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The day-to-day operations manager at Porter Farms in the Town of Elba is determined to make all of Western New York aware of the substantial benefits of local farm markets and Community Supported Agriculture programs.

“I think that we all know that after COVID, we can’t rely on big box stores for everything that we need,” Kathy Riggs-Allen, a longtime Elba resident said today at the retail store and CSA processing site at 4911 Edgerton Road.

 “You’ve got something like this right in your backyard. Whether it’s us, or Torrey’s Farm Market on (Route) 98 and Underhill's in Elba or Harrington’s in Batavia. You have these awesome things right in our area.”

Today was CSA pickup day at Porter Farms, which, for 25 years, has forged relationships with consumers who support the farm by purchasing memberships and, in return, receiving a bag of produce each week during the 22-week or so growing season.

According to the United States Department of Agriculture’s National Agriculture Library, CSA consists of a community of individuals who pledge support to a farm operation so that the farmland becomes, either legally or spiritually, the community's farm -- with the growers and consumers providing mutual support and sharing the risks and benefits of food production.

Per the USDA, through these memberships the farmer receives advance working capital, gains financial security, earns better crop prices, and benefits from the direct marketing plan.

Riggs-Allen reported that membership in the CSA at Porter Farms currently is at approximately 450 members, with around 250 from the Buffalo area, 100 from the Rochester area and another 100 local residents.

She said that a full share costs around $20 a week while a half share (a little more than half of what is in the bag for a full share) costs around $15 a week, with memberships paid in advance.

All of the produce in the bag is organic, grown on the more than 500 acres owned by the Porter family.

“Every Saturday morning, we bag and retrieve produce for our members,” Riggs-Allen said. “For the Buffalo area members, we have divided them into about 17 different groups – with letters on the wall that indicate the (street or town) location. If there’s 13 people in your group, you take turns and you can drive out here – usually twice a season – and pick up the bags for everyone in that group. From there, you would take it to a pickup site where everyone in that group would come to that pickup site to get their bag.”

The Rochester area members are divided into five pickup sites, she said.

“For them, we load a truck first thing every Saturday morning, and the truck drops off the produce at those five sites, and the people in those groups go to their sites to pick up,” she explained. “Anybody can come to the farm and pick their share up. If you want to come every week, that’s great. If you don’t, you can be assigned to a group.”

Riggs-Allen said the farm is looking to grow the CSA, which at one time had more than 1,000 members.

She said samples of the vegetables that are being picked that particular week are available at the retail store.

This week’s bag contains potted oregano, white onions, baby romaine lettuce, cucumbers, pickling cucumbers, yellow squash, zucchini and purple kohlrabi (the name kohlrabi is German for “cabbage turnip”).

Ruth Miller, of West Barre, part of a family of retired dairy farmers, said she has been a CSA member for five years and appreciates “the food and the fellowship.”

“(I support) the idea of group, community farming. We’re farmers as well, so we understand the business and kudos to these people who are doing this,” she said, adding that the fact that the vegetables are organic is important.

“There’s a process that farms have to go through to be certified organic – and it is quite a process. No use of chemicals or contaminated seeds. No herbicides or pesticides,” she noted.

Riggs-Allen said another key factor in the organic process for vegetables is crop rotation.

“We can’t fertilize and put nutrients back into the soil with fertilizers so we have to use additional crops that put those nutrients back in,” she advised. “Crops such as beans and peas take a lot of nitrates out of the ground, so wherever you plant those one year, you want to be put a cover crop that’s going to repopulate those nitrates into the ground.”

Elba resident Bill Kauffman, a 20-year CSA member, said the program has given him a new appreciation of produce.

“I was somewhat vegetable averse,” he said, but over time he indicated that he has grown to love zucchini.

“I’m the world’s worst baker, but last night I made zucchini cake – and it was edible. This has expanded my vegetable horizons, but there still are certain ‘no go’ areas like kohlrabi,” he joked.

Kauffman added that the Porters “are a wonderful family and they have created something beautiful and enduring here; I’m happy to be a little part of it.”

The family also owns a certified organic orchard of Asian pears and apples on Route 262 and rents additional farmland in the area.

Vegetables grown include tomatoes, peppers, eggplant, cucumber, Swiss chard, broccoli, cauliflower, varieties of lettuce, onion, leek, winter squash, beets, peas and other greens.

At the recently opened retail store, the Porters sell all-natural Angus ground beef and lamb, produced from the livestock raised on their farm, as well as herbs, local honey and syrup, baked goods and other items.

The farm was started in 1956 by the late Carlton “Jack” Porter Jr. and carried on by his sons, Steve and Mike, who also have passed away.

Currently, Debbie Porter owns the farm, with Katie Porter-Metzler and Emily Porter-Swarner as key contributors to the operation and CSA program.

The retail store is open from 9 a.m. to 3 p.m. on Wednesdays and Saturdays. An open house, featuring activities for families, is scheduled for 11 a.m. to 1 p.m. on Aug. 7.

Photo at top: Kathy Riggs-Allen and Emily Porter-Swarner display the contents of this week's CSA bag of produce at Porter Farms in Elba; photos at bottom: Porter Farms location on Edgerton Road; picture at the retail store of founder Jack Porter with children, Mike and Beatrice "Bess"; hats, T-shirts and tote bags for sale at the store; Katie Porter-Metzler with children Georgia, Cora and Suzanna; Riggs-Allen, and Debbie Porter. Photos by Mike Pettinella.

Michael Thomas Martinez, 37, of Church Street, Oakfield, is charged with: second-degree menacing; two counts of first-degree attempted assault; two counts of criminal possession of a weapon in the third degree; two counts of second-degree harassment; and trespass. He was arrested at 1:55 a.m. July 21. After an altercation between Martinez and two victims, it is alleged that Martinez hit both victims with a closed first. He then allegedly pulled out a knife and attempted to slash at the two victims with a knife, stating he was going to stab and kill them both. Martinez did allegedly cut the arm of one of the victims. He then left the scene and returned to his residence. A relative of a victim watched Martinez's house to make sure he did not leave before deputies arrived. Martinez allegedly came out of his house with a black metal pipe, which started a separate altercation. He then threatened to hit the third victim, the family member, with the pipe. Martinez then allegedly told the third victim he was going to get a gun from his house and shoot the third victim unless he left. Martinez returned to his house for a short time, then came outside. He was taken into custody by Genesee County Sheriff's deputies and NYS troopers. Martinez was arraigned in Oakfield Town Court and put in GC Jail on $10,000 cash bail. The incident was handled by GC Deputy Jacob Gauthier and Deputy Austin Heberlein with assistance from state police.

Ida Marie Vanorden, 35, of Swan Street, Batavia, is charged with second-degree attempteed assault and third-degree assault. She was arrested July 22 after an investigation for allegedly assaulting two people at 3 a.m. on July 14 on North Lake Road in Bergen. She was arraigned in Bergen Town Court and is due back there on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Pamela A. Morrow is charged with driving while intoxicated with a BAC of .08 percent or greater -- second offense within 10 years, and DWI -- second offense within 10 years. At 6:20 p.m. July 21, Morrow was arrested on Linwood Road in Le Roy. She was processed at Genesee County Jail then released on appearance tickets. She is due in Le Roy Town Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

Elizabeth Michelle Thompson, 31, of Monclair Avenue, Batavia, is charged with petit larceny. She was arrested at 12:50 p.m. July 21. It is alleged that she stole $113.28 worth of merchandise from Walmart. She is accused of walking past all points of sale without paying for the items. She was processed at Genesee County Jail, then released on an appearance ticket for Batavia Town Court Aug. 19. The case was handled by GC Sheriff's Deputy Chad Cummings.

City of Batavia resident Phillip Boyd on Thursday said he has shelved his idea of a nine-hole disc golf course at Centennial Park in favor of working with city officials to place one at Williams Park on Pearl Street.

“It’s much larger than I originally thought,” Boyd said after taking a walk around the east and south portions of Williams Park with City Maintenance Supervisor Ray Tourt and City Parks Supervisor Brian Metz yesterday afternoon.

“Our talk went very well and there’s definitely a lot of potential for a nine-hole and we talked about possibly clearing out some of the woods in the right (southwest) corner for an 18 (hole course) in the future.”

Boyd said that he planned to return to the park today with a couple friends to map out a nine-hole course that would start near Pearl Street on the east side and proceed south along the east, southeast and south edges of the park.

He said he is hoping to attract sponsors for each hole to cover the expenses for tee pads, signage and baskets, figuring it would cost around $5,000. He also said he will be submitting his plan for Williams Park to City Manager Rachael Tabelski.

“Yes, I’ll have to do the same thing that I did to try to get Centennial Park; send in my course layout and proposal,” he said.

When asked to comment about the stir he caused with those living around Centennial Park, with many residents of that area rising up in opposition, Boyd said he wants to look ahead.

“Look, we all have our passions. Their passion was for Centennial Park’s history and mine is for disc golf,” he said. “I have no problems with leaving that behind now that there are other options available.”

Boyd also said he is willing to help those seeking to put an 18-hole course at Genesee Community College, and already has received quotes for the necessary equipment for that layout.

Photo: Brian Metz, left, Phillip Boyd and Ray Tourt looking at a map of Williams Park as they explore the possibility of placing a disc golf course at the Pearl Street recreational area. Photo by Mike Pettinella.

As a result of three committee meetings this week, Genesee County legislators have much to vote upon when they meet as a full board next Wednesday.

Resolutions passed at Monday’s Human Services and Public Service meetings and Wednesday’s Ways & Means meeting that were not previously reported upon by The Batavian include the following:

• $1.4 million for COVID-19 testing in schools

The New York State Department of Health has awarded the Genesee County Health Department funding in the amount of $1,415,984 for COVID-19 school testing activities and to purchase personal protective equipment for all public and private school pupils from Universal Pre-kindergarten through 12^th grade.

Public Health Director Paul Pettit said the money can also be used for testing supplies and telehealth services for both students and faculty. Distribution of funds will be based on the population at each school, he added. The grant does not cover vaccination.

• ARP funds to help spruce up OFA

This resolution calls for using $64,416 of more than $233,000 awarded through the American Rescue Plan for a capital project at the Genesee County Office for the Aging on Bank Street.

The project consists of reconfiguring and adding office space, carpeting and painting, replacing the dishwasher and garbage disposal, and adding other furnishings, equipment and subscriptions to enhance the client experience, OFA Director Diana Fox said.

The Human Services Committee also approved using some of the ARP money to fund two new positions at the OFA – a part-time program assistant and full-time financial clerk typist, both through Dec. 31, 2024 – and expand a part-time program assistant position from 15 hours biweekly to 19.5 hours biweekly, also through Dec. 31, 2024.

Two part-time vacant nutrition program meal site assistant positions were eliminated.

• Radio system contract with L3 Harris is extended

The Public Service Committee recommended approval of an extension of the public safety radio system maintenance services contract with L3 Harris Technologies Inc., through Dec. 31, 2026, at a cost of $188,567 per year.

The agreement was set to expire on Dec. 31 of this year, but since the county will be adding a new tower site on Molasses Hill Road in Alexander, it was determined to extend it at this time.

Another resolution to accept $205,530 in grant funding from the state Division of Homeland Security and Emergency Services Office of Interoperable and Emergency Communication was approved. The money will be used to offset a portion of the 2021 Communications budget, according to Emergency Communication Director Steve Sharpe.

• SROs to continue at Byron-Bergen, Pavilion

School Resource Officers will remain at Byron-Bergen and Pavilion central school districts for at least another year, with B-B opting for a September through August 2022 schedule at a cost of $102,813.81 and Pavilion going with a July through June 2022 schedule at a cost of $119,021.07.

Sheriff William Sheron said the difference in cost is due to one SRO having a single health insurance plan instead of a family plan. The cost to the schools include the hourly rate for a deputy sheriff, fringe benefits and insurances.

Public Service also approved a resolution to expend $10,757 from the K9 Donations Reserve Account to help in the recovery of K9 Rayzor, who recently suffered a leg injury and is need of physical therapy and medications before returning to service.

K9 Frankie also has had physical issues, but currently is fully functional, said Sheron, who thanked the public for donations to the fund, which has been depleted.

• More funding for Justice for Children Advocacy Center

A grant from the state Office of Children and Family Services’ to fund the Justice for Children Advocacy Center has been renewed, with this year’s amount of $190,143 representing a $2,000 increase from last year.

Funds from this grant will enable the program to provide services for children and families affected by abuse in the Batavia, Warsaw and Albion areas, JCAC Coordinator Theresa Roth said.

• ARPA funds to aid Genesee County Airport

Thirty-two thousand dollars in funding from the American Recovery Plan Act to offset expenses incurred due to the COVID-19 pandemic will be coming to the Genesee County Airport.

Highway Superintendent Tim Hens said the money will be used to help pay down the debt service on the terminal and main hangar. Hens noted that the county is expected to receive about $100,000 in this type of funding by the end of the year, and all will be used in the same manner.

The Ellicott Place project, one of several redevelopment ventures supported by the City of Batavia’s $10 million Downtown Revitalization Initiative award, is about 10 days away from completion, according to the head of the company that owns the Save-A-Lot building at 45 Ellicott St.

“We’re 98.5 percent done,” said Victor Gautieri, president of VJ Gautieri Constructors Inc., who, this morning, gave The Batavian the first look at some of the 10 market-rate apartments being built on the second floor.

City View Residences, the housing portion of the project’s official name, consists of seven one-bedroom and three two-bedroom units featuring nine-foot ceilings, stainless steel appliances (including a dishwasher and microwave oven), upgraded fixtures and trim, and plenty of closet space.

The apartments, which vary in size from 900 to 1,200 square feet, also come with a 10-foot by 6-foot outside deck that is secured by protective guardrails measuring 42 inches high. Each unit has its own laundry room with washer and dryer, and heating and air conditioning system, both tucked away in a small room with a door on it.

Gautieri (pictured above) said that transforming the building into more than a supermarket was a goal of his father, Vito, the company founder.

“It was his thought from initially purchasing the building that we’d be able to redevelop the second floor and put some commercial space up there, but that never materialized,” Victor Gautieri said. “Then, when we were approved for the DRI grant (covering $1.15 million of the total project cost of $3.1 million), that allowed us to put the apartments in.”

Realizing the need for quality housing in Batavia and Genesee County, Gautieri said he and his father “looked at it as a company” and figured that apartments on the second floor would be a viable option.

“We were able to get the (DRI) grant and then the financing to do the second-floor apartments, and from there, we did a complete ‘reno’ on the exterior of the building and now we’re creating a vanilla box in the remaining commercial space,” he added.

Gautieri said the apartments will rent for $1,325 to $1,575 per month, plus utilities (cable television is available). The apartments were designed by Dean Architects PLLC, of Depew, in conjunction with VJ Gautieri Constructors Inc.

“We have a waiting list and we’re going through the applications,” he said. “It looks like we will be in good shape on the apartments in short order.”

Another neat feature of the apartments is an electric door at the main entrance (on the north side of the building), with each tenant receiving a key fob that unlatches the door for entry. Each apartment has a video monitor on the wall near the door.

“Tenants will be able to see who’s at the front door and allow them to come in without having to walk down the stairs to unlock the main entrance door,” Gautieri said, noting that security cameras have been installed in all the public areas.

As far as commercial space, he said that 16,000 square feet is available, and can be divided depending upon the requirements of businesses that show interest in the property. Currently, it is being used as a production area during construction.

“Like the saying goes, ‘If you build it, they will come.’ As we started to redevelop and modernize the property, it spawned more interest from the business community,” he said.

The wall leading to the elevator and stairs on the first-floor foyer, crafted from wood taken from the building's exterior.

Stairs leading to the 10 apartments.Technicians are nearly finished with wiring of the elevator, Gautieri said.

 

Modern kitchen area with stainless steel appliances.

Flooring in one of the bedrooms. The color scheme is a darker shade of blue and light gray.

Enclosed laundry room.

Every apartment has a full bathroom and either a half- or three-quarter bath.

View from the deck of one of the units, looking west. Genesee County Building 1 is in the background.

"Door bell" monitor system that allows the tenant to see who is at the main entrance downstairs.

Photos by Mike Pettinella.

Update: July 22, 5 p.m.

Contacted later today, Thomas said he's excited to continue his longstanding relationship with Batavia Downs.

"It's a great organization to work with and I love dealing with the guests who come to the gaming facility and the harness track," he said, adding that he may be in Batavia next week.

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Directors of the Western Regional Off-Track Betting Corp. this morning extended the marketing agreement with former Buffalo Bills running back Thurman Thomas for another 18 months, voting to pay the Pro Football Hall of Famer a stipend of $10,000 per month to promote Batavia Downs Gaming and the harness horse racing track.

The per month cost to WROTB is down from the parties’ previous contract, but the relationship with Thomas – although different in scope – continues to be a strong one, WROTB President/Chief Executive Officer Henry Wojtaszek said.

Thomas has been a key “face” of Batavia Downs Gaming for nearly 10 years, joining forces with the public benefit corporation in November 2011. The contract stipulates that Thomas appears at all of the Buffalo Bills games on behalf of WROTB and at the Park Road facility for events throughout the year.

He also has a social media presence, appears at the Blue Zone at 34 Rush, and allows the corporation to use his likeness to promote the bar, Wojtaszek said.

Although he didn’t disclose the previous contract amount, Wojtaszek said the reason for the decrease is that Batavia Downs personnel “has picked up some of the things that he did for us before, a lot of the advertisements.”

“He still will do some for us, but the things that we’ve asked him to do will have gone down,” Wojtaszek said. “We believe that he’s a very positive, strong presence for us in the community. He’s a well-liked and respected individual and we’re proud to have a relationship with him. It’s just a little bit different.”

When asked if Thomas eventually would be phased out due to increasing in-house promotions, Wojtaszek said that wasn’t going to happen.

“We’ve all grown together. If you look at Batavia Downs back in 2013, and you look at the numbers and the reputation in the community – it’s only grown and he’s a big part of that,” he offered. “We want to continue to have a good, strong relationship with him, but it’s just changed.”

Wojtaszek said Thomas has other business interests in the community, and the pact with Batavia Downs is “an exclusive one relative to the casino industry.”

“We very much value our relationship and the board does as well as it was a unanimous vote to keep him,” he said.

Other resolutions passed at today’s Board of Directors meeting:

• The exclusion of a Paycheck Protection Program loan in the amount of $3,151,700 from the corporation’s 2021 revenue. It was announced that the loan --which was granted to pay various expenses, including payroll as a result of the COVID-19 pandemic -- has been formally forgiven by the federal government.

“That is done that way for accounting purposes,” Wojtaszek said. “It (the loan) was a good thing for the company; it came at a perfect time. We used it for its exact, intended use.

“We saved jobs and we saved the company going forward, and we’re very appreciative of the local bank that we dealt with – The Bank of Castile – and the SBA (Small Business Administration) that worked along with us.”

Wojtaszek credited Comptroller Jacquelyne Leach and her staff for providing the documentation necessary to make sure the loan was forgiven.

“In the end, there was a requirement of using 70 percent for payroll purposes, and I believe that we were in the 90s – 93 percent went for our payroll,” he said.

• Purchase of eight Metrolite kiosks and two Monte Carlo kiosks for $94,256 from the California-based Olea company that more efficiently allows gaming patrons to receive prizes and reprint Players Club cards.

“We have kiosks on the floor currently … they’re very effective but the ones that we have are outdated,” Wojtaszek said. “We could use a few more to help supplement people who need help at the Players Club, and we also have a couple that we never had before (Monte Carlo-type) that will allow people to print their Players Club cards for the first time right from the kiosk.”

• Creation of a Director of Sales position at the Batavia Downs Hotel to sell hotel packages, catering events and sponsorships relating to concerts there. Wojtaszek said the salary will be around $60,000.

The employee will be responsible for facilitating promotional packages for customers that tie in the gaming and harness horse racing operations.

• A contract with Keeler Construction Co., of Albion, for $28,000 for paving work on the east side of the horse barns along Richmond Avenue. Directors commended Live Racing Director Todd Haight for handling negotiations that resulted in a $5,000 decrease from the original estimate.

Directors tabled a resolution that would have permitted the marketing department to enter into a five-year agreement with WNY Arena to purchase tickets to Buffalo Sabres and Buffalo Bandits games and concerts.

The annual cost to WROTB would have started at $170,000 and escalated by $2,000 each year for the duration of the contract. The measure was tabled after Director Ken Lauderdale (Wayne County) proposed a three-year agreement, citing a “dynamic” sports environment where ownership of teams is subject to change.

Although Lauderdale’s amendment died for a lack of a “second,” Board Chair Richard Bianchi (Monroe County) requested tabling the matter and that was approved.

Wojtaszek said ticket arrangements such as this are important to the operation’s customer service strategy, rewarding “customers who are loyal to us and really want to see these games.”

“We streamline the process to make sure it is much more efficient and in line with compliance regulations,” he said, adding that some of the tickets are raffled. (Marketing Director) Ryan (Hasenauer) does a great job in administering the program.”

Batavia Downs Gaming has a similar ticket purchasing agreement with the Buffalo Bills, but that contract is not up at this time, Wojtaszek said.

It was reported that the corporation allocated $68,392 in surcharge revenue to its municipalities for June, and second quarter earnings were $1,051,606. Wagering though Batavia Bets, the online platform, was down by $215,000 in June and is down by $371,000 so far this month.

File photo: Thurman Thomas and Connie Penkszyk, of Batavia, at the November 2016 ribbon cutting of the Hotel at Batavia Downs. Photo by Mike Pettinella.

Jocelyn Sikorski has no problem admitting that her first six months on the job as executive director of Cornell Cooperative Extension of Genesee County have been an eye-opening experience when it comes to appreciating the value of agriculture in the community.

Sikorski, who spent most of her career in county government, notably as the director of the Genesee County and City of Batavia youth bureaus, said she has transitioned nicely to the CCE, an agency dedicated to agriculture, gardening, nutrition and food systems initiatives.

And she has been able to get out of her office and into the field (no pun intended) as well.

“I went to Blummer Dairy in Alexander, which is owned by Dave Patten (a CCE of Genesee County director) and his wife, Val,” she said by telephone on Wednesday. “I toured his farm with two of our regional staff and I also went out to Baskin Livestock on Creek Road, Batavia. That was so interesting.”

Visiting local farm operations and getting to know agriculture, nutrition and 4-H specialists and leaders have given Sikorski a new perspective about the food supply.

“We need folks to understand the importance of ag in our community. It’s the No. 1 industry in Genesee County, and people need to understand where this food is coming from,” she said. “That’s a big thing. You go to the store, but where is it coming from? Who is actually supporting our local industry?”

Toward that end, Sikorski said she hopes – in spite of decreased funding – to restore the “Ag in the Classroom” coordinator/educator position that has been vacant since 2016.

“Some of the things that have gone away over the past five years are a result of less federal aid and others, such as an “Ag in the Classroom” leader, are funded with county money,” she said. “Not having that is a significant loss to our community because it really is teaching children and youth about our agricultural system -- and that message then goes home.

“So, through this evidence-based curriculum, people can learn about the industry and why it is so large in the community.”

Sikorski said she and staff are hoping to reinstate that program as they draft the CCE’s strategic plan – a three-year guiding document that would take effect on Jan. 1.

“That is something that we are interested in bringing back; hopefully we can do that with the resources available or as they become available.”

Earlier this week, Sikorski presented her agency program review to the Genesee County Legislature’s Human Services Committee.

Highlights of that report are as follows:

• Agency is in a good place financially.

Sikorski credited then interim director Glenn Simon with setting up a safety and reopening plan to enable the CCE to open for business remotely on June 1, 2020 to “reach the population that we serve.” She noted that campus staff will be returning to the agency headquarters on East Main Street on Sept. 1.

Budget-wise, the Genesee County office is “looking good going forward,” she said, reporting that the county legislature contributes $338,548 annually to its approximately $1.2 million budget.

“There are different funding streams and also revenues from some of our programs and services. Basically, whatever comes in goes right back into that program and to their expense line. It supports what we’re providing here,” she said. “The county supports our association as well as us being able to utilize our regional ag team.”

That regional approach is a key cost-saving measure for CCE of Genesee County. Through its Shared Business Network, the agency receives the services of information technology, human resources and finance professionals – sharing the expenses with other cooperative extension locations.

Sikorski said she is seeking someone to fill an administrative assistant position, noting that it is full-time, Monday through Friday days, with health insurance and retirement benefits.

• Master Gardener training to begin.

The Master Gardener weekly in-person training program at the CCE office is set to resume on Sept. 7 and run through Nov. 23, she said.

“It will be the first time in three years. Last year, we would have held it (if not for COVID) because we do it on a two-year rotation,” she said. “So, having that training up and running again is great. We’re taking precautions where we will limit it to 24 people just in case any restrictions start coming back into play.”

• CDL training is on the schedule.

Sikorski said CCE again will provide CDL (Commercial Driver’s License) training for the ag community. It is coordinated by Jan Beglinger in conjunction with Genesee Valley BOCES.

“We usually enroll somewhere around 20 to 25 people into the CDL program so that farms can have staff licensed property to operate their trucks and equipment,” she said.

She also mentioned that changing federal guidelines may negatively impact the program – a shutdown was supposed to take effect at the beginning of next year – but is hopeful of the continued partnership with BOCES “because this is a tool for our ag community.”

• 4-H has strong presence at Genesee County Fair.

She said she anticipates strong 4-H participation at the Genesee County Fair (which opens Friday with the North American Six-horse Hitch Classic Series and runs through July 31).

“And we continue to recruit new adult volunteers to serve as 4-H Club Leaders to expand the program,” she said.

Genesee County Manager Matt Landers has yet to hear from government officials in the towns of Darien and Pembroke and Village of Corfu on whether they will be opting in to an updated countywide water supply agreement. But he is sticking to his timeline to enact a new sales tax distribution plan to all municipalities.

Landers, at this afternoon’s Genesee County Legislature Ways & Means Committee meeting at the Old County Courthouse, presented a resolution that immediately (when passed by the full legislature) rescinds the county’s annual voluntary distribution payments. It also directs the county treasurer to discontinue all future such payments until further notice.

The measure passed and will be forwarded to the legislature’s next meeting, which is set for July 28.

Landers said the county made the first six monthly distribution payments this year but is changing course going forward – offering municipalities (with a deadline of Aug. 13), the following options:

• With universal buy-in to revised water supply agreements, accept $10 million annually over the next 38 years, with the amounts per town or village determined by the total assessed property valuation;
• Without universal buy-in, accept $7 million in annual sales tax distributions and another $3 million in periodic revenue distribution over the next 38 years, minus equalization of water surcharge revenue to those municipalities not opting in.

Currently, Darien, Pembroke and Corfu have not signed the water agreements, although their town and village boards have scheduled meetings over the next couple weeks.

“The towns and villages are aware of this resolution (to rescind the agreement that was passed in 2020),” Landers told the committee.

On Monday, a draft of the new sales tax agreement – without any specific dollar amounts filled in -- was sent to the New York State Comptroller’s Office for review.

Landers has set Sept. 14 as the date to send the amended and signed agreement to the Comptroller for formal approval.

SHOOTING FOR A $1 MILLION GRANT

In other action, the Ways & Means Committee voted in favor of a resolution to hold a public hearing for 5:30 p.m. Aug. 25 at the Old County Courthouse to provide information regarding the application of funding from the Community Development Block Grant COVID-19 Response program in the amount of $1 million.

Landers explained that the money is targeted for assistance to small businesses in the county, those with 25 or fewer employees.

He said the Genesee Gateway Local Development Corp. will help facilitate the money, if received, to go toward programs such as job creation, equipment/furnishings for parklet-type outdoor dining locations, personal protective equipment, and air handling measures, telecommuting employment and related initiatives.

“We have 12 months to spend the money from the date of applying,” he said, adding that the GGLDC, Downtown Batavia Improvement District, Genesee County Chamber of Commerce and other outlets will be promoting this heavily. “This is money beyond the $11 million that we received from the American Rescue Plan Act, and we still have that.”

Landers said the majority of the funds will be in the form of grants, with some to be allocated as loans.

“It’s a win-win for everyone,” he added.

HCA WITH PLUG POWER IN THE WORKS

The committee also approved a resolution authorizing the county to enter into a Host Community Agreement with Gateway Hydrogen LLC, also known as Plug Power Inc., of Latham, which is planning to build a green hydrogen production facility at the Western New York Science & Technology Advanced Manufacturing Park in the Town of Alabama.

Landers reported that the county – as long as the proposed project goes through – would receive $366,000 annually for 20 years plus another $147,000 annually from a Payment in Lieu of Taxes agreement.

“This brings revenue to the county to be used for general operations without having negative tax cap implications as well as giving us the option of how to use it,” he said, adding that it is projected to start on Jan. 1, 2023.

Host Community Agreements or Host Benefit Agreements are legal contracts that benefit both the community and the developer of a project -- stipulating the benefits a developer agrees to fund or furnish, in exchange for community support of a project.

Benefits can include commitments to hire directly from a community, contributions to economic trust funds, local workforce training guarantees and more.

In this case, Landers said some of the funds could go toward a Niagara County connection that would increase the water supply to the northern region of the county, including around the STAMP site.

“This may be able to support the possible connection to Niagara County,” he said. “It’s basically gap water between Phase 2 and Phase 3 of the Countywide Water Program.”

He also said he believes the Town of Alabama will be entering into a HCA with Plug Power.

The PILOT agreement will serve to lower the tax cap, which helps reduce the property tax rate, he said.

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

The first time he saw it, the first time he went to the motocross track in Pavilion, there was something about the speed, the dust, the bikes flying over hills, the racing, that made then 8-year-old Joey Spadaro tell his dad, "I want to do that."

Seven years later, Joseph Spadaro says of his son, "He's a beast on the bike. A hard worker. Super competitive. He absolutely hates to lose. He will go above and beyond most boys, most men, because he doesn't like to be behind anybody."

That competitive spirit has won Spadaro his second trip to the Monster Energy AMA Amateur National Motocross Championship at Loretta Lynn Ranch in Hurricane Mills, Tenn., starting on Aug. 2.

"That’s the most fun event," said Joey, who is now 15 and in the 10th grade at Le Roy High School. "Everyone there is fast. Everyone there knows what they’re doing. A bunch of people. The atmosphere is cool."

Joey didn't win his first race -- at Area 51 -- when he was 8 but he figures he's won more than 400 races in the local area since. He made it to the national event by finishing in the top six at the regional meet in Unadilla, NY. At that event, Joey ran three races coming in fourth, first, and ninth, for a fourth-place overall finish.

His father figures that makes Joey one of the 40 best in his class in the nation as he heads off to nationals.

"He's been a gear-head since he was tiny," Spadaro said. "He never rode a bike. He went from walking to riding a dirt bike. He never rode a bicycle until he was already riding a dirt bike. From his first race it was like, 'Woah, you already know how to do this.' "

Before this season, Joey raced in Class C and won more titles than he can count both at home and away. He's moved up a class and will be able to race in that class for two seasons.

Before going to Pavilion, Joey said, he had training wheels on his 50cc dirt bike. Those quickly came off after Pavilion and he took off to the races.

"I just thought it was really cool," Joey said. "I never thought I would be as good as the people I watched and it turned out I became better than the people I was watching."

He now runs a KTM 125 and a KTM 250.

During the off-season this year, Joey will travel to Chesterfield, S.C., where he will train at a motocross club. That off-season training is what helps elevate Joey to a pro-level rider, Spadaro said.

"If he can train in the off-season like the pros do, I think he can be a pro at a higher level," Spadaro said.

Yes, Joey does want to race dirt bikes for a living. It's what he loves to do and he loves to win.

"I enjoy it because I'm good at it," Joey said. "It's just fun to be good at something you love to do."

      Jason Klinkbeil

An attorney for a 32-year-old Alabama man in court to be sentenced on multiple crimes expressed regret Wednesday that his client had missed his chance at a drug rehab stint before the man rammed his car into another vehicle on Bliss Road in Oakfield in December.

The timing just didn't work out Christian Catalano suggested before recommending a minimum prison sentence for Jason Allen Klinkbeil on his convictions for grand larceny, 3rd, and falsifying business documents -- one and a half to three years on each count to run concurrently.

Klinkbeil had also previously admitted to first-degree vehicle assault and Victor Mui represented Klinkbeil on that conviction.

The assault incident occurred less than two weeks after Klinkbeil was indicted by the grand larceny on the falsifying business records counts; Mui also asked for a minimum prison term.

Both attorneys said Klinkbeil doesn't have much of a criminal record, noting only one felony conviction for aggravated unauthorized operation, 1st, and should be given some consideration for his admission of guilt and seeking treatment for his substance abuse problem.

Catalano said his client was addicted to opiates.

For his part, Klinkbeil told Judge Charles Zambito that he takes responsibility for his actions and recognizes he has a drug problem he needs to address. He said he's been working and taking care of his family since his arrests in December.

"I realize I had a lot of wrong views before I had a family," Catalano said. "That's why I'm here today, trying to get things straight so I can get back to my family."

At the start of the hearing, Mui said his client wanted to ask for a two-week continuance in the sentencing so he could spend more time with his kids. District Attorney Lawrence Friedman said he saw no reason to delay the sentencing and Zambito denied the request.

Friedman had asked Zambito to impose the maximum possible sentence under the terms of the plea agreement, which was five and a half to 11 years.

Zambito said Klinkbeil's criminal actions are an example of "the harm substance abuse or alcohol abuse can produce, not only for yourself but for people around you and people you don't know."

The grand larceny charge, Zambito noted, involved a theft to obtain more drugs, and the falsifying business documents charge stemmed from trying to pawn items taken from a friend.

In the first case, Zambito said Catalano was right. That might have been a case that was eligible for transfer to drug court but in the second case, Zambito said he didn't believe Klinkbeil had accepted responsibility for his actions. Zambito had said that Klinkbeil had in some prior statement tried to blame his friend for the situation.

Klinkbeil, who had mostly been sitting between his attorneys at the defense table with his head down, looked at Zambito at this point and sat forward as if he was about to speak.  He didn't.

Zambito sentenced Klinkbeil to one and a third years on the grand larceny conviction and two to four years on the falsifying business records conviction, with the sentences to run concurrently.

Klinkbeil was sentenced as a second felony offender because of a prior aggravated unlicensed operation conviction, 1st. Contrary to the attorney's statements that Klinkbeil has a minimal criminal record, Zambito noted he's been arrested multiple times and that he had a prior probation violation.

Klinkbeil's prior criminal record includes arrests for:

• Possession of a controlled substance, 7th, in Le Roy in July 2012
• Criminal trespass, 3rd, in Le Roy in September 2012
• Petit larceny in Le Roy in February 2013
• Petit larceny in the City of Batavia in March 2014
• A DWAI in Livonia in May 2016
• Petit larceny in Greece in July 2016
• AUO, 1st, in Livingston County in October 2016

On the business record charge, Zambito also ordered Klinkbeil to pay $372.60 in restitution.

Then Zambito turned to the vehicular assault conviction, which he said was the far more serious charge, calling it a "road rage" incident.

"You put the physical safety and lives of others at stake," Zambito said.

The judge noted the incongruity of Klinkbeil's desire to take care of his family and the fact that his wife was in the car at the time of the incident.

"This was all fueled by substance abuse," Zambito said. 

When Zambito reiterated that Klinkbeil didn't seem to show any remorse for the falsifying business records, Klinkbeil did speak up but Catalano told him not to speak.

"There must be a prison sentence but must it be the max?" Zambito said. "I'll give you the benefit of the concurrent sentence and give you three-and-a-half to seven years."

Editrudis Zavala-Palacio, 52, is accused of first-degree rape with forcible compulsion stemming from an incident which occurred in 2009 at an upper apartment in the first block of Jackson Street in the City of Batavia. He was arrested this month on July 7 at 5:30 p.m. and arraigned in Batavia City Court. He was put in jail on $200,000 cash, $400,000 bond, or $400,000 partially secured bond. No upcoming court date cited. No information provided about the investigator(s).

Shacerie Rivera, 24, was arrested at July 14 on Liberty Street in Batavia and charged with second-degree criminal assault and criminal possession of a weapon in the fourth degree. It is alleged that at 10:23 p.m. July 13 that she cut a person in the arm with a knife; then she is accused of interfering with police as they attempted to take another person into custody. Rivera was arraigned in Batavia City Court and released under the supervision of Genesee Justice. Rivera is due back in court on Aug. 11.

Marquele Tomlin, 30, is charged with second-degree reckless endangerment after a lengthy investigation into a report of an armed robbery at 1 a.m. May 30 on East Avenue in Batavia during which Tomlin was shot. The investigation began about 2:45 the same morning when members of the Batavia Police Department were dispatched to UMMC for a report of a victim with a gunshot wound to the hand. Tomlin stated that he had been shot during a robbery earlier in the night while walking on East Avenue, somewhere between Vine and Elm streets. Police officers, detectives and a canine scoured the area, but were unable to located any evidence of a crime scene. Several other areas of interest through the city were also checked with negative results. Detective Jason Ivison watched hours of security footage and interviewed dozens of people during the course of the investigation. Tomlin is accused of operating a vehicle with a loaded and unholstered firearm on his lap in reckless manner, which caused the firearm to discharge. According to the police report, Tomlin shot himself in the hand and the bullet exited the vehicle in the area of East Avenue and Batavia Middle School, causing a substantial risk of serious physical injury or death to another person. He was released on an appearance ticket and is due in Batavia City Court July 27. There is an ongoing investigation into the vehicle Tomlin was operating that night and a vehicle of interest has been identified. If anyone has information relating to this case, please call Detective Ivison at (585) 345-6312 or through the confidential tip line at www.bataviapolice.org.

Melanie Marrero, 20, is charged with obstruction of governmental administration in the second degree and second-degree harassment. At 10:31 p.m. July 13 on Liberty Street, Marrero was arrested after a complaint that she failed to comply with officer commands, physically resisted arrest and spit on police officers. She was issued an appearance ticket for July 20 in Batavia City Court then released.

Donald Ernest Yott Jr., 32, of Alexander Road, Alexander, is charged with: criminal possession of a weapon in the third degree -- high-capacity ammunition feeding devices; a second count of criminal possession of a weapon in the third degree -- an assault weapon; and criminal possession of a firearm. On July 20 at 4:20 p.m. Yott was arrested on the charges and arraigned in Alexander Town Court. The charges stem from a search warrant executed by the Genesee County Sheriff's Office on Sept. 6. Yott was released on his own recognizance and is due back in court Sept. 14. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Andrew Mullen.

Eric Doleman, 51, and Amanda Bowles (no age provided) were arrested and charged with petit larceny. It is alleged that at 9:37 a.m. on July 14 that they took eight pocket knives from a convenience store on East Main Street in Batavia. They are accused of fleeing on foot and were subsequently taken into custody at a separate location. Both were issued appearance tickets and are due in Batavia City Court for arraignment Aug. 3.

Antonio Goodson, 31, is charged with petit larceny. On July 12 at 12:18 p.m., Goodson was arrested for stealing two 30-packs of Budweiser beer from Save-A-Lot in Batavia. He was released on an appearance ticket and was due in Batavia City Court on July 20.

Cynthia M. Gosier, 36, of Maple Street, Batavia, is charged with petit larceny. After an investigation, Gosier was arrested July 17 on suspicion of shoplifting from Walmart. She was issued an appearance ticket returnable to Town of Batavia Court on Aug. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Travis DeMuth.

Nicholas O'Connor, 30, is charged with unauthorized use of a motor vehicle in the third degree. At 11:04 p.m. on July 4, he was arrested for allegedly keeping a vehicle beyond the time frame agreed upon with the owner. He was issued an appearance ticket and is due in Batavia City Court July 27.

After waiting nearly three months for visual screening projections from representatives of a proposed 1.65-megawatt solar system on land owned by the Genesee Gateway Local Development Corp., the Batavia Town Planning Board got its wish Tuesday night and then took only 12 minutes to approve the site plan and special use permit for the project.

James Taravella, senior civil engineer with LaBella Associates in Orchard Park, had the visualizations in hand as he appeared before the board at its monthly meeting at the Batavia Town Hall on West Main Street Road.

The venture, known as Batavia Solar LLC, calls for the placement of the ground-mounted solar farm at 99 Med Tech Drive, off R. Stephen Hawley Drive across from Genesee Community College.

Taravella showed photos from three different vantage points – east of the property of Robert and Michelle Wood, who reside just east of the site; the corner of R. Stephen Hawley Drive, and the Med Tech Building parking lot. The photos depicted the location as it looks now, the expected condition at the time of planting, and projections five years from now and 10 years from now.

He also said he talked with the Woods earlier in the day and said the couple will be involved in the screening process throughout the project life.

“As we’re out there, they’re more than welcome to say, ‘Hey, can you move that over?’, and they can have direct input on their actual final placement because it’s right by their house,” Taravella said. “One of the things Michelle made really clear was that she would rather have this than have Benderson come in and build a plaza behind her house.”

Planning board member Steve Tanner said he appreciated the simulations but the solar panels, being on a perched hill, will be visible.

“No matter what you do, when you drive down the road, it’s still going to be there and you’re still going to see it,” he said, comparing it to the solar farm on Batavia-Elba Townline Road that is in plain sight.

Following Taravella’s brief presentation, planners accepted the site plan contingent upon town engineering approval and a decommissioning bond, and the special use permit that includes regular maintenance and the installation of no more than three utility poles.

Board approval had been delayed – and tabled -- three times due to the fact that the visual screening projections had not been submitted.

Photo: View from Med Tech Building parking lot, looking east. The Robert and Michelle Wood residence on Batavia Stafford Townline Road can be seen in the background. Photo by Mike Pettinella.

“Explore (the) reduction of parking and increase green space. Goal: no parking.”

With that note to himself penciled in along the border of a sketch design showing a proposed parking lot where the Genesee Area Family YMCA currently sits, Michael Mistriner is going back to the drawing board in an attempt to zero in on a final site plan for the Healthy Living Campus project.

Mistriner, principal architect for Clark Patterson Lee in Buffalo, and David Ciurzynski, project manager, appeared before the City of Batavia Planning & Development Committee on Tuesday night, presenting their ideas of how the $30 million Downtown Revitalization Initiative venture should look upon completion sometime in 2023.

Members of the PDC, while thoroughly impressed with the design of the building that would house a new Genesee Area Family YMCA and medical offices affiliated with Rochester Regional Health and United Memorial Medical Center, weren’t totally on board with other aspects of the site plan. Specifically, the lack of green space along Main Street and a proposed entrance/exit into the campus from Summit Street.

The scope of the project calls for razing three buildings on East Main Street – the existing YMCA, a medical office building (former Cary Hall) and a maintenance building. The proposed new facility will include the two-story, 69,420-square-foot building, off-street parking, new access point from Summit Street and site work/landscaping throughout the complex.

All of the parcels involved have been rezoned from P-2 (Planned Development) to C-3 (Commercial).

PARKING VERSUS GREEN SPACE

Ciurzynski, Mistriner and UMMC President Dan Ireland indicated that their intention was to balance the amount of parking around the facility with green space, contending that additional parking would be necessary to accommodate the anticipated increase in business.

The current site plan does show some green space closer to Main Street, backed by a hedgerow to screen that from a 50-space parking lot that is next to the Genesee-Orleans Regional Arts Council building and bumps up against the east wall of the Office for the Aging building.

“This (the green space) comes out as a flat surface and you can see people exercising (in a rendering) so the idea is we want to get out of the building; get on the street and really take advantage of that and building a program around it,” Mistriner said.

The site plan also shows a walkway between the new YMCA/UMMC facility and the Main Street parking area.

“We’re in talks with the GO ART! people to find out how we can utilize the space to activate the music courtyard that they have there and give us a nice visual,” Ciurzynski said. “We want to encourage activity between the two buildings … with hopes that something in the future could go here.”

Planner David Beatty said he liked the idea of green space there, but suggested that it be increased at the expense of eliminating some of the parking. It also was noted that in a Commercial zone, there are no minimum requirements for parking.

BEATTY: MORE OF THE GREAT OUTDOORS

“You have a new building … and we have some minimal ideas about outdoor space,” he said. “You talk about healthy outdoors, well there’s not that many outdoor spaces. So, that’s one of my basic problems about the site."

Beatty said he didn’t see the space being created by the removal of the existing YMCA as being fully utilized, and that prevents residents from getting the most benefit from what is supposed to be a “healthy living” setting.

“Right now, you’ve got little spaces, outdoor spaces, and you’ve got parking lots,” he added.

PDC Member Rebecca Cohen agreed with Beatty, adding that as it currently stands, the campus “doesn’t look like it’s functional.”

Mistriner said he understood where they were was going and drew lines on the design drawing that would expand the green space farther north, about halfway into the proposed parking area.

Later, as they concluded the review and had persuaded Mistriner to rethink the layout, Beatty said, “Ideally, I don’t want any parking there.”

“Outdoor space – it’s a huge opportunity for your facility,” Beatty said.

Ciurzynski replied, “We’ll just have to finish our study on the parking to see what … You have to understand that a significant amount of that parking space will be taken up during regular business hours for the clinic that is on the second floor. We’ve got to balance all of that out.”

IS SUMMIT STREET ACCESS NECESSARY?

PDC members Ed Flynn and Cohen said they questioned the need for an entrance/exit driveway from Summit Street, which would use an open area owned by UMMC, located between two houses on the west side of the street. Plans call for landscaping and buffering with trees the driveway.

Cohen mentioned the amount of vehicle traffic on the street, considering that St. Joseph’s School and Resurrection Parish are on the east side of the road, and also pedestrian traffic of pupils from that school and the Batavia Middle School on Ross Street.

Ciurzynski said a traffic study showed that an access point from Summit is vital to the flow of traffic in and out of the campus, giving motorists an option other than Bank Street, Washington Avenue and (the one-way) Wiard Street. He said he didn’t believe it would interfere with school traffic.

“We would hope that most of this traffic coming out onto Summit Street would be making a right-hand turn whereas the school drop-off is more on the east side of the road, so they should be passing in opposite directions,” he explained.

In any event, before a Summit Street access point would become reality, the residents in that area would have to be contacted about the proposal and a public hearing would have to be held.

Cohen said she thought the project, overall, is “fantastic” but her biggest concern was “integrating it seamlessly into the community – making it walkable, making it more available, and not just a big block in the middle of our downtown.”

LIGHTING UP WIARD STREET

Earlier, Cohen brought up the issue of adequate lighting along Wiard Street, an area that she said “traditionally is a little dicey at night.”

Ciurzynski responded by saying that plans are to place wall lighting on the east side of the new building to illuminate the street, while not having lights shine on adjacent residential properties.

The consultants opened the review by providing samples of the building elements – brick, limestone, extensive use of glass, sunscreens and other environmentally friendly materials that wash easily and also complement the colors and designs of existing buildings in that downtown area. They also said they considered the height of adjacent buildings in their design of the Healthy Living Campus building to ensure a uniform look.

Ciurzynski said he was concerned about the delay in completing the State Environmental Quality Review, which must be done before a contract with the state Department of Health can be signed to release $7.5 million in grant funding for the UMMC portion of the project.

“If we don’t get the SEQR, we don’t finalize our contract and we can’t start drawing funds against that,” he said. “We really need to start drawing funds against that because we need to start some of the demolition and we still have design to pay for and things like that.”

Code Enforcement Officer Doug Randall said that since it looks as though the architects were getting closer to a final, approved site plan, that the environmental review could be completed soon, possibly by the PDC’s next meeting on Aug. 17.

Primary sources of funding are $4.075 million in DRI money for the YMCA and the DOH Transformation 2 grant for $7.5 million.

“The balance of it is other foundations and other fundraising that we have done in the area,” Ciurzynski said. “We will have to do conventional financing to build the project, so anytime you do a project like this and you have funding sources that are relying upon you spending the money, and getting reimbursed – as well as public support -- you have to have that money somehow in place for construction.”

He said that more than $11 million has been raised through fundraising efforts thus far.

“We’re getting there; we’re doing really well,” he said.

Photo at top: Michael Mistriner, left; Dan Ireland and David Ciurzynski present Healthy Living Campus site plan to City Planning & Development Committee, from left, Meg Chilano, Doug Randall, Rebecca Cohen, Matt Gray, Ed Flynn, Duane Preston, David Beatty and John Ognibene; photos at bottom: Mistriner and Ciurzynski; rendering of the building; overhead site plan with Main Street at the bottom of the drawing. Photos by Mike Pettinella.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-----------------

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

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

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

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

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

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

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

The Times’ story also included the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“That still helps us considerably,” he advised.

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HEAVY RAIN LIFTS GROUNDWATER LEVEL

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

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

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

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

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

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

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

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

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

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

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

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

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

Education Includes Professional Certificate

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

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

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

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

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

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

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

Previously Interacted with City Manager

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

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

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

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

She compared it to the planting of a tree.

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

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

Promoting Genesee County

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

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

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

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

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

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

Putting Technology to Good Use

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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LE ROY MEADOWS UPDATE

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

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

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

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

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

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

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

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

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

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

No citations were issued.

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

The accident report was completed by Officer Stephen Quider.

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

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

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

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

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

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

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

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