Batavia Downs Gaming is on its way to another year of record earnings, the chief financial officer for Western Regional Off-Track Betting Corp. said this morning.

“Surcharge and earnings distributions are up 175 percent this year compared to the same point in 2021 and we’re about $500,000 away from 2021’s earnings distribution of $4.9 million – which was the best ever for the corporation,” said CFO Jacquelyne Leach, following today’s board of directors meeting at the Park Road facility.

Year-to-date earnings and surcharge for 2022 are at $4,713,508, broken down as follows: $4,340,130 in earnings and $373,378 in surcharge, Leach reported. Compared to last year at this time, the total earnings and surcharge distributions were $1,716,870.

“At this pace, this will be the highest earnings year in the corporation’s history,” Leach said.

She said that the public benefit company will be distributing $2,606,704 in second quarter earnings and June surcharge to its 17 member municipalities next week.

Genesee County will receive $53,903 from the second quarter earnings pool and $951 from the surcharge pool, bringing its year-to-date earnings and surcharge distribution to $99,251. For all of 2021, Genesee County received $36,190 in surcharge and earnings distributions.

Resolutions passed by the board during its meeting include:

• Finalization of an agreement with the Western New York Harness Horsemen’s Association to add 15 racing dates in January and February 2023 to the current schedule. WNYHHA has agreed to pay all expenses associated with conducting the additional dates – expected to be around $300,000, according to WROTB President Henry Wojtaszek. The dates will be announced after approval of the contract by the New York State Gaming Commission.

• Authorizing WROTB to pay $140,000 for the Town of Batavia, through general contractor CATCO, to install a new 12-inch sewer line during the Park Road Reconstruction Project. Previously, the Batavia Town Board voted in favor of the agreement, which calls for WROTB and Genesee Park Place Associates to share the cost of about 700 linear feet of sewer pipe.

• A contract with Audio Images Sound & Lighting of Batavia for $150,000 to set up the stage, concert lighting and associated equipment for the Rockin’ The Downs Concert Series this summer. Wojtaszek acknowledged that the contract should have been presented to the board sooner, since the concert series is halfway done, but said the amount was negotiated prior to the start of the series.

• Expenditures totaling up to $130,000 for food and beverages at three Western New York venues during events sponsored by WROTB for customers. The amounts are $75,000 at Key Bank Center in Buffalo (Buffalo Sabres, Buffalo Bandits, concerts); $30,000 at Blue Cross Arena in Rochester, and $25,000 at Highmark Stadium in Orchard Park (Buffalo Bills, concerts).

• Agreements with the WNYHHA to evenly split the cost of the purchase of a new 621 G Z Bar Case Loader from Monroe Tractor and a new T450 Track Loader from Clark Equipment Co., which will be used to maintain the harness track. The first piece of equipment costs $186,412.59 and the second one costs $54,786.63.

• A change order of the contract with Suburban Electric, Inc., in the amount of $22,709.36 for electric work associated with the lighting of the parking lot adjacent to the new warehouse and cold storage facility on the ground’s south end. Wojtaszek said the total cost of the project is around $1 million and it is near completion.

• Acceptance of a purchase offer of no less than $450,000 from Laur Properties, LLC, for the OTB branch that has been for sale on Military Road in Niagara Falls.

Things got a little steamy for Genesee County legislators Tuesday night.

The group walked in the county’s fair parade and then worked the Chuckwagon for the evening.

“As we all know, we're probably still a little warm from last night,” County Chairwoman Shelley Stein said during the Legislature meeting Wednesday. “And I will tell you, this is a group of hard-working people. We were on the front lines, and sometimes we lost our way. But as a group, we worked really well together. It was team building.”

Never mind the heatstroke, slightly tinged fingers, or burned hands on those front line volunteers, she said, with one legislator serving as the fry guy, another tracking the money, others flipping burgers and all of them otherwise absorbing the grill’s heat.

It was for a good cause, Stein said: the proceeds went to the Genesee County Agricultural Society, a group of volunteers who plan, organize and implement the weeklong event.

“It was an opportunity to see Genesee County agriculture shine,” she said. “Hats off to the Genesee County Fair.”

Fair activities have been scheduled every day since a horse show kicked off the event last Friday evening. It runs through Saturday at the fairgrounds on Route 5, Batavia. Click here for the schedule

Top photo: Genesee County Legislators John Deleo, back, Gary Maha, center, and Christian Yunker, front, work the food service at the Chuckwagon Tuesday at  Genesee County Fair. Above, the legislators participate in the fair parade. Photos submitted by Lisa Casey.

This year’s theme for Parks and Recreation Month, assigned and organized by the National Recreation and Park Association, is to “Rise up” in support of the many parks and recreational activities throughout the country, and especially for those that help to make it all happen.

Genesee County Legislature heeded that call Wednesday and presented a proclamation to Deputy Highway Superintendent Paul Osborn and Conservation Education Program Coordinator Shannon Lyaski in honor of July’s Parks and Recreation Month designation.

Lyaski acknowledged how much volunteers "have added to the facilities and programs" within the parks and recreation department.

“We appreciate that, and how many opportunities there are to enjoy those blessings we have, and that natural environment,” Lyaski said during the Legislature’s meeting at the Old Courthouse. “It means that the community supports us and appreciates us. Thank you very much for your support.”

Both county employees have worked on Genesee County Park and Forest to ensure that its seven programs and grounds, including the Interpretive Nature Center, are well maintained and operate smoothly. County history cites that, for more than 30 years the park has developed because of the interest and dedication of community groups and organizations such as 4-H, Boy Scouts, BOCES, Jaycees, Lions Club, Sertoma and Vietnam Veterans. These groups planted trees, constructed pavilions and playgrounds, cleared hiking trails, and placed memorials.

There is also DeWitt Recreation Park on Cedar Street, complete with grounds, a walking path, pavilions, and a pond.

Thanks to those volunteers and committed employees Osborn and Lyaski, residents can enjoy DeWitt's popular offerings and 430 acres of forest and rolling hills, which includes over 10 miles of trails, five ponds, and a variety of wildlife, trees and woodland plants.

Osborn has a Bachelor's Degree in Landscape Architecture from the State University of New York College of Environmental Sciences and Forestry. He has been with Genesee County for more than 23 years and said that none of his department’s success could have happened without ample support.

“We’ll continue to do that with your support, and with the support from the cities, towns, villages, the state and the federal government,” he said.

The National Recreation and Park Association established the Rise Up theme to recognize all of the professionals “who build strong, vibrant and resilient communities through the power of parks and recreation.”

“This July, we are bringing attention to how important it is to rise up and support our field because every day, park and recreation professionals rise up for their communities in service of equity, climate-readiness, and overall health and well-being,” the organization’s website states.

“There’s no better way to celebrate Park and Recreation Month than by highlighting the people who faithfully serve their communities all year long. Join us this July as “We Rise Up for Parks and Recreation.”

According to county history, did you know that …
Genesee County Park & Forest, at 11095 Bethany Center Road, East Bethany and which attracts thousands of visitors each year, was established in 1915 and is recognized as the first County Forest in New York State?

The land was originally purchased in 1882 in order to supply wood to the County's Poor House for cooking and heating.

The County Forest was created through the efforts of George Fleming, County Home superintendent, who initiated the planting of 31,000 trees. During the 1920s, New York State helped by providing the evergreens and manpower to plant additional trees. By 1935 over 169,000 trees had been planted.

The first proposal for the creation of a County Park was entertained in 1949; however, the project was not started until 1966, when the thinning and pruning of trees began. As the park expanded so did the need for forest management. In 1971, the County Legislator appointed the first full-time Park Supervisor-Forester.

In 1998, an Interpretive Nature Center was erected in the park. Constructed by volunteers and funded by environmental grants, the Nature Center is open year-round. The Nature Center houses several environmental education displays and plays host to a variety of interpretive programs. An environmental educator is on staff to assist residents and coordinate volunteer efforts.

For more information about county parks, click here

Photo: Genesee County Legislator Brooks Hawley looks on as Shannon Lyaski says a few words of gratitude and thanks, and Paul Osborn stands to her right during the county Legislature meeting Wednesday. Photo by Joanne Beck.

Families enjoy another Kids Day today with fun and entertainment at the Genesee County Fair.

To view or purchase photos, click here.

Photos by Steve Ognibene

Daily at the Fair:

• Air Sculpture (Balloon Display and Demonstrations) (All Day, Every Day)
• Pig Racing – Show Schedule (SAT: 3pm, 5pm, 7pm, SUN: 3pm, 7pm, MON: 3pm, 7pm, TUES: 4pm, 6pm, 8pm, WED: 2pm, 4pm, 6pm, 8pm, THURS: 4pm, 6pm, 8pm, FRI: 2pm, 4pm, 6pm, 8pm, SAT: 2pm, 4pm, 6pm, 8pm)
• Niagara Down Under (All Day, Every Day)
• Pony Rides (All Day, Every Day)
• Chain Saw Carver (All Day, Every Day)
• Fame Racing Schedule – Saturday: 2,4,6 Sunday: 2,6 Monday: 2,6 Tuesday: 3,5,7 Wednesday: 1,3,5,7 Thursday: 3,5,7 Friday: 1,3,5,7 Saturday: 1,3,5
• Johnny Muttville Comix Schedule – Saturday: 1, 3:30, 5:30, Sunday: 1, 4, 5:30, Monday: 1:30, 4, 5, Tuesday: 2, 4:30, 6:30.

Thursday, July 28th – HP HOOD DAY

• 9 AM – 4-H Dairy Show (Main Show Ring)
• 9 AM—4-H English Horse Show (Horse Arena)
• 10 AM – Exhibition Halls & Buildings Open
• 5 PM – 10 PM—MIDWAY OPEN
• 4 PM—Faith at the Fair (Entertainment Tent)
• 5 PM—Color War (Lawn North of Fair Restrooms) Sponsored by LuGia’s on Wheels
• 6:30 PM – 4-H Market Animal Auction Sale Begins (Main Show Ring)
• 10 PM – Exhibit Halls & Buildings Close

Events & times on the schedule and this website are subject to change. Follow us on Facebook to keep up to date with changes.

 

More than 75 volunteers from City Church were on Watson Street in Batavia on Tuesday morning cleaning up the street and the yards of residents -- doing whatever they could to improve the upkeep of the yards, the street, and the sidewalk.

The visit was part of a ministry called Eight Days of Hope.

A lot of times, noted Ryan Macdonald, a pastor at City Church, people who don't make a lot of money find it a lot harder to do the simple things to maintain their property, and Eight Days of Hope offers assistance without any judgment.

"As an example of what we're speaking about -- trash bags," Macdonald said. "Trash bags aren't cheap any more. And so if you can't afford to buy a pack of trash bags that puts you in a tough spot with trash, and so what we've been working on today is some cleanup, some pickup, and not pointing a finger. Just helping."

Eight Days of Hope just finished a project in Buffalo, where the organization, which works nationally, helped more than 1,000 people.

"Their mission is to help people, to love on people, to bless people," Macdonald said. "They care for people. They care for the nation. They care for neighborhoods that need a little extra help, and they just want to bless people." 

Top photo: Ryan Macdonald. Photos by Howard Owens. 

Steven C. Sharpe, director of emergency communications for the Genesee County Sheriff's Office, has resigned his position effective Sept. 3, according to a memo Sheriff William Sheron sent to department personnel today.

In an email to The Batavian, Sheron confirmed Sharpe's resignation but did not address a question about why he resigned.

"Search for his replacement will begin shortly," Sheron said. "There will be no interruption to dispatch services."

The Batavian did not attempt to contact Sharpe until after hours.  This post will be updated with any response we receive.

Sharpe was instrumental in migrating the Emergency Dispatch Center to the Phase II P-25 TDMA system radio system installed by Harris RF in 2013.

In 2016, Sharpe, an Air Force veteran, was named PSAP (Public Safety Access Point) Finest Director of the Year award. The award was sponsored by emergency communications company NICE.

Every part of Upstate New York, including Genesee County, will benefit from his bill to spur development in computer chip and technology manufacturing, Sen. Charles Schumer said today during an online press conference with reporters from throughout New York.

Upstate has more shovel-ready business park sites than any other region in the nation, and WNY-STAMP is among those sites drawing interest from semiconductor manufacturers with the likely passage of this bill, Schumer said.

"There are a whole number of companies that were thinking of going overseas to Europe or to Asia, that with this bill have now said they're going to locate in the United States," Schumer said in response to a question from The Batavian. "We have some of the great sites including the STAMP site in Batavia and we're going to do everything we can to lure them. And remember, they depend on the Commerce Department to get some grants for this. These are large grants, and I am going to, as Majority Leader, I think, I'll have some say with the Commerce Department."

The CHIPS and Science Act of 2022 creates $50 billion in funding designed to provide financial assistance to chip manufacturers and other technology companies to build factories in the United States.

The bill passed the Senate today and Schumer, who authored the bill and has doggedly pursued it for a long time, said it will easily pass in the House of Representatives.

Schumer pushed for passage, he said, because the U.S. must beat China in chip manufacturing and because he believes spurring innovative growth in high-tech will benefit all of New York, especially Upstate New York.

"I wrote this bill with the future of Upstate New York in mind," Schumer said. "The bill creates $50 billion in federal incentives to bring semiconductor manufacturing back to the US. And guess what place in America is most suited to get these plants? Upstate New York. There are places in Albany and Syracuse and Western New York that have shovel-ready sites that the big tech companies are already looking at for new chip fabs."

So far, China has been winning the chip manufacturing war, Schumer said. He wants to shift the momentum back to the United States.

"It's time to build our future in Syracuse, not Shanghai; in Buffalo, not Beijing," he said.

He said the odds are high that semiconductor manufacturers are going to look to Upstate New York for their new plants, which will employ thousands of people in high-paying jobs.

"We're gonna go all out and we're going to beat China," Schumer said.

WNY STAMP, located in Alabama near the intersection of Route 77 and Judge Road, is more than 1,100 acres set aside for advanced manufacturing.  GCEDC has been pursuing tenants for the park for more than a decade, and after coming close with 1366 Technologies in 2015 (a project that failed, according to sources, because of then Rep. Chris Collins' unwillingness to support it), the IDA succeeded last year when Plug Power agreed to make a $232.7 million investment to build a new hydrogen fuel plant at the site.

Steve  Hyde, president and CEO of GCEDC, said the agency is pleased with the passage of the bill.

"Senate Majority Leader Schumer has long-championed upstate New York as the ideal region for critical growth of the domestic semiconductor manufacturing and R&D investments due to our university research and talent, our established and ever-growing semiconductor supply chain, along with our considerable capacity of renewable, reliable, and competitively priced electricity," Hyde said in a statement. "We applaud Senator Schumer for his leadership, and stewardship in getting Congress to pass the Chips and Science Bill, which will be the catalyst to growing the high-tech economy at the Western New York Science & Technology Advanced Manufacturing Park (STAMP) and all across upstate New York."

For all prior coverage of WNY Stamp, click here.

For a press release from Sen. Charles Schumer with more details about the bill, click here.

UPDATE:  The Hill is reporting that because of a deal between Sen. Joe Manchin and Sen. Charles Schumer on a reconciliation bill, Republican members of the House of Representatives will now, as of Wednesday evening, oppose the CHIPS bill.

Top photo: Sen. Charles Schumer in a screenshot of today's press conference.

Aerial photo courtesy GCEDC showing Plug Power under construction and the WNY STAMP acreage. 

Press release:

On Tuesday, United Way of Greater Rochester and the Finger Lakes announced $400,000 in impact grants to 52 nonprofits across Genesee, Livingston and Wyoming counties. Programs that will benefit from these grants include summer camp and after-school programs, food pantries, domestic violence prevention programs, etc. This announcement comes as United Way marks one year since its six-county merger.

“It has been an incredible year, bringing together the power of a region to serve our local communities and these grants awarded today are a great example of how we rally together as a region to address critical issues in our community,” said Jaime Saunders, President and CEO of United Way of Greater Rochester and the Finger Lakes. “We are grateful to all of our generous donors and workplace partners that run employee campaigns and make the grants announced today possible.”

More than $100,000 in grants will benefit summer camp and after-school programs. The GLOW YMCA is one of the organizations that will receive United Way grants.

“We service 10 school districts across the Genesee and Livingston counties. For this upcoming school year, we’re already planning on impacting 166 families,” said Greg Reed, District Executive Director of GLOW YMCA. “The Y never denies service due to inability to pay and funding from United Way plays an insurmountable part in that.”

97 workplaces across Genesee, Livingston, and Wyoming counties participate employee campaigns to help raise funds for United Way. Canandaigua National Bank and Trust has created a six-county challenge grant, matching every new and increased donation to United Way up to $500,000.

“The entire CNB team is extremely proud to make such a large investment in United Way and our region,” said Vince Yacuzzo, Vice President and CFO of Canandaigua National Bank and Trust and United Way board member. “The campaign year is not yet over, so we encourage people to take the opportunity to take this opportunity to double their impact.”

Organizations that will benefit from the impact grants are:

• Genesee County
• All Babies Cherished Pregnancy Assistance Center
• American Red Cross Western New York Chapter
• Arc GLOW
• Boy Scouts of America, Iroquois Trail Council, Inc.
• Care-A-Van Ministries
• Community Action of Orleans and Genesee, Inc.
• Genesee Council on Alcoholism and Substance Abuse
• Genesee County CASA for Children
• Genesee Orleans Ministry of Concern, Inc.
• Genesee-Orleans Regional Arts Council
• Gillam Grant Community Center
• Girl Scouts of Western New York
• GLOW YMCA
• Homecare and Hospice
• Hope Center of LeRoy
• Junior Achievement of WNY
• Literacy West NY, Inc.
• PathStone Corp
• Project Stork Inc
• The Salvation Army- Batavia Corps
• VIA Visually Impaired Advancement f/k/a Olmsted Center for Sight
• Warrior House of WNY
• YWCA of Genesee County, Inc.

Photos by Howard Owens

Top photo: Greg Reed, District Executive Director of GLOW YMCA at the podium.

Jaime Saunders, President and CEO of United Way of Greater Rochester and the Finger Lakes. 

Vince Yacuzzo, Vice President and CFO of Canandaigua National Bank and Trust and United Way board member.

Press release:

Effective immediately, we are closing York Road in Pavilion, just west of pole #7272, between Perry Road and South Street Road.  There will be no traffic allowed through.  It will be closed for approximately 24 hours.

In a do-it-yourself career that goes back about a decade, Jocelyn and Chris Arndt, who front the band Jocelyn & Chris, have never been ones to sit idle for long.

“We’re always racing ahead and looking for the next thing to do,” Jocelyn said in a late-July phone interview.

But a pandemic can stop just about anything. And that’s what happened in March 2020, just as this brother and sister from Fort Plain in upstate New York were finishing a new album planned for release ahead of a summer tour.

The band had seen their career gain momentum in 2019 when Jocelyn & Chris made their national television debut, performing the song “Outta My Head” on the “Today Show,” while the song “Kill in the Cure” charted on AAA radio.  So it wasn’t great timing to see a major tour get canceled, and the new album put on hold.

But the album, “Favorite Ghosts,” benefited from the pause. 

The Arndts, who write all of their songs together, re-examined their new songs and realized some weren’t everything they could be. And now that “Favorite Ghosts” is out, they feel things worked out for the better. 

“Honestly, I’m thankful for the album being the way it is,” said Chris, who joined his sister for the interview. “I’m more proud of it than anything else that we’ve ever made. But it’s a little bit funny to think about the fact that the version that the world almost got (two years ago) is so different from the version that the world ended up getting.”

The Arndt siblings are justifiably proud of “Favorite Ghosts.” They have three impressive previous full-length studio albums to their credit, and the new album is a particularly rich and varied effort. It ranges from the taut and catchy blues-tinged rock of “Sugar and Spice,” “Skeleton Key” and “Break Me Down” to the pop-rock of “Run Away,” the folk-inflected “So Far To Fly” to the downright delicate title track, showcasing Jocelyn’s powerhouse vocals and Chris’ tasteful guitar work along the way.

“Favorite Ghosts” will figure prominently into their July 30 show at Jam at the Ridge. They’re looking forward to their introduction to the venue. 

“We’ve been all over Western New York, around Lake Ontario and stuff,” Chris said. “I don’t think we’ve ever done Jam at the Ridge, though.”

“It seems like a cool thing they’ve got going on,” Jocelyn concurred.

The same could be said for Jocelyn & Chris.

For more information about the concert, go to https://www.jatrny.com/

Photo by Tina Pelech.

Potatoes in the foreground off Route 5 in Pembroke being irrigated while the sunsets yesterday.

Photos by Joanne Meiser.

The chair of ad hoc committee charged with exploring clean energy initiatives in the Town of Byron sees the municipality’s Clean Energy Community designation by the New York State Energy Research & Development Authority as a springboard for further action.

Now, she just has to get the Town Board’s support.

“By completing the five action items as required by the New York State Energy Research & Development Authority, the Town of Byron has earned a $5,000 grant to assist with future clean energy initiatives,” Candace Hensel said today. “We are looking to use the money towards completing additional high impact actions that will help us progress in the CEC program.”

Hensel is the driving force behind the Clean Energy Resources Information Committee, an informal group that reports monthly to the town board. Active members include Kaitlyn Moucha, Sara Stockwell and Brian Stacy. Other town residents participate, depending upon the project.

The action items completed by the town to receive the CEC designation are benchmarking, energy code enforcement training, adopting a unified solar permit and an LED conversion of the town’s streetlights. Hensel said it was credited for a fifth action item for advanced benchmarking.

Points are awarded for each of the 14 action items identified by NYSERDA, with grant amounts based on the number of points.

The Town of Byron now joins the Town of Batavia and Village of Bergen as NYSERDA Clean Energy communities. Other municipalities in Genesee County participating in the program are the Village of Corfu, Town of Pembroke and City of Batavia.

Hensel said her “eyes were opened” to what was going on in New York State regarding clean energy when she heard about the 280-megawatt Excelsior Energy solar project in the Town of Byron.

“I had tried to get the town to look into some of the incentives available to communities, but I really didn’t get anywhere with the town so – about two years ago – I created a petition and got a list of names of other people who at least thought the town should look at into some of these programs,” she said.

Eventually, the town board authorized Hensel to chair a committee (CERIC) to explore the possibility of attracting grants to assist with community clean energy projects.

Hensel said she felt much better about putting a group together and pursuing clean energy opportunities knowing that she had the town board’s backing.

“In New York State, from the governor’s standpoint and to the trickle-down effect to DEC and NYSERDA and then you go on to the utilities, they’re all required to participate – to an extent – and comply with a lot of these clean energy programs that have been enacted,” she said.

Hensel said CERIC was unsuccessful in its bid to receive intervenor funds from the Excelsior Energy solar project, but that hasn’t stopped the group from its goal of “investigating incentives and reporting back to the town with our recommendations for participating (in the Clean Energy Communities program) and the advantages of doing so.”

“The town board listens to our report monthly but really, as a whole feels its capacity is limited or can’t put the time in; so, we do get stonewalled,” she said. “They did, however, let us pursue the Clean Energy Communities program, and no town funds were expended toward this CEC designation.”

She said CERIC also is looking into the Climate Smart Communities program administered by the state Department of Environmental Conservation.

“The benefits of participating in the DEC program are much greater,” she said. “Grant incentives are much greater – with funding of up to 50 percent of major clean energy projects. So, we see that the carrot at the end of the stick is much greater.”

Hensel said CERIC requested that the town board vote to join the Climate Smart Communities program “because all of the actions that we completed in one, we can apply to the other.”

“Representatives of the Genesee/Finger Lakes Regional Planning Council did a presentation for the board and a resolution was made, but at that board meeting, no one would second the motion to continue on for a vote for that particular program,” she said.

CERIC isn’t giving up on that, however, as it plans to approach the board again on the DEC program next month.

Town Supervisor Peter Yasses said CERIC must report its recommendations and proposals to the board but can “make no commitments” while Town Councilman Eric Zuber said his concerns center upon the stipulations for receiving the grants, especially those that include the town having to match funds for a particular project.

“There are a lot of bells and whistles – hoops you have to go through,” Zuber said. “Anything that we do has to make sense for the town in the long-term.”

Hensel said the committee currently is involved with a clean heating and cooling campaign in conjunction with Pathstone and the GFLRPC that kicked off in April at the Genesee County Home Show.

“They are following up to complete energy audits and have them as part of the Heat Smart Finger Lakes North program,” she said. “Hopefully, people will sign up with a contractor, who will evaluate their homes and make recommendations on heat pumps or geothermal and to see if anyone wants to learn more about those and the tax credits that go with them.”

Many fair goers enjoyed last evening's parade at Genesee County Fairgrounds. 

Today is Kids Day and Emergency Responders Night

To view or purchase photos, click here.

Photos bys Steve Ognibene

At a time when there’s a big focus on equal rights, even animals — from dogs and chickens to goats, horses, and even therapy animals — and their owners have to be considered.

That was one conclusion during Tuesday’s city Planning and Development Committee meeting.

After discussing and debating issues of what constitutes a nuisance, how to enforce restrictions, and which animal species should or should not be allowed in the city, the group covered a gamut of options and repercussions.

Animals prevailed, for the most part. In the end, the group agreed to put forth a recommendation to use City Manager Rachael Tabelski’s drafted resolution, plus a few alterations. That will go to City Council for review and eventual vote. There will be a public hearing set before a final decision is made, Committee Chairman Duane Preston said.

“We only make some recommendations to the City Council. At that point the public hearing will be open for anybody that would like to come and voice their concerns,” Preston said. “So they need to set a public hearing. Those who have animals that would like to attend can come and voice their opinions to City Council.”

Jill Turner and her Burke Drive neighbor Teresa Potrzebowski each believe they have a valid argument for one side of the matter or the other. They disagree on whether Turner’s goats should remain on her property.

Turner told The Batavian previously that when she moved into the westside neighborhood, there was no law pertaining to her four goats. Her daughters spend time with the goats, one is in 4-H and the other girl uses the animal for therapeutic purposes, Turner said. Furthermore, she doesn’t believe they are destructive or threatening to her neighbors as some have claimed.

That’s not Potrzebowski’s experience, she said before Tuesday’s meeting. When she moved in, there were no goats, and “I wouldn’t have moved in if there had been,” she said. There’s noise, bad smells and goats constantly getting out of their small shed, she said. Turner also has chickens and ducks, and all three farm animal types come into her yard.

“I came home bringing groceries and two big ones walked into my garage,” she said.

The goats have eaten neighbors’ flowers and relieved themselves on their properties, she said.

“It smells like you’re living next door to a farm,” she said.

City Councilman John Canale raised the issue during a recent council meeting, based on resident complaints of those goats. He attended the Planning and Development meeting, but would not comment because he will have to vote on a resolution in the future and lives in the neighborhood, he said.

Committee member Matt Gray did his own research on “a number of towns and cities in the same boat,” and found that a lot of those municipalities came to a decision to restrict animals.

“I found a lot of them leaning the same way we are,” he said.

About 17 out of 25 cities had restrictions, particularly on roosters, Gray said. He suggested adding them to a list of animals not allowed in the city. That brought up other issues about if animals are allowed, how many should be allowed? What measures would be put in place to ensure proper enforcement when the restrictions are violated?

“The city would be responsible for quite a bit in terms of enforcement,” member David Beatty said. “I think whatever we recommend, enforcement is the biggest thing. How do you enforce it? How do you get cooperation of people who own animals? How problematic would that be?”

At one point he offered the suggestion to not allow any animals in the city.

“There’d be an uprising,” Beatty said.

Code Enforcement Officer Doug Randall explained that a law cannot just pertain to one segment of the population. It has to cover everyone, he said. Right now, however, a dog owner can receive repeated tickets for its continuously barking dog if the issue hasn’t been resolved.

For a goat?

“No tickets. We don’t have a law for it,” Randall said.

About an hour later, the committee agreed to forward a resolution with the additions of limiting chickens to six, banning roosters from being kept in the city, and requiring city residents to register their animals by a certain date, to be determined by council if it adopts the recommendation, or not be allowed to keep the animal on their city properties. Registering the animals will allow folks that already have chickens, goats and the like to keep them, and should make it easier to track who has what and where, Randall said.

The resolution "restricts people from owning, bringing into, possessing, keeping, harboring or feeding farm animals, cloven-hoofed animals, equine or fowl, including but not limited to cattle, horses, sheep, goats, pigs, swine, lamas, alpaca, ducks, turkey, geese, feral cats, ponies, donkeys, mules or any other farm or wild animal within city limits."

Exceptions include:

• Chickens, as long as they are penned appropriately, do not accumulate feces or cause odor or an unsightly or unsafe condition. The addition, if approved, would limit them to six.
• Harborage, including transport to and from race tracks and all associated grounds.
• Special events with the approval of an event application.
• Animals in transit through the city.
• Transport to and from veterinary hospitals/clinics, including short-term boarding for medical procedures/conditions.
• No person shall permit an accumulation of animal and/or fowl feces on any property resulting in a foul odor or unsightly condition that makes travel or residence in the vicinity uncomfortable, or which attracts flies or other insects of animals, thereby creating an unsanitary condition and may facilitate the spread of disease of which endangers the public comfort and repose.

The registration requirement would be for people already with farm animals on their properties. If they don’t register an animal by the deadline, it would have to go.

Potrzebowski doesn’t want to have issues with any neighbor, she said, but the recommendation didn’t fill her wish not to have to deal with the animals at all.

“It defeats the purpose to have to register them,” she said.

Top photo: City Planning & Development Committee members Matt Gray, left, David Beatty and Chairman Duane Preston discuss the possibilities Tuesday evening for what to do with farm animals kept in the city. File photo of Jill Turner, pictured with one of her daughters in front, is a city resident with goats, and some of her neighbors have complained that they don't want the smell and noise created by goats, chickens and other farm animals. Committee member David Beatty makes his case for restricting, or maybe even banning, farm animals from city properties. Photos by Joanne Beck.

Raymond Stanley, Jr., 46, of Trigon Park, Le Roy, is charged with DWI, driving with a BAC of .18 or greater, driving with a BAC of .08 or greater, and leaving the scene of a property damage accident. Stanley was allegedly involved in a hit-and-run accident reported at 10:04 p.m. July 23, at 71 Wolcott St., Le Roy.  Stanley was arrested by Emmalee Stawicki.  He was released on traffic tickets.

Benjamin Rachow, 39, of Gilbert Street, Le Roy, is charged with harassment 2nd. Rachow was arrested by Le Roy PD Officer Emmalee Stawicki at Strong Memorial Hospital, where he was treated for an injury sustained in an alleged incident reported at 1:40 p.m. July 22, on Gilbert Street, Le Roy. He was arraigned in Town of Le Roy Court and released on his own recognizance. A stay-away order of protection was issued.

Jeffrey Ellinwood, 63, of Genesee Street, Le Roy, is charged with harassment 2nd. Ellinwood is accused of continuing to contact a person on July 24 after being told to cease all communications with the individual.  He was arrested by Officer Curtis Miller. He was arraigned in Town of Le Roy Court and released on his own recognizance.  An order of protection was issued.

Name redacted upon request, 29, of Dewey Avenue, Batavia, is charged with petit larceny. xxxx is accused of shoplifting $76.84 in merchandise from a store on Veterans Memorial Drive, Batavia. xxxx was processed at the Genesee County Jail and released.

James Robert Cooper, 39, of Buell Street, Batavia, is charged with criminal possession of a forged instrument 1st. Cooper is accused of passing a fraudulent $20 bill at a location at Harrington's Produce on Clinton Street Road, Batavia, at 12:29 p.m. Dec. 27. He was arrested on July 22. He was arraigned in Town of Batavia Court and released on his own recognizance.

Shannon Lee Guiste, 51, of West Main Street, Batavia, is charged with burglary 3rd and petit larceny.  Guiste is accused of skip-scanning items at Walmart at 4:21 p.m. July 21. In 2015, Guiste was reportedly banned from entering Walmart. Guiste was arraigned in Town of Batavia Court and released.  

Eric Charles Dockstader, 37, no address provided, is charged with strangulation 2nd. Dockstader was allegedly involved in a disturbance at 4:55 a.m. July 24 at a location on Council House Road, Alabama. He was arraigned in Town of Alabama Court and released under supervision.

Antionette A. Pierre, 24, of Nassau Bahamas, is charged with petit larceny. Piere is accused of stealing in the Town of Batavia at 2:27 p.m., July 23. She was arrested by State Police and released on an appearance ticket. No further information was released.

Joshua D. Quaintance, 33, of Byron, is charged with criminal trespass. Quaintance was arrested by State Police in connection with an incident reported at noon July 17 in the Town of Bergen.  No further details released.

Daily at the Fair:

• Air Sculpture (Balloon Display and Demonstrations) (All Day, Every Day)
• Pig Racing – Show Schedule (SAT: 3pm, 5pm, 7pm, SUN: 3pm, 7pm, MON: 3pm, 7pm, TUES: 4pm, 6pm, 8pm, WED: 2pm, 4pm, 6pm, 8pm, THURS: 4pm, 6pm, 8pm, FRI: 2pm, 4pm, 6pm, 8pm, SAT: 2pm, 4pm, 6pm, 8pm)
• Niagara Down Under (All Day, Every Day)
• Pony Rides (All Day, Every Day)
• Chain Saw Carver (All Day, Every Day)
• Fame Racing Schedule – Saturday: 2,4,6 Sunday: 2,6 Monday: 2,6 Tuesday: 3,5,7 Wednesday: 1,3,5,7 Thursday: 3,5,7 Friday: 1,3,5,7 Saturday: 1,3,5
• Johnny Muttville Comix Schedule – Saturday: 1, 3:30, 5:30, Sunday: 1, 4, 5:30, Monday: 1:30, 4, 5, Tuesday: 2, 4:30, 6:30.

Wednesday, July 27th – KID’S DAY/EMERGENCY RESPONDER’S NIGHT

• 9 AM—4-H Meat & Dairy Goat Show (Main Show Ring)
• 9 AM—4-H Western Horse Show (Horse Arena)
• 10 AM – Exhibit Halls & Buildings Open
• 12:30 PM – Small Fry Tractor Pull (Exhibition Building) Sponsored by Upstate Niagara Cooperative, Genesee County Pamona Grange, and Duane Schmigel
• 1 PM – 10 PM—Midway Opens, Kids 16 & Under Ride for $15/wristband from 1 PM-5 PM
• 1 PM—4-H Breeding Sheep Show (Main Show Ring)
• 4 PM—4-H Hog Show (Main Show Ring)
• 7 PM—4-H Alumni Master Showman Contest (Main Show Ring)
• 7 PM—Genesee Speedway GoKart Racing (Grandstands) 
• 10 PM – Exhibit Halls & Buildings Close

Events & times on the schedule and this website are subject to change. Follow us on Facebook to keep up to date with changes.

Press release:

Kiss This! returns to the Jam At The Ridge stage in Le Roy on Friday at 4:00 PM.

If you love KISS, you'll love this show!  The Look.  The Feel.  The Sound.  They bring it all.

We're gonna Rock and Roll All Night!

Tickets are available at:

• $10 pre-sale tickets available at:  https://www.simpletix.com/e/kiss-this-wny-a-tribute-to-kiss-tickets-106678
• $15 cash at the door

Kids 17 and under are FREE with a ticketed adult

Easy parking right at the GATE (skip the North Road Parking and come right to the gate).

Special Guests performers: Bad Luck Band and JUDAH

PUBLIC NOTICE: 

Notice there will be a Bugdet Workshop held at the East Pembroke District Hall, at 7 pm, Tuesday August 2,2022. Workshop will be held at District Building located at 8655 Barrett Drive, Batavia NY 14020. 

Publisher's Note: Legal Notices/Public Notices are published by The Batavian for free as a public service pending revision of state law that will allow digital news publications to publish legal notices that meet the legal requirements of such notices. Clerks: Email your notices to news@thebatavian.com.