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Genesee County's job applicant pool shrinking as employers continue try to fill open positions

By Howard B. Owens

The labor market in Genesee County continued to tighten in May the number of people in the job market without a job dropped by 200 from the previous month.

In May 2021 in Genesee County, there were 1,200 people in the labor force without jobs according to NYS Labor Department data.

The unemployment rate is 4.2 percent, or similar to May 2017, when it was 4.3 percent. In May 2019, the rate was 3.2 percent. Last year, three months into the coronavirus pandemic, it was 11.1 percent.

Meanwhile, there are 1,057 open job positions listed with the Job Bureau in Genesee County, according to Director Teresa VanSon.

Also according to the state, there are 21,000 non-farm jobs that are filled in Genesee County, up 1,700 from 19,300 May 2020. The total private-sector jobs jumped from 14,200 to 15,900 year-over-year. Government jobs remained unchanged at 5,100.

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

By Mike Pettinella

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The project manager of Le Roy Meadows says a solid plan is in place to address more than $600,000 in back taxes owed to Genesee County and necessary roof and driveway repairs at the 10-building, 80-apartment complex at 18 Genesee St.

David Renzo Jr., president of V&V Development Corp., of Batavia, today said a vouchering system to retrieve subsidies owed to the project by the U.S. Department of Housing and Urban Development and a commitment of an investment group out of California, which owns 95 percent of the complex, are the keys to getting Le Roy Meadows back on track.

“As soon as we get the subsidy in for all that, the taxes are going to be paid,” Renzo said.
“We’re resubmitting vouchering covering the past three or four years, and we’re thinking that in four to five weeks we will start receiving the HUD subsidy again and the taxes will be paid.”

The Batavian has learned that the county is waiting to receive $605,886.43 in back taxes owed by Le Roy Meadows -- $603,167.33 on the property assessed at $2.2 million and another $2,719.10 on a small parcel assessed at $10,000. The taxes are for the years 2018, 2019, 2020 and 2021.

Genesee County hasn’t started the foreclosure process yet due to the signing by Gov. Andrew Cuomo of an extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act through Aug. 31.

Renzo said the location’s current problems stem from HUD suspending its contract with Le Roy Meadows several years ago. Tenants there pay 30 percent of their monthly income toward rent with HUD supplying the difference.

“Our HUD contract was suspended but we’re working on that with HUD right now by sending the vouchers (for the back subsidies),” he said. “There was a lot of confusion. The tenants shouldn’t be worried now because we have a plan in place. They’re not going to lose their rental assistance.”

He said the worst-case scenario is that tenants will receive an individual voucher that can be used for the rental assistance – giving them a choice between staying at Le Roy Meadows or taking that voucher to live somewhere else.

“Right now, rental assistance is project-based. The investment group in California is committed to getting this done. They’ve got positive feedback from HUD and getting the back subsidy that is owed to us to pay off the taxes and get the work done,” Renzo advised.

Concerning the condition of the roofs and driveway, Renzo said he is working with the investment group, soliciting the bids and lining up the work, to have all of the roofs replaced and to blacktop “the worst part of the driveway.”

He also said that repairs of the original sidewalks are part of the plan.

The tarps covering the roofs on many of the buildings are there as precautionary measures, he noted. Thus far, one of the 10 roofs has been repaired.

“With the subsidies about to come, plus the reserve accounts that we have set up and the backing of the investment group, the work will get done,” he said, adding that the interior of the apartments are in “great shape.”

Renzo said that contrary to what was reported in another local news outlet, neither he nor the V&V Development Group own Le Roy Meadows. He did say that plans are to bring in a new management group specializing in HUD policies and procedures to run Le Roy Meadows.

V&V Development Group also manages three complexes governed by the United States Department of Agriculture – The Meadows at South Main Street and Northside Meadows, both in Batavia, and Corfu Meadows.

Photo: Le Roy Meadows building with tarps protecting the roof, which needs replacing. Courtesy of Le Roy code enforcement officer.

GCASA, Batavia Community Schools to present informational fair Thursday at The Recovery Station

By Press Release

Press release:

Genesee/Orleans Council on Alcoholism and Substance Abuse and the Batavia Community Schools initiative are joining forces to present a “School’s Out for Summer!” informational fair from 6 to 7:30 p.m. Thursday at The Recovery Station at 5256 Clinton Sreet Road.

Shannon Ford, GCASA’s director of Communications/Development/Prevention, said the event is set up to provide available resources, such as summer activities and educational opportunities, for both parents and youth.

“GCASA’s Prevention Team is very excited to partner with Batavia Community Schools to host this event at The Recovery Station,” Ford said. “After a long, challenging school year, we want to make sure parents and youth have the resources they need to stay healthy and safe. We’re hoping families will stop by, have some fun and get some important information that we plan to share.”

Batavia Community Schools is a new program developed by the Batavia City School District. Its mission is to unite the Batavia community and schools through shared resources, working partnerships, and open, collaborative communication.

Julia Rogers, coordinator of Community Schools, said the event with GCASA “aligns nicely with our vision of building a better Batavia by promoting equitable learning activities, cultivating healthier families and establishing a stronger community.”

Thursday’s activities include Hidden Mischief (a hidden-in-plain-sight experience) for adults from 6:15-7:15 p.m. and special games for children during that time. Attendees will be able to tour the facility.

Refreshments will be available from Pub Coffee Hub.

Other participants include Blue Cross Blue Shield, Hillside Children’s Center Young Life, The ACT Program.

It isn’t too late for other community agencies or organizations to participate, Rogers said, adding that she can be reached at (585) 343-2480, ext. 1004.

CLICK HERE for more information about Batavia Community Schools.

Law and Order: Two adults accused of allowing three children to physically fight on Lewis Place

By Billie Owens

Christopher P. Thomas, 37, was arrested June 11 and charged was endangering the welfare of a child. It is alleged that at 6:37 p.m. on May 13 that Thomas allowed three children to engage in a physical fight with another person on Lewis Place in Batavia. Thomas was issued an appearance ticket and is due in Batavia City Court on June 22.

Nicole R. Griffin, 39, was arrested June 12 and charged was endangering the welfare of a child. It is alleged that at 6:37 p.m. on May 13 that Griffin allowed three children to engage in a physical fight with another person on Lewis Place in Batavia. Griffin was issued an appearance ticket and is due in Batavia City Court on June 22.

Brandon Crawford, 19, was arrested June 15 and charged with petit larceny. It is alleged that at 6 p.m. on June 1 on Kingsbury Avenue that Crawford took a sum on money from residence while he was house sitting for a family on vacation. He was processed, issued an appearance ticket returnable to Batavia City Court July 6, and then released.  

Tierance J. Davis Sr., 34, was arrested at 5:52 p.m. June 8 and charged with endangering the welfare of a child. He was arrested after a physical altercation that day with a juvenile female on North Lyons Street in Batavia. Following his arraignment in Batavia City Court, he was released on his own recognizance. He due to return to court July 15.

Angie Maniaci, 39, was arrested at 3:37 p.m. June 12 by Batavia Police Officer Peter Post on Chandler Avenue in Batavia and charged with second-degree harassment. It is alleged she struck another person after a brief argument. Maniaci was issued an appearance ticket for Batavia City Court and is due there June 22.

Shawn P. Wolcott, 38, was arrested at 11:30 p.m. June 11 on West Main Street Road in Batavia and charged with second-degree criminal contempt and resisting arrested. It is alleged that he violated a stay away order of protection by coming to the protected party's residence. Wolcott then allegedly resisted arrest when officers attempted to take him into custody. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court July 1.

Robert Williams Jr., 30, was arrested at 1:51 a.m. June 13 on Hutchins Street, Batavia. He is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI common law; aggravated unlicensed operation in the first degree; and operating/using/leasing/renting, or was loaned, a vehicle without a required ignition interlock device. The arrest follows a traffic stop after a patrol allegedly observed traffic violations. Williams was released with traffic tickets and is due in Batavia City Court on June 22.

Danielle Weldon, 19, was arrested at 9:24 p.m. June 10 on West Main Street in Batavia and charged with second-degree harassment. Batavia Police Officer Peter Post arrested Weldon after an unspecified incident at a local restaurant. She was issued an appearance ticket and was due in Batavia City Court on June 15.

Jacob Hernandez, 26, was arrested by Batavia Police Officer Peter Post June 9 on a bench warrant out of Batavia City Court. It stems from an unspecified incident at 5:52 a.m. Sept. 22 on Jackson Street in the City of Batavia. After his arraignment June 9, Hernandez was released on his own recognizance. He was due back in city court June 17.

Heather Holbrook, 36, was arrested on a warrant out of Batavia City Court at 9 a.m. June 2 on West Main Street in Batavia. Holbrook is accused of failing to appear in court May 12 for an unspecified incident that occurred Jan. 14. She was issued an appearance ticket for a later date (unspecified) and then released.

County residents invited to DeWitt Recreation Area on July 10 for comprehensive/recreation plan activities

By Mike Pettinella

The road to updated Genesee County Comprehensive and Recreation plans is much more demanding than the proverbial “walk in the park” but County Planning Director Felipe Oltramari is hoping an event of that name helps move the municipality closer to its goals.

Oltramari is inviting county residents to come to the DeWitt Recreation Area at 10:30 a.m. on Saturday, July 10 for Walk in the Park!, an interactive gathering featuring a walking tour of the Cedar Street site, workshops, question-and-answer session, and available food and refreshments from Pub Coffee Hub.

Representatives of Prospect Hill Consulting LLC, of Buffalo, the firm coordinating the plan revisions, and Joy Kuebler Landscape Architect, of North Tonawanda, a subcontractor, will be attending.

“We’re trying to come up with a new framework (of plan components), with the main thing that we want to do is see if we can modernize the way that we present it to the public,” Oltramari said. “That is why having this Genesee 2050 website is important. It will be a hub where people can get information and we can share across departments. We want to use technology more instead of having just in-person meetings and PowerPoint presentations.”

He also said a second piece of the puzzle is creating a countywide recreation plan.

“With that, we can look at potential trails, gaps in our park system and recreational activities that we want to have or encourage; sort of set us up for more grant funding in the future,” he said.

Oltramari said planners, legislators, community members and consultants have been updating the comprehensive plan every year since 2000 – utilizing focus groups and steering committees – but now they want to update the entire plan.

A comprehensive plan is a long-range guide for future development and resource protection that considers land use regulation, zoning code revisions and future ordinances. It consists of the following elements:

  • Demographics and Socio-Economics
  • Land Use, Environment, & Place Making
  • Agriculture and Food Production
  • Arts, Culture, Parks & Recreation
  • Housing Opportunities
  • Transportation & Mobility
  • Technology & Utilities
  • Community Wellness
  • Economic & Workforce Development
  • Safety, Security, and Justice
  • Education and Government Administration

“We had some funding set aside for the recreation plan capital project and we didn’t have any luck getting a grant to help pay for it,” Oltramari said. “So, in 2019 we decided to try for a grant for both the comprehensive plan and the recreation plan together, and we were successful in getting that grant.”

On Wednesday, the legislature is expected to vote on a resolution to add a $40,000 grant from New York State Empire State Development to the Comprehensive/Recreation Plan Capital Project.

The grant stipulates that Genesee County provide a cash match of $45,000 and in-kind contribution (personnel, ancillary costs) of $15,000 for a total project cost of $100,000.

Other resolutions on Wednesday’s agenda include:

  • Accepting $157,927 from the American Rescue Plan Act of 2021 to fund improvements and modernization to the infrastructure that directly supports cybersecurity, Public Health, Mental Health and Emergency Management Services departments.
  • Extending two temporary full-time clerk typist positions, three temporary full-time COVID-19 response specialists and one temporary full-time epidemiologist until March 31, 2023 ,with salary and fringe benefits funded by the expanded COVID-19 grant funds ($342,558) and allocated in the 2021, 2022 & 2023 budgets.
  • Contracting with Flynn-Battaglia Architects P.C., of Buffalo, for an amount not to exceed $38,000 to update construction documents to reflect the current condition of the former Genesee County Sheriff’s Office and Jail building at 14 Main St. so it may be repaired. It has been reported previously that the stone work on the front portion of the historic building continues to deteriorate and requires emergency repairs. The consultant services will be paid from the Genesee Justice Stone Work capital project.
  • Reappointing Phillip DiMartino, of Batavia, to the Genesee Community College Board of Trustees effective July 1, 2021 through June 30, 2028. DiMartino has served on the board since July 1, 2019.

Candidate race for Stafford Town Clerk proving contentious; Republican Primary election is Tuesday

By Mike Pettinella

Incumbent Julie Scheuerlein is pointing to her 19 years of service in the Town of Stafford as she seeks to fend off a challenge from Barbara Radley, who has been endorsed by all four town councilmen and the Stafford Republican Committee, in Tuesday’s primary election for town clerk.

Apparently, the battle lines have been drawn as the councilmen are calling for a change due to job performance issues. They believe that Radley, currently a deputy clerk for the Town of Byron and a former Stafford deputy clerk in Scheuerlein’s office, is the best choice.

Scheuerlein, however, disputes the board members’ and Republican committee’s position, stating that in her four years on the job – following 15 years as the municipality’s court clerk – she has served the town well despite the board’s failure to provide her with adequate training and support.

Major points of contention, per the town board, are that the Town of Stafford has not collected its own taxes over the past two years -- relinquishing that task to Genesee County after errors in the tax roll were discovered in 2019 -- and that Scheuerlein has not provided accurate and timely meeting minutes.

Early voting by registered Stafford Republicans for their next town clerk continues from noon to 5 p.m. today and Sunday at the ARC Community Center, 38 Woodrow Road, Batavia, and concludes on Election Day from 6 a.m. to 9 p.m. at the Stafford Town Hall.

At stake is an opportunity to represent the party in the November election. The position, which requires a commitment of 30 to 35 hours, lists a salary of around $33,000.

TOWN BOARD ISSUES A STATEMENT

Town board members issued a statement, that has made its way onto Facebook, endorsing Radley:

“It is rare for town board members to make an endorsement of a candidate. It is even rarer for all four board members to endorse the same candidate. Bob Pacer, Ron Panek, Don Mullen and Jim Duyssen have all endorsed Barb Radley.

“The Town Board needs a clerk that has a plan for a defect-free submission so that they can confidently bring back the taxes from the county. Stafford is the only town in Genesee County that has had to outsource their tax collection.

“The Town Board needs a clerk that can provide timely and accurate recording of the proceedings and propositions of each meeting. These records need to be made available to the public within two weeks of the meeting.

“The Town Board needs a clerk that provides error free services to minimize customer complaints.

“The Town Board is confident that Barb Radley can turn around the clerk’s office on these three issues.”

PANEK POINTS TO ‘ERRORS’

Contacted by The Batavian, Panek said errors in the minutes are the “biggest issue,” adding that they are finding 10 to 12 major corrections a month.

“There would be missing motions, and sometimes the motions would be listed as just the opposite of what we’d voted on,” he said. “And sometimes carrying over, using the old minutes as a carryover format, and who was actually at the meeting would be mixed up.”

Panek said that he spent time researching the New York State law, and found that “the town clerk should attend all board meetings and should record the proceedings and the propositions that are presented at the meeting.”

“Some wives’ tale that people believe is that you can only put down the motions and that’s adequate. Well, that’s not true because the law says you’re supposed to do the proceedings,” he said.

He said the town’s previous clerk, Walt Kershenski (who served from 2004-18) set the standard, “perfectly striking a balance between enough information and not enough information.”

“Now, the problem is that if they record the meeting, we get the minutes so late – sometimes two days before the next meeting. I think what is done is that they are left until the last minute and they try to use the recording to piece it together and they can’t remember exactly what took place,” he said.

STAFFORD CONTRACTS WITH COUNTY

On the tax collection issue, he said the Genesee County Treasurer’s Office found “all kinds of errors” in the 2019 roll, and had to “invest a ton of time – I know over 100 hours – into fixing the tax roll.”

After that, Genesee County took over the duties, charging the town $2,500 in 2020, and $5,000 for the just-completed 2021 collection.

Panek said the town board withheld a raise for Scheuerlein because of that – and actually cut her pay for the original $2,500.

“I had told her when she was complaining about not getting a raise that we need a plan on how you’re going to bring it back. Who are you going to get to train you? Who are you going to get – an experienced clerk – to help you through it? We got nothing,” he said.

“It’s already cost us $7,500 and now we’re hoping that the voters of Stafford will give us somebody who can do taxes.”

REPUBLICAN COMMITTEE STATEMENT

The Stafford Republican Committee, which is chaired by Panek’s wife, Mary Alice, also endorsed Radley after interviewing candidates (Scheuerlein, Radley and an undisclosed third person) in January.

Its statement is as follows:

“Barb Radley provided a presentation which gave the committee confidence they were providing the best candidate:

“1 – The county took over the tax processing due to the submission failing the audit of the tax roll. Barb’s presentation gave the committee confidence that the town board could bring the tax processing back under her direction.

“2 – Her presentation demonstrated her experience in providing a defect-free process in an environment where information must be right the first time.

“3 – Finally, the committee was confident that Barb would provide a friendly, customer-oriented environment.

“Based on this presentation, the decision was made on a single ballot with a unanimous (11-0) vote. The choice was clear.”

CHAIR: A UNANIMOUS DECISION

Mary Alice Panek said committee members voted 11-0 to endorse Radley. She said it was a combination of Radley’s experience and “some of the issues with the present day town clerk” that gave Radley the nod.

She, too, mentioned board minutes’ inaccuracies, the fact that the minutes are not posted to the town’s website in a timely fashion and “multiple errors in licensing.”

“This was from members of the committee who had encountered mistakes and had to go back to the town hall several times for marriage licensing, hunting licenses, dog licenses,” she said. “There was an issue with the handicapped parking sticker that had the wrong dates put on it and an issue where one of the funeral directors came in for a death certificate because he had to bury the person and she (Scheuerlein) told him that she was busy and he’d have to wait a couple days.”

Mary Alice Panek also said the committee talked about the tax returns, citing multiple errors and having to pay the county for the service.

The committee chair applauded Radley’s varied work history, as an employee of the Le Roy Central School District, U.S. Postal Service in Stafford and other area locations and, currently, as the deputy clerk for the Town of Byron.

“Byron submits its taxes on time and there haven’t been any issues. She certainly has a valid and successful experience as a deputy town clerk,” she said.

SCHEUERLEIN: ‘INTEGRITY ATTACKED’

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Scheuerlein, part of a family of 11 who grew up in Le Roy before moving to Stafford, said that things are being blown out of proportion and faults the town board for not providing her with the tools she needed to excel after transitioning from the court system to the clerk’s office.

“When I started this job, I was never trained at all,” she said. “You would think the board would come in and ask, ‘What do you need?’ No, no, no. And then I heard from somebody at the Stafford Trading Post telling me what they were going to do with me concerning the tax issue. How do you muddy somebody’s name like that?”

She said it has come to a point where her opponents are attacking her integrity.

“At this point, it has turned into a defamation of character. How do you become a court clerk and then a town clerk, and now all of a sudden, you can’t handle a job? That’s what they’re doing,” she said. “What they’re doing doesn’t negate that I know how to do my job.

“That indicates that I started this job and didn’t know it. There are two variables here. I had a support system in the court, which is totally different than the board. Not one of those board members … come down to the office all month long; the only person who is there every day is (Supervisor) Robert Clement."

Calls yesterday to Clement for comment have not been returned.

A ‘TAXING’ SITUATION

When asked about the tax collection situation, Scheuerlein said it was a board decision to contract with Genesee County.

“There was one bounced check that caused the problem. Barb (Radley, her deputy clerk at the time) had assured me that she had secured the funds for that check,” she said. “But we didn’t have that money. It was like $1,700, off the top of my head.”

Scheuerlein said that she eventually recovered the funds after threatening to take the matter to the Genesee County Sheriff’s Office.

She said her mistake was that one check, “plus I counted on the person working for me.”

“That was my mistake, and what it tells me is that I shouldn’t have depended upon her.”

She said Radley abruptly quit the job in September 2019 after a year’s service.

As far as having a plan to regain tax collection responsibilities, Scheuerlein said the board has not asked for one.

“You show me where they’ve asked for that. That has never been said. What has been said is that has been taken away, and the supervisor said that he has two people right now that will handle the taxes – and one of them is extremely efficient and the other one will be just fine,” she offered.

County Treasurer Scott German said that an accounting firm recommended finding an alternative to having the town do the tax collection after the problems in 2019, but also indicated that no money was missing and there was no official audit.

A CONFLICT OF INTEREST?

Scheuerlein contends that the disclosure of information pertaining to her job by Ron and Mary Alice Panek, in the roles as town councilman and Stafford Republican Committee chair, is out of line. She also sees a conflict of interest, something that Mary Alice Panek disputes.

“As far as talking to one board member, Ron Panek, he is married to Mary Alice and there is a conflict of interest,” Scheuerlein said. “How can you, with your husband being on the town board, say the things about town business that you’re saying in public?”

When asked if her role on the Republican committee could be perceived as a conflict of interest, Mary Alice Panek replied, “Not at all. I’m not an elected official. I’m not elected by any general election. I’m just elected by the Republican committee.”

Scheuerlein also said there have been instances of board members inappropriately talking about town business in public, and took exception to having her salary reduced because the town had to pay the county for the tax services.

“This is part of what I feel is discrimination that is going on,” she said. “How can you take salary from me to pay for the tax bill? The first year that I went in, they told me to prove yourself. I said OK. The second year, they put me at one price and then they didn’t raise me the third year. And the fourth year, they took away what they paid in taxes (collection).”

She also said councilmen are “nitpicking” over the minutes -- “I know what I am writing down,” she said – and has been mostly on her own for the past year and a half. Currently, she has a part-time deputy clerk, working about four hours a week.

CLERK WANTS TO ‘BE AVAILABLE’

Beyond the social media back-and-forth, Scheuerlein said she has served the Town of Stafford proudly (she also assisted courts in Darien, Bergen and Byron) and “wants to be continue to be available in the office for the town residents.”

“We’re looking at the home stretch. Nobody can take my 19 years away from me. I never thought small town politics would go this way,” she said.

“I love my town. I’ve met a lot of nice people – going door to door and hearing what they feel. The pandemic wasn’t conducive for that. Now that we’re out of it, I’m very grateful that we can move forward with things.”

She said she is well known in the community and is confident in her abilities.

“As far as the town people, I have a lot of residents that have been supportive of me from the beginning,” she said.

RADLEY TOUTS EXPERIENCE

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Radley, one of a family of eight, also grew up in Le Roy and his lived in Stafford for more than 40 years. She emphasizes her track record of successful employment in various venues, starting with food service work at Le Roy Central School for 18 years.

She said she supervised nine employees at the school, where she also served on the Character Education Committee.

From there, she worked at the Stafford Post Office for 12 years, through 2016, with the first 10 years as postmaster relief. She also spent two and a half years as the officer in charge at the Mumford post office, streamlining the operation, and also worked at the York and Warsaw post offices.

A former executive director of Stafford recreation and town hall building committee member, Radley said she worked for Scheuerlein for a year. After she left, she quickly was hired as Town of Byron deputy clerk and continues to work in that capacity.

Addressing circumstances surrounding the tax collection issue, she said, “I did as I was told.”

“As deputy, I accepted many checks that came in. And it’s up to the clerk to check and make sure that everything is in line,” she said. “As deputy clerk, I assisted her with the tax collection and would add up the daily receipts and she took it from there. It is the clerk’s responsibility to take care of taxes from there and it is the clerk’s responsibility to sign for them and make up the final tax roll. The deputies just assist.”

When asked if she left on good terms, she replied, “I felt that I wanted to leave and wanted to learn a different perspective.”

As for the election, Radley said she has “the experience, am known in the community and am knowledgeable, and I will save the town money by taking back the tax collection (should the town board vote that way).”

Pembroke teen accused of unlawful imprisonment, criminal contempt, having high capacity ammo device

By Billie Owens

Christopher C. Good, 19, of Cohocton Road, Pembroke, was arrested June 8 and charged with unlawful imprisonment in the second degree, a Class A misdemeanor, stemming from an incident that occurred earlier that day. He was arraigned virtually by Bergen Town Court and released on his own recognizance. A subsequent investigation led to the Genesee County Sheriff's Office executing a search warrant on his residence June 15. Good was allegedly found in possession of a firearm, in violation of a previously served order of protection, and in possession of a high capacity ammunition feeding device. Good was arrested and charged with second-degree criminal contempt, a Class A misdemeanor, and criminal possession of a weapon in the third degree, a Class D felony. Good was arraigned virtually in Genesee County Court and remained in custody of the Sheriff's Office, jailed in lieu of $2,500 cash bail or $5,000 bond. The county DA's office assisted in the investigation.

Stephen J. Rucinski, 38, of West Main Street, Le Roy, is charged with three misdemeanors and a violation, respectively: criminal possession of a controlled substance, 7th; obstructing governmental administration in the second degree; aggravated unlicensed operation in the second degree; and no or inadequate license plate lamps. At 12:59 a.m. on June 9, Genesee County Sheriff's Deputy David Moore attempted to conduct a traffic stop of a vehicle in the area of Selden Road and Route 19 in the Town of Le Roy. The operator, Rucinski, allegedly fled from the vehicle into a wooded area north of Selden Road. Deputy Nicholas Chamoun, Deputy Andrew Mullen and K-9 Frankie arrived on scene to assist locating the defendant. Following a successful track by K-9 Frankie, Rucinski was taken into custody without incident. It is alleged that he was in possession of a controlled substance at the time of his arrest and that he was driving with a suspended NYS driver's license. He was released with appearance tickets returnable to Le Roy Town Court July 6. Also assisting in this case were Sheriff's Sgt. Andrew Hale and members of the Le Roy Police Department.

Batavia High senior receives William F. Brown Jr. Memorial Scholarship from The Jerome Foundation

By Mike Pettinella

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Inspired by the oldest continuously operating newspaper investigative journalist department in the nation, Batavia High School senior Sophie Beckman is determined to helping the downtrodden and oppressed people in society while working toward her newswriting goals.

Beckman’s aspirations, along with her academic achievements and extracurricular activities, impressed the scholarship committee of The Jerome Foundation, which has awarded her with the William F. Brown Jr. Memorial Scholarship for 2020-21.

Beckman, daughter of Anthony and Jolene Beckman, was honored Thursday at a luncheon at Terry Hills Restaurant.

The $4,000 scholarship -- $1,000 annually for four years – is given to a graduating senior from a Genesee County high school who will be pursuing a career in journalism, communications, marketing or public relations.

It is presented in memory of William F. Brown Jr, a local journalist who was very involved in community service and was a charter member of The Jerome Foundation.

Beckman, who placed third in her graduating class, will be attending the State University of New York at Stony Brook, which is located on the north shore of Long Island -- approximately 60 miles east of New York City.

She said she chose Stony Brook for its journalism school and hopes to carve a path for herself to work in the metropolitan area.

“One of my end goals is to become an investigative journalist, and focus on uncovering things beneath the surface to help people who have been marginalized or just have experienced injustice in the world,” she said. “An inspiration behind that is the investigative journalism team, such as the Spotlight team from the Boston Globe.”

It was the Spotlight team that uncovered and reported upon widespread and systemic child sex abuse in the Boston area by numerous Roman Catholic priests.

“When I heard about that, that’s why I wanted to become an investigative journalist to uncover stories like that on a national level,” she said, noting that she became interested in journalism during her sophomore year. “Not only from the investigative standpoint but also because I love writing – and sort of combining writing with social activism, which is what I really want to pursue and journalism seemed like the perfect combination of that.”

Beckman said The Jerome Foundation scholarship stood out for her because “it was for someone who was pursuing journalism and also that wanted to help other people, the way Mr. Brown did.”

“He helped the community and, based on what I read, he promoted Genesee County in particular,” she said. “And The Jerome Foundation, in general, their goal is to provide funds to better the community and I think that’s the ideology that I have – to use my work to better the community; not just to better myself, but to help others.”

Beckman completed many advanced placement courses at Batavia, and also is graduating with a Seal of Biliteracy as a result of taking Spanish throughout high school, including college-level classes. She also was involved in varsity sports, mock trial, scholastic bowl, National Honor Society and student government.

She said she hopes to intern next summer when she’s back home, mentioning The Batavian as a possible place to gain experience.

Photo, from left: Ron Chrzanowski, vice president of The Jerome Foundation, presents a plaque recognizing Sophie Beckman, a Batavia High School senior, with the William F. Brown Jr. Memorial Scholarship as Sophie's father, Anthony, and Joseph Scanlan, Ed.D., member of The Jerome Foundation Board of Directors, look on. Photo by Mike Pettinella.

Basom-based Alleghany Farm Services takes drainage design, installation to a new level

By Mike Pettinella

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Keeping abreast of the latest technology, maintaining a talented and dedicated staff and understanding the importance of building relationships have enabled Alleghany Farm Services LLC to deliver on its motto: Digging In. Helping You Grow.

Chad Klotzbach, managing partner, on Thursday invited customers, community leaders and friends to learn more about what it takes to properly provide drainage to farmland – and also to enjoy some food and refreshments – during a Field Day event at their business at 7342 Alleghany Road, Basom.

“We figured after COVID. Everybody is planted at this point. Wheat hasn’t come off yet. So, it’s a good kind of beginning to the summer break for everyone to get out and have a bite to eat and check everything out,” Klotzbach said.

Invitations were sent to about 300 people, mostly customers, he said. The company’s customer base stretches across the state and also to Connecticut, Massachusetts, Pennsylvania, Vermont and, most recently, Maryland and Delaware.

Alleghany Services was founded in 1983 by Chad’s father, Drew, who continues on as a partner in the firm, which consists of multiple companies, with Alleghany Farm Services and Alleghany Construction as the two largest.

Last night’s event, which featured complimentary food from Center Street Smokehouse and beverage from 42 North Brewing Company – and live radio coverage by WCJW (CJ Country), highlighted the farming side of the operation.

“Our focus tonight is to educate people about drainage and the benefits and the various equipment we have to serve the customers – from our large tile plows to even our smallest one that services vineyards and orchards,” said Klotzbach, who started with the company in 2010 after graduating from Clarkson University and advanced to managing partner about two years ago.

With about 30 employees and millions of dollars in specialized (and computerized) equipment, Alleghany Farm Services has installed 20 million feet of pipe over the past 10 years – it’s up to 4 million feet a year now – and has more than doubled its size in the past five years.

Klotzbach said it is the largest business of its kind in the Northeast and was the first to incorporate Global Positioning Systems (GPS) technology in drainage design and installation in the same region.

Operations Manager Christina Fetzer explained that field drainage consists primarily of three machines -- a tile plow, an excavator and a challenger tractor.

“Those three pieces of equipment work together to install the pipe in the ground,” said Fetzer, a Lancaster resident who has been with Alleghany Farm Services for about two years. “The tile plow is equipped with GPS and the entire field is designed ahead of time.”

A graduate of Canisius College with a master's in Business Administration, Fetzer said many factors go into the design of how the pipe is to be installed.

“There’s field elevation, crop type and soil type, and we take all of that into account ahead of time to have a custom design put in. That’s inputted into the machine via GPS to install in the field,” she said.

Klotzbach said it’s all about water management and configuring the pipe system to ensure maximum crop production.

“When you install subsurface drainage in a grid pattern, you’re controlling pretty much the water table,” he said. “You’re dealing with surface saturation so you can get on the crops earlier in the spring and same thing in the fall. If you get an inch of rain, you have a lower point of saturation in the soil. With the pipes behind able to take the water away, it just allows you to get on – you can do your spring, your plowing, whatever you’re needing with harvesting.”

Klotzbach, a Genesee County legislator representing the towns of Alabama and Oakfield, said the Alleghany Farm Services team continues with its customers after the job is done.

“It starts with our sales team and then we collect data and do extensive research in order to create the proper design,” he said. “We can install on average about 15,000 feet a day per machine. We stand by our work and remain in contact after projects are completed to make sure everything is performing correctly.”

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For more information about Alleghany Farm Services and Alleghany Construction, send an email to info@alleghanyfs.com or call (585) 762-4411.

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Photos, from top to bottom:

-- Two-year-old (almost 3) Weston Passamonte enjoys a few moments in the driver's seat of a full-size tile plow during Thursday's Field Day event. The boy's father, Joe, works for Alleghany Farm Services. 

-- Chad and Drew Klotzbach.

-- Genesee County Legislature Chair Rochelle Stein, left, and Legislatore Marianne Clattenburg stand next to a vineyard plow. The vineyard plow is only seven feet wide, which enables it to go between existing grape rows and narrow orchard rows.

-- The cabin of the large tile plow, complete with GPS, cameras and other technology to ensure the proper drainage system design and installation.

-- Chad Klotzbach and a group of his customers with a stack of tiling in the background.

Photos by Mike Pettinella.

Juvenile who jumped in Indian Falls has not been seen coming to the surface, rescue units responding

By Billie Owens

Deputies, the Emergency Service Unit Water Rescue Team, and the East Pembroke and Indian Falls fire departments are responding to the Log Cabin Restaurant in Indian Falls for a report of a juvenile who jumped into the water and has not been seen since.

"Confirmed unable to locate at this time," says a first responder on scene.

The restaurant is located at 1227 Gilmore Road.

"Swimmers times five in the water -- no responders just other swimmers -- in the water searching. Just want to keep a head count," a first responder tells dispatch.

The missing person is described as an 18-year-old male wearing black shorts. 

UPDATE 3:57 p.m.: All county rescue team members are called to the scene along with the city's water rescue crew and the Alden Dive Team.

UPDATE 4:04 p.m.: The city's second platoon is called to fire headquarters. Corfu fire will be dispatched to any Indian Falls and East Pembroke calls. Three civilian swimmers are now out of the water; two swimmers remain in the water.

UPDATE 4:07 p.m.: "Just offshore from where individuals are standing now, that's where he went under," says a first responder, noting that all civilian swimmers/searchers are out of the water. Some rescuers are asked to search downstream.

UPDATE 4:12 p.m.: Rope rescuers will have to be deployed to get the civilians out of the way. Some are reportedly climbing up the side of the falls to get out. Medics are standing nearby in case they need medical attention. Five firefighters are donning life jackets and preparing to search a half-mile downstream, according to command.

UPDATE 4:17 p.m.: All the civilians are not out of the water yet; two are still in the creek.

UPDATE 4:27 p.m.: The two remaining in the water are now out. Medics are checking out some of those who were in the water. Others are told to sit down -- they are on the opposite side of the creek from the rescuers -- until rescuers can get to them and take them to safety. "I don't want them crossing the water," said command.

UPDATE 4:31 p.m.: They are interviewing several eyewitnesses.

UPDATE 4:42 p.m.: "How far down did you go?" asks a rescuer about the firefighters who looked downstream. "About 75 yards. It was pretty dry down there," is the reply.

UPDATE 5:29 p.m.: The Alden Dive Team is on scene gearing up to go underwater to look for the missing teenager.

UPDATE 5:44 p.m.: Divers are searching underwater.

UPDATE 7:13 p.m.: Officials at the scene have confirmed the 18-year-old missing male swimmer is deceased.

UPDATE 8:43 p.m.: The Sheriff's Office has released the ID of the victim. He is Jacob C. Minnick, 18, of Lockport.

Lawmakers continue to ponder whether to impose a bed tax on internet lodging booking agencies

By Mike Pettinella

Genesee County is required to extend Local Law Introductory No. 1, Year 2019 – the statute that governs how the municipality applies its hotel/motel room occupancy tax – by Sept. 30, and it will do so either with or without a revision to include online booking platforms, such as Airbnb.

County legislators, Manager Matt Landers and Attorney Kevin Earl continued an ongoing discussion of the topic during Wednesday’s Ways & Means Committee meeting at the Old County Courthouse, and this time included Erik Fix and Kelly Rapone, president/chief executive officer and tourism director, respectively, for the Genesee County Chamber of Commerce.

Fix and Rapone emphasized a changing landscape when it comes to travelers’ lodging, citing a 47-percent increase in Airbnb business since 2018.

“It’s safe to say that the law that was established in 1995 (the original year of the Local Law), doesn’t necessarily hold true today,” Fix said. “The landscape for how folks utilize our community from a visitor’s standpoint has changed … So, what we put in place 25 years ago, doesn’t really apply to those people today.”

Fix added that the goal is to come up with a formula to change the bed tax law to include booking sites where folks can book rooms (people’s homes, apartments, cottages, cabins, etc.) for a night or a week – “however we see fit, based on the changes that have taken place.”

Rapone said that homeowners and some businesses are reaping economic benefit of making rooms available on a short-term basis. Currently, these people are not subject to the 3-percent occupancy or bed tax, as it is called, that applies to hotel and motel guests.

She said she found 17 local listings on the Airbnb website (actually 23 as of today).

“And it’s not just private homes that you’ll find there,” she said. “Some businesses, hunting preserve and Farmer’s Creekside Inn, which has five guest rooms. Rates range from $40 per night to $500 per night for a really nice property on Horseshoe Lake, and weekly rates are offered.”

She reported that she contacted two Batavia-area hoteliers and both are in favor of the legislation being changed.

“They feel that these other lodging options out there have an unfair advantage (compared) to some of the costs of operating that they have, particularly insurance, franchise fees, sales tax and, of course, the bed tax,” she said.

Rapone also noted that Airbnb and similar lodging options were seeing 80- to 90-percent occupancy while hotels see 65 to 75 percent in their peak months.

“So, from the hoteliers' perspective – two of them representing three properties – they’re very much in favor of this. Not that they’re in favor of more tax and more laws, but for them this is an advantage for other people,” she said.

She said that Airbnb has agreements with about 30 other New York counties and, it was later noted, that the company previously reached out to Genesee County leaders about forging a contract here.

The sticking point as far as a revision of the Local Law is the number of rental units and the length of stay.

Back in March, Earl proposed changing the law so that it would apply to less than six units, but only under circumstances when they are rented for more than 10 nights during an entire calendar year.

“It has to be less than six units and likely just one since houses are being rented out – so anything would be eligible,” Earl said. “I wouldn’t think we’d want to include somebody that rents the house out for a weekend to a cousin. We’re thinking a minimum of 10 or 14 (nights) per calendar year; a money-making proposition.”

Rapone said her research reveals that Airbnb’s arrangements with other counties generally focused on 29 nights being considered as a nonresident, but found some that go up to 90 days at seasonal summer destinations.

The bed tax that is imposed is a levy on top of the 8 percent sales tax. Rapone said the bed tax is charged only to visitors, not county residents. She said that 60 percent or more of the bed tax revenue goes to the Chamber for marketing and advertising the county’s assets, with up to 40 percent earmarked for administration.

Fix noted that Airbnb is one of multiple booking websites (Vrbo is another), and that any change in the law would affect all of them.

Landers said the county can’t contract with Airbnb because most of their rentals are one, two and three unit rentals, which currently aren’t covered by the local law.

“So, if we want to have an agreement with Airbnb, we have to change the Local Law,” he said. “It expires at the end of September … I think the time is right.”

He compared it to imposing sales tax on internet retailers, which was done after lobbying from the brick-and-mortar stores. He also said that lawmakers are taking their time on this issue in an attempt to prevent "any unintended consequences," such as the repercussions that arose over proposed stricter regulation of secondhand dealers.

When asked for the length of stay, Fix said it would require more research, but offered that 30 days right now seems like the standard length.

While no decision was made, the county has to renew the Local Law before the end of September, likely extending it for three more years. It can add language to include Airbnb and similar companies to coincide with the renewal or it can wait until any time after Sept. 30.

Previously: County discussion focuses on local law pertaining to 'bed tax' status of Airbnb-type rental units

Tabled again. Town planners still waiting for screening projections of solar project off R. Stephen Hawley Drive

By Mike Pettinella

The third time apparently wasn’t the charm for the Batavia Town Board in its quest to receive visual screening projections from Batavia Solar LLC for a ground-mounted, 1.65-megawatt solar systems on vacant land owned by the Genesee Gateway Local Development Corp. at 99 Med Tech Drive.

The issue has delayed the project, which will be located off R. Stephen Hawley Drive across from Genesee Community College, for several months as planners have requested – thus far unsuccessfully – for the developer to provide projection pictures of the screening around the solar panels.

Planners, at their Tuesday night meeting, took the referral off the table, thinking they would be ruling on a special use permit. But after a discussion about the visuals, they voted to place it back on the table.

The planning board maintains that one-, five- and 10-year simulations of how the property will look with adequate screenings are necessary to ensure the system is out of sight from the neighboring property of Robert and Michelle Wood.

Planning Board Chair Kathleen Jasinski informed the board Tuesday that officials of the Genesee County Economic Development Center contacted her and indicated that the Woods “were agreeable to the (proposed) screening and they wondered if we could deal with this without doing the projection pictures.”

Planner Don Partridge said that he also talked to the couple.

“I feel we can get along without it (projection photos),” Partridge said. “(If)) they do a double row of pine trees there, I think that will be sufficient.”

His colleagues had different ideas, however.

Steven Tanner said he wanted to see how it would look, not only from Hawley Drive, but from other roads in the vicinity, and Jon Long agreed.

“We’ve requested it a couple times so I don’t think it’s that big of a cost to the project,” Long said. “And then we have it on file if there are any problems down the road.”

Paul McCullough said it would set “a dangerous precedent” by not obtaining the documentation, prompting Jeremy Liles to agree, before Town Building Inspector Dan Lang said he didn’t think it would be “appropriate to make exceptions.”

“I would remain consistent with everything we’ve done with every other solar. I suggest that we do require them to show us the actual detail,” Lang said.

As a result, a consensus to get the visualizations was reached, and all members, except Partridge, voted to put the referral back on the table once again.

Rising Water Levels at Ag Park

In another development, planners voted to adopt an amended version of the generic environmental impact statement for the Genesee Valley Agri-Business Park on East Main Street Road in light of an increase in the daily amount of water being used at the facility.

Town Engineer Steve Mountain reported that the current water usage at the park, which is the home of HP Hood, has moved past the original 614,000 gallons per day threshold and that future projections put the usage at 1.8 million gallons per day.

“This is the first project that exceeded the original threshold in the generic environmental impact statement … by a significant amount,” Mountain said.

The project to which he was referring to is HP Hood’s installation of a 16-inch water main from the town line on Route 5 down to the Ag Park Drive entrance that will cross the road and tie into the park.

“That will be a direct connection to the Monroe County Water Authority water source,” Mountain said. “To date, all of the water has come directly out of the city on East Main and Cedar Street.”

Mountain said the reason for the change is “water chemistry.”

“The water authority water is very low in chlorides (low levels of chlorides prevent corrosion) and you can imagine how many pipes there are in the HP Hood facility. That will alleviate a lot of the corrosion issues that they’re having,” he explained.

While that will provide additional volume for the future, HP Hood also is building a new storage tank, which it will own. Mountain said the 16-inch water main will be dedicated to the Town of Batavia.

Mountain said the 1.8 million gallons per day level is the new threshold that is under consideration, adding that letters were sent out to involved agencies and businesses. He also noted that O-At-Ka Milk Products wishes to be included in the mix for more water.

He then advised planners it was up to them to determine whether they think it is a significant impact or a negative or minor impact (negative declaration). The board then voted to adopt a revision of the original finding statements for the Agri-Business Park as it pertains to the expanded water threshold.

Batavia Town Board hires Andrew Maguire as the municipality's full-time operations manager

By Mike Pettinella

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Update June 17, 10 a.m., press release from Batavia Development Corp.:

The Batavia Development Corporation (BDC) will begin the process of seeking a new director of economic development.

Andrew Maguire, the current BDC director of economic development, has accepted a position with the Town of Batavia, his last day with the BDC will be June 30th.

"On behalf of the board of directors of the Batavia Development Corporation, we wish Andrew the very best in his new endeavor,” said BDC President Lori Aratari.

In the upcoming weeks the official employment posting and brochure will be listed on the BDC and City of Batavia’s websites -- www.bataviadevelopmentcorp.org and www.batavianewyork.com.

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Update June 16, 9:10 p.m. with comments from Maguire:

"I'm excited for the new opportunity as I see a great future for the Town of Batavia, as well as the city, and believe that the duties of this job are right in my skill set," Maguire said. "When I saw that it was advertised on the town's website, I felt that with my experience, I was a great fit and that it would be a positive career move. The town definitely has a ton of potential."

Maguire said he was grateful for the chance to serve the city with the Batavia Development Corp.

"I'm still a city resident and want the best for both the city and the town," he said.

When asked about the Ellicott Station project, that has yet to see activity on the former Soccio & Della Penna site, Maguire said it is "still poised to close with the Homes & Community Renewal agency by June 30 and that demolition and site cleanup will be starting soon."

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Andrew Maguire is leaving the city -- sort of -- and heading for the town.

Batavia Town Supervisor Gregory Post tonight announced the appointment of Maguire to the position of operations manager with the Town of Batavia, following an affirmative vote by the Town Board at its monthly meeting.

Maguire (pictured above) has served as director of economic development for the Batavia Development Corp. since November 2019.

Post said he will begin his full-time duties with the town in July on a date to be determined.

Predicting that he will be “an asset to the region,” Post said the town is fortunate to have Maguire on board, especially considering his experience as the clerk-treasurer for the Village of Oakfield for more than five years, where he oversaw billing software integration, administration and budgeting of water and wastewater.

“In Oakfield, Andrew ran the water and sewer operations there,” Post said. “He’s familiar with our software, he’s familiar with our metering system and our power connectivity. He was instrumental in getting the Village of Oakfield parallel pathed with the town as they were expanding and upgrading their system.”

Maguire’s primary responsibilities will focus on management of water and wastewater billing, meter reading and budgeting, but he also will assist with capital project planning and management, procurement of goods and services and administrative support of other town functions.

“Plus, he gained much experience in financing and grants during his time with the BDC,” Post said. “He’s very well rounded and he seems like a very smart guy … and I was very pleased to accept his application this evening.”

The position is a “new title for a similar position that a couple of other people have filled in the past,” Post said. Maguire’s starting salary is $74,880, which represents about a $15,000 raise from his BDC salary.

Post said the town has been funding Maguire’s duties by using existing staff and indicated the job will not affect the town tax rate or water and sewer rates. He said it will be funded primarily from the water and sewer accounts.

“We have seen what Andrew has been able to deliver and his thorough knowledge of the Sensus Flexnet system, water meters, and billing software the town has deployed. His knowledge of governmental finances, capital project management, grant administration, community planning, and communication skills will be an asset to the Town’s growth and prosperity,” Post added. “All of these skills are critical to delivering results and helping our community grow and prosper.”

Maguire holds a bachelor’s degree in Business Management from St. John Fisher College with a concentration in Finance. He is a 2015 graduate of Leadership Genesee.

As a lifelong resident of Batavia, he has served as a volunteer on numerous boards, committees, charitable and civic organizations. He and his wife, Jamie, have a newborn child, Greta.

Post said it is imperative to have an experienced professional running the water and wastewater operation, which continues to increase.

“We’re looking at the administration of over 3,000 water/sewer customers that we’re now serving in nine communities that we contract with, and probably soon to be 12,” Post said. “It’s a large undertaking and we need the staff for the future if we’re to be sustainable. We’ve got good growth and a lot of irons in the fire, and I am thinking that he will be an asset to the region, not just the town.”

Maguire could not be reached for comment tonight.

File photo taken by Mike Pettinella.

'It was bound to happen.' Friedman comments on recent hiring of several assistant district attorneys

By Mike Pettinella

Noting that it was “bound to happen sooner or later,” Genesee County District Attorney Lawrence Friedman is overseeing a relatively inexperienced staff as he moves toward retirement after more than 24 years on the job.

Friedman provided a review of his department at Monday’s Genesee County Legislature’s Public Service Committee meeting, reporting that all five of his line assistant district attorneys were hired during the past 27 months, and when he retires at the end of this year, the office will have another new attorney.

He said he hopes that these attorneys – Kaitlynn Schmit, Joseph Robinson, Robert Shoemaker, Andrew DiPasquale and Aaron Moore – will continue to serve the county after his departure.

“I’d like to think that most of them will stay,” he said. “Eleven years ago, every attorney had more than 20 years’ experience. When I retire, nobody will have more than two and a half years. It’s a major change, and I guess it was bound to happen sooner or later.”

First Assistant District Attorney Kevin Finnell, who has been an assistant DA for 30 years, is running unopposed in November to succeed Friedman.

Friedman was an assistant district attorney for six years and first assistant DA for nine years prior to becoming the DA.

He said it has yet to be determined if Finnell’s position will be filled internally or not.

In his report, Friedman said that operations have not returned to pre-pandemic conditions, stating that town and village courts have reopened but on a limited basis. County Court recently returned to full staffing but many matters are being handled virtually.

The county’s first post-COVID-19 felony jury trial is taking place this month.

“We have, not surprisingly, built up a substantial backlog of cases and it will take quite some time to get caught up,” he reported, adding that it is a cause for concern with many new employees on board.

He said he is requesting the creation of a temporary assistant DA position and also hopes to find an experienced prosecutor to fill in for another assistant DA who will be on parental leave.

Friedman reported that a Discovery Reform grant for $228,720 has been obtained, with $3,791 going to the Village of Le Roy, $48,898 to the City of Batavia and the remaining $176,031 to Genesee County. The latter amount fully covers the Discovery Reform expenses incurred for the one-year grant period by the DA’s office and Sheriff’s Office, he said.

PROBATION DEPARTMENT UPDATE

County Probation Director Timothy Michalak presented his department review as well, reporting that about 500 adults currently are on probation and that he expects that number to go up.

“(With bail reform,) you can’t put anybody in jail so, yes, I believe it will increase,” he said.

Michalak reported that the department’s probation officers are handling an average of 70 cases each, calling that number “not terrible – a bit over the 50 that is recommended,” but thinks that amount is bound to increase as the court system returns to normal.

He informed the committee of the department’s “Ce Check-In” software that enhanced its supervision during the pandemic with time, date and location stamps and, on smart phones, photo capability.

“Going forward, we’re going to continue using it to a smaller extent,” he said.

Concerning the department’s budget, Michalak said he saw no major issues, and anticipates receiving full reimbursement from New York State – not the 20 percent less than he had budgeted.

He also said Probation received $30,000 more in Department of Social Services shared services funding, and that covers a large percentage of two juvenile probation officers and one juvenile supervisor.

SHERIFF’S OFFICE RENEWS SRO PACTS

On another law enforcement front, the PSC recommended approval of renewals of memorandum of understanding with Alexander, Pembroke, Oakfield-Alabama school districts and Genesee Valley BOCES for school resource officers for the 2021-22 school year.

The Alexander contract covers a full year – July 1-June 30 – while the Pembroke and O-A pacts run from Sept. 1-June 30. Genesee Valley BOCES increased its coverage from 10 to 12 months.

The full year costs to each district and BOCES are in the $98,000 to $99,000 range.

Sheriff William Sheron submitted another resolution to accept $41,876 from the state Division of Criminal Justice Services to continue the Community Service Sentencing Program and Pretrial Services Program for one year, starting July 1.

The sheriff also reported that the Village of Bergen wishes to renew a contract for additional road patrols for another year, effective June 1, at a cost not to exceed $13,500.

The PSC recommended for approval both the grant and increased road patrol resolutions.

Soler 'takes stock' of City Schools accomplishments since start of pandemic

By Howard B. Owens

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At a time when politics sometimes obscure the good work people do, Superintendent Anibal Soler "took stock" Monday night of all the things parents students, staff, administrators and school board members accomplished during the coronavirus pandemic.

As part of his regular superintendent's update, Soler ran through a list of positive things that have taken place in the district since the pandemic rolled into Genesee County 15 months ago.

"Sometimes we get lost in the current events, the news articles, this whole thing we can’t really control, people question our integrity, our commitment to kids because we may not be extreme about masks or anything of that nature," Soler said to open his remarks.

In no particular order, he said:

  • Though the district didn't have to, schools reopened 10 weeks ago to full, in-class learning five days a week. "We could have taken the easy route," Soler said.
  • The school board approved a budget with zero impact to taxpayers in "a very tough year."
  • The district fed 150,000 meals to district families.
  • The district installed 200 WiFi hotspots so students without internet access can study at home.
  • "Parents were subject to constant, evolving guidance from the state and an ever-changing approach to learning from us," Soler said. "We know this hasn't been an easy year. They've stayed committed to us, committed to their kids, and their kids have been resilient. They rarely complain about any of the things we ask them to do." He added, "I want to thank our parents for always encouraging their kids to be resilient but I also want to thank our kids for stepping up and doing everything we asked like social distancing in the cafeteria, sitting at desks the whole time, you've got to walk with your mask on, one person at a time in the bathroom, a variety of things."
  • The district provided at-home technology to pre-K students so students didn't need to bring technology back and forth from home to school.
  • The district opened a brand-new playground at Jackson School "during a pandemic," he noted.
  • Students in Special Education were coming to school campuses five days a week from the start of the pandemic.
  • Plans are in place for a prom and graduation.

It hasn't been an easy year but the best barometer for how the district has performed, he said, is what the kids say.

"Most of them say we did a pretty good job with what we had to work with," Soler said.

"This is a very politically divided time," he added. "If we stay grounded on what we do for children we can never go wrong."

At the start of his update, Soler announced that two principals in the district have taken new jobs elsewhere.

Ashley John Grillo will be leaving Batavia Middle School to become principal of the Junior-Senior HS in Byron-Bergen.

Amanda Cook is leaving John Kennedy to become director of curriculum in Pavilion.

Nate Korzelius will become interim principal at BMS. Soler said Korzelius will work on integrating high-school-credit courses into the offerings at BMS and that the change will open more opportunities for those students who participate to start Genesee Community College studies while in high school.

Cider Solar Farm coming to the towns of Elba and Oakfield: 'Sweet' to some, 'hard to digest' for others

By Mike Pettinella

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A representative of the company looking to build the largest solar project ever in New York State says that building relationships with Town of Elba and Oakfield officials and residents are the keys to finding a path to a finished product that benefits everyone.

Speaking by telephone from his Chicago office last week, Harrison Luna (photo at right), development manager for Hecate (pronounced Heck-A-Tee) Energy, said things are progressing smoothly more than a year after the solar company announced its intention to place a 500-megawatt solar farm on what is now 2,452 acres of farmland in the north portion of the adjoining towns.

On June 3, Hecate Energy filed an application with the New York State Office of Renewable Energy Siting (ORES) to construct the solar system, which Luna said represents a $500 million-plus investment that will create more than 500 construction jobs – and about 12 permanent full-time jobs -- and will be capable of supplying 920,000 megawatt hours of renewable electricity per year.

Luna said he has been impressed with the feedback from governmental leaders in both towns, who have interacted with him through three open houses and numerous other meetings – virtually and in person. He said that he places a high priority on understanding the views and concerns of the local citizens.

“Just from my perspective, the only way these projects really work is when they come with a respect of the communities they deal with – by building relationships in the community,” he said. “You can’t do that without having a conversation, early and often. That’s how we’ve been doing it the whole time.”

COMMUNICATION LINES ARE OPEN

Luna said he has been in constant contact with town officials, landowners and neighbors, noting that there have been three virtual open houses with hundreds of people participating.

He also holds Zoom calls outside of his office hours for people to speak to him, and has set up a dedicated phone number and email address for people to call with questions or concerns. He said he returns those calls and emails as soon as possible.

A press release from Hecate Energy included comments from the Oakfield and Elba town supervisors, with both Matt Martin and Donna Hynes, respectively, giving the company high marks for keeping them informed “every step of the way” and offering a project that will result in significant financial benefits to both municipalities.

When contacted by The Batavian, Martin said that in his town, things are progressing without controversy.

“I had one resident ask about if the town wanted it or didn’t want it and I said, basically, that we have no choice,” he said. “The state dictates what they do with the solar panels; the state is running the show, not us.”

Martin acknowledged that the economic benefits will be significant – likely in the millions for both towns, the Oakfield and Elba school districts and other taxing entities – but said those, too, “are beyond our control.”

“We can publish what those benefits are but I don’t think they’ve got those numbers outlined yet,” he said. “As things progress, we’ll have some more information. Nothing like this moves really fast.”

A call to Hynes has not been returned.

NEW STATE AGENCY CONTROLS THE CLOCK

As far as the timetable is concerned, Luna said that ORES -- the state agency that has replaced the Article 10 permitting process for large-scale renewable projects -- has 60 days to determine whether Hecate Energy’s application is complete. The Cider Solar Farm is the first application submitted under ORES.

“They are set up sort of as a one-stop shop and a point of contact for everybody to work through the permitting items together,” Luna said. “I think the difference there is that in Article 10, interaction with agencies was hectic – you would talk to individual agencies – while here it’s more of a clearinghouse for all of those interactions with the state.”

Once ORES deems the application is complete, there’s a one-year clock it has to work through the various items in order to issue or deny a permit, Luna said. It could stretch beyond that (or move faster) depending upon the application checking all of the boxes.

Luna said once the permit is received, the company would be ready to start construction, hopefully by next summer. Construction is expected to take 18 months.

He said he projects that about 500 full-time equivalent jobs will be created during construction and around a dozen permanent jobs afterward.

“Once it is built, it is relatively low maintenance,” he said, adding that workers will be paid prevailing wage and “that you would expect a concentrated labor force of local residents.”

THIRTY-ONE LANDOWNING ENTITIES

What began as a 4,000-acre proposition has decreased to 2,452 acres, and that’s all by design, Luna said.

Currently, 31 landowning entities (controlling 67 parcels) have options to lease their land to Hecate Energy, with a few of them being different entities controlled by the same family.

The major landowners are Call Farms Inc., with more than 1,000 acres, along with Norton Farms (approximately 600 acres), Offhaus Farms Inc. (approximately 500 acres), and Eugene Bezon (approximately 300 acres).

Others with around 100 acres are Big O Realty LLC; CY Properties; Gene H. Sharp; David Shuknecht; and Lynn Shuknecht.

CLICK HERE for a complete list of landowners of record. Note that the acreage totals may have changed due to the “honing” process.

“The way that works is originally we went and sought options and lease agreements for 4,000 acres of land,” Luna said. “The reason we start that big is to give us enough room to move with the desires of the community and hone that project to the best possible version it could be. Over time, as we’ve listened to the community on certain things – how far it sets back from the road and various other concerns – we start pulling back and honing it to something much smaller.”

He called it a “useful exercise” -- one that considers protected wetlands and endangered species.

In the case of the Cider Solar Farm, less than 2/10ths of an acre of state-regulated wetlands has been permanently impacted, he said.

NAAS: PROPERTY OWNERS HAVE A CHOICE

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Bruce Naas (photo at right), president of the Genesee County Farm Bureau, has signed an option to lease 60 acres of land on Naas Farms LLC on Lockport Road in Oakfield for the solar project.

“My opinion has always been, if you own the property, it’s not like I am going to tell somebody else what do to with it,” Naas said. “If it is something that benefits you and your family in the long-term plan, then it’s something … it’s a decision that you have to make.”

Naas said the land that he is leasing is a small portion of the family farm, which grows vegetables, soybeans, corn and wheat.

“We here at our farm, elected to put the poorer ground into solar. It would not generate the income that we have been offered by the solar company – growing row crops. So, for us, it’s strictly a business decision.”

He said he hopes that solar works out in the long run.

“My biggest fear with solar is that it is something I would assume as time goes on would become more efficient … I hope as we move forward, that these things don’t become obsolete before their lifespan,” he said. “I guess from the sounds of it, it is an objective that the governor and political leaders want us to meet, and either you say ‘Yes’ or the train passes you by.”

Naas mentioned the economic advantages for the community, but added that his “biggest concern was that I have to look it at for the rest of my career.”

The farm bureau has no official position on solar, Naas said, reiterating his stance that it is the property owners’ choice “unless it directly affects someone else.”

A call to Call Farms for comment from one of the owners was not returned.

MILLIONS OF DOLLARS IN THE PIPELINE

Just as the public has seen with the Excelsior Energy Project in the Town of Byron, where the taxing jurisdictions stand to gain millions over the 20-year term of the agreement, the towns of Elba and Oakfield, their school districts, special fire districts, Genesee County and the Haxton Memorial Library will reap financial rewards.

The landowners receive direct compensation through their lease agreements (which generally are believed to pay between $500 and $2,000 per acre per year).

“Our goal is to try to make sure everyone benefits; everyone in the community as well as the company as well as the State of New York as well as landowners,” Luna said. “We want it to be positive for everybody involved.”

Towns and other interested parties also have access to $500,000 in intervener funds – money made available to help towns and groups/individuals evaluate the impact of the project.

“Local people have a voice in this and they will coordinate with ORES as it makes funding available over the next two month to the towns and other interveners,” Luna said. “The towns can use that to get their heads around what exactly is going on. Towns request the amount they need or want, ORES takes a look at every intervener funding request and allocates that funding to the towns and other pertinent entities – with the towns having first place in line.”

Luna did not speak to whether Hecate Energy would be applying for tax incentives or payment in lieu of taxes through the Genesee County Economic Development Center, stating that the process has yet to reach that stage.

DISCOUNT ON CONSUMERS’ ELECTRIC BILLS

He did point out that every resident of Elba and Oakfield will receive a direct utility bill reduction in connection with the project.

“We will send money to the utility that they must take off people’s monthly utility bills … for the first 10 years,” he said. “We pay a fixed amount per year to be distributed to town residents. It will probably about $100 per year for each resident, but that will be determined.”

Luna, responding to a question about the flow of electricity from the system, said power generated on the grid flows to the nearest user of electricity.

“It will be used as close to as it is generated as there is demand for it,” he said, adding that the system would produce enough electricity to power all of Genesee County “and then a little bit more.”

Hecate Energy has entered into a Renewable Energy Credit (REC) contract with the New York State Energy Research and Development Authority, Luna said.

“We sell environmental benefits of the project, which are tracked using these objects called RECs,” he said. “We’ll sell those under contract to the state, or NYSERDA, where they get to retire them and take credit for the ‘green’ goals that the state has – which are quite ambitious.”

He said his company seeks to demonstrate that it is meeting the state’s goals.

“It’s not a contract to sell the power. We’re not selling power; we’re capacity to the state,” he added. “We can sell the power under this contract to the open market so that any user of electricity that is eligible to buy electricity, we can sell it flexibly.”

TORREY MARSHALL: WE CHOOSE TO FARM

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Luna said he has encountered no organized opposition – “I’m knocking on wood as I’m saying that,” he noted – and attributes that to the level of interaction thus far.

“I think it’s a real difference when you’re generally putting these communities first in your mind when you doing anything. I think people can tell. I think it’s really important if people really care about communities when they do these things as it really makes everything a lot better,” he said.

While that may be true, not everyone is thrilled that solar has become such a hot commodity at the expense of farming.

Maureen Torrey Marshall (photo at right) of Torrey Farms, a major agricultural enterprise in Elba and surrounding towns, said she thinks “it’s sad that solar panels are the most viable crop that farmers can grow.”

“Well, you can’t fault anybody because they can’t get that type of return by growing any crops, but it all goes back to New York State,” she said. “I’m on the (Elba) town board and we’re going to try to get as much (money) as we can, but you can’t fault anybody. The town and the school need to benefit as much as they can from this.”

She said that solar is going to change the look of the community – and it’s not about to stop in Elba and Oakfield.

“That is what is going to happen down in the valley along (Interstate) 390, near Mount Morris – all that beautiful farmland in that area. That’s all going to be solar,” she said. “New York has placed a priority on green energy and it has just steamrolled.”

Torrey Marshall said her operation is not leasing land to the project.

“You get letters – these companies are just coming out of the woodwork. To be honest, all of Route 98 going to the Thruway could be solar panels,” she said. “It’s our choice and our choice is to farm.

“Elba has survived on agriculture ever since it was founded. Then you have people saying that this is so great. It’s sad that this is the best viable use for your land right now.”

ZUBER: TAKING FOOD OUT OF OUR MOUTHS

Eric Zuber, of Byron, part of the organized opposition to the Excelsior Energy Project, said he owns farmland on the fringes of the Cider Solar Farm but is not signed up to lease any land.

“The quality of ground they are taking in that one is not the quality of the ground here. It’s productive soil but it isn’t the soil that is being taken for the project in Byron,” he said. “Still, I think all of these projects on farmland are stupid. I think, if I had the right type of guys come in here, they could prove that it will create more carbon than it’s going to prevent.”

Hecate Energy contends that the Elba/Oakfield solar system is projected to offset more than 420,000 tons of carbon dioxide per year, the equivalent of taking over 92,000 average cars off the road annually.

Zuber said he is on board with smaller solar farms on side yards or on roofs of homes, “but when they start doing these big projects, they’re taking the food out of people’s mouths.”

“Go to the grocery store and buy food. What has it done in the last six months? You need another $50 in your pocket to buy your groceries,” he said. “All they’re doing is making people hungrier and making the poor people poorer.”

THE BEST APPLE CIDER IS HERE

Luna acknowledged that not everyone is on board with solar panels along country roads.

“There are always some people who aren’t really excited, which is natural for a project of this scale,” he said. “What we do in that case, which again I think is really positive, is try to interact directly with those people and have one-on-one conversations – because sometimes we can help. If they’re concerned that they will be looking at panels all day, we can put visual screening there that mitigates that visual impact. That can make people feel more comfortable in many cases.”

He said Hecate Energy is committed to community involvement and will be looking at opportunities as the project progresses.

The solar company is hosting a fire training for first responders in Elba and Oakfield next Monday night (June 21) at the Elba Firemen’s Recreation Hall in the village. Luna said it will be a comprehensive training in the event of solar fires or emergency situations in various applications – not just large-scale, ground-mounted systems.

So, as indicated, the clock is ticking on the Cider Solar Farm, a unique name for the project that came into Luna’s mind as he drank a glass of local apple cider.

“Funny enough, the first time I came up to town – I’m not exactly sure where it was – I was on the road looking for land that was suitable and getting prepared for meetings with landowners when I bought some apple cider at some place … and I said that this is the best cider I ever had,” he said. “I’m from Tennessee. I don’t know if it’s something about the climate or something else, but maybe our apples aren’t quite as good. But I really enjoyed the cider.”

Hence the name, Cider Solar Farm.

Cecere resigns from city schools board

By Howard B. Owens

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Citing increased work and personal commitments, Peter Cecere has resigned his seat on the Batavia City School District Board of Trustees.

Board President Alice Ann Benedict read Cecere's resignation letter before the board voted unanimously to accept his resignation.

Cecere said he came to the decision after many hours of deep thought.

"These many years I have been involved have been very, very rewarding," Cecere said. "It seems like 2013 was just a few minutes ago. I have enjoyed serving the parents, teachers, and administrators of this vibrant community. But most importantly I have enjoyed being an advocate for the incredible children of this district."

Before the vote, Cecere thanked his fellow board members for their friendship during his time on the board and said increased work commitments along with his desire to spend more time coaching soccer contributed to his decision to resign.

He said he felt to remain on the board he needed to give it his full commitment and with these changes in his life, that was no longer possible.

Photo: Screen capture from video of last night's meeting. Superintendent Anibal Soler presented Cecere with a certificate and a framed collection of drawings of the district schools.

Updated cost, design reports to chart Genesee County Legislature's course of action toward a new jail

By Mike Pettinella

Sixteen months ago, Genesee County Manager Matt Landers observed that because of bail reform in New York, it was the “worst time in state history to be building a jail … but it must be built.”

Well, since that time, the COVID-19 pandemic hit society extremely hard – resulting in staggering increases in construction costs – while the legislation that eliminated cash bail for most misdemeanor and nonviolent felony offenses remains in place despite calls throughout the state to “reform the reform laws.”

On Monday afternoon, Landers updated county legislators of the municipality’s state-mandated obligation to construct a new jail, expressing the view that it may be difficult to get under the $60 million price tag for a 184-bed jail on property just east of County Building 2 on West Main Street Road.

“We rely on experts that do build jails across the county and rely on trends and speak to the interested parties in the community to better understand how large a jail to build,” he said. “It behooves us to take a step back and make sure we update this study. And although it is less than four years old, a lot has happened in four years.”

Landers said that a revised report from Pike Company, project construction manager, is nearly finished.

“I have been told that we are days out from getting a draft of it, and then we will study it and bring it to the attention of the legislature for review before we finalize a report,” he advised. “At the same time, there was a smaller meeting of consultants (with county management) to try to get a timeline established of what a restart would look like.”

He said if the county is to make “meaningful moves forward, we really need to understand what kind of costs we’re looking at for the jail.”

Previously, legislators supported a budget of $60 million.

Landers said that “estimates had us right around there – maybe a shade over.”

“So, when we put this on pause (due to the pandemic), we were working really hard to shave it to get under that $60 million goal the legislature had put in place,” he said.

Landers said he had approved having SMRT, an architectural firm out of Portland, Me., do a cost estimate of the final design, based on 184 beds, with the understanding that the county might lop off cells in increments of eight if necessary. He said he expects to receive that report, including the amount of cost savings by reducing the number of beds, in two to three weeks.

When that report is finalized, Landers said that Graham Vickers, principal/director of justice practice for SMRT, will appear before the legislature to go over it and answer questions.

“The cost of the jail may drive additional decisions,” he said, adding that questions being asked now focus on whether to wait for construction prices to come down before relaunching the project.

Landers said that Vickers indicated restarting in July and putting it out to bid in the fall.

“That would be the ideal timeframe where we could have our project out there for bidding before companies are already set up for the following year,” he said.

Landers said a major reason for the update is the fluctuation in jail population in the county over the past two years.

He reported that currently the county is responsible for 50 inmates with six of those females being housed outside of the county. By comparison, there were 141 inmates in June 2019. At that time, the thought was that a 184-bed jail was the right size. Now, the thinking is that it could be too big.

Landers said the county’s plan to partner with Orleans County is on hold, but Genesee can’t afford to delay the project.

“What we can do is move forward with the jail and be a viable option at some point in the future if Orleans wanted to partner with us …,” he said.

He said recently the idea of adding a backup 9-1-1 center at the new jail – a 20-foot by 20-foot space that would accommodate two dispatchers – came to light, with the possibility of obtaining a grant to fund it.

In closing, Landers said much depends on what happens to the bail reform laws – whether further legislation is passed to give judges more discretion in remanding those accused of a crime to jail.

“Everything swings back and forth, but with the state legislature controlled by one party, I don’t see it swinging too far back,” he said.

County Sheriff William Sheron, who also was on the Zoom call, said he thinks otherwise.

“I believe the pendulum will come back,” he said. “People are reoffending and reoffending … it’s just a matter of time.”

Council OKs parking lot paving, pact with Casella Waste

By Mike Pettinella

Parking lots, trash collection and rezoning of a small parcel on East Main Street were among the subjects of resolutions passed Monday night by Batavia City Council during its Business Meeting in the City Centre Council Board Room.

Council members voted to use $70,000 from the appropriated parking lot reserve to resurface parking lots on Center Street, Ellicott Street and at Lions Park this summer.

Projected cost per lot is $50,000 for Center Street, $12,500 for Lions Park and $7,200 for the Canale lot, which is west of 240 Ellicott St.

Williams Park is on the city’s paving scheduled for 2022-23.

  • The board also formally approved an agreement with Casella Waste Systems of New York, which has offered to empty the trash cans at city parks and downtown at no charge.

The pact, set to run through Nov. 30 with the option to renew for up to two years, stipulates that Casella will empty the park receptacles on a daily basis and downtown containers on a weekly basis in return for painting the receptacles dark blue and placing a sign on them, stating “Serviced by Casella Waste.”

  • Council, in order to move the Healthy Living Campus project forward, referred to the City Planning & Development Committee a request from the GLOW YMCA and United Memorial Medical Center to rezone a small parcel at 211½ E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to consolidate all the property into a Commercial zone.

The rezoning referral is on the agenda of tonight’s PDC meeting at the City Centre.

Previously, City Council and the PDC signed off on the rezoning of 211 E. Main St.

Project consultant David Ciurzynski said the UMMC/St. Jerome boiler house sits on 211½ E. Main St., which is north of 211 E. Main St.

“Because our building crosses the north property line of 211 into 211½, we need to have it rezoned as well,” he said. “After everything is rezoned we can start the process of combining the various parcels into one parcel for the project.”

In other action, Council approved:

  • The appointment of five residents to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.
  • The release of $7,136.50 from the K-9 Committed Fund Balance to offset the costs of running the program. City Manager Rachael Tabelski reported that the city received $2,332.47 in donations for the fiscal year ending March 31, 2021, but had $9,468.97 in expenses for the K-9 program during that same period. As of March 31, the K-9 Committed Fund’s balance was at $4,92.02.

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

By Mike Pettinella

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After years and years of studies, citizen task force recommendations and broken promises to City of Batavia police officers, the Batavia City Council may be ready to pull the trigger on construction of a new $10.8 million police headquarters on the parking lot at Alva Place and Bank Street.

Lawmakers, during a Special Conference Meeting tonight at City Hall Council Board Room, listened to a presentation of a City of Batavia Police Station Feasibility Study – hearing from Kenneth Pearl, president of Architecture Unlimited LLC, of Williamsville; City Manager Rachael Tabelski, and Police Chief Shawn Heubusch on what it would take to finally move its law enforcement personnel out of the 160-year-old Brisbane Mansion at 10 W. Main St.

“This has been going on so long that now we’re spending $10 million for a building that if we would have built this six, eight, 10 years ago when we were talking about it, it would have been a few million – three, maybe four (million),” said City Council President Eugene Jankowski, a retired city police officer who is well aware of the poor conditions at the current station.

“Every time they (apparently referring to past City Councils) wanted to come up with a price, they would decide to spend tens of thousands of dollars on another study, and they would turn right around and try to say let’s merge, let’s eliminate, let’s become one police department. There wasn’t public support for that; there wasn’t availability to make that happen. It wasn’t feasible and it wasn’t cost-effective to do that.”

Jankowski said that the city abandoning its police force – putting that responsibility on Genesee County – would be unwise.

“I’ve lived in the city and I expect to have a policeman and a fireman nearby when I need one, if my house is on fire or if I’m in trouble … we need our police department,” he added.

Pearl reported that If City Council is indeed serious about building a new home for its police department, it is going to cost $10 million or more, depending on when they build due to the unstable construction climate.

His analysis indicates that the $10.8 million cost of a 19,000-square-foot building, complete with enclosed parking for more than 30 cars, would break down as follows:

  • Batavia Police Department Building -- $6,270,000;
  • Site Work – Building Project, $570,000;
  • Site Work – Public Parking Modification, $660,000;
  • Site Environmental Contingency -- $500,000;
  • Contingency at 10 percent -- $800,000;
  • Professional Fees – A/E/Survey/Geotech -- $880,000;
  • Furniture, Fixtures, Equipment -- $650,000;
  • Professional Fees -- $390,000;
  • Project Expenses -- $80,000.

Should City Council decide to add a secure parking roof structure – a steel roof with no walls or heat -- that would add another $2.65 million to the price tag. Pearl’s report listed that feature as an alternative, along with the installment of an eight-inch water main to replace the current four-inch water main, and a Bank Street improvement public infrastructure program to include traffic calming and pedestrian safety enhancements.

As far as paying for the facility, Tabelski proposed a $10 million improvement serial bond with a 30-year term, noting that annual payments would range from $425,000 to $507,000 for principal and interest.

She said the city, by 2025, could absorb debt payments of $570,000, adding that in the next three years, debt from an energy lease, tandem axle municipal lease and the Enterprise Resource Planning software system will be off the books.

“While there will not be room for other borrowing in the general fund, by 2033, City Hall principal and interest payments will be reduced by $164,000 and by 2036, the entire debt will be paid on City Hall,” she said.

Tabelski said she will be looking for grants in an attempt to drop the amount needed to borrow under $10 million.

Heubusch advised Council of the conditions at the current police station, mentioning a 50-year-old boiler system, deteriorating walls, leaky roof, cramped quarters, lack of air conditioning and inconsistent heating.

In fact, the roof is in such disrepair that Council tonight passed a resolution to spend $100,000 from the municipality’s facility reserve fund to replace the flat portion of the 30-year old roof.

An analysis of that building showed that the flat roof portions above the rear vestibule and the rear addition require a full replacement. Currently, the roof is leaking into the conference room, locker rooms, detective offices and women’s and men’s bathrooms.

Pearl said he considered “four basic criteria” as he evaluated the possibility of a police station at Alva and Bank:

  1. “Could we save an adequate amount of public parking that could still be used by its neighboring businesses?”
  2. “Could we create enough secure parking within the wall or fence system for the police department itself?”
  3. “How much underground public infrastructure are we going to have to deal with (pipes, utilities under the parking lot)?”
  4. “And if we leave ourselves enough options after all that to go through a design and engineering process, would a viable project come out of it for the building itself?

Later on, he answered those questions affirmatively, stating that through substantial reconstruction about 115 public parking spots will remain in the lot with plenty of street parking available as well, and that there will be ample parking for police and other vehicles within the compound, next to the one-story facility.

He reported that basic elements of the project are a secure wall and gates, secure infrastructure (including an outdoor generator), storage space, open or covered parking and K-9 accommodation.

“Picture an L-shaped roof … what that allows us to do is create a public entry right here at Alva and Bank, which maximizes the public roadways,” he said. “Something that makes sense. You have the dedicated, primary entrance … you do not have that now.”

He said that police interaction with the community would be at the front of the building while operations and security would be placed toward the back.

Pearl’s report reveals the interior of the building will have a dedicated public entry space, front desk space, administrative offices, detective bureau, patrol offices and training rooms, emergency response team room, technical services areas (firearms, evidence storage, laboratory), accessory functions (locker rooms, break room, garage), interior infrastructure and community space.

Exterior spaces will include a public entry approach, flagpole, memorial area, landscaping, parking spots, generator, transformer, storage barn and K-9 lawn area.

Although he said the architectural and engineering process to get to this point has been complicated, the end result is that placing a building in the public parking lot “is a good option.”

“From a technical perspective, I’m very confident in saying that,” he said.

Pearl said construction could be complete by the end of 2023, but the current pricing would hold only if it went to bid within a year. He called the construction industry topsy-turvy right now, making it difficult to estimate costs.

To illustrate, he said the $8.8 million cost of just a 19,000-square-foot building (without fees and expenses) would have cost $5.7 million just three and a half years ago.

Going forward, Tabelski said the next steps would be putting out a request for proposal to architecture and engineering firms in September for design and surveying work, and then going back to City Council for contract approval/execution and a vote on final bond resolution around December.

City Council Member Al McGinnis was part of the City Police Task Force that worked on finding suitable locations for a new police headquarters about six years ago. He said that a lot of time and effort was spent by the committee and to see that nothing has changed is beyond disappointment.

"The fact that we have put our police through this for the past 20 years, 30 years is amazing," he said. "It violates just about every code you have for a police station. ... We talk, we talk, we talk and when we get done, we talk again. We kicked this can down the road. There's no more road and there's no more can. We have to do something."

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Architectural sketches -- Top, the proposed City of Batavia Police Department headquarters at Alva Place and Bank Street (building in red with parking lot in purple); Bottom, parking lot showing 34 spaces for vehicles plus room for cars next to the building. A storage shed (orange) and K-9 area (green) are at left.

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