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Press release:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

She explained that there are two types of retail sites:

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

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

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

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

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

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

FOCUS ON DIVERSITY

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

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

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

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

SALES AND EXCISE TAXES

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

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

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

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

LOCAL REGULATION

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

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

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

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

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

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

CRIMINAL RECORD EXPUNGING

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

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

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

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

ADDITIONAL TOPICS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Siting Board Public Hearing is Tuesday

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

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

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

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

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

Yasses: We Changed Our Game Plan

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

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

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

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

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

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

Residents Will Have a Voice

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

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

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

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

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

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

$84.7 Million Into the Local Economy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HEALTHY LIVING CAMPUS PRESENTATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No COVID-19 testing and no masks.

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

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

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

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

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

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

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

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

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

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

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

In other developments:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To obtain a copy of the book, click here.

All proceeds will go to food banks across the state.

      Jason Fitzpatrick       Samantha Makar

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The weapon recovered was not described in the press release.

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

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

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

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

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

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

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

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

A Different Story in Batavia

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

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

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

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

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

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

Extended Unemployment Hurting Business

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

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

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

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

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

Other Factors: Sick Leave, HERO Act

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

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

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

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

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

Then, there is the matter of taxes.

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

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

More Equipment is Heading South

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“They’re going up everywhere.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Appointing five people to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

CALLING ALL PARADE PARTICIPANTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

That is also a safety issue, Staley said. 

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

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

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

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

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

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

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

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

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

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

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

         Devon Wright

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ermonie R. Schichler, 18, of State Street, Batavia, was arrested at 10:40 a.m. on May 17 and charged with disseminating indecent material to a minor in the second degree and endangering the welfare of a minor. It is alleged that she sent sexually explicit photos to a minor over a period of time. She was arraigned via Skype in Batavia City Court, then released on her own recognizance. She is due back in court later this afternoon (May 24).

Daniel J. DiFransecso, 39, of Libarty Street, Batavia was arrested at 5:48 p.m. May 9 and charged with second-degree harassment. It is alleged that on that day he verbally threatened to kill a person while banging on their window with a hockey stick. He was issued an appearance ticket for May 18 in Batavia City Court.

Robert Wood, 30, was arrested by Batavia Police Officer Peter Post at 3:45 p.m. May 19 in the City of Batavia (no address provided) and charged with first-degree criminal contempt. It is alleged that he had contact with a female who has an active stay away order of protection against him. Wood was arraigned in Batavia City Court and jailed without bail. He was due to return May 20.

Darren Ayrhart, 52, of North Main Street, Albion, was arrested at 8:45 p.m. May 19 and charged with first-degree criminal contempt and second-degree burglary. It is alleged that he violated a stay away order of protection against him after a domestic incident on Dellinger Avenue in the City of Batavia. He was put in jail; no bail status provided. Ayrhart is due in city court on May 27.

Justin Thagard, 32, was arrested at 12:54 a.m. May 11 for violating a court order of protection by being in the presence of the protected party -- he was allegedy found inside their vehicle during a traffic stop in the City of Batavia. Thagard was arraigned in Batavia City Court then put in jail on $2,500 cash bail or $5,000 bond or $10,000 partially secured bond.

Eladio A. Wattles, 23, of Hutchins Street, Batavia, was arrested at 5:10 p.m. May 16 and charged with second-degree criminal contempt. It is alleged that he violated an order of protection by sitting inside a vehicle with the protected party. He was arraigned in Batavia City Court then released under supervision of Genesee Justice. He is due back in court June 24.

Adam T. Shipwash, 41, of West Main Street, Batavia, was arrested at on May 19 on a warrant out of Batavia City Court and charged with petit larceny. It is alleged that at 9 p.m. April 8 Shipwash stole money from a person on West Main Street. He was arraigned in Batavia City Court then released on his own recognizance. He is due to return to court June 17.

Michael L. Jackson Jr., 40, of East Main Street, Batavia, was arrested at 1:36 p.m. on East Main Street and charged with petit larceny. It is alleged that Jackson stole merchandise from a grocery store and was still present in the store's parking lot when a Batavia police officer arrived. He was taken into custody without incident then released on an appearance ticket for May 25 in Batavia City Court.

As a vexillologist since childhood, Genesee County Planning Director Felipe Oltramari knows more than a thing or two about how flags should look.

He shared some of his knowledge on the study of flags earlier this week during a discussion with the county’s Ways & Means Committee about the progress of a public contest to find a replacement for the current Genesee County flag – a blue banner that features the county seal in the middle with the words Genesee County above and Founded 1802 below in block letters.

“One of the no-no’s for flags is never to put words on them,” Oltramari said, admitting the county flag has ruffled his feathers to a certain degree. “Flags are symbols, and they’re not supposed to say things. Especially when they’re flying … you really can’t read them so it makes no sense.”

Oltramari said he became hooked on flags since his elementary school days after seeing pictures of them on the inside cover of a dictionary.

“I’ve been a flag bearer all my life,” he said. “I memorized them and to this day, I’m very good. I like going to GCC, where all the flags are hanging … and I can name them all. It’s fun.”

He explained to the committee that the international and national vexillology associations took their name from the word vexillum, which is Latin for the flag-like object used as a military standard by units in the ancient Roman Army.

When the county embarked on a comprehensive plan update and the Genesee 2050 project associated with it, Oltramari took that as an opportunity to get citizens involved by holding a design contest to update the flag – with categories for adults and children.

Online voting on the five finalists in each division ended on April 30 – resulting in first-place designs pending approval by the legislature before results are released to the public. Oltramari said using the county seal on the new flag is allowed.

Should the designs receiving the most votes move forward (and that is uncertain at this point), Oltramari suggested drafting a commendation and making a presentation to the children’s category winner.

He also thought it would be proper to make the children’s flag the official county flag for a day and fly it outside.

“After that, it would be put in the Genesee County History Department as a display,” he said. “It would be an extra cost to have that flag printed but I thought it would be a nice gesture.”

According to a press release from the county about the flag contest, those who voted online have a chance to win free shelter reservations at DeWitt Recreation Area and the Genesee County Park & Forest for the upcoming season.

Voters were automatically entered into the drawing by voting for one of the flag designs and by filling out any of the Genesee 2050 surveys. The more surveys someone completed, the more chances that person had to win.

To see pictures of the five finalists in both categories, click on the Previously link.

Previously: Vote for a new Genesee County Flag -- one created by an adult AND one by a child

Batavia native Jeff Pero, in his position as general manager of Casella Waste Systems of New York’s Batavia Division, said he counts it a privilege to be able to support his community by offering free trash pickup at city parks and downtown.

“Being part of this community for 37 years, I’ve been given a lot and met a lot of great people, and I saw this as an opportunity for myself and Casella to give back in a small way,” said Pero, about the Rutland, Vt.-based company’s proposal to empty the trash at the city’s nine parks on a daily basis and throughout the downtown business district once a week.

Pero said he read that Batavia was going to a “take in, take out” policy and contacted City Manager Rachael Tabelski to extend Casella’s services at no charge.

“In my opinion, it takes time for the community to understand that new policy, so that’s kind of why I reached out to Rachael and the city,” he said. “Also, Casella is all about community involvement … and felt that this would be a nice gesture, and it’s a chance to let residents know that we are there for them.”

According to a memo dated May 17 from Acting Public Works Director Ray Tourt to Tabelski, in exchange for Casella servicing the parks on a daily basis and downtown on a weekly basis, the city would provide trash bags for the parks and allow Casella to repaint the trash cans in the parks and place a sign on the receptacles, stating “Serviced by Casella Waste.”

Tabelski, in turn, drafted a resolution that is on Monday night’s City Council Conference Meeting agenda that would forge a partnership between the city and Casella through Nov. 30, with the potential for two one-year renewal periods after that date.

Should City Council agree with the plan, the resolution would be forwarded to its next Business Meeting in June.

Pero sold his Trash Away business (that he owned with his brother) to Casella in September 2019, and in the process, accepted the general manager position for Casella’s Batavia Division. He said that seven trucks, operating out of an office on Apollo Drive, handle refuse collection in the division’s two counties – Genesee and Livingston.

Also, on Monday’s agenda:

• A draft resolution that would authorize using $70,000 from the appropriated parking lot reserve fund to pave the parking lots on Center Street, Lions Park (off Wallace Street) and Canale (west of 240 Ellicott St.).

The respective costs are $50,000, $12,500 and $7,200 for a total of $69,700.

In a memo to City Council dated May 15, Tabelski indicated that resurfacing of these lots is part of a strategic plan to maintain parking lot and sports surfaces. Paving of the Williams Park lot is scheduled for fiscal year 2022-23.

• Several event requests for this spring and summer, including:

-- Just Kings BBQ (May 29 at Williams Park);

-- Blue Pearl Yoga in the Park (June 1-Sept. 30 at Centennial Park);

-- GLOW OUT 5K run (June 10 at Centennial Park) and parade (June 12 at Batavia City Centre parking lot);

-- Home to Home Concert (July 3 at Jackson Square);

-- Genesee Symphony Orchestra 75th anniversary kickoff (July 17 at Austin Park).

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On another City of Batavia matter, the Planning & Development Committee this week recommended changing the zoning of a parcel at 211 E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to accommodate the demolition and subsequent construction of the GLOW YMCA/United Memorial Medical Center’s Healthy Living Campus.

PDC Chair Duane Preston said a letter was sent to City Council, which will vote on the zoning change at a future Business Meeting.

Council had referred the matter to the PDC for its opinion after receiving a request from the project manager to change the zoning so that it falls in line with the two other affected properties.