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Brown's Mill Road at West Bethany Road closed for about two weeks for culvert replacement

By Press Release

From Laura A. Wadhams, P.E., assistant County Engineer:

Brown's Mill Road at the West Bethany Road intersection, on the border of Alexander and West Bethany, is closed for approximately two weeks for a culvert replacement project.

This work will not affect traffic on West Bethany Road. 

The public will be notified once the road is reopened.

Hawley and Assembly Minority colleagues oppose extension of eviction moratorium

By Press Release

Press release:

Assemblyman Steve Hawley is joining his colleagues in the Assembly Minority in standing against the extension of a legislative moratorium on evictions.

The Assembly Majority has introduced a bill (A.7175) to extend the moratorium through Aug. 31. Hawley has opposed extending the moratorium in the past, as it has greatly burdened small landlords throughout the pandemic that have been unable to collect rent to pay the mortgages on their properties. 

“The landlords impacted the most by this moratorium are people who have worked their entire lives to buy property to generate an income to take care of their families, and we’ve left them helpless for over a year now,” Hawley said.

“Addressing the burden placed on our housing system by COVID-19 means helping both tenants and landlords, and this moratorium deprives them of their rightful legal and financial recourse.”

Town of Batavia officials look to outside help in developing a practical, detailed, fair solar ordinance

By Mike Pettinella

Small-scale solar projects are on hold in the Town of Batavia until municipal officials, working with a paid consulting firm, can find the right ingredients to ensure a fair and effective solar ordinance.

Town Building Inspector Dan Lang took some time out of his busy day Tuesday to update The Batavian on the status of the new code, which he hopes will be drafted and approved over the next few months. In January, the town placed a moratorium on solar farms without establishing an end date.

“We’re putting out bids for a consultant and want to make sure it is the right fit for the town and matches up with our comprehensive plan,” Lang said. “We want to remain solar-friendly but we also want to make sure that we’re putting them in the right areas.”

As is the case with determining real estate values, the phrase “location, location, location” applies in the solar arena, Lang said.

“We have much to review and to sort out, but I can tell you that we’ve been tossing around the idea of incentive zoning for these systems – a tiered approach where you have your best locations, followed by areas that we would allow but would come with more restrictive setbacks and guidelines,” Lang explained. “Then, finally, a third tier where we really don’t want solar on prime farmland but if you’re going to put it here, this would have to be in a specific spot (and likely costlier for the developer).”

Part of the siting process is to identify areas where the transmission power lines have enough capacity to hook into the grid, Lang said.

Thus far, the Town of Batavia has approved five solar projects, all of them active and sitting on parcels of 20 acres or less and generating 2 to 5 megawatts of electricity. Those five are on Bank Street Road (on land owned by Thomas Lichtenthal), on Lewiston Road (two, Call Farms) and on Pearl Street Road (two, Dan Miller).

Five more are at various stages of construction and/or review and are yet to be activated. Those are on West Main Street Road (two, Fred Bowman), on Batavia-Stafford Townline Road (Daniel Underhill), on Galloway Road (Wayne Dunham) and on Ellicott Street Road (Donald Partridge).

Another five are in limbo, Lang said, due to the moratorium and the effort to adopt a new solar ordinance.

Lang said town officials have learned much through the process of approving the five systems, notably that they weren’t up to speed on the amount of buffer and screening needed to hide them from neighbors, and that they would have been better served by limiting the number of utility poles.

That’s where the consultant comes in.

“From experience, we realize we need to reach out and have a consultant come in and tell us some of the better areas for the solar – more or less, what companies will be looking for as far as transmission lines that have the capacity to move electricity from solar farms,” Lang said.

He admitted that it has been difficult keeping up with an industry that is constantly changing.

“For example, we’re finding that we can get away with more underground lines instead of looking at the ugly utility poles,” he said. “No matter what, it continues to evolve and then there is the matter of battery systems and battery storage to deal with. It’s all moving at a rapid pace.”

Lang said the objective is to respect the landowners’ right to put solar on their property while producing cleaner and greener energy in a location that doesn’t negatively impact the surrounding community.

“We realize – and this is a big thing – that supplemental income for the farmer who wants the solar there is important and we encourage that because that’s the highest and best land use value for them,” he said. “And we’re trying to find areas where it’s ‘out of sight, out of mind’ and not intrusive to the neighboring properties.”

Currently, the town requires a decommissioning bond on every project, Lang said.

“If something does go south with it, the system will be removed. It really is a farmland protection. If it is removed five or 10 years from now, you have soil that has been untouched and ready to go again for farming,” he said,

Lang acknowledges that solar projects draw complaints from those who live next to the proposed site.

“We’ve heard them all – they’re an eyesore, they pollute the land and so on,” he said.

When a consultant is selected and a new ordinance is drafted, the plan will be reviewed by county and town planning boards before going to the Town Board, Lang said. Until then, more meetings of a six-person committee that includes Lang will be scheduled and citizens are invited to send their opinions via email to solar@townofbatavia.com.

Other members of the committee are Town Board Member Chad Zambito, Town Planning Board members Paul McCullough and Donald Partridge, citizen representative Nancy Brach and Zoning Board of Appeal Member Brittany Witkop.

Genesee County has 23 new COVID-19 cases today; site tech issues still not fixed

By Billie Owens
  • Genesee County reporting 23 new positive cases of COVID-19. The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.
    • The new positive cases reside in the:
      • West Region (Alabama, Darien, Pembroke)
      • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
      • East Region (Bergen, Byron, LeRoy, Pavilion, Stafford) 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
  • Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.  

 

Orleans County reporting 10 new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.

Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

Movie Nights in May at WNY Gas & Steam Show Grounds in Alexander

By Billie Owens

Movie Nights at the WNY Gas & Steam Show Grounds!

  • 7 p.m., May 14 -- "The Goonies"
  • 7 p.m., May 15 -- "Aladdin" (The Original)

Cost is $25 per vehicle, no RVs, busses or limos. Drive-in only.

Food and drink for purchase on site.

Enter Walker Road entrance, Alexander Road. (Steam Show Grounds' address is 10244 Gillate Road, Alexander.)

Tickets go on sale Saturday, May 1st, www.alexandersteamshow.com. COVID-19 protocols to be followed.

YMCA sets public fundraising goal of $1 million as Healthy Living Campus project moves forward

By Mike Pettinella
Video Sponsor
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With close to 80 percent of its fundraising goal of $14 million in hand, the principals of the Healthy Living Campus for Downtown Batavia this morning announced the start of a public “community challenge” to bring in an additional $1 million.

“Today, on behalf of the GLOW YMCA, I am excited to announce that we are launching the public phase of the “Transforming Lives” campaign,” said Rob Walker, chief executive officer of the GLOW YMCA. “This campaign will allow the Y to build a Healthy Living Campus in Downtown Batavia, in partnership with Rochester Regional Health’s United Memorial Medical Center.”

The $30 million project, which is a key component of the city’s $10 million Downtown Revitalization Initiative award from New York State, will integrate services provided by the two entities under one extremely large roof. Construction is slated to begin this fall, with completion anticipated for some time in 2023.

The two-story building will cover a distance starting just east of the current YMCA and extending all the way to Wiard Street. Twenty thousand square feet of space will be available for hospital services and 60,000 square feet of space will be utilized by the YMCA.

Walker, during a 30-minute event for local media, said the YMCA “dedicated” volunteers have raised more than $11 million toward our $14 million fundraising goal.

“With us nearing the goal, we are now here to ask the community for support to help us reach our public phase goal of $1 million,” he said. “In addition, we are excited to share a donor match challenge. With the generous support of Peter Zeliff, we have a community challenge to support the new YMCA. Until September 2021, his support will match dollar-for-dollar all new gifts up to $500,000.”

Zeliff: We Need the Y for the Kids

Contacted by telephone this afternoon, Zeliff, chair of the Genesee County Economic Development Center Board of Directors and developer of the Oakwood Estates housing complex on East Main Street Road, said that in his view, it's all about providing opportunities for youth.

"I’ve lived in this area pretty much all of my life. I was born here and raised here, and I really think that this community needs the Y – mainly for kids," he said. "So, kids can have someplace to go and something to do. I believe in that project and I believe it will be good for Batavia and it will be good for Genesee County."

Zeliff said it is remarkable that $11 million has been raised thus far.

"When we started working on the Y project, myself and a bunch of other people thought that was an awful big ask for Genesee County residents to raise $14 million here. But, we’ve already raised over $11 million and that’s pretty amazing," he said.

Walker said that the timing of the project will “ultimately be determined by completion of the capital campaign.”

He then read a list of the planned services, starting with a state-of-the-art wellness center, indoor pool, group exercise studios, and gymnasium with indoor walking/running track.

Other features include a teaching kitchen, indoor playground, youth spaces, living room, and meeting rooms.

Integrated Services Under One Roof

“Our partnership with UMMC will provide primary care, behavioral health/crisis intervention services, telemedicine integration, cancer prevention outreach services, chronic illness services, and education services all in the same facility,” he said, noting that co-located services will include chronic disease management, rehabilitation, mental health, and community education.

“The new Y is for the children, adults, and families in our community. It will be a place for people from all walks of life to come together, gather and improve the quality of life,” he said.

UMMC President Dan Ireland predicted the Healthy Living Campus will be “a dynamic change to Downtown Batavia.”

“A thoughtful process has been undertaken to determine how to bring the right services that will complement each other,” he said. “So, as we look at our primary care center, which will grow and expand from what we offer today at Batavia Primary Care, it will allow more patient access, but also allow our doctors, our nurses, our resident physicians to leverage the work with the Y and integrate wellness and fitness into the regimens they use to care for patients.

“It’s a perfect match as we try to look holistically at people’s health to be able to then to work with Rob’s team to create ways and pathways for people to continue their journey to a healthier lifestyle.”

Ireland said an emphasis will be on cancer screenings, diabetic care, healthy eating, and education.

“There are a lot of ways to bring that all together, inclusive of our Baby Café, which will help breastfeeding moms – maybe the first time or subsequent times as they’re trying to work through the struggles that some people experience with breastfeeding, as well as leveraging from the childcare services that the YMCA offers for patients who are coming for visits at the hospital,” he explained.

Project Rep: Going for That Urban Feel

David Ciurzynski, design consultant and representative for both organizations, spoke about the look of the building prior to the fundraising appeal.

“We’re trying to bring in elements of the brick and the glass,” he said. “The brick is going to highlight the brick buildings and brick facades that we currently have on Main Street, Batavia – playing homage to the Seymour Building (GO ART! headquarters), which is a historic building. And then we have the glass and the panels, trying to mix of materials that give that urban feel – that modern, bright, fresh look that we want to achieve.”

Ciurzynski also reported on the last week’s initial site plan review by the City of Batavia Planning and Development Committee, stating the purpose was to help the PDC understand the status of the design process and to gain insight from the committee members.

“We are encouraged by their thoughtful questions and comments, such as the desire to enhance the project from Main Street,” he said. “We are working with the design team at CPL (Clark Patterson Lee) to develop concepts that enhance the entrance and Main Street courtyard. It is our hope that weather permitting, this courtyard can be utilized as an extension of our indoor program and activities.”

Board Director: A Transformative Build

Paul Marchese, chair of the Genesee Area YMCA Board of Directors, said he sees the campus as “the most transformative and impactive build in my history – and I’ve been living here all of my life.”

“I’m happy to support this project, which will significantly change Downtown. It is one of many investments that are going to reinvigorate Downtown. We think that our membership will significantly increase in factors. It is an amazing structure,” he said.

Walker said the YMCA was last renovated in 1975, He said he expects Downtown activity to triple once the campus is complete.

Plans call for the current YMCA to stay open until the new building is finished, meaning that there will be no disruption in services.

Others on hand for the announcement were Christopher White, chair of the GLOW YMCA Board of Directors; Paul Battaglia, capital campaign chair; and John Riter, capital campaign cochair.

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Photo at top: Rob Walker addresses the media this morning. Middle: Walker and David Ciurzynski; Bottom: Dan Ireland and Walker. Photos by Mike Pettinella.

Schumer urges stages, theaters, museums to ready paperwork, log onto SBA site & apply for financial aid

By Press Release

Press release:

Amid the opening up of the Small Business Administration (SBA) "Save Our Stages" online application for the Shuttered Venue Operators Grant, U.S. Senator Charles E. Schumer confirms about 6,000 applications have already been filed in the first five hours of the program, with more than 8,000 additional applications being worked on.

He is urging New York stages and other venues and cultural institutions to ready their paperwork, log on to the SBA.gov website for the Shuttered Venue Operators Grant program and file an application for their relief.  

“Knowing the SBA has already received 6,000 applications, with over 8,000 additional requests in the works, for stages and venue relief shows both the need that exists, but also the desire to bring back a variety of venues, entertainment and arts options that make New York one of the greatest states – and strongest economies,” Senator Schumer said. “So, I am urging New York stages to ready their documents, log onto the SBA site and file applications for their relief. The shows will go on!”

Schumer successfully fought to include $15 billion in the end-of-year COVID-19 relief bill in December for the "Save Our Stages" (SOS) program to provide national assistance for independent live venue operators, independent movie theaters, and cultural institutions such as live performing arts organizations and museums that have been significantly impacted by the economic effects of the COVID-19 crisis.

The American Rescue Plan that passed into law in March included an additional $1.25 billion for the program following Schumer’s efforts to add more money to the national pot. Schumer says that New York will receive the lion’s share of the total national pot and that the legislation will provide temporary relief not only to the venues, but also to the employees, promoters, managers, producers, and entertainers that support them.

Specifically, the COVID relief package created a new Small Business Administration (SBA) grant program which independent live venue operators, promoters, producers, talent representatives, independent movie theaters, and cultural institutions are eligible for.

To be eligible, an entity must have experienced at least 25 percent lost revenue due to COVID-19. Schumer said the SBA grants are designed to provide up to six months of financial support that could be used to keep employees paid and New York’s prized cultural hubs open for business.

“Independent venues, like theaters and concert halls, are the beating heart of New York’s cultural life and a driving force across our economy,” Schumer said. “Our local stages, from those on Broadway to the ones in Binghamton, Buffalo, and everywhere in between, were among the first to shut down at the start of the pandemic, are struggling to stay afloat, and will be among the last to fully reopen—so they need this SOS relief, and I want to make sure they apply.” 

Specifically, the new program includes the following components:

  • Creates a new grant program at the Small Business Administration to provide assistance to independent live venue operators, promoters, producers, talent representatives, independent movie theaters, and cultural institutions.
  • Permits recipients to use grants for various costs, including those associated with COVID-19:

                 -- Rent, utilities, mortgage obligations, payments to contractors, regular maintenance, administrative costs, taxes, operating leases; and

                 -- PPE procurement, capital expenditures related to meeting state, local, or federal social distancing guidelines.

  • Grants are narrowly targeted and appropriately calculated to provide 6 months of operating assistance for small and independent live venue operators and their industry partners.

                 -- Grants are equal to the lesser of 45 percent of gross revenue during 2019; or

                 -- $10 million.

  • To ensure the hardest hit of eligible applicants receive assistance, there are two priority application periods. The first 14 days, only eligible entities that have lost more than 90 percent of gross revenue can apply. The next 14 days, only eligible entities that have lost more than 70 percent can apply. A reserve of 20 percent of overall appropriated funds, $3 billion out of the $15 billion provided, will remain available for all other eligible entities to apply for after 28 days.
  • There is a $2 billion set-aside of funds for eligible entities with 50 or fewer employees to ensure smaller applicants are not left out.
  • An entity is still eligible for a grant if they have received a PPP loan prior to implementation of the program, but the entity may not receive a PPP loan and a grant after implementation of the program.

More details on the SBA program, including the application, can be found here.

Sen. Rath sounds alarm about proposed 'massive new tax on gasoline'

By Press Release

From Sen. Ed Rath (NYS 61st):

"I wanted to update you on a dangerous proposal that has come to light in Albany. Albany Democrats are proposing a massive new tax on gasoline, an estimated 55 cent-per-gallon tax on New Yorkers at the pump. This is on top of the billions in news taxes included in this year's budget.

"This proposed legislation does not just increase the prices at the pump, it will also increase the cost of natural gas heating for homes by 25 percent. New Yorkers already pay enough to fill their cars and heat their homes; this is only going to add to the already overly burdensome taxes we have in our State. This bill, like many others, will disproportionately hurt Upstate and have negative consequences on our communities. 

"As we all know, many New Yorkers are facing some of the hardest times as a result of the COVID-19 pandemic; to increase taxes even further on necessary goods and services is unconscionable. We should be helping our hard-working taxpayers and businesses, not increase their already high costs of living and doing business in New York State."

Northgate church holds Rummage Sale May 7 and 8 to benefit people in Gahanda, Rwanda

By Press Release

Press release:

Northgate Free Methodist Church will once again be holding a Rummage Sale that will be hosted at Northgate’s South Campus, located at 350 Bank St., Batavia.

The sale will take place Friday, May 7 from 8 a.m. - 4 p.m. and Saturday, May 8 from 8 a.m. - 12.p.m.

Donations were collected, sorted, and priced accordingly, all by a volunteer group out of Northgate.

All proceeds from this Rummage Sale will be donated to Northgate’s "Connected Community in Gahanda, Rwanda, Africa. Please consider joining Northgate for this sale and contributing to the livelihoods of those in Gahanda, Rwanda.

For further information, please contact the Northgate office at (585)343-4011 or email office@northgatefmc.com.

Rockin' the Downs tickets go on sale 8 a.m. Thursday, two more Summer concerts added

By Press Release

Press release:

Batavia Downs Gaming & Hotel is pleased to announce the following additions to the upcoming Rockin’ the Downs Summer Concert Series.

Now kicking off the series on Friday June 11th is Almost Queen. The Ultimate Queen Tribute show delivers a live performance, showcasing signature four part harmonies and intricate musical interludes. Donning genuine costumes, Almost Queen recaptures the live energy and precision that is the Queen experience.

Closing the Summer Concert Series now on Aug. 27th will be American rock band The Spin Doctors, who will be making their Batavia Downs debut. Forming in the late '80s, this band went on to commercial success with chart topping hits like "Two Princes" and "Little Miss Can't Be Wrong" from their smash hit album "Pocket Full of Kryptonite."

These two concerts are being put on in conjunction with Buffalo-based twenty6 Productions. 

“We are excited to begin working with Batavia Downs," said CEO and Founder of twenty6 Productions, Josh Holtzman. “We know people have been waiting for the return of live events and we’re looking forward to putting on great shows at Batavia Downs while adhering to all the safety measures instituted by New York State.”

As per guidance from New York State, capacity for all concerts at this time will be 2,500 ticket holders but more tickets will be added if capacity increases. All concertgoers MUST show proof of:

  • A negative PCR COVID-19 test taken within 72 hours of show time;

OR

  • A negative Antigen COVID-19 test within six hours of show time;

OR

  • Must show proof of completed immunization (14 days since final vaccination prior to event date).

There will be a Rapid Antigen test site in the parking lot the day of the concerts in order to allow ticket holders to get a rapid test on event dates. For concertgoers age 21+ with tickets each test costs $34.95. (For any New Yorker age 18 and up without a concert ticket, the rapid test costs $65.)

It his highly recommended that concertgoers get a vaccine or test prior to concert date in order to avoid any wait times on the day of the show. Concertgoers are responsible for scheduling and paying for any tests.

As per New York State Regulations, pairs of seats will be 6 feet apart and masks must be worn unless a person is seated and eating or drinking.

Beginning at 8 a.m. on Thursday, April 29th, tickets for all concerts already announced will be available at www.BataviaConcerts.com. Tickets will be available for purchase at Batavia Downs Gaming & Hotel at the Lucky Treasures Gift Shop located in the lobby ONLY on concert days if any tickets remain unsold on concert date.

Due to limited capacity, concert attendees MUST BE 21 YEARS OF AGE OR OLDER. A limit of four tickets purchased per person will be enforced.

If between now and the concert date the regulations change, then Batavia Downs will adopt any modifications. Ticket holders are encouraged to visit www.bataviadownsgaming.com or their social media pages to stay up to date on any new information.

Ag Society board waiting on guidance from governor's office on how to proceed with fair

By Howard B. Owens

Press release:

In light of the Governor’s press conference today, the Genesee County Ag Society and its volunteers that make the Genesee County Fair possible, have been receiving an abundance of emails and phone calls questioning whether we will be able to hold the Genesee County Fair for 2021.

At this time, while it is promising that the State Fair will go ahead with planning for the 2021 season, we, the county fairs, have not been given any guidance as to what or how we should be planning for Fair Season. 

The Genesee County Ag Society volunteers have been moving ahead with plans for the Genesee County Fair, to be held July 24-31.

In 2020, we were able to hold the Livestock shows for our youth and did so successfully. We are hoping to continue with that in 2021. We are looking to expand upon what we were able to do in 2020, but please know that we are working closely with Genesee County officials and our Genesee County Health Department so that we can keep our attendees safe while adhering to New York State Guidelines. 

We are hoping that, in the near future, the Governor and his office will be addressing how the county fairs should proceed so that we can move forward with some great entertainment and Livestock shows for our community.

Stay tuned, as we wish to keep the community and our supporters updated on how we are able to proceed with our Genesee County Fair July 24-31.

Opt in or opt out? Council seeks more information about state law allowing recreational marijuana use by adults

By Mike Pettinella

The implementation of New York’s recently passed legislation allowing the recreational use of marijuana for residents 21 and over is a year or two away, but the Batavia City Council believes it’s not too soon to gather as much information as possible and to gauge the pulse of its citizens.

At their Conference Meeting tonight at City Hall, Council members and City Attorney George Van Nest engaged in a 33-minute back-and-forth discussion about the new state law, officially known as the Marijuana Regulation and Taxation Act.

Council Member Robert Bialkowski asked to have the topic placed on the agenda and Batavian Sammy DiSalvo, during the public comments portion of the meeting, said he wanted to know if the board has taken a position – either for it or against it.

“With the passage of the MRTA about three or four weeks ago, municipalities have until December 31st of this year to opt out of allowing – I think it’s either the sale or places to pop up to either use drugs, specifically pot, in a recreational kind of way,” DiSalvo said. “Is the city leaning toward banning all of that? Because you can opt out up until December 31st -- after December 31st you can no longer opt out, but can opt back in.”

Van Nest concurred with that assessment, adding that municipalities can opt out “through a local law adoption” and they have to do so before the end of 2021.

“If that local law is filed, basically it doesn’t become effective for 45 days, giving the public to file a referendum or a petition seeking to have that question brought before the voters,” he said. “So, essentially what is required is a trigger of 10 percent of the electorate – the voters for the last electorate, rather – and then, if a sufficient petition is filed with sufficient numbers, the question of whether or not the opt out would go before the public in a subsequent election.”

Bialkowski kicked off the discussion, inquiring about the effects of secondhand smoke from marijuana on children. That prompted Council President Eugene Jankowski Jr. to point out that, like cigarettes, marijuana use would not be allowed at city parks. But, under the new law, adults would be free to smoke cannabis in their homes and on a public street.

Jankowski said he learned from a webinar with the New York Conference of Mayors that businesses would be limited to being either a grower, seller or an on-premise place of consumption. He added that the state has set up a Cannabis Control Board, a five-member group that will be working with an advisory committee to create the Office of Cannabis Management.

According to published reports, the CCB is expected to be in place within a few months, and will get the process rolling for the granting of licenses to dealers and formulating rules and regulations.

After Council Member Al McGinnis said that federal laws on marijuana will supersede state laws, specifically mentioning federally operated housing and the inability to purchase a gun, Jankowski said he thought it would be wise to wait until regulations are adopted and then for Council to direct City Manager Rachael Tabelski to “get involved in the code enforcement planning process.”

Jankowski said he believed the city would be limited in what it could do, other than define the location of a dispensary and possibly the hours of operation. He said he liked the idea that the law adds to the control, regulation and safety aspects of marijuana, which would stop juveniles from getting their hands on it.

He also indicated that he was keen about the fact that municipalities with a dispensary will receive 3 percent of a 13-percent excise tax on marijuana sales.

Jankowski’s contention was that if Batavia was to opt out, a dispensary could be set up just outside the city limits and the city would miss out on revenue that could go toward increased police patrols or other measures to mitigate any negative effects of legalized pot smoking.

Council Member Rose Mary Christian wasn’t buying that reasoning, however. She said that it’s “absolutely correct that it (marijuana) is already out there” and the law was passed only because the state needs the money.

“They really don’t give a damn about kids or adults, and the fact that they would be loaded all the time and cause accidents like they are in the state of Colorado,” she said, calling for Council to opt out as soon as possible.

Van Nest then weighed in, noting that while the use is authorized at this point, the actual sales likely won’t happen until 2022 or 2023 as it will take that long to set up the regulating agencies and parameters concerning consumption, growing and sales. The attorney also said that cannabis will be treated in the same manner as cigarettes and vaping when it comes to secondhand smoke.

“Relative to the zoning issue, it’s going to be up to the municipalities whether or not they want to regulate time, place and manner,” he said.

Jankowski said he was advised that people will not be able to grow marijuana plants until all the regulations are in force.

“I think a lot of people are thinking, ‘Hey, in a couple of months I’ll have my own supply – it’s legal now.' But technically, they’re not allowed to grow it because if you grow it and give it away … it becomes a violation …,” he said.

The council president then asked his colleagues how they felt about opting out.

Christian said she was in favor of that, while Bialkowski brought up the possibility of a public hearing to get residents’ opinions. Van Nest said no to a public hearing but stated that a public information meeting would be in order.

After Jankowski said an opt out wouldn’t really solve anything because people could purchase marijuana and transport it back to the city, Christian said she wasn’t worried about other areas, just the kids in Batavia.

Jankowski said it wasn’t his responsibility to tell adults how to live their lives before Bialkowski suggested having someone from the outside – a professional – come to a Council meeting to educate the board members.

Again, on the opt out, Jankowski said, “I personally think it’s a waste of time and we’re cutting ourselves short by not at least regulating it and keeping an eye on it, and keeping it close so we can pay attention to what’s going on. If we have a problem, then at least we have some money (from the excise tax) to compensate for that problem."

Council members Patti Pacino and Kathleen Briggs said they would support “an expert” coming in to advise them about the provisions of the law, leading Jankowski to say he didn’t want to have 500 people at a meeting with half against it and half for it, “and not really resolving anything.”

Council Member John Canale compared the situation to that of alcohol sales, concluding that opting out won’t accomplish much by disallowing sales in the city because people will “walk in and buy it (pot) and walk out with a bag in their hand.”

Canale then suggested getting public input, asking residents to contact their councilperson with their thoughts on the matter. He added that he didn’t think there will be much of an outcry either way.

In the end, Jankowski said the issue would be “tabled for now” and reconsidered when Council hears more from the state. He then asked Tabelski to keep Council informed as new developments occur, once again mentioning that the city would receive 3 percent of the excise tax generated by cannabis sales.

New York State officials are indicating that marijuana sales are expected to generate $350 million in revenue to the state per year, and around 50,000 jobs will be created.

Previously: Marijuana use debate takes new twist now that NYS has legalized recreational use for adults

During a Special Business Meeting after the Conference Meeting, City Council passed resolutions, as follows:

  • Hiring of a police officer and two firefighters and funding special police details after learning that an additional $262,656 was coming to the city in state Aid and Incentives for Municipalities’ funding. Tabelski noted “the stability of AIM money” in her recommendation to unfreeze these positions, which were left vacant during budget deliberations.
  • Contracting with Keeler Construction Co. Inc., of Albion, to replace an old and inefficient air header – a key component for providing oxygen back into the ponds to digest waste at the wastewater treatment plant. The amount of the contract is $777,425. The air header replacement is part of a $1 million wastewater treatment plant project.
  • Applying for a grant for $328,000 from the Northern Border Regional Commission, which would cover 80 percent of the cost to upgrade water lines on Bank Street between Main Street and Washington Avenue in support of future development projects as well as improving water pressure for fire suppression. The City would be responsible for 20 percent – or $82,000 – of the project’s total cost.

Genesee County has 22 new coronavirus cases since Friday, IT issues delay release of some data

By Press Release

Press release:

Genesee County is reporting 22 new positive cases of COVID-19 from the weekend and today. The County is having IT issues and the breakdown will be updated as soon as the issue is fixed, hopefully in the next day.

  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford) 
  • One of the new positive individuals was a resident of the NYS Veterans Home.

 

Orleans County reporting 30 new positive cases of COVID-19.  

  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 80s.
  • Three of the current positive individuals were on mandatory quarantine prior to testing positive
  • Thirty-eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.
  • Two of the new positive individuals are inmates at the Albion Correctional Facility.

New daily intercity bus service links Batavia en route to New York City starting May 12

By Press Release

Press release:

OurBus announced today a new cooperation with family-owned transportation company Niagara Scenic Tours to offer daily intercity bus service linking Batavia with seven cities in New York and one in Pennsylvania. The route goes through Niagara Falls, Buffalo, Batavia, Geneseo, Corning, Elmira, and in Pennsylvania -- Sayre, en route to New York City, starting May 12.

Also, passengers can make connections to points all across New York and New Jersey with stops at the Greater Binghamton Transportation Center in Binghamton and Bridge Plaza in Fort Lee, N.J. 

OurBus’ technology and service empowers bus companies and local communities alike to increase regional transportation options, connecting people to jobs, medical appointments, and education in larger cities.

Niagara Scenic Tours’ high-end, charter-style motorcoaches will be used on the route, equipped with wifi, power outlets, and overhead storage. Passengers can book rides instantly, track the bus in real time, and rest assured with the best customer service in the industry, as reflected in OurBus’ 4.4/5 star rating from more than 8,000 riders. 

“OurBus believes that movement is essential to human nature. And as people get vaccinated, they can finally travel to see their friends and family,” commented OurBus cofounder Axel Hellman. “This route will help people see those familiar faces as well as get back to work and school.”

Tickets are sold on OurBus.com or on the OurBus App, eliminating the hassles of buying paper tickets. OurBus rides can be cancelled or rescheduled without fees. Fares to New York start at $45, and vary based on demand. Rates for shorter trips to points within Western New York are as little as $7.

Starting May 12, buses to New York City depart daily from the Citgo station on Park Road in Batavia at 7:30 a.m.

“Our company has been serving the region for over 45 years with our charter and tour services," said Niagara Scenic Tours’ Vice President Hadley Bos-Fisher. "We are thrilled to offer a daily, express bus route to meet the transportation needs of our community.”

CDC guidelines for travel are in place, including enhanced cleaning procedures. Hand sanitizer is available on the bus, and passengers must wear a mask covering the mouth and nose at all times. 

About OurBus

Rally and OurBus together represent the leading marketplace for regional travel in the United States. Founded in 2016, OurBus has a network of intercity services that connect 100+ locations. With their customer-first approach they disrupt the legacy incumbent companies and grow the intercity transportation market.

Search schedules and buy tickets at ourbus.com or the app. OurBus does not own or operate any buses, and employs no drivers or mechanics. Access brand guidelines, logos and media files here.

NIAGARA SCENIC TOURS, a locally owned and operated business, offers the personal touch that differentiates us from the competition. We have been serving the Western New York community and beyond for more than 45 years. Today, the company services transportation and travel needs throughout the greater Western New York area including the Greater Buffalo/Niagara region, Greater Rochester area, as well as Olean and Southern Tier New York State and Northwest Pennsylvania.

Pavilion man accused of grand larceny, first-degree coercion, also faces drug and weapon charges

By Billie Owens

From the Village of Le Roy Police Department:

Jared S. McDonald, 27, of South Street Road, Pavilion, was arrested by the Le Roy Police Department on April 23, following the execution of a Search Warrant.

McDonald was charged with grand larceny in the second degree, a Class C felony, and coercion in the first degree, a Class D Felony.

As a result of the Search Warrant, McDonald is also facing several from the Genesee County Drug Task Force, including: multiple counts of criminal possession of a controlled substance with the intent to sell in the fifth degree; criminal possession of a controlled substance in the in the seventh degree; criminal possession of an assault weapon in the third degree; criminal possession of a weapon in the third degree; and criminal possession of a weapon in the fourth degree.

On April 19 the Le Roy Police Department received a complaint of property taken by means of extortion on April 14. It is alleged that the defendant placed the victim in fear of physical injury if the victim did not sign various items of property over to him. 

During the investigation, it was allegedly discovered that the stolen property was still in McDonald’s possession at his residence in Pavilion. Further investigation led officers to believe that McDonald was selling controlled substances out of his residence and was also in possession of firearms.

A Search Warrant was executed on April 23 at McDonald’s residence, due to items McDonald was believed to be possession of. The Le Roy Police Department was assisted by the New York State Police Special Operations Response Team, members of the Genesee County Drug Task Force, and members of the New York State Police Community Narcotics Enforcement Team.

McDonald was found to allegedly be in possession of a quantity suspected methamphetamine, psilocybin mushrooms ('shrooms), lysergic acid diethylamide (LSD), other controlled substances, drug paraphernalia, firearms, and the property that was previously reported taken from the victim.

Some of the offenses McDonald was charged with did qualify for prearraignment detention under the NYS Justice Reform Act. The District Attorney’s Office was contacted for a bail recommendation due to the level of the offenses. It was advised that McDonald should be jailed on $2,500 cash bail, $5,000 bond, or $20,000 partially secured bond.

McDonald was arraigned in court (unspecified) by Justice Randy Baker then released under supervision of Genesee Justice. He is to return to court on June 16 to answer to the charges.

GO Health offers first-dose Moderna vaccinations for New Yorkers 18 and older

By Press Release

Press release:

The Genesee and Orleans County Health Departments (GO Health) have first-dose Moderna vaccination clinics with appointments available targeting those who are 18 and older and open for any New York State individuals who reside, work or study in the state.

“We have first-dose Moderna vaccination clinics scheduled on Tuesday, April 27th at the Ridgeway Fire Hall, Route 104, Medina; and on Wednesday, April 28th at the Athletic Center at Genesee Communiyt College Batavia Campus Center,” said Paul Pettit, Public Health director for GO Health.

“These clinics are open to anyone who is 18 and older. We want to see all of these clinics filled up with those who can also commit to returning for the second dose of the Moderna vaccine 28 days later."

Walk-ins will be accepted at both clinics from 10 to 11:30 a.m.

Currently in New York, being fully vaccinated will begin to offer opportunities that have been limited for the past year. Anyone who is fully vaccinated (two weeks after the J&J vaccine or the second dose of Pfizer and Moderna) will be able to participate in various activities without having to be tested for entry for events such as professional sports, weddings with more than 100 guests, proms, graduations and more.

Also, when fully vaccinated, the individual will not have to quarantine if they are exposed to someone who has tested positive for COVID-19. Most importantly, you are protecting your health along with others you come in contact with.  

Visit the vaccination webpage at https://bit.ly/GOHealthVaccine. Choose either the GCC Moderna Clinic or the Orleans Moderna Clinic button and follow the directions. Keep the link handy, as there will be other clinics moving forward.

The buttons are live when we have that particular vaccine available. If the clinic is full or we do not have vaccine, it will show "No Appointments Available." Please share this information with family, friends, coworkers and social groups.

For those who do not have internet they can call the GO Health Vaccine Registration Help Lines:

Genesee: (585) 815-7168

Orleans: (585) 589-3170

These lines are ONLY to make vaccine appointments, are not able to answer COVID-19-related questions AND are not associated with either Health Department.

If you are interested in making an appointment to get your COVID-19 vaccination, now is the time to do it locally!

If you are a business/organization, have 50 or more people that is interested in hosting a vaccination clinic at your location, please fill out the survey: https://www.surveymonkey.com/r/GOHealthPopUpVaccineClinic

For those who are seeking testing, both health departments provide limited free rapid testing for those without symptoms at the respective Health Departments. For Genesee County, rapid test drive-through clinics are scheduled for April 27th and 29th at County Building #2, 3837 W. Main Street Road, Batavia. For Orleans County, rapid test clinics are scheduled for April 28th and 30th at the Orleans County Health Department at 14016 Route 31 West, Albion.

To register for testing go to the GO Health testing page: https://orleanscountyny.org/covid19testing/ and choose your preferred clinic location. Follow the directions.

Blue Devils bury Newark in semifinal 43-13

By Howard B. Owens

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The Blue Devils ran away from Newark at Van Detta Stadium on Saturday evening to secure a shot at another section title.

The final score, 43-13.

They next play Honeoye Fall/Lima at 7 p.m., Saturday, at HFL.

Terrez Smith scored on touchdown runs of 78 and 85 yards along with a 16-yard scamper and gained a total of 153 yards on 16 carries. Jesse Reinhart was 3-6 passing for 117 yards and two TDs. Tyler Budziniack gained 82 yards on his two TD receptions.

On defense, Kaden Marucci had 14 tackles. Mathew McWethy, seven, Dan Saeva, six, including a tackle for a safety, and Jayden Osborne had six. Reinhart had an interception.

Photos by Jim Burns. For more, click here.

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Three field goals propel Alexander to 9-7 win over OAE

By Howard B. Owens

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The Alexander Trojans defeated Oakfield-Alabama/Elba is a Section V playoff game at Van Detta Stadium on Saturday without scoring a touchdown. 

Eric Cline kicked field goals of 26, 23, and 37-yards to secure the victory.

Head Coach Tim Sawyer said his team came into the game as the underdog and road not just Cline's leg to victory, but defense, special teams, and offensive ball control all kicked in when needed to hold OAE at bay.

The Trojans will play next week in their fifth-straight Section V championship game.

"Defensive Coordinator Matt McCracken dialed up another big defensive game plan and the players performed it to a 'T,' " Sawyer said.

With eight seconds left in the game, OAE had a chance to turn the tables on Alexander with its own field goal attempt but the kick was blocked by Devin Dean.

Brayden Woods ran 21 times for 69 yards, Nick Kramer led the Trojans in rushing with 93 yards on 18 carries. Kramer was 2-3 passing on the day.

On defense, Spencer Wuest had two fumble recoveries and Kramer added an interception in the fourth quarter to stall out an OEA drive. Kramer led the Trojans with 10 tackles. Jake Laney had eight tackles. Dean had eight tackles.

Alexander meets Avon next week for the Class D sectional title.

For OAE, QB Bodie Hyde was 4-5 passing for 76 tards. He ran six times for 114 yards and a touchdown. Ty Mott, 20 carries, 91 yards. On defense, Peyton Yasses, 13 tackles. Dontrell Jenkins, seven tackles, a sack, a forced fumble, and a fumble recovery. Kaden Cusmano, eight tackles and a sack.

"Hats off to Alexander today," said OAE Head Coach Tyler Winter. "They won the turnover battle and the battle at the line of scrimmage. It is very difficult to win a football game when you are 0-2 in those two categories. We had an opportunity to win it at the end, but we couldn't make enough big plays when it counted. 

"All in all, I feel that this was a huge first season back in 11-man football," he added. "These boys did a ton of great things all year. Today was obviously not the outcome that any of us wanted. This senior class can hold their heads high and be proud of their careers, while the underclassmen can use today as a valuable learning experience for the future. We'll be back."

Photos by Kristin Smith. For more, click here.

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