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After weathering the storm known as the COVID-19 pandemic, the director of Mental Health & Community Services for Genesee County is placing a high priority on ending the locum method of providing psychiatric services to those in need.

Lynda Battaglia, speaking at today’s Genesee County Legislature Human Services Committee at the Old County Courthouse, said that in a perfect world, the county would have its own psychiatrist on the payroll.

“Ultimately, having a full-time psychiatry position instead of a locum (would be best),” Battaglia said. “We would have to find the money.”

A locum is defined as someone who fulfills the duties of another when absent or, as in the case of Genesee County Mental Health, when the agency is short-staffed.

Battaglia, during her yearly department review, reported that she can see both sides of an argument for and against a full-time psychiatrist, but finds more benefits than drawbacks.

“One benefit is continuum of care,” she said, noting that having the same doctor on site provides for consistent and continual treatment. “Whether it’s telehealth (remote), in person or a combination, having the same doctor five days a week (makes a difference).”

Her office, which consists of 65 employees, including 40 clinical staff, has used locum services to assist with psychiatric care.

She said the “pros” are working with an agency “that has been essential in making sure we are satisfied with our services” while the “cons” include the fact that sometimes the doctor is not a good fit, which forces a change and makes it more difficult for clients.

“We are on our third locum now,” she said. “Ideally, we should hire a full-time psychiatrist as a county employee to allow for stability within the agency and for the clients. This will be a goal for the upcoming year.”

When asked if other nearby counties had a full-time psychiatrist, she said some do and some mirror Genesee’s approach. She wasn’t sure about the annual salary, but speculated that it would exceed $100,000 with benefits.

Battaglia said the issue has been brought up to the Mental Health Community Services Board but has yet to be formally presented.

On other fronts, Battaglia reported the following:

• Clinical caseloads have reached 90 to 100 per therapist, an all-time high, but this is consistent with other counties in the state,” she said. Employees monitor their clients’ needs on a regular basis and close out cases as appropriate. “We are meeting the demand; however, this kind of pace leads to burnout,” she said. As of the end of March, the department was serving more than 1,700 clients – with a recent increase of almost 100 per month.

• Genesee County Mental Health is planning to open satellite offices at Oakfield-Alabama and Le Roy schools, bringing the total of schools to four and “more are in the works,” she said.

• The department will continue its collaboration with all Genesee County police agencies, with goals of creating a law enforcement mental health referral system, to provide additional training and to apply for a mobile access program (utilizing an iPad for mental health crisis response with police on site).

• For 2021, the department has reached 40 percent of its budgeted goal of 18,250 units of service, about 7 percent more than anticipated at this time of the year. She also reported that the state has restored $70,859 in funding to the department that originally was withheld in 2020 due to projections stemming from the coronavirus pandemic.

• Calling the past year as one of “unchartered waters which created feelings of anxiety, fear and worry,” she thanked her staff for pushing through to deliver services without any stoppage. “We were not immune to the anxiety and fears that the pandemic produced, but knowing the essential service we provided, we became resilient, creative and embraced the telehealth wave which kept us connected,” she said. She singled out Lynnell Schreiber, recently hired as an administrative officer, for helping to keep the department on track.

People on both sides of the solar fence – farmers who have signed on to lease their land and labor union representatives who are for it and longtime residents who are against it – expressed their views this afternoon at a public statement hearing on the application of Excelsior Energy Center LLC to construct the 280-megawatt, 1,600-acre Excelsior Energy Center in the Town of Byron.

The one-hour hearing took place via www.webex.com, with the audio livestreamed on YouTube.

A second hearing is scheduled for 6 o’clock tonight. Information needed to access the session can be found at the end of this story.

Administrative Law Judges Gregg Sayre of the Department of Public Service and Molly McBride of the Department of Environmental Conservation presided over the hearing, which allowed for brief statements (longer statements could be submitted via email or mail) but no question-and-answer period.

Sayre said that all comments in all forms will be considered by the New York State Board on Electric Generation Siting and the Environment (siting board) as it decides whether to allow the project to go forward.

The Byron Town Board already has indicated its support for the project, emphasizing that Excelsior Energy has committed to payments totaling $24 million to the municipality over a 20-year period.

A citizen-led organization known as Byron Association Against Solar, which includes Town Councilman Eric Zuber, has been outspoken in its opposition of the venture – citing disruption of the rural character of the community and the use of prime farmland.

The project also includes a 20-megawatt, four-hour duration energy storage system. Components would consist of solar arrays, access roads, buried and possibly overhead electric collection lines, energy storage and electrical interconnection facilities.

According to the siting board filing, additional facilities would consist of a new collection substation and 345-kilovolt switchyard, which would connect to the New York State grid and would be transferred to the New York Power Authority to own, maintain and operate.

Participating local landowners include Legacy Lands LLC; Brooke-Lea LLC; Call Lands; Lea-View Farms LLC; Richard Colby; L-Brooke Farms LLC; John Starowitz; Leo Starowitz Jr.; Star Growers Land LLC; John Starowitz and Andrew Starowitz; John Sackett Jr. and Charles Sackett; CY Properties LLC; and Call Lands Partnership.

Following is a summary of today’s public statement hearing:

Debra Buck-Leaton
Byron Town Clerk and owner of Lea-View Farms Inc.

Buck-Leaton contended that the solar project will provide many advantages to “our farming business and the community.”

She said that her family farm has been in operation since 1929, being passed down through three generations, and “has always prided ourselves in being good stewards of our land – preserving it for future generations.”

She said increased costs of farming are overwhelming and have led to insecurity.

“Many people have said that we are giving up prime farmland. Everyone needs to keep in mind that prime farmland is and can only be considered prime farmland if it is able to be farmed. If we can’t afford to farm the land, it can only be considered vacant land.”

She noted that revenue from NextEra (Excelsior Energy) will enable her family to make needed repairs to their buildings and equipment, and will enable the Town of Byron to “afford things that we never could have imagined.”

“With good leadership, the town will be able to be good stewards of our small town well into the future,” she said, adding that the local farmers involved with Excelsior Energy are committed to staying in the town and helping the community in the future.

James Vincent
Retired president/CEO of L-Brooke Farms and associated companies

Vincent said L-Brooke Farms has grown from 500 acres to 7,500 acres in his 55 years, covering land in six counties.

He said the company is an advocate “of green energy, integrated technology and the many advantages that the Excelsior Solar Project represents – not just because of having some of our lands involved in the solar leases, but what a dynamic and steady income stream means to our farm business model.”

He called these times as “unprecedented and challenging” for farmers, the town, school district and Genesee County” and for the economy and rural lifestyle.

Vincent said his operation pays more than $200,000 a year in local and school taxes … “but basing it on real estate taxation puts us in an unfavorable competitive position.”

“The community will benefit from this project, providing benefits that translate into less tax burden to agriculture -- the host benefit packages and the PILOT* agreement that are incorporated in it,” he said. “The importance of having solar for agriculture and associated services furthers our history of success in having diversity for our farm business.”

He said that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide opportunity for future generations.”

Vincent Albanese
New York State Laborers’ International Union of North America

Speaking on behalf of 40,000 men and women in New York who are members of the affiliated local union of LIUNA, Albanese said the union “would like to strongly encourage the swift approval of the Excelsior Solar Project as it pertains to these Article 10 (state law) proceedings.”

He said the union’s interest is two-fold – (1) the well-being of its members and ensuring that any project has a commitment to using local union workers and (2) that any project pertaining to the replacement of traditional fossil fuel jobs is being built in New York with New York local union workforce.

Albanese said NextEra has committed to using local union workers.

Barbie Starowitz
Star Growers

Starowitz, a longtime Byron resident, said that since 1932, her family has always wished to grow and maintain the land for generations to come.

“Excelsior Energy Center will not only support our farm for future generations … but will also provide new local revenue, new local jobs for our community and continue to provide us with the opportunity to support other farmers in our area,” she said. “Farm communities are stronger when we work together and we will continue to support activities pursued by others in our community, on our land.”

Starowitz said that Excelsior Energy Center will pump $37.4 million to the town, Byron-Bergen Central School District and Genesee County, and create 290 full-time equivalent jobs during construction, with 90 percent of those local workers.

She said diversification is essential to the survival of farmers, who depend on the weather to yield strong crops. She said that solar will provide a steady stream of income while not removing the land from potential future agricultural use.

Starowitz also commended Excelsior Energy Center for being available to the community throughout the process to provide “valuable information” and to answer questions. She said the entire Byron community of 2,300 people will benefit from the project.

Richard Colby
Landowner

Colby, who said as a young man he worked the land that has been offered for the project, emphasized the changing use of land and decrease in crop variety over years, especially in the Town of Byron.

“One thing that the solar will bring is jobs – well-paying jobs and added value to the community,” he said.

As far as the downside, Colby said it’s just the opposite as the land won’t produce noxious smells, won’t create a lot of traffic, won’t use chemicals or rely on fossil fuels, isn’t illegal, and won’t lower the real estate values.

On the contrary, he sees home values increasing as more money comes into the community.

Colby said only about half of his property will be covered by solar panels, and he is looking for other ways to diversify crops on the remaining land.

He said he sees the solar project as a complementary land use, not as a negative use.

Carmen Serrett Jr.
President of Laborers’ Union Local #435, Rochester

Representing about 600 working members, Serrett said union employees have been hampered over the last year due to COVID-19 and looks forward to high-paying projects such.

“It’s very important that local people are working on these projects as they earn their money, they spend money locally and are boosting each local economy,” he said, adding that he would like to see it move forward as quickly as possible.

Michael Bader
Business Manager, International Brotherhood of Electrical Workers Local Union #86

Bader said he represents 1,000 electricians, some of them in Genesee County, who support the project as it helps the state meet its clean energy goals and will create “good-paying careers for my members and other members of the local building trades.”

He also said it will create job-training opportunities for apprenticeships and, after construction, some long-term jobs for local people, such as mowing, plowing and maintenance.

Richard Glazier
Longtime Byron resident

Glazier said he is opposed as the panels would be placed on “mostly class one farmland, some of the best land in New York State.”

He said that droughts have pushed prices for corn and soybeans much higher, emphasizing the need to preserve good farmland.

Glazier suggested placing the panels on less valuable land, offering that renewable energy sources aren’t as desirable “as an adequate and affordable food supply.”

The panels also will cause “visual pollution” in the community, he said, and the size of the project in the small town will have a negative impact on the quality of life in the Town of Byron.

“It will never quite be the same,” he said.

He said he couldn’t fault the landowners for accepting Excelsior Energy’s offer. However, he said the Town Board is “enamored with the size of the payment in lieu of taxes” and said these projects are only available because they’re already being subsidized by the taxpayers of New York State.

Glazier also spoke about toxic chemicals in the panels and said that public sessions over the past months via Zoom were not adequate in providing information to all town residents; many of them who do not have internet access.

Jim Lamkin
Longtime Byron resident, BAAS representative

A 70-year resident of Byron, Lamkin has spoken out against the project “going on some of the best prime farmland in New York State” from the beginning.

He called BAAS a grassroots organization of longtime residents and business owners formed to prevent or limit the size of the Excelsior Energy solar system.

“We are not against solar energy but we are concerned that the placement of the solar panels is very close to residences and we are further concerned with the use of prime farmland,” he said.

Lamkin also said BAAS is “concerned that the solar project will disrupt the current and future productivity of the land, lower surrounding home and land values, will be an intrusive eyesore for the residents, and will have targeted and ripple effects in the surrounding agriculture-based economy.”

He mentioned that in December 2019, a survey was sent to about 900 Byron residents and 350 of them came back opposing the project.

He also said the applicant has failed to produce a plan that shows adequate screening of the solar arrays from residents’ views and is concerned about the potential long-term contamination of the soil.

Finally, Lamkin said the project is in “direct conflict” with the Town of Byron’s Comprehensive Plan that states that “maintaining the rural character is the most crucial factor,” along with preserving the agricultural base land and farms.

PUBLIC HEARING TONIGHT AT 6'OCLOCK

Electronic Access: www.webex.com;
Event Number: 129 881 6364
Password: June 1-6 p.m.
Phone-Only Access: (518) 549-0500
Access Code: 129 881 6364

OTHER WAYS TO COMMENT

All comments must refer to Case: 19-F-0299
Email: secretary@dps.ny.gov
Mail: Hon. Michelle L. Phillips, Secretary, NYS Board on Electric Generation Siting and the Environment. Three Empire State Plaza, Albany, NY 12223-1350
Phone: 1-800-335-2120
Electronic: www.dps.ny.gov - Click on "Search" at the top of the page; then enter 19-F-0299 into the "Search by Case Number" field; click on the "Post Comments" box at the top right of the page, enter comments and submit.

*Payment In Lieu Of Taxes

Haley Christine Keyser, 35, of Strasbourg Drive, Cheektowaga, is charged with aggravated harassment -- physical contact due to race, and disorderly conduct. Following a complaint at Six Flags Darien Lake at 5:28 p.m. May 30, Keyser was arrested. She allegedly subjected a victim to physical harm, yelled obscenities and racial slurs in a public place. She was released on an appearance ticket and is due in Darien Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested at 6:35 p.m. May 29 after a disturbance on East Main Street in the Town of Byron. Zon was arraigned in Town of Stafford Court and put in Genesee County Jail in lieu of $2,500 cash, $5,000 bond, or $15,000 partially secured bond. Zon is due in Genesee County Court on June 28. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Tevin Bloom, 27, is charged with criminal obstruction of breathing, second-degree harassment and criminal mischief. At 9 p.m. on May 20, Bloom was arrested after an investigation into a domestic incident where Bloom was allegedly involved in a physical altercation. He allegedly damaged property inside the victim's apartment. He was arraigned in Batavia City Court and is due there June 23.

Dustin Wilcox, 36, was arrested on May 20 by Batavia Police Officer Peter Post and charged with disorderly conduct. It is alleged that he was involved in a fight on Washington Avenue. He was issued an appearance ticket to be in Batavia City Court today (June 1).

Lawrence Boone, 30, was arrested outside a Batavia residence after being located by police May 20; he is charged with disorderly conduct. It is alleged that he physically fought another male in the street. Boone was due in Batavia City Court on May 25.

Rachel Baehr, 34, was arrested May 21 and charged with second-degree harassment and endangering the welfare of a child. At 2:57 p.m. May 14 on Oak Street, it is alleged Baehr was involved in a physical altercation during a domestic incident. She was issued an appearance ticket for a future date in Batavia City Court.

Kevin Thomas, 32, turned himself in on numerous active warrants May 18 and was arraigned in Batavia City Court. He is charged with burglary in the second degree, criminal contempt in the second degree, criminal mischief in the fourth degree, criminal mischief in the third degree; endangering the welfare of a child; and first-degree criminal contempt. The charges stem from a domestic incident that occurred May 4 on Walnut Street. Bail was set at $1 and Thomas is due back in court June 22.

Ray Spencer-Lindqui Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with second-degree menacing. On May 28 at 3:45 a.m., the dispatch center received a report of a domestic incident involving a knife on Bloomingdale Road in Alabama. An investigation at the scene allegedly revealed the defendant possessed a knife, which caused the victim to fear being injured. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Michael Lute.

Ernest Jerome Heineman, 40, of Old Creek Road, Alexander, is charged with aggravated harassment in the second-degree. At 3 a.m. on May 30, Heineman was arrested for an incident that occurred at 7:30 p.m. May 1 on Old Creek Road. It is alleged that he sent threatening text messages to a person, causing them to fear for their safety. He was arraigned in Alexander Town Court and he was served with an order of protection. He is due in Genesee County Court July 13. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Stephanie Lynn Salcido, 31, of Walden Creek Drive, Batavia, is charged with: driving while intoxicated; driving while ability impaired by the combined influence of drugs and alcohol; driving a motor vehicle on a sidewalk; failure to stop at a stop sign; and failure to keep right. At 11 p.m. on May 30, Salcido was arrested on the charges. She was issued appearance tickets and is due in Batavia City Court on June 16. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Zachari Morgan, 25, is charged with second-degree assault and criminal possession of a weapon in the third degree. He was arrested May 26 at DeWitt Recreation Area after he allegedly threw a rock at another person, striking them in the head during an altercation. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Then on May 27, Morgan was arrested and charged with third-degree assault and endangering the welfare of a child. It is alleged that at 5:11 p.m. on May 25, Morgan slapped and threw a person to the ground, causing injury, during a domestic incident at DeWitt Recreation Area. He was arraigned in city court and released on his own recognizance. Morgan is due back in court July 8.

Modesto Domingo-Cardenas, 27, is charged with unlawful imprisonment in the second degree and harassment in the second degree. He was arrested after a domestic incident at 1:15 p.m. May 25 on Pearl Street in Batavia. It is alleged that he slapped a person and then attempted to prevent them from leaving the residence. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in court July 1.

Thomas Martin, 80, is charged with third-degree menacing following a dispute at 5:04 p.m. May 26 on McKinley Avenue. Martin allegedly threatened another male. He was issued an appearance ticket for June 1 in Batavia City Court.

Eric Gant Jemison, 48, of West Center Street, Medina, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; operating a motor vehicle without stop lights. At 9:05 p.m. on May 28, Jemison was arrested after deputies responded to Judge Road in Alabama for a complaint of a vehicle that struck a stop sign and drove away. Deputies located the vehicle a short time later. Jemison was released with appearance tickets for June 8 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower. 

Timothy James Passage, 37, of Squire Court, Amherst, is charged with possession of a forged instrument in the first degree. At 12:22 p.m. on May 28, Passage was arrested on a warrant out of Town of Pembroke Court. He allegedly passed a fake U.S. $20 bill while at Tim Hortons in Pembroke. He was transported to Genesee County Jail to be arraigned virtually. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Chad Cummings.

Joseph Freeman, 38, and Lynn Homer, 48, were arrested on warrants out of Batavia City Court at 3:38 p.m. April 28. It is alleged that they stole while together at a local business. They were arraigned in city court then released under supervision of Genesee Justice. Freeman is due back in court June 23; Homer is due back in court June 24. 

Kyle Shea, 26, was arrested May 20 on a warrant out of Batavia City Court for failure to appear after appearance tickets were served. It is alleged that Shea was driving a motor vehicle on Aug. 9 on Willow Street while his driver's license was suspended and so was the vehicle's registration. Shea turned himself in, was arraigned in city court, and the matter was resolved by plea. No further court proceedings are pending.

Paul Schwartzmeyer, 42, was arrested and charged with having a dog running at large. It is alleged that at 8:05 p.m. May 18 at an apartment complex parking lot, Schwartzmeyer allowed his dog to run at large and it attacked another dog. He was issued an appearance ticket to be in Batavia City Court on June 15.

Press release:

On May 31st at 3:51 p.m., the Batavia Police were dispatched to Otis Street for the report of a 6-year old female who had been struck by a vehicle. Upon patrols arriving on the scene, the child was conscious and speaking with officers. City of Batavia Fire Department and Mercy EMS crews responded and evaluated the child on scene. 

The child was then transported to the Mercy Flight helipad, where the child was flown to Strong Memorial Hospital in Rochester. The accident occurred on private property at the residence on Otis Street, not on the roadway. Batavia Police interviewed the residents that were present at the time, including the driver. The operator, after disconnecting a trailer from his pickup truck, moved the vehicle striking the child who was in the yard on the passenger side of the vehicle. No impairment or intoxication is suspected, and no charges are pending.

At this time the child remains at Strong Memorial Hospital in serious but stable condition.

Previously: 6-year-old run over by a vehicle on Otis Street in the city

Here are photos from the Memorial Day Ceremonies at the Veterans Hospital, the NYS Vets Home, the Upton Monument, and the War Memorial at Jerome Center.

Calling it the “ultimate hot button issue of the year,” a representative of the New York State Department of State said the legalization of the sale and growing of cannabis could have a profound impact upon farming communities such as those in Genesee County.

Paula Gilbert (photo at right), local government specialist with the Division of Local Government Services in Albany, advised that the Marijuana Regulation & Taxation Act signed into law by Gov. Andrew Cuomo on March 31 paves the way to an estimated $1 billion industry with expected annual revenue of $350 million and the creation of between 30,000 and 60,000 jobs.

Gilbert imparted her knowledge of the new law earlier this month during a Hot Button Land Uses training webinar for municipal planning department personnel.

She said the economic benefit of cannabis production and sale is “really significant especially in some places in Upstate New York where we have distressed farmers that are really struggling today.”

“It’s not just selling these (products) in your community but there’s also going to be the whole pipeline of production and labeling and creating packaging,” she offered. “So, there’s a lot of opportunity for a lot of communities to get into the door.”

Farm owners in Genesee and other rural counties are leasing land to solar companies, reaping the rewards from lucrative contracts in that industry, and Gilbert is of the opinion that they will do the same for the growing of marijuana plants.

The legislation permits adult use of cannabis for those 21 years of age and up – people who may possess, display, purchase, obtain or transport up to 3 ounces of flower or 24 grams of concentrated cannabis.

It also expands New York’s existing medical marijuana program and immediately allows eligible users to smoke cannabis in public wherever tobacco is allowed.

Gilbert said that consumption is not allowed in schools, federal lands, workplaces or in vehicles as the federal government still has jurisdiction in those places.

She explained that there are two types of retail sites:

• Retail dispensaries, which could be storefronts to buy products for home consumption and adult use consumption sites, such as those in Massachusetts, California and Colorado;

• Lounge-like locations for purchase and use on-site.

Cannabis home delivery is planned for the future, she said, resulting in Door-Dash-type services.

Gilbert said the state is establishing the Office of Cannabis Management & Marijuana Control Board, which will have an executive director and will be housed inside the New York State Liquor Authority.

The office will implement regulations for production, licensing, retail, packaging, labeling and use, with the first sales not expected until 2022 or early 2023.

Following are other aspects of the law shared during the webinar:

FOCUS ON DIVERSITY

Gilbert said the state is focusing on diversity – a 50-percent goal for minority or women-owned enterprises, distressed farms, disabled veterans – and small-scale production.

She said the strategy is different from other states in that New York is hoping to prevent large corporations and industries from controlling the market.

A person or company is prohibited from owning a growing facility and a dispensary, except for micro-enterprises, she said. A micro-enterprise can be defined as someone who owns all methods of production and only sells what is grown on-site.

In the future, home growing for adults will be limited to three mature and three immature plants, with a maximum of 12 plants per household.

SALES AND EXCISE TAXES

Gilbert said that sales tax on cannabis will be 13 percent, with 9 percent going to the state, 3 percent to the host municipality and 1 percent to the county.

Additionally, a THC (tetrahydrocannabinol) excise tax will be imposed.

“The heavier the product, the more tax there is to it,” she said, outlining taxes of a half-cent per milligram of flower, eight-tenths of a cents per milligram of concentrated cannabis and 3 cents per milligram of edible cannabis or “higher-powered” products.

“Hopefully some of those tax dollars will go to help people who become addicted – that is also part of it,” she added. A portion of the state’s share of revenues will be used for addiction treatment options.

LOCAL REGULATION

Municipalities have until Dec. 31 to opt out of any dispensary or on-site consumption site within their jurisdiction.

“However,” Gilbert said, “if you do opt out of this, it is something that can be challenged by a permissive referendum by the voters. If you’re a little nervous about this and you’re not sure if you want this in your community, you have to think about what you’re going to do.”

She said that because the regulations have yet to be finalized, she advises community leaders to take a wait-and-see approach.

“Once we get an idea from the Office of Cannabis Management & Marijuana Control Board, a lot of the questions will start to answer themselves,” she said.

If a community decides to opt out, it would lose the opportunity for the tax revenue. It would, however, have a chance to opt back in should legislative or public sentiment change.

In any event, municipalities cannot opt out of growing, testing or packaging facilities, and may not prohibit personal cannabis use in homes, she said.

CRIMINAL RECORD EXPUNGING

Gilbert said the law also calls for expunging previous convictions related to cannabis, which is now considered legal, and said the state will take the prerogative in clearing the records of previous offenders to a point.

Not everyone is going to have their record expunged as the conviction reversal is based on the level that cannabis is allowed today, she said.

If the conviction involved a quantity greater than what is allowed under the new law, that criminal record would not be expunged.

“For the kid in high school caught with a small amount – it could undo that,” she said.

ADDITIONAL TOPICS

• Individual cannabis growers will be allowed to grow plants outside, but most will be done in greenhouses since “they’re finicky plants anyway,” she said.

Growing for personal use will not happen until 18 months after the first retail store makes a sale.

• Establishments that serve alcohol likely won’t be licensed to sell cannabis.

“They’re still trying to figure out how to tell if people are under the influence (of marijuana),” she said.

• Chances are that medical cannabis dispensaries will be converted into retail sites.

“Yes, we’ve seen that in Massachusetts as well,” she said. “Because there is a pretty large medical cannabis industry in New York, it’s likely certain products (will be sold) for medical users and others for personal use.”

For more information, go to www.cannabis.ny.gov.

Marc C.J. Cook Sr., 30, of Church Street, Alabama, is charged with third-degree bail jumping, a Class A misdemeanor. Cook was arrested on May 27. In 2019 Cook was arrested for criminally using drug paraphernalia in the second degree. At that time, he was instructed to appear in Batavia City Court Sept. 15, 2020. Not only did he not appear in court on that date, he did not voluntarily turn himself in within 30 days of the required court appearance, according to the report from the Genesee County Sheriff's Office. Cook was arraigned virtually in city court and put in jail in lieu of $2,500 cash bail or $5,000 bond. He is due back in city court on June 15. Members of the GC Drug Enforcement Task Force made the arrest with assistance from Sheriff's deputies. The GC DA's office also assisted in the case.

Brandon D. Forsyth, 29, of Corfu, was arrested at 8:01 p.m. May 21 by Troopers out of SP Warsaw and charged with driving while intoxicated and failure to stop at stop sign. Troopers arrested Forsyth after a motor-vehicle accident involving a ATV on Schoellkopf Road in the Town of Bennington. Forsyth was issued traffic tickets returnable to Town of Bennington Court in June.

Darrin Mitchell Brown, 31, of West State Street, Albion, is charged with: driving while ability impaired by drugs; driving while intoxicated -- first offense; and failure to signal within 100 feet. On May 25 at about 2:45 a.m. on Clinton Street in Batavia, Brown was arrested following a traffic stop. He was processed at the Genesee County Jail and issued appearance tickets to be in Batavia City Court on June 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Mathew Clor.

More than $11 million from the American Rescue Plan Act has Genesee County’s name on it, but it’s too early to speculate exactly how that money will be used, County Manager Matt Landers reported to legislators earlier this week.

Landers, in outlining the four areas on which the money can be spent, said he emphasized to county lawmakers that the current federal guidelines have been released on an interim basis and the final rule is not expected until mid-July.

“Between not having the final rule yet, plus the fact that the feds are doing this in a two-traunch allocation of the money, no official roadmap of how were going to spend the $11,125,969 has been drawn up,” Landers said.

“They’re doing this specifically because they don’t want you to spend all of the money now. They want you to evaluate how the pandemic is progressing and to be able to adjust later on with the funding they give you.”

Payments, in equal installments, to municipalities will be made sometime this year and again 12 months later.

According to a directive from the federal government, eligible uses are as follows:

• To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality.

Landers said his office is calculating what won’t be covered by the CARES (Coronavirus Aid, Relief, and Economic Security) Act (of 2020) and the Federal Emergency Management Agency, with outstanding expenses to be covered with ARPA funds.

“We’re still investigating what we can and can't do here regarding tourism,” he said. “I am checking to see if this is the way we can assist the Chamber of Commerce for a rebranding effort, along with assistance to some of our local businesses most impacted by the pandemic and to assist our tourism sector.”

• To respond to workers performing essential work during COVID-19 public health emergency by providing premium pay to eligible workers.

• For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.

Landers reported that the county treasurer’s office has calculated the amount of lost revenue by Genesee County, using the prescribed three formulas.

“The most beneficial calculation of lost revenue is approximately $6 million,” he said. “There are strings attached to this money, but early thoughts on how to utilize this portion is on the construction of the Genesee County Jail.”

He also said he is talking to department heads about possible investments and for cybersecurity upgrades proposed by the Information Technology department.

• To make necessary investments in water, sewer, or broadband infrastructure.                                                                                                    

Landers said it there could be around $5 million available for allocating to broadband and water infrastructure needs.

“Limitations on upload/download speed may impact the effectiveness of the broadband allocation,” he advised.

The county manager said he will be meeting with other county administrators on June 4 in Madison County and with New York State Association of County leaders “to put our heads together to see what works.”

“The interim final guidance provides us with a lot of information, but also a lot of questions,” he said. “It is too early to provide a complete list of recommendations, but it is safe to say we will be able to allocate all of the $11 million and will allocate it in the most impactful and transparent way.”

Updated: May 30, 12:30 p.m., with job creation details

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While acknowledging ongoing opposition and unsightly solar panels, Byron Town Supervisor Peter Yasses said the municipality has won the lottery as a result of its Host Community Benefit agreement with Excelsior Energy Center LLC – the company proposing to build a 280-megawatt solar system in the town under Article 10 of the New York State Public Service Law.

“You’ve won the lottery, but you’ve won the lottery for 20 years,” Yasses said on Friday in discussing the status of the project, which would turn 46 parcels of farmland covering about 1,600 acres into a sea of solar panels. “Every year this check comes – with a 2-percent increase. To me, that’s huge for the town.”

The check that Yasses is talking about is the $1,006,522 that Excelsior Energy would write to the town in year one of a 20-year HCB fee schedule that increases by 2 percent each year. Per the contract, the first annual check would arrive within 30 days after the start of construction.

All told, combining a PILOT (payment in lieu of taxes) with the Genesee County Economic Development Center, special district charges, agricultural exemption revenue and the negotiated host benefit fee, the Town of Byron – if the project receives final approval – would be on the receiving end of $24 million over the two decades.

Yasses said he and the town board took a stand to get what they felt was a fair price for the cost of losing the aesthetics of farmland and fields.

“We had to go into this with an open mind. At any means, it’s not going to be pretty for the town as far as having to look at the panels,” he said. “But it really has nothing to do with our town board. This is getting rammed down our throats by (Gov.) Andrew Cuomo through Article 10.”

The Article 10 provision (which is being replaced by Office of Renewable Energy Siting) authorizes the state’s Board on Electric Generation Siting and the Environment to oversee development of large solar facilities, bypassing much local control.

Siting Board Public Hearing is Tuesday

On Tuesday (June 1), the siting board will be conducting a public statement hearing -- a key step toward the end of the Article 10 process – via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Two sessions are scheduled – 1 and 6 p.m. – for community members to participate.

A determination on a permit to proceed with the project is expected by April. Developers are anticipating the solar system will be operational by the end of 2023.

Yasses said attorneys hired by the town during this process, which started more than two years ago, told board members their hands were tied.

“When a lawyer sits you down in executive session and says, ‘It’s coming whether you like it or not and there is nothing you can do about it,’ that paints a different picture in your mind,” he said. “Again, these aren’t going to be looking pretty in our town – we know that; the town board knows that. However, we had to do what is best for the people that have to look at these things.”

Yasses: We Changed Our Game Plan

Yasses said the board changed its approach from “defense to offense,” and through five months of negotiations forged a deal that it felt was justified.

“Paul (town attorney Paul Boylan) and I were charged with the negotiation and I, knowing what these things (panels) look like, did not want to sell out my town. At first they were talking nowhere near this kind of money and some of the propaganda they were dishing out – it was something like $400,000 to $500,000 a year. That’s peanuts,” he said.

“I said, ‘No way, I want a million (dollars). I won’t say who … but there were some big people in the county and town who said, ‘You’re dreaming.’ I said that’s my threshold. I want a million dollars a year for the Town of Byron. I have to live here, my people have to live here, my kids are going to live here and my grandkids are going to live here.”

Yasses said the HCB agreement was signed on April 28 at a board meeting via Zoom.

“The board was pleased,” he said, adding that he believes about a third of the annual payment can be used for property tax relief.

“Approximately a third of it will be injected into our budget,” he said. “I can’t say that the tax rate will go down but this is going to help not to raise taxes because Genesee County cut our sales tax distribution by more than that. We took some pretty drastic measures to keep ourselves in good shape, but I’m not sure the tax rate will go down.”

Residents Will Have a Voice

He said it will be up to town residents as far as how to spend the remainder of the windfall.

“Most likely, we will hire a financial advisor and we’ll probably select a committee through the citizens to help us come up with wants and needs,” he said. “It’s the community’s money and I want the community to have a say on how they spend their money.”

A closer look at the financials involved with the project reveal that the town, Genesee County and the Byron-Bergen Central School District will benefit from the PILOT negotiated between Excelsior Energy Center and the GCEDC.

Per the HCB fee schedule, the county would get $281,775 in year one and the school district would get $675,703 in year one. The town’s share would be $120,522 and, again, these payments come with a 2-percent annual escalator clause.

The GCEDC Board of Directors is expected to vote on tax incentives for Excelsior Energy Center at its meeting on June 3. Excelsior is seeking $21,498,313 in property tax abatements over the 20 years and $11,288,287 in sales tax abatements (for construction materials).

Jim Krencik, GCEDC director of marketing and communications, said Excelsior Energy would be investing $345.55 million – with $1.82 million in the first year alone to the three taxing jurisdictions based on $6,500 per megawatt.

$84.7 Million Into the Local Economy

“Excelsior’s investment over the 20-year project horizon is estimated to generate $117.5 million into the local economy when you consider the total PILOT payments, host community agreement, estimated fire district payments and related tax reductions, and construction purchases and payroll,” Krencik said.

The solar company said 290 full-time equivalent jobs will be created during the construction phase and 3.1 FTE during project operation and maintenance (solar technician, tech leader and high voltage technician).

Krencik pointed out that when subtracting the tax incentives from the direct economic impact figure, the direct benefit in excess of costs is $84.7 million over the 20 years.

And, of course, the farmers who have signed contracts with Excelsior Energy to lease their land will reap financial rewards.

Yasses said that he and others from the town will be on the siting board public hearing call on Tuesday and expects that those in opposition will be as well.

“We have heard those against it loud and clear. But, we had to do what we felt was right for the community,” he said. “This the best deal in New York State. We had some people scratching their heads wondering how we got it. It was through tough negotiations – that’s how we got it.”

Previously: GCEDC's public hearing on the Town of Byron solar project: An 'incentive' for parties to voice their opinions

The Byron Town Board today unanimously approved an intermunicipal agreement with the Town of Elba to provide water from the Elba Water District to 12 properties on the east side of Transit Road and another on Bank Street Road in the Town of Byron.

The meeting took place via Zoom videoconferencing and lasted about 25 minutes.

A bit of confusion arose midway through over the number of residents actually affected by the agreement, with Byron Town Supervisor Peter Yasses initially thinking there were only three at end of the road.

Apparently, according to Yasses, more homes were added after his previous discussion with Elba Town Supervisor Donna Hynes, and he was not informed of the additions.

Town Attorney Paul Boylan said several revisions to the contract have been made “and all of them were agreeable to all of the parties.”

“The agreement as we have it now is acceptable to me. I think it accomplishes everything we want to do for those people on Transit Road,” he said.

Responding to a question from Councilman Eric Zuber, Boylan said the unit charge to the residents covered under this new pact has to be the same as what is charged to others in the Elba Water District, adding that he didn’t think that has been determined yet.

Boylan said the Transit Road residents, along with the Byron and Elba supervisors, must sign the user agreement.

“It has to be both Elba and Byron that need to act on every one of the user agreements. That’s because Byron has to agree with Elba to levy the user fee on the property – not the water use but the debt service,” he said.

“Byron has to agree that in the event that the user does not pay, they (Town of Byron) will pay Elba and then put the money that the user would have had to pay on the user’s tax bill the following January.”

Directors of the Batavia Development Corporation this morning approved a revolving loan fund grant request of $18,800 from VJ Gautieri Constructors for sidewalk replacement at Ellicott Place.

The Downtown Revitalization Initiative project will result in 10 new market-rate apartments on the upper floor of the Save-A-Lot building at 45-47 Ellicott St., as well as the rehabilitation of 18,000 square feet of vacant commercial space.

“The Ellicott Place project, located in the Batavia Improvement District and the Route 63 redevelopment corridor, is a key DRI project in alignment with the City’s Comprehensive Plan,” said Andrew Maguire, BDC director of economic development. “We’re thrilled with the progress Mr. (Victor) Gautieri and his team have made and we all look forward to the economic impact that Ellicott Place delivers.”

In his application, Gautieri, the company president, said the grant will go toward replacing the private sidewalks that are adjacent to the building, indicating that an increase in the cost of materials has put the project over its budget.

Maguire reported that Gautieri’s commitment to replacing the sidewalks is an eligible use of grant funds that cover masonry repairs, façade improvement and storefront upgrades.

The $3.1 million project received $1.15 million from the state’s DRI award to the City of Batavia.

The capital investment for the sidewalk replacement is pegged at $47,000.

In other action, the board approved a resolution to apply for a National Grid Urban Center/Commercial Revitalization grant for up to $250,000 for the Jackson Square project.

Maguire said that funding could provide for furniture and more lighting elements in the public entertainment area located between Jackson and Center streets.

HEALTHY LIVING CAMPUS PRESENTATION

The board also heard a presentation from Rob Walker, chief executive officer of the GLOW YMCA; Daniel Ireland, president of United Memorial Medical Center, and David Ciurzynski, representative of the two entities, on the progress of the Healthy Living Campus on East Main Street.

The $30 million DRI project will combine services of both the YMCA and the hospital under one roof.

BDC Board President Lori Aratari said the video presentation “got everybody a little more excited to see a visual of what this transformational project is going to bring to Downtown Batavia and how far they have come.”

She said she was impressed with video of the proposed YMCA, mentioning the childcare area, walking track on the second floor overlooking Main Street, fitness area and aquatics center.

“It’s a bright and open area that will be a totally different Y than what we have today,” she said.

Ciurzynski said the venture is a big piece of many projects that will generate new business for the city and Genesee County.

 “This is all part of a plan that will stimulate the growth of our city. Not every single project is going to be the answer to everything, but when we start stitching them together we will have something really nice after a while,” he said.

He shed a bit more light on the timetable, starting with finalizing the design as a prerequisite to obtaining approvals from planning boards and other agencies.

“We have to do an approval for the hospital piece to the (New York State) Department of Health and we’ve got our permit reviews. Hopefully, sometime in September or October we will be able to get it out to contractors for bid,” he advised.

Ciurzynski said demolition of Cary Hall will precede regrading of the site and establishment of the building pad. Once the pad is down, crews will be able to work on the foundation and utilities.

“We really would like to get some of that work done over the winter so when springtime comes, we can hit the ground running and get the building up in the air,” he said.

He mentioned that the schedule could be altered depending upon the availability and shipping of materials -- a problem in the construction industry of late.

Aratari said she is looking forward to the day when the many projects taking place in the city are complete.

“The next couple years are really going to be amazing for Downtown Batavia,” she said. “Hopefully, these will bring the community to downtown as now we’re finally getting back out there.”

Photos: Top, The sidewalks around the Save-A-Lot store will be replaced as part of the Ellicott Place project; bottom, view of the west side of the building, which is being painted bright white. The outside of the second floor, which will have 10 apartments, also has been painted. Photos by Mike Pettinella.

No COVID-19 testing and no masks.

Western New York Off-Track Betting Corp. President Henry Wojtaszek this morning confirmed that, as of now, people heading to Batavia Downs Gaming for its summer concert series performances will not be subject to testing for the coronavirus and will not be required to have face coverings.

“Like many of the other facilities across New York State, it’s not a requirement anymore,” Wojtaszek said following the corporation’s directors meeting at the Park Road facility. “Originally, we were going to have a company in the parking lot test them a few hours prior to the concert series.”

Wojtaszek said that attendees will be required to follow the rules and Centers for Disease Control guidelines that are in place at the time.

“We anticipate those outdoor concerts will not require masks, but certainly we will take other steps to make sure we have a safe, clean, friendly environment for our patrons,” he said.

The Rockin’ The Downs concert series kicks off on June 11 with the Almost Queen tribute band and continues for 11 consecutive Friday nights. Other acts include Vince Neil, Molly Hatcher, Don Felder, Tommy James and the Shondells, The Grass Roots, Queensrÿche, and Spin Doctors.

A special Sunday concert has been added to the lineup. On July 18, the Buffalo Philharmonic Orchestra will perform with Strictly Hip, a Tragically Hip tribute band. The concert starts at 6 p.m.; doors will open at 5 p.m.

Currently, maximum attendance is set at 2,500, but Wojtaszek said he hopes for a “bit of an increase,” possibly to 3,000 per concert.

According to a press release issued today, all pairs of seats at the concerts will be spaced six feet apart in accordance with CDC regulations. 

Furthermore, those who have not been vaccinated, including minors attending the concerts, are encouraged to wear a mask while indoors but can take off their mask once outside.

Those attending the concerts will still be required to enter through metal detectors. Some items including weapons, laser pointers and outside food and beverage are not permitted. For a complete list of banned items please visit: https://www.bataviadownsgaming.com/events/concerts/

If rules or regulations regarding testing or vaccinations within New York State change, then Batavia Downs will adapt to any such modifications.

In other developments:

• Wojtaszek said he is keeping an eye on a request for proposal by the New York State Gaming Commission to vendors in the sports betting industry (such as Draft Kings) in anticipation of offering sports betting at Batavia Downs Gaming.

“Legislation that was passed this year and we expect the RFP to go out sometime in mid-June. It will start to come into focus as to how they’re going to implement the sports betting program in New York,” he said.

He advised that the plan is for various OTBs to work together “to try to see if we can have a role in the sports betting industry.”

• Wojtaszek said he also is “paying attention” to the status of an early retirement law for New York counties outside of New York City, noting that it would affect five to 10 employees of Batavia Downs Gaming.

“They (state lawmakers) passed an early retirement for New York City but they haven’t passed one for the rest of the state yet,” he said. “So, that’s what were following and waiting to see just how they act upon it during the last two weeks of the (legislative) session.”

• The corporation’s marketing department is stepping up efforts to revive business at The Hotel at Batavia Downs, which was significantly hampered by COVID-19, Wojtaszek said.

WROTB purchased the hotel from ADK Hospitality LLC, for $7.5 million and has contracted with Hart Hotels to manage the facility through Dec. 31, 2023 at a monthly fee not to exceed $7,000.

“It’s starting to really pick up and we expect it to get back to pre-pandemic levels by the end of this year, acknowledging more than a 50-percent increase in business,” he said.

• Chief Financial Officer Jacquelyne Leach reported that $84,349 will be distributed to the affiliated municipalities in surcharge revenue for April, with earnings for the month at $270,486.

She called the monetary totals “a good start to the second quarter,” attributing much of it to the start of thoroughbred racing’s Triple Crown.

• Director of Branch Operations Sean Schiano reported that through May 23, EZ Bets handled $3.1 million – up more than $1.7 million from the same point in 2020.

Batavia Bets, the track’s interactive online wagering platform, handled $1.6 million in April, an increase of $807,000 from last year. Through May 23, handle for this month was at $1.775 million – up $981,000, and year to date handle is $7.8 million – up $3.3 million from last year.

• The board approved renewing its insurance contract, primarily through Travelers, for another year – realizing a $35,000 savings. The yearly premium is around $1.1 million.

• The board passed three resolutions – a $27,159 contract with Audio Images Sound & Lighting of Batavia for a stage lighting package for the summer concert series; a $166,040 contract with Mark-It-Smart Inc., for promotional items to be given to patrons, and a one-year $287,793 contract with Roberts Communications Network for simulcast reception services at WROTB’s various locations.

• Directors bid farewell to Ronald Darrow, Oswego County representative, who resigned after serving 11 years on the board.

Genesee County Manager Matt Landers said he is ready to do his part to conserve water this summer as all indications point to “another tight water season for us here.”

Echoing what County Engineer Tim Hens said in a report on The Batavian last month, Landers is urging residents to take steps to use less water as hot summer days near.

Speaking at the Genesee County Legislature this afternoon, Landers said a water conservation press release is going out on Friday, listing 10 “little things” that people can do to conserve.

“Demand is outpacing supply and on peak days, there is going to be a potential shortage,” he said. “So, just like last year (when) we asked our residents to hold back on doing certain things, we’re going to be asking residents to do the same this summer to help us get through, especially on hot days.”

Landers said that on there likely will be some days where the county will run short. He said it is “critical” for everyone to do their part.”

“I promised Tim that I won’t water my lawn this summer. So, I’ll do my part,” he added.

Conservation efforts last year from residents “stepping up and helping us out” resulted in a decrease in use of 300,000 gallons per day, Landers said.

“We’re asking for the same cooperation this summer as we work feverishly and hard to complete Phase 2 (of the countywide water project), which will give us a little bit of breathing room,” he advised. “As we all know, Phase 2 is delayed, largely due to COVID, and will be coming online next summer.”

New York Mayor Bill de Blasio this afternoon said the time is now to “to restore democracy” in the state as he gathered with members of the New York State County Executives Association for a press conference livestreamed via Zoom from the Dutchess County Village of Rhinebeck.

County executives convened to reflect upon their efforts in combatting the COVID-19 pandemic since the early days of 2020, and to let the public know about a book that chronicles the challenges they faced, called "Our Darkest Hours: NY County Leadership and the COVID Pandemic."

de Blasio spoke of the past, present and future as he urged lawmakers in Albany to loosen the restrictions tied to the pandemic and give county officials the unbridled ability to “do their jobs.”

“The fact is that something extraordinary happened in this last year and more because people worked together, and all of those notions that we get told all the time -- that we can’t work together across regional lines or party lines -- we’ve been disproving that through our actions,” de Blasio said.

The mayor called county executives “heroic” in fighting COVID – coming together and sharing their experiences and struggles.

“But it was not only COVID that brought us together,” he said. “This is the path that needs to be understood. We were already engaged. Sometimes it was to stop things that were not fair to our people (such as) when the state of New York tried to hoist Medicaid costs on us in a way that was unsupportable. We all banded together; it didn’t matter if you were Democrat or Republican, Upstate or Downstate.”

de Blasio said that COVID gave county leaders a “deeper kind of common cause.”

“We needed each other … to innovate together. Sometimes, we cried on each other’s shoulders a little bit because we were all going through so much,” he said.

He said county action over the last year reflects a model of what should be in the state and beyond – “where people can actually sit in a room in a true sense of fellowship. That’s what we experienced and it helped to save lives.”

Then he called upon the governor and legislators in Albany to “to restore democracy in the State of New York.”

“We need to restore local control. It’s time,” he said, adding that the progress against COVID represents a signal that localities have the ability “to do our jobs fully and navigate what we have to do now for our people.”

We are closest to our people, we hear our people, we meet them at the supermarket and on the corner. We understand and we need to be able to do our jobs again fully.”

de Blasio mentioned the spirit of cooperation among county executives, adding that it’s time to put COVID in the rearview mirror.

“We have to stop thinking through COVID because we’re defeating COVID. We have to start envisioning what we’re all going to do together in a new and better situation ahead,” he said. “We all talked about things like opening up our schools and all the other things that will people back to a normal life. We, as leaders, have to show that that path can and will be done.”

Marc Molinaro, Dutchess County executive and president of the NYS County Executives Association, said that in light of an emergency situation it makes sense to centralize decision-making.

“However, we’ve been through the crisis. We’re well along in responding to this emergency, and restoring that state and local balance is very much about restoring democracy,” he said. “Government closest to the people … is generally the most effective. And, you can’t from the second floor of the state capitol anymore than you could from a distant land, make decisions that for how to respond on the ground.”

He said Albany needs to rely on “the professionals in the local governments who have been given a great deal of authority … and have a huge amount of public health infrastructure to respond in these very moments.”

“Centralization of decision-making in one person, whether it’s the mayor, county executive or governor, is not good for very long.”

Molinaro opened the briefing by praising his colleagues for rising to the challenge presented by the pandemic.

“Many times, throughout these 16 months we have talked about seeing light at the end of the tunnel,” he said. “Well, we are in the light. Hope is on the horizon. Light has met darkness.

“We have seen not only the decline in hospitalizations, thankfully, and the slowing of the loss of life, but also vaccines are working and the positivity rate has been on a steady decline.”

To obtain a copy of the book, click here.

All proceeds will go to food banks across the state.

      Jason Fitzpatrick       Samantha Makar

A chase, a search, and a tip led to the arrest of two people Tuesday night after they were located at Walmart in Batavia.

The incident began with a chase on Route 63 in Oakfield.

A deputy on patrol spotted a Pontiac sedan traveling north at a high rate of speed, so the deputy turned around and attempted to catch the vehicle.

The deputy observed the sedan continue at a high rate of speed and pass a vehicle by crossing into the southbound lane. At that point, the deputy, in his marked patrol vehicle, initiated a pursuit with lights and siren.

The vehicle failed to stop and continued east on Route 262 and then north on Fox Road. At Fox and Maltby roads, the vehicle allegedly ran a stop sign and went into the air off the north shoulder of Maltby Road into a field.

The vehicle struck a tree and then continued northwest through the field. A backseat passenger jumped from the vehicle and complied with a deputy's commands.

The sedan continued northwest and entered a neighboring crop field. It allegedly damaged about $1,000 in crops.

The driver stopped the vehicle and the driver and remaining passenger fled on foot.

A vehicle search allegedly led to deputies finding scales with residue and an illegal weapon in the vehicle.

A K-9 was dispatched to assist in the search. That search led to a nearby residence.

Deputies received a tip that two people matching the suspects were given a ride to the Batavia Walmart.

Police responded to Walmart and located the suspects in the Walmart parking lot.

The driver was identified as Jason M. Fitzpatrick, 38, of Sweet Road, Howell, Mich., and the passenger as Samantha R. Makar, 22, of West Madison Street, York, S.C.

Fitzpatrick is charged with: criminal possession of a weapon, 3rd; unlawful fleeing of a police officer in a motor vehicle; criminal mischief, 4th; obstructing governmental administration, 2nd; and aggravated unlicensed operation. There was also a warrant for Fitzpatrick out of Michigan as a parole absconder.

Makar is charged with obstructing governmental administration and criminal possession of a weapon, 4th.

The weapon recovered was not described in the press release.

The third occupant of the vehicle complied with deputies' orders and was charged.

Assisting the in the incident were NY State Police, The Department of Environmental Conservation's K-9 unit, and Batavia PD.

Deputies involved in the incident included Jacob Gauthier and Jordan Alejandro.

Jim Campbell, president and chief executive officer of Chapin International Inc., says the current labor situation in New York State is forcing him to “right size” operations at the Batavia facility on Ellicott Street.

“I can’t get people to work and the way the state is going, I have to right size my operation in Batavia,” Campbell (photo at right) said by telephone this morning. “We’re moving equipment out of Batavia and it’s work that we’ve done here in the past. We’ve pulled out some of that equipment and moved that to Mount Vernon.”

The Mount Vernon that he mentions is the community in Kentucky where, last October, Chapin expanded its compressed sprayer operation by purchasing the 175,000-square-foot former Eagle Manufacturing plant in the Rockcastle Business Park.

The $5.495 million investment has produced positive results in the Bluegrass State as production and warehousing capacity has increased, Campbell said, adding that the company is looking to buy another 500,000-square-foot building about 30 minutes from Mount Vernon.

“On a daily basis, without advertising, we have five or six people just come to our door wanting work. They show up and we interview them right then,” Campbell said. “We’ll be up to 100 employees in Kentucky by February or March, so we’re more than halfway there already. People there are eager to work.”

A Different Story in Batavia

The same can’t be said for what is happening in Batavia, the home base of the company that produces and ships high-quality compressed air sprayers and hand sprayers. The firm’s origin dates back to 1884 when Oakfield resident Ralph E. Chapin set up the manufacturing plant in Batavia.

“(Eight months ago) all the production that we put in Kentucky was expansion and new machines that we purchased from an automotive company and moved them into Mount Vernon. We got those up and running,” Campbell said. “But now, we’ve removed some resin blow molders out of Batavia and moved them to Mount Vernon. Two of them are in production already.”

Campbell said that despite paying prevailing wages and offering referral incentives to employees, the Chapin plant in Batavia is suffering from a shortage of workers.

“We’re 20 to 30 people short every day although the pay scales (in Batavia and Kentucky) are exactly the same -- $22 to 23 an hour – with entry level people starting around $14 to 15 an hour,” Campbell said, noting that overall, the number of employees in Batavia is down from a desired 285 to about 240.

He attributes the problem to unemployment insurance and other New York State mandates that are hampering the business community.

“The additional $300 a month that the federal government is giving (is a key factor) plus people can get health insurance free for six months,” Campbell said. “We have a great benefits package – health care, 401(k), vacation -- but entry-level people can make the same amount of money with the bonus money that the federal government is giving as coming to work, so people don’t bother. Or they’re not interested in staying. They come for a couple days and leave, and get back on unemployment.”

Extended Unemployment Hurting Business

Campbell put the blame squarely on the state Department of Labor.

“Unemployment isn’t like what it was in the old days when we thought about it. If you quit your job, you couldn’t get unemployment for six or eight weeks – or if you got fired – now they just give it to you, no matter what. Plus, the unemployment people – I hate to say it – aren’t doing their job,” he said.

“Back in the day, you had to look for work to get unemployment. You had to say, ‘I went here, I went there.’ Well, nobody does that anymore. You get whatever it is – number of months, weeks – and you’re all set.”

He said that four or five employees have taken advantage of the company’s offer to give them a $1,000 bonus by referring someone who joins the Batavia workforce and stays for 90 days, but it’s not enough.

“The situation is definitely affecting our shipments. Our people are pretty productive – the ones who are there – but we can’t build as much as we want, especially on second shift,” he said. “We’re shutting machines down every day that we have orders for. We’re a company that prides itself on shipping on time … we have a tremendous backlog now. I can’t even dig into my backlog.”

Other Factors: Sick Leave, HERO Act

Campbell also mentions the state’s new sick leave policy and the HERO (Health and Essential Rights) Act as obstacles.

“(Gov. Andrew) Cuomo’s a vindictive guy; you hate to say too much, you know, but a few months back they put in a sick leave policy where everyone gets 56 hours of paid sick leave,” he said. “We negotiate all of those things, and that will be negotiated in the next contract, of course.

“Fifty-six hours is way more than anyone ever took, but now it’s like vacation time and it’s paid 100 percent. When you’re running production lines and people don’t give any notice that they’re not coming in, it just shuts equipment down, other people don’t have work. It’s just a terrible situation.”

He called the HERO Act “a horrible thing” for companies outside of the public healthcare arena.

“We take care of sanitation and other things, but supposedly this was for permanent airborne disease – trying to stop it in the future,” he said. “We’re taking something that is applicable to hospitals and old folks’ homes and applying it to manufacturing. The thing goes into effect the first week of June and we don’t even have the laws from OSHA (Occupational Safety and Health Administration) yet saying how it affects manufacturing, in general.”

Then, there is the matter of taxes.

“And now Cuomo is saying he’s going to raise the taxes on businesses in New York State. It’s getting impossible. First, we don’t have people. Wages are … we’re in an inflationary period no matter what anybody says. I don’t care what the federal government says,” he offered.

Campbell said costs of raw materials, such as high-density polyethylene, which has gone from 58 cents a pound to more than $1 a pound, are up considerably and those increases get passed on to the consumer.

More Equipment is Heading South

What all this means is that more blow molders will have to be relocated from Batavia to Kentucky, reducing the number here to about eight, Campbell said.

“In Batavia, we had 15 blow molders – some with five heads that can build five sprayer models at a time and some with two, three or single heads,” he said. “The single-headed ones, which are less efficient, I moved those to Kentucky. Then, a month ago, I moved a three-headed blow molder, and in another month, I’ll move a sister machine to Kentucky.”

For a company firmly entrenched in Genesee County for so long, the labor trend is unsettling, Campbell admitted.

“In the end, we’re a high-volume, low-margin business that makes millions and millions of sprayers per year. But they’re not big margin. You’ll see us spending a lot more money on automation,” he said. “I’ve been the president now for 17 years and I’ve never laid one person off due to automation or business reasons because we’ve grown every year.”

Until more potential workers come knocking on the door at the Chapin Manufacturing facility at 700 Ellicott St., Campbell said he has to ensure that he’s “right sizing it to the amount of people I can get.”

“This is where Chapin would like to keep the headquarters,” he said. “We’re staunch allies of Batavia and Genesee County. New York State? Not so much.”

Previously: LIVE: Interview with Bill Campbell, VP, Chapin International

Previously: Chapin Manufacturing CEO says Kentucky investment continues 'expansion of organic growth'

According to Wikipedia, as of February 2020, the United States was home to 6,652 known disc golf courses – including 130 in New York -- on the official Professional Disc Golf Association course directory.

And more and more are on the way, says Batavia resident Phillip Boyd, who is hoping to persuade City Council to let him and other enthusiasts of the outdoor sport set up a course on a city park.

“Bergen has one and Pembroke has one. There are so many parks in the (Batavia) area where you could fit a nine-hole course,” Boyd said Monday night as he presented his idea at Council’s Conference Meeting at City Hall, “The popularity of the sport is on a huge rise. COVID might have destroyed a lot of things, but it made the popularity of disc golf insane.”

Boyd, 27, (photo above), played soccer, hockey and lacrosse while attending Batavia High School. He said he became hooked on disc golf about three years ago, but wished he would have started much earlier.

“But since then, I’ve fallen in love with the sport. Last year, I put over 100 rounds in just the summer alone. It’s just a great sport,” he said, adding that the walk through the course provides decent exercise.

A former regular golfer, Boyd said disc golf is a “cheaper way to do the same thing.”

He advised Council members that he and his friends could get a course up and running in about three weeks and it wouldn’t cost the city anything.

“At pretty much all of the courses, they go out to different restaurants or stuff to sponsor a hole. They (businesses) will pay the money for the actual basket … and then the people that want to do it will put it in,” he said. “So, pretty much I just need permission at whatever park is possible to install everything – the tee pads and the baskets.”

Boyd said Centennial Park would be the preferred location, noting there is room there for an 18-hole course but he would be satisfied with a nine-hole course.

“A nine-hole would be easier – not as in the way for people walking their dogs,” he said.

He explained that players toss a Frisbee-like disc from the tee area toward the basket (hole), which has chains on it.

“The object is to throw the disc into the chains and have it (disc) fall into the basket. That’s how you make the hole,” he said.

Scoring is similar to regular golf – the least number of throws, the better.

Boyd said that Buffalo and Rochester are putting up several new courses this year.

“They’re going up everywhere.”

City Council President Eugene Jankowski Jr. suggested that Boyd work with City Manager Rachael Tabelski on the details and that she could report back to Council.

“Maybe that would be something we could consider,” Jankowski said. “I think it is a great idea – present it … and we’ll go from there.”

Boyd said his hope is that the course would be a permanent part of the selected park and offered as another benefit to residents.

The basket with chains serves as a typical "hole" for disc golf.

The Batavia City Council is leaning toward the “let’s try it and if it doesn’t work out, we’ll end it” approach to an offer by Casella Waste Systems of New York to empty the trash receptacles at city parks and downtown at no charge.

Batavian Jeff Pero, Casella’s Batavia Division general manager, previously had reached out to City Manager Rachael Tabelski with the proposal that allows Casella crews to service the parks on a daily basis and downtown on a weekly basis in return for letting the company paint the receptacles (dark blue) and place a sign on them, stating “Serviced by Casella Waste.”

At tonight’s Conference Meeting at City Hall, the board agreed to move a resolution to enter into a contract with Casella to its June 14 Business Meeting for a formal vote. After a brief discussion on the matter, the consensus was to take the business up on its offer and if things don’t proceed as expected, it would use a clause in the pact to terminate it.

Council Member John Canale said he had three concerns with the plan.

“If we allow them to do this and we enter into this agreement … does that mean we’re not asking the citizens then to carry in and carry out? Does this cancel that out?” he asked.

Tabelski said the "carry in, carry out" policy will apply to use of the pavilions at the parks.

“So, when you use a pavilion on the weekends, we’re not doing rentals and we’re not approving overtime of DPW (Department of Public Works) staff or park staff,” she said. “However, we still have garbage cans in the parks around the playground areas and high use areas – which is what they would service.”

Canale that brought up the fact that Casella wants to label the trash cans with the “Serviced by Casella Waste” sign.

“I don’t have a big problem with that, I just don’t want to set a precedent that where other organizations may want to volunteer their services and put up some type of advertisement in the park as well … I don’t want our parks to become a billboard,” he said.

His final issue was what happens if things don’t go as planned.

“If we enter into this agreement and find out that it’s not what we thought it was, do we have a clause in there that we can cancel that agreement at any time?” he asked.

Tabelski said the contract could be cancelled without cause with a 60-day notice and immediately if either party defaulted in any manner.

Council members Rose Mary Christian and Patti Pacino shared that they have received calls from several residents who are against the idea due to poor service from Pero’s former business, Trash Away.

Council Member Paul Viele informed them that Casella is a separate company and that Pero works for the Rutland, Vt.-based enterprise.

“And I think it’s a great idea that they they’re picking it up for free. Thank you,” he said. “If it doesn’t work out, we’ll figure something out.”

Canale agreed to not judge the new company on the past, stating if a problem does arise, Council will address it.

Christian said that she is a Casella customer and said “they’re very reliable.”

Casella’s offer will mirror what is currently being done by DPW staff at the parks and downtown.

Following the meeting, Council President Eugene Jankowski Jr. said nothing has been finalized at this point.

“The process is still ongoing and there’s still now a two-week period of time for the public to weigh in,” he said. “It appears that the public has weighed in so far – and talking about the former company and the former concerns they had with the former company. This is not the same thing, It’s a different company now.”

He said that the impression he got from Council’s comments is that the new company should be given a chance.

“It’s not the same company that people are upset with. However, there still is time for the public to weigh in and if they have a concern, contact your Council member. We won’t be voting on it officially until next meeting.”

In other action, Council moved two other resolutions to the Business Meeting next month:

• Using $69,700 from the appropriated parking lot reserve fund to pave the Center Street lot ($50,000), Lions Park lot ($12,500) and Canale lot west of 240 Ellicott St. ($7,200).

“For the record, that (the Canale lot) has nothing to do with me. It’s the old Canale’s bar,” Canale said, drawing a laugh.

When asked if COVID-19 relief funds could be used for this project, Tabelski said it likely wouldn’t happen for this one – “We don’t have all the rules and regulations,” she noted – but said the might be able to appropriate some of that money for future paving projects.

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

• Appointing five people 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.

CALLING ALL PARADE PARTICIPANTS

Bialkowski issued a call for veterans groups and others to participate in next Monday’s Memorial Day Parade, which will start at 9:45 a.m. at the Eastown Plaza.

“We’ve sent out a lot of invitations but the RSVPs are very poor so far this year,” he said. “I’ve only got about a dozen back so far.”

He added that the Batavia High School band will be in the parade, with marchers including law enforcement and fire personnel. He said he believes there will be some pipers and is hoping for Mighty St. Joe’s Drum & Bugle Corps to take part as well.

“We have vehicles lined up for veterans who want to ride,” he said.

Bialkowski can be reached at (585) 409-3624 or at bbwski@yahoo.com.

Previously: City Council to consider Casella Waste System's offer to pick up trash from parks, downtown business district

One of the most storied rivalries in Section V hockey could come to an end as soon as next season if the Batavia Ice Devils and the Notre Dame Fighting Irish become a single team.

Team coaches presented the proposal to the Batavia City School District Board of Trustees tonight and the board gave both programs permission to continue exploring the idea of a merger and drafting a five-year agreement for Batavia-Notre Dame hockey teams at the junior varsity and varsity levels.

The concept has already been approved by the Notre Dame Board of Trustees.

Tonight, by consent, the Batavia board authorized the talks to continue between coaches and athletic directors. If a final agreement is reached, a final resolution will be presented to approval for both boards. Section V must also approve the merger.

If approved, it is likely that Marc Staley, who has coached Notre Dame for 21 years, would be the varsity coach of the merged teams. John Kirkwood, 14 years with Batavia, would be the assistant coach. And Brennan Briggs, varsity football coach and a coach with Batavia hockey, would be the JV coach.

"We think we can build a community," Batavia Athletic Director Mike Bromley told the board. "It’s more than Batavia and Notre Dame. It’s a community."

Batavia has been merged with other schools in the county for four years. Those mergers would end if this proposal is approved.

One of the big concerns both for coaches and board members was what happens to the six hockey players who do not attend Batavia High and have been members of the Ice Devils. Those players go to school in Alexander, Elba, Le Roy, Oakfield-Alabama and Pembroke.

Staley and Kirkwood both made assurances that all six players will be "grandfathered" into the Batavia-Notre Dame team and Staley said all six, given their experience and ability, will be integral parts of the merged team for the next season or two. 

"All six players are going to be impactful players at the varsity level," Staley said.

Both Staley and Kirkwood said that their teams have been playing at a disadvantage against larger Monroe County schools, including merged programs, because filling out a complete varsity roster means putting seventh-, eighth-, and ninth-graders on their teams.

That is also a safety issue, Staley said. 

"We just come to the conclusion that relying on seventh- and eighth-graders, and ninth-graders who are ill-prepared, and putting them on the ice, how do we answer this as a board, as adults, as administrators, if a seventh- or eighth-grader gets seriously injured in a hockey game because he’s hit by a kid who six-foot-four, 220?" Staley said. "We’ve got some real questions. Why are we putting these kids here and for what reason?"

Bromley said there are 24 hockey teams in Section V and 12 of them are merged programs. Few if any of those programs are putting players who should be playing JV in varsity uniforms.

The merger would create a JV program that would allow players to develop and become better varsity players.

It might even mean -- if enough kids sign up -- that the schools could have a modified program, creating the same sort of pipeline that Briggs has created with Blue Devils football leading to repeated sectional championships.

For the most part, parents and players have been receptive to the idea, both Staley and Kirkwood said.

There have been parents who have objected to the idea that their kid as a ninth-grader was on varsity and now will likely play JV as a sophomore but Staley said his counterargument is that at least they will get to play.

“To be an eighth-grader or ninth-grader and get to wear your jersey to school on game day and know darn well you’re probably not going to see a shift is a little different than going to school in your jersey knowing ‘I have a JV game. I’m playing tonight,' " Staley said.

Briggs said his JV-playing nephew can't wait for the merger. He's excited, Briggs said. His nephew knows if it happens he is going to get a chance to play every game and that he will play at a level throughout his prep-hockey career that he will compete every season for a championship.

There is an issue a team name. Ice Devils, or perhaps, Irish Devils, won't wash with a Catholic school. Blue Shamrocks or Ice Angels seem like nonstarters, too, but in response to a question from Trustee Shawna Murphy, there probably won't be time to poll the community. That's because the time frame is short for getting Section V approval and ordering new uniforms for both varsity and JV. The team name is a pending question.

Whatever the name, Staley is convinced the community will embrace the new team -- a club that is ready to compete at the varsity level with McQuaid or Victor or Pittsford. 

"We haven’t had that building filled with 500 people all cheering for the same team for 25 years," Staley told the board.

         Devon Wright

Judge Charles Zambito expressed frustration today -- frustration he and his colleagues on the bench throughout New York share -- that when considering bail for a defendant, he cannot weigh the potential threat the defendant represents to the community. 

District Attorney Lawrence Friedman had just asked that Devon A. Wright be held without bail in the Genesee County Jail citing his recent felony arrest on top of two criminal indictments already pending.

Since Zambito couldn't send Wright to jail or increase his present bail (he is out of jail on bail), the County Court judge ordered the 19-year-old to undergo a mental health evaluation within the next three weeks, not consume drugs or alcohol, stay in his own residence from 9 p.m. to 6 a.m. (thereby prohibiting him from staying at his girlfriend's house), and avoiding any confrontation with police, who will have blanket permission to search him or his residence at any time.

Since turning 18 in 2019, Wright has been charged with crimes ranging from larceny and assault to sexual misconduct.

In the past 20 months, Batavia PD has reported the following arrests:

• In Nov. 2019, Wright was accused of violating an order of protection and charged with criminal contempt.
• Later that month, Wright was charged with larceny, harassment, and endangering the welfare of a child for allegedly stealing money from a person less than 17 years old while in City Centre.
• In March 2020, Wright allegedly caused a disturbance at the Sunoco Gas Station on West Main Street in Batavia and was charged with burglary, assault, and criminal mischief.
• The next month, Wright was accused of running down a person on Highland Park in Batavia while driving a silver sedan. He then allegedly fled the scene on foot. When taken into custody, he allegedly resisted arrest and damaged property at the police station. He was charged with attempted assault, 1st; resisting arrest; obstructing governmental administration, 2nd; criminal mischief, 4th; criminal nuisance, 2nd; and harassment, 2nd. Wright answered to the charges in City Court and bail was set at $10,000 cash, $20,000 bond, or $50,000 partially secured bond. It's unclear if he posted bond or bail but he was released from custody.
• In May 2020, Wright was accused of sexual conduct with a person less than 15 years old and charged with two counts of criminal sexual act in the second degree and two counts of endangering the welfare of a child.
• In July 2020, Wright was arrested on a pair of warrants, one for alleged failure to pay a fine, the other for an alleged failure to appear in court.
• Wright's most recent arrest came earlier this month. Wright was arrested on a Batavia City Court Warrant and charged with second-degree menacing, criminal possession of a weapon in the third degree, and second-degree harassment. He allegedly threatened several individuals in a vehicle with a weapon.

It's the most recent arrest that prompted Friedman to ask Zambito to order Wright held without bail.

Friedman said that he was more concerned about Wright's willingness to make future court appearances given his growing list of unresolved criminal charges.

Attorney Nathan Pace, recently assigned to represent him after Wright's previous attorney resigned from the case, argued that there was no reason to doubt Wright won't make future court appearances since he has made recent court appearances. Pace said he represented Wright in other matters two years ago and the defendant made his appearances then. He also said he and his client dispute the facts of the recent arrest. He also said Wright will become a father in a few months and is looking forward to the baby's birth and that he will start a job at a Batavia gas station on Monday.

"I believe he will continue to appear in court," Pace said.

Friedman countered that it is meaningless that the defendant denied wrongdoing in the new cases. That's what defendants do at this stage of proceedings. Friedman said it was more relevant that Wright is accused of resisting arrest and fighting with police officers. 

Zambito opened his remarks by saying it was difficult to agree with the desire of Pace to keep his client out of jail, but that New York law limited what he could do to hold Wright in custody. 

"It's impossible under the current bail reform laws," Zambito said. "It seems Wright is a clear and present danger to the community as long as he is out and he continues to get arrested. 

But, Zambito added, "the law doesn't allow a judge to consider community safety when setting bail. I'm frustrated. I think every judge in New York State is frustrated."

He said he was going to order a mental health evaluation and Pace agreed that is a good idea. 

"As his previous attorney said, 'something is not right in his head,' " Pace told Zambito.

As Zambito issued his order, Pace emphasized to Wright that he can't go out of the door of his house after 9 p.m. and before 6 a.m. and that he must cooperate with police when he encounters them, even when they show up to search his house. 

Zambito added, "they're going to show up at your house and you can't fight with them, you can't resist them."

Wright is also not allowed to leave Genesee County while his cases are pending.