are necessary prior to any execution.

Tabelski is proposing that the budget and water rates resolutions, along with a third resolution dealing with amendments to the Business Improvement District Plan, be considered at Council’s Feb. 8 Business Meeting and that public hearings be set for 7 p.m. Feb. 22 – the date of Council’s next Conference Meeting.

Earlier this month, Tabelski proposed a 2021-22 tentative budget – a $27.7 million all-funds spending plan – that calls for a 1.38-percent increase in the property tax rate (from $9.59 to $9.73 per $1,000 of taxable assessed value). According to a resolution on the table for 2021-22, the amount to be raised by taxes is $5,864,597.

Tabelski has said that a combination of revenue losses due to COVID-19 and decreased sales tax and state aid have resulted in a $1.2 million gap compared to the previous fiscal year.

In the area of water and meter fees, the resolution introduces a local law to establish new rates, with water rates and quarterly meter service fees going up by 3.5 percent and quarterly capital improvement fees increasing by 10 percent.

Changes to the BID Plan, outlined in red in Council’s packet of information, indicated that the BID has about $260,000 in its capital infrastructure fund to be used for capital projects. Three such projects earmarked for 2021-22 are downtown marketing banners ($9,000), downtown music equipment ($30,000) and downtown Christmas decorations ($38,000).

Other amendments show that the BID’s district assessment charge (a revenue source) – excluding debt service – can’t exceed 20 percent of the total general municipal taxes levied in a year against the taxable property in the BID. Thus, it is currently estimated that that figure is $58,000, and the BID’s assessment is estimated at $1.810873 per $1,000 of assessed value.

Other items of note on this Monday’s Conference Meeting agenda:

• Review of the draft report presented by the City of Batavia Police Collaboration Advisory Stakeholder Group, which has met several times in accordance with Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

Tabelski is suggesting that Council look over the plan and issue it for public comment, and then move it forward to the March 8 Business Meeting where she and Police Chief Shawn Heubusch will review the public comments with Council, prior to the board adopting the plan and sending a certified copy to the New York State Office of Management and Budget.

• A request by the City of Batavia School District for the City to support the district’s application for funding that the My Brother’s Keeper Initiative, a NYS Education grant program.

In a memo dated Jan. 22, Tabelski wrote that the partnership is designed “to increase the academic achievement and college and career readiness of boys and young men of color.”

The memo indicates that the City will support the program, provide “parent engagement and education, mentorship, college and career pathways, and other evidence-based strategies,” provide display space on bulletin boards and brochure racks, provide ADA-accessible public meeting room space, provide mentors at the City’s Liberty Center for Youth afterschool program, and provide homework assistance at the Liberty Center for Youth.

• A resolution to schedule a public hearing for 7 p.m. Feb. 8 to apply for a 2020 New York State Community Development Block Grant through the state Office of Homes and Community Renewal. Applications are due by March 5 for public infrastructure, public facilities and planning.

In a memo dated Jan. 22, Tabelski explained that proposals must meet at least one of two national objectives – at least 51 percent of the persons who would benefit from implementation of the plan are low- or moderate-income persons or the plan addresses a slum or blighted area in the community.

She wrote that the City is reviewing possible projects that align with its strategic plan, primarily infrastructure ventures related to water, wastewater and facilities.

Tabelski is suggesting that both the My Brother’s Keeper and the CDBG resolutions be moved to the Business Meeting this Monday night due to timing issues.

Nathan P. Rich, 32, of Sherman Court, Atlanta, Ill., is charged with second-degree strangulation. He was arrested after a domestic incident that occurred at 7:40 a.m. Jan. 6 on South Swan Street in Batavia. It is alleged that Rich put his hands around the victim's throat and applied pressure, causing stupor in the victim. He was taken to Genesee County Jail and processed, then virtually arraigned in Batavia City Court. He was put in jail on $10,000 bail, $20,000 bond, or $40,000 partially secured bond. The case was handed by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Erica Lynn Frith, 37, of Gateway Drive, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated; leaving the scene of a property damage accident; moving from lane unsafely; and violating the conditions of a restricted driver's license. Frith was arrested after an investigation into a property damage accident that occurred at 1:26 p.m. Jan. 10 on South Main Street in Batavia. It is alleged the defendant was driving in a westerly direction on South Main Street when her vehicle struck a parked City of Batavia Police car. She is accused of then leaving the scene. She was issued traffic tickets and is due in Batavia City Court on March 3. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Adam Tucker.

Wayne D. Potter, 37, no permanent address, was arrested on Jan. 12 and charged with criminal possession of a weapon in the third degree and second-degree menacing. He was arrested in connection to a disturbance that occurred at 1:30 p.m. Jan. 11 on Liberty Street in Batavia. It is alleged that Potter brandished a knife during the disturbance. He has previous felony convictions and was ordered put in jail wiothout bail after his arraignment in Batavia City Court. He is due to return to court Feb. 25. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Adam Tucker.

Alexandro Rodriguez, 24, of Dellinger Avenue, Batavia, is charged with: second-degree criminal contempt; second-degree burglary -- of a dwelling; second-degree harassment; and unlawful possession of marijuana in the second degree. At 1:29 a.m. on Jan. 13, Batavia police responded to Dellinger Avenue after being notified that Rodriguez was allegedly back at a residence of a victim who had been issued an order of protection against him the previous day. He was arraigned in Batavia City Court and put in Genesee County Jail on $1,000 cash bail, $2,000 bond, or $4,000 partially secured bond. He was due back in city court late in the morning of Jan. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

James F. Perry Sr., 35, of Central Avenue, Batavia, is charged with: acting in a manner injurious to a child less than 17 years old; disobeying a mandate ordered by a judge; aggravated family offense -- more than one offense within five years; and first-degree criminal contempt -- violation of an order of protection, with physical contact. Perry was arrested at United Memorial Medical Center at 12:52 p.m. Jan. 12 on a warrant out of Batavia City Court. The warrant stems from a domestic incident on Oct. 7 on State Street in Batavia. He was transported to jail and arraigned in city court, then put in jail on $1,000 bash bail, $2,000 bond, or $2,000 partially secured bond. He is due back in court on Feb. 18. The case was handed by Batavia Police Officer Miah Stevens, assisted by Officer Felicia DeGroot.

Jose Antonio Rivera, 34, of Swan Street, Batavia, is charged with second-degree criminal contempt and second-degree burglary. He was arrested Jan. 10 after an investigation into a domestic incident that occurred at 4:09 a.m. that day on Swan Street. It is alleged he violated an order of protection and burglarized a house. He was arraigned in Batavia City Court and put in Genesee County Jail with bail (unspecified). He is due back in court on Feb. 17. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Austin Hedges.

Michael Robert Price, 35, of Pearl Street Road, Batavia, is charged with fourth-degree criminal mischief. On Jan. 13, Batavia Police Officer Peter Post arrested Price after a domestic incident at 8:50 p.m. in which it is alleged Price damaged a victim's property during an argument. He was arraigned in Batavia City Court and an order of protection was issued for the victim. He was then released on his own recognizance. Price is due back in city court on March 4.

Paula G. Pierce, 28, of State Street, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 6:39 p.m. on Jan. 14 after an investigation of an incident in which it is alleged that Pierce intentionally damaged the property of another person during an argument. She was released from custody with an appearance ticket to be in Batavia City Court on March 23. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Peter Post.

Michael James Denning, 38, of Owens Road, Brockport, is charged with third-degree criminal mischief, fourth-degree criminal mischief, and endangering the welfare of a child. He was arrested at a residence on Leroy Street in the Village of Bergen after the investigation of a physical domestic incident reported at 8:09 p.m. on Jan. 14. It is alleged that he broke a female's $700 cell phone while she attempted to call 9-1-1. This allegedly occurred in the presence of a 4-year-old child. He was arraigned in Genesee County Court on Jan. 15 and a stay away order of protection was issued for the victim. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Jamie Lee Broadbent, 38, of Hutchins Street, Batavia, is charged with petit larceny and endangering the welfare of a child. Broadbent was arrested after a shoplifting complaint was made at a store on Veterans Memorial Drive in Batavia at 3:55 p.m. on Jan. 17. It is alleged that Broadbent stole property and passed all points of purchase without paying. The defendant allegedly did this while in the presence of a juvenile. Broadbent was released with an appearance ticket to be in Town of Batavia Court on March 4. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Charles J. Rodriguez, 44, of West Main Street, Batavia, is charged with third-degree bail jumping. Batavia Police Officer Peter Post arrested Rodriguez after the defendant allegedly missed several appearances in Batavia City Court. After his arraignment, Rodriguez was released under supervision of Genesee Justice. He is due back in court Feb. 25. Batavia Police Officer John Gombos assisted Post in the case.

The Batavia City School District is asking families to make a final selection of which learning model — in-person hybrid or 100-percent remote — they want for their children in preparation for the start of the second semester of the 2020–21 academic year amid the COVID-19 pandemic.

In a Jan. 13 statement from the district, Superintendent of Schools Anibal Soler Jr. requested that families submit changes to their students’ learning modalities by Jan. 22. He said that this deadline will afford the district enough time to make adjustments to academic programming and transportation services before the semester begins Feb. 1.

“It may not change our numbers a lot, but at least we know moving forward that that is the final in-person hybrid and the final remote rosters that principals could use to kind of lock in the rest of their year,” Soler said at Monday night’s Board of Education meeting.

Families that would like to select a different learning method for the semester should complete the second semester Learning Model Form for each child in their household who seeks the change. Requests for changes can also be made via phone call to students’ respective schools. Those who do not want to modify their students’ academic format do not need to take action.

This survey process aims to strengthen the teacher-student experience for both in-person hybrid learners and remote learning students. The statement said that this learning model selection will allow teachers and administrators to plan more effectively for a stable end to “a difficult and fluid” school year.

“We don't want to burn out our teachers because they've already flip-flopped so much in the way that they teach,” Board Member Tanni Bromley said. “So if they can have a consistent roster, it would be easier for them to decide how they're going to move forward.”

The district’s in-person hybrid students shift between receiving face-to-face and at-home online instruction based on the cohort they are in. All remote-only learners complete their classes entirely in a virtual setting. Board members said at Monday’s meeting that some families have switched between these models multiple times throughout the first semester.

“Consistency for the student is probably best, too, in that if a parent chooses one, then it would be best to kind of ride that out,” Board Member Shawna Murphy said. “Get them through this year and hopefully we won't even be dealing with this next year. But the flip-flopping for the kid isn't good either.”

As of Jan. 15, BCSD reported that 92 individuals, on or off campus, among its students, teachers and staff members are currently testing positive for COVID-19. The district’s statement noted that it may need to transition to 100-percent virtual instruction for all students if an issue related to COVID-19 arises during the second semester. 

BCSD previously switched to fully remote instruction from Dec. 7, 2020 to Jan. 4, 2021 because of staffing shortages related to a rise in positive COVID-19 cases among its students, teachers and staff, and throughout Genesee County. An influx of family requests to move children from hybrid to remote learning was cited as a challenge the district faced in the days leading up to this switch.

“All of our teachers are feeling burned out,” Soler said. “I mean it is tough to navigate this virtual and remote, and it's just a harder year. So our teachers are working like maniacs. They're planning. They're trying to prepare.”

Changes to instruction methods will take effect Feb. 1 and remain in place for the duration of the school year. However, according to the statement, a student’s school may contact parents and guardians at any time during the semester to suggest a modification to the child’s learning format to accommodate their academic needs.

In terms of exceptions to learning model commitments, Soler said he wants families to understand “that if there's a situation that comes about, that they would need to go through their principal first, prior to seeking approval to change, but that only extreme extenuating circumstances would be considered.”

A mandatory quarantine period does not alter the second semester learning method of an in-person hybrid student who tests positive for COVID-19 or has been in close contact with someone who receives a positive test result.

“If that child is quarantined, then he has to go out,” Board Member John Reigle said. “If they test positive, they're out for a certain period. But that person committed to in-person [instruction]. Once they're cleared, they can come back.”

Board members expressed optimism at Monday’s meeting about the sense of normalcy and ease of mind that the second semester learning model selection can potentially bring to everyone.

“To kind of know what's going to be happening for the rest of the school year in February, I think that's a good thing because it's kind of getting back to normal,” Murphy said. “Regardless of what you choose, it's going to stay the same.”

The next board meeting will be livestreamed at 6:30 p.m. Jan. 25 on the school district’s Board of Education YouTube channel.

In the coming weeks, Batavia City Council members will engage in a review process to finalize the city’s 2021–22 budget based on Interim City Manager Rachael Tabelski’s recommended cutbacks to municipal services amid COVID-19 financial challenges.

At Monday night’s City Council business meeting, Tabelski presented a proposed pathway to economic recovery that summarized city revenues and expenses. She said that despite her pride in generating a financially sound budget, it was difficult to put together a fiscal plan because of income losses related to pandemic shutdowns and the subsequent economic downturn.

“I can honestly say that none of us like this budget,” she said. “The restraints and restrictions forced upon us by reduced revenue and state aid will not allow the city to operate as business as usual. There are services that will need to be reduced or cut altogether if we are to achieve a budget within the tax cap.”

She said city budget shortfalls have been compounded by a projected 20-percent decrease -- $350,000 -- in aid and incentives for municipalities. State and federal relief measures have focused on providing businesses with loans and grants, and individuals with stimulus checks, unemployment benefits and eviction and foreclosure moratoriums.

“Within the latest stimulus bill that was passed, there was yet no aid to local governments,” she said. “There is potential for local government funding relief with the new administration, but at this time there are no guarantees and it is not reflected in the fiscal ’21–’22 budget.”

Resident service scalebacks include reduced staffing levels at the local police and fire departments, community policing, arts funding, academic development, special police details and community events. Administrative services, public works and government personnel expenditures will also experience significant cost reductions.

“Restorations of these services will ultimately depend on the economic recovery of the nation as a whole or re-examining priority services for the city,” Tabelski said.

Though cuts and hiring freezes have occurred across departments, increases in city employee wages and expenses, like Social Security and retirement costs, will leave a $1.2 million gap between revenue and expenditures in comparison to the previous fiscal year.

The prospective budget includes the layoff of an ordinance enforcement officer, a retirement incentive for a police officer and several unfilled jobs. Tabelski said the city remains committed to investment in workers compensation and health insurance, budgeted at $294,000 and $2.6 million, respectively.

The property tax rate increase is slated to be 1.38 percent, which would change the rate from $9.59 to $9.73 per $1,000 of taxable assessed value. This year, the city saw a $175,000 decrease in sales tax — its largest single source of annual revenue — and a general fund decline of approximately $800,000.

“The current conditions in the general fund are unsustainable,” Tabelski said. “Future budgets will depend on the ability of the economy ... to recover lost state aid, for us to find sources of revenue.”

Tabelski said the city should become less dependent on the fund balance, reserves and water fund revenue in budgets going forward. She suggested to council members that renovations to commercial and residential properties throughout the community could serve as valuable income streams.

“Despite these difficult economic times, the City of Batavia continues to see investment and economic development in terms of construction and building improvements,” she said. “There are many active developers looking at our city for market-rate housing projects that will draw new small businesses downtown.”

The interim city manager praised Batavia government leaders for their efforts and expressed confidence in their planning to deliver the services that city residents and employees require.

“I anticipate that our budget work sessions to follow will be extremely detailed and filled with proactive conversations so the city can achieve the budget that meets the needs of the organization, the employees and our residents,” she said.

In other action, City Council:

• Endorsed a Batavia Business Improvement District application to the 2020 New York Main Street Anchor Grant for a multipurpose events and entertainment space. If awarded the state grant for up to $500,000, the funding would be used to renovate the external façade and interior of the Batavia Showtime movie theater at 6 Alva Place.

• Approved a resolution that authorized Council President Eugene Jankowski Jr. to sign the amended Dwyer Stadium leasing agreement. This is a five-year agreement in which the Batavia Regional Recreation Corporation will lease the stadium to CAN-USA Sports LLC. 

• Heard from City Attorney George Van Nest that local code enforcement deadlines are being delayed by the state legislature’s COVID-19 Emergency Eviction and Foreclosure Prevention Act. The act extends New York’s eviction moratorium until May 1 for tenants who have endured pandemic-related hardship.

The first budget work session will be held after the council’s next conference meeting at 7 p.m. Jan. 25 in the Council Board Room on the second floor of City Hall, followed by a second session Feb. 1.

Donna Hartman is indicted for the crime of second-degree identity theft, a Class E felony. It is alleged that on July 6 in the Town of Dalton, Livingston County, that Hartman knowingly and intentionally assumed the identity of another person in order to benefit herself monetarily in an amount exceeding $500. It is alleged in the first count that she presented herself to Livingston County Ambulance staff as a person residing on Fargo Road in Stafford, resulting in an ambulance bill for $835 to be sent to the victim. In count two, she is accused of the same crime at Noyes Memorial Hospital, resulting in a bill for hospital service to be sent to the same victim for $732.65. In counts three and four, Hartman is accused of falsifying business records in the first degree, also a Class E felony, for her actions to cause ambulance service records and also hospital business records to reflect false information regarding her name and address.

Jorge L. Rodriguez is indicted for the crime of second-degree criminal mischief, a Class D felony. It is alleged that on Aug. 22 on the Thruway that he intentionally damaged property belonging to another person -- a 2017 Chevrolet -- in an amount exceeding $1,500. In count two, Rodriguez is accused of second-degree reckless endangerment. It is alleged that he drove recklessly that day, in a manner that created substantial risk of serious physical injury. He is accused in count two of purposely ramming his vehicle into the victim's vehicle while another victim was standing between the two vehicles.

Amanda M. Webb is indicted for the crime of criminal mischief in the third degree, a Class E felony. It is alleged that on Nov. 1 in the City of Batavia that Webb intentionally damaged property belonging to another person -- a 2009 Chevrolet -- in an amount exceeding $250. In count two she is accused of second-degree harassment. It is alleged in count two that Webb, with intent to harass, annoy or alarm another person, struck, shoved, kicked or otherwise subjected a victim to physical contact or threatened to do so.

Lawrence D. Williams is indicted for the crime of criminal possession of a forged instrument in the first degree, a Class C felony. It is alleged that on Oct. 4 while at Walmart in Batavia that he passed a counterfeit $100, knowing it was not real, with the intent to defraud.

Joshua G. Bachorski is indicted for second-degree burglary, a Class C violent felony. It is alleged that on Oct. 9 Bachorski knowingly entered or remained unlawfully in a dwelling on Pearl Street in the City of Batavia with the intent to commit a crime. In count two, he is accused of third-degree burglary, a Class D felony, for likewise entering an outbuilding at the same address on that date with the same intention. In count three, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing a lawnmower owned by the victim.

Taylor K. Laird is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on May 28 in the City of Batavia that she drove a 2002 Dodge on Pearl Street while having a BAC of .08 percent or more, and while a child age 15 or less was a passenger. In count two, Laird is accused of aggravated DWI, a Class E felony, while a child age 15 or less was a passenger. In count three, Laird is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for driving that day while her license was suspended or revoked by authorities, and while she was under the influence of alcohol or a drug.

Chad M. Putney is indicted for the crime of driving while intoxicated, as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Putney drove a 2008 Ford on Route 5 while he was intoxicated. In count two, he is accused of DWI, per se, as a misdemeanor, for having a BAC of .08 percent or more at the time. In count three, he is accused of aggravated unlicensed operation in the first degree, a Class E felony, for having in effect three or more suspensions at the the time, imposed on at least three separate dates: Feb. 3, 2018; Dec. 8, 2018; and July 15, 2019 for failure to answer, appear or pay a fine.

Chad Michael Johnston, 34, of Washington Avenue, Batavia, is charged with criminal possession of a controlled substance in the fourth degree -- a stimulant. At 1:07 a.m. on Jan. 14 Johnston was arrested. He was observed by Genesee County Emergency dispatchers in the vestibule of the Sheriff's Office on Park Road in Batavia. While there, he was allegedly observed on video footage using a lighter in the corner. Upon further investigation, he was allegedly found in possession of seven baggies of crack cocaine. It was also found that Johnston allegedly used the lighter to light a glass pipe to smoke the crack cocaine while inside the vestibule. He was held in county jail and arraigned at 9 o'clock the same morning in Batavia City Court. Bail, if any, or status not provided. The case was handled by Deputy Jacob Gauthier, assisted by Sheriff James Stack.

Tawnya L. Muscato, 30, no address provided, of Batavia, is charged with: driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and speeding. She was arrested by the Wyoming County Sheriff's Office after a traffic stop on Route 98 at School Street in the Town of Sheldon on Dec. 27. Moscato was stopped for allegedly speeding -- driving at 56 mph in a 35-mph zone -- on Route 20A. During the traffic stop she was allegedly found to possess five bags of suspected fentanyl and multiple pieces of drug use and packaging paraphernalia. In addition, she allegedly performed poorly on roadside sobriety testing and was taken to the Wyoming County Sheriff's Office for processing. While there, a Drug Recognition Expert from Warsaw Police Department evaluated her and allegedly determined Moscato was impaired by drugs and unable to drive a vehicle safely. She was released to a sober third party after being issued appearance tickets to be in Town of Sheldon Court Jan. 11. The case was handled by Sgt. Colin Reagan.

Judy Kaye Ward, 69, of East Park Road, Albion, is charged with criminal trespass. On Jan. 5 at 7:50 p.m. Genesee County Sheriff's Office was called to an address in the first block of Sunset Parkway in Oakfield for the report of a burglary. After an investigation, it was allegedly determined that the landlord of the property -- Ward -- entered the residence of the victim through a side door and remained unlawfully on the premises. She was arrested then released with an appearance ticket to be in Oakfield Town Court on Feb. 8. The case was handled by Deputy Kyle Tower, assisted by Deputy Erik Andre.

Walter Bernard Hale Jr., 43, of West Main Street, Batavia, is charged with: felony driving while intoxicated -- with two previous convictions within 10 years; aggravated unlicensed operation in the first degree; use of a motor vehicle with an ignition interlock device; refusal to take a breath test; drinking alcohol in a motor vehicle while on a public highway; and having no front license plate. At 5:29 p.m. Jan. 9, Hale was arrested after a traffic stop on Ellicott Street Road in the Town of Pavilion. It is alleged that Hale drove a motor vehicle while under the influence of alcohol and while his driver's license was revoked. He was jailed without bail after arraignment in Pavilion Town Court and is due in Genesee County Court on Feb. 8. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Kenneth Quackenbush.

Mark L. Farley, 52, of Harvester Avenue, Batavia, is charged with: unlawful imprisonment; criminal obstruction of breathing; and criminal contempt in the first degree. He was arrested after a domestic incident at noon Dec. 31 on Harvester Avenue, arraigned in Batavia City Court, then put in Genesee County Jail with bail set at $1,000 cash or $2,500 bond or $5,000 partially secured bond. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Peter Post.

David N. Hanna, 44, no permanent address, Batavia, is charged with obstructing a government official and failure to obey a police officer. On Jan. 6 at about 2 a.m., Batavia Police Officer Nicole McGinnis noticed a vehicle in the area of Jackson and Center streets driven by a person allegedly exhibiting suspicious behavior. After some time, McGinnis approached the driver to investigate the possiblity of intoxication. Hanna reportedly immediately attempted to flee in his vehicle from the officer, but was stopped short of doing so when other officers arrived on scene. "Hanna was highly uncooperative with officers and refused to get out of his vehicle." Hanna was arrested, arraigned in Batavia City Court, then released on his own recognizance. He is due back in city court on Feb. 16. McGinnis was assisted by Officer Arick Perkins in the case.

John A. Cabrera, 53, of Mill Street, Batavia, is charged with criminal trespass and harassment. Batavia Police Officer Peter Post arrested Cabrera on Jan. 6 after the defendant allegedly pushed a person during an argument at 4:21 p.m. that day at a rooming house on Mill Street in Batavia. Cabrera was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court on Feb. 25. Post was assisted by Officer Christopher Lindsay.

Linda A. Styer, 34, of Clay Street, Batavia, is charged with second-degree harassment. She was arrested on Jan. 5 after she allegedly pushed a shopping cart into another person after an argument at 4:58 p.m. at a business on East Main Street in Batavia. She was issued an appearance ticket for Feb. 23 in Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson.

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree criminal contempt. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia after being observed at 3:50 p.m. New Year's Day at the residence of a person who has a stay away order of protection. The officers were investigating another incident at the time when they spotted Scheuerlein. He was arraigned in Batavia City Court and put in jail on $7,000 cash bail or $15,000 bond or $25,000 partially secured bond. He is due back in court Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Samuel Freeman. 

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree harassment. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia. It is alleged that on Dec. 18 he spit on a person during an argument at 10:55 p.m. He was processed, arraigned in Batavia City Court, released on his own recognizance but held on charges relating to a separate incident. He is due back in court on Feb. 4. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Samuel Freeman.

Kyle A. Scheuerlein, 28, of Overlook Drive, Batavia, is charged with second-degree criminal contempt and second-degree burglary. He was arrested on Jan. 1 at a lower apartment on Washington Avenue in the City of Batavia. It is alleged that on Dec. 19 at 12:25 a.m. that he was observed at the residence of a person who has a stay away order of protection. The officers were investigating another incident at the time. He was arraigned in Batavia City Court and put in jail on $7,000 cash bail or $15,000 bond or $25,000 partially secured bond. He is due back in court Feb. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Samuel Freeman. 

Jason William Whitehead, 23, of Shady Lane, Batavia, is charged with fourth-degree criminal mischief. He was arrested on Dec. 31 after an incident that occurred at 2:42 p.n. Dec. 30 on East Main Street in Batavia. It is alleged that Whitehead damaged another person's vehicle during an argument. He was issued an appearance ticket and is due in Batavia City Court on Feb. 16. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Samuel Freeman.

Randy K. Wilmet, 44, of Bank Street, Batavia, was arrested Jan. 1 on a bench warrant out of Batavia City Court for allegedly failing to appear in court Nov. 10 on a charge(s) from a previous arrest (unspecified). He was put in jail after arraignment and bail set at $5,000 cash, $10,000 bond or $20,000 partially secured bond. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Cassandra  M. D'arconte, 22, of Bank Street, Batavia, is charged with second-degree criminal contempt. She was arrested after the investigation of a violation of an order of protection that occurred at 2:14 a.m. on Dec. 31 on North Street in the City of Batavia. She was issued at appearance ticket and is due in Batavia City Court on Feb. 23. The case was handled by Batavia Police Officer Sean Wilson.

Justin Thomas Stimson, 33, Hartshorn Road, Batavia, is charged with criminal possession of a forged instrument in the second degree and offering a false instrument for filing in the first degree. On Jan. 8, after an investigation into the alleged fraudulent placement of several firearms on a pistol permit, Stimson was arrested. The incident allegedly occurred on Main Street in Batavia on June 22. Stimson was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court March 4. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Nicole Lee Cramer, 31, of Albany Street, Buffalo, is charged with petit larceny. At 10:02 a.m. on Jan. 6, Cramer was arrested on a warrant out of Town of Batavia Court for an incident reported at April 16 on Clinton Street in Batavia. She was taken to jail then arraigned in Genesee County Court. The case was handled by Genesee County Sheriff's Deputy Chad Cummings.

David Paul Haka, 57, of Bowerman Avenue, Scottsville, is charged with petit larceny. Batavia Police Officer Peter Post arrested Haka on a warrant out of Batavia City Court for an incident reported at 2:21 p.m. Sept. 28 on East Main Street in Batavia. Haka was arraigned in Batavia City Court then released on his own recognizance. He is due back in city court Feb. 24.

Frank James Morrocco, 64, of Grant Street, Batavia, is charged with petit larceny. He was arrested Jan. 4 on a warrant out of Batavia City Court. It is alleged that on March 14 that Morrocco stole merchandise from a business on West Main Street in the City of Batavia. He was arraigned in city court then released under supervision of Genesee Justice. He is due back in court on Feb. 25. The case was handled by Batavia Police Officer Christopher Lindsay.

Press release:

• Genesee County received 68 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, 80s and 90s.
• Sixty-six of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-six of the current positive individuals are hospitalized.
• Three of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation.
• Three of the new positive cases are residents at the Batavia VA Medical Center.
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia.

 

• Orleans County received 32 new positive cases of COVID-19.
• The new 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, and 70s.
• Six of the individuals were on mandatory quarantine prior to testing positive.
• Forty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Fourteen of the current positive individuals are hospitalized.

The Genesee County Legislature’s Ways & Means Committee has agreed to give Legislature Chair Rochelle Stein the authority to sign documents related to the COVID-19 pandemic that need prompt attention without prior formal consent of the full board.

At a meeting via Zoom videoconferencing on Wednesday, Stein referred to a memorandum of understanding from the New York State Health Department that “came very quickly (this week) and in order for Genesee County to receive COVID vaccine this had to be turned around immediately,” she said.

“This is actually on our agenda today as a ratification of my prior signature. This really helps the public health department to keep the process rolling so that Genesee County has the opportunity for that vaccine to be delivered here locally.”

Stein reasoned that while in the pandemic, the county must act quickly and prudently to support the health department.

“So, in consultation with our public health department and our county manager and the county attorney – once having all of their approvals to sign this MOU – I did provide my signature,” she said. “If there are other COVID-related agreements that need to be signed very quickly, such as this, I think that I would feel better as the chair having the weight of the rest of the legislature with me as I take that on.”

Therefore, she asked for the committee’s approval to sign these types of documents, only as they relate to COVID-19.

Committee members were in full agreement, with Ways & Means Chair Marianne Clattenburg noting that she believed Stein already had this authority during emergency situations.

“And she’s not going to sign anything where any funds are expended or anything like that,” Clattenburg added.

The recent MOU with the state DOH to ensure distribution and administration of the vaccine by the Genesee County Health Department was time sensitive, prompting County Attorney Kevin Earl to render an opinion “that under these exigent circumstances to obtain vaccine that is crucial to the health and welfare of Genesee County residents, the Chair could sign the MOU, subject to ratification and approval of the terms and conditions by the full Legislature.”

Legislators Gary Maha, Christian Yunker, John Deleo and Gregg Torrey spoke in favor of the request, with Torrey asking if a formal resolution was needed to put this plan into action.

At that point, Earl said he was first looking for a consensus and then will draft a resolution to be considered at the next full legislature meeting (on Jan. 13).

Legislator Gordon Dibble said he wanted to make sure that the legislature was informed in a “timely fashion” when these situations arise and Stein assured him that would be the case.

Clattenburg, speaking directly to Stein, said lawmakers have “total confidence in you and you’re doing a great job.”

“We want to thank you on behalf of all our citizens for the work that you are doing as the chair. This is something that I know you didn’t anticipate last January,” Clattenburg added.

Stein thanked legislators and county employees for pulling together during some trying times.

“We could not do this without a full team effort and everyone working on behalf of the citizens of Genesee County,” she said. “It really is amazing what you can do when you decide to work together.”

Press release:

• Genesee County received 59 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, 80s and 90s.
• Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-six of the positive individuals are hospitalized.
• Three of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation.
• One of the new positive cases is a resident at the Batavia VA Medical Center.
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia.

​

• Orleans County received 78 new positive cases of COVID-19. 
• The new 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 and 80s.
• Three of the individuals were on mandatory quarantine prior to testing positive.
• Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
• Fourteen of the current positive individuals are hospitalized.
• One of the new positive individuals is a resident of The Villages of Orleans Health and Rehab and one of the new positive individuals is a resident of Orchard Rehabilitation and Nursing Center.
• We removed one individual from yesterday’s total due to the person not being a resident of Orleans County.

The Batavia City Council on Monday night will be asked to consider a proposal from the owner/operator of the Elmira Pioneers, a team in the Perfect Game Collegiate Baseball League, to place a PGCBL club at Dwyer Stadium for the 2021 summer season.

Interim City Manager Rachael Tabelski this morning informed The Batavian that Robbie Nichols will make a presentation during Council’s Special Conference session to take place via Zoom videoconferencing at 7 p.m.

It will be followed by a Business Meeting where the board – if it likes the idea – is expected to vote on a lease agreement with Nichols’ enterprise, known as CAN-USA Sports LLC. Nichols and his wife, Nellie, also own the Elmira Enforcers of the Federal Prospects (Ice) Hockey League.

“Robbie Nichols has been approved by the (PGCB) League to start and operate a team here in Batavia,” Tabelski said. “He has been interested in putting together a second team in the league and, with things happening the way they did with Major League Baseball, he actually had reached out to the (New York-) Penn league, and the NY-P put us in touch with him.”

Tabelski said representatives of other teams contacted her, “but none had league backing already -- nor a record of success in owning a team in this league.”

According to a memo from Tabelski to City Council dated Jan. 4, the terms of a new lease agreement to use Dwyer Stadium are as follows:

• A five-year lease;
• Rent from Year 1-3, $1; Year 4, $7,500 (placed into the Dwyer Stadium Capital Reserve Fund); Year 5, $10,000 (placed into the Dwyer Stadium Capital Reserve Fund).
• Operator pays for the field maintenance and utility costs to operate.
• Operator will allow use of the field, as appropriate, to community groups, Little League, high schools, etc.

The City has had long history with a Batavia professional baseball franchise, starting in 1939 with the Batavia Clippers as an original member of the Pennsylvania-Ontario-New York (PONY) League.

The Batavia team later was named the Indians, Pirates, Trojans and Clippers (again) before taking the Muckdogs name in 1998 based on a fan poll that chose the nickname and logo.

In 2019, Batavia celebrated its 80th anniversary as the only founding member of the league still in existence.

Since then, MLB has taken control of Minor League Baseball and discontinued short-season competition, with the Muckdogs not among the teams invited to remain as a Major League affiliate.

Tabelski wrote that the PGCBL was founded in 2010 by eight summer baseball teams across Upstate New York in conjunction with Perfect Game USA, baseball’s premier scouting service. The league’s eight founding members were in Albany, Amsterdam, Cooperstown, Elmira, Glens Falls, Mohawk Valley, Newark and Watertown.

Per its website, current teams are located in Watertown, Adirondack (Boonville), Newark, Mohawk Valley, Utica, Oneonta, Albany, Saugerties, Geneva, Elmira, Amsterdam, Glens Falls and Jamestown.

Due to COVID-19, the league cancelled its 2020 season.

For more information about the league, go to www.pgcbl.com.

A telephone call to Nichols was not returned at the time of the posting of this story.

Press release:

Data update for Jan. 6, 2021:

• Genesee County received 53 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, 80s and 90s.
• Forty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
• Twenty-five of the positive individuals are hospitalized.
• Sixteen of the new positive cases are residents at Premier Genesee Center for Nursing and Rehabilitation. 
• Seven of the new positive cases are residents at the LeRoy Village Green Residential Healthcare Facility.
• Two of the new positive cases are residents at Genesee Senior Living. 
• One of the new positive cases is a resident at the New York State Veterans’ Home at Batavia. 
• We are saddened to report the COVID-related deaths of two residents, one whom resided at Genesee Senior Living and one whom resided at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.

 

• Orleans County received 34 new positive cases of COVID-19.
• The new 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, and 70s.
• Six of the individuals was on mandatory quarantine prior to testing positive.
• Forty-two of the previous positive individuals have recovered and have been removed from the isolation list.
• Seventeen of the current positive individuals are hospitalized.
• We removed one individual from yesterday’s total due to the person is not a resident of Orleans County.

Rep. Chris Jacobs, who previously issued a statement rejecting an attempt to overturn the presidential election, today said he will object to certification of the Electoral College results. 

When Texas filed a lawsuit attempting to invalidate election results in Georgia, Pennsylvania, Michigan and Wisconsin, Jacobs said he would not sign onto the effort because he respected federalism and states' rights.

Today, in a statement, Jacobs contradicted that stance saying, “There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates."

There have been multiple lawsuits contesting changes in state voting procedures in Georgia, Pennsylvania, Michigan and Wisconsin. All of them have been rejected by their respective courts, primarily because the plaintiffs did not file their lawsuits prior to the election but instead waited until after residents in these respective states voted in good faith under the guidance provided by state officials.

States such as Alabama, Arkansas, Kentucky, Mississippi, Ohio, South Carolina and Texas -- states Trump won -- also made accommodations for voting during the coronavirus pandemic but Republicans are not contesting the results in those states. 

Jacobs said disputes over the election have not been adjudicated; however, 59 lawsuits have been thrown out by state and federal courts either because of timeliness or lack of evidence, including two that reached the Supreme Court. The current composition of the court includes a majority six Republican-nominated justices, including three appointed by Trump.

Today, both bodies of Congress are meeting in joint session to open and tally the electoral college votes, which have been certified by states, giving Joe Biden a 306 to 232 vote victory. Jacobs will not be the only Republican refusing to accept the results of the election. Several senators and other House members are joining in.

Senate Majority Leader Mitch McConnell, who has been a strong ally of the president over the past four years, criticized that effort in a floor speech today.

“Voters, the courts, and the states have all spoken — they’ve all spoken,” McConnell said. “If we overrule them, it would damage our republic forever.”

In opposing Biden's victory, Jacobs breaks with fellow Republican from the Southern Tier, Tom Reed.

"It is clear to me that the U.S. Constitution calls upon our elections for president to be done at the state level, and that if there are issues of fraud, if there are issues of whether or not those elections are carried out lawfully, they are to be adjudicated at the state level," Reed said. "No state legislature has asked us to intervene in Congress in this process, and that being said, I will not be objecting to the state electors tomorrow, based upon my commitment to the U.S. Constitution."

Here is the full statement from Jacobs:

Congressman Chris Jacobs (NY-27) released the following statement regarding the objections to the certification of the Electoral College.

“There is no question the presidential election was contentious and conducted under trying circumstances, leading several states to make unprecedented changes to their electoral systems without the authorization of their respective state legislatures as the Constitution dictates.

This troubling fact, along with countless reports of election irregularities, has left many Americans with valid concerns about the integrity of the November 3rd presidential election because these concerns have yet to be properly adjudicated.

“I have a duty to represent my constituents and a constitutional duty to ensure the security and integrity of our elections. 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.

“The American people must have confidence in their elections, and I intend to work to restore that trust. As such, I will support efforts to achieve a full review of the actions taken by states that have led to the widespread distrust that now exists. I feel it is imperative to allow for this crucial national conversation to be debated in public on the floor of the U.S. House of Representatives.

An attorney representing The Batavian is leaving the door open for an appeal after a Niagara County Family Court justice ruled against the online publication’s request for a transcript of a portion of a Genesee County Family Court hearing that dealt with a potential conflict of interest situation involving current Batavia City Court Judge Durin Rogers.

“We respectfully disagree with the Court’s decision and are considering our options for appeal,” said Heather E. Murray, managing attorney for the Local Journalism Project at the Cornell Law School First Amendment Clinic.

The Dec. 24 ruling by Niagara County Family Court Judge Erin P. DeLabio pertains to a hearing on Nov. 26, 2019 when DeLabio closed her courtroom to reporter Howard Owens, publisher of The Batavian.

After he was locked out of the hearing, Owens sought to obtain a transcript as he believed the public’s right to know outweighed any other factors since Rogers, representing the Genesee County Attorney’s office, also was serving as a sitting, part-time City Court judge while a defendant in the Family Court matter also was facing criminal charges in City Court.

Rogers was elected as the full-time City Court judge in November 2019 and sworn in Dec. 20, 2019.

Attorney Thomas Burns, who was representing a woman accused of hitting her child with an object, filed a motion alleging Rogers’ conflict of interest as the latter had access to City Court documents and was able to interact with other members of the county’s criminal justice system.

DeLabio, in her ruling, cited “confidentiality” concerns that outweighed The Batavian’s contention – as outlined in its “moving papers” – that the public has a right to know if an elected official is acting in an inappropriate manner.

The judge also wrote that it was “disconcerting” that the publication’s motion “was never served upon the very attorney (Rogers) who is the subject of the motion” and … as such, “service of this motion was defective.”

Owens said that DeLabio’s ruling has not changed The Batavian’s position on this issue.

His complete statement follows:

“As a local news publisher, I believe one of my roles in the community is to stand up for the First Amendment and public access to the public’s business, whether that’s through the state’s open meeting laws, public information laws, or the state’s provisions for ensuring courtrooms and court documents remain open to the public.

“Democracy does not work if the government can operate in secret.

“All of New York’s courts, including Family Court, are open to the public and the law is very clear that a courtroom can only be closed based on specific findings based on supporting evidence revealed in an open hearing on the matter.

“It’s been our position all along that Judge Erin DeLabio failed to follow the law when she closed her courtroom on Nov. 26, 2019. It is undisputed that the judge did not hold an opening hearing when she closed her courtroom.

“Since the portion of the hearing The Batavian sought to monitor involved an accusation made in court documents of a possible conflict of interest involving a public official, one who is no less than an officer of the court, we felt this matter was of significant public concern.

“And though this hearing happened more than a year ago, The Batavian’s position on this issue has not changed. With the help of the Cornell First Amendment Clinic, we appealed DeLabio’s ruling and felt we made a strong case.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case) so we were surprised and disappointed in DeLabio’s decision. As to her position regarding notice of service of Durin Rogers, this is a technical legal issue we will leave to our attorneys to address in our appeal. 

“Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgements on what is newsworthy.

“The public concern of this case has little to do with the election and everything to do with the fact that Durin Rogers is a public official in a position of public trust. This is why we reported on the issue in the first place and continue to maintain interest in the issue until it is publicly resolved. The public has a right to be informed on all matters involving a public official being accused of a conflict of interest. It is not incumbent upon Judge DeLabio to determine what is editorially relevant and her statement in the ruling amounts to prior restraint.

“We are appealing this ruling for the very fact that until the transcript is released, it remains a matter of public concern and is therefore newsworthy. It is newsworthy today and it will remain newsworthy in six months or two years, or however long it takes for justice to be served.

“We wish to see New York’s laws ensuring open courtrooms protected for the good of all citizens of New York.”

Previously:

Motion asks deputy county attorney to be removed from case over alleged conflict of interest

Judge blocks press from covering conflict-of-interest motion

Press release:

• Genesee County received 91 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, 80s and 90s.
    • Thirty-five of the previous positive individuals have recovered and have been removed from the isolation list.
    • Twenty-one of the positive individuals are hospitalized.
    • One of the new positive cases is a resident at the LeRoy Village Green Residential Healthcare Facility.
    • We are saddened to report the COVID-related deaths of two residents, one whom resided at Genesee Senior Living and one whom resided at the LeRoy Village Green Residential Healthcare Facility. Both of the individuals were over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the families and friends of these individuals during this difficult time.

​

• Orleans County received 25 new positive cases of COVID-19.
• The new positive cases reside in the:
  • Nineteen of the current positive individuals are hospitalized.
  • Twenty of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the individuals was on mandatory quarantine prior to testing positive.
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, and 80s.
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon).

Genesee County is calling upon one of its own to provide experience and support while it conducts a search to fill the vacant youth bureau executive director position.

The legislature’s Human Services Committee on Monday voted in favor of creating a deputy youth bureau executive director, a temporary title that County Manager Matt Landers said will be given to Chelsea Elliott, (photo at right), who has worked for the county for the past seven years.

“Chelsea currently is our youth program coordinator and she is very capable,” County Manager Matt Landers said. “She runs our Youth Court and also coordinates the education piece on the youth side of the STOP-DWI program.”

The vacancy occurred last month when Jocelyn Sikorski stepped down to become executive director of Cornell Cooperative Extension of Genesee County, effective Jan. 25.

Landers said Elliott will be working with Sikorski over the next couple weeks to review the executive director’s responsibilities.

“We realize that there is going to be a period of time that the position is vacant, and looking at the need for somebody in house to transition us, this seemed like the most appropriate fashion (to proceed),” Landers said. “… with this being a union employee that would be stepping up into the role … we feel like this is a justified and prudent move for us to do.”

Landers said the resolution passed by Human Services (and subject to a vote of the full legislature) calls for the full-time deputy position to run for up to six months.

“We don’t anticipate it taking six months. We have spoken with Chelsea and she is agreeable to step up, and then once the director position is filled, the temporary position will be eliminated,” he said. “If Chelsea does have an interest (in succeeding Sikorski), this is something where we will have an opportunity to view her in the role. Certainly, she is eligible to throw her hat into the ring.”

The deputy executive director position provides additional pay for Elliott since her duties will increase, Landers said.

The change at the top of the county’s youth bureau comes as the City of Batavia, which has shared the county executive director for its youth programming, explores the possibility of contracting with an outside agency to provide city youth services.