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Genesee County Manager Matt Landers on Friday applauded the New York State Legislature for passing measures that will give county leaders across the state additional flexibility – leading to a lessening of the tax burden upon its residents.

“The legislation that recently passed the Assembly and Senate are definite wins for counties throughout New York and the citizens of Genesee County and New York State,” Landers said. “We are hopeful the governor will sign the legislation.”

When and if they are signed into law by Gov. Andrew Cuomo, these pieces of legislation will touch on several areas that directly affect how counties run their operations, Landers said.

He singled out three of the bills that passed both houses of the legislature in the final days of the 2021 session:

• Expands Investment Options for Counties to provide similar options as those available to New York City under current law and help maximize returns for taxpayers.

“This passed legislation will allow counties to maximize their monies in reserve by earning a higher rate of interest,” Landers said.

• Creates an AIM Redesign Task Force to analyze and recommend available alternatives to the current AIM formula and allocations, including models from other states.

“The creation of an Aid and Incentives for Municipalities design task force is certainly welcome, because simply shifting the state’s responsibility to fund local governments onto counties is not working and is not sustainable,” Landers said.

• Extends the Countywide Shared Services Initiative for an additional three years and enhances flexibility within the program to encourage more participation.

“This legislation providing for an additional three years of incentives for shared service initiatives is very welcome news in Genesee County as we are always looking for ways to partner with local governments to deliver services in more efficient ways,” Landers offered.

Other county priorities that were passed by the Assembly and Senate were the creation of an early intervention covered lives assessment fee on commercial insurance to help fund services for infants with special needs, and raising of the age of juvenile delinquent offenses from 7 to 12, keeping very young children out of the criminal justice system.

The latter, according to the New York State Association of Counties, helps to address racial disparities in the justice system, and allows tax dollars to be better spent on programs that are developmentally appropriate for young children.

NYSAC President Jack Marren commended lawmakers for being sensitive to what county governments have gone through.

“Over the last year we’ve seen how vital it is to have strong local governments that can respond to unforeseen emergencies and provide essential services to residents when it matters most,” Marren said. “Counties applaud Speaker Heastie, Majority Leader Stewart-Cousins and the state lawmakers who fought to provide counties with the resources and flexibility we need to support the programs at the local level.”

NYSAC Executive Director Stephen J. Acquario called upon Cuomo to put his signature to the paper.

“I’m hopeful that we can build on the progress made during this session and carry that momentum into next year, but first we need Governor Cuomo to sign these bills into law so that counties can get to work building effective and sustainable local governments.”

Press release:

Genesee County reporting seven new positive cases of COVID-19.

• The individuals are in their 20s, 40s, 60s and 70s. 
• One of the current positive individuals is hospitalized.
• Seven of the previous positive individuals have completed their 10-day isolation and have been removed from mandatory isolation.

Orleans County reporting two new positive cases of COVID-19.  

• The individuals are in their 40s and 70s.
• Zero of the current positive individuals are hospitalized.
• Two of the previous positive individuals have completed their 10-day isolation and have been removed from mandatory isolation.

Today's COVID-19 update from the Health Department including the following notice:

Today is our last scheduled biweekly press briefing for the Genesee and Orleans County Health Departments due to the lower new COVID cases for both counties.

Although we will not be doing the biweekly media push, please note we will continue to report our numbers via our website at a minimum of twice per week (GOHealthNY.org), on our social media platforms, and via the Genesee-Orleans-Wyoming COVID-19 Case and Vaccination Tracker (which updates Monday through Friday, except holidays).

For regular updates related to GO Health COVID-19 Data, please visit our GO Health website at www.GOHealthNY.org and choose Emerging Issues. There you will find: the data chart as on our regular briefing; links to the Genesee-Orleans-Wyoming COVID Tracking Map; NY Forward for state updates; The Finger Lakes Vaccine Hub for updated data on GO Health vaccination; as well as links for vaccination and testing clinics.

Also keep an eye on our social media platforms: Facebook, Twitter and Instagram (GOHealthNY is our user name for all three) as we will regularly post updates.

From submitted statements; file photo:

Stefano Napolitano, chief of the City of Batavia Fire Department, has accepted a new job as deputy state fire administrator and officially starts in mid-July.

Today's announcement from the state's Office of Fire Prevention and Control says Napolitano will bring a wealth of experience to the office, including both career and fire service, county emergency management, and as a State Fire Instructor.

He has degrees in mechanical engineering, fire protection technology, and a Master of Science degree in Executive Fire Science Leadership.

“I would like to congratulate Fire Chief Napolitano for his leadership and dedication to the City of Batavia Fire Department over the last four years," said City Manager Rachael Tabelski.

"It was a pleasure to work with the Chief and I wish him great success in his new role as Deputy State Fire Administrator with the Office of Fire Prevention and Control (OFPC), part of the Division of Homeland Security and Emergency Services (DHSES).

"Chief Napolitano will continue to serve the City of Batavia until Friday July 9th. At such time an Interim Chief will be named. Please join me in congratulating him in his new role as a Deputy State Fire Administrator. "

City fire officers also congratulated the chief in a written statement, saying "Chief Napolitano has been an asset to the City Fire Department since being appointed in 2017. We wish him continued success and look forward to working with him in his new position."

Chief Napolitano is a Queens native who lived in the Mohawk Valley for about 45 of his 54 years.

Before coming to Batavia, Napolitano was deputy fire chief for the Village of Herkimer. While there, he assisted in development, revision and implementation of local disaster and emergency management plans, along with assisting in the county 9-1-1 dispatch communication center and the administration of the county’s mutual aid plan, mutual aid radio system and state fire training.

A Lake Street Road (Route 19) resident has come out against the proposed rezoning of seven parcels of land meant to expand the Le Roy Food & Tech Park, claiming that changing it from Residential to Industrial contradicts the Town of Le Roy’s Comprehensive Plan and will prevent him from “the intended use and enjoyment” of his property.

Eric Baines Jr., speaking at Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing, said that in November he bought what is known as the Olmsted Manor, a 2,900-square-foot colonial house that is near the 75-acre industrial park on Route 19 and Randall Road owned by the Genesee County Economic Development Center.

He said he did not favor a referral submitted to the planning board by the Town of Le Roy to rezone seven parcels totaling about 185 acres to possibly set the stage for a cheese manufacturer, specifically the Ohio-based Great Lakes Cheese, to build a $500 million plant on land adjacent to the park.

Reportedly, Great Lakes Cheese officials have contacted landowners with purchase offers to expand the park to meet the company’s needs.

“At the time when we did our research, the 2017 published Town Comprehensive Plan said that the current use map did not reflect Industrial zoning as well as the future map does not show Industrial zoning surrounding – they’re both Agricultural,” Raines said. “Given that both maps reflect that, we (he and his girlfriend) made the decision to buy this house.”

Looking to Upgrade the Property

Raines said that “use and enjoyment of our land (14 acres) will be jeopardized by this rezoning as we intend fix up the place.”

“This is an historical house, which we’re proud to own … in an historic district in Le Roy,” he said. “We wanted to grow our own food here and largely be independent. To say we are against the industrialization of the agricultural land behind this is not to just push it behind me and go somewhere else.

“We are opposed to it, in general, as to be reflected by the vegetable garden we put in almost immediately. If anybody goes by on Route 19, I am sure you have seen that the place has not been taken care of over the past 50 years, but it is now because we’re here.”

Raines said his plans for the property include recreational hunting, expanding his garden and putting up bat houses to keep the ecosystem healthy.

“This (rezoning and siting of the cheese factory) will trigger a laundry list of chain events that will prohibit any of what we hope to do,” he said.

Responding to a question from Planning Board Member Eric Biscaro, Raines said his property extends right to the line proposed for the cheese plant. He then brought up issues of smell and noise.

“For a $500 million plant, to say there won’t be noise (is not true),” he said. “The electromagnetic radiation alone coming from this plant is going be astronomical, and not something that we had any intention of being surrounded by.”

He said this action does not seem fair, believing that the comprehensive plan serves as a land use document governed by state law and is good through 2029.

Board Only Looking at Rezoning Referral

County Planning Director Felipe Oltramari said that last night’s referral only addresses the rezoning change, not the proposed cheese manufacturing plant.

“The planning board is only considering a rezoning request, which can be made with or without a project,” he said. “If it does get rezoned and a project does come to fruition, we will be reviewing all environmental impacts, including odor and noise, lighting, anything you may think of as part of that project, which would be a separate referral.”

Oltramari sought to clarify the zoning procedure, stating that the comprehensive plan and future land use maps serve as “guidance” but do not restrict municipalities or draw specific boundaries for rezoning.

“You have points that are definitely valid,” he said in response to Raines. “It’s just I wouldn’t go as far as saying that because that area is (zoned) Agriculture, that it should stay Agriculture until 2029. In theory, actually, the town board could amend the future land use plan … through a public process … before 2029 and completely overhaul the comprehensive plan in two years or something like that.”

Raines contended that neighbors who own a horse farm would be “stripped of their horse pasture if this goes through,” and mentioned that he heard talk of eminent domain, which is the right of a government or its agent to expropriate private property for public use, with payment of compensation.

He also said some of his other neighbors are against rezoning and the potential 480,000-square-foot manufacturing plant.

Masse: No Talk of Eminent Domain

Mark Masse, GCEDC senior vice president of Operations, quickly disputed the eminent domain claim, stating that the agency’s board of directors will not participate in that process.

“We have not done it, we have not proposed it, we have never brought it up, and we have never spoken about it,” he said.

Planning Board Member Bob Bennett, referring to eminent domain, noted that GCEDC won’t be the owners of the properties on track to be rezoned.

Contacted this morning, Le Roy Town Supervisor Jim Farnholz disputed the eminent domain claim – “a private entity can not move forward on eminent domain,” he said – and that to his knowledge, “there has been no resistance whatsoever from landowners who have been approached (by Great Lakes Cheese.”

“I know that some of the neighbors have sold significant property to Great Lakes Cheese and that the Falcone Funeral Home is no part of this since they operate under a special use permit in an R-2 zone,” he said. “In fact, changing to an I-2 zone would give him a sense of security for his business.”

Farnholz also mentioned that Raines has a 12-acre buffer behind his house “that is completely grown in, so he wouldn’t see the project” and that all odor, noise and wastewater issues have to meet New York State Department of Environmental Conservation standards.

Le Roy Planners to Meet on Tuesday

The supervisor said that the Le Roy Planning Board will address the issue next Tuesday and that the town board has scheduled a public hearing on the matter for July 8.

As far as the county planning board, it took no action as a motion to approve the rezoning referral died for a lack of second, and a subsequent motion for disapproval did not gain the necessary five votes.

Oltramari said it now goes back to the Town of Le Roy, which can act without a recommendation from county planners.

The planning department had recommended approval since the comprehensive plan adopted by the Town of Le Roy in 2017 identifies this area in its Future Land Use Plan as Agriculture and adjacent to Industrial. Thus, Oltramari wrote, it can be argued that rezoning the property to an industrial use that supports agriculture is consistent with the plan should pose no significant countywide or intercommunity impact.

Earlier in the meeting, Masse said his view was that the town was “trying to be proactive – trying to be ahead a little bit.”

“Obviously, our board approved a purchase and sale agreement for one business (BioWorks Inc., of Victor) at the Le Roy Food & Tech Park that’s existing there – to take 60 of the 75 acres. I think the town is seeing that hopefully will be successful and is trying to be proactive by rezoning some of the other parcels there to help grow that,” he said.

Prospective Company Talking to Landowners

Masse said GCEDC wouldn’t be purchasing the other parcels to be rezoned.

“At this point in time, the companies that have been interested in it have been talking – we put them directly in touch with the property owners,” he said.

He added that BioWorks would be looking at West Bergen Road and Route 19 as entrances and exits.

Bennett mentioned that if the cheese factory was to come in with 500 jobs, “that’s a lot of traffic to come out to West Bergen Road and Route 19.”

“If a company were to locate there, on those back parcels, they would probably come in off of (Route) 19 – that would be the main traffic,” Masse replied. “That would be a shared entrance for our park as well as those back parcels. And that’s going to be driven by the Department of Transportation as well, whether there would be any improvements required there or not.”

Masse said BioWorks is creating 30 jobs but has yet to apply for (tax) incentives.

“Their truck traffic would be like FedEx and UPS delivery trucks,” he said. “It wouldn’t be anything heavy, and from a water standpoint, that particular project plans on recycling all rainwater … and will have very little to no municipal use.”

He added that GCEDC is looking at different options to supply natural gas to the property.

Zoning map at top shows the current zoning, left, and the proposed zoning -- changing the parcels in yellow (Residential) to light purple (Industrial) next to the Le Roy Food & Tech Park.

The extrication process to remove the injured driver of a tanker truck this afternoon in Alexander was extensive and difficult, according to Tim Yaeger, Genesee County Emergency Services coordinator. The trucker was hauling 60,000 pounds of milk when it rolled over into a wet ditch filled with cattails.

Shortly before noon, Alexander Fire Department was dispatched to 11181 Chaddock Road in Alexander, between Spring Road and the Wyoming County line. The male driver remained conscious, alert and talking throughout but pinned in by the steering wheel, dashboard and a foot or more of earth that the semi-truck rammed into.

"They were both fighting against the vehicle that was damaged and pinning him, as well as working against the dirt where the truck ended up landing," Yaeger said.

The biggest obstacle was coming up with a plan.

"We train a lot for peeling away, and cutting away and spreading away metal. This was a little more complicated because he was trapped by earth as well as metal. So it was a difficulty and just time-consuming."

Asked if groundwater seeping into the cab posed a danger to the trapped driver, Yaeger said no, the concern here, as in any vehicle accident, was the hazard of fire.

He said a lot of equipment was called to the scene. The Alexander fire chief wanted to make sure they had all the resources they needed. More manpower was warranted because of the heat and humidity.

Mercy medics responded along with Attica and their extrication equipment, Bethany, Town of Batavia, Elba's rescue truck, the Department of Environmental Conservation, and the county Hazmat Spill Response Team. Stafford fire filled in at Alexander's fire hall.

It took more than an hour to extricate the driver, who was ​transported by Mercy EMS to ECMC. Although Mercy Flight landed in an adjacent cornfield to transport the patient, it was unable to do so because of a mechanical issue involving the equipment to secure the gurney; so the aircraft returned to the hangar.

He said the spill was significant and included oil and hydraulic fluid in addition to the milk in the tanker; no fuel was seen.

It is “fairly contained.”

A heavy rescue team will offload unspilt product onto another truck to facilitate uprighting the damaged vehicle.

The process will take a couple of hours, possibly up to four hours.

The accident occurred by a curve, but Yaeger could not speculate about what caused the accident, which is under investigation.

"Members and firefighters, medics from several agencies, along with law enforcement worked to get the patient out safely," Yaeger said. “It’s all hands on deck, we’re going to give everything that we could. And they did a fantastic job working as a team.”

Photos and audio of Tim Yaeger courtesy of Alecia Kaus / Video News Service.

Previously: Driver pinned in after rollover on Chaddock Road, Alexander

UPDATE: Reader-submitted photos.

A proposal by a Lovers Lane Road couple to construct a multiunit senior housing complex off Route 33 (Pearl Street Road) about 1.2 miles west of the City of Batavia limits is back in the news again – four and a half years after it was introduced to the Batavia Town Planning Board.

David and Katie Ficarella, owners of 120-plus acres in the vicinity of their home, said they have the financing in place to build the $17 million, 80-unit Hickory Ridge Estates.

“It’s been a long time coming,” David Ficarella said. “We have some good people on our team and I think it’s going to go very well.”

Ficarella’s team includes Lazarus Industries of Buffalo, the general contractor, and Schenne & Associates of East Aurora, the engineering firm.

The development will feature 40 duplex houses, each of about 1,500 square feet – including a one-car garage – with two bedrooms, two bathrooms and high-end fixtures and appliances. The site also will include a pond and various trees.

“We want to keep as much of the natural landscape as possible,” they said.

The units will be rented at a market rate to be determined.

The complex, open to residents age 55 and older, will sit on about 21 acres on the north side of Route 33, across from Donahue Road, and stretching west along the state highway.

In November 2016, David Ficarella approached town planners with the idea – at that time a 110-unit senior residential site to be developed in conjunction with Calamar Enterprises of Wheatfield. That plan fell through, however, and he is back with something he believes is solid and, once again, is anticipating the town’s support.

“We’re hoping to meet with the town very soon,” he said, noting that he will have to run the proposal by Genesee County and town planners. “We have talked about adding some roads and possibly having an extension of the Ellicott Trail run through the property. We definitely are looking for the town’s feedback.”

Batavia Town Engineer Steve Mountain said that Ficarella needs to provide more information prior to submitting an application. From there, his proposal would be considered by the planning boards.

“It would have to go through a State Environmental Quality Review and likely would need awarding of a special use permit or planned unit development,” Mountain said. “Since it is in an agricultural-residential district, it would be allowed with a special use permit.”

Ficarella said he is working with Lazarus Industries on a construction schedule, and would like to have the first building up by August to serve as a model home.

“I have heard from at least 10 people about renting there,” he said. “The goal is to have them rented before we put the buildings up.”

The rising cost of construction materials has forced him to change his strategy as far as what goes into the frame of the homes.

“We would have started earlier but there’s been a 300-percent increase in construction materials. We had to regroup and go to cold-formed steel, which wasn’t a bad thing. We redesigned the prints and it’s coming together,” he said.

So, instead of 2-by-4 lumber in the walls, contractors will be installing cold-formed steel.

“They make the steel right there in Buffalo. Even the rafters, trusses and all that will be steel. Other than that, it’s the same house,” David Ficarella said.

This would be the first phase of a three-phase plan, he said. The other two phases are putting a second (similar but smaller) development on 30 acres to the north of Hickory Ridge Estates and then developing another 30 acres for single-family homes onto the new Donahue Road to an extension off Edgewood Drive.

Edgewood Drive is part of the McWethy development between Route 33 and South Main Street Road. Currently, it dead-ends at the west end.

Asked if he thought that would create a traffic issue on Edgewood, he said that wouldn’t be the case.

“There just aren’t enough people in there (his senior complex),” he said. “It would be beneficial to Edgewood and residents of other streets in that development who could exit onto Route 33 to go to Corfu or Buffalo. And it would create another entrance for emergency vehicles into the development.”

He also said he has an option to purchase more land toward South Main Street and would like to see a road connecting with South Main Street.

The Ficarellas have contacted the Genesee County Economic Development Center to inquire about tax abatements. They said the project will create two full-time and three part-time positions and 200 temporary construction jobs, and would place no additional tax burden on the two school districts involved (Pembroke and City of Batavia).

As far as the Ellicott Trail is concerned, Genesee County Planning Director Felipe Oltramari said an extension would be feasible, following the National Grid right-of-way that starts near Angelica Textile Services on Apollo Drive in the city and would follow along the north side of Hickory Ridge Estates.

Top photo: Overhead view of the location of the proposed Hickory Ridge Estates (the area in brown above the words Pearl Street Road). Bottom photo: Cleared parcel that sits behind trees on the north side of Pearl Street Road, across from Donahue Road. 

Charles Edward Allis Jr., 23, of Garland Street, Lyndonville, is charged with fifth-degree arson and trespass. Following the initial call for a structure fire at 5:57 p.m. June 8 on Ham Road in Alabama, Allis was arrested. He allegedly entered property without permission and started a fire. He was released on an appearance ticket and is due in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Tyler William Reeves, 23, of Main Road, Pembroke, is charged with second-degree criminal mischief. Reeves was arrested after an incident at 2:45 p.m. June 8 on Main Road in Pembroke. He was arraigned virtually in Bergen Town Court and released under supervision. He is due in Genesee County Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Sgt. Mathew Clor.

The reality that “once you’re in, you can never leave” has Le Roy Town and Village board members taking a cautious approach to any potential participation in the state’s new Marijuana Regulation & Taxation Act.

Officials from both governing bodies gathered with about a dozen residents at the Town Hall courtroom Monday night for what turned out to be a 30-minute discussion on the recently passed legislation that immediately permits the recreational use of marijuana for residents 21 years of age and older.

The MRTA also opens the door for retail dispensaries and onsite consumption spaces, which likely are a couple years away from implementation.

“Part of this that concerns me is that if you’re in, you’re in forever and you can’t opt out,” Le Roy Town Supervisor James Farnholz said. “But if you’re out, you can jump in if it’s working (elsewhere).”

The “opt in” and “opt out” terminology applies to cities, towns and villages who may or may not want to have pot stores or lounges within their borders. Opting in means that the municipality would be eligible for the tax revenue imposed by the state on marijuana sales; opting out could lead to a public referendum, which could overturn that decision.

In any event, the deadline to decide is Dec. 31 of this year. But with the state still trying to figure out all the rules and regulations attached to the law, many local governmental leaders seem to be in no hurry.

Le Roy Village Mayor Greg Rogers said he is part of that group.

“We’re going to take as much time as we can – right to the end of December – because we believe the landscape will change eight or nine times until then,” he said.

As previously reported on The Batavian, the state is establishing the Office of Cannabis Management & Marijuana Control Board, which will have an executive director and will be housed inside the New York State Liquor Authority.

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

Currently, 18 states plus the District of Columbia, the Northern Mariana Islands and Guam have legalized cannabis for adult use. Another 13 states and the U.S. Virgin Islands have decriminalized its use.

Farnholz said he doesn’t support a local law that would supersede the fact that marijuana is considered a Class One drug at the federal level.

“If you opt out, then down the road you can take some more time and see how it plays out in other communities. You then would have the opportunity to opt in or, in my opinion, if the federal government were to remove it as a Class One drug and it became legalized on a federal basis – to me that changes the discussion significantly,” he said.

He said the dispensary or consumption site can not be within 500 feet of a school or 200 feet from a place of worship, and that restriction – if not changed – would mean that Main Street in the village would be out due to the number of churches along Route 5.

In any event, Farnholz said the emphasis leading to a decision should be on what the law would mean to municipalities, not the morality of legalized marijuana.

“I don’t want to go down the road if legalized marijuana is good or bad,” he said. “We all have our opinions.”

Whiting said that municipalities are limited in what they can pass to just the two areas -- dispensaries or onsite consumption spaces.

“Other than that, the municipalities’ hands are tied and restricted,” he said.

Rogers said he is convinced that “somewhere in Genesee County, someone is going to sell it” but as far as Le Roy is concerned, he said the village board is going to discuss the possibility of a public referendum “to let the people decide if that is something that they want.”

A local law is subject to a permissive referendum, Whiting said, meaning that if 10 percent of the voters who last voted in the prior gubernatorial race sign a petition, there would have to be a referendum.

Several topics came up during the discussion, including the taxation schedule, drug impairment recognition, information from the state of Colorado, increased costs of public safety and federal law enforcement’s involvement.

Tax Revenue Split

Whiting pointed out that there is a 25/75 split between Genesee County and the municipality that allows the dispensary and the onsite spaces.

Specifically, the sales tax on cannabis will be 13 percent, with 9 percent going to the state, 3 percent to the host municipality and 1 percent to the county. Additionally, a THC (tetrahydrocannabinol) excise tax will be imposed.

David Damico, a resident and school teacher, said he’s all for the tax revenue but is concerned because he’s around teenagers all the time.

“I do think that whatever we decide to do tonight, that those who want it will get it,” he said. “We’re almost within walking distance of multiple villages that might opt in, including the big one down the road (Batavia), which is much bigger than us. So, I’m not really sure that keeping it off the books here is going to deter anybody.”

Farnholz replied, “I’m not sure we’ve deterred anybody since 1975,” adding that he spent 30 years as an educator and shares Damico's concerns.

Rogers said that “as far as the taxation and revenue goes, I don’t think our boards should make a decision based on thinking they’re going to get a boatload of tax revenue … This is a bigger issue than that for the social aspect.”

Recognizing Those Impaired by Pot

Farnholz said that local judges he has spoken to have a “grave concern” over it because of the lack of standards in testing for impairment.

Whiting said courses are available for law enforcement personnel to learn to recognize and detect marijuana impairment but they’re very time consuming.

Town Councilperson John Armitage mentioned that it takes a full year to train a police officer to become a DRE (Drug Recognition Expert).

“Paying this officer overtime, bringing in extra manpower – it is astronomical – and we’re not talking one or two deputies … you would have to have multiple deputies trained in DRE,” he said. “And the amount of tax you think you’re going to get, you’re not going to get (due to increased expense incurred for public safety and related services).”

Stein on Colorado: Unintended Consequences

Rochelle Stein, Genesee County Legislature chair, advised the boards that the county has no authority in this legislation before providing information from Colorado, which is one of the states that have legalized cannabis.

“The cost to public safety in that state has risen due to the sale of marijuana and the cost of public safety will be borne by the taxpayers when those costs go up (here),” she said. “The mental health, the physical health – those costs have also risen in Colorado. Incidentally, they will also tell you that the black market of cannabis has benefited greatly in Colorado.

“If there are some lessons to be learned, I would suggest that we look at Colorado and to see their experiences there. I would absolutely welcome the opportunity to opt out, preserve whatever you can for the future. If I were in your shoes, that’s what would do.”

Armitage agreed with Stein, adding that before any decision is made, board members need to look at these other states.

“I will tell you that Colorado’s accident rate is up over 400 percent since legalization, and that costs have increased more than the revenue that has been taken in,” he said.

Public Safety Costs a Major Concern

Armitage compared the MRTA to the influx of casinos, which in many cases have led to increase crime and public safety budgets.

“This is one of the worst ideas I have seen the state come up with yet, especially when other states have done it and you can see their numbers – it just does not work,” he said.

Stein also brought up that the dogs used as K-9 officers and their handlers would have to be retrained, which is another expense.

Resident Nikki Calhoun said that putting on two or three more village police officers “would be a significant cost to the village and eventually that will have to be passed on (to the taxpayers).”

“And, of course, the village can’t respond to other towns and Genesee County has limited resources for the sheriff’s on this side of the county, so I think you’ll have more problems,” she said.

Feds’ Involvement in Question

Whiting said states will be on their own when it comes to enforcement.

“My guess is that enforcement of marijuana consumption by the federal government will be very few and far between,” he said. “I’m sure they’re going to interdict large quantities coming into this country, but my hunch is that U.S. attorneys’ offices are not looking to prosecute anyone for personal consumption of marijuana.”

Resident Jay Beaumont opined that ultimately the federal government will leave it up to the states, calling it “ludicrous” that the feds classify marijuana as a Class One drug.

He also said he sees many changes from New York State before the end-of-the-year deadline to opt in or opt out.

Will Communities be Lining Up to Opt In?

The point was brought up that other communities will opt in and benefit from the tax revenue.

Farnholz had a different take on the issue.

“Looking at other states, the fantasy from the governor’s office that this is a major economic boon to the municipalities is just that – a fantasy,” he said. “You’re not going to get the financial boon that you think you are from a (cash only) dispensary. Because quite frankly, people will grow their own or the black market flourishes incredibly to avoid paying the 25-, 35-or 40-percent tax.”

Beaumont asked if it could be put to a vote to see what the residents’ feeling toward it is.

“We could do it one of two ways,” Farnholz replied. “Someone could come forward with a permissive referendum, which would be binding, or we could … have a (nonbinding) vote to gauge the feeling of the community (as the town did with the ambulance a couple years ago).”

Whiting said he expects more details to be released on a regular basis, which “will give us a lot of these answers.”

Lynn Scarpa, 25, of Le Roy, was arrested June 4 after a five-car collision on North Main Street in the Village of Castile. Scarpa was driving a white 2004 Chevrolet Silverado southbound on North Main Street when her vehicle left the roadway, sideswiping a parked vehicle in front of the post office. Scarpa's vehicle continued southbound, striking a Ford work van from behind, which was also parked in front of the post office. Scarpa's vehicle pushed the work van into a Ford Fusion, which was parked in front of Carney's Market, which then struck a Toyota RAV4 that was parked in front of it. The Fusion was occupied and the occupant was transported by Castile Ambulance to the Wyoming County Community Hospital for treatment of minor injuries. A tow company removed two vehicles from the scene that were not drivable. It is alleged that Scarpa had concentrated cannabis in her pants pocket and throughout her vehicle. She allegedly performed poorly on field sobriety tests and was taken into custody, transported to the Wyoming County Sheriff's Office and evaluated by a Drug Recognition Expert. The expert reportedly deemed her impaired by multiple categories of drugs. She is charged with: driving while ability impaired by drugs; DWAI by the combined influence of drugs; and moving from lane unsafely. She was issued an appearance ticket and is due in Town of Castile Court on June 14. Scarpa was released to a sober third party. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Michael Snyder, 49, is charged with second-degree harassment. He was arrested June 3 at 9:59 a.m. for an incident that occurred at 10:10 p.m. May 30 on Highland Park in Batavia. Snyder allegedly threw an unopened can of beer at another person, striking the person in the head. Snyder was processed, issued an appearance ticket and released. He is due in Batavia City Court June 22.

Kevin McCoy, 54, was arrested by Batavia Police Officer Peter Post and charged with second-degree harassment after a disturbance at 4:11 p.m. June 2 on East Main Street. It is alleged that McCoy struck a female during an argument. He was arraigned in Batavia City Court, released on his own recognizance and is due back in court June 10.

Eric Swede, 32, was arrested at 10:05 a.m. May 26 and charged with criminal contempt in the second degree after a complainant alleged he violated a stay away order of protection by being in the presence of a protected party. His presence was confirmed by police. Swede was issued an appearance ticket to be in Batavia City Court at a later date, then released from custody.

Brandon Crawford, 19, is charged with two counts of fourth-degree criminal mischief. He was arrested at 10:50 a.m. May 24 on Ross Street in the City of Batavia after he allegedly broke a front door and a closet door that did not belong to him during a domestic incident on Vine Street. Crawford was arraigned in city court and released on his own recognizance. He is due back in court July 8.

Michael Fisher, 51, is charged with: operating a motor vehicle without a license; driving while intoxicated with a BAC of .08 percent or more; driving without head lamps; drinking alcohol in a motor vehicle; and aggravated unlicensed operation in the third degree. At 10:33 p.m. on May 30, Fisher was arrested after a traffic stop on Ellicott Street in the city. He was issued an appearance ticket for Batavia City Court and released from custody.

Kyle John Gugel, 35, of Genesee Street, Le Roy, is charged with refusal to take a breath test and driving while intoxicated. At 1:52 a.m. on May 18, deputies conducted a traffic stop for speeding over 55 mph in the 5700 block of Clinton Street Road in the Town of Stafford. Gugel was allegedly operating the vehicle while intoxicated and he was issued appearance tickets returnable to Stafford Town Court June 1. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Nicholas Chamoun. 

Joanne Krutchen Harper, 56, of County Road 16, Dalton, is charged with petit larceny. She was arrested at 4:32 p.m. on June 3 after a police investigation into a larceny on Vallance Road in the Town of Le Roy May 30. She was issued appearance tickets and released from custody. Harper is due in Le Roy Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Jonathan Dimmig.

Lindsey Densmore, 26, was arrested May 31 and charged with petit larceny after an investigation into the theft of $166.38 worth of merchandise from a business in the City of Batavia at 4:20 p.m. that day. She was issued an appearance ticket and is due in Batavia City Court at a later date.

Tierance Davis, 34, was arrested May 26 on a bench warrant out of Batavia City Court for failing to appear in court on March 22. He was processed at Batavia Police Headquarters and released. Davis is due back in court June 15.

Tierance Davis, 34, is charged with third-degree bail jumping. He was arrested at 1 p.m. April 24 on West Main Street in Batavia on a warrant out of Batavia City Court. He was processed at Batavia Police Headquarters and released. Davis is due back in court June 15.

A favorite in the quest for a permanent site for the Genesee Country Farmers’ Market has emerged, according to the treasurer of Downtown Batavia’s three-days-a-week venture.

Sharon Brent on Sunday said that market officials have been working with City Manager Rachael Tabelski to find a fixed location after having to move to the other side Alva Place to the former JC Penney parking lot this year.

“It looks as though the Angotti Beverage parking lot (south of School Street) is a possibility,” Brent said. “We’ve discussed other sites but for one reason or another, they’re not big enough or just won’t work.”

Brent said Austin Park also was considered but the parking lot isn’t suitable.

The market opened for the season last Friday and will operate on Tuesdays, Thursdays and Fridays through Oct. 29.

Hours are 9 a.m. to 4 p.m. on Tuesdays and Fridays, and 9 a.m. to 7 p.m. on Thursdays. The market offers fresh produce, baked goods, flowers and crafts, as well as beer and wine tastings, and food vending trucks.

Brent said 30 vendors are participating on Friday and that she is no longer taking applications for that day.

“We’re sold out on Friday,” she said. “Space is available on Tuesdays and Thursdays.”

Currently, three vendors are signed up for Tuesday, eight from 9-4 p.m. on Thursday, and 11 from 4-7 p.m. on Thursday, she said.

Food trucks will be on site from about 10 a.m. to 4 p.m.. on all three days, and picnic tables are available.

NEW MANAGER IS ON BOARD

“Eat fresh, buy local.”

That’s the mantra of Kathryn Cringoli, (photo at right), a resident of Batavia for the past 18 months, who was hired last month as the market’s new manager.

The Hilton native said she is eager to promote and expand the market to attract as many vendors and customers as possible, noting her passion for all things agriculture and fresh, locally grown products.

Cringoli has extensive education and experience in agriculture as she has a bachelor’s degree in Food Science and Sociology from San Diego State University and has worked as a caterer, bed & breakfast operator and at a hydroponic greenhouse in Hilton.

She also worked many years for the Rochester Red Wings at Frontier Field, and currently works part time at Tops Friendly Market in Batavia.

Cringoli said she moved to Batavia because her boyfriend is a student at the University of Buffalo Law School.

She said that 2020 was a very tough year for everyone, especially for farmers.

“A lot of them couldn’t unload their produce to the wholesalers or to the restaurants … so a lot of produce went to waste,” she said.

Cringoli said she hopes to get 4-H members and culinary students at Genesee Valley BOCES to participate at the market this summer, and emphasized that people getting SNAP (Supplemental Nutrition Assistance Program) benefits are eligible to buy fruits and vegetables there.

“I'm delighted for this new opportunity,” she said. “Eat fresh, buy local is what I am striving to instill into this community.”

Update from DEC, June 7:

While the spill is contained to the inlet with no impact on the lake, the contractor continues to skim diesel fuel from the surface of the water. DEC’s oversight of the cleanup efforts will continue until the cleanup is complete. 

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The New York State Department of Environmental Conservation is investigating a possible petroleum spill into the inlet on the west side of Horseshoe Lake in the Town of Stafford.

According to Jeff Wernick of the DEC press office in Albany, agency personnel on Saturday responded to a report of fumes and a spill, and immediately deployed containment booms, pads and a vacuum truck to skim diesel fuel from the surface of the water.

Crews from T&R Environmental of Painted Post are conducting the cleanup effort. Booms also have been set up in a ditch on nearby Seven Springs Road, not far from the intersection of Clinton Street Road in the Town of Batavia.

“The spill is currently contained and DEC’s oversight of the cleanup efforts will continue until the cleanup is complete,” Wernick said. “DEC’s investigation into the cause and amount of the spill is ongoing.”

Photo at top: View from Horseshoe Lake Road near the entrance of West Lake Road of the environmental remediation underway in response to a chemical spill; bottom, containment booms in a ditch on Seven Springs Road. Photos by Mike Pettinella.

The properties of the Mancuso Business Development Group on Harvester Avenue and Masse Place have been sold to a New Jersey-based company.

The Batavian has learned that a venture headed by the father-son team of John F. Wachter Jr. and John F. Wachter III has purchased The Harvester Center Business Incubator Center at 56 Harvester Ave., the Joseph Mancuso Building at 26 Harvester Ave., and two Masse Place facilities.

Currently, there are around 70 tenants in the buildings – businesses, storage areas and personal use spaces.

On Saturday, MBDG President B. Thomas Mancuso sent a letter to tenants, confirming the sale:

“I am excited and grateful to announce that the Wachter family has purchased the Harvester Center and will be a force driving the success and progress into the future. You will hear directly from them and their plans in the very near future.

“As the Harvester Center moves into the next phase of its service to our community’s economic well-being, I want to thank you for your presence and ongoing efforts to succeed here. My father, Joseph L. Mancuso, spent decades of his life helping people start and grow businesses of all sorts and sizes.

“We are pleased to know that the new owners have a track record for helping companies improve their performance and now they are bringing their energy to Batavia.”

Credited as the world’s first business incubator, The Harvester Center BIC is a mixed-use industrial building that was founded by Joseph L. Mancuso in August 1959. The concept behind the development was to create a building that would attract various types of small, emerging and established businesses and afford those businesses an opportunity to grow.

Today, the company’s four-parcel complex contains about 960,000 square feet of industrial and commercial buildings on 29 acres. More than 3,000 businesses have been housed at the Harvester Center BIC since 1959.

The Mancuso Business Development Group also manages companies in Lockport and Buffalo.

About four years ago, VIP Structures of Syracuse – a development, architectural and engineering firm – assisted Mancuso Business Development Group and Batavia Development Corp. with a property condition report and preliminary design.

That led to a feasibility study and drafting of a Master plan for a mixed-use space to further the Batavia Opportunity Area and the City of Batavia’s vision of a redeveloped and revitalized Harvester Center BIC.

According to the VIP Structures website, the study was done “to advance the redevelopment goals set in the BOA plan. These include: to improve parking, vehicular and pedestrian/bike circulation, open up space and right size the facility while maintaining character, encourage a mix of uses including loft housing, and take advantage of rail access.”

The BDC’s annual report covering 2016-17 listed two favorable options:

(1) Live-Work Redevelopment: Demolish obsolete, deteriorating buildings, reinvent innovation zones, introduce new creative retail spaces, add mixed-income loft housing flanked by creative courtyards;

(2) Multi-Tenant Warehouse: Build a new 100,000-plus-square-foot building that will meet modern day requirements for today’s industrial tenants.

City of Batavia Manager Rachael Tabelski on Saturday said the site is a "major hub for employment and has so much potential."

"I have personally worked with the previous owner of the campus for many years in hopes of redevelopment of this brownfield historical campus and am in awe of the sheer dedication and perseverance of Tom Mancuso to keep this campus going throughout the years. I wish him all the best in his future pursuits," she said.

Tabelski said that a feasibility study conducted by the city and BDC has spurred different projects on the Harvester campus over the years, including the Masse Place redevelopment through a Restore New York Grant, designating the campus as a Brownfield Opportunity Area site through the New York State Department of State, a feasibility study for redevelopment funded by Empire State Development, as well as the designation of the campus in a federally recognized Opportunity Zone.

"I can’t wait to learn what the new ownership will do to revitalize the historic campus, and look forward to meeting with the new ownership in the near future," she said.

Photo: The Harvester Center buildings on Harvester Avenue.

The project manager of the New York State Downtown Revitalization Initiative’s renovation and redevelopment of the historic building at 99 Main St. said a new façade should be up by August following the removal of the original frontage this afternoon.

“I talked to the contractor today and he said that they will begin framing the wall on Monday or Tuesday of next week and then do the brick work,” said Todd Audsley of the Batavia-based smartDESIGN architecture. “It will probably be put back together in four to six weeks.”

Audsley said the new façade will be a frame wall with a brick veneer and will look similar to the old one.

“The new façade will be very much like it was but better construction, insulation, better windows, and new construction technology,” he said. “It’s kind of a facelift for the building, and just a better job of what was there.”

He said the building, erected in 1865, had some issues that needed correcting but the original façade, while not damaged, was worn out.

“The windows were shot. There was no insulation in the wall. The brick was fine but there were concrete sills and headers over those windows,” he said. “There had been some rock and water damage over the past 70 to 80 years. It was just time.”

The $1.1 million project includes renovation of all three floors of the 7,500-square-foot building. A dental practice operated by Kumar Neppalli, D.D.S., is on the first floor and the second floor is being developed for commercial office space. The third floor will include two two-bedroom market-rate apartments.

Audsley said the entire project will go on for several months.

Photo by Howard Owens.

Failure to report an injury in a timely fashion is the basis for a decision by the Appellate Division of a State Supreme Court to disallow a claim by City of Batavia Fire Chief Stefano Napolitano for workers’ compensation stemming from a work-related slip and fall in December 2018.

In a four-page ruling handed down last week, the Supreme Court, Appellate Division, Third Department agreed with the Workers’ Compensation Board that since Napolitano waited until after 30 days had elapsed to report the injury, his claim for benefits was invalid.

According to the ruling, the chief waited until April 2019 to file his claim as he contended the injury to his right knee became “progressively worse” as time went on.

Workers' Compensation Law §18 requires that a claimant seeking workers' compensation benefits must provide written notice of an injury within 30 days after the accident causing such injury. 

The Appellate Court’s decision indicates that Napolitano “admittedly neither reported the incident to the employer nor sought medical treatment for approximately four months – opting instead to just ‘muscle through’ it by self-diagnosing and self-medicating his injury … until he reached the point where ‘the pain just would not subside.’ ”

Napolitano declined to comment on the matter.

While more of a “behind the scenes” aspect of municipal government, a Code of Ethics and Annual Financial Disclosure Statement are essential in educating public employees and public servants of expected standards of conduct and potential conflicts of interest.

The Genesee County Legislature’s Ways & Means Committee this afternoon, following the lead of County Attorney Kevin Earl, took a step toward unifying its Code of Ethics by setting a public hearing on Local Law Introductory No. 2, Year 2021, to repeal and replace the county’s current Ethics and Disclosure Law.

The public hearing is scheduled for 5:30 p.m. June 23 during a meeting of the full legislature at the Old County Courthouse.

Earl said this measure is being taken not because the current Code of Ethics is inadequate but to merge the various aspects of the code into one document.

“Currently, the Ethics Law and the Annual Financial Disclosure Statement came about in a Local Law in 1990,” Earl said. “The Local Law was amended two times by other Local Laws (in 1991 and 1992), so one of the problems is that when you want to find out what’s current, you have to toggle – go back and forth – between three Local Laws, which makes it difficult.

“So, the main purpose of this is to put everything in one Local Law; everything is right there and you can see everything in one place.”

Earl said that he updated some of the language in the code and disclosure statement, basing the county document on the New York State Comptroller’s Office model ethics code.

“We almost quoted it word for word – except for items that apply specifically to Genesee County,” he said.

According to General Municipal Law, officers and employees of a municipality are prohibited from having certain conflicts of interest, and each municipality is required to adopt a Code of Ethics covering disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other applicable standards.

The Genesee County Code of Ethics and Annual Financial Disclosure Statement, which must be filled out annually by designated county employees and members of specific boards and committees. Approximately 125 people currently are required to adhere to the code and submit the financial statement.

Sections of the updated document include:

• Repeal and Replace. Local Law Introductory No. 2, Year 2021, would repeal and replace the original code and the ensuing amendments;

• Code of Ethics. This is the section that spells out requirements for county employees and appointees, and includes: term definitions; applicability; prohibition of using a municipal position for personal or private gain; disclosure of potential conflict of interest; procedure for recusal or abstention; investments and/or private employment in conflict with official duties; future employment; personal representation; use of municipal resources; interest in contracts; nepotism; confidential information and gifts.

• Board of Ethics. This defines the committee that is appointed by the County Legislature and will render advisory opinions to officers and employees with respect to the General Municipal Law governing any Code of Ethics.

• Financial Disclosure and Annual Statements of Disclosure. This section defines the terms used and reporting categories along with the procedures and key dates for filing the annual statements with the Clerk of the Legislature.

• Whistleblower Protections. This part indicates the county’s prohibition of illegal or unethical activity, and safeguards any employee who reports such activity from being discharged, discriminated against or from being subject to retaliation.

• Penalties. Anyone making false statements can be fined, disciplined or discharged from their duties, but an appeals process that brings in the Board of Ethics is in place.

• Effective Date. The new Local Law shall take effect upon proper filing with the Office of the Secretary of State.

In another development, County Manager Matt Landers reported that the county has received the first half of its $11.1 million allocation from the American Rescue Plan Act.

The exact total going into the county coffers is $5,562,984.50. The second half will be distributed in 12 months.

Previously: Landers outlines four areas to use ARPA funds, says plan to spend $11.1 million is on the drawing board

An Alexander Central School eighth-grader’s design promoting agriculture and the people who work to get crops from the field to the table received the most votes in the Genesee County Flag Contest conducted by the county planning department.

Riley Wall, (photo at left), a student in Karen LaDuke’s art class, created a flag that shows a healthy ear of corn supported by two different color hands in a tapestry of blue sky and green fields.

Her entry edged out four other finalists in the children’s contest that had citizens vote on the Genesee 2050 website in March and April.

Riley, 13, said she participated in the project as a class after it was suggested by her teacher.

"I think I came up with the design just because I knew that as a county we are very toward agriculture and being part of a community. So, that's why I included a piece of corn and the diversity of it," she said.

She said it took her one or two days to complete the work, with the design in her initial thought process continuing through the finished product.

County Planning Director Felipe Oltramari said Riley’s flag is worthy in that it recognizes the value of farming, Genesee County’s No. 1 industry.

“It represents our agricultural base and symbolizes the importance of farmers, local food and also the diversity of our farming community,” he said.

The winning flag will be flown on June 14 – Flag Day – at the Genesee County Courts Facility as the county flag for a day, Oltramari said.

“We’re still finalizing plans but it looks like there will be a commendation -- with the flag flying at the Courts Facility Building -- and a ceremony outside, either before or after the legislature’s Public Service Committee meeting,” he said, adding that Riley and her family will be invited to attend.

Riley said she is looking forward to the event.

"I think this will be a really good experience for me," she said, adding that the outcome of the contest has inspired to take art more seriously. "When I was younger, I used to draw a lot. Now, I don't draw as much but I think that since I did this thing, I think I'm going to start getting more into it."

Oltramari said he is working with a flag company to make sure it is ready by June 14.

As far as the adult contest to determine the new county flag is concerned, Oltramari said he is waiting on the legislature, which is taking a close look at the five designs deemed as finalists.

Oltramari said his research indicates that all New York State counties, except for Livingston, have the county seal on their flags. He said the reason for that is because if it didn’t have the county seal, people wouldn’t be able to identify it.

While Genesee County leaders place conserving water at the top of the priority list, they also are looking at water storage as another step to making sure the supply is able to meet the demand during those extremely hot summer days.

County Engineer Tim Hens reported to legislators Tuesday that water storage does help with peak day requirements and pointed to several corresponding actions currently taking place.

“The addition of the new 750,000-gallon tank in Elba will be beneficial for the entire system as it comes online this summer,” Hens said. “Additionally, large industries in Genesee County are looking to add onsite tanks at their facilities that will allow them to adjust their heavy pumping during peak periods.”

Hens said that he has been talking to CPL (Clark Patterson Lee) engineers about advancing some tanks/storage from Phase 3 of the County Water Project to Phase 2 (which is happening now) as quicker ways to deal with peak day demands.

The Monroe County Water Authority also is moving ahead on a project to build a ground storage tank in Pavilion along Walker Road at the old Village of Le Roy water treatment plant that will provide 700,000 gallons per day, he said.

“There is an opportunity for the county to participate and upsize this tank to 1.5 million gallons,” Hens said. “The county share to do this would be about $400,000 which I feel is a great deal and is something the water fund could easily handle.”

Hens said that MCWA also plans to adjust the hydraulic grade zones south of Le Roy and in the Village of Le Roy to be on the same … zone that feeds much of the “center” of the county.

“This would allow the new Pavilion tank to coordinate directly with the Temperance Hill (situated west of Stafford, close to Fargo Road Pioneer Cemetery) tanks,” he said.

Hens said that the county is willing to pursue this arrangement, adding that he expects this tank to be completed by the end of next summer.

Last week, county, City and Town of Batavia, Village of Oakfield, Village of Elba and county Health Department officials issued a bulletin asking residents to do their part to conserve water this summer.

Reasoning behind the request is that, despite county efforts to increase the supply, “rapid increases in residential district growth and increased agribusiness and industrial use” have resulted in demand outpacing supply improvements during the summer months.

Officials said that if voluntary conservation measures are unsuccessful, mandatory water conservation may have to be enforced. 

Hens said that the county is taking steps to save water by reducing or eliminating flushing on peak days, better communication on water storage tank levels and coordinating with contractors filling new water mains.

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

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

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

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

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

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

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

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

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

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

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

On other fronts, Battaglia reported the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Albanese said NextEra has committed to using local union workers.

Barbie Starowitz
Star Growers

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

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

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

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

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

Richard Colby
Landowner

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

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

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

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

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

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

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

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

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

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

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

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

Richard Glazier
Longtime Byron resident

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

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

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

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

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

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

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

Jim Lamkin
Longtime Byron resident, BAAS representative

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

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

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

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

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

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

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

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*Payment In Lieu Of Taxes

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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