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Learning that Batavia lawmakers apparently have squashed his vision of placing a disc golf course at Centennial Park is not sitting well with 27-year-old Phillip Boyd, the Hart Street resident who pitched the idea at a City Council meeting in late May.

This past Monday, Council members – responding to complaints from homeowners living near the tree-dominated park in the northwest quadrant of the community – agreed that Centennial Park is “off the table” as a potential location for a nine-hole layout for a sport that has gained in popularity in recent years.

SIDEBAR: Western New York: A Hotbed for Disc Golf

Boyd is an avid disc golfer who competes in a league at courses in the Buffalo/Niagara region and has played at courses closer to home, including one at Hartland Park in Bergen. He said he’s not giving up on his push to have a disc golf course in Batavia and sees the 14-acre parcel across from the New York State School for the Blind as the perfect place.

“I’m definitely going to still try to get it there,” he said on Friday. “The main thing that I’m disappointed in is that the argument that they have is ‘keep it a green park’ when it has never truly been a green park. And, also the idea of the traffic being around there.It’s a park. It’s not busy now and parks are typically busy.”

Boyd said numerous people have told him that Centennial Park is rarely used.

“That’s the thing that should be changed -- to actually use a giant open space, and actually use it in Batavia. We have no activities around here. There’s nothing to do; everyone has to go to Buffalo and Rochester,” he said.

“These smaller towns like Bergen, Pembroke; they can do these, but Batavia can’t. That’s why we’re so far behind and why Batavia is a declining city. We aren’t the true hub of Genesee County. Everyone’s leaving Batavia because there is nothing to do here.”

JANKOWSKI: FOLLOW THE PROCESS

City Council President Eugene Jankowski Jr. said he and his colleagues do support events and activities, regularly approving requests from community organizations that are submitted to city management and staff.

“There’s a procedure and a process for these types of things and putting in a disc golf course at a city park is no exception,” Jankowski said. “Mr. Boyd was requested by Council to hand over his plans and documents to the city manager (Rachael Tabelski) for review and to get that process started, but he has yet to do so.”

Jankowski said Boyd appeared at two Council meetings, stating his case for disc golf during the public comments session.

“He was asked twice to submit the paperwork to the city manager, but instead he showed up at two City Council meetings and has yet to submit his written plans,” he said.

When this was mentioned to Boyd, he said he intends to hand in the information (sketches and a detailed course layout at Centennial Park) on Monday – July 19^th, the deadline that he says he was given by Tabelski.

The Council president said his main issues with Centennial Park are that it has no facilities -- specifically bathrooms and amenities that are available at other city parks -- and that the only parking is along city streets.

“We’re willing to work with Mr. Boyd to find a better place, including working with our partners at neighboring towns and with Genesee County to try to make this happen,” Jankowski offered. “We’re not against disc golf, and are willing to look at other alternatives.”

BOYD: ‘SOME AREN’T OPEN TO CHANGE’

Boyd said he has walked the other parks in the city and finds that none of them, except maybe Williams Park (depending upon how much land the city owns at that location), would be acceptable.

“The Council president said that Centennial is off the table,” Boyd said. “If he is going to do that for 150 signatures and 12 people who showed up at the (July 12) meeting, that’s a problem. If I come with as much support as I have – a lot more than 150 signatures -- and he is still going to stand with that, then you’re not really being open to the idea of change in Batavia.”

“If Batavia is the hub of Genesee County, the lone city, we should be the one to lead the way for all the towns. Why do so many towns in our area have more activities than the city? There’s no reason for that.”

Boyd said he “feels comfortable with the amount of support he has and it’s building,” noting that he has reached hundreds of people through various social media platforms.

Jankowski questioned Boyd’s petition, which he said is on change.org.

“That’s open to anyone in the country,” he said. “How would that have anything to do with people who live here?”

DIFFERENCES OF OPINION

Residents of Ellicott Avenue and Park Place, two of the streets that border Centennial Park, came to last Monday’s meeting and urged Council to keep the park as it is – without any permanent structures other than trees – now and into the future.

Some brought up the “negatives” associated with disc park, but most were there to profess their affection for the park in its current state.

Before they had a chance to voice their opinions, however, Jankowski said that he had received information that Boyd had backed off on having the course at Centennial Park due to the neighbors’ concerns and was open to other locations.

When that was conveyed to Boyd yesterday, he said that he never agreed “with just dropping this.”

“I said if there was a good enough reason why they didn’t want it here other than it is a green natural park, which technically it is not, (then I would listen),” he said. “But it hasn’t been that at all.

"They say traffic. If you put anything in any public space, that public space will be used more. Therefore, there will be more traffic. If they have a better opposition except just those small things, I’ll leave it alone.”

He then said that a nine-hole pitch and putt golf course used to be at Centennial Park in the 1960s.

“No one wants to bring up that golf balls do way more damage than a disc could ever do,” he said. “The park used to have a fountain and a pond before things got changed over. Then, in time it was stopped and taken care of by New York State and then they gave it over to the city.”

CITY IS WAITING FOR INFORMATION

Tabelski said that an email from Maintenance Supervisor Ray Tourt indicated that he spoke with Boyd, who said he was willing to look at Kibbe and Williams parks if Centennial wasn’t available.

“The confusion stems from the fact that Phil has yet to submit the information that the Council president and staff has requested,” she said. “Even taking Centennial Park out of the mix, if you look to work with the city, there is a process to follow.”

She said that process includes review of any requests by the city manager, department heads and city attorney, considering financial and insurance implications. Once the review is complete, it then is brought forward to City Council for discussion and potentially to a vote.

“We’ve engaged with him and we’re waiting for his plans and documents,” she said, reiterating Council’s decision. “City Council will not consider Centennial due to its historic use and importance to the community.

“It was clear that it was the strong sense of Council that it is inappropriate. Phil has not reached out to myself or the Parks Department to further discuss an alternative location.”

DISC GOLFERS: A RESPONSIBLE GROUP

Boyd defended the disc golf community, one that he says is “very big on being as respectful as possible” and provided examples where disc golfers have won over those who initially were against them. He said disc golfers police each other and prioritize keeping the courses in top shape and free of debris.

“If somebody notices that someone does something not typical of our community, they’ll speak up to them and say, ‘Hey, that’s not what we do. Don’t make us look bad. Please refrain from doing that, and do it this way,’ ” he said.

He said disc golfers carry out the trash they carry in where no garbage cans are provided, and some disc golfers walk the courses to pick up trash left behind by other park goers.

“There’s plenty of room at Centennial Park,” said Boyd, comparing it to Pine Woods Park in North Tonawanda. “When they first started to put a course at Pine Woods, the residents in the neighborhood were so against it. They had picket signs in their front lawns that read, ‘No to disc golf.’”

“But eventually they got the course approved and they put in a nine-hole course. Two years after that, even after they had continued pushback from the neighborhood, the city approved an increase to an 18-hole course because the city realized how many people were coming to play. It was huge; the park was actually being used again.”

He said he mirrored his course layout after Pine Woods because it is similar to Centennial Park.

“The way I’ve set it up is that there will be room for other activities and still have disc golf,” he said, adding that it would take up about two-thirds of the park, stopping short of the hill used for winter sledding.

He said that he told Tourt that he walked all of the other parks and “there’s no other true park in Batavia other than Centennial that will give you a disc golf course that will bring anyone to it.”

CENTENNIAL? PAR FOR THE COURSE

Boyd said his nine-hole course works so well at Centennial Park because of the abundance of trees.

“You can set trees up in a fairway to make it more difficult hole. You can make holes so much shorter as long as the trees make it more difficult,” he explained, showing a printed Google map of the proposed course. “A few friends and I have placed portable baskets at the park and played the course a few times, and it works out great.”

He said the first hole starts at the corner of Park and Ellicott and is angled inward toward the park to avoid the road – a par 3, 300-foot shot. He said he tried keep everything away from the roads to avoid any possible danger.

“It works down Park Avenue for two of the holes and the third hole comes back toward the center of the park. The fourth hole goes about 50 feet short of the walkway and hole five brings you back down to the middle of the park,” he said.

“Six and seven are in the middle of the park, eight brings you to the outside and hole nine is up at the corner of Richmond and Ellicott and brings you down to where you first started.”

He said the average hole length is about 225 feet.

Hartland Park in Bergen has a nine-hole course that is similar to the one Boyd has drawn up. There, he said, disc golfers coexist with those walking their dogs and using the park for other purposes.

“There was opposition at first from people saying they didn’t want discs thrown in their backyards,” he offered. “That’s not the case anymore because people realize that the disc golf community is a good community, and there’s really no true harm in it. And people still walk their dogs there; I see them while I’m playing.”

COUNCILPERSON-AT-LARGE WEIGHS IN

Councilperson-at-Large Robert Bialkowski said he has been trying to educate himself about disc golf, talking to managers and officials at Darien State Park, Beaver Island State Park on Grand Island, and Lincoln Park in Buffalo – places that offer the activity.

He said the consensus is to have these courses away from the general public.

“The manager at Darien Lakes State Park said they have it on trails that aren’t used much,” Bialkowski said. “And the discs aren’t Frisbees; they’re special discs for different uses – short range, long range. If you get hit by one, it’s going to sting.”

He also said courses should be equipped with trash cans and some need additional landscaping to make them work.

“The manager at Lincoln Park said they have an 18-hole course that used 16 to 20 acres and it works out pretty well, except for one part that is near a picnic area,” he said.

Bialkowski explained that Batavia’s smaller neighborhood parks may be able to support a disc golf course, but noted that baseball and other athletic fields have taken space that previously was used for walking and hiking.

GCC COULD BE A POSSIBLE SITE

As far as Centennial Park is concerned, he said citizens have spoken, they enjoy the park as it is and Council has rendered its decision.

“Being an at-large councilman, I represent all of the citizens of the city,” he said. “We have to do our homework. I’m disappointed that Mr. Boyd isn’t satisfied with our process, but that’s the way it is.”

Jankowski said that he heard there was movement toward putting a disc golf course at Genesee Community College and encouraged Boyd to look into that as well as other possibilities.

“There might be better options out there and I find it interesting that he is so focused on one area and not any other opportunities that might be even better,” he said. “Let’s look into it.”

Boyd, in response, said he is aware of a course proposed for GCC and is assisting those who are spearheading that effort as well.

"They were having problems with finding funding and I’m now working with them to get the funding and quotes for the baskets, tee pads and signs with the people I have connections with," Boyd said, adding that it opens up the prospect of having disc golf courses in both the town and city. 

Previously: Residents speak out against disc golf at Centennial Park

Photo at top: Phillip Boyd, wearing his disc golf jersey, displays his plans for a course that he hopes will find its way to the City of Batavia. Photo at bottom: The course that he designed for his preferred destination -- Centennial Park, which has been removed from consideration by City Council. Photos by Mike Pettinella.

The president of the Western New York Disc Golf Club LLC said the sport -- in the same manner as bowling, walking, bicycling and swimming – is an activity for people of all ages and skill levels.

“The great thing about disc golf is that anybody can go out and play it. You don’t have to be the college athlete; you can do it for exercise, to have some fun with your friends or you can get into the competitive side of it. It has different functions for different people,” said Jeremy Hoeltke, of Grand Island.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree criminal contempt and trespass. He was arrested July 15 for allegedly violating a stay away order of protection and arraigned in Pembroke Town Court. It is alleged that at 7:42 a.m. on July 10 on Gabbey Road that Leroy violated the order of protection by speaking to his neighbor and trespassing on his property. He was released after arraignment under supervision of Genesee Justice and is due back in Pembroke Town Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy James Stack.

Tracy Marie Pocobello, 48, of Akron Road, Pembroke, is charged with third-degree criminal mischief. At 11:45 p.m. on July 15, she was arrested. It is alleged that at 8:05 p.m. on June 29, she intentionally damaged property belonging to another person. Pocobello was released with an appearance ticket for Pembroke Town Court on Aug. 5. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Kyle Krzemien.

Amanda Marie Bowles, 35, of West Main Street Road, Batavia, is charged with fourth-degree grand larceny. On July 14 at 4:56 a.m. Bowles was arrested in connection with an incident that occurred at 1 p.m. on July 11 on West Main Street Road in Batavia. She was issued appearance tickets and is due in Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Jonathan Dimmig.

Photo: Genesee County and Town of Batavia crews are working to replace culverts along South Main Street Road and Wortendyke Road – a project that is expected to take about six weeks.

During that time, the South Main Street Road will be closed to motorists heading west about three-quarters of a mile from the Wortendyke Road intersection and at the intersection for those traveling on Wortendyke Road.

Photo by Mike Pettinella.

Town of Batavia zoning officials are putting Borrego Solar System LLC on notice to replace the dead trees and come up with an approved planting/seeding plan in the wake of insufficient screening around solar farms on West Main Street Road and Batavia-Elba Townline Road.

Daniel Lang, building inspector and zoning officer, today said his department is conducting walk-throughs at a pair of side-by-side solar arrays at 3104 and 3232 W. Main Street Road and another at 5230 Batavia-Elba Townline Road.

“We’ve got a lot of trees at those sites that are browned out and dead that the developer (Borrego Solar) needs to replace prior to issuing any certificate of compliance,” Lang said.

“Plus, they still have to get all of their planting and seeding plans approved by (Genesee County) Soil & Water (Conservation District). We need to make sure the seeding mixture will take and grow underneath all of the panels.”

The solar panels are on the property of Fred Bowman and Mary Anne Forgie (West Main Street Road) and Daniel Underhill (Batavia-Elba Townline Road).

Lang said he has talked to developers of all solar farms in the town about the need to have proper screening.

“We’re going to keep moving forward with this,” he added.

Photo: View of solar panels on West Main Street Road (Route 5), west of the Wortendyke Road intersection. Photo by Mike Pettinella.

Although the date is a bit late in the construction season, Buffalo developer Sam Savarino nonetheless is relieved that the New York State Office of Homes and Community Renewal finally has scheduled the financial closing for the Ellicott Station project.

Ellicott Station, part of the City of Batavia's $10 million Downtown Revitalization Initiative program, is the name given for the redevelopment of the former Soccio & Della Penna and Santy’s Tire Sales properties on Ellicott Street.

“On Thursday, the HCR board met and approved the closing date for October 15^th,” Savarino said this morning.

When asked if he was hoping for a summer date, he said yes, but quickly pivoted to a “here’s what comes next” mode.

“We’re making our plans to get going, so the day we close, we’re out there working,” he said. “I’m hoping that we get our remediation done in the fall, which is a big step for us. We’re planning to do that right now.”

The closing with HCR involves filing of the documents pertaining to the low-income housing tax credits and additional subsidies awarded to the project.

Savarino said the state agency is providing $1.2 million per year for 10 years in low-income housing tax credits – incentives that are tied to the developer securing an investor or investors to back the project.

As previously reported, the apartments are geared toward a mixed-use workforce with a $30,000 to $40,000 salary range for tenants.

HCR also has granted subsidies of around $5 million.

“We make what’s called a unified funding application with the state. The state assesses your request and they grant it,” he said. “You’re asking for the low-income housing tax credit (based on a formula) and you’re asking for additional subsidies that the state has to approve to aid those projects because the low-income housing tax credits are not enough. When you get the award, you get both of those.”

Savarino said he would like to get on the site prior to the closing date to start some of the abatement in anticipation of the demolition work, but that is subject to HCR approval.

He also confirmed a July 21^st closing date with the Genesee County Economic Development Center to finalize the tax exemption and Payment in Lieu of Taxes agreements.

The GCEDC Board of Directors approved nearly $3.7 million in benefits for the $22.4 million DRI project, which calls for renovation and construction of more than 72,000 square feet on 3.3 acres in the Brownfield Opportunity Area.

Plans include the development of 55 apartments as well as office, retail and entertainment space, leading to the creation of an estimated 30 full-time equivalent jobs.

Incentives from the industrial development agency include $850,000 in sales tax exemptions, $200,000 in mortgage tax exemptions, and $2,105,952 in property tax exemptions.

Additionally, the project will be receiving an estimated $529,492 in Batavia Pathway to Prosperity PILOT increment financing related to cleanup and site work investments on the targeted brownfield site.

GCEDC Marketing Director Jim Krencik said that the project will generate $6.10 for every $1 of public investment, including DRI funding.

Contacted this morning, Batavia City Council President Eugene Jankowski Jr. said, "Understanding the delays with COVID and various other funding delays, I'm glad to see that it's finally going to move forward. I think everybody in the community is glad to see that it finally is going to move forward."

Batavia Development Corp. President Lori Aratari could not be reached for comment.

Local professionals in the field of substance use prevention and treatment are applauding the New York State Office of Addiction Services and Supports launching of a new “Connections” campaign acknowledging the significance of social relationships in the fight against addiction.

On Tuesday, OASAS announced the start of a campaign that will run through the end of August designed to encourage those affected by addiction to use their connections to friends, family members, health professionals, and other organizations as a means to find help and support in their treatment and recovery.

Partial funding of the campaign is a result of an award to the state through the federal State Opioid Response grant.

“Staff here at Genesee/Orleans Council on Alcoholism and Substance Abuse are keenly aware that social connections with family and friends are vital for a person’s recovery,” said Shannon Ford, GCASA's director of Communications and Development. “When we had to close The Recovery Station to the public due to COVID, it was devastating.”

Ford was speaking about the facility at the former Bohn’s Restaurant on Clinton Street Road that serves as a social gathering place for those in recovery. With COVID-19 restrictions lifted, it since has reopened for programming on a regular basis.

“Now that it's open again, you can see how great of a resource it is. People are coming every day,” she said, adding that GCASA’s day-to-day support has continued at its residential treatment settings.

When talking about the prevention aspect of substance use education, Ford also mentioned the importance of family and peer connections.

“With so much isolation, people are more likely to cope by using alcohol or other drugs. Kids weren't able to see their friends or go to school. The lack of connection took its toll on the mental well-being of our community members,” she said.

Rosalie Mangino-Crandall, GCASA’s director of Project Innovation and Expansion, pointed to the summer camp in July and August being offered by the agency’s drop-in childcare center for clients.

“GCASA clients already could use the childcare center at no cost for up to three hours per day for any kind of GCASA appointment or service and with prior approval from the childcare supervisor,” she said.

Those activities, all critical to the recovery process, include mutual aid meetings, any other kind of healthcare appointment, court, accessing domestic violence or veterans services, Department of Social Services appointments and job interviews.

“During the mini-camp, clients can actually bring their kids to the center for up to three hours a day for any reason at all -- including just for the fun of attending the activities and being with other people,” Mangino-Crandall advised.

In a press release issued by OASAS, Lt. Gov. Kathy Hochul stated the “Connections” campaign “not only helps get the word out on lifesaving resources and services for New Yorkers who are battling addiction and substance use disorder, but is also a reminder that help is available to find a better and satisfying life.”

Campaign content will run online on social media and streaming audio. Public Service Announcements will also be seen on billboards, city buses, subways, and the Staten Island Ferry with messages addressing the importance of connections and personal well-being, in addition to focusing on opioid overdose prevention and the use of naloxone to save lives.

New Yorkers are also encouraged to focus on the value of connections and how they help to foster the best outcomes for overcoming addiction and finding a better and satisfying life.

The “Connections” campaign also raises awareness about the risks of overdoses due to the presence of fentanyl in other illicit substances. Fentanyl is a lethal opioid that has been detected in other illicit substances such as heroin, methamphetamine, cocaine, and ecstasy, which can result in overdoses and fatalities.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state’s toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369), or by texting HOPENY (Short Code 467369).

A Pembroke woman arrested earlier this year after more than 15 animals were found at her home on Akron Road in Pembroke in poor health entered a guilty plea in Pembroke Town Court to one count of animal abuse/failure to sustain under New York's Agriculture and Markets Law.

Lori Ann Adolf, 47, also entered a guilty plea to endangering the welfare of a child.

Both charges are Class A misdemeanors and could carry a maximum jail term of one year each, but under terms of the plea agreement, Adolf will likely be sentenced Oct. 13 to three years probation.

During those three years, Adolf cannot own, purchase, breed, or work with any animal of any kind.

The state does not have the authority to order her to own or keep animals for any period of time she's not on probation.

As part of the plea, Adolf also agreed to sign over six more dogs and two cats to the Genesee County Animal Shelter. Those animals are now available for adoption and as of yesterday had not been spoken for by any potential new owners.

Previously, Adolf had surrendered seven of the dogs to the shelter. 

Adolf will also be under the terms of a no-offensive-conduct order of protection in regard to the minor involved in the case.

She must also continue mental health and substance abuse care.

Previously:

• Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions
• Pembroke woman pleads not guilty to animal abuse charges, asks to keep 3 dogs and 2 cats
• Seven dogs going to new homes while criminal case against former owner remains pending

Photo: File photo of one of the dogs that had been in Adolf's care after being housed at the Animal Shelter for a few months.

And they’re off!

Well, not quite yet as opening night of harness horse racing at Batavia Downs is a week away, but the thought of having fans back at the Park Road facility is music to the ears of Live Racing Director/General Manager Todd Haight.

“Now that we’re past our COVID issues, I hope, we’re excited to get our fans back,” Haight said today in an interview with The Batavian.

The 59-date schedule at the venerable half-mile oval that opened 81 years ago kicks off on July 21 with a NY Sire Stakes card featuring 2-year-old filly trotters. Post time for the first race is 6 o’clock.

Haight (photo above) said horse racing isn’t the same without the cheers of the crowd as the competitors come down the home stretch.

“Last year, we went the entire season without any racing fans, except some in the clubhouse eating. However, our apron was bare for the whole year and I cannot tell you what a different feeling that it is -- not having fans here,” he offered.

“How quiet this apron was and how quiet the enclosed grandstand was. So, that’s the big thing: We can’t wait to see our fans, especially in July and August when we get tremendous crowds.”

Haight, who has worked at Batavia Downs since 1974 (he said retirement isn’t too far away), said he is excited about several promotions, including videos of live racing on the track’s YouTube channel, as well as a couple of new “jackpot” wagers.

LIVE RACES TO BE SHOWN ON YOUTUBE

“We’re going to show every race live on our Batavia Downs YouTube page. I think people are really going to enjoy that,” he said. “We always get asked how can we watch the races, so now you can come here and watch them or go to an OTB (Off-Track Betting parlor) and watch and also on Batavia Bets (the Downs’ interactive online wagering platform).”

He also revealed that the Downs’ website will feature the daily racing programs for the entire season.

“This is more for the people that aren’t able to come to the track. Those who come to the track are still going to buy a program, and there’s a $5 free play (to the casino) in it, so you spend $2 and you get $5 back.”

Downs’ officials are placing a priority on building their simulcasting network, Haight said, adding that more access to the races through simulcasts at other racetracks, OTB locations and other online wagering platforms is key to reaching his goal of topping last season’s record handle.

“We know that when we’re able to put up a couple of program pages (on the website) when we have a guaranteed pool, we see a bigger handle,” he said. “I think by putting the entire card on every night, we’re going to see a difference in our wagering pools – be it our win pools or trifecta pools.”

GAMING COMMISSION ADDS JACKPOT BETS

Over the winter, the New York State Gaming Commission approved two new wagers -- Jackpot Pick Six and the Jackpot Super High Five.

“These are new to New York and us, although they are not new to other parts of the country,” Haight said. “We’ve seen tremendous pools at tracks – up to $200,000 -- that have been allowed to take these bets.”

He explained how they work:

Jackpot Pick Six – The bettor has to pick the winners of races six through 11, and the bet is only 20 cents.

“To win the jackpot portion you have to have the only ticket. If there’s more than one ticket, the jackpot portion of the pool carries over to the next day. So, as the favorites win over 40 percent of the time at harness tracks, it’s not easy to have the only ticket,” Haight explained.

“If more than one winner, those bettors will win something, but the jackpot segment of the pool carries over. We could see pools here that we’ve never seen since WROTB (Western Regional Off-Track Betting) purchased the track in 1998 and reopened in 2002.”

Jackpot Super High Five – Calling it “the superfecta on steroids,” Haight said the bettor has to pick the first five horses in the last race of the night (which will have nine horses instead of the usual eight).

“Again, that makes it a little bit tougher to win, and the jackpot carries over with this bet as well,” he said.

PROMO TIE-INS WITH THE CASINO

Haight said the track is big on promotional links with Batavia Downs Gaming.

“I don’t see any other tracks doing that,” he said. “We have a match play promotion where if you wager $25 on the horses, you go up to the gaming window and they give you $25 in free play. You have to earn five points to get that offer.”

He also mentioned an early bird daily double where those who wager $10 on the early double receive $10 back in free play. And, again, all of the racing programs come with a $5 free play to the gaming floor, and programs are free on opening night.

“We integrate as much as possible,” he said. “Even in the clubhouse, you purchase an entrée and we give you $10 back in free play.”

The Downs once again plans to operate in conjunction with the Breeders Cup, which is set for 3:15 p.m. on Saturday, Nov. 6.

“The Breeders Cup is in California so it’s a little bit later start for us on the East Coast,” Haight said. “What we do is run two live races here in between each race of the Breeders Cup, which usually are run every 45 minutes. All told, I think there are nine Cup races and there will be about 11 races here.”

HORSE NUMBERS DOWN, PURSES UP

The Western New York Harness Horsemen’s Association, led by Administrative Director Bruce Tubin, continues its longstanding connection to Batavia Downs. WNYHHA drivers and trainers will be wrapping up their season at Buffalo Raceway this Saturday.

“We have a great relationship with the horsemen,” said Haight, noting that purses, race dates and other matters are subject to negotiation with the union.

He said that purses are going up by 10 percent this year to start the season and he anticipates another 10-percent increase in September or October due to record numbers being generated at the casino.

“We’ve had three $20 million weeks in a row. The better the casino does, the better for the horsemen. Creates more purse money,” he said.

With only 153 horses expected to be stabled at the track, Haight said he’s figuring on 10 or 11 races (all are set at a mile) per card – a couple less than what he would like to see.

As far as leading horses and drivers, he said that Black is Back, the No. 1 horse over the past two years, is expected to return. Top drivers include Drew Monti, Dave McKnight III, Ray Fisher and Billy Davis, while successful trainers include Jerry Sarama and Jack Rice.

HAIGHT: TRACK IS IN TIP-TOP SHAPE

The racing director said 1,100 tons of new stone dust has been applied to the track and the turns have been banked again, resulting in excellent conditions this season.

“We also put the passing lane back in this year,” Haight said. “Some people like it and some people hate it. It does change the style of racing a little bit.”

The passing lane is the inside lane of the track, which provides a route to keep horses from getting boxed in as much, he said. “I’ve got mixed feelings on it but the horsemen seem to want it."

Haight said his crew is doing a “great job to get us ready.”

“It’s a total team effort. A lot has to be done to get a track ready to race; we’re painting the tote board, trimming bushes, and have been working on the track and paddock since April.

Batavia Downs is one of seven harness tracks in the state. The others are Buffalo, Tioga, Vernon, Saratoga, Yonkers and Monticello.

SCHEDULE INCLUDES SOME MATINEES

The complete Batavia Downs racing schedule for 2021 is as follows:

Night, 6 p.m. – July 21, 24, 31; Aug. 7, 14, 21, 28.

Twilight, 5 p.m. – July 26, 28; Aug. 4, 11, 18, 25; Sept. 3, 4, 10, 11, 15, 17, 18, 22, 24, 25, 29; Oct. 1, 2, 6, 8, 9, 13, 15, 16, 20, 22, 23, 27, 29, 30; Nov. 3, 5, 10, 12, 13, 17, 20, 24, 27; Dec. 1, 4, 8, 11.

Matinee, 1:15 p.m. – July 25; Aug. 1, 8, 15, 22, 29; Sept. 6 (Labor Day).

Breeders Cup, 3:15 p.m. – Nov. 6.

The Downs will host NY Sire Stakes races on three consecutive Wednesdays – July 21 (2-year-old filly trotters), July 28 (3-year-old colt pacers and 3-year-old colt trotters) and Aug. 4 (2-year-old colt trotters).

Clyde Davonta Hoskins Jr., 29, of Genesee Street, Buffalo, is charged with: criminal possession of a weapon in the second degree -- a loaded firearm; criminal possession of a stolen property in the fourth degree -- a firearm; and tampering with physical evidence. On Tuesday, July 13, Hoskins was arrested after an investigation into a loaded pistol being located in a chicken coop at midnight on Aug. 8, 2020 on Route 237 in the Town of Stafford. He was arraigned in Stafford Town Court at 1:20 p.m. yesterday and released under supervision of Genesee Justice. He is due to return to Stafford Town Court on Aug. 12. The case was investigated by Genesee County Sheriff's Investigator Kevin P. Forsyth.

Brian Michael Raphael, 33, of East Main Road, Batavia, is charged with petit larceny. At 3:45 p.m. on July 12, Raphael was arrested after being located by Genesee County Sheriff's deputies after fleeing Walmart. He allegedly stole merchandise from the store. He was processed at the jail and released on an appearance ticket. He is due in Town of Batavia Court on July 20. The case was handled by Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Representatives of the City of Batavia Police Department, Genesee County Health Department, Genesee/Orleans Council on Alcoholism and Substance Abuse and Greater Rochester Health Foundation and the home office of the nationwide Police Assisted Addiction & Recovery Initiative offered their congratulations and support to the City of Batavia Fire Department on becoming the first fire agency in New York State to participate in the program.

Allie Hunter, executive director of PAARI, was the keynote speaker, traveling from her Boston area office to the Batavia FD headquarters to address about 45 people in attendance at the kickoff event (which was planned for last spring but canceled due to COVID-19).

Other speakers were Batavia PD Assistant Chief Chris Camp, Public Health Director Paul Pettit, GCASA Executive Director John Bennett, GCASA Peer Recovery Coach Melissa Vinyard and GRHF Senior Program Officer Monica Brown.

Vinyard gave a moving testimony of her road back from addiction to become someone who now supports others seeking help.

Greg Ireland, Batavia FD captain, provided the welcome while Christen Ferraro, coordinator of the GOW Opioid Task Force, a driver of the program, delivered closing remarks.

Known locally as Public Safety Assisted Addiction & Recovery Initiative, due to the fire department’s involvement, the program provides support and resources to help law enforcement agencies nationwide create non-arrest pathways to treatment and recovery.

The video created by Howard Owens, publisher of The Batavian, captures the full scope of PAARI – its origins, mission, outreach and impact it has had upon the lives of those struggling with substance use disorders and in need of recovery.

Wade Jared Murphy, 48, of Francher Road, Clarendon, is charged with: second-degree strangulation; first-degree unlawful imprisonment; and third-degree assault. At 5:35 p.m. on July 12, Genesee County Sheriff's Deputies responded to Sunset Parkway in the Town of Oakfield for a reported physical altercation. After an investigation, Murphy was arrested. The parolee allegedly held a female against her will and strangled her. He was arraigned in Oakfield Town Court and put in GC Jail without bail. Murphy is due in GC Court at a later date, unspecified. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Nicholas Chamoun.

Mathew W. Ianiro, 26, of Le Roy, is charged with: driving while intoxicated; felony aggravated unlicensed operation of a motor vehicle; reckless driving; speeding over 55 mph; operation in violation of conditional license; consumption of alcohol in a motor vehicle; and consumption of cannabis in a motor vehicle. A traffic complaint led to Ianiro's arrest on July 9 in the Town of Warsaw. It is alleged he had been forcing other vehicles off the roadway. Wyoming County Sheriff's deputies responded to a report of an erratically driven vehicle that had just entered Route 19 in the Town of Covington. Deputies intercepted the vehicle on Saltvale Road at Burke Hill Road in Warsaw. Following a traffic stop, Ianiro  was found to be the operator and sole occupant. He was also allegedly found to have open bottles of liquor and concentrated cannabis inside his vehicle and it is alleged he exhibited signs of alcohol impairment. The driver was also found to have a NYS Conditional Driver's License from 2020 that was suspended for driving while ability impaired by alcohol. It is alleged he performed poorly on field sobriety tests and he was taken into custody when his vehicle was towed from the scene. He was transported to the Wyoming County Sheriff's Office for a chemical breath analysis. He was arraigned in Warsaw Town Court and his driver's license was suspended. Ianiro was released on his own recognizance in compliance with NYS Bail Reform. The defendant is due back in Warsaw court July 26.

Parker E. Payton, 22, of Pavilion, was arrested July 8 after a traffic stop on Wallace Road in the Town of Covington for having a revoked driver's license. Deputies familiar with Payton stopped him after observing him driving. He has two active revocations and two active suspensions, one of them a revocation due to a conviction for driving while ability impaired by drugs. Payton was arrested roadside and issued an appearance ticket for the charges of: aggravated unlicensed operation in the second degree; aggravated unlicensed operation in the third degree; and unlicensed operation. Payton is due in Town of Covington Court July 26.

A frequent contributor to the Batavia City Council scene is suggesting that a package deal combining the current Batavia Police Department headquarters and Genesee County Jail parcels may be the ticket to attracting a potential developer in light of the city’s intention to build a new police station at Alva Place and Bank Street.

City resident John Roach, during the public comments portion of the board’s Conference Meeting on Monday night at the City Centre, asked if anyone was talking to Genesee County leaders about their plan for the jail at the corner of West Main Street and Porter Avenue.

The county is exploring its options as it faces a state mandate to build a new jail, with a site near County Building 2 on West Main Street Road as the proposed location.

“You might get a better deal as a combined parcel,” Roach said. “Find out what they’re going to do and it could have an impact on what to do with the Brisbane building.”

The Brisbane building that he referred to is the former Brisbane Mansion at 10 W. Main St. that sits next door to the county jail. That building -- which may be eligible for classification as a historic landmark -- has housed city police for many years but has deteriorated considerably.

City Manager Rachael Tabelski, responding to Roach’s inquiry, said she thought it was a “great idea to speak with the county and understand their plans.”

“The front of the jail is certainly an amazing historic building that I hope would be preserved by the county through their transition, but I believe it hosts Genesee Justice and I don’t want to speak for the county and I’m not sure what they’re actually planning,” she said.

Tabelski also said she wasn’t sure if the timelines for a new county jail and new city police station would line up, but it was something worth looking into.

She pointed out the drawbacks with the Brisbane Mansion, notably that there is no American with Disabilities Act accessibility and there are problems with the layout that hinder the ability of the force to conduct day-to-day business.

“We went over the presentation two meetings ago and we looked at the timeline. The city has been wanting to address this for over 20 years,” she said. “We’ve come forward with a proposal and a feasibility study to use the parking lot at Alva and Bank Street.”

The city manager underscored the importance of finding a “reuse” for the building, adding that the city has no intention of moving staff into that structure.

“So, we’d like to pursue a path where we put it out for RFP to a developer to take that on and bring that on to the tax rolls,” she advised. “To do that in the best manner possible, you want to make your property attractive to the marketplace and by understanding all of the historical elements inside the building, and having technical assistance reports done of the structure itself and the historical elements …”

For those reasons, she forwarded a resolution – which was later passed by Council – to allow the Batavia Development Corp. to apply for a 2021 Consolidated Funding grant under the New York Main Street technical assistance program.

“I think it is City Council’s wish and I know it is the certainly the wish of many in our community to preserve that building as a historical element in our downtown,” she said. “… if (the grant is) awarded, we would go ahead and do that study. We had a plan to reuse the building at the time we move the police department.”

Tabelski said that the grant-funded study would uncover whether the building would qualify as a historic landmark.

If so, that could open the door for a NY Main Street grant, which the city has been successful in obtaining for the Eli Fish Brewing Co. building on Main Street and Theater 56 at the City Centre.

On another topic, Roach asked about the status of a road project to rehabilitate Harvester and Richmond avenues, which is scheduled for the summer of 2022.

Maintenance Supervisor Ray Tourt said it is currently in the design phase.

In May 2020, City Council appointed the engineering firm of T.Y. Lin International Group of Rochester to provide preliminary and advanced designs with the expectation that they would be completed by the summer of this year.

T.Y. Lin International Group was involved in the city’s Walnut Street Reconstruction Project, the Ellicott Street streetscape project and all of the Batavia Downtown Business Improvement District streetscape initiatives.

Batavian Robert Radley, PE, is the company’s senior vice president and U.S. East Region director.

Plans call for renovation of Richmond Avenue from State Street to Oak Street and for the entire length of Harvester Avenue (from East Main Street to Ellicott Street). City officials previously reported that 95 percent of the $2 million project will be covered by CHIPS (Consolidated Local Street and Highway Improvement Program) and Marchiselli Funding* streams.

Tabelski also reported that Jill Wiedrick, the new assistant city manager, will be starting on July 21, and the city is advertising for a permanent Department of Public Works director.

*Given the significant backlog of preservation, rehabilitation and replacement of transportation infrastructure needs that exist at the local level, NYSDOT has initiated a process with metropolitan planning areas and municipalities to revise and align local transportation planning and project selection processes with engineering and economic-based preservation strategies. As part of this initiative, NYSDOT will provide priority consideration for State matching funds, under the Marchiselli program, to federal-aid projects that embrace the Department’s asset management based preservation strategy. Municipally sponsored federal-aid projects considered to be beyond preservation treatments may be considered for Marchiselli funding on a case by case basis. Municipal requests for projects that are considered beyond preservation will be reviewed by NYSDOT’s Comprehensive Program Team (CPT).

Photo at top: Batavia Police Department station (former Brisbane Mansion); Photo at bottom: Front of Genesee County Jail, which currently houses Genesee Justice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The amended strategy currently boils down to two options:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other agenda items:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From the DEC:

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

From the DOT:

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

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

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

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

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

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

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

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

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

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

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

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

In one incident he took pity on the trespassers.

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

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

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

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

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

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

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

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

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

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

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

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

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

Schneider said he has had similar thoughts.

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

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

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

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

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

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

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

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

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

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

OR

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

SEEKING THE STATE’S HELP

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

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

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

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

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

ALL IN ONE BASKET?

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

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

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

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

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

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

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

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

A NEW SALES TAX AGREEMENT

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

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

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

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

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

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

HOW WILL IT WORK?

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

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

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

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

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

HOW MUCH WILL BE DISTRIBUTED?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Photo: Aerial photo from the project proposal application.