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Senior winger Gavin Schrader scored three goals and freshman Brady Johnson tallied a pair of goals and three assists to lead Batavia Notre Dame to a 9-2 victory over Fulton in Friday night's opening round of the Dave McCarthy Memorial Christmas Tournament at the Batavia Ice Arena.

The victory puts United in the championship game at 3 this afternoon against Webster Schroeder, which defeated Bishop Timon, 10-0.

United, 4-2, scored twice in the first period, three times in the second and four times in the third as it outshot the Red Raiders, 50-20.

Jameson Motyka opened the scoring a minute and 46 seconds into the game (assisted by Parker Corbelli and Johnson) and Johnson made it 2-0 about two minutes later (assisted by Andrew Kasmarek and Motyka).

Kasmarek (assisted by Gino Falleti and Addison Warriner) gave BND a 3-0 cushion early in the second period before Nick Long answered for Fulton with 9:28 on the clock.

About four minutes later, Schrader – who now has 13 goals this season – converted a pass from Ronin Hofmaster before returning the favor, setting up Hofmaster for a goal with 1:40 left in the period. Alex Johnson assisted on Schrader’s goal and Zack Eschberger picked up an assist on Hofmaster’s goal.

In the third period, following a goal by Jameson Motyka (assisted by Brady Johnson), Schrader scored back-to-back power play goals with 11:47 and 9:42 on the clock. Motyka and Brady Johnson assisted on the first one, with Hofmaster and Eschberger assisting on the second goal.

Brady Johnson closed out the scoring with 8:04 left (assisted by Noah Whitcombe).

United goaltender Courtney Schum made 18 saves, including a stop on Fulton’s Nick Long on a breakaway midway through the first period.

Owen Dixon scored the other goal for Fulton, 1-5-2. Fulton and Bishop Timon will meet in the consolation game at noon.

The Genesee County Airport will receive $159,000 in federal funding through the recently-enacted Infrastructure Investment and Jobs Act, U.S. Senators Chuck Schumer and Kirsten Gillibrand announced on Thursday.

The latest round of funding will distribute $136,977,897 to 59 airports across New York State. Money can be used for improvements related to runways, taxiways, safety and sustainability projects, as well as terminal, airport-transit connections and roadway projects.

County Highway Superintendent Tim Hens, who oversees operations at the airport on Saile Drive, said he believes this award is another in a series "of standard funding that we normally get that doesn't have any fanfare attached to it."

Hens said he is waiting for more details on a similar funding announcement in the fall and has no specific information about yesterday's news.

 

The COVID-19 pandemic has sabotaged many projects over the past two years, but it hasn’t been able to stop planners and consultants working with Genesee County from advancing the Genesee 2050 Comprehensive Plan and Recreation Plan.

In fact, the coronavirus paved the way for a new dynamic – the ability to meet via Zoom and other social media outlets to engage members of the focus groups who have contributed to the Comprehensive Plan, said Eve Holberg, planner/project manager with Joy Kuebler Landscape Architect of North Tonawanda.

Speaking at a presentation to the Genesee County Legislature tonight at the Old County Courthouse (and via Zoom), Holberg (photo at right) said that moving the process online has alleviated the challenge of bringing stakeholders together and has been key in communicating the various surveys that helped mold the documents.

“Zoom and other meeting platforms … can boost the efficiency of the focus groups (who) want to see their quality of life preserved,” she said.

About 10 people attended in person and several others viewed and listened remotely to the presentation, which also included an overview of the Recreation Plan and the Genesee 2050 Hub Site (www.Genesee2050.com) by Michael Kane and Jenny Mogavero, respectively, principals at Prospect Hill Consulting in Buffalo.

Joy Kuebler Landscape Architect and Prospect Hill Consulting have been commissioned by the Genesee County Planning Department to draft the updated plans, which carry the overarching goals of enhancing quality of life issues and providing viable places and opportunities that promote healthy living, recreation and the arts.

‘NOT YOUR GRANDFATHER’S PLAN’

Holberg said the economic, cultural and educational landscapes have changed considerably since the county first embarked on comprehensive planning more than 20 years ago.

“This is not your grandfather’s Comprehensive Plan,” she said, noting that she and others have been working on this for 18 months. She also touted the Genesee 2050 interactive website that will "carry the plan forward.”

The vision of the 2050 Comprehensive Plan targets the wishes of the residents of Genesee County and the willingness of county government “to advance budgeting and funding to achieve these ambitions,” she said.

Overall recommendations include maintaining and expanding the focus groups that have set the plans in motion and to sustain Smart Growth, the component that preserves the county’s farmland, promotes sustainable growth and supports economic development strategy.

The Genesee 2050 Comprehensive Plan lists 10 priority elements that are keys to achieving its goals:

• Land use, environment and place making;
• Agriculture and food production;
• Arts, culture, parks and recreation;
• Housing opportunities;
• Transportation and mobility;
• Technology and utilities;
• Community wellness;
• Economic and workforce development;
• Safety, security and justice;
• Government and education administration.

Holberg provided an example when talking about transportation and mobility, suggesting a pooling of transportation resources (Social Services, Office for the Aging, Veterans Services) “to make it possible to have a better mobility system and to keep people in their communities.”

RECREATION PLAN: AN ALL-IN VENTURE

The first of its kind in Genesee County, the Recreation Plan is a road map for future development – “an ambitious plan” that considers the extensive facilities and parks in the City of Batavia and the county’s towns and villages, Kane said.

The plan’s five goals and objectives – “which remained consistent as the project evolved,” Kane said – are as follows:

• Develop plans that equitably meet community recreation needs;
• Promote healthy living;
• Promote tourism through recreation, arts and cultural attractions;
• Promote new trails and park development, and local and regional trail connections.
• Promote/maintain youth recreational services.

Parks in the county for the most part are in excellent shape, Kane said, adding that information on all the parks and recreation areas is attractively displayed in the Recreation Plan.

His team reviewed more than 50 plans, including county, town and village comprehensive plans and New York State’s open space/recreation plans, and assessed the parks’ accessibility by walking and by car to “identify gaps in the county’s recreational inventory.”

Thus far, more than 20 projects have been identified, including expansion and upgrading of Ellicott Trail, creation of a new trail at Genesee Community College, paving of the shoulders of county roads for recreational use, establishing public spaces at Oatka Creek and reuse of the former amusement park at Indian Falls.

Kane said the projects are prioritized by how strongly they hit the five goals mentioned above. He also said these potential projects give Genesee County and other municipal entities a better chance to receive grant funding.

HUB SITE: AN EXTENSION OF THE PLAN

The Genesee 2050 Hub Site is a tool for the county to maintain the Comprehensive Plan and a platform to support community engagement activities, Mogavero said.

“It includes tools, data and documents for the focus groups .. and ensures that the plan will have a long shelf life,” she said, advising that the website will include the ability for public feedback in real time and links to agencies and maps to obtain current information.

In the end, Holberg said both plans reflect the values shared by county residents.

“Everyone wants more trails, and (because of that) the county can look for funding opportunities,” she said.

In Le Roy Village Police Chief Greg Kellogg’s eyes, an agreement between the village and town boards that expands his department’s reach is all about protecting life and property.

Over the past week, town and village government officials came to terms on a contract that would enable village police officers to respond to situations in the town, with the goal to enhance the public safety coverage already in place.

“Really, it's essentially for emergency calls and for protection of life and property,” Kellogg said today. “It’s not all calls. It's just a supplement, an augment to the law enforcement that's already out there -- the Genesee County Sheriff’s Office and the New York State Police.

“So, if they're unable to respond and need our assistance, we're certainly available to do that. But the contract is obviously to not take away from the level of service already provided.”

Town Supervisor Jim Farnholz, in calling it “win-win for everyone,” said village officers won’t patrol in the town – that will be left up to sheriff's deputies and troopers – but they will be available to assist on emergency calls, for example.

“It will decrease the response time to those in need,” he said.

He also emphasized that this action will save manpower in the long run when Le Roy officers are able to handle a situation and advise other agencies not to respond.

“The agreement also includes responding to Le Roy Central School (on South Street Road in the town),” Farnholz said. “We’ve been working on this for a year and we’re pleased to be able to reach an agreement.”

Kellogg said the municipalities had a similar arrangement from 1983 to 2010, but the contract expired and wasn’t renewed. He said the town reached out to the village to reinstate the service.

“The town is interested in providing that additional level of protection in the event that we're closest and we can get out there and assess the situation,” he said. “Obviously, we're not going to deploy any resources into the town and leave the village uncovered. Our priority is the protection of all property and persons within the village.”

The police department employs around 16 officers, including a resource officer in the Le Roy Central School District.

Village Mayor Greg Rogers credited Sheriff William Sheron, Undersheriff Bradley Mazur and County Legislature Chair Rochelle Stein for their input in leading to the contract, which calls for the town to pay the village $20,000 for a year’s worth of service.

“This is about giving the people in our area the best chance to succeed in emergency-type situations,” he said. “There are 14 miles of road in Le Roy and just about everyone in the village travels into the town on a regular basis.”

Thirteen of the 20 municipalities in Genesee County have decided to opt out of allowing cannabis retail dispensaries and on-site consumption places.

According to information provided on a Marijuana Opt-Out Tracker compiled by the Rockefeller Institute of Government and phone calls made by The Batavian to town and village officials, this is the current tally:

OPT OUT

Towns – Alabama, Alexander, Batavia, Bergen, Bethany, Elba, Le Roy, Oakfield, Stafford.

Villages – Bergen, Elba, Le Roy, Oakfield.

OPT IN

City – Batavia.

Towns – Darien, Pavilion, Pembroke.

Villages – Corfu.

UNDECIDED

Towns – Byron (vote on Dec. 27).

Villages – Alexander (vote on Dec. 28).

The state’s Marijuana Regulation & Taxation Act was signed into law by former Gov. Andrew Cuomo on March 31. It requires municipalities to either opt in or opt out by Dec. 31.

Communities opting out can opt in at a later date, but those opting in will not be permitted to opt out.

Cities, towns and villages that have opted out are subject to permissive referendum should residents wish to push for retail dispensaries, such as storefronts to buy products for home consumption and adult use consumption sites.

Economists estimate that legalized sales of marijuana products will become a $1 billion industry with expected annual revenue of $350 million and the creation of around 45,000 jobs.

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

The Batavia Town Board tonight, by a 3-2 tally, voted in favor of a local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites in the town, likely triggering a public referendum to gauge the municipality's pulse regarding the New York's Marijuana Regulation & Taxation Act.

At their monthly meeting at the Town Hall of West Main Street Road, Council members Sharon White, Patti Michalak and Supervisor Greg Post voted for the resolution passing Local Law No. 7 of 2021 to opt out, while Chad Zambito and Dan Underhill voted against the resolution (and to opt in).

Kelly March of Clinton Street Road, (photo at right), appearing before the board for the second straight meeting to voice her support for the cannabis legislation, said she was "disappointed" in the outcome but vowed to press on through the permissive referendum process.

"I'm pretty disappointed, but I knew ahead of time they were not going to be passing it," she said. "But I wanted them to be able to look me in the eye and not pass it."

Asked what's next, she said, "We're going to do the referendum. We're going to work with the town board. We knew ahead of time that that would be the case, and they're very willing to work with us ... to help us through the process to that."

March said there is a broad base of support throughout the town and even to the tri-county area for the reformed marijuana laws that would ensure safe, high quality cannabis. She added that she was disappointed that some of the farming community "is not supportive of farmers, essentially."

As far as the referendum is concerned, she said that she is "going to do my homework" to get some legal advice.

"And we do have lawyers that are working with a lot of other towns and villages, you know, constituents that are doing the same thing we are right now. So, I'm very confident that you will have good guidance and people to work with," she said. "We've seen a really good uptake in people opening up and talking about cannabis now."

March said she had hoped to meet with Post prior to tonight's meeting, but that didn't happen due to scheduling conflicts. She said that Penelope Hamilton Crescibene, who also was at the Nov. 17 public hearing on the MRTA, did get answers to questions regarding taxation and banking, "which were grave concern to them."

Post did address March tonight following her brief statement that urged board members to consider her opinion when they voted on the resolution.

"I want you to know that you were heard," he said. "Regardless of our vote, this is in the hands of the people."

On another front, the board voted to extend the town's moratorium on solar energy systems for another six months as a special solar committee completes its work.

A public meeting on the town's revised solar guidelines is scheduled for 6 p.m. Dec. 29 at the Town Hall, immediately following a special town board meeting at 5 p.m.

Previously: Two advocates speak out about opting in for cannabis dispensaries

The Genesee County Legislature, in a special Committee of the Whole meeting minutes ago, approved a contract with Common Ground Health of Rochester to join forces with Causewave Community Partners, also of Rochester, to conduct a regional marketing and outreach campaign promoting the benefits of the COVID-19 vaccine.

Genesee County's cost of the $150,000 initiative, which will focus on the rural counties of the Finger Lakes Region, is $15,171.10 -- using federal grant money.

"We believe this is a small investment of federal dollars to go toward outreach efforts to educate the hard-to-reach people and the vaccine hesitant," County Manager Matt Landers said. "The campaign is not designed to sway people who have already made up their minds concerning vaccination."

The resolution states that the proposed marketing and outreach strategy will consist of purchased advertising in a number of local and regional outlets, earned media, and targeted direct mailings to particular populations within the region.

It also indicates that public health directors and county leaders see a "pressing need to undertake the campaign to increase vaccine uptake rates and to try to slow the increase of cases, hospitalizations and deaths from COVID-19."

Landers said wording in the contract includes the opportunity for the county to be reimbursed should the agreement be terminated before all services are rendered.

 

The City of Batavia has been awarded $1 million for a Jackson Street water line replacement project through Round XI of New York State Regional Economic Development Council’s Community Development Block Grant program, Gov. Kathy Hochul announced on Tuesday.

City Manager Rachael Tabelski confirmed that the city’s application for the grant, which was submitted in June, has been approved.

The project is one of 488 initiatives throughout the state to share in an additional $196 million in funding.

The work consists of replacing the 4- and 6-inch lines on Jackson Street with 8-inch water main at an estimated cost of $1,351,908, with $351,908 committed from local funds. According to the REDC, the improvements will benefit 213 persons of which 144 or 68 percent are low-and-moderate-income persons.

“It’s the residential portion of Jackson Street, not the commercial side,” Tabelski said.

Currently, the stretch of roadway from Ellicott Street to South Jackson Street on the western side of Jackson contains 4-inch line; a 6-inch line is under the sidewalk between Watson and South Jackson on the eastern side of the road from Central Avenue to Ellicott Street.

The commercial portion of Jackson Street – north of Ellicott Street – will be a separate project, she said.

All of these lines will be eliminated and service will transfer to an 8-inch water main. The project will cover around 2,250 linear feet of water line replacement and also will address elimination of lead water services if encountered.

Other Genesee County projects to receive funding are as follows:

• Batavia Development Corporation -- Brisbane Mansion Technical Assistance Project: The BDC will complete building reuse analyses for the historic Brisbane Mansion (currently housing the Batavia Police Department) in downtown Batavia; $20,000.

• Town of Batavia -- King's Plaza Sewer Pump Station: The total estimated project is $1,485,000 with $ 184,000 from Water Infrastructure Improvement Act & $553,500 from local sources. The improvements will benefit 623 persons of which 517 or 83 percent of whom are low-and moderate-income persons; $747,500.

• Town of Batavia -- Replacement of Existing Water Meters: The town will use Green Innovation Grant Program funds to replace existing water meters with Advanced Metering Infrastructure technology. These replacements will reduce water consumption in the Town; $730,000.

• Town of Byron -- Engineering Planning Grant Study: The EPG program will fund the development of an engineering report to assess the existing condition of the Byron Mobile Home Community wastewater collection system, evaluate alternatives, and recommend improvements to the Town of Byron; $30,000.

• Genesee County -- Expansion of Incubator Models: High Tech Rochester and Rochester Institute of Technology's Venture Creations Incubator have partnered to lead the Finger Lakes Innovation Hotspot. Through the Hotspot initiative, they seek to expand their successful incubator models to serve more entrepreneurs, including those in historically underserved counties and locations; $1,250,000 (Also includes Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming, Yates).

 

Updated Nov. 15, 2 p.m. with statement from Oakfield Village Mayor David Boyle:

With the Town of Oakfield on board with the amount it will have to pay for fire protection service for 2021-22, it has decided to “drop” its dispute with the Village of Oakfield for several months.

That’s what Oakfield Town Supervisor Matt Martin reported to The Batavian today on the heels of village and board meetings on Monday and Tuesday of this week, respectively.

When asked what has been agreed upon, Martin said, “Basically, nothing has changed whatsoever. It is what is was four years ago. So, the contract is the same as the existing contract.”

The town board will pay the $49,126 fee charged by the village for services provided by the Oakfield Volunteer Fire Department for the period covering June 1, 2021 through May 31, 2022, Martin said. The village owns the fire trucks and equipment, while the OVFD owns the building on Albert Street.

According to the municipalities’ longstanding agreement, the town is responsible for 58 percent of the fire department budget as determined by the village board. The OVFD budget for 2021-22 is $84,700.

Clearly not pleased with the back-and-forth debate with Mayor David Boyle that played out in the media and on the village and town websites, Martin said, “I just felt we're going to fight the issue another day.”

“For right now, we just were happy with the number they gave us as far as the dollar amount. So, we just decided to drop it for the next six months.”

Town is Looking for a Service Contract

Martin said the town board is more concerned with the wording of the contact and the provisions of the contract, with its goal to achieve a fixed amount as a “service contract,” excluding responsibility for equipment upkeep and purchasing.

“We’ve been going back and forth for four years, and they weren't willing to change a thing. So, we said let's sign it and get it behind us for now. We'll see what happens in the future,” he said.

Town attorney Craig Welch, partner with Lacy Katzen LLP of Rochester, today verified that the contract is in place through next year (May 31).

He said the town’s position is attaining a “fixed number for the service” instead of the current percentage formula being used by the village.

“The way it is now, you don't have control,” he said. “I mean, if you have somebody come to your house and they’re going to paint the living room, they give you a number. We'd rather just pay a fixed number for services, just like the town charges the village for plowing the village streets. It’s not a percentage of the town budget, it’s just a number.”

Welch said the town paid the $78,000 owed to the village for the prior fiscal year some time ago, and that was confirmed by Village Clerk Kimberly Staniszewski. He also said that fire protection for town residents will continue uninterrupted.

Creation of a Fire District is a Possibility

Another key issue in the scheme of things is the possibility of the fire department creating its own fire district – separate from the village and the town.

“We voted years ago to go with a fire district, but the village refuses to do it,” Martin said. “The village wants control of the fire department. The fire department does not want that and the town does not want that either.”

OVFD Chief Sean Downing said that fire department officials have talked about forming a fire district in the past, but added that he was surprised to hear that it has been brought up again.

"The town clearly does not want the fire department being under the village ... and the village does not want to go to a fire district, where the town does," he said. "It's our preference (to do so) but without both parties agreeing to it, nothing will move forward on it at this time."

Martin acknowledged that the law sides with the village in creating a fire district.

“The village has the final say on that, apparently, according to the legal proceedings. So, it's up to the village. I don't see where the fire department should be under the control of the village board or the town board. They should be a fire district, which has its own board of commissioners.”

Welch, when asked if the parties will be at the table prior to the end of May, said that could happen unless “people came around and created a fire district in the meantime. That is an option.”

Statement from Oakfield Village Mayor David Boyle

"Both (the) Village and Town have approved an amended contract.  It is expected that this contract will be signed by both the Village and the Town in the next few days.  This agreement covers the period starting June 30, 2021 and will last through at least May 31, 2022.

"The interests of the Oakfield Community as a whole provided the ground for guiding the Village Board. The Village Board of Trustees unanimously agree that they feel the new contract is in the best interest of the larger Oakfield community.

"The amended agreement includes a clause for timely payment of monies by the Town. The Village will increase its support of the Fire Department budget to a 46 percent share (reducing the Town's share to 54 percent). There are also guidelines for the process of future contract renewals."

Previously: Fire protection deadline extended as Oakfield town, village boards prepare for mid-December meetings

Previously: Mayor says village, town are "pretty close" to settling dispute over fire protection services in Oakfield

Previously: Oakfield fire protection dispute update: Village wants full payment before negotiating; Town has sent half

Previously: Village of Oakfield threatens lawsuit, withholding fire protection over payment dispute with Town of Oakfield

Updated 10 a.m.:

Senior winger Vin DiRisio registered a hat trick Tuesday night – with all three goals coming in his team’s six-goal second period – to lead Batavia Notre Dame United to a 10-1 victory over the WFL Panthers in Section V hockey at the Geneva Recreation Complex.

DiRisio upped his season total to nine goals, one behind senior line mate Gavin Schrader, as United raised its record to 3-2.

Last night, United unleashed 49 shots at a pair of WFL goaltenders – scoring twice in the first period, breaking the contest open with six in the middle period and twice in the third period. United goalie Courtney Schum stopped 21 of 22 shots, yielding WFL’s only goal early in the second period that cut BND’s lead to 2-1.

Senior Zack Eschberger, center on the first line with DiRisio and Schrader, returned to action and promptly put the visitors on the board at 3:54 of the first period, with assists from Schrader and junior Ronin Hofmaster.

"It was great having our co-captain Zack Eschberger back in the lineup for the first time this season," Coach Marc Staley said. "He gave us a really nice boost offensively with his energy and speed."

Schrader made it 2-0 eight minutes later on a power play goal with Hofmaster and DiRisio assisting.

Following a goal by the Panthers’ Lucas Springer early in the second period, BND took control with six goals over the next 11 minutes – the three by DiRisio and one each from Hofmaster, freshman Brady Johnson and Eschberger. Jameson Motyka had three assists and Noah Hudson two.

Schrader and Motyka rounded out the scoring with goals nine seconds apart in the first minute of the third period, with Eschberger and Johnson assisting, respectively.

"We controlled the puck very well as a team last night and our offense clearly can be lethal," Staley said. "There are still a number of things we need to tighten up on, however, in transition and in our own end." 

For the season, Schrader has 10 goals and 10 assists, DiRisio nine goals and seven assists, Hofmaster five goals and seven assists, and Motyka four goals and seven assists.

Staley said his team will have to be sharp against strong competition at this weekend's Dave McCarthy Memorial Christmas Tournament at the Batavia Ice Arena.

"The Dave McCarthy Memorial Christmas Tournament has a great tradition of bringing in some of the best teams in the state. With Fulton, Webster Schroeder, and Bishop Timon coming in, I expect some great hockey to be played."

On Friday, Bishop Timon takes on Webster Schroeder at 6 p.m. and Batavia Notre Dame will face off against Fulton at 8 p.m. On Saturday, the consolation game is at noon and the championship game is at 3 p.m. Admission for all the games is $5 (the charge for seniors is $3). There is no charge for those 18 and under.

City Manager Rachael Tabelski solicited some laughter during Monday night’s City Council Conference Meeting while proposing to end a $40 per month, 56-year-old right-of-way lease with owners of the Pok-A-Dot Restaurant at 229 Ellicott St.

Tabelski said she believed it’s time for the city to terminate the lease (and City Attorney George Van Nest agreed) that was created after it was found that part of the building was on the city’s right-of-way.

At that time – the year was 1965 – it was agreed that Pok-A-Dot owners Philip Pastore Jr. and Joseph Marone would pay the city $40 per month.

“We’ve never changed the terms and conditions of the lease – and they’ve always paid,” Tabelski said, “and they’ve always provided great beef on Weck and French fries.”

In 2020, the restaurant’s current owners, Pastore’s wife, Leona, and daughter, Phyllis Pastore-Beers, expanded the business to accommodate COVID-19 distancing protocol and food pick-up options. In the process, they obtained a New York State Department of Transportation permit to complete the work because it is located in a U.S. right-of-way for missile transport.

Interestingly enough, the DOT permit carries a fee of $460 per year – slightly less than the fee of the Pok-A-Dot’s lease with the city. As a result, Pok-A-Dot owners are requesting an end to the city lease, Tabelski said.

City Council members agreed to move the proposal to its Jan. 10 Business Meeting for discussion and a possible vote.

Three other Conference Meeting resolutions were forwarded to last night’s Business Meeting and all were approved:

• A 15-month contract, effective immediately, with AMREX of Binghamton to supply the Water Treatment Plant with sodium hypochlorite at an inflation-induced cost of $1.45 per gallon.

Calling it a “weird and wild ride procuring resources,” Tabelski said that was the lowest of seven bids received for the chemical, which is used for disinfection of the public water supply. She added that other municipalities are having similar supply issues.

Previously, the city paid 86 cents a gallon for the chemical, she said.

• An emergency purchase of 400 pounds of refrigerant for a compressor at the Batavia Ice Arena on Evans Street at a cost of $19,800. The funds will be taken from the facility’s reserves, dropping the available amount to $371,000.

Tabelski said she approved the purchase after Carrier personnel replaced the compressor and discovered and repaired a couple leaks in the refrigerant system. Consequently, the system is low on R-22 refrigerant and could be in danger of malfunctioning.

• The reappointment of realtor Bernadette Penfield to the Board of Assessment Review through Sept. 30, 2026.

Council also forwarded a resolution to the Jan. 10 Business Meeting to accept a $28,681 grant from Genesee County STOP-DWI to provide specialized patrols targeting drug and alcohol impaired driving, and the purchase of RADAR units, training of a Drug Recognition Expert and associated expenses.

File photo of the Pok-A-Dot by Howard Owens.

It looks as though, by default, the City of Batavia is welcoming the opportunity to host retail dispensaries and on-site consumption places as permitted by the New York Marijuana Regulation & Taxation Act.

City Council President Eugene Jankowski Jr., speaking at tonight’s Conference Meeting at City Hall Council Board Room, said that since the municipality “has no control over it,” then it would be prudent to opt in and “get the money (that cannabis sales would produce).”

The topic was brought up by city resident John Roach, who correctly noted that if a community doesn’t do anything (as far as a formal resolution), “you’re automatically in.”

State officials are requiring municipalities to state their intentions by Dec. 31. Towns, cities and villages that opt out are able to opt in at a later date, but those that opt in, can never opt out.

Jankowski and Council member Robert Bialkowski both said they have received “positive comments” about opting in. The former said that “people are advising me to get the tax money” and the latter stated that some people -- including adults -- enjoy using marijuana.

Questioned further following the meeting, Jankowski said his understanding was that there were two choices: “Do nothing and automatically opt in after December 31^st or do the resolution and opt out, and then I think there was recourse for the public to opt back in …”

The MRTA does stipulate that if a community opts out, residents could call for a public referendum to reverse that decision.

While many legislative bodies in cities, towns and villages across the state have discussed the matter in an open forum and drafted resolutions – or are in the process of doing so, City Council wasn’t one of them. Jankowski said none of his colleagues indicated a desire to bring the subject to a vote.

“Any council member could have easily brought it up and put it on the agenda but it just never came to the front because of a complaint by a citizen that adamant about wanting Council to do something about it,” he said. “The bottom line is I usually put my personal opinion to the side and I listen to the people I represent. And nobody from the city contacted me and was really passionate about it or concerned about opting out.”

Jankowski said he talked to many people over the past several months "and they basically told me they weren’t really happy about the way the state did it, but they understand the wisdom of getting any money from taxes."

"But we’re not even sure if anybody’s going to even open a business in the city," he added.

What's Up with the WWTP?

Roach also asked about the status of the City Waste Water Treatment Plant and the dispute with O-At-Ka Milk Products over the milk processing plant’s discharge into the ponds that exceeded legal limits.

City Attorney George Van Nest, offering no specifics, said engineers working with the city and New York State Department of Environmental Conservation officials are monitoring the recovery of the ponds with the goal of obtaining maximum efficiency.

In other developments, City Manager Rachael Tabelski reported:

• The city will recognize Gov. Kathy Hochul’s mask mandate “instead of checking vaccination status at the door.” The mandate runs through Jan. 15, 2022. “We’re awaiting the executive order to make it official,” she said.

• That 90 percent of the city’s National Grid customers now have power following Saturday’s major wind storm. She said that residents may place downed tree limbs next to the curb for pickup by Department of Public Works crews this week.

• The possibility of planting trees to replace those that have come down due to storms and other reasons. Jankowski noted that the city hasn’t planted trees in a long time and suggested planting some each year over a five-year period. Tabelski said that wouldn’t be possible with money from the general fund without raising property taxes. She did say that donations from businesses or residents are welcome.

• Two bids from contractors seeking to handle the Jackson Square renovation – one of the city’s Downtown Revitalization Initiative projects – came in “double the price that was anticipated.” Tabelski said she was hoping for a cost of around $650,000, but the submitted bids were for more than $1 million. She said the project will be re-bid and, as a result, the start of construction will be pushed back until August 2022.

• The city has hired Angie Dickson, a Corfu resident, as confidential secretary. The position had been vacant for several weeks after Lisa Casey left to become clerk of the Genesee County Legislature. Two DPW jobs are open – heavy equipment operator and laborer.

Tammy Schmidt received an enthusiastic endorsement from her predecessor tonight as she was sworn in as the Batavia City Council's Sixth Ward representative.

"I'm here on behalf of Tammy Schmidt, who will do an outstanding job for the Sixth Ward," said Rose Mary Christian, who stepped down last month after nearly 30 years as a city lawmaker. "She's articulate ... and certainly knows lthe budget process (as Schmidt works in the financial management field). I want to thank her for taking my position."

The appointment of Schmidt through the end of next year was reported first on The Batavian.

Photo: City Clerk/Treasurer Heidi Parker, right, swears in Tammy Schmidt as Rose Mary Christian and City Republican Committee Chair Rich Richmond look on. Schmidt was unanimously approved by City Council prior to the board's Conference and Business Meetings. Photo by Mike Pettinella.

Previously: Batavia City Council set to vote on appointment of Republican Tammy Schmidt as Sixth Ward representative

Just four years ago, Cory Russell of Bergen was a 151 average bowler in league competition at his hometown Rose Garden Bowl.

This season, the 36-year-old right-hander has improved to 186 -- thanks to this week's 756 series in the Thursday Owls League.

Russell bowled games of 243, 234 and 279 -- getting the first nine strikes before leaving a 4-pin in the final game -- on lanes 5-6.

In other action around the Genesee Region USBC, Batavian Tom Fluker raised his league-leading average to 236 in the Wednesday Men's Handicap League with a 718 series, which included a 289 game.

For a list of high scores, click on the Pin Points tab at the top of the home page.

Updated, Nov. 11, 10 a.m. with comments from Schmidt:

The City of Batavia has drafted a resolution appointing Tammy Schmidt as city council’s new Sixth Ward representative, replacing Rose Mary Christian, who resigned on Nov. 15.

The matter is the only item on the agenda of a Special Business Meeting scheduled for 7 p.m. Monday, prior to the governing body’s Conference Meeting and Regular Business Meeting at the City Hall Council Board Room.

According to the resolution, Section 3.3 of the City Charter provides that when a position of Council Member becomes vacant, pending the election and qualification of a Council Member to fill the vacancy, the council shall fill the vacancy temporarily by appointment of a qualified person, who shall be the same political affiliation as the Council Member whose place has become vacant.

Schmidt is a Republican, as is Christian, who switched from the Democratic Party sometime after she was elected to her eighth -- and final -- term.

When Christian announced her retirement, it triggered a back-and-forth among the City Republican and Democrat committees as well as current City Council President Eugene Jankowski Jr. and Batavia resident John Roach, who was part of the City Charter Commission.

Republicans contend that the Charter wording clearly indicates that a Republican should fill the seat, while Democrats were looking for a legal ruling in light of Christian changing affiliations. That, apparently, did not happen.

RICHMOND: CHARTER IS VERY CLEAR

City Republican Chair Rich Richmond today said the “Charter is very clear – the appointment will be made by the Republican Party; a Republican will take that position.”

Richmond said he is going with what the Charter actually states “and not on what if, or how come or whatever?”

He added that Democrats have made this a political issue.

“There is nothing political about it. When they did the Charter, it was a bipartisan commission, including Republicans, Democrats and Conservatives. Nobody had a problem with it until it has come up now,” he offered.

Schmidt, a lifelong Batavian who grew up as Tammy Trigilio, has been employed for the past seven years as the financial management assistant for Genesee Justice and the Child Advocacy Center.

Prior to that, she worked for Genesee County Mental Health and Genesee County Workforce Investment. She and her husband, Mark, live on Osterhout Avenue. They have a daughter and son-in-law, Kristina and Tony Ferrando, and two grandchildren.

Richmond said he is impressed with Schmidt's credentials.

"Tammy has an excellent resume and is very intelligent and well-informed," he said. "I'm sure she will do a great job."

SCHMIDT: IT'S IMPORTANT TO GET INVOLVED

Contacted Saturday morning, Schmidt said that she has been part of the political workings in the city for quite some time and is looking forward to applying her experience -- and her love for her hometown -- "to help make it grow and prosper and be a great place for our kids and grandkids to want to stick around."

She currently is the Republican Committee Sixth Ward chair and previously served in that capacity for the Fifth Ward. Both her and her husband have been on the committee for several years and she said she is committed to learning more about city government.

"We're invested in this community," she said, adding that they own three rental properties in the Sixth Ward. "I don't want to use the tagline that Batavia Downs (Gaming) uses when they say, Dine, Stay and Play, but we live, work and play in Batavia."

When asked about replacing Christian, who served for 29-plus years, Schmidt said she has "big shoes to fill."

"Actually, I have had several conversations with Rose Mary, and she was very generous in giving me her endorsement," she said."And I still told her I plan to pick her brain. You can't beat that type of experience.

"Rose Mary was very vocal and she advocated for people to speak their minds. To me, if you want to incoporate any change, you need to be active and involved. You can't just sit home. Things aren't going to happen that way."

Previously: Will it be a Republican or a Democrat stepping in to replace Christian as Sixth Ward representative?

A trip to the City Centre Mall on Thursday revealed what used to be a familiar site -- a bucket to catch water from a leaky roof. Contacted today, Bill Davis, City of Batavia superintendent of Water & Wastewater, said two small leaks developed in the new section of the building's roof. The good news is that the contractor is on site, working on a separate, Mall Roof II project (extending from JC Penney to Dan's Tire & Auto) and will be addressing these small leaks right away. Photo by Howard Owens.

 

Batavia Notre Dame United dropped a 5-3 decision tonight to the Portside Royals in Section V hockey action at the Batavia Ice Arena.

BND falls to 2-2 while Portside, a merger of the Brockport and Spencerport programs, improves to 3-1.

The winners scored three goals in the second period to take a 4-1 lead and managed to hold off a spirited comeback by the home team.

Forward Vin DiRisio deflected a shot from the point by defenseman Orion Lama with 12 minutes left in the game, and forward Gavin Schrader buried a backhand shot after he stole the puck deep in the Portside zone three minutes later to pull BND within one at 4-3.

The Royals responded a minute later when United turned the puck over in its own end, leading to a goal by Evan Bovee.

“We just dug too deep of a hole in the second period,” BND Coach Marc Staley said. “We had some great scoring chances that we just did not capitalize on.”

With 2 ½ minutes left, Bovee received a major penalty after a blindside hit on DiRisio, giving United a two-man advantage – following a penalty at the 3:38 mark on Joey Mandel.

BND was unable to generate any offense, however, and Portside was able to clear the puck several times.

The home team opened the scoring at 10:47 of the first period on a slapshot from the right point by Andrew Kasmarek. Portside tied it with 4:55 remaining in the period on a goal by Henry Schulz.

Schultz scored a shorthanded goal a minute into the second period to put Portside up 2-1. He added a power play goal with 5:34 remaining and Sal Balbi scored after taking a pass from Ryan Plouffe with 1:44 to play to make it 4-1.

Courtney Schum stopped 27 of 32 shots while Portside goalie Danny Kucmerowski turned away 35 of 38 shots. Schum has replaced sophomore starter Frank Falleti Jr., who is out indefinitely with a leg injury. .

Schrader now has eight goals and DiRisio has six.

Staley said he saw “a lot of good things” from his team, noting that United outshot the Royals, took only two penalties and gave up just three odd man rushes. He also mentioned that he was surprised by the amount of hard checking.

“The game was much more physical than we’ve seen so far this year. It’s certainly not what we are used to seeing in Section V. I thought the kids did a great job adjusting to that and really coming after them in the third period,” he said.

Senior captain Zack Eschberger returns to the team on Monday after being in quarantine, Staley said.

BND travels to Geneva on Tuesday to take on the WFL Panthers. Game time is 7 p.m.

For Padma Kasthurirangan, a national expert in wind energy distribution, a project being promoted by Whitecap Electric, LLC, of Amherst, in the Town of Darien can’t begin fast enough.

“We would like to start, like two years ago, but our construction will probably be in 2023,” said Kasthurirangan, responding to The Batavian’s question about a starting date for the installation of two wind turbines of up to 2.5 megawatts each on farmland at 2311 Bennett Road.

The chief engineer and president of Buffalo Renewables, she was in Batavia tonight -- along with three colleagues – at the Genesee County Planning Board meeting at County Building 2.

County planners recommended approval of the site plan and special use permit, with a few modifications pertaining to decommissioning, visual impact and bird analysis studies, and stormwater prevention.

As reported on The Batavian yesterday, the $6 million project calls for the wind turbines, which would be connected to the grid under the Community Distributed Generation program, to be about 450 feet high.

During the meeting, Kasthurirangan informed planners that her company has been working on this for quite some time, and is committed to meeting all requirements put forth by the Town of Darien.

She said utilities will be placed under the ground and that the company is not requesting any variances.

John Hannon, a partner with Triad Recycle and Energy in Buffalo, added that they’re waiting for National Grid to determine where it wants the connection, and will restore any disrupted land to agricultural use.

Also representing the project at the meeting were Vasu Primlani, business development manager at Buffalo Renewables and a renowned environmentalist, and engineer Kenneth Rawe Jr.

Hannon said that Triad Recycle and Energy has two wind turbines at its facility in Tonawanda and that “Padma has put up more turbines than anyone in New York State.”

On the subject of noise complaints from wind turbines, Kasthurirangan said that most of the noise complaints “are not usually backed by actual noise issues.”

“It can make noise when there's a problem with the turbine, but the turbines that we pick will be certified to IEC (International Electrotechnical Commission) standards, and they go through a whole acoustic testing process," she said.

In other action, planners recommended approval of:

• A revised site plan for exterior changes at 99 Main St., Batavia, an historic building that is being renovated as part of the Downtown Revitalization Initiative.

• A zoning map change from Planned Development to Residential for homes at 145 and 147 Pearl St., Batavia, to enable the placement of a shed at 147 Pearl St. The matter now will go to the City Planning & Development Committee.

GENESEE 2050 TALK SCHEDULED

County Planning Director Felipe Oltramari announced that a presentation of the Genesee 2050 project, encompassing the county's Comprehensive and Recreation plans, is scheduled for 5:30 p.m. Dec. 16 at the Old County Courthouse. Citizens can attend in person or via Zoom. Contact Oltramari at 585-815-7901 for more information.

Previously: Planners to review revised site plan for 99 Main St.

With the percentage of Genesee and Orleans county residents who have received at least one dose of the COVID-19 vaccine significantly less than the New York State number, local healthcare and government officials are stepping up their efforts to reach those who, for one reason or another, are among the “vaccine hesitant.”

Speaking during a media briefing via Zoom this morning, Genesee/Orleans Public Health Director Paul Pettit reiterated what he has been saying for the past year: “That vaccines are the best protection against the coronavirus … and against severe illness and death.”

Statistics provided by Pettit reveal that 61.8 percent of Genesee County residents and 59.3 percent of Orleans County residents, when looking at the total population, have received at least one dose of the Moderna, Pfizer or Johnson & Johnson vaccines. (The first two are administered in two shots; J&J is one shot).

That pales in comparison to the state as a whole, with the percentage of the total population that has received at least one shot at 79.4 and the percentage of those 18 and older at 91.8.

When looking at the completed series, Genesee County’s number falls to 55.9 percent and Orleans is at 52 percent. In the age 5-11 category, Genesee is at 10.6 percent and Orleans at 9.5 percent.

For the eight-county Finger Lakes Region, the one-dose percentage is at 70.7 percent and the completed series percentage is at 63.1 percent, Pettit reported.

“That’s why we again are trying to get our vaccination rates up as high as we can,” he said. “COVID vaccines significantly reduce the likelihood of hospitalization and death.”

Pettit placed special emphasis on the vaccine booster shots that recently became available.

“We just need to go and get that booster shot now and make sure we're protecting ourselves as best as we can,” he said, adding that both Genesee and Orleans health departments continue to offer weekly COVID-19 vaccination clinics (Wednesdays in Genesee County and Thursdays in Orleans County).

Joining Pettit on the call were Dan Ireland, president of United Memorial Medical Center; Matt Landers, Genesee County manager; Marianne Clattenburg, Genesee County legislator, and Lynne Johnson, Orleans County Legislature chair.

Acknowledging the need to improve Genesee County’s vaccination numbers, Landers – as initially reported on The Batavian – mentioned the Finger Lakes Region’s push for a “targeted rural campaign” focused on hard to reach populations such as Native American, Amish and Mennonite, hard to reach zip codes and under vaccinated zip codes.

“We’re trying to find more creative ways to attack and go after targeted media advertising towards them,” he said, adding the plan is to use direct advertising, postcards and other mailings. “Their targets are not necessarily trying to change minds of people that are absolutely set, but it's really to educate, to go after vaccine hesitancy and to go after some of the harder to reach populations potentially …”

On the hospital side, Ireland said UMMC and Rochester Regional Health’s “number one priority” is to maintain full access to healthcare in the community, noting that UMMC is open for all types of elective surgeries at this time.

He also pointed out the importance of getting vaccinated, wearing masks where appropriate and getting tested, especially prior to social or family gatherings.

He said that his family did just that before Thanksgiving and, fortunately, no one tested positive.

“So, really it’s a small step, but it makes a big difference,” he said. “And it will help us on the hospital side. Because certainly as we continue to have a fair number of unvaccinated in the community. It makes a difference when they become positive as we're seeing a higher percentage of unvaccinated patients in our hospital versus the vaccinated COVID patients.”

Statistically, Ireland said that there are more than 200 patients who have tested positive for COVID in RRH hospitals, with 11 percent of those at UMMC. Sixty-two percent in the Intensive Care Unit are COVID positive, with 80 percent of those people unvaccinated.

“Put in non-statistical terms, the unvaccinated truly are showing signs of higher acuity in the hospital,” he said, noting that 100 percent of patients on ventilators are unvaccinated.

Ireland said UMMC continues to partner across the RRH system and with other hospitals in the region to “work on any load balancing options that we can provide; in order to make sure that all patients in our region get care, regardless of where you seek that care.”

He added that 95 percent of RRH outpatient clinics are open, although he did say that wait times may be longer than normal.

Looking at specific areas of concern:

COMMUNITY SPREAD

Pettit said the number of positive cases have remained steady recently but are still too high, with 250 active cases in Genesee County and 334 active cases in Orleans County. Forty-eight of those are in the hospital (35 in Genesee and 13 in Orleans).

Over the past seven days, the positivity rate in Genesee and Orleans is at 12.5 percent and 12.2 percent, respectively.

As far as breakthrough cases are concerned (positive tests of those who are fully vaccinated), Pettit said the percentages are 30 percent in Genesee and 29 percent in Orleans – with these types of cases increasing over the past two months.

He urged those who have been vaccinated with Moderna or Pfizer at least six months ago and those who had the J&J vaccine at least two months ago to get a booster shot.

Pettit pointed out that most of the spread is from social gatherings "where there's prolonged contact indoors" and from those who think they just have a cold (due to it being cold and flu season).

"So, again, one of our messages we've said from day one is if you're symptomatic, stay home, don't go to work, don't go to school, stay home while you have the symptoms, get that test and verify," he said. "Regardless of COVID, we don't want to be spreading germs around."

COVID-19 TESTING

Pettit said that limited testing is being offered at both health departments by appointment, and that local pharmacies and urgent care centers also are providing testing.

He advised that home testing kits will become more prevalent as time goes on, and that GO Health is getting closer to accepting results of home testing.

“Ultimately, they are very accurate, if done properly. And a positive is a positive on those test kits. So, again, we'd encourage you to get those and use them if available,” he said.

Homebound individuals are asked to call their health departments (Genesee: 585-344-2550, ext. 5555; Orleans, 585-589-3278) to get on a list for a home visit.

OMICRON VARIANT

Pettit said the Omicron variant has not bee identified in Genesee or Orleans, but “that does not mean that it is not here, it just means that it has not been detected (yet).”

He said the new variant likely spreads more easily than the original COVID virus, very similar to how Delta (variant) spread a lot easier.

“The early indication is that the severity does not seem to be too bad again, but it is early and they're continuing to track that,” he offered.

CONTACT TRACING

For those in isolation or quarantine, responding to health department or New York State contract tracers is essential, Pettit said.

“I can't reiterate this enough,” he said. “We need folks to answer the phone; we need folks to engage with us during the process. Because if we don't, if we're not able to do the investigation, and we're not able to talk to you, to release you, we can't send the (release) letter.”

GUIDANCE IN SCHOOLS

Pettit said the collective goal is to keep students in school, and “this year, I think we've done a fairly good job of that.”

Per state mandate, masking continues to be required indoors at schools.

He said his department is talking with superintendents about new strategies, specifically Test to Stay and Test Out of Quarantine.

“There is a checklist and the schools have those and we are discussing how we can implement but ultimately they have to have a written plan around how they would implement these different approaches within their school system,” he said. “And one of the biggest barriers is that it has to be done equitable. We can't have this just for some kids and not for others …”

News that Monroe County has purchased 750,000 at-home rapid COVID-19 testing kits has triggered an expected response from leaders of Genesee and other rural counties in the Finger Lakes Region: Where are our test kits?

“We going to continue to beat the drum” for financial support from New York State to have access to as many test kits as needed, Genesee County Manager Matt Landers said during this afternoon’s County Legislature meeting at the Old County Courthouse.

Landers said members of the Finger Lakes Region group of administrators, public health officials and legislators are advocating for “a similar allotment” – enough test kits for distribution among their residents.

“Erie and Monroe counties got additional CARES (Coronavirus Aid, Relief, and Economic Security) Act money,” Landers said. “We have emailed the state and the response we got is that they (too) are having a hard time procuring them.”

On Tuesday, Monroe County Executive Adam Bello announced that 250,000 rapid test kits will be used for school-aged children and the other 500,000 will be given to towns, villages and the City of Rochester.

Landers said he believes that more in-home testing is “one way to lessen the spread,” adding that he is confident that residents possess the knowledge to administer the tests and the willingness to take appropriate action in the case of a positive COVID test.

On another front, Landers said that Jan. 5, 2022 is the target date for the processing of the bond resolution that will fund the new county jail on West Main Street Road. He said the county expects to issue construction bids at the end of January, award the bids in March and break ground in April.

The legislature approved the following appointments:

• Gary Graber, Darien, Parks, Recreation & Forest Advisory Committee, 12/9/21-3/31/24.

• Lynn VanDerBeck,. Byron, Office for the Aging Advisory Council, 1/1/22-12/31/24.

• Dr. Javeed Mir, Batavia, 1/1/22-8/14/22; Wendy Haywood, Bergen, 1/1/22-12/31/22; Kathleen Antonelli, Batavia, 12/8/21-12/31/25; Vernon Saile, Byron, 12/8/21-12/31/25, Mental Health Community Services Board.