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The City of Batavia Planning & Development Committee on Tuesday night approved the site plan and special use permit application by Quicklee’s to renovate the former Bob Evans Restaurant at 204 Oak St. into a convenience store/fuel station with drive-thru restaurant.

Following a 10-minute discussion that focused on proper signage and traffic flow, the committee unanimously approved both referrals – giving the go-ahead on the site plan contingent upon developers adding “signage to direct vehicles going into the drive-thru from blocking the exit between the canopy and the building so they can exit out onto Noonan Drive.”

The special use permit allows Quicklee’s to operate as a convenience store and quick-service restaurant.

Patricia Bittar, director of land development projects at WM Schutt Associates, and Lou Terragnoli, director of real estate for Quicklee’s, appeared before the PDC at the City Centre Council Board Room in anticipation of gaining final approvals for the project, which was introduced (and reported first on The Batavian) in late April.

Plans call for the reuse of the 3,771-square-foot restaurant and involves construction of a four-pump fuel station island with canopy and underground fuel storage tanks. The convenience store with retail fuel sales will take up about two-thirds of the space, with the drive-through restaurant – Quicklee’s is in negotiations with Tim Hortons – using the remaining space.

Last month, the PDC conducted an environmental review, which showed no adverse effects, but held off on approving the site plan or special use permits until the applicant provided details on traffic flow patterns, including an updated study by the New York State Department of Transportation.

Also, in June, the city’s Zoning Board of Appeals approved area variances that permit the business to be within 500 feet of a church (Emmanuel Baptist at 190 Oak St. (corner of Noonan Drive) and to have 40 parking spaces instead of the required 68.

Questions from the PDC last night focused on signage on Noonan Drive to ensure that motorists are informed of the proper way to access the location as members were concerned about the stacking of vehicles, especially near the fuel pump island.

The DOT traffic study submitted to the PDC calls for the removal of a proposed right-out driveway (onto Route 98) and that “all site access utilize the existing Noonan Drive roadway.” Additionally, the internal access driveway will remain that connects to the Super 8 Hotel parking lot behind the restaurant.

The study also indicated that during peak times of 7:15 to 8:15 a.m. and 4 to 5 p.m., the business is expected to generate an additional 79 entering/71 exiting vehicle trips, and 53 entering/55 exiting vehicle trips, respectively. Terragnoli said the site plan can accommodate stacking of up to 15 cars.

Terragnoli said renovations of the inside of the restaurant and construction of the fuel island will start in September, with completion by the end of the year. Currently, the Quicklee’s chain has 23 locations – mostly in Livingston and Monroe counties.

Photo at top: Architect's rendering of the new Quicklee's business at 204 Oak St.

Update: July 24, 9:30 a.m.

Comment from Anne Constantino, president and CEO of Horizon Health Services, which has an office in Batavia:

“We are grateful to the Attorney General for her success in this settlement that will absolutely deliver much needed resources in our efforts to prevent, combat and treat the serious public health crisis of addiction.”

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The executive director of a local substance use prevention and treatment agency is hailing today’s announcement that four major pharmaceutical distributors are close to an agreement to pay out $26 billion to states and municipalities for their roles in perpetuating the nation’s opioid epidemic.

“Yes, this is welcome news and I’m just hoping the money ends up going to assist individuals and families struggling with opioid addiction,” said John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse. “It definitely is needed to stabilize the treatment system that has been impacted negatively by the recent pandemic.”

According to multiple media outlets, Johnson & Johnson, Cardinal Health, McKesson and AmerisourceBergen are near a deal that would resolve multiple legal challenges as well as pay for prevention, treatment and recovery services throughout the United States.

Genesee County Attorney Kevin Earl said it will be awhile before it is known how much money will be allocated locally.

The New York City law firm of Napoli Shkolnik PLLC is representing Genesee County as well as several other counties, Earl said.

“Most of the particulars are up in the air right now,” Earl said. “The county has retained this law firm to represent us in the litigation and they have advised us of the settlement with three of the distributors and Johnson & Johnson, but it’s too early to tell what Genesee County or any other participant in the litigation will get.”

A published report in today’s online edition of The New York Times indicates that the pact has yet to be finalized and “could still fall apart or have significant changes.”

The Times’ story also included the following:

-- According to lawyers familiar with negotiations, Johnson & Johnson, which made an opioid painkiller and a fentanyl patch and supplied opium-based ingredients to other drug manufacturers, would pay $3.7 billion in the first three years and $1.3 billion over the next six years. It had already shut down its supply business and discontinued its opioids, and agreed to refrain from selling opioids.

-- The distributors as well as several manufacturers are in the midst of a trial in a case brought by the State of New York and two of its counties. This morning, Letitia James, the attorney general for New York, announced a $1.1 billion deal with the distributors to settle that case. That money would be a part of the overall $26 billion settlement, but so far, it is the only deal that has been formally agreed to. Payments to New York State could begin in two months, Ms. James said.

Genesee County Manager Matt Landers said he was “fairly certain” that the money awarded to the county is for specific purposes, unlike the tobacco settlement, which gave counties more leeway to use the money for general operations.

“This money would have to go towards specifically combatting opioids,” he said. “So, it would lead to us partnering with agencies in the community to help deliver these services – agencies such as GCASA and others.”

Marcus Molinaro, president of the New York State County Executives Association, said in a press release that the settlement “comes at a crucial moment as counties across the state and nation grapple with a startling resurgence in overdose deaths.”

“No amount of money can bring back the lives lost to the opioid epidemic, but it can honor those lost by investing in prevention, education and treatment services to save lives,” he said.

“New York’s county executives were proud to work in collaboration with Attorney General Letitia James to pass legislation creating an Opioid Settlement Fund to ensure those most responsible for plunging us into this crisis, and not local taxpayers, pay for treatment, recovery, and abatement efforts critical to defeating this deadly scourge.”

It might not be fair to say that Genesee County is desperate for water, but when you slice it and dice it, Genesee County is desperate for water.

County officials -- understanding the impact that water has on the future of economic development -- are going all out in an effort to pump another 7.6 million gallons a day into the municipality.

On Monday afternoon, the Genesee County Legislature’s Public Service Committee recommended approval of four resolutions on measures designed to increase or enhance the water supply.

County Engineer/Highway Superintendent Tim Hens (photo at right) provided details about the resolutions as he looks forward to wrapping up Phase 2 of the Countywide Water Supply Program and embarking upon Phase 3, a $90 million project that would increase significantly the daily capacity of water.

All four resolutions likely will be on the agenda of the full legislature meeting on July 28 at the Old County Courthouse.

The four resolutions, with comments from Hens, are as follows:

-- A contract with the consulting firm of Clark Patterson Lee in the amount of $950,00 for a Basis of Design Report and Source Supply Change Studies for Phase 3.

“In Phase 2, which we started in the fall of 2019, at the outset we were kind of behind the 8-ball, so we rushed some things. We started working on the actual design documents for construction bidding somewhat concurrent with the Basis of Design, which is the document used for the Monroe County Water Authority to say exactly how they want things constructed,” Hens said.

“So, were doing a lot of things in parallel – the environmental work, the land acquisition – and, at the end of the day, even though we were trying to make things go faster, I think it just got more confusing for folks and it slowed down the review process quite a bit.

“This time, were not quite behind the 8-ball as we were with Phase 2 – we have a little bit of time, albeit not a lot, so we’re going to get the Basis of Design squared away with Monroe County so we know exactly how they want everything built, what types of pumps they want to use, what type of pipe material – things like that – and get that squared away before we actually put together construction documents for bidding.

“I think that will make the designs for the project move a little smoother and will make the timeline ultimately a little bit shorter.”

Hens said the Basis of Design outlines how the system will work: How the hydraulics between the Genesee County system and the Monroe County system mesh, and determines the required pump speeds and flow rates.

The $950,000 contract includes many “pieces and parts,” Hens said, adding that CPL will not be receiving all of that money (which is being expended from the County Water Fund).

“There are a lot of subcontracts for geotechnical exploration, contracts for land acquisitions and easements. Also, part of the contract is the Source Supply Change.

“With 7.6 million more gallons coming in through Phase 3, that’s enough to basically shut off the City of Batavia water plant. When we do that, the water chemistry from Monroe County is slightly different from the water chemistry in the City of Batavia.

So, if we’re going to replace the city water plant and use Monroe County water, we want to make sure the chemistry lines up and we don’t run into a Flint, Michigan-type of situation (high lead levels). There’s a fairly sizeable chunk of that $950,000 that is dedicated to doing the analysis on the water chemistry to make sure we don’t have that problem.”

-- Rejection of bids for construction of new chlorination stations for Phase 2.

Hens said that the county is at the midpoint of Phase 2, having completed water main work on Vallance Road and North Road in crossing the Thruway in Le Roy, water main work on Chestnut Ridge Road in Chili, new pump stations in Mumford and Churchville.

Several pump station upgrades are in the works in Le Roy and three locations in Monroe County, and another is being built on Golden Road in Chili. That construction is set to take place through the winter, with completion earmarked for next summer.

As far as new chlorination stations, Hens said the county solicited bids to contractors to build three small sheds spread out around the county that had little chlorination injection pumps in them to re-chlorinate the water once the chlorine dissipates.

“The bids we got back were ridiculous; they were probably three to four times more than we thought they were going to be,” he said, reporting that hopes of spending $200,000 for this project was going to be at least $600,000. “And we just don’t have the money to spend on these stations.”

So, Hens turned to Town of Batavia Engineer Steve Mountain, and they agreed that the town will install temporary, skid-mounted systems inside the bases of the water tanks. “That will fix the problem and a much cheaper cost,” he said. “The county will then reimburse the town for the expense.”

-- Rejection of bids for a disinfectant byproduct removal system within the Village of Oakfield water storage tank for Phase 2.

“So, THM (Trihalomethane) is a chemical that builds up in water over time as the chlorine dissipates and breaks down into other things. Typically, what you do is put a spray system into the storage tanks and it takes the chemical out of the water,” he said.

“Again, the bids for this were crazy expensive so we’re looking at doing a different method that's quite a bit cheaper, and we’re having conversations with the Village of Oakfield about that.”

-- A contract with the Carpi & Clay lobbying firm of Washington, D.C., for up to $60,000 to seek grant and other funding for Phase 3.

“There’s a lot of new money for infrastructure in Washington, D.C., right now; there’s a lot of money for water. With the cost of Phase 3, we want to get as much outside help as we can to get federal aid to support our projects, rather than putting it all on the backs of county residents,” he said.

The contract calls for the county to pay $7,000 per month to Carpi & Clay at least through the end of this year, with the stipulation that the firm provides detailed reports of its activities.

Hens said the original estimate for Phase 3 was $76 million but due to inflated construction costs, that figure likely will increase to $90 million or more.

The net result in water supply will be about 3.1 million gallons per day, he said, when considering that the 4.5 million gallons generated by the City of Batavia water plant will be removed from play.

“That still helps us considerably,” he advised.

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HEAVY RAIN LIFTS GROUNDWATER LEVEL

Hens said that last weekend’s heavy rain has raised the groundwater levels up by about eight inches, a good sign for the aquifer heading into August.

“How the aquifer works is that you normally see your highest levels in March and early April,” he said. “Seasonally, as the snow melts and things start to dry out, the groundwater will drop in pretty much a straight line through the summer and into the fall. When you get into the November and December timeframe, sometime into early January, that drops stops and it starts climbing.

“We were on a path as of a week ago, the groundwater was dropping by a half-inch a day, pretty routinely. We were scheduled to drop by another six feet by December. We’re already pretty low; we probably would have been at record level lows by then.”

Hens said he sees the bump in the aquifer as just a temporary respite.

“I think we will continue to drop once we get through this wet period, but I don’t think our drop is going to be as deep as we thought it would be. The deeper the groundwater, the harder it is to pump,” he said.

“A lot of the spike in usage in the summer is related to people filling pools, washing their cars, watering their lawns and gardens – that’s where all the extra water usage comes from. We’ve seen that drop off substantially due to the amount of wet weather we’ve been having. That’s got us knocked back to wintertime water level usage.”

Hens reported that as of yesterday, per day water usage in the city was at 2.8 million gallons – down from the peak usage level of 4.3 million gallons, while Monroe County Water Authority usage dropped back from about 3 million gallons per day at the end of June to 2.2 million gallons per day.

While she didn’t grow up in Batavia, Jill Wiedrick nevertheless considers her appointment as assistant city manager as a homecoming since she will be returning to the place where she spent seven years as a senior planner with the Genesee County Planning Department.

“I can’t wait to move back to the community and be part of it again. We’re really excited,” Wiedrick said by telephone Monday -- two days before the Elma native continues her career in government as a key member of the City of Batavia’s administrative staff.

Wiedrick (photo at right) said she came to understand “how great Batavia was" by having lived and worked here from 2006-13.

“Part of the reason (for taking the city position) is that my husband and I have two young kids and I’d like them to grow up a little bit the way I did,” said Wiedrick, who graduated as Jill Babinski in 2000 from Iroquois Central School. “I grew up in a small community – not that there’s anything wrong with the City of Rochester; I think it’s fantastic – but we wanted to try something different.”

She also indicated she decided to leave her job as manager of zoning for the City of Rochester to be closer to her parents, who continue to live in Elma.

“And, professionally, I’ve been really interested in city management and other facets of government. So, this seems like something that perhaps that I would enjoy and be successful at,” she said.

Education Includes Professional Certificate

A graduate of Geneseo State College, Wiedrick received her master’s degree in City/Urban, Community and Regional Planning and, this spring via online distance learning, earned a professional certificate in Municipal Finance from the Harris School of Public Policy at the University of Chicago.

She began employment with the City of Rochester as senior city planner in November 2013 before moving up to zoning manager in February 2020. She is credentialed with the American Institute of Certified Planners.

Wiedrick said that she relished her time as a Genesee County planner.

“I learned so very much and became such great friends with everyone. Jim Duval (the former planning director) was my first boss there and I cannot say enough awesome things about him. He continues to be a strong person in my life and a mentor,” she offered.

“And obviously, I worked with (current Planning Director) Felipe (Oltramari), who brings so much to the table in terms of helping the county and its municipalities be successful and how they want to look in the future.”

Oltramari said he was impressed with Wiedrick’s positive attitude and work ethic during her time at the planning department.

“Everyone always had good things to say about her work,” he said. “She was a hard worker -- very passionate about her work -- and I’m really glad that she is back in the area.”

Previously Interacted with City Manager

Wiedrick also interacted with City Manager Rachael Tabelski when the latter was employed as the marketing director with the Genesee County Economic Development Center.

“I got to know Rachael when I worked on projects with the GCEDC,” Wiedrick said. “On occasions we would be at the same meetings and run in the same circles, as far as development.”

Wiedrick said she is keen on economic development, stating that GCEDC officials and others realized that the Western New York Science & Technology Advanced Manufacturing Park project in the Town of Alabama was a long-term venture.

“Going into it, we knew that we weren’t going to see development occur immediately,” she said. “A lot of the things that you do in any sort of development is that you’re making an investment that is intended to be long term and to be developed over a number of years.”

She compared it to the planting of a tree.

“You don’t plant that tree for yourself; you plant it potentially for your children,” she said. “Much of development tends to work that way. In Western New York in particular, we’re planting the seeds now and we’re reaping the benefits maybe five or 10 years out.

“A good example is the City of Buffalo. Over the past 20 years, they’ve done a lot of small things and now we’re seeing the resurgence of Buffalo. Now, people are going, ‘Wow, how did this happen?' It has been calculated and people are taking steps knowing that we’re not going to see the benefits of these actions for a number of years.”

Promoting Genesee County

Wiedrick agrees that the $10 million Downtown Revitalization Initiative award will go a long way to expanding the city’s appeal and she is eager to have a role in its rejuvenation.

“To be a part of such a tremendous team, I feel that I am going to learn so very much from, and to have an impact on a place that is near and dear to my heart is incredibly exciting,” she said.

“I would tell colleagues from the City of Rochester, 'you’ve got to go to Batavia. You’ve got to check it out. It’s not just farmland. They just laugh at me and say, ‘OK. How did they do that in Genesee County?’ "

As the assistant city manager, Wiedrick will be responsible for various projects, including administrative services, organizational risk management, organizational values, community/neighborhood development, public relations, information technology and implementation of Enterprise Resource Planning software. She also will help draft the annual budget and take part in capital planning initiatives.

Her starting salary has been set at $91,800.

Tabelski said that Wiedrick’s extensive background in land use, planning, community engagement, policy development and budgeting as well as her proficiency with technology mesh well with the requirements of the city position.

Putting Technology to Good Use

“Jill brings a wealth of knowledge and experience gained through her professional roles in government including with the Genesee County Planning Department and City of Rochester Zoning Department,” Tabelski said. “She will make an immediate impact to the city organization -- focusing on supporting the ongoing software implementation projects, neighborhoods, community development initiatives, and administrative needs.

“She is a positive, outgoing professional who will participate with residents and businesses to make improvements. I am glad she choose the City of Batavia to call home, and look forward to working with her.”

Wiedrick said she has an eye on utilizing technology to enhance the quality of living in Batavia and the surrounding area.

“One of the things that I’m excited about working on is community development efforts, and I’m also going to be working a lot with technology – which I am very comfortable with,” she said. “What I’m intrigued about -- and have been for the majority of my career in government – is what forms of technology can be used to make things easier for the public and make things easier for staff.”

Wiedrick is married to Andrew Wiedrick, a quality assurance analyst at Excellus Blue Cross/Blue Shield in Rochester. The couple has a son, Ty, who is turning 6 this month, and daughter Jolene, who turned 3 in May. The family is in the process of moving to the city.

An accomplished violinist, she plans on performing with the Genesee Symphony Orchestra in the near future.

File photo: Jill Wiedrick performing with the Genesee Symphony Orchestra. Photo by Howard Owens.

The City of Batavia’s Bureau of Inspections is giving management of the Northside Meadows apartment complex at 335 Bank St. until Sept. 1 to rectify roof and driveway maintenance issues or risk court action.

A violation notice dated July 1 and issued by Doug Randall, city code enforcement officer, to Northside Meadows Association, which is managed by David Renzo of V&V Development Corp., indicates that his investigation found the following items to be in violation of the Property Maintenance Code and Residential Code of New York State:

• Roofs and drainage. The asphalt roof coverings are deteriorated, missing material, and not maintained in a sound and tight condition on two of the three residential buildings located on this property. You must repair or replace the roof covering using approved materials.

• Roof covering materials. Two of the residential buildings have been covered with grey plastic tarps. The tarps are not approved roof covering materials.

• Sidewalks and driveways. The asphalt driveway and parking areas have uneven surfaces with loose and missing materials in various areas throughout the property. You must maintain these areas in a proper state of repair and eliminate hazardous conditions. Immediate action must be taken to ensure safety.

The notice, which was obtained by The Batavian through a Freedom of Information Law request earlier today, also states the following:

That a building and/or plumbing and/or electrical permit may be required to make some or all of these corrections. If a permit is required you must obtain one prior to starting work on the items for which the permit is needed. All corrections not requiring a permit should be commenced immediately.

Contacted about the violation notice along with a tenant’s report of a leaky ceiling in one of the Building B apartments and other issues, Renzo said he has a “workout plan” in place to correct the situation.

It should be noted, that the property manager had a similar reply in a June 22 story by The Batavian on similar problems at Le Roy Meadows, another low-income housing project overseen by V&V Development. (More on that at the end of this story).

“Workers will be here tomorrow at 7 a.m. to put more tarps on the building so we can fix the ceiling in that apartment and we have plans to put new roofs on Buildings B and C this summer,” Renzo said. “We’re in the process of contracting with a roofing company right now.”

Northside Meadows, located just west of Walden Estates, consists of three buildings – A, B and C – with eight apartments (four lower and four upper) in each building.

Renzo said he also is soliciting bids to fix the large potholes in the driveway.

Saturday’s heavy rain caused a build-up of water on the roof of Building B and, eventually, resulted in a leak in the ceiling.

Renzo said he went to the apartment, staying there for three hours to shore up the ceiling – punching additional holes in it to relieve the water pressure.

“We had four inches of rain … and this could have happened even with a new roof; the water accumulated in the valley of the roof,” he said.

He explained that he punched some more holes in the ceiling to prevent it from bubbling and placed plywood on the ceiling, supported by long boards extending to the floor.

Meanwhile, the woman who had just moved in to that apartment was forced to evacuate, and is staying with her mother until it is fixed, Renzo said.

“She’ll be out a couple days … but she was all happy because we’re giving her a month’s free rent,” Renzo said.

Currently, tarps are covering Building B and Building C (which is not in compliance with city code), while the roof was replaced on Building A 10 years ago – only after receiving violation notices from the city.

The tarps on Building B and Building C have been in place for at least eight years.

The mother of the tenant who did not disclose his/her name called the property “a hot mess,” citing evidence of drug use, mold, car repairs in the parking lots and excessive noise.

“Starting from the street, you’ve got craters in the driveway that do not get fixed,” said Connie Porter, a Birchwood Village resident who provides rides for her son/daughter. “For several years – and I don’t mean days and I don’t mean months – these roofs have been covered with tarps. Let’s not fix them. Let’s keep collecting rent and leave them.”

Porter said there is no policing of tenants who are violating the rules.

“There are people that are taking advantage of putting their cars in there and doing work that should be done at a mechanic’s shop,” she said. “And at Building C – the needles There is not one diabetic that I know of who goes outdoors to inject themselves with insulin and throws it on the ground. Something else is going on. Plus, the noise at all hours of the night.”

She asked what it was going to take before something gets done.

“Why should it be that you have to turn somebody in before the landlords … actually do something to keep the place the way it should be? Are they going to wait until somebody gets hurt or dies? That’s a health risk over there … a serious health risk.”

Renzo responded by saying that the police, specifically the drug task force, are “very well aware of the situation.”

“The problem is that if they know someone is doing something, it takes about a year to build a case,” he said. “The next plan of action is that we’re going to be putting video cameras in, probably, which would help. That’s our plan – to put video cameras in each building in the common areas.”

He said the management firm’s accounts receivable are thousands of dollars in arrears because many tenants have not paid rent since the COVID-19 pandemic took hold.

The federal moratorium on eviction ends on July 31, and the state moratorium concludes a month later.

“I sent a letter last week to all the people who haven’t paid and let them know the eviction moratorium is ending …,” Renzo said.

He said that all prospective tenants are subject to background checks and sex offender checks.

“Back in 1993 when the place was built, things were so much different,” he offered. “Now, all these people from Rochester are moving into town and there is a criminal element we’re dealing with. You rent to a single mother with children and her boyfriend comes in from Rochester …

“If there’s any drugs involved, the police are called and they’re doing their part. It’s no different than any other apartment complex.”

Renzo said he has yet to receive a complaint about mold in the apartments.

He advised that he is working with the United States Department of Agriculture on a plan to get the roofing replace before fall and also to pay off $60,000 in back taxes owed to Genesee County.

Renzo said the facility is owned by Northside Meadows Associates, a limited partnership.

He said that 95 percent of it has been syndicated to a company called Sterling, which utilizes National Tax Credit Fund No. 37, a real estate investment trust based in Manhasset. Renzo said he has only a 2 1/2 percent stake in the complex, with the remaining 2 1/2 percent owned by a local rural preservation company.

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LE ROY MEADOWS UPDATE

Renzo said the investment group from California is submitting a workout plan to the USDA and “we expect funds to come in within a week or two.”

“Back taxes are being taken care of by the vouchering of HUD (Housing & Urban Development) money,” he said. “HUD and the USDA have agreed to the plan.”

The county is owed more than $600,000 in back taxes at the 10-building, 80-unit complex at 18 Genesee St., which also is in immediate need of roof and driveway repairs.

Previously: Le Roy Meadows manager says plan will address $600,000 in back taxes, needed repairs

Photo at top: Driveway at Northside Meadows apartment complex. Photos at bottom: Tarps covering Building B; sign along Bank Street. Photos by Howard Owens.

A 76-year-old Batavia man struck by a car on West Main Street on June 22 remains hospitalized at Strong Memorial Hospital.

Nathan J. Maniace is in stable condition at this time, according to the hospital.

Before today, Batavia PD had not released the names of the people involved in the accident. The Batavian acquired the accident report through a FOIL request.

According to the report, Maniace was walking southbound across West Main Street from the area of Burger King toward Ken Barrett Chevrolet when he was struck by a 2019 GMC sedan driven by Lloyd J. Miller, 72, of Stafford.

Miller reportedly told police that he did not see Maniace in the roadway.

No citations were issued.

Maniace was transported by ground ambulance to a landing zone in the grass lot between the County Courthouse and the Batavia Fire Station. He was flown by Mercy Flight to Strong.

The accident report was completed by Officer Stephen Quider.

Andre L. Roberts is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Oct. 21 in the Town of Alexander, that Roberts, with intent to prevent a Genesee County Sheriff's deputy from performing a lawful duty, caused serious physical injury to the officer. In count two, Roberts is accused of resisting arrest, a Class A misdemeanor, for intentionally preventing or attempting to prevent a police officer from arresting him or another person.

Robert J. Williams is indicted for the crime of aggravated cruelty of animals, contrary to NYS Agriculture and Markets Law Section 353a(1) -- a felony. On Jan. 14, with no justifiable purpose, Williams is accused of intentionally killing or intentionally causing serious physical injury to a companion animal with aggravated cruelty. In count two, Williams is accused of the same crime involving a second animal. In counts three and four, Williams is accused of fourth-degree criminal mischief, a Class A misdemeanor contrary to Penal Law Section 145.00(1), for intentionally damaging property belonging to another -- to two dogs.

Dejon J. Smith is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 25 in the City of Batavia that Smith knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Smith is indicted for criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing the narcotic cocaine; these had an aggregated weight of one-eighth ounce or more. In count three, Smith indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for knowingly and unlawfully possessing a controlled substance -- alprazolam. In count four, Smith is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that Smith, believing certain evidence was about to be produced or used in an official proceeding, intentionally acted to prevent this. He is accused of hiding some cocaine behind a stack of storage container lids in a storage shed while hiding from a uniformed officer who was searching for him. In count five, Smith is indicted for the crime of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count five, that Smith intentionally obstructed, impaired or perverted the administration of law or other government function by means of intimidation, physical force or an independently unlawful act.

Shane M. VanName is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 1 while in the first block of North Street in the Town of Le Roy VanName violated an order of protection. He is accused of intentionally harassing, annoying, threatening or alarming a protected person, or subjecting the person to physical contact or threatening to do so. In count two, VanName is indicted for second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that he intentionally disobeyed a court order of protection out of Darien Town Court issued Oct. 23. In count three, is indicted again for second-degree criminal contempt. It is alleged in count three that he intentionally disobeyed a court order out of Darien Town Court to stay away from a second person at the same address on North Street in Le Roy.

Alexander L. Baldwin is indicted for third-degree grand larceny, a Class D felony. It is alleged that between November and December that Baldwin stole property from a couple -- U.S. currency valued at more than $3,000. In count two, Baldwin is accused of the same crime for receiving funds in excess of $3,000 from the couple to perform home improvements, thus creating a trust, and then appled the funds for a purpose other than the trust intended.

Christopher L. Taylor is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 16 in the Town of Pembroke that Taylor stole property with a value in excess of $3,000.

Myles D. Macleod is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Nov. 27 on Route 77 in the Town of Darien that Macleod rode a 2005 Harley-Davidson motorcycle while he had a BAC of .18 percent or greater. In count two, the defendant is accused of DWI as a Class E felony for operating the motorcycle that day while he was intoxicated. In count three, Macleod is accused of aggravated unlicensed operation in the first degree for riding his motorcycle that day in Darien while his driver's license was suspended or revoked by the NYS DMV Commissioner and while he was under the influence of alcohol or a drug. In count five, the defendant is indicted for circumventing a required ignition interlock device, since the motorcycle did not have one. In count five, Macleod is accused of refusing to submit to a breath test. In count six, he is accused of the violation of operating an unregistered motorcycle that day on Route 77. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Macleod is accused of having been convicted of DWI as a Class E felony on Nov. 5, 2014 in Genesee County Court. The conviction forms the basis for the suspension or revocation referred to in the current indictment and it was still in effect on the day of the crimes alleged in the current indictment.

Joel Morales Cruz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 25 in the City of Batavia that Cruz drove a 1996 Honda on Oak Street while his driver's license was suspended or revoked by the NYS DMV Commissioner. In count two, Cruz is accused of driving while intoxicated, as a misdemeanor, that day on Oak Street. In count three, Cruz is indicted for DWI, per se, as a misdemeanor. It is alleged in count three, that Cruz drove on Oak Street that day while he had a BAC of .08 percent of more. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Cruz is accused of having been convicted of driving while intoxicated as a misdemeanor on April 22, 2010 in Batavia City Court and the conviction forms the basis for the suspension or revocation referred to in the current indictment and was still in effect.

Learning that Batavia lawmakers apparently have squashed his vision of placing a disc golf course at Centennial Park is not sitting well with 27-year-old Phillip Boyd, the Hart Street resident who pitched the idea at a City Council meeting in late May.

This past Monday, Council members – responding to complaints from homeowners living near the tree-dominated park in the northwest quadrant of the community – agreed that Centennial Park is “off the table” as a potential location for a nine-hole layout for a sport that has gained in popularity in recent years.

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SIDEBAR: Western New York: A Hotbed for Disc Golf

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Boyd is an avid disc golfer who competes in a league at courses in the Buffalo/Niagara region and has played at courses closer to home, including one at Hartland Park in Bergen. He said he’s not giving up on his push to have a disc golf course in Batavia and sees the 14-acre parcel across from the New York State School for the Blind as the perfect place.

“I’m definitely going to still try to get it there,” he said on Friday. “The main thing that I’m disappointed in is that the argument that they have is ‘keep it a green park’ when it has never truly been a green park. And, also the idea of the traffic being around there.It’s a park. It’s not busy now and parks are typically busy.”

Boyd said numerous people have told him that Centennial Park is rarely used.

“That’s the thing that should be changed -- to actually use a giant open space, and actually use it in Batavia. We have no activities around here. There’s nothing to do; everyone has to go to Buffalo and Rochester,” he said.

“These smaller towns like Bergen, Pembroke; they can do these, but Batavia can’t. That’s why we’re so far behind and why Batavia is a declining city. We aren’t the true hub of Genesee County. Everyone’s leaving Batavia because there is nothing to do here.”

JANKOWSKI: FOLLOW THE PROCESS

City Council President Eugene Jankowski Jr. said he and his colleagues do support events and activities, regularly approving requests from community organizations that are submitted to city management and staff.

“There’s a procedure and a process for these types of things and putting in a disc golf course at a city park is no exception,” Jankowski said. “Mr. Boyd was requested by Council to hand over his plans and documents to the city manager (Rachael Tabelski) for review and to get that process started, but he has yet to do so.”

Jankowski said Boyd appeared at two Council meetings, stating his case for disc golf during the public comments session.

“He was asked twice to submit the paperwork to the city manager, but instead he showed up at two City Council meetings and has yet to submit his written plans,” he said.

When this was mentioned to Boyd, he said he intends to hand in the information (sketches and a detailed course layout at Centennial Park) on Monday – July 19^th, the deadline that he says he was given by Tabelski.

The Council president said his main issues with Centennial Park are that it has no facilities -- specifically bathrooms and amenities that are available at other city parks -- and that the only parking is along city streets.

“We’re willing to work with Mr. Boyd to find a better place, including working with our partners at neighboring towns and with Genesee County to try to make this happen,” Jankowski offered. “We’re not against disc golf, and are willing to look at other alternatives.”

BOYD: ‘SOME AREN’T OPEN TO CHANGE’

Boyd said he has walked the other parks in the city and finds that none of them, except maybe Williams Park (depending upon how much land the city owns at that location), would be acceptable.

“The Council president said that Centennial is off the table,” Boyd said. “If he is going to do that for 150 signatures and 12 people who showed up at the (July 12) meeting, that’s a problem. If I come with as much support as I have – a lot more than 150 signatures -- and he is still going to stand with that, then you’re not really being open to the idea of change in Batavia.”

“If Batavia is the hub of Genesee County, the lone city, we should be the one to lead the way for all the towns. Why do so many towns in our area have more activities than the city? There’s no reason for that.”

Boyd said he “feels comfortable with the amount of support he has and it’s building,” noting that he has reached hundreds of people through various social media platforms.

Jankowski questioned Boyd’s petition, which he said is on change.org.

“That’s open to anyone in the country,” he said. “How would that have anything to do with people who live here?”

DIFFERENCES OF OPINION

Residents of Ellicott Avenue and Park Place, two of the streets that border Centennial Park, came to last Monday’s meeting and urged Council to keep the park as it is – without any permanent structures other than trees – now and into the future.

Some brought up the “negatives” associated with disc park, but most were there to profess their affection for the park in its current state.

Before they had a chance to voice their opinions, however, Jankowski said that he had received information that Boyd had backed off on having the course at Centennial Park due to the neighbors’ concerns and was open to other locations.

When that was conveyed to Boyd yesterday, he said that he never agreed “with just dropping this.”

“I said if there was a good enough reason why they didn’t want it here other than it is a green natural park, which technically it is not, (then I would listen),” he said. “But it hasn’t been that at all.

"They say traffic. If you put anything in any public space, that public space will be used more. Therefore, there will be more traffic. If they have a better opposition except just those small things, I’ll leave it alone.”

He then said that a nine-hole pitch and putt golf course used to be at Centennial Park in the 1960s.

“No one wants to bring up that golf balls do way more damage than a disc could ever do,” he said. “The park used to have a fountain and a pond before things got changed over. Then, in time it was stopped and taken care of by New York State and then they gave it over to the city.”

CITY IS WAITING FOR INFORMATION

Tabelski said that an email from Maintenance Supervisor Ray Tourt indicated that he spoke with Boyd, who said he was willing to look at Kibbe and Williams parks if Centennial wasn’t available.

“The confusion stems from the fact that Phil has yet to submit the information that the Council president and staff has requested,” she said. “Even taking Centennial Park out of the mix, if you look to work with the city, there is a process to follow.”

She said that process includes review of any requests by the city manager, department heads and city attorney, considering financial and insurance implications. Once the review is complete, it then is brought forward to City Council for discussion and potentially to a vote.

“We’ve engaged with him and we’re waiting for his plans and documents,” she said, reiterating Council’s decision. “City Council will not consider Centennial due to its historic use and importance to the community.

“It was clear that it was the strong sense of Council that it is inappropriate. Phil has not reached out to myself or the Parks Department to further discuss an alternative location.”

DISC GOLFERS: A RESPONSIBLE GROUP

Boyd defended the disc golf community, one that he says is “very big on being as respectful as possible” and provided examples where disc golfers have won over those who initially were against them. He said disc golfers police each other and prioritize keeping the courses in top shape and free of debris.

“If somebody notices that someone does something not typical of our community, they’ll speak up to them and say, ‘Hey, that’s not what we do. Don’t make us look bad. Please refrain from doing that, and do it this way,’ ” he said.

He said disc golfers carry out the trash they carry in where no garbage cans are provided, and some disc golfers walk the courses to pick up trash left behind by other park goers.

“There’s plenty of room at Centennial Park,” said Boyd, comparing it to Pine Woods Park in North Tonawanda. “When they first started to put a course at Pine Woods, the residents in the neighborhood were so against it. They had picket signs in their front lawns that read, ‘No to disc golf.’”

“But eventually they got the course approved and they put in a nine-hole course. Two years after that, even after they had continued pushback from the neighborhood, the city approved an increase to an 18-hole course because the city realized how many people were coming to play. It was huge; the park was actually being used again.”

He said he mirrored his course layout after Pine Woods because it is similar to Centennial Park.

“The way I’ve set it up is that there will be room for other activities and still have disc golf,” he said, adding that it would take up about two-thirds of the park, stopping short of the hill used for winter sledding.

He said that he told Tourt that he walked all of the other parks and “there’s no other true park in Batavia other than Centennial that will give you a disc golf course that will bring anyone to it.”

CENTENNIAL? PAR FOR THE COURSE

Boyd said his nine-hole course works so well at Centennial Park because of the abundance of trees.

“You can set trees up in a fairway to make it more difficult hole. You can make holes so much shorter as long as the trees make it more difficult,” he explained, showing a printed Google map of the proposed course. “A few friends and I have placed portable baskets at the park and played the course a few times, and it works out great.”

He said the first hole starts at the corner of Park and Ellicott and is angled inward toward the park to avoid the road – a par 3, 300-foot shot. He said he tried keep everything away from the roads to avoid any possible danger.

“It works down Park Avenue for two of the holes and the third hole comes back toward the center of the park. The fourth hole goes about 50 feet short of the walkway and hole five brings you back down to the middle of the park,” he said.

“Six and seven are in the middle of the park, eight brings you to the outside and hole nine is up at the corner of Richmond and Ellicott and brings you down to where you first started.”

He said the average hole length is about 225 feet.

Hartland Park in Bergen has a nine-hole course that is similar to the one Boyd has drawn up. There, he said, disc golfers coexist with those walking their dogs and using the park for other purposes.

“There was opposition at first from people saying they didn’t want discs thrown in their backyards,” he offered. “That’s not the case anymore because people realize that the disc golf community is a good community, and there’s really no true harm in it. And people still walk their dogs there; I see them while I’m playing.”

COUNCILPERSON-AT-LARGE WEIGHS IN

Councilperson-at-Large Robert Bialkowski said he has been trying to educate himself about disc golf, talking to managers and officials at Darien State Park, Beaver Island State Park on Grand Island, and Lincoln Park in Buffalo – places that offer the activity.

He said the consensus is to have these courses away from the general public.

“The manager at Darien Lakes State Park said they have it on trails that aren’t used much,” Bialkowski said. “And the discs aren’t Frisbees; they’re special discs for different uses – short range, long range. If you get hit by one, it’s going to sting.”

He also said courses should be equipped with trash cans and some need additional landscaping to make them work.

“The manager at Lincoln Park said they have an 18-hole course that used 16 to 20 acres and it works out pretty well, except for one part that is near a picnic area,” he said.

Bialkowski explained that Batavia’s smaller neighborhood parks may be able to support a disc golf course, but noted that baseball and other athletic fields have taken space that previously was used for walking and hiking.

GCC COULD BE A POSSIBLE SITE

As far as Centennial Park is concerned, he said citizens have spoken, they enjoy the park as it is and Council has rendered its decision.

“Being an at-large councilman, I represent all of the citizens of the city,” he said. “We have to do our homework. I’m disappointed that Mr. Boyd isn’t satisfied with our process, but that’s the way it is.”

Jankowski said that he heard there was movement toward putting a disc golf course at Genesee Community College and encouraged Boyd to look into that as well as other possibilities.

“There might be better options out there and I find it interesting that he is so focused on one area and not any other opportunities that might be even better,” he said. “Let’s look into it.”

Boyd, in response, said he is aware of a course proposed for GCC and is assisting those who are spearheading that effort as well.

"They were having problems with finding funding and I’m now working with them to get the funding and quotes for the baskets, tee pads and signs with the people I have connections with," Boyd said, adding that it opens up the prospect of having disc golf courses in both the town and city. 

Previously: Residents speak out against disc golf at Centennial Park

Photo at top: Phillip Boyd, wearing his disc golf jersey, displays his plans for a course that he hopes will find its way to the City of Batavia. Photo at bottom: The course that he designed for his preferred destination -- Centennial Park, which has been removed from consideration by City Council. Photos by Mike Pettinella.

The president of the Western New York Disc Golf Club LLC said the sport -- in the same manner as bowling, walking, bicycling and swimming – is an activity for people of all ages and skill levels.

“The great thing about disc golf is that anybody can go out and play it. You don’t have to be the college athlete; you can do it for exercise, to have some fun with your friends or you can get into the competitive side of it. It has different functions for different people,” said Jeremy Hoeltke, of Grand Island.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree criminal contempt and trespass. He was arrested July 15 for allegedly violating a stay away order of protection and arraigned in Pembroke Town Court. It is alleged that at 7:42 a.m. on July 10 on Gabbey Road that Leroy violated the order of protection by speaking to his neighbor and trespassing on his property. He was released after arraignment under supervision of Genesee Justice and is due back in Pembroke Town Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy James Stack.

Tracy Marie Pocobello, 48, of Akron Road, Pembroke, is charged with third-degree criminal mischief. At 11:45 p.m. on July 15, she was arrested. It is alleged that at 8:05 p.m. on June 29, she intentionally damaged property belonging to another person. Pocobello was released with an appearance ticket for Pembroke Town Court on Aug. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kyle Krzemien.

Amanda Marie Bowles, 35, of West Main Street Road, Batavia, is charged with fourth-degree grand larceny. On July 14 at 4:56 a.m. Bowles was arrested in connection with an incident that occurred at 1 p.m. on July 11 on West Main Street Road in Batavia. She was issued appearance tickets and is due in Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Jonathan Dimmig.

Photo: Genesee County and Town of Batavia crews are working to replace culverts along South Main Street Road and Wortendyke Road – a project that is expected to take about six weeks.

During that time, the South Main Street Road will be closed to motorists heading west about three-quarters of a mile from the Wortendyke Road intersection and at the intersection for those traveling on Wortendyke Road.

Photo by Mike Pettinella.

Town of Batavia zoning officials are putting Borrego Solar System LLC on notice to replace the dead trees and come up with an approved planting/seeding plan in the wake of insufficient screening around solar farms on West Main Street Road and Batavia-Elba Townline Road.

Daniel Lang, building inspector and zoning officer, today said his department is conducting walk-throughs at a pair of side-by-side solar arrays at 3104 and 3232 W. Main Street Road and another at 5230 Batavia-Elba Townline Road.

“We’ve got a lot of trees at those sites that are browned out and dead that the developer (Borrego Solar) needs to replace prior to issuing any certificate of compliance,” Lang said.

“Plus, they still have to get all of their planting and seeding plans approved by (Genesee County) Soil & Water (Conservation District). We need to make sure the seeding mixture will take and grow underneath all of the panels.”

The solar panels are on the property of Fred Bowman and Mary Anne Forgie (West Main Street Road) and Daniel Underhill (Batavia-Elba Townline Road).

Lang said he has talked to developers of all solar farms in the town about the need to have proper screening.

“We’re going to keep moving forward with this,” he added.

Photo: View of solar panels on West Main Street Road (Route 5), west of the Wortendyke Road intersection. Photo by Mike Pettinella.

Although the date is a bit late in the construction season, Buffalo developer Sam Savarino nonetheless is relieved that the New York State Office of Homes and Community Renewal finally has scheduled the financial closing for the Ellicott Station project.

Ellicott Station, part of the City of Batavia's $10 million Downtown Revitalization Initiative program, is the name given for the redevelopment of the former Soccio & Della Penna and Santy’s Tire Sales properties on Ellicott Street.

“On Thursday, the HCR board met and approved the closing date for October 15^th,” Savarino said this morning.

When asked if he was hoping for a summer date, he said yes, but quickly pivoted to a “here’s what comes next” mode.

“We’re making our plans to get going, so the day we close, we’re out there working,” he said. “I’m hoping that we get our remediation done in the fall, which is a big step for us. We’re planning to do that right now.”

The closing with HCR involves filing of the documents pertaining to the low-income housing tax credits and additional subsidies awarded to the project.

Savarino said the state agency is providing $1.2 million per year for 10 years in low-income housing tax credits – incentives that are tied to the developer securing an investor or investors to back the project.

As previously reported, the apartments are geared toward a mixed-use workforce with a $30,000 to $40,000 salary range for tenants.

HCR also has granted subsidies of around $5 million.

“We make what’s called a unified funding application with the state. The state assesses your request and they grant it,” he said. “You’re asking for the low-income housing tax credit (based on a formula) and you’re asking for additional subsidies that the state has to approve to aid those projects because the low-income housing tax credits are not enough. When you get the award, you get both of those.”

Savarino said he would like to get on the site prior to the closing date to start some of the abatement in anticipation of the demolition work, but that is subject to HCR approval.

He also confirmed a July 21^st closing date with the Genesee County Economic Development Center to finalize the tax exemption and Payment in Lieu of Taxes agreements.

The GCEDC Board of Directors approved nearly $3.7 million in benefits for the $22.4 million DRI project, which calls for renovation and construction of more than 72,000 square feet on 3.3 acres in the Brownfield Opportunity Area.

Plans include the development of 55 apartments as well as office, retail and entertainment space, leading to the creation of an estimated 30 full-time equivalent jobs.

Incentives from the industrial development agency include $850,000 in sales tax exemptions, $200,000 in mortgage tax exemptions, and $2,105,952 in property tax exemptions.

Additionally, the project will be receiving an estimated $529,492 in Batavia Pathway to Prosperity PILOT increment financing related to cleanup and site work investments on the targeted brownfield site.

GCEDC Marketing Director Jim Krencik said that the project will generate $6.10 for every $1 of public investment, including DRI funding.

Contacted this morning, Batavia City Council President Eugene Jankowski Jr. said, "Understanding the delays with COVID and various other funding delays, I'm glad to see that it's finally going to move forward. I think everybody in the community is glad to see that it finally is going to move forward."

Batavia Development Corp. President Lori Aratari could not be reached for comment.

Local professionals in the field of substance use prevention and treatment are applauding the New York State Office of Addiction Services and Supports launching of a new “Connections” campaign acknowledging the significance of social relationships in the fight against addiction.

On Tuesday, OASAS announced the start of a campaign that will run through the end of August designed to encourage those affected by addiction to use their connections to friends, family members, health professionals, and other organizations as a means to find help and support in their treatment and recovery.

Partial funding of the campaign is a result of an award to the state through the federal State Opioid Response grant.

“Staff here at Genesee/Orleans Council on Alcoholism and Substance Abuse are keenly aware that social connections with family and friends are vital for a person’s recovery,” said Shannon Ford, GCASA's director of Communications and Development. “When we had to close The Recovery Station to the public due to COVID, it was devastating.”

Ford was speaking about the facility at the former Bohn’s Restaurant on Clinton Street Road that serves as a social gathering place for those in recovery. With COVID-19 restrictions lifted, it since has reopened for programming on a regular basis.

“Now that it's open again, you can see how great of a resource it is. People are coming every day,” she said, adding that GCASA’s day-to-day support has continued at its residential treatment settings.

When talking about the prevention aspect of substance use education, Ford also mentioned the importance of family and peer connections.

“With so much isolation, people are more likely to cope by using alcohol or other drugs. Kids weren't able to see their friends or go to school. The lack of connection took its toll on the mental well-being of our community members,” she said.

Rosalie Mangino-Crandall, GCASA’s director of Project Innovation and Expansion, pointed to the summer camp in July and August being offered by the agency’s drop-in childcare center for clients.

“GCASA clients already could use the childcare center at no cost for up to three hours per day for any kind of GCASA appointment or service and with prior approval from the childcare supervisor,” she said.

Those activities, all critical to the recovery process, include mutual aid meetings, any other kind of healthcare appointment, court, accessing domestic violence or veterans services, Department of Social Services appointments and job interviews.

“During the mini-camp, clients can actually bring their kids to the center for up to three hours a day for any reason at all -- including just for the fun of attending the activities and being with other people,” Mangino-Crandall advised.

In a press release issued by OASAS, Lt. Gov. Kathy Hochul stated the “Connections” campaign “not only helps get the word out on lifesaving resources and services for New Yorkers who are battling addiction and substance use disorder, but is also a reminder that help is available to find a better and satisfying life.”

Campaign content will run online on social media and streaming audio. Public Service Announcements will also be seen on billboards, city buses, subways, and the Staten Island Ferry with messages addressing the importance of connections and personal well-being, in addition to focusing on opioid overdose prevention and the use of naloxone to save lives.

New Yorkers are also encouraged to focus on the value of connections and how they help to foster the best outcomes for overcoming addiction and finding a better and satisfying life.

The “Connections” campaign also raises awareness about the risks of overdoses due to the presence of fentanyl in other illicit substances. Fentanyl is a lethal opioid that has been detected in other illicit substances such as heroin, methamphetamine, cocaine, and ecstasy, which can result in overdoses and fatalities.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369), or by texting HOPENY (Short Code 467369).

A Pembroke woman arrested earlier this year after more than 15 animals were found at her home on Akron Road in Pembroke in poor health entered a guilty plea in Pembroke Town Court to one count of animal abuse/failure to sustain under New York's Agriculture and Markets Law.

Lori Ann Adolf, 47, also entered a guilty plea to endangering the welfare of a child.

Both charges are Class A misdemeanors and could carry a maximum jail term of one year each, but under terms of the plea agreement, Adolf will likely be sentenced Oct. 13 to three years probation.

During those three years, Adolf cannot own, purchase, breed, or work with any animal of any kind.

The state does not have the authority to order her to own or keep animals for any period of time she's not on probation.

As part of the plea, Adolf also agreed to sign over six more dogs and two cats to the Genesee County Animal Shelter. Those animals are now available for adoption and as of yesterday had not been spoken for by any potential new owners.

Previously, Adolf had surrendered seven of the dogs to the shelter. 

Adolf will also be under the terms of a no-offensive-conduct order of protection in regard to the minor involved in the case.

She must also continue mental health and substance abuse care.

Previously:

• Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions
• Pembroke woman pleads not guilty to animal abuse charges, asks to keep 3 dogs and 2 cats
• Seven dogs going to new homes while criminal case against former owner remains pending

Photo: File photo of one of the dogs that had been in Adolf's care after being housed at the Animal Shelter for a few months.

And they’re off!

Well, not quite yet as opening night of harness horse racing at Batavia Downs is a week away, but the thought of having fans back at the Park Road facility is music to the ears of Live Racing Director/General Manager Todd Haight.

“Now that we’re past our COVID issues, I hope, we’re excited to get our fans back,” Haight said today in an interview with The Batavian.

The 59-date schedule at the venerable half-mile oval that opened 81 years ago kicks off on July 21 with a NY Sire Stakes card featuring 2-year-old filly trotters. Post time for the first race is 6 o’clock.

Haight (photo above) said horse racing isn’t the same without the cheers of the crowd as the competitors come down the home stretch.

“Last year, we went the entire season without any racing fans, except some in the clubhouse eating. However, our apron was bare for the whole year and I cannot tell you what a different feeling that it is -- not having fans here,” he offered.

“How quiet this apron was and how quiet the enclosed grandstand was. So, that’s the big thing: We can’t wait to see our fans, especially in July and August when we get tremendous crowds.”

Haight, who has worked at Batavia Downs since 1974 (he said retirement isn’t too far away), said he is excited about several promotions, including videos of live racing on the track’s YouTube channel, as well as a couple of new “jackpot” wagers.

LIVE RACES TO BE SHOWN ON YOUTUBE

“We’re going to show every race live on our Batavia Downs YouTube page. I think people are really going to enjoy that,” he said. “We always get asked how can we watch the races, so now you can come here and watch them or go to an OTB (Off-Track Betting parlor) and watch and also on Batavia Bets (the Downs’ interactive online wagering platform).”

He also revealed that the Downs’ website will feature the daily racing programs for the entire season.

“This is more for the people that aren’t able to come to the track. Those who come to the track are still going to buy a program, and there’s a $5 free play (to the casino) in it, so you spend $2 and you get $5 back.”

Downs’ officials are placing a priority on building their simulcasting network, Haight said, adding that more access to the races through simulcasts at other racetracks, OTB locations and other online wagering platforms is key to reaching his goal of topping last season’s record handle.

“We know that when we’re able to put up a couple of program pages (on the website) when we have a guaranteed pool, we see a bigger handle,” he said. “I think by putting the entire card on every night, we’re going to see a difference in our wagering pools – be it our win pools or trifecta pools.”

GAMING COMMISSION ADDS JACKPOT BETS

Over the winter, the New York State Gaming Commission approved two new wagers -- Jackpot Pick Six and the Jackpot Super High Five.

“These are new to New York and us, although they are not new to other parts of the country,” Haight said. “We’ve seen tremendous pools at tracks – up to $200,000 -- that have been allowed to take these bets.”

He explained how they work:

Jackpot Pick Six – The bettor has to pick the winners of races six through 11, and the bet is only 20 cents.

“To win the jackpot portion you have to have the only ticket. If there’s more than one ticket, the jackpot portion of the pool carries over to the next day. So, as the favorites win over 40 percent of the time at harness tracks, it’s not easy to have the only ticket,” Haight explained.

“If more than one winner, those bettors will win something, but the jackpot segment of the pool carries over. We could see pools here that we’ve never seen since WROTB (Western Regional Off-Track Betting) purchased the track in 1998 and reopened in 2002.”

Jackpot Super High Five – Calling it “the superfecta on steroids,” Haight said the bettor has to pick the first five horses in the last race of the night (which will have nine horses instead of the usual eight).

“Again, that makes it a little bit tougher to win, and the jackpot carries over with this bet as well,” he said.

PROMO TIE-INS WITH THE CASINO

Haight said the track is big on promotional links with Batavia Downs Gaming.

“I don’t see any other tracks doing that,” he said. “We have a match play promotion where if you wager $25 on the horses, you go up to the gaming window and they give you $25 in free play. You have to earn five points to get that offer.”

He also mentioned an early bird daily double where those who wager $10 on the early double receive $10 back in free play. And, again, all of the racing programs come with a $5 free play to the gaming floor, and programs are free on opening night.

“We integrate as much as possible,” he said. “Even in the clubhouse, you purchase an entrée and we give you $10 back in free play.”

The Downs once again plans to operate in conjunction with the Breeders Cup, which is set for 3:15 p.m. on Saturday, Nov. 6.

“The Breeders Cup is in California so it’s a little bit later start for us on the East Coast,” Haight said. “What we do is run two live races here in between each race of the Breeders Cup, which usually are run every 45 minutes. All told, I think there are nine Cup races and there will be about 11 races here.”

HORSE NUMBERS DOWN, PURSES UP

The Western New York Harness Horsemen’s Association, led by Administrative Director Bruce Tubin, continues its longstanding connection to Batavia Downs. WNYHHA drivers and trainers will be wrapping up their season at Buffalo Raceway this Saturday.

“We have a great relationship with the horsemen,” said Haight, noting that purses, race dates and other matters are subject to negotiation with the union.

He said that purses are going up by 10 percent this year to start the season and he anticipates another 10-percent increase in September or October due to record numbers being generated at the casino.

“We’ve had three $20 million weeks in a row. The better the casino does, the better for the horsemen. Creates more purse money,” he said.

With only 153 horses expected to be stabled at the track, Haight said he’s figuring on 10 or 11 races (all are set at a mile) per card – a couple less than what he would like to see.

As far as leading horses and drivers, he said that Black is Back, the No. 1 horse over the past two years, is expected to return. Top drivers include Drew Monti, Dave McKnight III, Ray Fisher and Billy Davis, while successful trainers include Jerry Sarama and Jack Rice.

HAIGHT: TRACK IS IN TIP-TOP SHAPE

The racing director said 1,100 tons of new stone dust has been applied to the track and the turns have been banked again, resulting in excellent conditions this season.

“We also put the passing lane back in this year,” Haight said. “Some people like it and some people hate it. It does change the style of racing a little bit.”

The passing lane is the inside lane of the track, which provides a route to keep horses from getting boxed in as much, he said. “I’ve got mixed feelings on it but the horsemen seem to want it."

Haight said his crew is doing a “great job to get us ready.”

“It’s a total team effort. A lot has to be done to get a track ready to race; we’re painting the tote board, trimming bushes, and have been working on the track and paddock since April.

Batavia Downs is one of seven harness tracks in the state. The others are Buffalo, Tioga, Vernon, Saratoga, Yonkers and Monticello.

SCHEDULE INCLUDES SOME MATINEES

The complete Batavia Downs racing schedule for 2021 is as follows:

Night, 6 p.m. – July 21, 24, 31; Aug. 7, 14, 21, 28.

Twilight, 5 p.m. – July 26, 28; Aug. 4, 11, 18, 25; Sept. 3, 4, 10, 11, 15, 17, 18, 22, 24, 25, 29; Oct. 1, 2, 6, 8, 9, 13, 15, 16, 20, 22, 23, 27, 29, 30; Nov. 3, 5, 10, 12, 13, 17, 20, 24, 27; Dec. 1, 4, 8, 11.

Matinee, 1:15 p.m. – July 25; Aug. 1, 8, 15, 22, 29; Sept. 6 (Labor Day).

Breeders Cup, 3:15 p.m. – Nov. 6.

The Downs will host NY Sire Stakes races on three consecutive Wednesdays – July 21 (2-year-old filly trotters), July 28 (3-year-old colt pacers and 3-year-old colt trotters) and Aug. 4 (2-year-old colt trotters).

Clyde Davonta Hoskins Jr., 29, of Genesee Street, Buffalo, is charged with: criminal possession of a weapon in the second degree -- a loaded firearm; criminal possession of a stolen property in the fourth degree -- a firearm; and tampering with physical evidence. On Tuesday, July 13, Hoskins was arrested after an investigation into a loaded pistol being located in a chicken coop at midnight on Aug. 8, 2020 on Route 237 in the Town of Stafford. He was arraigned in Stafford Town Court at 1:20 p.m. yesterday and released under supervision of Genesee Justice. He is due to return to Stafford Town Court on Aug. 12. The case was investigated by Genesee County Sheriff's Investigator Kevin P. Forsyth.

Brian Michael Raphael, 33, of East Main Road, Batavia, is charged with petit larceny. At 3:45 p.m. on July 12, Raphael was arrested after being located by Genesee County Sheriff's deputies after fleeing Walmart. He allegedly stole merchandise from the store. He was processed at the jail and released on an appearance ticket. He is due in Town of Batavia Court on July 20. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Representatives of the City of Batavia Police Department, Genesee County Health Department, Genesee/Orleans Council on Alcoholism and Substance Abuse and Greater Rochester Health Foundation and the home office of the nationwide Police Assisted Addiction & Recovery Initiative offered their congratulations and support to the City of Batavia Fire Department on becoming the first fire agency in New York State to participate in the program.

Allie Hunter, executive director of PAARI, was the keynote speaker, traveling from her Boston area office to the Batavia FD headquarters to address about 45 people in attendance at the kickoff event (which was planned for last spring but canceled due to COVID-19).

Other speakers were Batavia PD Assistant Chief Chris Camp, Public Health Director Paul Pettit, GCASA Executive Director John Bennett, GCASA Peer Recovery Coach Melissa Vinyard and GRHF Senior Program Officer Monica Brown.

Vinyard gave a moving testimony of her road back from addiction to become someone who now supports others seeking help.

Greg Ireland, Batavia FD captain, provided the welcome while Christen Ferraro, coordinator of the GOW Opioid Task Force, a driver of the program, delivered closing remarks.

Known locally as Public Safety Assisted Addiction & Recovery Initiative, due to the fire department’s involvement, the program provides support and resources to help law enforcement agencies nationwide create non-arrest pathways to treatment and recovery.

The video created by Howard Owens, publisher of The Batavian, captures the full scope of PAARI – its origins, mission, outreach and impact it has had upon the lives of those struggling with substance use disorders and in need of recovery.

Wade Jared Murphy, 48, of Francher Road, Clarendon, is charged with: second-degree strangulation; first-degree unlawful imprisonment; and third-degree assault. At 5:35 p.m. on July 12, Genesee County Sheriff's Deputies responded to Sunset Parkway in the Town of Oakfield for a reported physical altercation. After an investigation, Murphy was arrested. The parolee allegedly held a female against her will and strangled her. He was arraigned in Oakfield Town Court and put in GC Jail without bail. Murphy is due in GC Court at a later date, unspecified. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Nicholas Chamoun.

Mathew W. Ianiro, 26, of Le Roy, is charged with: driving while intoxicated; felony aggravated unlicensed operation of a motor vehicle; reckless driving; speeding over 55 mph; operation in violation of conditional license; consumption of alcohol in a motor vehicle; and consumption of cannabis in a motor vehicle. A traffic complaint led to Ianiro's arrest on July 9 in the Town of Warsaw. It is alleged he had been forcing other vehicles off the roadway. Wyoming County Sheriff's deputies responded to a report of an erratically driven vehicle that had just entered Route 19 in the Town of Covington. Deputies intercepted the vehicle on Saltvale Road at Burke Hill Road in Warsaw. Following a traffic stop, Ianiro  was found to be the operator and sole occupant. He was also allegedly found to have open bottles of liquor and concentrated cannabis inside his vehicle and it is alleged he exhibited signs of alcohol impairment. The driver was also found to have a NYS Conditional Driver's License from 2020 that was suspended for driving while ability impaired by alcohol. It is alleged he performed poorly on field sobriety tests and he was taken into custody when his vehicle was towed from the scene. He was transported to the Wyoming County Sheriff's Office for a chemical breath analysis. He was arraigned in Warsaw Town Court and his driver's license was suspended. Ianiro was released on his own recognizance in compliance with NYS Bail Reform. The defendant is due back in Warsaw court July 26.

Parker E. Payton, 22, of Pavilion, was arrested July 8 after a traffic stop on Wallace Road in the Town of Covington for having a revoked driver's license. Deputies familiar with Payton stopped him after observing him driving. He has two active revocations and two active suspensions, one of them a revocation due to a conviction for driving while ability impaired by drugs. Payton was arrested roadside and issued an appearance ticket for the charges of: aggravated unlicensed operation in the second degree; aggravated unlicensed operation in the third degree; and unlicensed operation. Payton is due in Town of Covington Court July 26.

A frequent contributor to the Batavia City Council scene is suggesting that a package deal combining the current Batavia Police Department headquarters and Genesee County Jail parcels may be the ticket to attracting a potential developer in light of the city’s intention to build a new police station at Alva Place and Bank Street.

City resident John Roach, during the public comments portion of the board’s Conference Meeting on Monday night at the City Centre, asked if anyone was talking to Genesee County leaders about their plan for the jail at the corner of West Main Street and Porter Avenue.

The county is exploring its options as it faces a state mandate to build a new jail, with a site near County Building 2 on West Main Street Road as the proposed location.

“You might get a better deal as a combined parcel,” Roach said. “Find out what they’re going to do and it could have an impact on what to do with the Brisbane building.”

The Brisbane building that he referred to is the former Brisbane Mansion at 10 W. Main St. that sits next door to the county jail. That building -- which may be eligible for classification as a historic landmark -- has housed city police for many years but has deteriorated considerably.

City Manager Rachael Tabelski, responding to Roach’s inquiry, said she thought it was a “great idea to speak with the county and understand their plans.”

“The front of the jail is certainly an amazing historic building that I hope would be preserved by the county through their transition, but I believe it hosts Genesee Justice and I don’t want to speak for the county and I’m not sure what they’re actually planning,” she said.

Tabelski also said she wasn’t sure if the timelines for a new county jail and new city police station would line up, but it was something worth looking into.

She pointed out the drawbacks with the Brisbane Mansion, notably that there is no American with Disabilities Act accessibility and there are problems with the layout that hinder the ability of the force to conduct day-to-day business.

“We went over the presentation two meetings ago and we looked at the timeline. The city has been wanting to address this for over 20 years,” she said. “We’ve come forward with a proposal and a feasibility study to use the parking lot at Alva and Bank Street.”

The city manager underscored the importance of finding a “reuse” for the building, adding that the city has no intention of moving staff into that structure.

“So, we’d like to pursue a path where we put it out for RFP to a developer to take that on and bring that on to the tax rolls,” she advised. “To do that in the best manner possible, you want to make your property attractive to the marketplace and by understanding all of the historical elements inside the building, and having technical assistance reports done of the structure itself and the historical elements …”

For those reasons, she forwarded a resolution – which was later passed by Council – to allow the Batavia Development Corp. to apply for a 2021 Consolidated Funding grant under the New York Main Street technical assistance program.

“I think it is City Council’s wish and I know it is the certainly the wish of many in our community to preserve that building as a historical element in our downtown,” she said. “… if (the grant is) awarded, we would go ahead and do that study. We had a plan to reuse the building at the time we move the police department.”

Tabelski said that the grant-funded study would uncover whether the building would qualify as a historic landmark.

If so, that could open the door for a NY Main Street grant, which the city has been successful in obtaining for the Eli Fish Brewing Co. building on Main Street and Theater 56 at the City Centre.

On another topic, Roach asked about the status of a road project to rehabilitate Harvester and Richmond avenues, which is scheduled for the summer of 2022.

Maintenance Supervisor Ray Tourt said it is currently in the design phase.

In May 2020, City Council appointed the engineering firm of T.Y. Lin International Group of Rochester to provide preliminary and advanced designs with the expectation that they would be completed by the summer of this year.

T.Y. Lin International Group was involved in the city’s Walnut Street Reconstruction Project, the Ellicott Street streetscape project and all of the Batavia Downtown Business Improvement District streetscape initiatives.

Batavian Robert Radley, PE, is the company’s senior vice president and U.S. East Region director.

Plans call for renovation of Richmond Avenue from State Street to Oak Street and for the entire length of Harvester Avenue (from East Main Street to Ellicott Street). City officials previously reported that 95 percent of the $2 million project will be covered by CHIPS (Consolidated Local Street and Highway Improvement Program) and Marchiselli Funding* streams.

Tabelski also reported that Jill Wiedrick, the new assistant city manager, will be starting on July 21, and the city is advertising for a permanent Department of Public Works director.

*Given the significant backlog of preservation, rehabilitation and replacement of transportation infrastructure needs that exist at the local level, NYSDOT has initiated a process with metropolitan planning areas and municipalities to revise and align local transportation planning and project selection processes with engineering and economic-based preservation strategies. As part of this initiative, NYSDOT will provide priority consideration for State matching funds, under the Marchiselli program, to federal-aid projects that embrace the Department’s asset management based preservation strategy. Municipally sponsored federal-aid projects considered to be beyond preservation treatments may be considered for Marchiselli funding on a case by case basis. Municipal requests for projects that are considered beyond preservation will be reviewed by NYSDOT’s Comprehensive Program Team (CPT).

Photo at top: Batavia Police Department station (former Brisbane Mansion); Photo at bottom: Front of Genesee County Jail, which currently houses Genesee Justice.