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Despite receiving prior assurances from several Batavia City Council members that Centennial Park was off the table as a possible location for a disc golf course in the city, representatives of the “Save the Park” committee weren’t taking any chances.

About 16 of them made their way to tonight’s City Council Conference Meeting at the City Hall Council Board Room, with five of those people urging the board to maintain the aesthetics of the 14-acre natural setting by finding another place to put a nine-hole disc golf layout proposed by Batavia resident Phillip Boyd.

On May 24, Boyd attended a City Council meeting, hoping to persuade local lawmakers to let him and other enthusiasts of the sport set up a course at a city park. At that time, he stated that his group preferred Centennial Park, which is surrounded by Ellicott Avenue, Park Avenue, Richmond Avenue and State Street.

In recent days, residents in that area inundated Council members with emails and phone calls – and had “Letters to the Editor,” signs and other forms of communication ready to publicize their views.

Fast forward to tonight, even before they had a chance to protest, Council President Eugene Jankowski Jr. informed them that Centennial Park is “off the list … and not even a consideration.”

Council Member Rose Mary Christian quickly remarked, “I’ll second it.”

Jankowski explained that the process of attempting to accommodate Boyd had just begun and required the “vetting process” involving police, fire and the Department of Public Works to see if it was a good fit for the city.

City Manager Rachael Tabelski added that she had spoken to Boyd, who said he understood residents’ concerns about having it at Centennial Park and agreed not to pursue that location.

“We may not have a park big enough” for a disc golf course, Jankowski said, but added that they will work with Genesee County officials to see if it could be situated somewhere else.

Council Member John Canale acknowledged that his phone and email “were on fire,” and appreciated the feedback, and also commended Boyd for “realizing it wasn’t a popular choice.”

“I hope we can find a spot for him,” Canale said.

Still, the Centennial Park supporters had come there prepared to speak and five weren’t leaving until they had their say.

Communicating that Centennial Park was established about 150 years ago in conjunction with the New York State School for the Blind, Ellicott Avenue resident Carl DeLuca emphasized that putting a disc golf course would occupy about two-thirds of the park.

“Those who have the freedom to choose an activity would be restricted to use of just one-third of the park’s area,” he said. “The proposed installation of disc golf would be a permanent impediment to the freedom of use for the general community.”

DeLuca, a retired teacher, mentioned several “negative impacts” of disc golf, including safety issues from the hurling of hardened plastic discs, excessive car parking, noise and large crowds.

“Also of importance are city budget constraints,” he contended. “This could mean that taxpayers would be unfairly burdened by paying for potential damages caused by a few.”

He cited articles that spoke of the unintended consequences of disc golf courses in inappropriate settings, with the demographics of those who participate in the sport mostly unconcerned of its environmental impacts.

Linda Daviau, who lives on Park Avenue, thanked Council for responding to her emails – “I really didn’t expect to hear from so many of you,” she said – but added that she wasn’t convinced that the board would have taken Centennial Park out of play “without hearing from so many citizens.”

She then shared a bit of history of the park, mentioning the NYSSB and the influence of Dean Richmond, and pointed out that for “over 40 years … we still enjoy seeing people enjoy the park.”

“The face of the park is great the way it is,” she concluded.

Judy Sikora, another Park Avenue resident, also thanked Council members and Tabelski for responding to the residents.

Stating that she had a petition with 150 signatures, Sikora spoke of Centennial Park’s grass and trees and “lovely flowing terrain” and called it a “lifesaver for many of us during COVID.”

“It really is a treasure,” she said. “Many cities would be envious.”

Sikora urged Council to not change the nature of what makes the park unique, and to continue the freedom of its use by all citizens.

She suggested finding a nonresidential area with adequate parking for the disc golf course.

“We’re not here to oppose disc golf but to support a park that we love,” she said.

Judy DeLuca, Carl’s wife, spoke of the health benefits of the park’s green space.

She referred to a National Institute of Health report that indicated that the use of urban green space was important to community health during times of stress, and asked Council members to take green space into account when they consider policy issues.

Finally, Karen Vasser of Lincoln Avenue said that her family has been part of that neighborhood for 67 years and that she has participated in the seasonal activities, including Picnic in the Park.

“We love this park,” she said, “and it deserves to be as pristine as it is today.”

Photo: Word that a disc golf course could be placed at Centennial Park prompted about 16 residents of that area in the northeast section of the city to find their way to tonight's City Council meeting. Photo by Mike Pettinella.

Melvin A. Huntley, 40, of Wilkinson Road, Batavia, is charged with: predatory sexual assault against a child; course of conduct against a child in the first degree; first-degree rape; first-degree sex abuse. Huntley was arrested after an investigation into him sexually assaulting a child/children over an extended period of time. He was arraigned July 8 in Town of Batavia Court and put in Genesee County Jail without bail. The investigation is ongoing and further charges are expected. No additional information will be released at this time. The case was investigated by Sheriff's Investigator Howard Carlson, assisted by Deputy Kevin Forsyth.

Donald Ray Read Jr., 49, of Mill Pond Road, Byron, is charged with two counts of criminal possession of a weapon in the third degree -- with a previous conviction; and criminal possession of a weapon in the third degree -- an explosive. At 10:09 a.m. on July 6, following the investigation into the alleged possession of a pipe bomb, Read was arrested on the charges. It is alleged that he possessed a knife with metal knuckles on the handle and a separate set of metal knuckles. He was arraigned in Stafford Town Court for Byron Town Court and put in Genesee County Jail. Read is due in Byron Town Court this afternoon at 4 o'clock. Assisting with the investigation was the GC Sheriff's Office Criminal Investigation Division, the GC Drug Enforcement Task Force, the ATF, FBI, Erie County Sheriff's Office Bomb Squad, and the GC Probation Department.

Brandon Dodd, 34, is charged with second-degree burglary and petit larceny stemming from an investigation into a residential burglary at 8:22 a.m. June 28 on Swan Street, City of Batavia. Dodd is accused of entering another person's apartment and stealing property including an air conditioner and television. This burglary occurred about four hours after Dodd's arrest for stealing an air conditioner from another property on Jackson Street. Dodd was put in Genesee County Jail on $5,000 cash bail, $5,000 bond, or $10,000 partially secured bond.

Brandon Dodd, 34, is charged with petit larceny. It is alleged that at 6:39 p.m. June 29 that Dodd entered a business on East Main Street in Batavia and stole about $300 worth of cigarettes. He was issued an appearance ticket while incarcerated in GC Jail on unrelated charges. He is due in Batavia City Court on July 27 to answer this charge. The case was handled by Batavia Police Officer Kevin DeFelice.

Brandon Dodd, 34, is charged with criminal possession of a controlled substance in the seventh degree. At 4:42 a.m. June 28, Dodd was arrested on Ganson Avenue after an investigation into an allegation that he took an air conditioning unit out of a window on Jackson Street in the City of Batavia. While being searched by a Batavia Police officer, a crack pipe was allegedly found on Dodd's person.

Ernest J. Parry, 40, is charged with trespass. He is alleged to remained on the premises of a business of Park Road in Batavia at 10:20 a.m. July 2 after being told to leave by security staff several times during out outdoor concert. He was issued a ticket to be in Batavia City Court July 13, no time provided, then released.

Andrew Martin, 43, is charged with second-degree criminal contempt. He responded to BPD headquarters at 5:04 p.m. July 3 and was issued an appearance ticket after an alleged violation of an order of protection. He is due in city court on July 21.

Tierance Davis Sr., 34, is charged with second-degree criminal contempt. He was arrested on a warrant out of Batavia City Court stemming from an incident June 9 in which he was allegedly located at a residence of a person who had an order of protection against him. He was released under supervision of Genesee Justice and was due in court today (July 12); time not provided.

Michael Jackson Jr., 40, is charged with: second-degree assault; third-degree assault; second-degree strangulation; criminal obstruction of breathing; and unlawful imprisonment in the first degree. He was arrested July 2 in connection to an incident at 1:30 a.m. on June 10 on Hutchins Place. He was located by Greece PD with two warrants for his arrest out of Batavia City Court. He was arraigned in city court, held at GC Jail and is due to return to city court on July 29.

Robert Gerety, 48, is charged with aggravated family offense. He was arrested at 9:48 p.m. Feb. 28 on West Main Street, Batavia. He responded to Batavia PD headquarters on his own accord after allegedly violating a stay away order of protection while involved in a traffic stop. He was arraigned in Batavia City Court July 2 then released on his own recognizance.

Samantha Lawrence, 31, is charged with second-degree criminal contempt. She was arrested June 29 after an investigation into an incident at 10 a.m. June 27 in which she is accused of violating an order of protection. It is alleged that she showed up to a protected party's workplace and that she had contact with the protected person. She was issued an appearance ticket to be in Batavia City Court on an unspecified date.

Christopher J. Wiegman, 32, is charged with criminal possession of a controlled substance in the seventh degree -- criminal possession of a hypodermic needled. Wiegman was arrested July 3 at 10:12 a.m. in Bergen stemming from an incident May 10 on Raymond Avenue following the results of a drug report from the Monroe County Crime Laboratory. It is alleged that he possessed nine hypodermic needles and cocaine residue after a Genesee County Probation home search. Wiegman is due back in Batavia City Court on July 20.

Rae Cook, 32, is charged with second-degree harassment. She was arrested at 1:55 p.m. July 6 on North Lyons Street in the City of Batavia following an unspecified incident. Cook is due on July 27 in city court.

Crystal Marsceill, 40, is charged with petit larceny. Marsceill was arrested at 4:22 a.m. June 28 following an incident outside a Batavia residence on Jackson Street. The defendant was issued an appearance ticket and is due in Batavia City Court on July 13.

Jose Castro, 36, is charged with unlawful possession of fireworks.He was arrested at 8:30 p.m. on June 29 on Willow Street in the City of Batavia after allegedly setting off fireworks. Castro was issued an appearance ticket  for a later date, unspecified, in city court.

Matthew Zakrewski, no age provided, is charged with obstruction of governmental administration. Zakrewski was arrested on a warrant stemming from an incident at 9:26 p.m. June 28, 2019, on Osterhout Avenue in the City of Batavia. The original charge is based on an incident where the defendant allegedly fled from officers in an attempt to avoid arrest. He was scheduled to appear in Batavia City Court on July 6.

Jon Charles Brooks, 51, of Vroom Road, Spencerport, is charged with: aggravated DWI: per se -- with a BAC of .18 percent or more -- no priors; driving while intoxicated -- first offense; and failure to keep right on a two-lane road. At 3:18 p.m. on July 10 on Clinton Street Road in Bergen, Brooks was arrested after a traffic stop for a vehicle and traffic law violation. He is due in Town of Bergen Court on Aug. 4. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Sgt. Andrew Hale.

Gregory Solomonidis, no age provided, is charged with driving while intoxicated. He is accused of driving while having a BAC of .08 percent or more at 5:02 a.m. July 3 on East Main Street in Batavia. During the investigation, it was allegedly revealed that he was involved in an altercation and that he was intoxicated. Solomonidis was arrested, then issued traffic tickets and released.

John Wesley Harding, 64, of West Bank Street, Albion, is charged with petit larceny. Harding was arrested at 3:40 p.m. July 9 at Walmart in Batavia after deputies responded there for a reported larceny complaint of $27.72 in merchandise. He was issued an appearance ticket and is due in Town of Batavia Court on July 26. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Governmental leaders in the towns of Darien and Pembroke and Village of Corfu say they will be putting their heads together to determine how to proceed in connection with Genesee County’s new sales tax and revenue distribution proposal.

“We will be having a discussion in the coming days,” said Pembroke Town Supervisor Thomas Schneider Jr. this morning as he contemplates the pros and cons of the county’s offer to either share a fixed $10 million in sales tax revenue with towns and villages, or a combination of sales tax and other revenue over the next 38 years.

As indicated in a story on The Batavian on Friday, Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein presented their plan to town supervisors and village mayors last Wednesday at a meeting at the Old County Courthouse.

The amended strategy currently boils down to two options:

• The first one being a $10 million annual distribution of sales tax revenue, contingent upon all the county’s towns and villages opting into an updated water supply agreement by mid-August;

• The second one being that without universal update water supply agreements, the county would allot $7 million in annual sales tax distributions and pass annual revenue distribution resolutions for another $3 million – minus water surcharges to the municipalities that do not opt in.

Darien, Pembroke and Corfu have yet to agree to the revised plan.

Schneider, noting that the Town of Pembroke is proactive in “generating as much new business growth as possible,” said it is vital for his town to receive as much as possible in sales tax and/or revenue sharing.

“However, I don’t really like the fact that it’s a locked amount for 38 years,” he said. “With that, we don’t get to share in the growth, and we do include sales tax revenue in our budgets. We really don’t have a lot of power since we can’t collect sales tax.”

He said he also would like to see changes in the county’s Smart Growth plan, mentioning situations where some property owners are unable to hook into nearby water lines.

Schneider did acknowledge that the county is open to sharing more revenue over that period of time if conditions allow.

“I would think that if the county keeps more sales tax, then it would lower the tax rate or share more with the towns to take pressure off of the taxpayers,” he said, adding that Landers and Stein are scheduled to talk with Pembroke Town Board members at their workshop on July 22.

Darien Town Supervisor Steve Ferry Jr. mentioned that over the past 20 years, those three municipalities have been paying more for water than the other towns and villages due to the fact that the county has to buy water from Erie County “to supplement that because they can not move enough water efficiently through the county to get to us.”

“At this point in time, we’re paying $1.14 more (per 1,000 gallons) than what the rest of the county is paying,” he said, adding that no action has been proposed to provide an equalization rate to Darien, Pembroke and Corfu.

Ferry said that stabilization of the water rate would go a long way toward the Darien Town Board signing the new agreement.

“But as it stands, the agreement is a little tilted unfairly for the western side of the county,” he said.

Stein said that she spoke with Ferry over the weekend to clear up any misconceptions that he may have had.

“In a sales tax agreement, a distribution has to be straightforward and there can be no reductions to make the county whole for that water surcharge. There’s no allowance for that in a sales tax agreement per the (state) Comptroller,” she said.

As far as the $3 million figure set aside for voluntary revenue sharing based on the taxable assessed value of all the municipalities, Stein said that amount ensures there will be enough to secure the water surcharge from Darien, Corfu and Pembroke and the growth going forward for 38 years.

Stein said the county has to make sure it can make the debt payments on the bond due to the Monroe County Water Authority for bringing more water into the county as “unfortunately, there are still areas in our county that do not have access to public water.”

She said the most important aspect of the plan is that the county and City of Batavia are open to bringing towns and villages back into the sales tax agreement.

“This means that they have, for 38 years, a foundation of funding for their communities that currently they do not have,” she said. “This is a big win for every single town and village, and it allows for flexibility far forward into our future.”

Previously: Genesee County leaders present plans to distribute $10 million in sales tax/other revenue to towns and villages

With it looking more and more as though a new City of Batavia Police Department headquarters will be constructed on the parking lot at Alva Place and Bank Street, city leaders are trying to figure out the best course of action for the current station at 10 W. Main St.

City Manager Rachael Tabelski, in a memo dated July 2, is recommending that City Council pass a resolution to support the Batavia Development Corp.’s submission for a 2021 Consolidate Funding Application under the New York Main Street technical assistance program.

The item is part of the agenda for Monday night’s City Council Conference and Business Meetings at the City Hall Council Board Room, starting at 7 o’clock.

Tabelski wrote that the grant, if received, would be used to hire a design firm “to prepare building reuse analysis, renderings and cost estimates for the reuse and rehabilitation of the historic former Brisbane Mansion.” That report would set the stage for the application of a future NY Main Street building renovation grant.

Per the memo, the BDC is interested in helping ensure proper historical renovation and restoration of the building,

CLICK HERE for a history of the Brisbane Mansion written in 2015 by Larry Barnes, city historian. Relocating the police force has been a topic of discussion even before that year.

Tabelski wrote that the goal is to find a private developer to purchase the property, rehabilitate it and eventually return it to the tax rolls.

Deadline for the CFA grant submission is the end of this month.

Phone calls to Sharon Burkel, chair of the City Historic Preservation Committee, for comment were not returned by the time of the posting of this story.

In a related development, replacement of the current police station’s flat roof is moving forward in the form of a resolution that, although not complete, provides City Council with an update on the project.

According to a memo from Maintenance Superintendent Ray Tourt to Tabelski dated July 1, the roof sections over the 1960s addition and over the rear vestibule have deteriorated to the point that the roof is no longer waterproof and the insulation has become saturated.

Last month, Council approved the use of $100,000 from the facility reserve fund to replace these sections.

Tourt advised that the Department of Public Works is in the bidding process and will recommend a contractor in the near future.

The resolution would authorize Council to award the contract to the responsible low bidder.

Other agenda items:

• Resolutions accepting a pair of awards from Genesee County STOP-DWI to the Batavia Police Department – one for $32,981 to fund enforcement nights, training, equipment/supplies and calibration/repairs related to driving while intoxicated enforcement and the other for $2,400 to fund high visibility checkpoints during the July 4 (which has passed) and Labor Day (Aug. 20 through Sept. 6) holiday periods.

• A public hearing concerning the application of a Community Development Block Grant to help fund an estimated $1.36 million project to replace 4- and 6-inch water lines on Jackson Street with 2,250 linear feet of 8-inch water main. Tabelski previously indicated that the grant, if received, could fund up to 90 percent of the project cost. Council is expected to vote on the resolution during the Business Meeting.

• A resolution to set a public hearing for Aug. 9 to formally (and finally) approve the rezoning of the 211 and 211 ½ E. Main St. parcels from P-2 (Planned Development) to C-3 (Commercial) to accommodate the Healthy Living campus project of the GLOW YMCA and United Memorial Medical Center. The City Planning & Development Committee recommended the rezoning for both properties on May 18 and June 15, respectively, stating that the C-3 designation is consistent with the city’s Comprehensive Plan adopted in 2017.

• A request from Batavia Brewing Co./Eli Fish Brewing Co. for an Oktoberfest celebration on Sept. 18, starting at 4 p.m., at Jackson Square. A 20- by 20-foot tent with a dozen picnic tables will be set up for the event, which will feature food, beverages and the sounds of The Frankfurters, (photo below), a German music band out of Buffalo that also is known as “The Best of the Wurst."

Deep in the Sierra Madre Mountains on the West Coast are the California Caverns, a cave system that twists in a 30-foot descent until it reaches an abrupt 180-foot drop.

Spelunkers can now safely -- relatively speaking -- reach the bottom of this otherwise-seemingly bottomless pit. What Park Rangers have found in this dark, dank chamber are skeletal remains dating back centuries. The bones discovered there are always those of adolescents who took one step too many while seeking adventure.

Robert Sapolsky, a neuroendocrinologist and professor at Stanford University, used this example of adolescent risk-taking in his book Behave: The Biology of Humans at Our Best and Worst.

Adolescents, research has shown, engage their prefrontal cortex less than adults when assessing risk.

By way of example, Sapolsky writes, "Researcher: 'How likely are you to have a car accident if you’re driving while drunk?' Adolescent: 'One chance in a gazillion.' Researcher: 'Actually, the risk is about 50 percent; what do you think your own chances are now?' Adolescent: 'Hey, we’re talking about me; one chance in a gazillion.' "

It's not just that adolescents do an inadequate job of assessing risk, but adolescent brain chemistry also drives them to seek more novelty and desire a close affiliation with peers.

That is one reason, perhaps, it is going to be difficult for local authorities to prevent another death -- and there have been at least 14 since 1870 -- at Indian Falls. 

The other issue is there is no clear answer as to who is responsible and accountable for what happens at Indian Falls. County officials and state officials have looked into it. There is no record of anybody -- not a private owner, not the government -- having title to that section of the Tonawanda Creek, even though it was once a site of grain mill wheels.

Former County Manager Jay Gsell said Indian Falls were a vexing issue for local officials throughout his 27 years running Genesee County. The last time during his career he and county staff looked into the issue was after Bradley Augustin drowned at the falls while celebrating his 22nd birthday. At that time, Assistant County Clerk Steve Grice researched the title for the land.  He found nothing. No former owner, no previous deed, no old tax map that assigned the property to anybody.

"We tried to find out, does anybody have the ability to assert legal authority over the property, to block all access? And the answer was no," Gsell said.

While private property abuts the falls on both sides and people often trespass on adjoining private land to get to the falls, the falls are also accessible from public land, notably Route 77 and its shoulders.

The property owners on the south bank of the Tonawanda Creek at the falls have been aggressive about trying to block access to the Tonawanda but those efforts at times have seemed futile. As for the state, neither Department of Transportation nor the Department of Environmental Conservation claimed state ownership of the land.

From the DEC:

The ownership of that section of Tonawanda Creek is unknown and would require a deed and title search at Genesee County to ascertain ownership. It is not DEC land. DEC enforcement jurisdiction in this area is the same as similar creeks throughout the state under the Environmental Conservation Law. For more information about trespassing laws for private land, please contact local law enforcement.

From the DOT:

NYSDOT would review any proposal from local officials to enhance safety along State Route 77 near the bridge over Tonawanda Creek. Guide rail is already in place and the surrounding area is posted for no trespassing.

The Log Cabin Restaurant overlooks the falls and the business is impacted anytime there is a rescue or recovery event at the falls. The owners have tried fencing and "no trespassing" signs.

A representative from the business said, "We have made our best efforts to keep people out of the dangerous swimming area."

In April, two months before Jacob C. Minnick, an 18-year-old championship diver from Lockport, jumped off the falls on June 17 and drowned, Barry Guthrie, a homeowner on the southside of the falls, wrote to the Pembroke Town Board. Over the course of a six-page letter, he outlined his efforts to try to keep kids from endangering themselves at the falls. He also offered to buy the falls so he could enforce private property rights at the falls themselves.

In 2020, he obtained a permit and built a 40-foot long fence with a locked gate at the main path from the restaurant parking lot across his property and to the falls. He said he still observed people in swimsuits, with towels and their own food and drinks, heading to the falls.

"These people were very persistent in getting down into the falls and were going around the fence's side perimeters," Guthrie wrote. "I secured a second building permit with the Log Cabin Restaurant owner to install two fence extensions on both side perimeters of the main fence."

That didn't stop people trying to get to the falls.

"People threw their bodies full force into the main gain and rotated the gate latch to open up the gate," he wrote. 

Would-be swimmers also used bolt cutters to defeat attempts to keep them from taking a fatal dive.

Throughout the season he tried numerous tactics to reinforce the fence but people continued to attack it. He installed trail cameras after four teenagers were rescued at the falls in July 2020. Even his cameras have been vandalized (he identified one local resident by name as a suspected culprit). With the cameras, he counted 33 trespass occurrences of four to five people each for a total of 140 possible trespassers.  

"During this time, people had no respect for my property even though I had multiple trespassing signs posted," he wrote. "People stole my trespassing signs. They also stole my chain with my trespassing sign still attached."

The only people he charged with trespassing were the four youths who had to be rescued. 

In one incident he took pity on the trespassers.

"I was at an anger level that I was going to charge everyone with trespassing," he wrote. "The police officer told me they wanted to talk with me and apologize and just get a warning. I was so upset that I didn't want to speak with them. Then the officer told me that one of the persons was in an internship with the Niagara Falls police department and another was in an FBI training program. Unbelievable! I didn't want to ruin their job potentials so I just let them all go with a warning."

Even with his efforts being circumvented at times, Guthrie estimates that he has stopped as many as 600 people from reaching the falls. 

The Town of Pembroke has also tried to do what it can to discourage people from going to the falls -- which is promoted on social media as a place for adventure -- by posting no parking signs on roads close to the falls.

Brian Frieday, chief deputy of road patrol for the Sheriff's Office, said officers are aware of the no parking signs and do what they can to maintain public safety.

"We do try to be proactive and check the area when not on other complaints," Frieday said. "Obviously, when patrols see cars parked illegally, that is a sign there are potentially people there. The illegally parked cars are ticketed and the patrols check for people at the falls."

Guthrie has researched the cost of putting up more fencing on public land around the creek, including DOT land, and he estimates it would cost $11,000.

At its June 25 meeting, the Pembroke Town Board discussed Guthrie's letter and was at least somewhat receptive to the idea of approaching the DOT about putting up additional barriers but at the same time, additional barriers aren't going to stop any youth determined enough to get to the falls.

"You can put up more fencing along the bridge but that isn't going to stop anybody from going down along state property, going around the fence," Supervisor Thomas Schneider said. "You can't put a fence in the waterway."

Guthrie's other idea: Work out a way either by contacting State Senator Ed Rath or a judge and getting clearance to buy Indian Falls for $1 and then he can enforce no trespassing on the falls.

That proposal was met with a bit more skepticism from Pembroke's elected leaders. First, they doubt such a purchase is even possible. Second, what would stop somebody else from offering more money for the property, or if at some time later, somebody comes along and offers an outrageous amount of money to Guthrie for his property?

The board seemed inclined to take no position on Guthrie's offer.

They did discuss the idea of putting up more warning signs.

Board Member Tom Dix said, "We could put up a sign at each end of the bridge that said so many people died here in the last 20 years, just a warning." 

Schneider said he has had similar thoughts.

"I thought about how to word it," Schneider said. "If you insist on going down here be sure to call your mother and say goodbye or something. I don’t know how to be tactful about it but get the point across."

The board didn't take any action after the discussion. Nobody said it, but there isn't a clear answer on what to do about adolescents taking a big risk with their lives at Indian Falls.

Further reading: A list of tragedies at Indian Falls going back to 1870 complied by the Town of Pembroke historian (pdf).

Photo: A reader-submitted photo from 2016 of a marker at Indian Falls placed in memory of Bradley Augustin.

Despite the efforts of state representatives in Albany, the Genesee County Legislature’s hopes for enabling legislation to remedy its sales tax and revenue distribution dilemma have been dashed by the Democratic majority in the New York State Assembly and Senate.

"Senator (Edward) Rath and Assemblyman (Steve) Hawley tried everything they could to make this happen, but their colleagues in the majority didn't agree," said Legislature Chair Rochelle Stein on Thursday night.

So, as a result, county leaders have come up with a plan on their own – actually two options depending upon buy-in to updated water agreements from all municipalities – to ensure equitable sharing of revenue to Genesee’s towns and villages.

On Wednesday, Stein and County Manager Matt Landers presented their solution at a meeting of town supervisors and village mayors at the Old County Courthouse.

The Batavian has attained a copy of the discussion outline, which includes the following two options that are on the table:

(1) Distribute $10 million annually to the municipalities in sales tax revenue for the next 38 years as long as all towns and villages sign updated water supply agreements by Aug. 13. As of today, the Towns of Darien and Pembroke and Village of Corfu have yet to sign.

OR

(2) Without universal updated water supply agreements, the county will allot $7 million for annual sales tax distributions to towns and villages, and pass annual revenue distribution resolutions for another $3 million, to allow for the equalization of water surcharge revenue.

SEEKING THE STATE’S HELP

Landers said the county’s current revenue sharing process has created a situation, per state law, where towns with villages inside them have to keep two separate books and have two separate tax rates – an A fund for townwide sales tax that affects everyone and a B fund for sales tax that only affects the services of taxpayers outside the village.

“(State legislation) would have fixed an accounting issue with towns that also have villages,” Landers said.

Unfortunately for the county, state lawmakers didn’t go for the idea.

“The enabling legislation that we were seeking during this last New York State session was to be able to allow the towns that had villages inside them to receive that revenue distribution into their B funds, which was the unintended consequence of revenue distribution,” Stein said. “That failed to get picked up in Albany.”

She said the majority in both chambers “felt the county of Genesee was trying to usurp the power of the state. Therefore, (they were) not interested in helping Genesee County fix that B fund revenue issue.”

ALL IN ONE BASKET?

Now, the county is looking to place all the municipalities back into the sales tax revenue pool.

“The risk to the county in putting everyone back into the sales tax is that we have that water surcharge to help pay for the big water – to bring it into the county,” Stein said. “Without having all 20 towns and villages sign on, we would then most likely get sued by the other 17 that are paying the surcharge – and we would deserve it, let’s put it that way.”

She explained that the $10 million figure that the county is committed to putting into the sales tax agreement would fix the unbalanced A and B tax rate in all but one town – “and that one, through some shared services, could happen very quickly. The $7 million would fix three.”

Should the Towns of Darien and Pembroke and Village of Corfu opt into the water agreement, the county would be able to distribute the $10 million in sales tax revenue to the towns and villages, with the amounts determined by the taxable assessed value of each municipality and equalization rates.

“If those two towns and one village decide not to opt in to the water agreement, the county – in order to equalize the surcharge of the $1.20 per thousand (gallons) for the water users – would have to go to revenue distribution without those three signed agreements (option 2 above),” Stein said.

Calls and emails to Darien Town Supervisor Steve Ferry Jr., Pembroke Supervisor Thomas Schneider Jr. and Corfu Mayor Thomas Sargent for comment were not returned at the time of the posting of this story.

Landers said that he plans to meet over the next couple weeks with government officials in those locations.

“We’re not looking to single out those municipalities,” he said. “I understand they are trying to do the best for their residents.”

A NEW SALES TAX AGREEMENT

In order to make this work, the county needs the Batavia City Council to agree to amend the 40-year sales tax agreement (there are 38 years remaining). The current agreement is only between the county and the city.

“This is a fix that the county has available to us; the county has no skin in this game,” Stein said. “The sales tax agreement is between the City of Batavia and the county, and those are the signatories still to this agreement. We are both amenable to fixing that unbalanced rural property tax situation.”

Landers pointed out that as things stand now, revenue distribution has to go to the town’s A fund; it is not allowed to go to the B fund.

“It would disproportionately hurt rural taxpayers – farms, rural landowners,” he said. “Genesee County legislators agree that unbalance taxation can not continue on rural property taxpayers. Going back to a sales tax model was the only option once the enabling state legislation failed.”

He also credited City Manager Rachael Tabelski for being amenable to revising the sales tax contract.

“It doesn’t impact the City of Batavia one penny, but they understand that if they amend the sales tax agreement it would help our town taxpayers. Rachael was absolutely 100 percent on board with doing this,” Landers said. “Sales tax instead of revenue distribution fixes the problem with rural taxpayers.”

HOW WILL IT WORK?

According to the plan outline, the proposed amended sales tax agreement between the county and city would be dated July 1, 2021 to limit the exposure of towns with villages accounting for voluntary revenue distributions incorrectly in their B funds.

Landers said that revenue distributions would be finished for this year ($5 million has been doled out through June 30), and that two quarterly sales tax payments totaling $5 million will be made before the end of 2021.

“Starting in 2022, quarterly payments totaling either $10 million or $7 million will be distributed. If it is the $7 million figure, then an additional $3 million in voluntary revenue distribution payments will be made,” he reported.

The timeline indicates that a draft of the new sales tax agreement will be sent to the state Comptroller’s Office for review by July 19, and a resolution to cancel the remaining payments for 2021 will be taken to the county’s Ways & Means Committee on July 21. The full legislature would consider that resolution a week later.

The goal is to have an amended signed sales tax agreement sent to the Comptroller by Sept. 14 for formal approval.

HOW MUCH WILL BE DISTRIBUTED?

Following are the projected amounts to be dispersed to the towns and villages, with the first figure based on a $10 million sales tax distribution and the second figure based on a $7 million sales tax distribution:

• Town of Alabama -- $407,659; $285,361.
• Village of Alexander -- $71,006; $49,704.
• Town of Alexander -- $398,581; $279,007.
• Village of Attica -- $28,333; $19,834.
• Town of Batavia -- $1,687,937; $1,181,556.
• Village of Bergen -- $198,962; $139,273.
• Town of Bergen -- $508,589; $356,012.
• Town of Bethany – $408,961; $286,273.
• Town of Byron – $461,621; $323,135.
• Village of Corfu – $137,653; $96,357.
• Town of Darien – $970,992; $679,694.
• Village of Elba – $106,620; $74,634.
• Town of Elba – $360,317; $252,222.
• Village of Le Roy – $718,277; $502,794.
• Town of Le Roy – $822,270; $575,589.
• Village of Oakfield – $199,387; $139,571.
• Town of Oakfield – $299,202; $209,441.
• Town of Pavilion – $543,151’ $380,206.
• Town of Pembroke – $1,020,483; $714,338.
• Town of Stafford -- $649,999; $454,999.

Concerned about setting a bad precedent, the Genesee County Planning Board on Thursday rejected a proposed public utility use variance for a solar project on farmland at 7120 Thwing Road, Le Roy.

County Planning Director Felipe Oltramari told Ty Baccile, project manager, solar development for Washington, D.C.-based CleanChoice Energy, that the company was going in the wrong direction requesting a public utility use variance.

"I think you skipped a step in not getting an interpretation from the (Le Roy) Zoning Board of Appeals," Oltramari said. "It falls under their jurisdiction to provide a definition for a public utility. If they determine you fall within that definition, then just apply for a special use permit."

CleanChoice Energy began working with Gary W. Clark and his family of farmers in 2019 on siting the project but since developing the initial proposal, the Town of Le Roy has passed new solar farm regulations. The regulations' new code means a project such as this must fall within the definition of a public utility.

Based on prior case law and state codes, Oltramari said the county planning board can't make that determination without setting a precedent that would affect solar project zoning codes in other towns.

However, if the Le Roy ZBA determined the project fit the public utility definition, then the decision remains confined to how Le Roy interprets its own codes.

The Clark family, three generations of farmers with more than 575 acres of cropland in Le Roy and Stafford, settled on a solar project as a way to supplement and diversify their company's revenue stream. The proposed project represents 5 percent of the farm acreage and is considered less suitable farmland.

CleanChoice Energy is proposing a 4.95-megawatt solar project on the property.

The project, under state law, is defined as a "Community Solar Project." Solar power from such projects is only distributed locally and cannot be carried to other regions via transmission lines.

There is a limited hosting capacity for these types of solar projects.

Substations and three-phase distribution feeds can only support a small number of these projects and facilities must be sited close to substations.

The projects are also limited by a shortage of land suitable for hosting them. Environmental, regulatory, and permitting constraints at potential host sites eliminate many properties from consideration. Prime farmland, wetlands, land hosting threatened and endangered species, and acreage that's just too expensive are not viable options. 

Among the selected parcel's advantages are: that it is relatively flat; will connect to existing National Grid power lines; will not interfere with farm operations; few trees will need to be removed; and existing trees and bushes create a visual barrier; it sits at the top of a hill --making it less visible to surrounding residents (nobody is looking down on it).

Motorists on Thwing Road won't be able to see the solar project as they drive by, said project manager Baccile.

Electricity generated by the project would be transferred to National Grid for distribution daily to customers enrolled in the CleanChoice's Community Solar Program. The project would generate enough energy to power 800 to 850 homes in the Town of Le Roy and surrounding towns.

According to a document from CleanChoice, "Based on National Grid Standard Service electric supply rate and a customer average monthly use, the project is expected to create an energy supply saving of approximately $60,000 annually. Energy bills are a combination of supply prices, which are based largely on market conditions, and delivery prices, which are set by regulation. Customers choosing to subscribe to the project benefit by the monthly savings regardless of usage, weather, or market price fluctuations."

Town of Le Roy residents would get the first shot at subscribing to the program.

Photo: Aerial photo from the project proposal application.

The Le Roy Town Board on Thursday night, citing its responsibility to enact measures to attract industry to its community, unanimously voted to rezone 185 acres in the vicinity of the Le Roy Food & Tech Park along West Bergen Road and Route 19 (Lake Street Road).

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See related story below.

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The board’s vote took place at 9:30 p.m. – 90 minutes after the conclusion of a public hearing on the issue of changing the zoning of seven parcels from R-2 (Residential) to I-2 (Light Industrial).

About 45 people attended the meeting at the Town Hall courtroom with the majority of the speakers coming out against the rezoning.

Those in opposition – mainly residents of Lake Street Road, West Bergen Road and Randall Road -- made impassioned pleas to the town board members to leave the R-2 zoning in place, with a couple individuals stating that any change that would open the door to manufacturing would forever destroy “our piece of heaven.”

The board, led by Supervisor James Farnholz, listened and responded – maintaining throughout that rezoning is consistent with the town’s Comprehensive Plan and the priority is to encourage business to create jobs and support the town’s property tax base.

In rendering its decision following the regular town board meeting, Councilperson John Armitage made the motion to rezone from R-2 to I-2 – light industrial only – for the parcels covered, and Farnholz seconded the motion.

All five board members voted “yes," with Deputy Supervisor Dave Paddock and councilpersons John Johnson and Ronald Pangrazio voicing their approval.

At that point, Armitage asked Town Attorney Reid Whiting if the town would “still have a lot of say on what can and can not occur there,” to which Whiting responded, “Absolutely … that this was just a preliminary step.”

Farnholz added that multiple public hearings would have to take place – considering all residents that would be affected -- prior to the placement of any industry in that location.

Much of the area residents’ concerns centered on speculation that Great Lakes Cheese, a large manufacturing industry based in Ohio, has approached owners of the parcels in question with potential offers to purchase their land should the company decide to build a $500 million processing plant in the Town of Le Roy.

Eric Raines Jr. of Lake Street Road, who has been outspoken in his opposition of rezoning, said he knows of neighbors who have been contacted by Great Lakes Cheese representatives and even had in his possession a conceptual map of the proposed plant drafted by an architectural firm representing the company.

Last night, Raines (an adjacent landowner) reiterated his viewpoints, stating that he and his girlfriend chose to purchase the historic Olmsted Manor and its 14 acres of woodlands because it was in an area that he believes is meant to stay “agricultural.”

He supported his claim with a Future Land Use map showing that part of the town colored green for agriculture.

“We found the town Comprehensive Plan and there are a couple maps published in (that plan),” he said. “One is a future use map; this is the future intended use of the land of Le Roy. This assures us that the land surrounding the manor was going to remain agricultural land. The existing land map said it was going to be agricultural and it is agricultural, and that future use map also said agricultural – green.”

Raines said that he found that this plan would be adopted until 2029, and that he decided to renovate the property with that in mind.

He also said that Farnholz has stated that the rezoning was not being done specifically for Great Lakes Cheese, and that the current R-2 zoning does support agriculture and farm-related activities.

“I think the town supervisor and those in favor of this rezone know the ‘super plant’ manufacturing facility is a wild stretch of the definition of farming-related activities,” he said. “If this according to the town supervisor is an agricultural industry, I ask … ‘What is considered a farming-related industry?”

Raines drew applause when he brought up that the town board had the opportunity to rezone the parcels over the past four years, but only moved to do so after Great Lakes Cheese entered the picture.

“Great Lakes Cheese offers $20,000 an acre. Two weeks later, the town submits to the county a rezoning,” he said. “… This rezone is to support Great Lakes Cheese.”

Farnholz shot back, however, stating that Raines – in a story on The Batavian earlier this week – said that “if you were offered four times the value for your property, we wouldn’t be having this conversation.” Raines then interjected, “I said we might not.”

The supervisor continued: “In the Comprehensive Plan it also states that additional economic development opportunities that arise in an around the Thruway, I-490 Interchange area, consistent with the county’s Smart Growth Plan and coordinate to ensure direct competition with existing town and village businesses.”

Whiting then said that the R-2 zone does support farm-related activities.

“The zoning ordinance is supposed to be consistent with the Comprehensive Plan, so this long-term goal is consistent with the contemplated change in zoning,” he said.

Undeterred, Raines said the Smart Growth Plan indicated the land to be rezoned is not considered “a developmental area” and that it is some of the best farmland in the county and warrants protection.

Farnholz countered, saying that the parcels along the Route 19 corridor “could be paved right now; it could be a mobile home park in a permitted use as it stands.”

At the outset of the public hearing Farnholz outlined the permitted uses in an R-2 district, which include single-family detached dwellings, churches and other religious buildings, parks and playgrounds, home occupation uses, home and farm gardens, agricultural buildings, garages, carports, swimming pools, tennis courts, and other larger, business-type structures with a special use permit.

Before closing, Raines submitted a petition against rezoning, signed by 10 residents of the three roads, and held up the conceptual map that he said was circulated by Great Lakes Cheese – “bullying the landowners into thinking that they had no option … it’s out of my hands, what can I do.”

Addressing the board, he drew another round of applause as he concluded, “You are a local government. You are here to protect us.”

Others who spoke during the public hearing, which lasted for an hour and 20 minutes, included the following:

Rebecca Hiler, Lake Street Road -- Stating that her property would be “completely surrounded by industrial,” she said she has done much work on her property. “This is my Zen, this is my home, this is my heaven, and you guys want to plop industrial right around me … How would you like this next to your house?”

Orion Hiler, Lake Street Road – Rebecca’s son, he said he has “felt blessed” to live at that location, having “escaped” Rochester and growing up in Le Roy. “I just see it (the aesthetics) ripped away and have this metallic monstrosity here, right in my backyard,” he said. “Having it rezoned so that semi-trucks passing in at all odd hours of the night to pick up cheese.”

Shane Hegeman, Lake Street Road – He said he opposed, citing concerns about the smell of a cheese plant. “Do you see anyone living around O-At-Ka Milk (Products in Batavia)?” he asked. “No, because that doesn’t belong in a neighborhood. We don’t need this.”

Charles Flynn, Randall Road – Noting that he is a real estate agent, he mentioned that many people in the Town of Byron are upset over the large solar system that is planned for that community and questioned whether property values would go down if the parcels were rezoned Industrial. “That’s why I question this Comprehensive Plan to try to adjust to the R-2 from the I-2 zone,” he said. “I don’t think we should make that change.”

Sarah Krzemien, Warsaw Road – She said she understands both sides of the issue, but questioned whether the town’s demographics would support the number of employees for a large industry in that area. “It just seems unnecessary, and none of us will benefit,” she said.

Kathy Glucksman, Randall Road – A longtime resident, she said that she and her husband recently refinanced their home to make improvements, and would be disappointed to find out that they would be surrounded by this industry. “It would decrease our property values, our quality of living and I believe there would be various health effects,” she said. “I urge you to protect us. If you look at our property, we are very vulnerable.”

Carol Konarski, Randall Road – A Randall Road resident for 46 years, she said she and her husband desired the peace and quiet and privacy of country living. “If you make this area an industrial area, that will be gone – it will be completely wiped out,” she said. “It’s just a little 100 by 200 (foot) plot, but it is our piece of heaven …” She added that her husband, who is deceased, would be “heartbroken if our dream that became a reality was destroyed.”

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Other issues brought up focused on increased traffic on Route 19, noise, odor, glare and screening and setbacks from residential properties as a result of large-scale manufacturing. One individual wondered if the rezoning could be put to a vote of the residents.

Farnholz said that the matter is not subject to public referendum and, responding to a comment questioning the board’s level of concern, said that they all are on the board because they do care about the community.

“We’ve taken the time to run for elected positions and all of us represent everybody in the community on a variety and multitude of issues,” he said. “At the conclusion of this hearing tonight, we’ll be jumping into a solar issues … There’s reduced funding from Genesee County. We lost almost $700,000 last year in revenue sharing from the county.

“Do we care? Your taxes have not gone up. They went up 1 cent last year … So, we do care.”

After discussing the possibility of selling 2.8 acres of their property on Lake Street Road (Route 19) to Great Lakes Cheese, Chris and Gina Stella said they have decided to retain control of that parcel.

Speaking after Thursday night’s public hearing on rezoning 185 acres next to the Le Roy Food & Tech Park, Chris Stella said he was approached by a representative of the Genesee County Economic Development Center about selling some of his land.

“Joe Macaluso stopped over and said that Great Lakes Cheese might have some interest in the 2.8 acres, so I talked to my wife, Gina, about it,” Stella said. “He (Macaluso) said that they would offer the same thing that they we’re offering everybody else, but I’ll be honest with you, nobody wants it in their backyard – and I didn’t either.”

Stella said he didn’t blame other nearby property owners for entering into potential land deals with the Ohio-based manufacturer, which has been identified as inquiring into the Town of Le Roy site as a location for a new $500 million processing plant.

“But, do I want it? I never wanted it. We talked about it a little bit,” Stella added. “Their deal was … that they wanted to put up a berm to protect us from it, so we really didn’t have to see anything. But, my attorney actually got us a map of what they wanted to do, and I think the deal closer for us was that they wanted to put in a deceleration lane starting right in my front yard.”

(Town Supervisor James Farnholz said the deceleration lane topic is “conjecture” at this point, and that the state Department of Transportation would have the final say on traffic issues.)

Stella said different people have told him that anywhere from 85 to 120 trucks per day would come in and out of the plant, and that they run at all hours.

“All day and all night I’m going to be hearing Jake brakes,” he said. “That was a deal closer for us. At least if we have that 2.8 acres of land, we can kind of do what we want to do with it. They can do whatever they want. We decided to hold on to it.”

When asked how much was offered, he said, “They didn’t offer us anything. I heard that it was around $20,000 an acre, but I’m not sure about that. I heard that number floating around somewhere.”

New York State Agricultural Districts, especially in counties such as Genesee where farming is vital to the local economy, are significant geographic regions that enable farmers to work with their municipalities to best serve their communities.

That was a key point of a recent webinar conducted by Jeff Kehoe and Kathleen Tylutki, farmland protection specialists with the NYS Department of Agriculture and Markets, Division of Land and Water Resources, Agricultural Protection Unit.

Agricultural Districts are defined as locally initiated mechanisms for the protection and enhancement of agricultural land as a viable segment of the local and state economies.

“Back in 1971-72, the ag district program was developed to help stem the tide of suburbanization moving into the countryside,” Kehoe said. “It’s really not a matter of the farmer and the department; there’s a lot more to this. In New York State, towns have local authority and they have the ability to control what happens in their town and jurisdiction.”

In 2020, there were 165 Agricultural Districts in 53 counties in New York, consisting of 26,227 farms and accounting for 9,149,836 acres.

“It’s a very successful program and each year we have been growing,” Kehoe reported. “And in light of recent events, hopefully we will see more and more properties enroll in the ag district to better accommodate agriculture and allow farmers to scale up their operations without too much scrutiny from the town.”

In Genesee County, according to Planning Director Felipe Oltramari, there are four ag districts, covering 6,200 parcels and 203,000 acres.

“The number of acres is about two-thirds of the total land area in the county,” Oltramari said.

The Genesee County districts are as follows (see map below):

District 1 (green) – Darien, Alexander, Bethany and a bit of Pembroke, Batavia and Stafford.

District 2 (blue) – Alabama, Oakfield, Elba and northern parts of Pembroke and Town of Batavia.

District 3 (aquamarine) – Le Roy, Pavilion and parts of Stafford and Bergen.

District 4 (red) – Bergen, Byron and small parts of Elba, Stafford and Le Roy.

Oltramari said enrollment into an ag district is free and voluntary, and that individual district reviews occur every eight years from the district’s creation date.

“This process is undertaken on behalf of the Genesee County Legislature by the County Department of Planning,” he said. “During review, landowners within the district boundaries may enroll or withdraw property from the district. Only entire parcels may be included or excluded.”

Kehoe said that “the power of this program is given to the counties because local (town, village) government has so much control over what happens in their towns.”

“If you are a farm operation – which is a technical definition in our law – and your parcel is enrolled in the agricultural district, the circumstances are that it’s modified,” he said. “Your local laws are modified if you’re a farm operation enrolled in an ag district.

“That still means that you must comply with all local laws and permits and applications and all the local processes, however, when you’re in the ag district, the town is essentially on notice to streamline or facilitate your applications, minimize any fees and, hopefully, work with you to be as timely as possible and least burdensome as possible.”

Agricultural Districts are overseen by a county’s Agriculture and Farmland Protection Board – an 11-member committee under the direction of the county legislature. It is tasked with advising the legislature in matters relating to establishment, modification, continuation, or termination of agricultural districts.

The AFPB also issues recommendations to the legislature in regards to the Agricultural District Annual Enrollment and Smart Growth Plan revisions.

“It’s a different level of government that has oversight and can weigh in on ag issues,” Kehoe said.

In Genesee County, current AFPB members are Donn Branton, chairperson, farmer; Janice Beglinger, Agriculture Outreach educator Cornell Cooperative Extension; Steven Boldt, farmer; Kevin Andrews, director Real Property Tax Services; Christian Yunker, County legislator.

Also, Marcia Hirsch, agribusiness; LuAnne McKenzie, farmer; Dennis Phelps, Soil & Water Conservation District chairperson; Janette Veazey-Post, farmer; Tim Welch, Soil & Water Conservation technician, and Oltramari.

The AFPB, per Agriculture and Markets Law 25AA 302(c), shall render expert advice to the county legislature relating to the viability of lands to be enrolled in the agricultural district, including advice as to the nature of farming and the relation of farming in such area to the county as a whole.

Oltramari said specific recommendations could pertain to the proper placement of fire hydrants and water lines to not adversely affect farm operations, and the periodic reviews of the district itself.

Kehoe said that Right To Farm Laws provide additional protection for farmers, and come in three forms:

• Agriculture Districts Law, Article 25AA, Section 308;

• County laws that enact public policy supportive of agriculture;

• Local laws that typically support agriculture and Article 25AA and, sometimes, utilize the services of an ag mediation panel and/or require a statement on building permits.

According to Section 308, The Commissioner of Agriculture and Markets is authorized to issue opinions regarding whether certain agricultural practices are sound. Any practice that is determined to be sound does not constitute a private nuisance when an action is brought. In a nuisance suit where a farming practice is determined to be sound, this section ensures that the plaintiff will incur any fees and other expenses related to the defense. This section protects farmers from paying costly legal fees to defend their operations against frivolous nuisance actions.

Section 305-A of the Agriculture Districts Law “protects farmers against local laws that unreasonably restrict farm operations located within an agricultural district,” Tylutki said.

This section of the law calls for coordination of local planning and land use decision-making with the agricultural districts program, and ensures that local zoning, comprehensive plans and land use plans will not unreasonably restrict or regulate farm operations within an agricultural district unless there is a threat to public health or safety.

Tylutki said the keys for valid objections to local law infringement are that the parcel is enrolled in an ag district, it is the site of a legitimate farm operation, and that the farmer has exhausted all local administrative remedies before appealing to the NYS Department of Agriculture and Markets.

“Apply for it (protection status), get the denial and then the Department (of Agriculture) has something to react to,” she said. “So, then we actually have a hard denial to say to the town what is being unreasonable in consulting with your county AFPB and other local resources.”

She noted that an ordinance may appear reasonable in an abstract, but it could be unreasonably restrictive or regulate a particular farmer. All referrals are evaluated on a case-by-case basis.

Tylutki also spoke about farm stands and similar retail activities on ag district operations.

The rule of thumb for these ventures is that at least 51 percent of the agricultural crops, livestock and livestock products sold, on an annual basis, must be from the farm’s own production. Furthermore, the activity must be used as part of the direct marketing strategy of the farm operation and the primary purpose of the activity must be to sell the farm’s products/services, not to serve as a recreational use of the land.

Oltramari said that a prime example is the retail store and Community Supported Agriculture business at Porter Farms in Elba.

“They just opened a retail store and they have had the CSA for quite some time,” he said, explaining that a CSA allows citizens to purchase a membership and receive a weekly bag of produce from the farm.

“In an ag district, the farm is permitted to do this through the right-to-farm protections,” Oltramari said. “This is the same as wind or solar being used to offset utility costs of the farm. It also protects farmers against nuisance liability as long as the farmer is following the New York State ag district guidelines.”

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Additional resources on Agricultural Districts and related topics can be found at the following:

Agricultural Value Assessment Program, Department of Taxation and Finance
https://www.tax.ny.gov/research/property/assess/valuation/agindex.htm
Jeremy Kergel Jeremy.Kergel@tax.ny.gov

Building Standards and Codes, Department of State:
https://www.dos.ny.gov/DCEA/

Local Government Services, Department of State
https://www.dos.ny.gov/lg/

Farm Brewery/ Cidery/ Wineries etc. State Liquor Authority
https://sla.ny.gov/

Industrial Scale Solar Arrays: NYS Solar Guidebook
https://www.nyserda.ny.gov/All%20Programs/Programs/Clean%20Energy%20Siting/Solar%20Guidebook

Agricultural District Mapping Program, Cornell University IRIS (Institute for Resource Information Sciences)
https://iris.cals.cornell.edu/extension/agricultural-districts/
Diane Ayers dag10@cornell.edu

Publication: Planning for Agriculture
https://farmlandinfo.org/publications/planning-for-agriculture-in-new-york-a-toolkit-fortowns-and-counties

Photo: 400 Towers at 400 E. Main St.

It can be said that housing authorities such as those under the auspices of the U.S. Department of Housing and Urban Development provide safe and affordable dwelling places for millions of low-income people in need.

But it also is true that these quasi-nonprofit enterprises benefit from their tax-exempt status, giving private landlords cause to question the fairness of the framework by which they exist.

You can draw a line from the preceding statements to the Batavia Housing Authority, a four-location government agency that offers HUD-subsidized apartments for senior (62 and older) and disabled tenants.

The BHA, which by New York State law is exempt from paying property taxes, receives subsidies from HUD to bring the monthly rent closer to the market rate and also receives periodic federal grants to help with renovations and maintenance across its buildings.

Executive Director Nathan Varland, during an interview with The Batavian last week at his office at 400 Towers, said he sees the Batavia Housing Authority as a much-needed public housing option considering the increasing number of senior citizens and permanently disabled residents who are struggling financially, especially as costs increase in a high-tax state such as New York.

AVERAGE RENT COLLECTED: $358

“The Batavia Housing Authority exists to provide safe, healthy and affordable housing for people who cannot realistically afford market rent,” he said. “The average rent collected is around $358 right now, and the federal subsidy is about $182 per apartment. Those amounts cover our monthly expenses, but our aging infrastructure requires some capital investment for the organization to be viable long-term.”

Recently, the BHA received a federal capital grant for $377,000 for renovations, including electrical systems and elevators, Varland said.

“Our margins are very low and it’s hard to stay efficient,” he said. “The capital grants that we apply for and (periodically) receive are vital. We wouldn’t be able to stay in business without them as half of our people can’t use the stairs.”

Varland describes the BHA as a “standalone government entity” that has entered into a Payment in Lieu of Taxes agreement with the City of Batavia that enables the housing authority to pay about 75 percent less in property taxes than what a nonexempt organization would pay.

He said the PILOT has been in force for many years, likely back to when the buildings were finished in the early 1970s.

FOUR LOCATIONS IN THE CITY

Photo: The Terraces at 193 S. Main St.

Photo: Edward Court at 15 Edward St.

Photo: The Pines at 4 MacArthur Drive.

The buildings of the Batavia Housing Authority are as follows:

• 400 Towers at 400 E. Main St., (photo at top), a high-rise facility with 148 apartments over eight floors for senior citizens and people with permanent disabilities. Most of these are studio and one-bedroom apartments.

• The Terraces at 193 S. Main St., 26 apartments.

• Edward Court at 15 Edward St., 13 apartments.

• The Pines at 4 MacArthur Drive, 10 apartments.

The apartment complexes on South Main, Edward and MacArthur are three- and four-bedroom townhouse-style units for households of three or more people and, currently, all are full, Varland said.

Varland said the BHA owns its own properties with HUD having a controlling interest. Monthly rent is based on 30 percent of a tenant’s adjusted annual income (or 10 percent of the gross income), with maximum income limits depending upon household size.

Current rents for studios, one- and two-bedroom apartments include cable and utilities, and range from $490 to $675. He said that some people with little or no income pay as low as $50 per month in rent.

Three- and four-bedroom apartments are priced at $593 and $611, respectively, with a utility allowance deducted for those on subsidized rent.

PILOT AGREEMENT IN FORCE

According to the New York State law, municipal housing authorities that are project financed or aided by the federal government or municipality, not by the state, are exempt from property taxes but can be subject to special assessments, levies or PILOT agreements.

The law reads as follows:

Payments in lieu of taxes -- None required. However, if payments in lieu of taxes are fixed or agreed upon by the municipality, such payments may not exceed the taxes last levied on the property prior to its acquisition by the MHA unless such project is federally financed or aided and the federal government has consented to a greater amount.

In the case of the BHA (actually classified as the City of Batavia Housing Authority by the Genesee County treasurer’s office), the PILOT paid to the City – and then disbursed to the county and Batavia City School District – is approximately one-fourth of the amount paid by a nonexempt organization.

Photo at right: BHA Case Manager Heather Klein, left, with 400 Towers resident Brenda Boyce.

For the fiscal year ending Dec. 31, 2020, the BHA sent a check for $64,879.74 to the City clerk-treasurer -- $14,638.65 to the city, $15,409.33 to the county and $34,831.76 to the school district. That’s 23.5 percent of the full amount of $276,539 based on the assessed value of the properties ($6.5 million) and the total tax rate of $42.54 per thousand of assessed valuation.

“We pay a PILOT every year and that’s an agreement when the housing authority was formed,” Varland said, noting that the buildings were finished in 1970 and 1971. “The formula is based on what we take in and some of our utility expenses that come off. It’s not insignificant – about 5 percent of our annual budget -- but it’s also not based on the full value of the properties.”

Genesee County Manager Matt Landers said he looks at it as a “glass half full” proposition.

“The pay a PILOT but, at the same time, they are a quasi-governmental nonprofit-type agency. So, if you think about it, other nonprofits might not pay any property taxes – churches, GCASA, Cornell Cooperative Extension,” Landers said. “I’m glad they’re paying something rather than nothing at all.”

BOARD OF DIRECTOR OVERSIGHT

While the BHA properties are not owned by the city, the city manager does appoint citizens to a board of directors that provides oversight.

“We advise Nate in the direction we think is best for the housing authority,” said BHA Board Chair Brooks Hawley, who has been part of the committee for about 10 years. “At our monthly meetings, we look at the budget, address resident concerns and come up with solutions to any issues as a team.”

A current county legislator and former City Council member, Hawley said that since the rents are less than market rate – even with the subsidies, the grants from HUD “help us out with things like elevators and big projects that (private) landlords usually don’t have in a residential home.”

“We have four properties and we try to keep them up and not have them depreciate to where we’re putting huge money into it.”

The current board consists of a chairperson (Hawley), vice chair (Roger Hume), treasurer (Tammy Hathaway), secretary (Teresa Van Son), City Council liaison (Al McGinnis) and two residents (Don Hart and Jason Reese).

Varland said that the board frequently deals with compliance and regulatory matters, and sets policy that aligns with regulations at all levels of government.

“Public housing authorities are some of the most regulated agencies around,” he said. “Regulations are in place for a reason, but it does require a lot of work to keep up – especially with a small staff like ours.”

PRIVATE LANDLORDS: IS IT FAIR?

The Batavian contacted two property owners with numerous houses and apartments in Genesee County, and both agree that the Batavia Housing Authority, with its subsidies and improvement grants, have the upper hand when it comes to finding qualified tenants.

“It’s tough. I understand that there is a need for supportive housing for a lot of tenants, based on income and need, but for us, there’s no PILOT or anything else on our properties,” said Duane Preston of Preston Apartments LLC.

“We pay the full tax amount and what hurts the smaller guy is when they (BHA) get $200,000 per apartment for renovations – cabinets, bathrooms. We would love to come into that kind of money for our properties, but we can’t as we’re based on market rate rent.”

Preston said that he does have tenants that get reduced rent based on their Section 8 status (where they submit a voucher for about a 10 percent discount off the average rental market rate for the area).

“The maximum for a one bedroom in that case is $710 with everything included, $850 for a two-bedroom and $1,050 for a three bedroom,” he said. “They just raised the rates on all of those.”

He said that it takes about four months of operations for the average landlord to cover taxes on the property – “and that’s before you figure in your mortgage interest, water bills, utilities and other things that you have to cover.”

When told that the BHA is a standalone entity that owns its properties, Preston asked, “Then why are they getting a tax break? Why doesn’t everybody get a tax break then? I thought it was owned by the City of Batavia, and if that isn’t the case, that’s definitely not fair.”

Preston also questioned why those BHA apartments couldn’t be offered at market rate and be subject to the Section 8 guidelines.

“And it’s kind of a suck on city taxes,” he said. “The city is paying fire department, police department, whatever, and it used to be garbage pickup. Luckily, we’re out of that business now. Still, it’s a suck on the city and we’re not getting the full taxes out of it. It’s a double whammy.”

BHA IMMUNE FROM RISING COSTS?

Jeremy Yasses of JP Properties said he feels that the BHA is immune from rising taxes and property assessments.

“In today’s day and age when budgets are tight for municipalities and taxes and assessments are being raised, it’s not affecting the Batavia Housing Authority. How fair is that to the common folks who work every day and their assessment goes up, their taxes go up and their cost of living goes up?” he said.

Yasses said he finds it hard to believe that the Batavia Housing Authority isn’t making a profit.

“You can’t tell me that they break even every year,” he said. “Why are we allowing them to be subsidized? Why did they just get all of those grants to update all their apartments, and society wants us to update ours, and we do it one at a time when we can. They can do all of them, all at once. And that’s not fair.”

He also said that if the BHA is indeed a federal government-run entity, the City of Batavia should have nothing to do with it.

“Why does the city have any say about what’s going on there?” he asked. “No one checks in with me to see how Jeremy Yasses and JP Properties is doing.”

VARLAND EXPANDS UPON GUIDELINES

Varland explained that the BHA is under Section 9, which he called a separate funding stream from Section 8 with separate rules.

“The way Section 8 works is that low income individuals apply for Section 8 and they get a voucher for rent. They can take that to a private landlord,” he said. “With Section 9, we’re responsible for all the compliance and have a high level of oversight.”

He said the oversight comes from the city’s board of directors, but the major player is HUD.

“We’re not city employees, it’s just that the city is the jurisdiction because we’re located within the city limits,” he said. “There’s two ways to look at it: If HUD says jump, we jump; if the city says jump, we’ll have a conversation about jumping. Still, we want to make sure that partnership is strong.”

When asked what would happen if the BHA were to dispose of its properties to an unrelated entity, Varland said the transaction would have to be approved by HUD and for the fair market value.

“It would also have to be used for affordable housing,” he said. “Basically, the mission of the organization (and its property) needs to be preserved.”

400 TOWERS: A SOCIAL EXPERIENCE

Varland said just about all of the 148 apartments at 400 Towers are rented, but two are coming open soon.

“Our wait list is pretty short, so now’s a good time to apply,” he advised.

He said the facility at the corner of Swan and East Main provides a “social experience with everything in one spot.”

“You move in and you’re ready to go. Those studios are here at 400 Towers, where we have trash chutes, the mail comes inside, a snack shop, some meals that resident volunteers provide at low cost, activities, and a case manager on site to connect to resources,” he said. “And we just opened a fitness center and a library."

The executive director said BHA is “stable” at this time, but there have been times when the HUD allowance has not been enough.

“It allows us to continue operations but we haven’t been able to keep the properties up,” he said. “Currently, we are able to maintain, but there are capital projects that need to happen in the next five years that we don’t currently have money for. But we’ve been able to keep the elevators working and keep roofs over the buildings – the basics – so we’re doing OK there.”

(Photo at right, Vicki Johnson, center, with 400 Towers residents Don Hart and Pauline Hensel).

He credited his staff for keeping things in order.

The administrative team consists of Vicki Johnson, housing manager in charge of recertification and property inspections; Abby Ball, leasing coordinator; Michelle Johnson, bookkeeper, and Heather Klein, case manager.

The maintenance staff lists four full-time employees and one part-time employee who are responsible for repairs and upkeep of all four properties. Varland said that he is looking to hire an entry-level full-time maintenance person.

COUNTING ON CITY PUBLIC SAFETY

Without its own security team, the BHA relies on municipal public safety agencies, Varland said.

“As far as security goes, we count heavily on the Batavia Police Department and Batavia Fire Department. They have been awesome,” Varland said. “They have been incredible supports and I don’t think that we could do this without them. We’re in a much better spot because of their support; it would be a struggle without them, plus our Genesee County EMS."

He said that 400 Towers has secure doors while the family units at the other locations each have separate entrances. A camera system also is utilized.

“I’ll put our maintenance staff up against any other anywhere,” he said. “They work really hard to make sure that doors, locks, windows are safe and secure. We make sure that everything is in good condition, and to the extent that we have money, we keep things durable and fresh.”

(Photo at right: Maintenance Supervisor Jim Green).

When asked about the frequency of evictions, Varland said that has not been an issue.

“There are a number of our residents who have had financial issues due directly to COVID – both here at 400 Towers and at the family units. We have been able to work with them directly to come up with repayment agreements. As long as we stay in communication we try to help these people manage their financial situations and we want to keep them safe,” he said.

Varland said management has worked out repayment agreements with tenants, working with partner agencies such as Independent Living of the Genesee Region, which offers an emergency rental assistance program.

“The federal government is very interested in making sure people stay safe in their apartments, especially during COVID,” he added.

MORE HOUSING IS NEEDED

Varland said he is well aware of the “definite need for housing” and said that need has changed over the years.

“We could probably do a separate article on that, bringing in the Genesee County Planning Department as we meet quarterly with the Housing Needs Committee,” he said, mentioning the significance of the Ellicott Station, Ellicott Place, Eli Fish and Main Street Pizza downtown apartment projects.

When informed that an 80-unit senior complex is proposed for Pearl Street Road, he said, that is the population that needs housing the most.

“The data that is out there, our population is aging and our family size – our household size – is declining. So, people need accessible, affordable, safe and smaller apartments,” he said.

Varland said he writes letters of support for those type of projects.

“I think they’re good for the city and the county, and don’t really think of them as competition for us,” he said. “We may lose people, and people come and go, however, if it’s good for the city and good for the county, it’s good for us, too. It makes it a better place to be and live.”

After swinging and missing on a pitch to obtain a grant from the New York State Office of Community Renewal for the replacement of 5,300 feet of water main as part of the Park Road Reconstruction Project, the Batavia Town Board is still staying in the batter’s box.

It remains steadfast in its commitment to upgrade the municipality's sanitary sewer pump station at the Valu Plaza on West Main Street.

On Wednesday afternoon, lawmakers scheduled a public hearing on the Community Development Block Grant funding for 7:05 p.m. July 21 (the board’s next meeting) at the Town Hall on West Main Street Road.

“The application is for upgrades and repairs of the sanitary sewer pump station at the West Main Street plaza,” said Town Supervisor Gregory Post, adding that he’s not sure of the cost at this time. “We’re working on that (cost projections) as we speak. It’s a rushed application because we were denied our last application for Park Road and another round of funding is coming out.”

Missing out on the Park Road grant is disappointing, he said, but as the project moves forward, the town is looking at a bond resolution to pay for the approximately $900,000 cost of replacing the water main.

“We’re going to bid on Park Road in the next few weeks and we’re bonding that,” he said. “Once we receive the bids, we’ll develop a construction schedule based on that.”

A public hearing on the bond resolution for the Park Road water main and the entire capital improvement project also is scheduled July 21 at 7 p.m.

The resolution calls for the issuance of serial bonds not to exceed $975,190, offset by any federal, state, county and/or local funds received.

The $3 million Park Road rehabilitation will take place from Lewiston Road (Route 63) to Oak Street (Route 98).

Work will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road, while pavement will be overlaid and sidewalks installed on one side of the road from Richmond Avenue to Route 98. The project also calls for new water lines and street lights on Park Road between Route 63 and Richmond Avenue.

Additional property enhancements of up to $395,000 at Batavia Downs Gaming will be paid for by the Western Regional Off-Track Betting Corp.

Solar Moratorium is Extended

In another development, the town board called another public hearing – this one for 7:10 p.m. July 21 to extend a moratorium on solar energy systems for up to another six months. The current moratorium is set to expire at the end of this month.

“We felt it important that we still had the moratorium in place while we work on getting our new (solar) law enacted,” Post said. “So, we’re setting a public hearing to extend the moratorium until such time that we have the legislative process complete.”

Post said the process of enacting new solar regulations has taken longer than expected “due to the extraordinary depths the (town’s solar) committee is diving into to make sure that this is well researched and well thought out. We want to make it more wholesome for the entire community and not leave anybody out.”

Post mentioned some recent developments in the solar arena that could affect the town’s handling of ground-mounted and, potentially, large-scale solar systems.

“The state’s solar agency (Office of Renewable Energy Siting) is being challenged in the courts, and NYSERDA (New York State Energy Research and Development Authority) was found out to have hired a consulting firm that also has solar and wind energy customers as clients,” he reported. “That could be a conflict of interest – hiring somebody for a million dollars that is working for solar and wind energy companies.”

Furthermore, Post said he saw that Cypress Creek Renewables LLC, which owns the rights to a pair of side-by-side 5- and 4-megawatt solar systems on Ellicott Street Road, was sold to a Stockholm, Sweden-based investment company called EQT earlier this week.

“Solar is a hot topic and we just want to do our job and make sure we do it as well as everything else,” Post said, adding that he hopes to have the town’s new solar law in place by Labor Day.

Liza Monica Besczyznski, 26, of Pearl Street Road, Batavia, is charged with fourth-degree criminal michief and second-degree menacing. On July 5 the Genesee County Emergency Dispatch Center received a 9-1-1 call from a resident on Pearl Street Road in the Town of Batavia. An investigation allegedly revealed the defendant damaged another person's property and threatened them with a hammer. She was arrested and arraigned in Town of Batavia Court, then released on her own recognizance. The case was handled by Deputy Kevin McCarthy, assisted by NYS Police.

Terrell Lee Thomas, 30, of West Main Street Road, Batavia, is charged with second-degree harassment -- physical contact. On July 2 at 2:40 p.m., Genesee County Sheriff's deputies responded to an address on West Main Street Road in Batavia for a harassment complaint. It is alleged that he engaged in a course of conduct which alarmed and seriously annoyed an individual on the property. Terrell was arraigned in Town of Oakfield Court and is due in Batavia Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy.

Wyatt Jeremiah Becker, of Tinkham Road, Darien, is charged with second-degree harassment. Becker was arrested at 3:12 p.m. July 6 after police investigated an incident that occurred at 5:20 a.m. that day. He was released with an appearance ticket and is due to appear in Darien Town Court on Aug. 3. The case wase handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Krzemien. 

Larry Robert Walters, 23, of Alden, is charged with: driving while intoxicated with a BAC of .08 or more; DWI -- first offense; moving from lane unsafely; and failure to keep right. Walters was arrested after a traffic stop at 10:15 p.m. on Pearl Street Road, Batavia, on July 6. Walters is due in the Town of Batavia Court on July 22. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Nicholas Chamoun.

Eight homeowners along Lake Street Road (Route 19), Randall Road and West Bergen Road – streets that border land earmarked for rezoning by the Le Roy Town Board -- have signed a petition opposing such a move and plan to bring their concerns to a public hearing Thursday night.

The public hearing is scheduled for 7 o’clock in the courtroom of the Le Roy Town Hall at 48 Main St.

Eric Raines Jr. and Annie Watkins, owners of the former Olmsted Manor on Route 19, north of the Village of Le Roy, are leading the fight to prevent the board from changing the zoning from R-2 (Residential) to Industrial, citing a county land map that shows the 185 acres in question are for agricultural use.

“We also believe that the town’s Comprehensive Plan has this area set aside for green (agricultural) use,” said Raines, who along with Watkins purchased the 

Raines said the majority of the soil of the seven privately owned parcels targeted for rezoning – and possibly to be part of an eventual sale to Great Lakes Cheese as the future site of a $500 million processing plant – is of the highest quality.

“Most of that soil is ranked as A-1,” he said, referring to information from the New York State Department of Agriculture and Markets. “To say that it would be better suited as a parking lot, I don’t believe so.”

Le Roy Town Supervisor James Farnholz, however, said rezoning to Industrial follows guidance found in a 2017 revision of the town’s Comprehensive Plan.

“The Comprehensive Plan is a guide and in that plan is the goal to develop industry along the Route 19 corridor; it was adopted in 2017,” Farnholz said. “One of the things that has caused confusion is that (people think) the property that we’re considering rezoning is agricultural property, and that is not the case.”

Farnholz said that some of the land has been farmed, “but it is R-2, which means it has been open for farming-related activities, churches and other things. They could even put a mobile home park back there.”

“What we want to do is two things – make it contiguous with the (Genesee County) Economic Development Corp. property that’s already there (the 75-acre Le Roy Food & Tech Park) and since it’s completely ringed by smart growth, it would be consistent with our Comprehensive Plan and it would be consistent with the other property around it,” he explained. “And the other side (east side) of Route 19 is already (zoned) Industrial.”

Several property owners in the vicinity of the Le Roy Food & Tech Park, which is owned by the GCEDC, reportedly have been received offers for their land by Great Lakes Cheese representatives in case the Ohio-based company goes forward with relocating from Allegany County to Genesee County.

Phone calls to one of those property owners by The Batavian were not returned at the time of the posting of this story.

Farnholz said he expects to see some of the property owners who have been contacted by the cheese manufacturer at Thursday’s public hearing.

Raines, who was not approached by Great Lakes Cheese, said he anticipates the other homeowners who signed the petition to be at the meeting.

“The only landowners that were contacted were the ones that have land that interests the company,” he said. “If I was offered up to four times the assessed value, we might not be having this conversation.”

Raines and Watkins also said they believe that Great Lakes Cheese would be asking for a truck deceleration lane just a few hundred feet south of their home along Route 19, on the right-of-way owned by the NYS Department of Transportation.

That is all “rumor and conjecture” at this point as there has been no word from DOT, Farnholz said.

As far as Great Lakes Cheese coming to Le Roy, Farnholz said the company is “still considering the logistics” of such a move.

“The problem with all of this is that it’s out of the municipality's hands,” he said. “The big things go to the DOT and the DEC (NYS Department of Environmental Conservation), and then electric and gas. The DOT and the DEC are the two big players … and there are a lot of steps before any industry moves in anywhere.”

Previously: County planners take no action as Route 19 resident objects to Town of Le Roy's rezoning proposal

Photo at top: Eric Raines of 8564 Lake Street Road (Route 19), Le Roy, on his property to the west of his home. Photos at bottom: Field behind the Raines' property; view from the front of Raines' home, looking south. Photos by Mike Pettinella.

Jason Armstrong, 48, is charged with: two counts of first-degree rape; two counts of endangering the welfare of a child; and one count of second-degree strangulation. He was arrested at 12:34 a.m. June 28 after an investigation of an incident at 12:18 a.m. that morning on Hutchins Place. He is accused of forcibly raping a person in front of their children. He was arraigned later that morning in Batavia City Court and put in Genesee County Jail without bail.

Melton Chisom, 46, was arrested at 3 a.m. June 24 on Maple Street in the City of Batavia. Chisom is charged with: second-degreed assault; criminal possession of a weapon in the third degree; and second-degree menacing. The charges stem from an incident June 24 in which it is alleged that Chisom engaged in a physical altercation with another person and held a knife to the victim's face, causing injury which required stitches. Chisom was processed at BPD, arraigned in city court and put in jail with no bail. The defendant is due back in court on July 21.

Dawn Orlando, 51, was arrested on June 25 on Wood Street in Batavia. She is charged with endangering the welfare of a child and criminal obstruction of the breathing of a person less than 17 years old by putting pressure on the person's neck. After arraignment in Batavia City Court, she was released on her own recognizance. She is due back in court on Aug. 5.

Brandon Dodd, 34, was arrested June 15 after an investigation alleging he violated a stay away order of protection by being on the protected party's property at 3:44 a.m. June 14 and entering a secured garage. Following his arraignment in Batavia City Court on third-degree criminal trespass and second-degree criminal contempt, he was put in Genesee County Jail in lieu of $2,500 cash bail; $5,000 bond or $7,500 partially secured bond.

Brandon Dodd, 34, was arrested on June 26 and charged with petit larceny. It's alleged that he stole a bicycle from a residence on Highland Park at 1:08 a.m. Tuesday, June 22. Dodd was issued an appearance ticket and is due in Batavia City Court July 6.

Brandon Dodd, 34, was arrested June 26 by Batavia Police Officer Peter Post for petit larceny. It is alleged that Dodd stole alcoholic beverages from a local business at 8:23 p.m. June 23 on Lewiston Road. He was issued an appearance ticket for Batavia City Court and is due there July 6.

Brandon Dodd, 34, was arrested at 10:24 p.m. on June 29 following an investigation into an incident that alleges he violated a stay away order of protection. He is accused of being in the home of the protected parties while they were inside the residence. Dodd was arraigned in Batavia City Court and bail was set at $10,000 cash, or $20,000 bond, or $40,000 partially secured bond.

Sabrena Randall, 45, was arrested on a City of Batavia Court bench warrant on June 25. It stems from an unspecified incident on Sept. 22 on West Main Street. Randall was arraigned in Batavia City Court and held on $1,000 cash, $2,000 bond, $5,000 partially secured. She is scheduled to return to court on July 26. She was also arrested June 25 on a second warrant, given the same bail options and return date for a second unspecified incident.

Phillip Heale, 42, was arrested at 5:11 p.m. June 23 on Linwood Avenue in Batavia. He is charged with second-degree criminal trespass. It is alleged that he illegally entered a vacant residence on Linwood Avenue. Heale was issued an appearance ticket and is due in Batavia City Court July 26.

Thomas Tacito, 61, was arrested for second-degree criminal comtempt after a verbal dispute. The victim has a full stay away order of protection against him and the victim alleges Tacito engaged in a verbal argument with him at 4 p.m. June 27 on North Spruce Street in the city.

Donovan Johnson is charged with: third-degree criminal mischief; criminal mischief in the fourth degree; endangering the welfare of a child; third-degree mischief; and second-degree harassment. On June 24, Batavia police arrested Johnson after responding at 11:41 p.m. to a Hutchins Street address for the report of an incident in which Johnson allegedly caused damage to the walls and some property belonging to the victim while in the presence of four individuals under the age of 18. Johnson was held at the Genesee County Jail until his arraignment in Batavia City Court at 11:01 a.m. Johnson was released on his own recognizance with a return date of Aug. 19.

Christopher Wiegman, 32, is charged with: four counts of criminal possession of a controlled substance in the seventh degree; and one count of criminal possession of a controlled substance in the fifth degree -- all stemming from a traffic stop at 10:30 a.m. April 4 on East Avenue in Batavia. He subsequently had two arrest warrants and turned himself in on those on an unspecified date. He was arraigned in Batavia City Court and jailed without bail pending his next court appearance Aug. 5.

Stephanie Peterson, 43, was arrested at 9:58 p.m. Nov. 22 on Clinton Street and charged with aggravated unlicensed operation in the third degree. She was also given an appearance ticket for the charge and is due in Batavia City Court on July 21.

Reanne Reed, 26, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; speeding; open container of alcohol in vehicle. Reed was arrested after a traffic stop for speeding on Bogue Avenue at 8:57 p.m. on June 28. She was released with tickets and is due in Batavia City Court July 13.

Wendy Henry, 36, was arrested June 29 on a bench warrant for alleged failure to appear in Batavia City Court court regarding an incident that occurred at 5:37 a.m. Jan. 26. Henry was released with an appearance ticket to be in court on July 14th.

Michael Jackson Jr., 40, was arrested July 1 on a warrant out of Batavia City Court. He had previously been issued an appearance ticket for petit larceny and a warrant was issued for failing to appear in court as required. He was arraigned in Batavia City Court, held on $100 bail and is due in city court July 29.

Village of Le Roy leaders bid farewell to their longtime “go-to person” in grand fashion this afternoon with a surprise gathering of about 75 family, friends, colleagues and civic leaders at the Village Hall, followed by a police-led parade down Main Street to a reception featuring an appearance by Sen. Edward Rath at the Le Roy Country Club restaurant.

Coordinated by Village Mayor Greg Rogers with help from staff and volunteers, the community celebrated the career of Sharon Jeary, who worked for the village for 44 years, including the last 19 as clerk-treasurer.

Jeary, a Le Roy native (maiden name: O’Geen) and Notre Dame High School graduate, walked out of the front door of the office building shortly after noon and was greeted by Rogers, who showed her the Rose of Sharon tree that has been planted in her honor.

As she turned the corner toward the parking lot, that’s where she encountered a long line of well-wishers applauding loudly and ready to show their appreciation. As would be expected, her reaction was one of astonishment.

“I’m absolutely flabbergasted and so humbled by how wonderful everybody is. I love my village,” she said.

Jeary’s first day on the job – as an office assistant – was Nov. 28, 1977. She advanced to full time two years later and became the clerk-treasurer in 2002, following a 15-year stint as deputy village clerk.

After Jeary accepted hugs from everyone, the Rev. Jack Hempfling of Living Waters Church led a group prayer of blessing. Then everybody got into their cars and followed Police Chief Greg Kellogg's vehicle, other patrol cars, and fire department and emergency vehicles – with sirens and lights engaged -- to Le Roy Country Club for part two of the tribute.

It was there that Rath, representing the 61^st Senate District, congratulated Jeary and presented her with a proclamation from the New York State Senate.

“In 1977, a gallon of gas was 62 cents and a gallon of milk was 13 cents,” Rath said. “So, ladies and gentlemen, a lot has changed since 1977 -- but not the commitment and the resolve and the hard work that Sharon Jeary had for the people of this wonderful community.”

Rath, reading from the proclamation, said that Jeary “rendered faithful and conscientious and valuable service to the community.”

“During her tenure as clerk-treasurer, Sharon earned the esteem and affection of her colleagues. She has demonstrated outstanding service and leadership in her beloved community. Throughout the years, she has had the love and support of her husband, David, and her two children, David and Mark.”

Genesee County Legislature Chair Rochelle Stein, a Le Roy resident, said Jeary made quite an impact “as evidenced today here by your friends, your family and your coworkers who have come to understand your commitment, your conscientious care of every single member of the boards that you’ve served, and more importantly, your community.”

She then presented Jeary with proclamations from Assemblyman Steven Hawley and the count legislature.

Then, jokingly, she added: “We will miss the work that you do, lovingly, on behalf of all of us, and wish you the absolute best in your retirement – and don’t stay home every day with David.”

Village Historian Lynne Belluscio used the occasion to have some fun with Jeary, bringing gifts from Historic Le Roy House, home of the Jell-O Gallery and Museum Shop.

After extending an invitation for Jeary to volunteer at the gallery – teaching visitors how to correctly pronounce Le Roy (leh-roy), she gave her boxes of the four original Jell-O flavors (strawberry, orange, lemon and raspberry), a T-shirt, license plate holders proclaiming, “Le Roy, NY – Birthplace of Jell-O” and two lemonade cans attached by a string.

“It’s always, 'call Sharon,' ” Belluscio said. “You got a question? 'Call Sharon.' 'I need a permit.' 'Call Sharon.' 'She’s at lunch; when can I get a hold of her?' 'Call Sharon.' So, I’m kind of concerned that you’re not up there … So, you and I are going to stay in contact …”

LeRoyan Kay “Pudge” Steen, clerk-treasurer prior to Jeary taking that position, related that in Jeary “I not only had a coworker, I had one of the best friends I have ever had.”

“I wish you nothing but lots of happiness and good health, and I love you.”

Rogers then presented Jeary with the “Key to the Village” plaque, and afforded the guest of honor a chance to address her fans before inviting everyone to the privately funded hors d’oeuvres and refreshments under a big tent.

“I couldn’t have done my job without the support of my family and my friends. Everybody was always there for me and I really appreciate it,” she said. "We have a wonderful village. I love my village; I truly do. Thank you all so much for coming.”

“To my mayors and boards of trustees, you we’re all great and I enjoyed working with them all. It never seemed like a job to me. I always enjoyed what I did. It has been great over these years.”

Photos at top: Sharon Jeary and Greg Rogers standing next to the Rose of Sharon tree that was planted in her honor; a sign at Le Roy Country Club restaurant recognizing Jeary's career. Photos at bottom: Rev. Jack Hempfling offering a prayer of blessing upon Jeary's retirement; Police Chief Greg Kellogg leads the parade to the golf course restaurant; Sen. Edward Rath presents a proclamation to the longtime village clerk-treasurer; Jeary holds the "Key to the Village" as Rogers looks on. Photos by Mike Pettinella.

Kaleb James Bobzien, 23, of Alexander Road, Batavia, is charged with: second-degree strangulation; two counts of criminal obstruction of breathing; and endangering the welfare of a child under age 17. Bobzien was arrested at 8 p.m. June 24 on Alexander Road in Batavia after an incident in which he allegedly obstructed the breathing of two victims, including one juvenile. During an altercation with the two victms, Bobzien is alleged to have placed a blanket over the face of one victim while choking the second victim with his arm. One victim reported an injury to her neck as a result of the choking. Following an investigation, Bobzien was arrested and put in Genesee County Jail with no bail. The case was handled by Genesee County Sheriff's Deputy Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

David Thomas Gay, 40, of Ellicott Street, Batavia is charged with: driving while intoxicated -- first offense; unlawfully fleeing a police officer in a motor vehicle in the third degree; second-degree obstruction of governmental administration; resisting arrest; and speeding -- exceeding 55 mph; and refusal to take a breath test. On June 30 at 8:36 p.m., Gay was arrested on Byron Road in Stafford after Genesee County Sheriff's Deputy Kenneth Quackenbush tried to stop Gay's vehicle on Route 33 for allegedly violating NYS vehicle and traffic law. Gay eventually stopped a few miles away on Byron Road. It is alleged that Gay was intoxicated and that he resisted arrest. Gay was transported to GC Jail, where he allegedly fought with officers. He was released with appearance tickets and is due in Stafford Town Court on July 9. Quackenbush was assisted by Deputy Jacob Gauthier in this case.

Brenda Good, elected to a City Schools Board of Trustees seat in May would rather be a candidate for an administrator's position in the district than a member of the board, according to a letter of resignation she sent to Superintendent Anibal Soler on June 14.

The board voted unanimously to accept her resignation last night.

Good's resignation comes after last month's resignation by Peter Cecere, so there are now two vacant positions on the board. 

In her resignation email to Soler, Good acknowledged a prior phone call and said, "After much thought, I have decided to resign my anticipated seat on the Batavia City School Board. I am very invested in the youth and community of Batavia as my goal is to help all of our students become successful adults. With that said, I'm highly interested in becoming an administrator within the Batavia City School District. I'd like to be given the opportunity to interview for anticipated openings."

It will be up to the remaining trustees to fill the vacancies and the district has posted a call for candidates.

John Reigle, who won re-election in May, and Jennifer Lendvay, elected to her first term, took their oaths of office last night.

Eighteen months into his tenure as Batavia City School District superintendent, Anibal Soler informed city schools staff this morning that he is the final candidate to become superintendent of schools in Schenectady.

"Once I am officially appointed, I will be working with the Board of Education on a transition plan to ensure the district is supported and ready to reopen in the Fall, Batavia Strong," Soler said in his letter.

In an interview this morning, Soler said it's bittersweet leaving Batavia where he thinks the district has moved forward during his time here but the opportunity in Schenectady fits his career aspirations. 

"It's a larger district in a larger community," Soler said. 

It also offers some significant challenges for an ambitious superintendent. The graduation rate there is 68 to 70 percent, much lower than Batavia's 90 to 94 percent, and Schenectady has a couple of schools in receivership, which are "persistently struggling" schools.

"It wasn't an easy decision," Soler said. "I thought about it a long time and this fits my aspirations to do good things for more students."

There are 9,750 students in the Schenectady district. There are 2,283 students in Batavia.

Soler will step into a district roiled by controversy and facing a $7.8 million lawsuit by its former superintendent, Larry Spring.  

The claim alleges Spring was "coerced" to resign a year ago based on what he insists were false sexual harassment and workplace retaliation allegations made by a female employee, and that the district subsequently breached a confidentiality agreement by allegedly sharing materials concerning the claims against Spring with the media.

Soler said he was aware of the situation but knew no more about it than what has been reported in news sources. He then shifted the discussion to the bigger challenge of the academic issues in the district.

Soler has not officially resigned. He informed the school board and the staff of his position as the finalist in Schenectady because his potential appointment is being made public in that community today. Once the Schenectady board approves his appointment -- the vote is Wednesday -- Soler will formally resign from Batavia City Schools and begin working with the board and staff on a transition.

The Batavia City School District Board of Trustees recently approved a contractually scheduled 2-percent raise for Soler along with a one-year contract extension, extending the agreement to 2024. Soler was expected to make $164,800 in 2021-22.

After more than eight years with the Schenectady district, Spring was earning $205,000 a year at the time of his resignation.

Letter:

Good morning Batavia Staff, 

I hope your summer recess has kicked off to an amazing start and you are finding time to rest, rejuvenate and recharge. I am writing to let you know that today it will be announced that I have been selected as the next permanent candidate for Superintendent of Schools in the Schenectady City School District in Schenectady, NY. 

This was not an easy decision given all that we have endured and achieved in my short tenure. I want to first thank the Batavia Board of Education for their continuous support and understanding. Once I am officially appointed I will be working with the Board of Education on a transition plan to ensure the district is supported and ready to reopen in the Fall, Batavia Strong. 

It has truly been my honor and privilege to serve the children and families of Batavia for the past year and a half. I thank the many parents, community members and countless committed educators and staff members, who have offered their unwavering encouragement, resources, and expertise on behalf of children. What we accomplished during a pandemic is commendable and will never be something I will forget. In addition, working with the dedicated individuals on the leadership team and staff who also comprise the Batavia School Board has been equally rewarding. 

Most importantly, I thank the students of Batavia, for demonstrating their talents, resilience, persistence, and skills to all of us during what has been a difficult time. The work we accomplished across the district includes experiences that I will take with me as I embark on this new opportunity.

I am extremely proud of the work we accomplished together during my time in Batavia City Schools. Behind each of these accomplishments lies the hard work and dedication of the exceptional Leadership Team in the district. 

These are but a few of those achievements and highlights:

• Developed a strong Reopening Plan in the Fall of 2020.
  • No layoffs or mid-year cuts in staff during pandemic despite ongoing threat from Governor’s Office regarding a 20% reduction.
  • Stayed open five days a week throughout the majority of 2020-21 school year for our English Language Learners, Special Education, and at-risk students.
  • Reopened schools for the last 10 weeks to 5 days of in-person learning.
  • All of our student-athletes were able to have a sports season this year.
• 2019-20 Budget: Closed $2 million deficit & 0% Tax Increase - 63% Community Approval.
• 2020-21 Budget: Adopted with 0% Tax Increase and no impact on staff/ programs - 82% Community Approval.
• The 2020-21 Budget includes fully funded appropriated & unappropriated reserve funds.
• Graduation rate for 2016-20 Cohort 93% (June) Cohort 94% (August) - 2% point growth from the previous cohort.  Estimated to be higher for 2017-21 Cohort.
• Served 500,000 meals to our community since March 2020.
• Opened the new Family and Community Engagement Center at Robert Morris.
• Launched a Community Schools Initiative that focuses on equity, opportunity and family.
• Implemented a Strategic Planning Process - that will help guide the district forward for years to come.
• Adopted Policy 8140, Equity, Inclusivity, and Diversity in Education - which will create systemic structures and practices to ensure ALL kids are supported.
• District-wide Equity Journey.
• Grants Awarded:
  • My Brother’s Keeper Family & Community Engagement Grant - $500,000 (4 year Grant).
  • Extended School Day/ School Violence Prevention Grant - $1.75 million (5 year Grant).
• Built a new state of the art playground at Jackson Primary School.
• Assisted in adding an eSports Program at BHS in partnership with Daemen College.
• Successfully Negotiated contracts for the Batavia Custodial Department, Batavia Administrative Association and IT Department. 
• Energy Performance Contract Initiated that will bring operational savings to the district.
• Completed an updated Building Condition Survey of all district facilities. 
• Implemented new website management and communication platform - Thrillshare by Apptegy.
• Added a new critical executive position to the organization overseeing Human Resources, labor relations and personnel matters. 

I wish much-continued success for Batavia and the Batavia City School District. Batavia will always hold a special place in my heart as the district of my first Superintendency. I will, at the pleasure of the Board, spend my remaining time ensuring and assisting in a smooth transition in order to maintain the positive momentum that has begun. 

Enjoy your holiday weekend.

Acknowledging that she is at the starting line, longtime Batavia City Schools administrator Julia Rogers says she has great expectations for the district’s new Batavia Community Schools program.

“I think the biggest thing is that we want to get our outreach in many different areas,” said Rogers, a Batavia native. “Batavia Community Schools wants to be everywhere and anywhere so that people know that we’re here to support the community – even during the summer when we’re based at Robert Morris (building on Union Street).

Rogers was speaking during an interagency informational event in conjunction with Genesee/Orleans Council on Alcoholism and Substance Abuse last week at The Recovery Station on Clinton Street Road.

She said the goal of Batavia Community Schools is to inspire student success in many different ways, exploring opportunities and activities beyond the classroom.

“We find that in order to encourage success in the classroom, you also have to support the families. And by supporting the families, we’re looking at all aspects – from integrated student supports, mental health, dental, medical, healthy lifestyles and also jobs,” she said.

The program’s framework is adaptable to communities of all sizes, she said, mentioning that Wayne County has launched one for its school district.

“For Batavia, it really works with our demographics,” she said. “We have all different needs in our community. We’re going to be working with elders and working with the young. Really, this goes beyond the academics of school.”

Rogers said that as someone who grew up in Batavia, she understands the community and most of its needs, but admitted “that I’m learning through this position that there are needs that I wasn’t aware of.”

“The initiative is going to continue to grow as we have evening and weekend programming lined up. We’re building this and we’re open to ideas from residents to help us move forward,” she said.

Several agencies participated in the event, including Richmond Memorial Library, Hillside Children’s Center, ACT, Blue Cross/Blue Shield, Young Life and, of course, GCASA.

Sherri Bensley, assistant director of Prevention at GCASA, said she set up a “Hidden Mischief” test for parents – a mock teen bedroom that was “planted” with numerous illegal drugs (facsimiles), drug paraphernalia and drug references.

The object was to see how many of these things parents could find in the three to five minutes they were given to search the bedroom.

“Once they do that, we do a presentation and show them different things that kids have hidden, such as a stash can or drug references that parents don’t know about,” Bensley said. “It has been a program that we have taken throughout Genesee and Orleans counties -- to schools, open houses and those type of things. It’s really a popular program right now that is providing valuable education to parents about the drug culture.”

Photo at top: Julia Rogers, center, Batavia Community Schools coordinator, greets Erin Mattison, left, and Halee Potter, educators with ACT, a Community Action of Orleans and Genesee program that offers a curriculum geared to helping those from the ages of 11 to 21 make responsible choices when it comes to sexual health.

Photo at bottom: Carla Laird, front, and Melissa Vinyard search for drugs and drug-related items during a "Hidden Mischief" exercise offered by GCASA at the recent informational fair at The Recovery Station.

Disclosure: Mike Pettinella is the media specialist for GCASA.