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A rollover accident is repoorted in the area of 46 Redfield Parkway, Batavia.

Unknown injuries.

City Fire and Mercy EMS responding.

Genesee County legislators, substance use disorder and mental health professionals have a million reasons to celebrate today after meeting New York State Attorney General Letitia James at The Recovery Station on Clinton Street Road.

James is conducting a statewide tour to recognize communities for their efforts in fighting the opioid epidemic and to distribute funds awarded to New York through a settlement with opioid manufacturers and distributors. This afternoon, she presented oversized ceremonial checks in Waterloo, Rochester and Batavia.

For Genesee County, that amount is $1,060,280.71.

“Addiction doesn’t discriminate and transcends all political boundaries and affiliations and artificial constructs,” James said. “This really is a demonstration of what government should do, and that is provide for the needs of New Yorkers and the constituents that we all serve. And to hold those individuals responsible for what they did; we hit them in the pocketbook.”

James said her office “closed down pharma … and five manufacturers and three distributors of this poison.”

Unfortunately, she said, overdosing continues to be a huge problem.

“We’re seeing more overdoses because we know that individuals who use opioids sort of walked into the use of heroin, which is now laced with poisonous fentanyl,” she advised. “So, whatever we can do in our capacity to provide you with additional services, with some medically assistance treatment to assist those who are dealing with not only with opioid use disorder but mental illness.”

Assemblyman Steven Hawley thanked James for her role in the settlement and her “attention to all folks who are having problems with addiction.”

“It doesn’t really identify geographic areas for folks who are having trouble with addiction – whether we live in an urban area or a rural area or a suburban area. It doesn’t matter what you’ve done for a living. It can get everybody …” he added.

Legislature Chair Rochelle Stein, speaking for families “that have been torn apart,” touched upon the significance of James’ tour.

Stein pointed out that Genesee is one of the few counties that operates a mental health department with its own clinics.

“We are struggling, quite frankly, in getting the clinicians. That is a real need,” she said. “If we could get some help there in getting folks into our state or even support for those positions, so that we could have more people available to us to help provide those services.”

James brought up that she has been hearing that the state agencies of the Office of Addiction Services and Supports and the Office of Mental Health do not work together and operate under regulations that often conflict with one another.

Lynda Battaglia, the county’s director of Mental Health & Community Services, said the agencies on a local level have excellent working relationships.

“We collaborate … for the greater good. As we move forward, everybody has the same mission,” she said, later adding that the COVID-19 pandemic has rippled through the industry, causing waiting lists into the hundreds for services due to the adverse effects on delivery and the strain on mental health and substance use counselors.

John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse (which operates The Recovery Station), explained that in Genesee County, several agencies meet on a regular basis, sharing information to increase efficiency across the various sectors.

“Criminal justice, judges, services, community-based organizations, medical care workers – we’re at the table and we talk to each other,” he said. “We try not to let anybody drop through the cracks. We don’t have a ton of services but what we have, they get utilized.”

James said it’s important to not engage in “victim blaming and to be compassionate.”

She said her office is looking at this as a health crisis, reiterating Genesee County’s belief that the funds can be used only for treatment, prevention, education, outreach, etc.

“Unlike the tobacco settlement of old (where) the funds were used for roads and bridges and lights,” she said. “I don’t have anything wrong with roads and bridges and lights – they serve their purpose and hopefully that infrastructure money (federal bill) will build more of them. But these funds have to be related to the litigation and also to assist you in expanding services, and maybe, giving people some raises because they do the work of the angels.”

Bennett mentioned that GCASA is hoping to open its new detoxification center by the first of the year and is advertising for 25 positions, mostly nurses.

“It’s challenging. Right now, we’re biting our nails, going through resumes,” he said.

In closing, James said her goal was to “shine a light on what all of you do here.”

“I come from New York City and half the time the attention is on the city, but we need to focus on rural communities, rural counties because there’s a demand here -- and they cannot be ignored; they cannot be invisible.”

County Manager Matt Landers said the county’s intent is to use the money as directed by the settlement.

“We’ll have interested stakeholders come together to build a consensus on how best to tackle this problem,” he advised.

James said the Finger Lakes Region (Monroe and surrounding counties) will be receiving $53,124,938 from the settlement.

Her plan is to travel to Buffalo, part of the Western New York Region, on Friday.

Photo at top: State Attorney General Letitia James speaks with County Legislature Chair Rochelle Stein, left; GCASA Executive Director John Bennett, and Assemblyman Steven Hawley. Photo at bottom: Presentation of a check to the county to combat the opioid epidemic.

Press release:

Today, at approximately 12:45 p.m., a school bus carrying Batavia Career and Technical Education students to the Building Trades house project site, was involved in an accident. In order to avoid hitting a car, the bus swerved, went off the road and into a ditch. The accident occurred on Route 98 in the Town of Alexander.

EMS responded to the scene, along with GV BOCES Administration, School Resource Officer, and the school nurse. The bus driver was not injured. All students are being evaluated at the accident scene by EMS and the school nurse.

The students are being evacuated from the accident scene and returned to the Batavia Career and Technical Education Center.

“The safety and security of our students is of utmost importance; hence we are taking every precaution possible,” said Kevin MacDonald.

The Genesee County Planning Board is expected to review the site plan for a compost production facility at 396 Wright Rd. in the Town of Alabama at tonight’s monthly meeting at County Building No. 2 on West Main Street Road, Batavia.

EcoVerde Organics, LLC, of Buffalo, is looking to operate the plant on a 27-acre parcel of land owned by Shawn Wilkins and William Eberhard, who reside in Akron and Clarence, respectively.

The location has an Akron mailing address but actually is in an Industrial District in the Town of Alabama.

According to documents submitted by EcoVerde Organics, the company will utilize approximately five acres to process source-separated organics, manure and yard waste, specifically food scraps, solid manure/bedding, select food processing waste and crop residue, and leaf and yard waste from municipalities and landscape professionals.

Biosolids will not be accepted.

Daytime hours of operation will vary depending upon the type of work involved, but the plant will be closed on Saturday and Sundays. The company anticipates developing regular collection routes and will accept source food scraps and manure from other haulers.

Company literature indicates its vision “is to reduce waste, reduce the use of chemical fertilizers, improve soil health and enhance the water quality of the Great Lakes basin.”

“To realize that vision, EVO will work with community stakeholders to locally source food scraps (SSO), manure, yard trimmings and other organic materials to create eco-friendly, tailored and tested composts for use in gardens, landscapes and farms, including applications requiring compost that meets organic-use specifications.”

County planning staff is recommending approval with the following modifications:

• If plans are made to disturb one acre or more of land as a result of the operation, the applicant completes a Stormwater Pollution Prevention Plan (SWPPP) and obtains a Stormwater Permit for Construction Activity from NYS Department of Environmental Conservation (DEC) prior to that disturbance;

• Per County Source Separation Local Law, the applicant register with the GLOW Region Solid Waste Management Committee and report at least annually the tonnage of materials recovered by the facility to the GLOW Recycling Coordinator.

Other referrals on the agenda include a special use permit request by New York Bus Sales, LLC, for its proposed 20,000-plus-square foot school bus service/sales facility at the corner of West Saile Drive and Call Parkway in the Town of Batavia, a site plan review for new storage units at West Batavia Storage, review of the Village of Bergen’s new zoning law and a new battery energy storage local law in the Town of Elba.

The meeting is scheduled to begin at 7 o’clock.

Photo, courtesy of Genesee County Planning Department: Aerial view of the propsed site for a compost facility on Wright Road in the Town of Alabama. 

Although Village of Oakfield and Town of Oakfield governmental leaders are keeping their constituents informed of the status of their dispute over fire protection payments, they have yet to navigate a path to the negotiating table.

And, if judging by the latest information flyer that was hand-delivered to village residents last week, the village board has drawn a line in the sand before any talks will take place:

• The Town pays the entire amount due to the Village for Fire Protection Services provided last year.
• The Town signs the contract for 2021-2022 fire services (current year) or a multi-year agreement.
• All parties jointly explore options to ensure this disagreement and withholding of payment does not happen again.

The village board claims the town owes $78,644.71 for fire protection services during the 2020-21 fiscal year, and is asking for full payment by Nov. 30 or Oakfield Volunteer Fire Department personnel will not be dispatched to fires or emergencies in the town, including the Oakfield-Alabama Central School District.

Other than an exchange of bulletins and website postings, Village Mayor David Boyle and Town Supervisor Matt Martin said there has been no verbal communication between the two boards.

The village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street.

Contacted on Wednesday, Martin pointed to information on the town website that spells out the town’s stance.

According to its Statement on Fire Agreement, dated Oct. 11, the town would like to see:

• A three-year contract.
• A service contract only – not to include capital -- because the village owns all fire equipment.

The town’s statement also indicates that its clerk sent a check for $39,322.36 – half of the above amount – to the village, but it has not been cashed.

Both Boyle and Martin have said the matter is in the hands of their attorneys, but the town’s latest statement indicates it has yet to be served with any legal action.

On Wednesday, Boyle said he was waiting for a return call from the village attorney.

The municipalities’ latest communications are as follows:

THE VILLAGE’S STANCE (as of Oct. 4)

1.  The Town Supervisor and Board is refusing to pay for the Fire Protection Services provided for June 1st, 2020 through May 31st, 2021, this is despite the (fact that the) Town’s 2021 tax bill to Town residents included a charge for fire protection based on the 2020/2021 Fire Protection Contract.  This money was collected as Town taxes in January of 2021.  The Town is responsible for creating the situation we are involved with at this time.

2.  The Town Supervisor has repeatedly stated that there is not a signed contract and the Town does not need to pay for services---despite the fact that the Town accepted fire protection services throughout the contract term while never indicating that the services were not wanted or needed.

3.  The contract between the Village, Fire Department, and Town has been an annual agreement for many years. This included an understanding between the Village and Town for payment of the contract after the Town collected its taxes (6 months after the contract begins).  The Town has collected the money to pay the contract but refuses to abide by law which says it must provide fire protection and payout the money collected for this purpose.

4.  Village residents pay double the tax rate for fire protection compared to Town residents.  The current rate for Village taxpayers is $1.62 per thousand of assessed value.  Why should the Village residents be forced to pay more?  Also, why is the Town so insistent that the Village Taxpayers take over more of the Town’s obligation?  Any shifting of cost to Village Taxpayers is very burdensome to them.

5.  Representatives from the Village (one of which is a fireman), Fire Department, and Town met as a committee to set the fire budget.  It is disappointing and possibly illegal that the Town Supervisor and Board is withholding payment to the Village for the 2020-2021 contract in order to dictate what funds they will pay going forward.  Keep in mind fire protection services to the Town continued to be provided over this time period, and that all structure fires occurred in the Town- not the Village.  In fact, of 10 structure fires, all were in the town. 

6.  Legally, a municipality cannot provide a free service.  The Town has refused to sign a contract for the 2020-2021 term and for 2021-2022 fire protection.  The Village cannot continue to provide a service with no indication that it will be paid for the services already provided, nor for the services going forward.

7.  Because of the Town’s refusal to pay for Fire Protection for over 15 months, the Village has communicated that fire services provided to the Town will cease on November 30th, 2021 unless payment for the 2020-2021 contract is made and a signed agreement for 2021-2022 is agreed upon by all parties.

THE TOWN’S STANCE (as of Oct. 11)

At this time, the Town has not been served with any legal action.

For five years, the Town of Oakfield has been trying to work with the Village of Oakfield to come to a fair and equitable Fire Agreement.

The Town Board disagrees with the content of the letters being circulated (by the Village Board), including the $1.62 being allocated to Fire Protection to the Village residents. The total taxable value of the Village is $52,040,355 (for bills sent out in June 2021).

Based on the Mayor’s statement that $1.62 of the village rate is for fire, they raised $84,305.38 for Fire Service within the village alone.

The Village Budget for 2021-22 for Fire is $95,000. Of that $95K, $10,320 is earmarked to go into a truck reserve. If you take that out of the $95K, you are left with $84,680 for a total operating budget. So, 58 percent (Town) is $49,126.

So, if the Village collected $84,680 and the Town owes them $49,126, then the total budget would be $133,806. What are they doing with the other $39K (actually $38,806) they collected if they did in fact collect it?

This should make the Village fire tax rate 0.89 cents per $1,000 (assessed value).

We also disagree with there being 10 structure fires within the Town of Oakfield. When a fire happens within our boundaries, both the Assessor and Code Enforcement Officer is contacted. Neither have been contacted for structure fires with(in) the Town.

Finally, in an attempt to sit at the table with the Village and negotiate an agreement, the Town sent the Village a check for $39,322.36 (half of the $78,644.71 the Town collected). The Village still has the check, refuses to cash it and will not entertain a discussion.

Photos and write-up submitted by Julie Beach

Hannah Beach and Lilly Senko worked together in conjunction with Pembroke Jr/Sr High School in creating a sensory "park" area for their peers who sometimes need to take time out of the school day and have a space where they can unwind, relax, and stimulate their sensory needs.

After much planning and interaction with the kids in the 6:1:1 class, plans began for their project.

The park includes an interactive music wall, a sensory wall, a bench, and a sensory garden with plants that students can feel, smell, and even taste.

The girls had a formal presentation of their project to the school on Tuesday, October 11th, with the principal, teachers, the superintendent, several members of the school board, and parents present.

The school was very excited about this new area for the students.

Dianna Kutter worked with the Ronald McDonald House. She reached out to them to see what was needed. She set up several containers for the collection of pop tops, periodically checked her containers, and tracked her progress. Dianna organized a drive to collect needed items for the Ronald McDonald House, she used funds to create care packages to be given out to families staying at the house, also dispersing gift cards to be used by families. Dianna also painted several inspirational rocks that she placed along the gardens surrounding Ronald McDonald House Ronald McDonald house was very happy to receive the gifts

Savannah Meyer was inspired to help the Genesee County Animal Shelter, as she loves animals. She reached out to the animal shelter to see what items they needed. Savannah organized a donation drive to obtain all the needed items for the shelter. She also researched ideas for making animal beds and made several beds and toys for the animals. Savannah hand-painted a storage cubie to hold all the donations at the shelter. The animal shelter was very grateful for all the donations to the shelter 

All four girls have worked very hard at their projects, and have learned so much during the process. 

In honor of Breast Cancer Awareness Month, Fire Prevention Month and National Cybersecurity Month, the County Legislature presented proclamations to representatives of those causes at the start of its Wednesday meeting.

Top photo: Chairwoman Shelly Stein presents a proclamation to Lisa Franclemont, a health educator with UMMC. To read the full proclamation, click here (pdf).

Emergency Management Coordinator Tim Yaeger speaks after accepting a proclamation from Legislator John Deleo while Gary Patnode, assistant coordinator, looks on. To read the full proclamation, click here (pdf).

Legislator Chad Klotzbach presents a proclamation to Michael Burns, IT director for Genesee County. To read the full proclamation, click here.

It might be said that news of Northgate Free Methodist Church leadership’s desire to underwrite a nine-hole disc golf course on its property at 8160 Bank St. Rd. could be a sign of redemption for Phillip Boyd, the City of Batavia resident who caused a firestorm in May when he proposed placing a course at Centennial Park.

“I was Public Enemy No. 1 for a while, but now I just laugh it off,” Boyd said this afternoon, adding that he and Northgate personnel have joined forces to build a course behind the church in the Town of Batavia.

Boyd also said that he and fellow disc golf enthusiast Matt Strobel are working with the Genesee Community College Board of Trustees about a course there -- and have left the door open to a course at Williams Park in the city.

“At one point, it didn’t look like anything was going to happen, and now we may be getting three in the area,” Boyd said, recognizing the irony in all of it.

The subject of disc golf came up at Tuesday night’s City Council meeting, with City Manager Rachael Tabelski (responding to a public comment) saying that she hadn’t heard from Boyd recently.

Boyd said he left a message yesterday with Ray Tourt, the city’s maintenance supervisor, seeking to continue talks about a course at the Pearl Street recreation area.

“I am looking to get final approval on the course at Williams Park and then make a new proposal to City Council at a future Business Meeting,” Boyd said.

While the city may still be an option, Boyd said he currently is focusing on assisting Northgate Youth Pastor Dan Calkins with the logistics of setting up the course at Northgate.

“We’ve created a course design and the board unanimously voted yes,” Boyd said. “They said this is something they wanted to do for the community. I didn’t realize it but they’ve got about 50 acres behind the church.”

Boyd said they’ve cleared space for four of the nine holes thus far, and hope to make room for the remaining five before the end of this month. The goal is to open the course – which will be free to the public – next spring.

The course will feature tee pads, tee signage and baskets, he said, noting that the church’s financial commitment could approach $5,000.

Contacted today, Calkins said he read the articles detailing Boyd’s plight on The Batavian and approached Rev. Vern Saile, senior pastor, Mark Logan, operations director; and the board with the idea of locating a course on church grounds.

“Even if you don’t go to Northgate or never want to come to Northgate, we want to show that we love the community and we want to be a part of the community,” Calkins said. “We welcome the public to enjoy the course at no charge. Northgate is covering the sponsorship 100 percent.”

Calkins said disc golf fits in with the church’s outreach as it currently offers pickleball on Wednesdays at 2 and 8 p.m.

“We want to show the community that we’re more than just a Sunday church. We want to be part of their lives all week,” he said.

Boyd said he’s “pretty sure” the course at GCC will happen, considering that he and his partners have raised the money to fund it.

He also said that Adam Miller Toy & Bicycle in Batavia would be willing to sell disc golf equipment if the courses are built.

Photo above: Northgate Free Methodist Church.

For more than three decades, the Knights of Columbus, Msgr. Kirby Council No. 325 has been a strong supporter of St. Joseph Regional School and Notre Dame High School.

The council’s many contributions have gone toward building improvements, classroom and technology upgrades, beautification of both campuses, and tuition support scholarships.

“The scholarships provided by the Knights support our mission of advancing Catholic school education in Batavia,” said council trustee Steve Ognibene. “Many families throughout the region -- regardless of their financial position -- have been granted funds that have helped complete their education at St. Joseph’s and then graduate from Notre Dame.”

Ognibene said that hundreds of students have benefited from K of C sponsorship, especially when Notre Dame expanded to grades seven through 12 in 2020 and the council agreed to include students across all grade levels.

The council’s recent sponsorship allocated $4,000 to each school.

Notre Dame High Business Manager Tom Rapone applauded the council for its commitment to the schools.

“St. Joseph School and Notre Dame take pride in being top-ranked schools in the entire GLOW Region for the past two decades, and we have equal pride in our longstanding relationship with the Knights of Columbus,” Rapone said.

Photo above: Karen Green, principal of St. Joseph Regional School, receives a check from Knights of Columbus scholarship committee members, from left, Grand Knight Tom Trescott, Rocco Pellegrino, Sam LaBarbera and Chuck Mahler. Photo below: Tom Rapone accepts the check from the committee. Submitted photos.

Press release:

The Genesee County Health Department is seeking information about the location of a dog and its owner following a dog bite incident on the late morning of Monday, October 11 at Centennial Park in Batavia (near Lincoln Avenue).

The dog is described as a grey pitbull with white markings around its neck, front paws, and left ear. The dog was approximately 55 to 60 pounds and was wearing a camo collar. The dog was NOT accompanied by its owner and was running loose throughout Centennial Park.

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post-exposure rabies shots will be offered to the victim.  

If you have information about the location of the dog and its owner, please contact the Genesee County Health Department at 585-344-2580 ext. 5555.

A motor vehicle accident with unknown injuries is reported at East Main Street and Vine Street, Batavia.

City Fire and Mercy EMS responding.

UPDATE 4:48 p.m.: Apparent minor injuries.

It looks as though the Batavia High Blue Devils will have to wait a bit longer to try for their sixth Section V football victory of the season.

Mike Bromley, the Batavia City School District athletic director, told The Batavian this afternoon that this Saturday afternoon's game at Newark/Marion has been cancelled due to some of the home team's members getting COVID-19.

Unless Batavia can find another opponent on short notice, the Blue Devils, 5-1, will have this weekend off, Bromley noted.

Batavia's final regular season game is set for 7 p.m. Oct. 22 at home against Wilson Magnet.

Press release:

Friday, October 8, Governor Kathy Hochul signed bill S6105/A6021 into law, Chapter 471 of 2021.  The law, sponsored by State Senator Edward Rath and Assemblyman Steve Hawley, designates state route 77 between Pembroke Town Park and the intersection of Indian Falls Road in the Town of Pembroke, County of Genesee, as the "Specialist Four (SP4) Clarence 'C. Jay' Hall Memorial Highway.”

“I am proud that Governor Hochul signed this legislation into law. It is especially significant for me as S6105 was my first piece of legislation to pass the Senate.” Senator Rath continued, “the story of Specialist Four Hall’s bravery and courage is truly awe-inspiring and his sacrifice should never be forgotten.  Thank you to everyone involved for sharing his story with me. I am honored to have had a role in bringing this proposal to reality and look forward to driving down "Specialist Four (SP4) Clarence 'C. Jay' Hall Memorial Highway” in the future.”

“As a veteran and representative, it humbles me any time there is an opportunity to honor those who served. There’s no time more solemn than when we are memorializing and giving thanks for the heroic and ultimate sacrifice of a soldier in combat, like Specialist Four Clarence "C. Jay" Hall. May God bless him and his family. We are all freer today because of his service,” said Hawley. “I am so proud to have worked with Sen. Rath to get this bill enacted into law, and I would also like to thank all of the veterans groups, Pembroke High School and Mr. Matt Moscato’s class, and all the members of the community who helped to support this initiative. I look forward to marking the official occasion with you all at an upcoming dedication ceremony.”

Specialist Four Clarence "C. Jay" Hall served as a rifleman in the United States Army in Binh Duong, Vietnam.  He was mortally wounded on October 7, 1969, during an intense attack by enemy forces.  Specialist Hall earned the NYS Conspicuous Service Cross, the National Defense Service Medal, the Vietnam Service Medal with One Bronze Star, Vietnam Campaign Ribbon, Combat Infantryman Badge, and the Silver Star, which is the nation's third-highest award for valor.  The Veteran’s Outreach Club and the Government classes of the Pembroke Jr. /Sr. High School requested this legislation.

The bill passed the Senate and Assembly on May 25 and June 8 respectively.  It was delivered to the Governor for consideration on September 28, 2021.

A formal presentation and renaming ceremony will be held at a later date.

Deer management, disc golf, Otis Street.

Those three subjects became brief topics of discussion at Tuesday night’s Batavia City Council Business Meeting at the City Centre Council Board Room.

Batavia resident John Roach, who regularly seeks to follow up on previous matters concerning the city, asked about the status of the deer management plan that is being coordinated by Assistant Police Chief Christopher Camp and of a fellow citizen’s proposal to have a disc golf course in the city – an idea that prompted fierce opposition when Centennial Park was mentioned as a possible location for the layout.

CITY PROPERTY THE PLACE TO START?

On the deer management plan, City Manager Rachel Tabelski said the city was able to obtain extra deer management permits but “weren’t able to enlist any landowners, especially in the First Ward, to be part of the process with us at this time.”

She said there are city-owned properties that are eligible for hunting as well as candidates who wish to take advantage of the culling program.

“Unfortunately, where most of the complaints that we have in the First, Second and Third Ward – especially about shrubbery and bushes – we don’t have anyone at this point willing to allow the hunting program on their land,” she added.

City Council President suggested starting the program on city property … “and show that it can be done and other landowners might join in.”

The city’s deer management program process began in 2019 with the formation of a citizen committee. The committee met numerous times with then City Manager Martin Moore, but abruptly disbanded at the outset of a meeting on Aug. 13, 2020 – objecting to changes to the plan’s original framework.

Previously: BREAKING: City's deer committee resigns in 33 second meeting this morning

DISC GOLF UP IN THE AIR?

As far as disc golf is concerned, Tabelski said that she hasn’t heard back from Phillip Boyd, the 27-year-old Hart Street resident who approached City Council in the summer about a disc golf course.

The latest news on that matter came in July when Boyd met with city Department of Public Works personnel (photo at right) to discuss placing a nine-hole course at Williams Park on Pearl Street.

The Batavian reached out to Boyd via phone call and text message this morning.

Previously: Disc golf promoter puts Centennial Park in rear view mirror, now has his sights set on Williams Park

OTIS STREET RESIDENT SAYS THANKS

On Sept. 13, Yantz informed Council members of unruly and disruptive behavior by people living in a house across the street from him on Otis Street.

He returned to City Hall last night to let them know that things have calmed down and thanked city officials for getting involved.

“The efforts of the Council and the police department seem to be making a difference on Otis Street,” he said. “It’s been quiet the last few weeks and months. I’d just like to say keep up the good work and I hope things will stay the way they are.”

Yantz said he believed that some of those neighbors were going to be at the meeting as well, but that turned out not to be the case.

Previously: City of Batavia leaders, police taking steps to help Otis Street couple deal with disruptive neighbors

Press release:

The Self-Contained Breathing Apparatus / Interior Firefighter Officer (SCBA/IFO) course began with an orientation for students and fire department officers on August 24, 2021. 

The SCBA-IFO course is the second segment to becoming a Level I Firefighter. Students of this course acquired knowledge and skills in SCBA use, fire control initial fire attack, search and rescue, survival, tactical ventilation, vehicle fire, and structure fire skills along with company operations.

The course concluded on October 7^th with fourteen (14) firefighters successfully completing the 50-hour course.  Genesee County Deputy Coordinator/SFI Gary Patnode and SFI Dan Coffey were lead instructors of the course.

(See photo.  Participants listed below.) 

(Back Row)

Jimmy King –LeRoy Fire District

Matthew Delre—Indian Falls Fire Department

Jennifer Kirkum—East Pembroke Fire District

Jeremie Rassel— South Byron Fire Department

Steven Kinney  - Newstead Fire Department

Jenn Demark - Brockport Fire Department

(Second Row) Christie Offen - Scottsville Fire Department

Matthew Allen— East Pembroke Fire Department

Preston Lampo - Murray Joint Fire District

John McCarthy - Corfu Fire District

(Front Row)

Anthony Ray— Town of Batavia Fire Department

Brie Rogers - Leroy Fire District

Cody Place—Brockport Fire Department

Dwayne Fonda— Town of Batavia Fire Department

 

Visit your local fire department to find out more about volunteer opportunities.

Herbert Gennis Cecilia Rodriquez

Two Batavia residents were arrested yesterday on weapons and drug charges following an investigation by the Local  Drug Task Force in drug sales in the City of Batavia.

The charges were filed following the execution of a search warrant on Aug. 16

Taken in custody yesterday were Cecilia Tina Rodriquez, 32, and Herbert Bernard Gennis, III, 28, both of Raymond Avenue.

Rodriquez is charged with:

• Criminal nuisance 1st, a Class E felony
• Conspiracy 4th, a Class E felony
• Criminal possession of a weapon 4th
• Criminal possession of a controlled substance 7th
• Two counts of criminal using drug paraphernalia
• Endangering the welfare of a child.

Gennis is  charged with:

• Criminal possession of a weapon 3rd, a Class  D felony
• Criminal nuisance 1st, a Class E  felony
• Conspiracy 4th, a  Class E felony
• Criminal  possession of a controlled substance 7th
• Two counts of criminal using drug paraphernalia 2nd
• Endangering the welfare of a child.

Both were arraigned in City Court. Rodriquez was released on an appearance ticket. Gennis was released on his own recognizance.

City of Batavia officials are doing everything they can to rectify a dispute with O-At-Ka Milk Products over the milk processing plant’s ability to discharge its waste water into the municipality’s waste water treatment plant, City Attorney George Van Nest said Tuesday night.

The problem, however, according to Van Nest, is that no viable option currently exists to prevent the city from enforcing the “cease and desist” letter it has issued to O-At-Ka after discovering exceedingly high levels of contaminants in the waste water sent into the ponds from the Cedar Street industry.

Van Nest said the city is facing the possibility of thousands of dollars in fines levied by the New York State Department of Environmental Conservation if it doesn’t ensure that the ponds’ dissolved oxygen levels are within the required range.

O-At-Ka, as a result of the city’s action, already has incurred hundreds of thousands of dollars in increased costs by having to truck waste water away from its facility and, according to Chairman of the Board John Gould, the company will not be able to sustain that expense for much longer.

The situation was made public when Gould, a dairy farmer from Pavilion, spoke during the citizen comments portion of last night’s City Council Business Meeting.

Describing O-At-Ka as “experts in waste water handling with an excellent engineering team and excellent consultants,” Gould explained that the company handles a couple billion pounds of milk every year.

“We’re committed to sustainable waste water handling in this community,” he said. “We do that with more than words; we do it with action.”

Gould said that Upstate Niagara, a consortium of 300 farmers, owns eight plants in New York, including O-At-Ka, which employs 450 people.

Pre-Treatment Upgrades are in Sight

He advised that the company is investing $6 million to upgrade its waste water pre-treatment facility, with expectations that it will be online in December. He then talked about the hardship that the restriction has created, and called for a “collaborative solution (with) no stonewalling.”

“We need a win-win situation here. We’re committed to this city and we expect that you’re committed to us,” he said.

Gould said the company complied with the city management’s request in August to restrict its flow in order for crews to complete the air header project at the waste water treatment plant.

“The result of that was a 14-day shutdown of O-At-Ka’s discharge. We had to haul waste water away from the plant at a cost of a half million dollars for O-At-Ka,” he said. “We paid overtime for the employees so we could cut that time from 14 to 11 days. That was our commitment in August.

“In September, we were called in and, again, we’re on a restricted level of discharge to the city and it’s costing us between $20,000 to $50,000 a day, every day. We don’t take Sunday off. At the current rate, we’ll easily be spending $1 million hauling waste away from our plant that used to be accepted by the city – no problem.”

While Gould said he was “confident” that a solution could be found by sitting down with the city and the DEC, he added that O-At-Ka officials would have to “make drastic decisions” should the city “continues on this path.”

Pointed Questions to the City

“I certainly don’t want to have to furlough workers or reduce business,” he said. “I’ve got to ask, What is the city’s vision of the future here if this is the way you treat your best and largest business in the city? Where are we going? How are you going to support new business? What does the future look like to you folks?”

Gould concluded his 4 ½ minutes at the podium by saying, “I encourage you to get together with us. Let’s sit down and figure this out.”

Van Nest spent twice as long responding to Gould’s concerns, clearly articulating the city’s position that it has to do what is in the best interests of the functionality of the waste water treatment plant and – because of the financial ramifications – what is in the best interest of city taxpayers.

The soft-spoken attorney seized the opportunity to review developments stemming from the $1 million air header project that was completed in late August – well ahead of the schedule due to the deteriorating condition of the apparatus. The venture was moved up because the city had been getting numerous complaints from residents about the odors coming from the plant.

“Those complaints have been made to the city, made to EPA (Environmental Protection Agency), made to the DEC,” he said. “The city has worked very closely with its engineers, with in-house staff … to address replacement of the air header system at the ponds, so the ponds and the waste water treatment plant function properly for the community.”

Dissolved Oxygen Levels are a Problem

Speaking in technical terms, Van Nest said that dissolved oxygen levels in the ponds were decreasing as the air headers were not working to the best of their ability and as they degraded.

“At the same time, as it appears from data that the city reviewed, there were high BOD (Biochemical Oxygen Demand) loadings issued to the waste water treatment plant from O-At-Ka, which created a situation which depressed the dissolved oxygen levels that need to be in the ponds and allow them to function properly – ponds A1, A2 and A3,” he stated.

Van Nest acknowledged that O-At-Ka was asked “to cease discharging for up to a couple weeks while the one pond was taken out of service and the air header was replaced.”

“Ultimately, (the plan was) to roll back on slowly, so that the ponds and the DO recovery could take place when the air header system was ultimately turned back on to maximum ability,” he added.

Unfortunately for O-At-Ka, data collected by city staff showed that the company’s BOD and TSS (Total Suspended Solids) discharges were “well in excess” of the 300 milligram per liter level allowed through the Sewer Industrial Discharge Permit issued by the City of Batavia, Van Nest said.

As a result, the 30-acre ponds did not recover as fast as anticipated.

“They were well below the 2.0 threshold for dissolved oxygen that needs to be in place,” the city lawyer said.

DEC Issues 'Notice of Violation' to City

When the DEC realized this in late September, it sent a notice of violation to the city, looking at enforcement action through its State Pollutant Discharge Elimination System (or SPDES), Van Nest advised, “because the dissolved oxygen levels were so low and they were not going to allow the ponds to function properly pursuant to the SPDES permit.”

From that point on, many conversations have taken place – both internally and with the DEC, he said.

“There were communications with the DEC relative to that notice of violation, which is a precursor … to a potential order on consent from the DEC or EPA,” he said. “The order on consent would carry with it penalties and compliance schedules, and the penalties are significant. They could be $30,000 per day per violation for an owner of a plant that is in violation.”

Within a week, the city sent the cease and desist letter to O-At-Ka, Van Nest said, “indicating that O-At-Ka should cease discharges to the extent possible and, ultimately, completely to the plant so the dissolved oxygen levels could rebound.”

Van Nest noted that action forced O-At-Ka to truck as much as 150,000 gallons of waste water to another location, while an additional amount continues to flow to the waste water treatment plant.

“City staff and engineers are monitoring the levels – the DOD levels in the pond and the discharge levels from O-At-Ka daily, sometimes twice a day,” he advised. “Right now, the ponds have still not recovered. The DO levels are climbing somewhat, but they are not back to where they need to be from an engineering standpoint for the city’s engineers to be comfortable with the circumstance to say that the ponds have recovered.”

City Attorney: Communication Lines are Open

Van Nest disagreed with the suggestion that city leaders have not reached out to O-At-Ka officials.

“I’ve been in communication with the attorney for O-At-Ka in the last 24 hours on two occasions, The technical staff for the city has been in communication with O-At-Ka’s technical staff and engineers on several instances,” he said. “Part of the issue is that O-At-Ka and the engineers keep suggesting that there are alternative available for the city’s ponds, for the waste water treatment program at the city’s ponds to recover more quickly.”

He said one of the suggestions – bringing in portable air pumps to generate more oxygen – would possibly work except that type of equipment is not available.

“To this day, two and a half to three weeks after this issue arose, we have not heard of any of these pumps being available -- any of these pumps being located in the northeast. So that solution is not something that can be implemented at this time,” he said.

He said engineers representing the city are open to other ideas, but “at this point we don’t see anything that is currently available and implementable on the timeline that these ponds need to recover on that will, in fact, meet those requirements.”

Van Nest said he understood that the situation is affecting the bottom line for O-At-Ka, but said it is the company’s responsibility to comply with the SPDES permit’s hard-and-fast rules and regulations.

“So, with all due respect, it’s a major industrial user of the city’s waste water treatment plant. But there are obligations for pre-treatment as part of that process. And having a pre-treatment plant that can meet the capabilities of a production plant is one of those elements,” he explained.

City Taxpayers Could Pay the Price

“Ultimately, it’s the city’s plant, the city’s SPDES permit and the city’s taxpayers who are at risk if the DEC issues an order of consent with violations because the plant does not operate property (due to the DO levels). From that standpoint … the city is doing and continues to do everything it possibly can.”

Van Nest responded to questions from Council members about the projected time for the problem to be rectified but stating that he would not speculate – only deal with the situation at hand.

City Manager Rachael Tabelski said O-At-Ka’s current discharge levels are within “100 either way, up or down.”

She also noted that the bad smell coming from the plant has been alleviated.

“Since we issued the cease and desist order, we have not had very high strength waste coming through the system … that I’m aware of and the smells at the central pump station have not been strong,” she said.

Tabelski said it was her opinion that high strength waste from industrial users can cause strong odors at the plant.

She then thanked O-At-Ka for its cooperation as the city works to resolve the oxygen levels at the ponds.

“I will give O-At-Ka all the credit for all the effort you are taking in a very difficult time to haul your waste and get closer to your permitted level,” she said, looking at Gould as she spoke.

Photo at top: Milk processing at O-At-Ka Milk Products (from company website). File photo at bottom by Howard Owens: The ponds at the City of Batavia Waste Water Treatment Plant.

Press release:

Everyone knows that Western New York winters can be long, snowy and brutally cold. Can you imagine being a child trying to get to and from school in these conditions and not having a warm coat to wear?

The City of Batavia Firefighters Local 896 is once again teaming up with Operation Warm to provide winter coats to children in our community. Local 896 has partnered with Batavia Downs raising money to purchase brand new American made winter coats so children can comfortably and confidently get to school this winter.

In the past Local 896 has donated more than 300 coats through Operation Warm. Our goal this year is to raise enough funds to purchase 300 coats. City firefighters will coordinate with Batavia Community Schools and distribute coats in the coming months.

To donate easily and securely please visit:

https://secure.givelively.org/donate/operation-warm-inc/team-up-with-city-of-batavia-firefighters?fbclid=IwAR3lcxk0tMnKQQ94zKuf74S1YQKXBDt7YslkKcwWCknXrHmigUo8C8KBAfQ

Thank you for your continued support.

Photo by Joanne  Meier.

With attendance of more than 625,000 and wagers approaching $700 million this year alone, Batavia Downs Gaming has established itself as a regional pastime and -- as the driving force behind Western Regional Off-Track Betting Corp. -- a significant source of revenue for Genesee County and the 16 other municipalities that it serves.

Gaming in Batavia is at a fever pitch, said Jacquelyne Leach, chief financial officer for WROTB, the public benefit company that owns the Park Road gaming and harness horse racing track as well as The Hotel at Batavia Downs.

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Genesee’s WROTB Director Addresses Recent Issues

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“We’re anticipating record third-quarter earnings distributions of about $3 million, and we’re not done closing out September numbers,” Leach said. “When you add in the $1.2 million in earnings distributions from the first two quarters, this year is going to approach the $4.4 million generated in 1995 – and that was during the heyday of pari-mutuel wagering at OTB parlors.”

Although harness racing’s popularity has decreased over time – it once was the only “game” in town -- the sport serves a vital purpose in the overall scheme of things, Leach pointed out.

“As of right now, we have to have a valid racing license to secure our video gaming license,” she said. “If you don’t have a racing license (through the New York Gaming Commission), you can’t have a video gaming license.”

WROTB operates 27 off-track betting branches, 26 E-Z Bet locations and a telephone wagering service in 15 Western New York counties. As dictated by legislation, it contributes a portion of earnings plus surcharges to those counties and the cities of Buffalo and Rochester.

Leach said municipalities also earn monthly revenue from what is known as surcharge. Thus far in 2021, more than $450,000 have gone out in surcharges with another $130,000 or so expected for the third quarter, she advised.

$109,000 TO GENESEE COUNTY IN 2021

Genesee County will receive approximately $93,000 in earnings and $16,000 in surcharge for 2021, Leach predicted, adding to the nearly $13 million it has received from WROTB revenue since 1974. The other GLOW counties of Livingston, Orleans and Wyoming are among the member municipalities.

In her 33^rd year at the Downs, Leach explained that 5 percent of winning wagers made at WROTB/E-Z Bet locations is distributed to the member municipalities based on the member’s “proportionate handle and population to WROTB as a whole.”

“For wagers placed at racetracks within New York State, 50 percent of the surcharge is distributed to the municipalities in which the racetrack is located (in this case, Genesee County) and 50 percent is distributed to the other participating member municipalities,” she said.

All of these distributions are separate from what Batavia Downs Gaming generates in sales taxes that go into Genesee County’s coffers.

“Things are really ramping up,” Leach said, reasoning that people are staying closer to home to whet their gambling appetites. “Since COVID, people aren’t traveling as much to Las Vegas. It’s more of a localized, 2-2 ½ hour drive. So, we’ve become a regional destination.”

The Bennington resident said the corporation keeps about 8 percent of the total played at the Video Lottery Terminals at Batavia Downs Gaming and through Inter Track Wagering, which, from 2001-2020, totaled a staggering $8.45 billion.

“Generally speaking, patrons have about a 92 percent chance of winning, with pari-mutuel (OTB branches, etc.) bettors having about a 75 percent chance of winning,” she said.

LEACH: ‘FOCUSED ON TASK AT HAND’

Calling it “an incredible turnaround from 2020,” Leach credited the Batavia Downs Gaming staff for creating a welcoming atmosphere.

“I can’t say enough good about the WROTB staff. Our employees work hard and are dedicated. They definitely are our best assets,” she said.

The corporation lists 385 full- and part-time employees, Leach said, with an annual payroll of about $12.5 million.

Leach (salary of $157,000) is one of four officers, the others being Scott Kiedrowski, vice president of operations ($119,000); William White, vice president of administration ($119,000), and Henry Wojtaszek, president and chief executive officer ($212,000).

“As part of the upper management team, our responsibilities have grown over the years and, despite a lot of negative stuff, we have stayed focused on the task at hand – to provide a good experience for all who enter Batavia Downs Gaming,” Leach said. “We want them to come back and have a great time here. And I think that we’re very customer service oriented, and I think, that based on the numbers, we’re certainly doing something right.”

The “negative stuff” that she was referring to includes recent audits by the state Comptroller’s Office that pointed to a lack of oversight by WROTB’s board of directors regarding distribution of sporting event tickets and use of a company vehicles from 2016-2019.

Audit findings have prompted Democratic Party leaders in Niagara County to call for criminal investigation into the way the public benefit company is operated.

LAWSUIT BY EX-EMPLOYEE CONTINUES

Additionally, Wojtaszek and Board Chair Richard Bianchi are defendants in a lawsuit by a former WROTB officer Michael Nolan, who claims he was terminated from his job without proper cause, and the board of directors has been maligned in the press for accepting health insurance policies that cost the corporation hundreds of thousands of dollars in annual premiums.

Wojtaszek said the lawsuit is “personally and politically driven” but it won’t deter him and his staff from focusing on “great customer service.”

“That’s why we’ve been successful,” he said.

Concerning the audits, he said WROTB directors asked the Comptroller to conduct it and to provide recommendations.

“We’re following those recommendations; we know that we can always improve,” he said.

On the health insurance issue, he said that the board received “differing opinions on whether or not it is allowed,” but decided to remove it going forward as a “show of good faith to address a situation that kept occurring.”

In June, directors voted unanimously to discontinue giving health insurance to board members appointed after July 1, 2021.

He praised the work of the board, stating that the “fruits of directors’ labor” are the record numbers being achieved.

Leach defended the board as well, noting that they receive just $4,000 per year in salary.

“Really, for such a multifaceted and dynamic corporation? That is dictated by the racing and pari-mutuel statute that was put in place many, many moons ago,” she offered. “Board members haven’t gotten a raise for as long as I have been here, and I’m in my 33^rd year.”

CONSOLIDATING OTB BRANCHES

Directors have made forward-thinking decisions, Leach mentioned, notably the purchase of the hotel earlier this year from a private investment group, appropriating necessary funding to the Summer Concert Series and expanding programming and dining options to ensure a multifaceted entertainment venue.

She said directors approved the closing of several OTB branches in an effort to cut losses and streamline the operation.

When asked if the track and OTB parlors have been losing propositions, she acknowledged that in “years past, yes, although I will say that in 2021, our branches are doing much better.”

“We closed six OTB locations in 2020 and a lot of that handle from those six locations has transferred either to Batavia Bets, our online wagering, or to other brick-and-mortar OTB branches or EZ Bet facilities,” she said. “Actually, our branches and E-Z Bets are doing quite well right now.”

She wouldn’t speculate about the future of harness racing, other to say that a shortage of race horses is hurting the industry.

“As far as live racing goes, it’s a very expensive venture,” she said.

Leach said that the corporation is working within “a somewhat antiquated” OTB model developed back in the late 1960s.

“So, we’ve tried to cut costs there by consolidating our branch operations, closing and consolidating our handle, opening the E-Z Bets and opening Batavia Bets (online platform),” she said. “Batavia Bets has been successful ever since we opened it in 2012, but especially when COVID hit. That really took off because it was a way for patrons to wager as nothing was open.”

CONTRIBUTING TO LOCAL CAUSES

Beyond entertainment, wagering and earnings distributions, WROTB is an active contributor to charitable causes.

Marketing Director Ryan Hasenauer said the corporation gives back around $50,000 annually through donations, sponsorships and fundraisers.

“Since the hotel was constructed we have provided hundreds -- and I do mean hundreds -- of certificates for stay and plays for local fundraisers, charity auctions and similar type events,” Hasenauer said. “Those offers include a hotel night, free play and free food and are valued at over $250 each.  These are offered as prizes at an organization’s event which they use to raise money for their work.  So far this year we’ve given out over 200 of these.”

Hasenauer said organizations that have benefited from WROTB events include Make-A-Wish Gala, the Batavia Police Department K-9 Unit, the Genesee County K-9 Unit, GLOW YMCA, Food Bank of Western New York and the Breast Cancer Coalition of Rochester.

“We have also been a partner with many organizations, firstly as a place for them to hold large fundraising and outreach events,” he said, mentioning Red Cross, Connect Life, Breast Cancer Coalition of Rochester. “And we have partnered with organizations for them to benefit from being a part of our major events.”

He said the summer concerts generated funds for the Alzheimer’s Association, Make A Wish, Genesee County Animal Shelter and others.

File photos: Batavia Downs Gaming entrance on Park Road, The Hotel at Batavia Downs, harness horse racing action, Three Dog Night in concert, contribution to Make A Wish.