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San Francisco-based Renewable Properties is entering the Genesee County solar market with the proposed development of a pair of independent community solar projects on Alexander Road in the Town of Batavia.

Brian Madigan, the company’s senior permitting manager, introduced the two ground-mounted plans on Thursday night at the Genesee County Planning Board meeting at County Building 2 on West Main Street Road.

Renewable Properties, working with Bergmann Associates engineering firm of Rochester, is seeking approval of special use permits to install a 14-acre, 3-megawatt solar farm on a 29-acre parcel at 9183 Alexander Rd. and a 10-acre, 1.6-megawatt system at 9071 Alexander Rd.

Both systems are earmarked for prime farmland in parcels zoned Agricultural-Residential.

“We’re excited to get going,” Madigan said after the meeting, noting that a yearlong moratorium on solar projects in the town has ended.

County planners recommended approval of both projects, stipulating that the applicant should seek 9-1-1 Address Verification with the Genesee County Sheriff’s Office to ensure that the address of the system meets 9-1-1 standards.

The 3-megawatt system, known as Pike Road Solar Project, is located just north of the intersection of Alexander Road and Pike Road on property owned by John and Kerry Hylkema. Documents indicate it will utilize 6,942 solar panels and 24 string inverters, with an overall height of the array exceeding 15 feet.

The 1.6-megawatt system, knowns as Alexander Road Solar Project, is located about a third of a mile from the other proposed site -- just south of the intersection of Alexander Road and Rose Road on property owned by Daniel Reuter. It will utilize 3,718 solar panels and 13 string inverters, also with an overall height of the array exceeding 15 feet.

Both property owners have signed 35-year lease agreements with Renewable Properties, which also is developing solar projects in Lockport in Niagara County and Marilla in Erie County, Madigan said.

As community solar initiatives, both proposed solar farms allow Town of Batavia residents who are National Grid customers to subscribe to part of a larger, offsite shared system and receive credits (savings) on their electric bills.

Kristin Jacobs, assistant project manager at Bergmann Associates, said the two projects, combined, will provide electricity for close to 1,500 homes.

The proposals require approval by the Batavia Town Planning Board before moving forward. They are on the agenda of that committee’s next meeting, set for 7 p.m. next Tuesday at the Batavia Town Hall on West Main Street Road.

Photo: Brian Madigan of Renewable Properties and Kristin Jacobs of Bergmann Associates address the Genesee County Planning Board on Thursday night. Photo by Mike Pettinella.

Did you know:

• That more than two-thirds of students in Genesee and Orleans counties in grades 7, 9 and 11 who reported drinking alcoholic beverages said they got it at home – some with their parents’ permission and others without their parents’ knowledge of the behavior?

• That slightly less than 20 percent of 11^th graders in the two counties reported past 30-day use of an electronic cigarette or vape pen with nicotine?

• That less than 40 percent of students perceive there is harm caused by marijuana use, which represents a significant decrease over previous years?

Those are just three of the critical data points derived from the Community-Level Youth Development Evaluation survey administered to students in grades 7, 9 and 11 in 2021. The survey was commissioned by Genesee/Orleans Council on Alcoholism and Substance Abuse and facilitated with the assistance of Catalyst Insight of Depew.

The survey, known as CLYDE, is modeled after the former Communities That Care Youth Survey, a nationally validated study developed at the University of Washington to assess youth attitudes, behaviors and community risk and protective factors. It also incorporates elements from the Prevention Needs Assessment Survey by Bach Harrison.

GCASA has been surveying youth at the Genesee and Orleans schools it has had relationships with for several years. The latest survey resulted in 2,234 valid responses from pupils in the three grade levels.

“It was determined to survey these particular grades, especially 11^th graders – understanding that they would be seniors the following year and that strategies could be applied to prevention efforts targeting those students, if needed,” said Shannon Ford, director of Prevention at GCASA.

GAUGING PUPILS' USAGE, PERCEPTIONS

The survey’s questions are formulated in a way to procure accurate information regarding students’ usage of alcohol, tobacco and other drugs and their perception when it comes to parental attitudes and the degree of harm caused by these substances.

Core measures include past 30-day use, perception of harm of substance use, perception of parental disapproval of substance use and perception of peer disapproval of substance use.

Risk factors explored -- related to an increased likelihood of substance use problems for youth -- included favorable laws and norms, perceived availability of drugs, family conflict, commitment to school and peers’ attitudes and use of alcohol, cigarettes and/or drugs.

Protective factors, or areas where youth can be shielded from substance use, include opportunities for social involvement, family attachment and belief in laws and norms.

“In general, students believe that their parents are opposed to ATOD (alcohol, tobacco and other drug) use, but it is concerning that 69 percent of those who reported they drink – about 23 percent of those surveyed – say they obtained the alcohol at home, both with and without parental permission,” Ford said.

Sheila Harding, GCASA’s assistant director of Prevention, said the agency continues to emphasize the dangers involved with students’ drinking at home or at their friends’ homes.

“Too many parents are not understanding the risks involved in allowing underage drinking in their homes,” she said. “There are liability issues, potential injury or even death and criminal implications. The responsible answer is to not allow this activity.”

VAPING: AN INCREASING CONCERN

Vaping is an increasing concern, Ford said, adding that “an alarming number” of 7^th-graders – 3 percent -- have indicated they are vaping with nicotine.

As noted above, 19.7 percent of 11^th graders in the two counties reported vaping with nicotine in the past 30 days while another 11.1 percent reported vaping with marijuana over the same time period.

“Nicotine is one of the most addictive substances around and now we’re seeing vaping with THC (tetrahydrocannabinol, the crystalline compound that is the main active ingredient of cannabis),” Harding said. “These vape pens are being marketed to our youth and we’re seeing harmful effects on the adolescent brain which isn’t fully developed.”

The survey revealed that marijuana use by 11^th-graders was at 14.4 percent – which is down by about 50 percent from the survey of three years ago. Interestingly, the students’ perception of harm is at 38.7 percent, which also is less than previous years.

“This perception data is likely due to cannabis legalization and the use of medical marijuana,” Ford said. “But just because it is legal for adults, it doesn’t remove the risk to students. It’s still illegal for those under 21.”

LEGALIZING POT CHANGES VIEWS

 On a national level, rapid decreases in marijuana risk perceptions by adolescents have not translated to a dramatic drop in usage, however.

“Prevention leaders may need to consider different strategies as well as targeting cannabis use risk perceptions,” Ford offered. “As more states legalize recreational marijuana use, further monitoring of predicted use trends are essential.”

Ford pointed out that although much of the national focus is on the opioid epidemic, GCASA and other agencies haven’t pulled back their prevention strategies when it comes to alcohol, tobacco and marijuana.

“We’ve been able to secure grants for compliance checks of retail establishments in both counties – something that we haven’t done in awhile but will be getting back to,” she said. “In the past, we have found that bars, restaurants and convenience stores are doing a good job of not selling to those under the legal drinking age.”

Other key findings from the 2021 CLYDE survey are as follows:

• Past 30-day alcohol use in grade 11 fell to 19.6 percent – down from 46 percent in grade 11 in Orleans in 2019 and from 33 percent in grade 10 and 50 percent in Genesee in 2018.

• Around 90 percent of 11^th-graders indicate parental disapproval of alcohol and cigarettes but that drops to 78 percent when it comes to marijuana.

• Concerning peer disapproval, overall the percentages range from 78 to 88 regarding alcohol, tobacco and prescription drug use, but it falls to 74 percent concerning marijuana.

When looking at risk factors, 60 percent of students surveyed indicated a low commitment to school was the leading risk factor, followed by 45 percent that reported parental attitudes favorable to substance use and conflicts in the family unit.

ADDRESSING PROTECTIVE FACTORS

On the protective side, 71.6 percent responded that social skills were important, followed by 65 percent who indicated the importance of extracurricular activities in school and 60 percent who indicated the availability of community service programs.

“Social skills are enhanced by evidence-based programs in schools offered by GCASA and by the individual schools, while prosocial involvement is enhanced by community service hours and volunteering,” Ford said.

Prevention initiatives – by agencies such as GCASA and through school-based programming – have led to a significant decrease in binge drinking (five or more alcoholic drinks in a row over the past two weeks), she added.

“Overall, just 5 percent reported binge drinking in the past 30 days. That means that 95 percent of students are not doing this,” she said. “We’d like to believe that our prevention efforts are taking hold.”

Another area of concern is the mental and emotional health of students, especially coming out of two years of the COVID-19 pandemic.

“The survey indicated that 33.4 percent of students reported that sometimes life is not worth it, 44 percent said I am no good and that 40 percent were depressed – and it was consistent across the three grade levels,” Ford said. “Without question, COVID has had an effect on students, but more resources need to be devoted to addressing this issue.”

For more information about the CLYDE survey or GCASA’s Prevention efforts, contact Harding at sharding@gcasa.org.

Disclosure: Mike Pettinella is the publicist for GCASA.

A recent setback in an appellate court will not prevent former State Sen. George Maziarz from continuing with a lawsuit against Western Regional Off-Track Betting Corp. for what he terms “improper practices.”

Late last week, the state Supreme Court Appellate Division, Fourth Judicial Department, upheld a March 25, 2021 ruling by (then) Genesee County Supreme Court Justice Charles N. Zambito that Maziarz was not entitled to attorney’s fees and litigation costs incurred during a Freedom of Information Law proceeding to gain records from WROTB.

Responding to an email from The Batavian on Thursday, Maziarz said the judgment denying legal fees “stems from the Freedom of Information lawsuit we had to file against Western Regional Off-Track Betting a few years ago.”

“They want to operate in secrecy, but the courts forced WROTB to turn over the information we requested,” he said. ““What matters is that the information we received exposed apparent improper practices by WROTB (and) those facts laid the foundation of our recently-filed lawsuit against WROTB to recoup money spent on those practices for the citizens in the Western Region.”

In its ruling, the appeals court – citing case law -- “affirmed” Zambito’s order on the Article 78 issue, writing, “As relevant here, a court may assess reasonable attorney’s fees and other litigation costs against an agency in a FOIL proceeding where the petitioner 'has substantially prevailed, and . . . the agency failed to respond to a request or appeal within the statutory time.'”

Furthermore, the court stated that “even if the party meets those requirements, the award of attorney’s fees and litigation costs remains discretionary with the court. We agree with petitioner that respondent failed to respond to petitioner’s FOIL appeal within the statutory time and that Executive Order (A. Cuomo) No. 202.8 (9 NYCRR 8.202.8) did not toll respondent’s statutory time within which to respond.”

Nevertheless, the court concluded that the Genesee County Supreme Court “did not abuse its discretion in denying petitioner’s request for attorneys’ fees and litigation costs inasmuch as respondent’s delay was caused by the ongoing COVID-19 pandemic.”

Maziarz’s suit contends that WROTB – a public benefit company -- has, in effect, spent funds that should have gone to its 17 member municipalities by offering high-priced health insurance to its directors and improperly distributing sporting event tickets.

WROTB President Henry Wojtaszek on Thursday reiterated that the corporation’s attorneys have filed a motion to dismiss, adding that he is confident that nothing will come of Maziarz’s action.

“We prevailed at the Appellate Division, which is a telling sign that the outcome will be the same with the lawsuit,” he said.

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption

Previously: WROTB hires Buffalo law firm to oppose suit filed by Maziarz; Park Road traffic patterns set to change

The Colorado Avalanche captured the esteemed Stanley Cup on Sunday night, defeating the two-time defending National Hockey League champion Tampa Bay Lightning, 2-1, to take the best-of-seven series, four games to two.

Residents of the Centennial State will be celebrating their Avs’ first NHL title since 2001 with a parade and rally in downtown Denver on Thursday morning – and among the participants will be a Batavia native who holds the title of the franchise’s Director of Video Scouting.

Mike Battaglia, a standout goaltender for the Batavia High Ice Devils from 2004-2007 who went on to play at the collegiate and professional levels, has worked for the Avalanche for the past six years.

Speaking by telephone today from his apartment in Denver, Battaglia said he has had the opportunity to scout some of the young men who led the Avalanche to the NHL crown – players such as left winger J.T. Compher, right winger Logan O’Connor, center Nico Sturm and defensemen Cale Makar and Bo Byram.

“I did quite a bit of scouting, but I must clarify that none of these players fall directly on me,” he said. “We are a team and it was a group effort. I am just a small piece to the puzzle of a Stanley Cup winning team.”

An essential piece, at that, as Battaglia has put in countless hours traveling throughout the United States and Canada evaluating potential prospects for the team and working with the analytics’ department to compile pertinent data and statistical information for management.

ALL-STAR GOALIE IN HIGH SCHOOL

An All-Greater Rochester first team goaltender and New York State Second Team All-Star in high school, Battaglia went on to play club hockey at Niagara University – earning most valuable player honors – before moving on to Division III hockey at Geneseo State College.

After graduating in 2011, he took a summer internship with the NHL’s Columbus Blue Jackets in the marketing department and also ventured into video scouting and even was used as a practice goalie on several occasions. Battaglia tried out for the Cincinnati Cyclones and signed a pro contract with that team, staying there for a short time.

While at Columbus, Battaglia actually signed an NHL contract – for one day – when star goaltender Sergei Bobrovsky became ill before a game and was unable to play.

“We needed an extra goalie at that point and there was no emergency goalie then. Because I used to practice with the team every now and then – and because I was a goalie – they called me in the office in the press box and said that I needed to put my pads on,” Battaglia recalled. “And if the other guy gets hurt, you’re going in.

“So, I had my pads on, I was sitting in the locker room and I had to sign a contract. They even had a jersey all made up for me. It was definitely an interesting experience.”

When asked if he got in the game, he replied, “No. Thank God.”

'ON THE ROAD AGAIN'

In 2016, Battaglia began his full-time tenure at Colorado – finding himself on the road on the weekends scouting players and in the office during the week working with General Manager Joe Sakic and Assistant GM Chris McFarland. He said he is very close to McFarland, a Bronx native and fellow New York Yankees’ fan.

“I’m traveling to college games every weekend and do a lot of college free agency right now,” he said, adding that he attended more than 200 games this season. “Because when we're chasing the Stanley Cup, we're trading a lot of draft picks.”

Battaglia contributes to the evaluation process by communicating his thoughts on player skills and by matching the video he shoots with the “numbers” generated by the analytics staff.

“We do something called Identity Files where we're trying to capture all the players that we have interest in -- in the draft – and what they are, and what they're all about. And then when it comes to draft time, I'm the one who actually types the players’ names in a system that selects the players. It can be a little stressful.”

Colorado has one farm team, the Colorado Eagles of the American Hockey League – the same league that includes the Rochester Americans, who are affiliated with the Buffalo Sabres.

“We have the one farm team and many prospects that we’ve drafted who are playing college hockey or are in Europe or junior hockey in Canada,” Battaglia said. “I’m fortunate enough to touch a lot of pieces in our organization and see a lot of things. I work pretty much throughout all departments of the organization, and I am very grateful for that.”

NUPTIALS SCHEDULED FOR AUGUST

Battaglia is youngest son of Paul and Mary Battaglia of Batavia. His brothers are Paul Jr., Mark and Tim.

He said he and his fiancé, Stephanie Dupuis, will be getting married in August at a ceremony at Stephanie’s hometown of Windsor, Ontario, Canada.

“We met through work. I was scouting and she was working for a junior team in Windsor,” Battaglia said.

When talking about family, Battaglia said he owes much to what he learned from his mentors during his time as part of the Batavia High ice hockey “family.”

“I always will appreciate the coaches at Batavia,” he said, naming them all. “Paul Pedersen, Nate Korzelius, John Kirkwood, Mark Dahl, Peter Guppenberger, Jack Porter and John Zola. Those guys are really important in making it more than just hockey for me – showing how to do the little things and being a good person.”

Battaglia said there’s a chance that he will be able to transport the actual Stanley Cup to Batavia when he visits this summer.

“I haven’t heard if I get a day with the Cup yet but if I do I will bring it to Batavia if I’m allowed to,” he said. “I will keep you updated if that happens.”

Batavian native Mike Battaglia is on cloud nine as he has his moment with the NHL's Stanley Cup following the Colorado Avalanche's victory over Tampa Bay. Submitted photos.

Patrons of Batavia Downs Gaming wagered close to $90 million during the month of May, according to the chief financial officer for Western Regional Off-Track Betting Corp.

“Credits played in May came to $88.8 million with 7.2 percent of that – or $6.4 million – slotted into the “VGM (video game machine) net win” category,” Jacquelyne Leach said today. “Conceptually, about 8 percent of the total amount wagered makes up the net win.”

Leach reported that year to date “net win” stands at $31.6 million – a staggering number – but the public benefit company keeps a bit more than half of that amount.

Forty-nine percent of the net win goes to the New York State Gaming Commission, Leach explained, with 90 percent of that earmarked for education and 10 percent staying with the commission, which oversees gaming operations.

That leaves 51 percent, which stays with WROTB, Leach said, and is divided as follows:

• 37 percent -- Batavia Downs vendor fee, which includes a 10 percent distribution for harness horse racing purse payments, the Western New York Harness Horsemen’s Association and breeders’ payments and 27 percent for operating expenses, such as payroll, utilities, etc.

• 10 percent -- Marketing allowance to promote Batavia Downs Gaming and horse racing.

• 4 percent -- Capital awards fund for capital improvements, debt service, etc.

“After all of the obligations are met and all operating expenses are paid, then the rest is distributed to our member municipalities,” Leach said, adding that the corporation’s surcharge distribution for May was $88,459 and that $315,000 has been generated for the municipalities since Jan. 1.

WROTB’s geographical area is comprised of 18 counties, 15 of which participate as members of the corporation, and the cities of Buffalo and Rochester.

In 2021, WROTB distributed $123,409 to Genesee County, $85,235 to Orleans County and $84,619 to Wyoming County. All told, distributions to all member municipalities for last year came to $5,793,184.

The law firm representing Western Regional Off-Track Betting Corp. is preparing to file a motion to dismiss a suit filed by a former state senator alleging that the public benefit company illegally offered health insurance to its directors and improperly distributed sporting event tickets.

That’s the word from WROTB President Henry Wojtaszek this morning following the monthly board of directors meeting at the Park Road facility.

“That’s correct,” Wojtaszek responded when asked by The Batavian if filing a motion to dismiss the lawsuit filed by George Maziarz was going to be the first order of business by attorneys for Hodgson Russ LLP of Buffalo. “We don't believe it's brought properly, either substantively or procedurally. So, we'll make a motion to dismiss right off the bat.”

In mid-May, Maziarz, a state senator from Niagara County for 10 years through 2014, met with local media across the street from Batavia Downs Gaming to provide details of his suit – action that focuses on previously investigated accusations of misuse of sporting event and concert tickets and the legality of “gold-plated” health insurance given to appointed board members.

An audit by the New York State Comptroller’s office criticized WROTB over the handling of the tickets and also use of a company vehicle stemming from 2018-19, but Wojtaszek said those issues have been addressed and corrected.

Wojtaszek contends that Maziarz is waging a personal vendetta against him and WROTB in retaliation of Maziarz’s conviction of public corruption while in office.

The corporation’s board of directors this morning approved a contract to pay Hodgson Russ up to $25,000 to fight the suit.

Hodgson Russ also is representing WROTB in a $14.5 million wrongful termination lawsuit filed last August by Michael Nolan, the former chief operating officer at WROTB who was let go of his position in December 2020.

“We are just waiting for the judge to rule on the motions that are before him right now,” Wojtaszek said today. “We expect that (to happen) in three to six months.”

In other developments, Wojtaszek reported:

• The timetable of the Park Road Reconstruction Project “is coming along very well – we still anticipate them completing the project sometime in late September, early October.”

He said the traffic pattern may be changing soon, adding that Ryan Hasenauer, director of Marketing, will be sure to let the public know in advance.

“We met with the contractor, CATCO, yesterday and with the Town of Batavia, and there may be some effort to open up to two-way traffic at some points of Park Road to alleviate some of the traffic jams and also to help facilitate moving the project along and completing it in a more timely manner,” he said.

Wojtaszek said officials are looking at opening the road for two-way traffic starting at the intersection of Richmond Avenue (near Alex’s Place) and north toward Veterans Memorial Drive in the next couple weeks.

“The town needs to check with all the people involved, including the emergency services and the DOT (Department of Transportation) to make sure that can be accomplished. But again, we like to move to that next phase where maybe we reopened two-way traffic and where a different part of the road is closed off entirely.”

• The “odds are good” that the track’s harness horse racing season will be extended into January and February of 2023 as negotiations with the Western New York Harness Horsemen’s Association are ongoing.

“We have a good relationship with the horsemen in Western New York,” he said. “They presented us with a very reasonable plan to have the racing occur here at Batavia Downs. So, the board is inclined to have the racing in January and February and we just have to work out the details of the contract.”

The 2022 racing season is set to begin on July 20 and originally was scheduled to run through Dec. 17 (with racing two or three nights per week). Previously, Wojtaszek indicated that the WNYHHA would reimburse Batavia Downs for the cost of operating in the first two months of next year.

• WROTB is looking to streamline its Off-Track Betting branch locations, likely moving from the current 10 throughout the region to maybe seven or eight. Along those lines, the corporation is entertaining a purchase offer for Military Road branch in Niagara Falls and will be putting the West Ridge Road, Rochester, branch on the market soon.

“We have a lot of EZ Bets now and we have our machinery at different bars and restaurants that help alleviate the need for full-scale branches,” Wojtaszek said.

• The corporation is considering hiring an insurance consultant in the wake of rising premiums.

The board approved a resolution to pay $1,089,824 to Garland Insurance & Financial Services for property and casualty liability insurance for one year, through June 1, 2023. Wojtaszek said the premium increase by about 7 percent from the previous year.

“The insurance industry has gone up, overall. We know that it’s a very tough environment, but the increase was substantial,” he said. “So, yes, we’d like to have someone else look at it try to help us with the insurance.”

Previously: Former state senator with his own corruption history files lawsuit against Batavia Downs alleging corruption

Previously: WROTB's Genesee County director sees 'no basis' for Nolan's lawsuit vs. corporation, president, board chair

The general contractor of the Park Road Reconstruction Project – a $4 million venture covering 1.2 miles between Route 63 (Lewiston Road) and Route 98 (Oak Street) – has made it to the “boxing out” stage.

Concrete Applied Technologies Corp. crews today were working on the east side of Park Road in front of Batavia Downs Gaming, performing what one employee called “boxing out” the road to prepare it for milling, stone and, ultimately, repaving.

He said the plan is to finish that side of the road before moving to the other lane to allow for one-way through traffic.

Henry Wojtaszek, president of Western Regional Off-Track Betting Corp., said the project is ahead of schedule, stating that he is confident work will be done by mid-October.

“Crews already have put in most of the sewers and completed the under-the-road work,” he said. “Once the new road is done, they can move on to the sidewalks and special lighting.”

CATCO, which is based out of Alden, is the general contractor.

Photo: CATCO construction crews working in front of Batavia Downs Gaming this afternoon. Photo by Mike Pettinella.

Western Regional Off-Track Betting Corp. officials are considering a proposal by the Western New York Harness Horsemen’s Association to conduct 15 or 16 racing dates at Batavia Downs Gaming next January and February.

“While nothing is finalized, we are receptive to the horsemen’s request to having racing here during those two months after learning that Buffalo Raceway (in Hamburg) is not planning to be open then,” WROTB President Henry Wojtaszek said. “We want to work with them as long as they will reimburse us for the expense to operate then.”

Wojtaszek informed the public benefit company’s board of directors that the WNYHHA is willing to foot the bill to race in those months in order to give its members a chance to make a living.

Normally, Buffalo Raceway is open from January through mid-July and Batavia Downs runs from mid-July through mid-December, with racing scheduled two or three nights per week.

“Buffalo is not a well-maintained facility at this point,” Wojtaszek said, adding that Batavia’s track is able to handle the additional racing. He estimated that it would cost around $300,000 for the proposed racing dates in the first two months of next year.

He said a decision is expected later this month or in July.

Racing returns to Batavia Downs on July 20 and, currently, is set to run through Dec. 17.

A call to Bruce Tubin, WNYHHA president, was not returned at the time of the posting of this story.

In other developments, Wojtaszek reported the following:

• WROTB will pay half of the $75,000 cost of new rubber rolled matting for the harness horse stalls, with the WNYHHA taking care of the other half.

The material – 28 sheets of rubber matting, 4 feet wide and 200 feet long – is being purchased from RubberForm Recycled Products LLC of Lockport, the low bidder.

• WROTB will pay $30,000 to Benderson Development LLC of Buffalo to use the former Kmart lot for additional parking from June 1 through Aug. 31. Wojtaszek said a portion of the lot will be fenced off when construction of the new Starbucks along Route 63 begins.

Starbucks and another retail restaurant will be built on the parking lot in the coming months.

No matter what term is used – and there are several of them, the practice of combining medication and treatment for people struggling with substance use disorder has a singular goal: Saving lives.

“Medication-Assisted-Treatment – or MAT – is an evidence-based program that has been shown to make a positive difference in saving lives for persons with an opiate use disorder. And it's considered the gold standard for treatment of opiate use disorder,” said Ann Bowback, clinical director at Spectrum Health & Human Services in Warsaw.

Bowback is the project director for the Partnership to Address Opioid Epidemic and Save Lives in Western New York Through Medication-Assisted-Treatment, a program funded by the federal Substance Abuse and Mental Health Services Administration.

Speaking at the GOW Opioid Task Force quarterly meeting recently, she explained that her program, in collaboration with Evergreen Health, is looking to increase the number of persons receiving MAT within the Spectrum agencies by at least 200 per year.

“We work to link people with a prescriber the same day, if possible, but at the latest within 72 hours of their initial visit with us,” she said. "We also will add two additional data waiver subscribers per year in order to meet the needs of these additional 200 people. And with this grant, our goal is to ensure that all the MAT clients are offered peer services (recovery advocates) within 60 days of admission.”

Other speakers at the meeting, which took place at The Recovery Station on Clinton Street Road and provided access via Zoom videoconferencing, were Melissa Weingarten, Wyoming County Jail nurse, and Kathy Hodgins, chief clinical officer at Genesee/Orleans Council on Alcoholism and Substance Abuse.

Bowback said most substance use disorder providers along with jails and prisons are taking a “whole patient approach” to treatment.

“MAT is more than just medication,” she said. “For some members of the recovery community, including our Evergreen partner, they refer to this as MAR – medication-assisted-recovery. This can be a referred term for some people because it emphasizes a person's commitment to recovery while using medications, and they may or may not be involved with treatment.”

She also said it can be referred to as MOUD (medications for opioid use disorder), which zeroes in on the importance of medication and addressing opiate use, and also as OTP (opioid treatment program) or OBOD (office based opiate treatment).

“PWUD stands for people who use drugs as we’re ideally trying to get away from some of the stigmatizing language like addicts and things like that,” she added. “OUD stands for opiate use disorder and OTP is where you would get medication such as methadone.”

Currently, the Food & Drug Administration has approved three medications for treatment of opiate use disorder -- methadone, naltrexone and buprenorphine, Bowback said.

“All medications work a little differently, but all basically normalize brain chemistry in order to reduce cravings and withdrawal symptoms,” she noted. “Methadone was first used in 1947 to treat opioid addiction and critics complained at that time that methadone merely exchanged one drug for another which led to strict government control over methadone, and that continues today.

“Now, in order to receive methadone for an opiate use disorder, you have to obtain it from an OTP. And although methadone is very effective, some individuals are hesitant to take this medication.”

Bowback said Spectrum offers naltrexone (brand name, Vivitrol), which was approved to treat opiate use disorder in 2010.

“The extended-release formulation is generally preferred for the treatment of opiate use disorder,” she said. “But some individuals do still prefer the pill form. Our prescribers will typically start a person on the pill form prior to prescribing the injection just to ensure the person is able to tolerate it. In order to receive this medication, though, the person cannot have opiates in their system; otherwise, they'll experience withdrawal. So, you must be abstinent for at least seven days.”

Spectrum also offers buprenorphine (also known as suboxone) for MAT, she said. In the 60s, buprenorphine was developed for treatment of pain and approved for treatment of opiate use disorder in 2002.

“Unlike methadone, a person almost immediately receives a seven-day script and within a very short time is able to receive a script for 28 days, which results in less daily disruption to lifestyles,” she advised. “You don't have to be present at a clinic daily … and you don't have to be abstinent for seven days in order to receive the medication.”

Medications reduce withdrawal and cravings and, as a result, decreases the use of illicit drugs and overdose, stabilizes the brain and “most of all, saves lives,” Bowback said.

“It also socially decreases criminal activity and reduces risk of transmission of communicable diseases, reduces risky sexual activity, and increases engagement with treatment.”

MAT is at the core of services at GCASA, which offers an integrated treatment and OTP clinic at its main location in Batavia as well as clinical services at its Orleans County location in Albion, Hodgins said.

“When I started at GCASA in 2002, we were already doing medication-assisted-treatment with alcohol, using naltrexone to treat alcohol dependence,” she said. “And then shortly after, we did start using buprenorphine -- suboxone for opiate use disorder individuals that came in.”

Hodgins said GCASA counselors and medical professionals treat medication for substance use disorder “similar to any kind of medication that you take.”

“So, those on medication are definitely in recovery – it just assists with the recovery. And it really does help reduce the cravings and the physical withdrawal.”

Weingarten shared that Wyoming County Jail started its MAT program in early 2020, offering suboxone and naltrexone.

“We provide medication to those who have been on MAT programs in the community, as long as we can verify that they’ve been in treatment and continued to get it,” she said.

She also mentioned that Gov. Kathy Hochul signed legislation that requires all prisons and jails, beginning in October, to provide MAT to inmates.

“So, we've started that way before she's required it,” she said, adding that the jail program includes individual and group counseling – and connection to peer recovery advocates.

Hodgins said “it just makes sense” to keep incarcerated people on medication, especially considering the rising overdose rates. GCASA provides services to inmates in six jails or prisons, including Genesee, Orleans, Albion, Groveland, Wyoming and Attica.

“Our common goal in our community is to save lives and I’m grateful that the state is on board with that,” she said. “I believe the best way to proceed is to start with a thorough assessment while they’re in jail and getting them on the right medication prior to release. That is how we’re going to save additional lives in our community.”

Photo: Melissa Weingarten, right, Wyoming County Jail nurse, makes a point as Kathy Hodgins, chief clinical officer at Genesee/Orleans Council on Alcoholism and Substance Abuse, during the GOW Opioid Task Force meeting at The Recovery Station on Clinton Street Road. Submitted photo.

Disclosure: Mike Pettinella is the publicist for GCASA.

Genesee County Manager Matt Landers and Legislature Chair Rochelle Stein are prepared to meet with the Darien Town Board over what they say is a “misunderstanding” about the practice of including the Medicaid portion of the tax rate on the annual county tax bill.

The situation was brought to the legislature’s attention via a letter dated April 7 from the Darien Town Board on behalf of a longtime Darien Center resident who objected to having to pay $2.90 per thousand of his assessed property value toward the county’s state-mandated Medicaid costs.

The resident wrote to the town board, bemoaning the fact that he was charged $782.14 in taxes for Medicaid, this coming on top of the $340 per month that he and his wife already have deducted from their Social Security checks for Medicare.

In the letter, he suggested that instead of taxing property owners “for other persons’ Medicaid,” the county could raise the sales tax rate slightly from the current 8 percent (of which 4 percent stays in the county) to cover the cost.

The town board, in turn, drafted its letter – supporting the resident’s viewpoint.

“As most County Taxpayers, he (the resident) and his wife do not use the programs offered such as HEAP, SNAP, free medical insurance, rent subsidy, over-the-county general use cards, etc.,” the letter states. “(As the expense is applied to property owners only), this burden is not shared equally by all county residents.”

The town board’s letter indicates a sales tax increase from 4 to 4 ½ percent would generate approximately $3.1 million per year “and these funds would be dedicated to stabilizing the Medicaid tax bill.”

At Wednesday’s Ways & Means Committee meeting, Landers and the legislature addressed the resident’s concerns and the Darien Town Board’s letter and accompanying resolution that authorized mailing it to county officials.

Landers noted that the county has broken out the Medicaid share of the tax rate on its annual bill since 2004 – doing so for informational purposes.

“The county tax bill is broken up into two lines,” Landers said. “It really is the total dollar amount – the whole levy in taxes and then we have a line broken out separately for the piece that is attributable to Medicaid. This was done purely as a message to taxpayers to understand how much of their property taxes are going towards Medicaid.”

He said that each year the county uses the same formula to figure out the mandated Medicaid expense.

Landers then pointed out that the county’s 2022 tax rate was flat (at $9.16 per $1,000, which includes the $2.90 per thousand Medicaid tax) “because you remember the rates have been dropping as assessments are going up.”

“I think it’s more or less just a misunderstanding of the way our tax bill is (displayed). It’s purely informational only,” he said, noting that the real property tax office could break the rate out “into a 100 different items but that would become more complex.”

Furthermore, the county doesn’t have the authority to raise the sales tax rate, Landers said.

Ways & Means Chair Marianne Clattenburg put it another way, stating, “The idea (of placing the Medicaid portion on the tax bill) was to show the taxpayers that if we didn't have this Medicaid mandate on our backs, this is what your taxes would be.”

“If they just look at that other number ($6.25 per $1,000 of assessed value), that's where they're getting their police, their EMS (Emergency Management Services), their roads, their bridges -- everything that we do in the county is that other item, and that Medicaid is a New York state mandate,” she explained.

Clattenburg acknowledged the “misconception” has grown from one citizen to the entire Darien Town Board, “which is under the impression that we have a control over that number, which we don't.”

After several more minutes on the topic, legislators decided to respond to the town board, starting with a letter and following that up by having Landers and Stein attend a board meeting in Darien in the near future.

Legislator Brooks Hawley agreed with that, saying, “I think it would be better if it was face-to-face instead of sending letters back and forth. It could be misconstrued.”

By integrating the opioid treatment program and outpatient counseling clinic, Genesee/Orleans Council on Alcoholism and Substance Abuse has connected the care warranted in a society dealing with the effects of a global pandemic and the stress caused by economic uncertainty.

“Here at GCASA and, hopefully, at other agencies in the behavioral health field, we take a person-centered approach, and medication and treatment go hand-in-hand,” said Kathy Hodgins, chief clinical officer at the nonprofit agency based on East Main Street in Batavia.

The medication prescribed to a person struggling with substance abuse disorder, whether it be suboxone or methadone, is going to help with the physical symptoms, Hodgins said, while counseling with GCASA trained clinicians is important in unlocking changes in behavior.

“It’s the same with a medical condition, such as diabetes and heart disease. You can give a medication to lower blood pressure, but it's not going to be as effective if you do not have a change in lifestyle to go along with it,” she added. “We give them the tools, not just medication, to learn how to cope with anxiety, depression and trauma without using illicit drugs.”

The OTP (or methadone) clinic attached to the back of the main building opened in the fall of 2018 as a “standalone” clinic.  Hodgins said GCASA recently applied for – and received – a license to integrate the OTP clinic with the outpatient clinic.

“Until now, individuals receiving treatment at the OTP clinic could only participate in services offered through the OTP clinic.  This really limited treatment options for individuals in the OTP,” she said.

STAFFING FLEXIBILITY IS PARAMOUNT

With the integration, GCASA has been able to optimize the utilization of its medical professionals and counselors, she said.

“This really allows our counselors to help our patients at the OTP and outpatient clinic by providing a more person-centered approach to care – regardless of whether the individual is on suboxone or methadone. Patients can now attend groups and individual sessions that fit their individual recovery plan and needs,” she explained.

Shannon Murphy, director of Treatment at the Batavia clinic, said the integration has additionally resulted in scheduling flexibility for the staff, something of utmost importance in light that about 10 full-time counselors are providing services to around 240 patients in OTP and another 220 or so in the outpatient clinic.

The demand for services has gone up considerably in the past two years, she said, referring to the impact the COVID-19 pandemic has had on those at risk of a reoccurrence as well as other societal factors.

Along with substance use disorder counselors, GCASA’s Batavia clinic also employs a medical director, assistant director, clinical supervisors, two nurse practitioners, five full-time nurses and a physician’s assistant.

FENTANYL: A GAME-CHANGER

Having the proper number of medical personnel on staff has taken on added significance with the emergence of the deadly drug fentanyl, Murphy said.

“Fentanyl has dramatically changed our work as people are sicker now than ever before,” she offered. “Treatment methods that used to help people – prior to the opioid epidemic are just not enough anymore. Medication Assisted Treatment has become a vital part of the services we offer.

“Before we can start to help someone heal from an opioid use disorder, people need to physically feel better.  Fentanyl has made this more challenging due to how harmful it is and how prevalent it has become.”

Murphy said that five or six years ago, individuals would test positive for heroin, for example, and they would be shocked when they learned they also had fentanyl in their system.

“At that time, they were scared. Now, they come in and they’re positive for fentanyl only and they are not afraid of it because they don’t think they will be the next to overdose,” she said. “Similar to when we drive too fast or check a text on our phone while driving. We don't think getting hurt will happen to us, until it does.”

Allison Parry-Gurak, director of Residential Services, said tests are showing that fentanyl is present in many illicit substances, not just heroin.

“For example, we have individuals with a stimulant use disorder whose primary substance is cocaine.  More and more frequently, we are finding when we test them they are also positive for fentanyl but they have no history with opioids.” she said.

The scariest part of the fentanyl epidemic is the frequency of overdose.

“We've gotten phone calls from agencies in Rochester and reporting they’ve had six overdoses,” Murphy said. “The hardest part is that the people we see that are having fatal overdoses are patients who have gone long periods without use. And then for various reasons or circumstance they have a reoccurrence, sometimes only one time, and those are the people that are dying because their bodies aren't used to the fentanyl.”

A CONTINUUM OF CARE

Parry-Gurak oversees the Atwater Community Residence, as well as several other residential programs offered by GCASA. She said the agency’s ability to expand services over the years gives patients a greater chance in their recovery.

“Well, I think the beauty of this campus is that we pretty much offer the whole continuum of care all on one campus. Additionally, all of our programs have such great working relationships with each other and are able to work collaboratively to support our patients,” she said.

“So, there’s the residences plus now we have the detox center for those in need of medical supervision while they start their recovery journey (usually three to seven days), and then there is the outpatient treatment programs all in one place.”

Hodgins mentioned that the system is working.

“Having a campus like this where we can do the continuum of care is a great thing,” she said. “People will come to detox and then transition to Atwater, and/or walk over to the clinic for their treatment.”

GCASA also offers The Recovery Station, a drug- and alcohol-free social setting at the former Bohn’s Restaurant building on Clinton Street Road, and a shuttle service for those in need of transportation.

For Hodgins and Murphy, both longtime employees at GCASA, integration, effective medications and counseling, and expansion of services provide opportunities for people with a substance use disorder to live healthy lives.

TIME TO WITHHOLD JUDGMENT

All three women also mentioned the need to eliminate the stigma associated with substance use disorder.

“We deal with a disease that is encompassed in shame, guilt and hurt,” Parry-Gurak said. “A lot of times, people that are pointing the finger saying to us, ‘What are you doing? You're not helping them? Or you're just giving them more ‘drugs’ are either someone who has been hurt by someone with a substance use disorder or someone who truly does not understand how difficult and complex this disease is.”

Murphy acknowledged that substance use disorder is “an ugly disease, and the behaviors that can be associated with it are not pretty.”

“Therefore, the stigma associated with substance use disorder is so strong in our society and this creates an additional obstacle for those with a substance use disorder,” she added.

When asked how she measures success, Hodgins said the word has different meanings for different people.

“It's really hard to define,” she responded. “People ask me all the time, what's your success rate? It's very hard to define because it's all individualized.”

ACCESS TO SERVICES

Hodgins, Murphy and Parry-Gurak said they know that many area residents are in need of substance use services and that GCASA has an open access policy where walk-ins are accepted.

Murphy said all prospective patients are assessed to see what treatment is appropriate,

“It’s about having a conversation.  With methadone, it’s a little different because things need to be done before they're actually admitted,” Murphy said. “There's a very specific process but it all starts with a phone call to our main number, 343-1124.”

For more information about GCASA’s treatment programs, call 585-343-1124 or visit gcasa.net. Walk-in assessments, with no appointment necessary, are done on Tuesday through Thursday prior to 11:15 a.m.

Photo: From left, Holly Main, assistant director; Kathy Hodgins, chief clinical officer; Danielle Ludeke, integrated clinic director, at Genesee/Orleans Council on Alcoholism and Substance Abuse. Photo by Mike Pettinella.

Disclosure: Mike Pettinella is the publicist for GCASA.

Updated: April 21, 4:30 p.m. with additional information about Laurie Oltramari nomination:

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The Genesee County Legislature, understanding that it has zero financial liability, is expected to pass a measure to allow the Genesee County Funding Corp. to secure up to $275 million in revenue bonds to finance a wide-reaching project of the Rochester Regional Health system.

The legislature’s Ways & Means Committee on Wednesday approved a resolution that describes RRH’s plan to finance or refinance capital improvement projects at several locations, including its new medical specialties building under construction on Route 98, north of the Thruway interchange in Batavia.

About $47 million in Series 2022 Bonds will be used for the “Batavia project:”

• Construction of an approximately 105,393 square-foot medical facility on Route 98 that will house extension sites of three RRH affiliate hospitals to be used for outpatient cardiac care, women's health services, primary care, urgent care, outpatient surgical services, gastroenterology, outpatient radiology and other outpatient services;

• Construction of approximately 56,147 square feet of related ground floor parking, and the acquisition and installation of machinery, equipment and other personal property.

A formal vote of the full legislature likely will take place at next Wednesday’s meeting at the Old Courthouse.

Last month, representatives of the Genesee County Economic Development Center proposed the idea of using the GCFC to act as a conduit bond issuer for RRH. Subsequently, the legislature voted to change the entity’s bylaws to allow for projects outside of the county as long as the business had operations in Genesee County.

RRH fits the bill as its network of hospitals and offices stretches across the state. According to the resolution passed yesterday, other capital improvement projects to utilize this round of funding will take place in the City of Rochester, Town of Potsdam, Town of Pittsford, Town of Penfield, Town of Canton and Town of Massena.

Before supporting this action, Ways & Means Chair Marianne Clattenburg asked for assurance that Genesee County bears no fiscal responsibility in the transaction. The premise of the resolution is that RRH would be able to issue bonds at a reduced interest rate by going through the GCFC.

“I support this as Rochester Regional Health has made a commitment to the county,” Clattenburg said. “It’s hard to get doctors to work in rural communities.”

In other action, the committee approved:

• An application for a New York State Office of Community Renewal Community Development Block Grant of up to $750,000 to support La Fermiere Inc.’s plans to develop a yogurt and dessert production facility at the Genesee Valley Agri-Business Park on East Main Street Road in the Town of Batavia.

Per the resolution, the project will create 135 new jobs and represents a private investment of more than $20 million. If received, the grant would help finance part of the costs of machinery and equipment, including furnishing and fixtures, as well as working capital expenses.

• The appointment of Robert Sotir of Batavia, organizer for the Bricklayers and Allied Craftworkers Local 3 NY, to the GLOW Workforce Development Board for a term at the discretion of the GLOW chief executive officers.

GOVERNOR NOMINATES OLTRAMARI

It also was announced that Gov. Kathy Hochul has nominated Laurie Oltramari of Batavia to serve as a representative on the Rochester-Genesee Transportation Authority board for a term of six years.

Contacted today, Oltramari, senior library clerk at Genesee Community College, said she initially was nominated by the Genesee County Legislature and went through "a lengthy process of submitting documentation and answering questions in terms of financial disclosures, conflict of interest, background check, public officers law, and board duties."

"I received notification yesterday that I was nominated by the governor to the Senate. I am now awaiting my Senate confirmation," said Oltramari, who previously served as executive director of the Downtown Batavia Business Improvement District.

Now that the City of Batavia Planning & Development Committee has put its stamp of approval on exterior changes to the Main Street side of the City Centre Mall, the project manager for the Batavia Players’ Main Street 56 Theater said he hopes construction-related issues won’t delay the project.

“We want to start as soon as possible, but the industry is short on materials and people. So, we'll have to work on a schedule to see when we can get people started again,” David Ciurzynski of Ciurzynski Consulting said today.

The City PDC on Tuesday night voted in favor of the new lighted façade that will serve as the primary entrance to the new theater.

Ciurzynski said he will speak to the architect about some necessary minor changes to the plan as requested by City Code Enforcement Officer Doug Randall, and then he will begin the bidding process for contractors next month.

When asked if the work will be done by December, he said, “We're really hoping that's the case. I don't see why we couldn't but it's going to really depend on labor and material availability. People and materials are the biggest challenges in construction right now, along with pricing.”

The façade, a storefront glass system with two levels, will “activate” that section of the mall and “give it a little bit of life,” Ciurzynski said.

“The upper piece will have an etched glass with an under-light LED strip that will add a little interest to the glass with the etching on it,” he said. “The etched glass will have the logo. When you light it at night, the logo will kind of glow instead of having this big marquee that sticks out in front of you.”

Ciurzynski said that will be the main entrance – the place people will enter the theater to access the ticket booth and concessions. Another smaller entrance will be available on the north side of the mall.

An open house and special craft/vendor show in the temporary theater space and dance academy is scheduled for 10 a.m. to 4 p.m. this Saturday, April 30. A hotdog stand will be operated by the Batavia Lions Club.

The Town of Batavia Planning Board on Tuesday night approved site plans for additions at O-At-Ka Milk Products on Ellicott Street Road and to buildings under construction by Gallina Development of Rochester at the Gateway GS LLC site on Call Parkway, north of the Thruway interchange.

Kelly Finch, senior director of engineering and operational technology at O-At-Ka Milk, explained that the project involves “increasing the plant’s capacity by fully utilizing what is there.”

Specifically, O-At-Ka Milk plans to construct a 58- by 70-square-foot addition that includes three storage tanks for the company’s growing alcohol-based beverage operation.

Finch said one of the tanks measures 15 feet high by 8 feet in diameter and the other two measure 28 feet high by 12.5 feet in diameter. The addition is to be placed on the south side of the property, which spans the corner of Ellicott Street Road and Cedar Street.

Rod Ives, civil engineer for Napierala Consulting of Syracuse, shared that the addition will go in an area that currently is paved, resulting in no stormwater runoff.

The planning board conducted a State Environmental Quality Review and found no adverse effects before voting in favor of the site plan.

Following that, the board voted favorably on the SEQR and site plan submitted by Gallina Development to change the square footage of two office buildings under construction.

The first would increase from 22,000 square feet to 30,000 square feet and the second would go from 27,000 square feet to 33,600 square feet. A third building, designated for future construction, will be reduced from 27,000 square feet to 17,400 square feet.

Overall, the total area of development originally approved – five building lots -- would remain at 135,000 square feet.

Calling it “a horrible idea,” Batavia businessman Jerry Arena tonight urged the Town of Batavia Planning Board to turn down a proposal by Benderson Development LLC to construct two restaurants on the parking lot of the former Kmart on Lewiston Road.

Arena was the lone town resident to speak at a public hearing on the Buffalo-based company’s request for special use permits for the drive-thru lanes of the yet-to-be disclosed retail operations. The planning board made it clear prior to the meeting that no action would be taken on the venture tonight.

Benderson is looking to build a 4,000-square-foot restaurant with a drive-thru and bypass lane at one end of the parking lot and a 6,752-square-foot retail/restaurant building with a 2,000-square-foot endcap coffee shop and drive-thru at the other end – both along Lewiston Road (Route 63).

Matthew Oates, engineering director, and Katherine Rowe, design engineer, for Benderson Development opened the meeting by giving a quick update on the company’s plans, mentioning an increase in the green space and landscaping, putting in new curbing and pavement, updating utilities and ensuring sufficient stacking space in the drive-thru lanes.

They said they are waiting on the completion of a traffic impact study – information necessary to keep the project moving forward.

Arena questioned if there would be enough parking spaces left over to accommodate shoppers once another business was found to occupy the former Kmart building.

After that, he was given the podium and articulated his concerns for about 15 minutes, visibly upset but able to keep his anger in check.

PROPOSAL 'AFFECTS' ALL CITIZENS

Armed with several documents, including the project application, Arena said “the mere fact that I got one (a notice of the public hearing) represents the fact that this special use permit affects my property at 8360 Lewiston Road (Jerry Arena’s Pizzeria) and my neighbors – the gun store, the car dealership, Calvin Nichols, the land that I have on Arena Parkway facing Lewiston Road.”

“I just shake my head when I see this and I'm trying not -- if I act like I'm going to be angry, if I'm perceived as I'm angry, it's because I really am. I'm just flabbergasted that this would get this far.”

Arena, citing an already congested traffic area and safety concerns, said that putting these new businesses at the front of the parking lot affects all residents of the town and city of Batavia and Genesee County.

“It affects them when they do their holiday shopping,” he said. “People who I talk to logically, and I say logically, assume that these three new businesses … it’s two buildings, three businesses. They logically assume that when the hear the news, they’re going to go into the old Kmart, which would be the best spot for them.”

He went on to say that he doesn’t “feel sorry for Benderson” because they can put the businesses in (the Kmart building).

“I don’t care how much it costs them and I don’t care if they’ve got to knock part of Kmart down and build a drive-thru,” he said. “This is what most people think – that it’s going to go into the old Kmart.”

‘PROBLEMS ON SEVERAL LEVELS’

Arena said the special use permit creates problems on several levels – “and I don’t even know where to start.”

“My main theme here is at what point do we stop creating and compounding traffic flows on Lewiston and Park roads?” he asked. “Surrounded by traffic flow problems with no sidewalks, this area of Lewiston and Park road will become more dangerous than ever for pedestrians, bicyclists and motorists.”

He said planners from years past “got it right” by wanting to place commercial enterprises onto Route 5, a four-lane highway.

“Well, things got turned around and OK, here we are,” he said. “There's big problems. I'm afraid to go down Park Road at night because one day I'm a law-abiding citizen and somebody might jump out at me from Batavia Downs and I'm sitting in my attorney's office facing a vehicle manslaughter charge.”

Arena said the entrance of the new businesses will come out onto Park Road – “as if Park Road isn’t a problem already.”

Noting that he has “a front seat” when looking out his pizzeria window, Arena said traffic is non-stop.

“You want to have a flea market, you want to put something next to my pizzeria, they don’t stop. They stop when the light turns red at Park Road and then you’re going to have to scoot out, because the light is going to change again. So, that’s my key thing here.”

He said that if and when Kmart is occupied again, the entrance and exit points on Lewiston and Park road “will not safely, safely, safely or adequately handle the additional 10,752 square feet of retail space.”

ARE THERE OTHER OPTIONS?

Arena said that as with an eminent domain situation, if planners have other options, “you’d think you’d want to use them.”

“Why can't you fill the Kmart … Batavia is really sought after right now,” he offered. “Batavia is a hot commodity between Buffalo and Rochester; people will come to Batavia.”

He also suggested placing the restaurants in areas where special use permits aren’t necessary, mentioning the Kmart building, property on Route 5 and land that he has for sale at the BJ’s Plaza on the south side of Lewiston Road.

Arena called out “the internet cowards” who say he is worried about competition.

“Oh, that’s really funny,” he said. “I’ve been in business since 1976. I’m not worried about another commercial business. I'm worried about the government more than anything. The government can put me out of business and they seem to be working at it.”

He said the “other swipe” at him is that he is mad because Benderson isn’t looking at the property he has for sale.

“My land for sale doesn’t need any zoning permit. It's at the intersection of Lewiston Road and Veterans Memorial Drive. It's in the BJ’s Plaza,” he said. “All the traffic will be regulated by the traffic light. It’s visible from Lewiston Road -- part of the BJs Plaza. And it’s for sale and doesn't require any kinds of permits.”

SAFETY IS A BIG ISSUE

Planning Board Chair Kathleen Jasinski interjected that a traffic study will be available for review before the board’s next meeting, and stressed that safety is a concern.

Arena said his premise is based on the fact that the former Kmart building is available.

“You can sit here all you want and say, ‘Well, we're filling a vacant parking lot. No, no, the parking lot isn’t vacant, the building's vacant.”

He said he disagrees with Benderson’s position that the project will improve the area and won’t result in a substantial increase in traffic above present levels.

“I don't see how that's mathematically possible,” he said.

Reading from an report in the application, Arena asked, “Are there any pedestrian accommodations or bicycle routes available at or near the site of the proposed action? Check mark, Yes. I don't see any sidewalks bicycle routes. Maybe I'm missing them. Maybe Matthew (Oates) can show me where he bicycle routes are."

“I see babies – two in one day. One in a wagon, getting pushed in the street and one in a stroller. And then you get your handicapped people. They’ve got their flags, and they’re driving their little thing. The mailman has got to be afraid of getting hit. At what (point) do we stop compounding? We've got a problem there.”

Arena said if Panera Bread, Popeyes or Starbucks want to locate in the town, there are spots for them other than the proposed site.

(A call and email to James Boglioli, Northeast director, right to build for Benderson, seeking the names of the businesses were not returned at the time of the posting of this story).

LEGAL ACTION A POSSIBILITY?

While hoping that the planning board votes against issuance of the special use permits, Arena said that he is prepared to take legal action to try and stop the project.

“There's a possibility that if you go through with this, I will file an injunction,” he said. “I've done it in the past and am familiar with that -- with Benderson putting BJ’s Plaza in a residential area, I fought it. I fought the good fight. I lost.”

He said he cares about the citizens of Batavia and reiterated that “it’s just a bad idea.”

Contending that zoning codes were adopted “with the purpose of protecting and promoting public health and safety," Arena said he believes his lawyers would have a “pretty good shot” at stopping the proposal.

In closing, he said he “hates to see this happen when there are other options.”

“Let's make Batavia safe again. Get your ducks in a row,” he said. “If you do issue a permit, get sidewalks. People walking down to Walmart, any of those things. It's a nightmare. It's got to be the worst commercial development possibly in the whole Western New York, if not the whole New York. It’s dangerous.”

Photos from tonight's Town of Batavia Planning Board public hearing at the Batavia Town Hall on West Main Street Road. Top: Jerry Arena, owner of Jerry Arena's Pizzeria on Lewiston Road since 1976. Bottom: Matthew Oates and Katherine Rowe of Benderson Development. Photos by Mike Pettinella.

Previously: Benderson director gives some details, but keeps the names of the Kmart parking lot tenants to himself

With cost estimates running as high as $130 million for Phase 4 of the Countywide Water Project in the next few years, Genesee County legislators are jumping at the chance to use federal funds now to finance a Phase 3 construction initiative with the Town of Alexander.

The legislature’s Public Service Committee on Monday approved a resolution that forges an agreement with the town to install water transmission mains and a water storage tank as part of the formation of Water District No. 6.

The key component of the contract is that the county’s portion of the $11.2 million project -- $5,424,000 – will be paid by using some of the American Rescue Plan Act funding it received from the federal government.

County Engineer Tim Hens told the committee that the county will make two deposits into an escrow account that will be used by the Town of Alexander to pay the contractor as needed during construction. The county will monitor the work being performed and certify all draw requests by the town.

"The work will cover the northwest corner of the town -- every public road west of Route 98 and north of Route 20," Hens said. "We are running new water lines to the town, upsizing the mains to 12 inch for transmission and erecting a tower on Halstead Road to feed back into Batavia."

The agreement took a bit longer than usual to make it to the committee as attorneys for both parties had to ensure that the language complied with ARPA requirements.

As previously reported on The Batavian, the county will save $3.3 million in interest by utilizing ARPA money instead of having to bond the expense.

Two other resolutions pertaining to the Countywide Water Project were approved by the PSC, and forwarded to the full legislature:

• Change orders to a Phase 2 project with the City of Batavia wellfield – one with Frey Well Drilling of Alden to deduct $10,000 from the contracted amount and another with Villager Construction of Fairport to add $27,000 to the contracted amount.

Frey’s work involved Well C, while Villager is being paid for the additional work of cleaning and rehabilitating Well A.

The change to the Frey contract lowers the total amount to $137,900, while the change to the Villager agreement raises the amount to $421,000 and extends the contract time to complete the Well A improvement to this fall.

• A budget amendment increasing the Water Fund by $79,000 to cover anticipated expenses related to governmental relations contracts at both the federal and state levels through the end of this year.

In other action, the committee:

• Approved a request to include a 53-acre parcel off Harlow Road in the Town of Darien to Agricultural District No. 1 and set a public hearing on the matter for 5:30 p.m. on May 25 at the Old Courthouse. County Planning Director Felipe Oltramari advised committee members that the land does qualify under the guidelines of the New York State Agriculture and Markets Law.

• Approved the appointment of Batavia business owner Derek Geib to the Genesee County Planning Board to replace Richard Richmond II, who recently filled a vacant seat on the Batavia City Council. County planning board members serve on a volunteer basis.

The Genesee County Sheriff’s Office will be reassigning its courthouse deputy positions in light of news that the New York State Office of Court Administration will be providing its own security team this summer.

County Sheriff William Sheron shared this during an update of his department today at a meeting of the County Legislature’s Public Service Committee at the Old Courthouse.

“The Office of Court Administration that oversees the (Genesee County) Court Facility … did put us on notice that they're going to have their own private security take over,” Sheron said. “The court security (change) originally was going to be April 1^st, but that did not give us enough time for transition so they did agree to July 1^st. That means the five court officers -- deputies and sergeant -- will be returning to the sheriff's office and assigned to various duties.”

Sheron said the court positions will be eliminated through attrition.

“Right now, we have two vacancies and we anticipate a third officer will be retiring in July,” he said. “Another officer (will retire) at the end of the year and a third officer, the first part of 2023.”

He said the court sergeant will return to road patrol and be assigned as an administrative sergeant.

“I do need some type of position … to take up some of these administrative duties that just got overwhelming over the last few years with discovery and body cam footage and so forth,” Sheron advised.

The sheriff reported that four deputies will be completing field training next month.

Additionally, two deputies came to the department as lateral transfers from Syracuse and the State Park Police, which will save the office “a little money … as they came to us fully trained,” he said.

Two other deputies are in law enforcement academies, with one in Erie County to be available for duty in December and the other in Niagara County to be available for duty in February 2023.

At least a half-dozen officers are in other types of training, Sheron said.

“We do have a young staff so we have a lot of in-service training for investigators -- anywhere from basic criminal investigations training to evidence collection and interview interrogation,” he said.

Included in that group are the office’s K9 patrol, Sheron said, noting that “both of our canines are doing very well – healthy at this time and are on patrol.”

The Sheriff’s Office school resource officer program is running smoothly, he said, adding that Pavilion Central School District recently voted to go from a 12-month contract to a 10-month contract that will take effect in September.

Sheron said he is having to deal with the excessive amount of time that it takes to deal with certain crimes, especially fraud cases.

“Everything’s requiring a subpoena or search warrant,” he said. “Banks just want more records. It's really taxing on our investigators. I just want to bring that to light because we are seeing more and more and more of this.”

Statistically, deputies are seeing a dramatic increase in the number of warrants served.

“Usually, we have 170 to 190 active warrants at a time. Right now, we’re running 325 to 350,” the sheriff said.

Some more statistics, as of April 1:

• Felony investigations, 71.
• Juvenile investigations, 8.
• Drug task force investigation cases, 10.
• Other investigations (misdemeanors, pistol permit, fatal traffic accidents), 167.
• Items of evidence processed, 312.
• Incidents, 7,799.
• Background investigations, 11.
• Motor vehicle accident reports, 324.
• Motor vehicle accidents, 474.

The Sheriff’s Office oversees seven areas: jail, civil/records, criminal investigations, communications, road patrol (including animal control), Genesee Justice and Justice for Children Advocacy Center.

Department heads reported to the Public Service Committee in the following areas today:

COMMUNICATIONS

Emergency Communications Director Steven Sharpe said his department is having difficulty filling four part-time dispatcher positions, citing qualifications, the “plug-in” nature of the shifts involved and the hourly wage being offered.

“We’ve got people who are on the Civil Service list but they don’t want to take a part-time job,” Sharpe said. “So, they also tie up the list. Part-timers that we do get – who are on the list – we can’t reach them when a full-time position opens. There are other people ahead of them on the list that won’t take the part-time job.”

In an effort to attract young people into emergency dispatch, Sharpe is trying to develop a curriculum at Genesee Community College, but acknowledged that it has yet to take hold.

Sheron also noted that starting pay for a dispatcher is $20.37, less than the $20.50 being offered to overnight stockers at Walmart.

“And it’s not just law enforcement, it’s everywhere,” he said. “We’re going to have to start looking at wages.”

Other communications highlights:

• 2021 calls for service: 76,751 (consisting of 81,107 dispatch events for police, fire and EMS).
• Molasses Hill Tower is complete and was funded by four different NYS Statewide Interoperable Communications Grants. The final acceptance occurred in February.
• The Cedar Street Tower at County Highway department is significantly overloaded and will require replacement due to changing engineering standards. Ice loading requirements have been increased from a half-inch under previous standards to 1-3 inches. Sharpe is seeking budgetary quotes to submit a capital improvement project for 2024 at the latest.

COUNTY JAIL

Jail Superintendent William Zipfel said openings include a senior correction officer, part-time correction officer, registered professional nurse and, as of this month, six correction officers (four to replace the officers assigned to the new jail transition team).

He also said he has been unable to find someone to fill the part-time cook job (paying $17.32 per hour) for quite some time.

Expenses are going up significantly, specifically in the Medicated Assistance Treatment program, food, supplies and energy, Zipfel said.

The MAT program is straining the jail budget due to the fact that prescribed controlled substances, such as suboxone, cannot be returned for refunds and cannot be given to another inmate. They must be destroyed.

People come in and they get prescribed suboxone and methadone and all kinds of controls, and next thing you know, they're released. We can't send those back. We can't use them for anyone else,” he said. “We turn it over to an investigator and they get destroyed. And until somebody decides to do something about this program that says, ‘If I want it, I get it,’ I don’t know what we’re going to do. It just keeps increasing and increasing and increasing.”

Zipfel said the jail’s overtime budget is on the rise, as well, due to the “huge number of hours just for constant watches in the first quarter of this year.”

“I don't see that stopping or going down a lot. We're dealing with sicker population as far as physical and mental issues, and we have to put them on constant watch,” he said, adding that intervention by mental health professionals has helped.

Some jail statistics through the first quarter of 2022:

• Overtime Budget, $112,369.
• Constant Watch and Hospital Hours, 2,118.
• Food Costs/Meal Services, 15,799 meals served; $21,677.06 total cost; $1.3720 cost per meal.
• Average Daily Population, males, 55.6.
• Inmates Boarded Out, females, 30 inmates, $64,300 (not including Wyoming County).
• Inmates Boarded Out, males, 10 inmates, $25,140 (not including Wyoming County).
• Parole and State Readies as a portion of the Average Daily Population, 15.

GENESEE JUSTICE

Program Coordinator Diana Prinzi reported three part-time community service/victim assistants are needed, but the possibility of combining two of the part-time jobs into a full-time position is being considered.

Funding for the department through the Office of Victim Services decreased this year by nearly $14,000, dropping the total to $130,104 – the original funding amount released in 2019.

She said the office is requesting $181,917 per year for the new contract period that runs from Oct. 1, 2022 through Sept. 30, 2025. Department of Criminal Justice Services’ grant funding: has remained the same since 2019.

The agency’s program numbers in the area of Release Under Supervision, Community Service and Victim Assistance are increasing and expected to hit or exceed pre-COVID statistics.

JUSTICE FOR CHILDREN ADVOCACY CENTER

Program Coordinator Theresa Roth said her department is actively recruiting for a supervising clinical social worker, a position that has been vacant since it was created last November.

Last year was the busiest in the history of the JFCAC, she said, with 262 new cases opened, and this year is expected to meet or exceed that number.

A contract with the state Office of Children and Family Services for funding of the agency’s satellite offices in Albion and Warsaw has been renewed through September 2027, she said, noting that having these locations results in signficant savings for Orleans and Wyoming counties.

Roth also reported a “small cut in funding” from the state Office of Victim Services.

That drew the ire of Legislator Marianne Clattenburg, who called it “reprehensible” that the state would not prioritize services for abused children.

Photo at top: Genesee County Sheriff William Sheron reporting to the Public Services Committee this afternoon. Emergency Communications Director Steven Sharpe is in the background. Photo by Mike Pettinella.

Curtis Foss of Medina closed out the Sneezys Monday Night League season at Oak Orchard Bowl in Albion on a high note last week by rolling an 808 series -- his seventh 800 in league play since last October.

The right-hander's games were 260-290-258.

In the Wednesday Men's Handicap League at Rose Garden Bowl in Bergen, Josh Elliott posted 258--733 and Frank Jarkiewicz shot 278--723.

In league play at Medina Lanes, Amy Allis rolled 279--717 on April 4 and followed that up with 256--735 on Thursday night.  A solid 10-pin in the 10th frame of the 279 cost her a chance at a perfect game.

ROCHESTER BOWLER TRIUMPHS

Nicholas Manioci of Rochester claimed the $750 first prize in the Hop Between Singles Handicap Tournament at Medina Lanes, defeating Hayden Allis of Medina, 206-204, in the title match. Allis earned $500.

Rounding out the top five were Derek Leach of Batavia ($350), Teagan Miller of Albion ($250) and Chris Foss of Medina ($175).

Eighteen of the tournament's 60 bowlers cashed.

Mancuso Bowling Center will be hosting a three-person handicap no-tap tournament on April 30, with squad times at noon and 2 p.m. The entry fee is $75 per team and first place, based on 40 entries, is $750. Call 716-474-7960 to enter.

Three longtime Genesee Region USBC members will be inducted into the bowling association’s Hall of Fame at its annual banquet at 6 p.m. May 14 at Batavia Downs Gaming on Park Road.

In the Meritorious Service category, Tom Fluker of Batavia and William VanAlst of Stafford, will be enshrined while in the Outstanding Achievement Veteran category, Tim Fonte of Dansville will be honored.

TOM FLUKER, BATAVIA

Fluker made his mark as a GRUSBC director and officer for 12 years – including six years as president – and also as a United States Bowling Congress Level I bowling instructor. He was instrumental in creating numerous adult and youth tournaments in the association and oversaw the growth of the Genesee Region Youth Travel League.

He served as president of the Turnbull Heating Junior League at Mancuso Bowling Center for 14 years and previously was an officer of adult leagues at Mancuso’s. Fluker also had a lead role in creating the GRUSBC’s website and creating the association’s awards program, which is one of the strongest in New York State.

On the lanes, Fluker, 51, has recorded 11 300 games and has high league averages of 225 and 221. He also placed first in the GRUSBC Bracket Challenge tournament in 2019 and inthe association scratch singles event in 2017.

WILLIAM VANALST, STAFFORD

VanAlst, 71, has been an association member for 48 straight years – all with the Tuesday Night League at Le Roy Legion Lanes, where he has served as secretary-treasurer since 1977.

He also was director and coach of the Legion Lanes junior bowling program and Le Roy Junior Travel League from 1987-2001, coaching more than 160 young bowlers over that time.

Prior to the formation of the GRUSBC, VanAlst was secretary-treasurer for 10 years of the Genesee Valley Young American Bowling Alliance that included programs from nine bowling centers – Le Roy, Oakfield, Caledonia, Livingston, Mount Morris, Perry, Letchworth, Bennington and Dansville.

TIM FONTE, DANSVILLE

Fonte is one of Mount Morris Lanes’ most consistent bowlers over his 47 years as a member of the Perry Bowling Association and GRUSBC – averaging over 190 for many years before the era of high scores and over 200 for nine of the past 10 seasons.

He rolled a 300 game in 1997, 299 in 1998 and recorded another milestone – an 806 series – on Dec. 1, 2021 at the age of 73. Fonte has excelled in tournament competition as well, cashing in the Lilac City Tournament in Rochester and the Wild Irish Rose Tournament in Canandaigua, as well as in local association events.

Off the lanes, he worked at the pro shop at Mount Morris Lanes for 18 years, serving as manager from 1994-2003. He also coached youth bowlers there for 15 years.

Alexis Patterson of Dansville, a bowler in the Mount Morris Youth League and GR Youth Travel League, will receive a $750 scholarship given annually to graduating seniors.

The guest speaker for the evening will be Ramon “Ray” DiSanto Sr., a member of three Halls of Fame in New York State – GRUSBC (1976), Rochester NY USBC (1978) and NYS USBC (1995). DiSanto recently retired after many years as owner-operator of Bowlers World pro shop in Henrietta.

The event also will serve to honor tournament champions and individual season leaders.

The cost of the dinner is $30, with the following exceptions:

• NO CHARGE -- GRUSBC directors, Hall of Fame inductee(s) and one guest, adult tournament champions (limit one tournament only), youth tournament champions and one guest (limit one tournament only), guest speaker if applicable, scholarship recipient(s) and one guest.

• HALF PRICE -- Past GRUSBC Hall of Famers, league secretary or representative (limit one per league).

The deadline for reservations is May 5. No reservations will be taken after that date and no one will be allowed to "walk in" on May 14. Seating is limited, so ask fast.

Open to all GRUSBC members and guests, the banquet also will include a brief memorial service and election of officers and directors.

RSVP by May 5 by sending an email to mikep@bowlgr.com or by calling 585-343-3736.

After a long career in the natural gas and oil exploration industry, Pembroke resident William Gerych is ready to put the “bright” idea he has been holding onto for a while into action.

Gerych and his wife, Mary Ann, attended tonight’s Genesee County Planning Board meeting at County Building 2 on West Main Street Road, seeking a special use permit for a home-based business: Creating and repairing neon signs.

“It’s something I’ve always wanted to do,” said Gerych, who has worked for Lenape Resources, Inc., of Alexander for the past 39 years. “I like bending glass and have learned that it is truly an art.”

He said he spent six weeks learning the craft in a one-on-one training session with Howie Cohen, owner of Just Neon in Utica.

Gerych said neon sign repair is a “dying industry” because there aren’t a lot of people specializing in the vocation, but believes there is a market for it. His business plan is to advertise through the internet and to contact stores and restaurants that either sell or display the signs.

The planning board, understanding that Gerych will work out of his pole barn-style garage behind his house, recommended approval of the special use permit request with the stipulation that storage and disposal of any hazardous materials must comply with state and federal regulations.

In other action, the board recommended approval of:

• The downtown design site plan for a new façade at 35 Batavia City Centre for the Batavia Players’ Main Street 56 Theater;

• Site plan of additions to two office buildings under construction on the Gateway GS LLC (Gallina Development) site on Call Parkway. One building is going from 22,200 square feet to 30,000 square feet and the other is going from 27,000 square feet to 33,600 square feet. A third building, designated for future construction, will be reduced from 27,000 square feet to 17,400 square feet;

• Site plan for a 55- by 70-foot addition at O-At-Ka Milk Products on Ellicott Street Road, a project known as a MaCC Room Expansion.