notify

Matt Gray, co-owner of the former J.J. Newberry Building at 109-111 Main St., Batavia, is proclaiming “mission accomplished” as construction of a trio of third-floor apartments has reached the finishing touches stage.

“The building is finally 100-percent complete,” Gray said this afternoon. “Bringing people Downtown, that’s the whole idea behind it. We’re looking forward to a good 2021.”

Gray and partner Matthew Boyd have a reason to be proud as they, along with Eli Fish Brewery Company co-owner Jon Mager, have coordinated the transformation of the building (that was built in 1881) into a Downtown destination.

The entrepreneurs have invited the media and a select group of community officials connected to the project to attend an open house at 4 p.m. Friday (tomorrow) where tours of the apartments will be conducted.

Gray said that Whitney East Inc., of Rochester, was the general contractor for the apartment project that began in January. Two of the apartments have two bedrooms and the other has one bedroom.

All are equipped with high-efficiency washers and dryers and stainless steel appliances.

Gray said that tenants will be moving in on July 1, and that all are being rented at market rate – around $1,000 per month.

In 2018, four apartments were put into the second floor, with Thompson Builds as the general contractor. The building’s first floor houses Eli Fish Brewing Co. and restaurant, and Eden Café & Bakeshop.

Previously: BDC director points to Eli Fish/Newberry project as shining example of agency's value

Nineteen million, seven hundred thousand.

That’s the amount in dollars that was bet at Batavia Downs Gaming during the week of June 13-19, a record for the Park Road entertainment center.

Batavia Downs Gaming Marketing Director Ryan Hasenauer reported that figure to Western Regional Off-Track Betting Corp.’s directors, who gathered this morning for their monthly board meeting.

WROTB President/CEO Henry Wojtaszek, when asked if it was safe to say that the gaming industry has bounced back from the COVID-19 pandemic, simply replied, “Yes. That’s the most money that has been bet on the machines in our history in one week -- $19.7 million.”

Wojtaszek also commented on the Rockin’ The Downs Summer Concert Series, that moves into its third week tomorrow night.

“We’re off to a great start for the Summer Concert Series,” he said. “The first two concerts went well and we’ve sold a lot of tickets for Steve Augeri (formerly of Journey) on Friday night."

In other developments:

• Batavia Bets, WROTB’s interactive online platform, handled almost $2.2 million in May, up more than $1 million (97 percent) from 2020.

Through June 20, handle was $1.2 million – down $79,000 (6 percent) from 2020, but the year-to-date handle of $9 million is up almost $2.9 million (47 percent) from 2020.

Wojtaszek attributes the increase to patrons who turned to horse racing wagering during the pandemic and have found it a favorable pastime.

“It (COVID-19) did cause a lot of people to take a look at horse racing because that really was the only activity available to them at the time,” he said. “But, I think what they’ve seen, they liked because they continue to utilize that service. We have a great rewards rebate program that seems to be working well.”

Additionally, it was reported that $121,737 in surcharge generated in May will be distributed to the corporation's municipalities. 

• Batavia Downs Gaming will be hiring two full-time customer relations managers to “try to take our customer service up a notch,” Wojtaszek said.

“We want to make sure all of the different facets of the operation are coordinated properly and that our customers are looked after, so we’re trying to take it up a notch,” he said, adding that two current employees may be promoted although the positions will go through the Human Relations department.”

• Several resolutions were passed, including three pertaining to legal representation – a $200,000 contract with Harris Beach, $100,000 contract with Hodgson Russ and $5,000 contract with Connors LLP.

Others measures approved were a contract with Canal Concerts Inc., for $3,500 per concert (not to exceed $35,000) to provide setup and oversight services during the 2021 Concert Series, and the purchase of a block of eight tickets with parking in an amount not to exceed $25,200 from Live Nation Marketing Inc., for the 2021 concert series at Darien Lake.

Photo at top: Ryan Hasenauer, Batavia Downs Gaming marketing director, stands next to the Zoom Ball game the facility will be promoting next month. Hasenauer said that during the five Saturdays in July, two customers will be called at random each hour over a four-hour period (7 to 10 p.m.) to play the game. Upon pressing the big red button, the balls -- gold, red, white and blue -- will be blown around and sucked into the "win zone" at the top of the machine. If the player gets all six gold balls in the chute, he or she will win $50,000. Prizes decrease from there -- $10,000 for five, $1,000 for four, $250 and $250 free play for three, $150 and $250 free play for two, $100 and $250 free play for one, and $250 free play even if none of the balls at the top are gold. Ten of the balls in the machine are colored gold. Photo by Mike Pettinella.

In what is being called a "good faith" gesture initiated by Genesee County's representative to the Western Regional Off-Track Betting Corp., the public benefit corporation's board of directors this morning voted to approve host agreements with the Batavia City School District, Genesee County and Town of Batavia to provide payments totaling more than $200,000 over the next four years.

These payments are being made to the taxing jurisdictions in light of Batavia Downs Gaming's recent purchase of the Hotel at Batavia Downs from ADK Hospitality of Buffalo, thus taking the property off of the tax rolls and negating a 10-year payment in lieu of taxes agreement the entities had with the previous hotel owners.

The breakdown of the payments, which add up to $212,508, reveals that the school district will receive $27,000 for 2021, and the school district, county and town will receive a total of $46,377 for 2022 through 2025. Dissecting the latter amount further, the school district will get approximately $27,000, the county approximately $13,000 and the town approximately $7,000.

"Dick Siebert," replied WROTB President/CEO Henry Wojtaszek when asked what prompted the board to propose allocating money to three taxing jurisdictions affected by Batavia Downs Gaming activities. "Mr. Siebert addressed the board and asked them to consider this because he indicated to everybody that we have great relationships with them -- which we do -- and thought it would be a good faith effort to go ahead and do this. It was something that they had counted on because they had a PILOT in place with the former owners of the hotel."

Wojtaszek said the funding covers the amount of the PILOT that would have been in place.

Siebert, a longtime WROTB director and Genesee County election commissioner, said passage of this resolution is "more about the spirit of what we're doing than the actual dollar amount."

"It's not a great deal of money, but it shows than even though we are tax exempt ... it shows our good faith," he said, adding that the county, school district and town have supported the corporation's efforts.

He asked Wojtaszek to formally inform the school superintendent, county manager and town supervisor.

A waste of time and money?

Genesee County governmental leaders on Wednesday expressed their public displeasure over the extremely low early voting turnout prior to Tuesday’s Republican Primary races in the towns of Bethany, Byron and Stafford.

County Manager Matt Landers reported that only six people took advantage of the nine days of early voting – all of them casting their ballots in the Town of Stafford, which held a primary for the position of town clerk.

“The other two races had zero voters even though we had nine days of early voting – at a not cheap cost” (to those municipalities), he said. “So, some food for thought.”

Landers said the county will “charge back” expenses (personnel, etc.) for the early voting at the ARC Community Center in Batavia to the towns. He explained that the three towns will pay proportionally based on the total number of registered voters in the municipalities, not by the number of people who voted.

He said he expects the total cost to be several thousand dollars considering that four election workers were called to duty each day under supervision of both Republican and Democrat commissioners.

Upon hearing that just six early votes were cast, Legislator Marianne Clattenburg brought up that Democrat lawmakers in Washington have been promoting “a one size fits all” voting reform.

“This is a perfect example of how that does not (fit),” she said.

That prompted Landers to say that while the county conducted nine days of early voting, “there’s a push to make it 15 days …”

Legislature Chair Rochelle Stein said calls and/or letters to state and federal representatives are in order.

“I think that would be incumbent upon us to alert our representatives, both in the state and federal government … as an example of funds that aren’t being used in the manner that is prescribed and the value of those funds being used,” she said.

In another development, Mental Health Director Lynda Battaglia reported that the department’s application for a mobile access program has been accepted.

“This is an exciting opportunity to change how we deliver crisis service at the times that people need this service the most,” Landers said. “We look forward to seeing the results of that program.”

A key feature of the mobile access program is the use of an iPad for mental health crisis response with law enforcement personnel on-site.

Commended by the Genesee County Legislature this afternoon for “standing in the gap” during the COVID-19 pandemic, Genesee County Probation Department employees were honored with a proclamation designating July 18-24 as Pretrial, Probation and Parole Supervision Week.

Legislator Gordon Dibble presented Probation Director Timothy Michalak with the proclamation at a meeting at the Old County Courthouse.

Legislature Chair Rochelle Stein thanked probation officers for conducting COVID-related home visits and volunteering to work at the county's mass testing and vaccination clinics.

Michalak thanked legislators for the recognition, stating, “As we all emerge from this pandemic, our officers who did a fantastic job will continue to work hard and make a positive change within individuals and our community, with a particular focus this year on restoring trust and encouraging hope.”

The proclamation reads as follows:

“WHEREAS, community corrections is an essential part of the justice system and probation officers uphold the law with dignity, while recognizing the right of the public to be safeguarded from criminal activity; and

WHEREAS, community corrections professionals are responsible for supervising adult and juvenile offenders in the community and are trained professionals who provide services and referrals for offenders, and

WHEREAS, community corrections professionals work in partnership with community agencies and groups while promoting prevention, intervention and advocacy; and

WHEREAS, community corrections professionals provide vital services, support, and protection for victims and are advocates for community and restorative justice; and

WHEREAS, Genesee County Probation Officers have endeavored to maintain public safety while managing the added challenges and stressors of a global pandemic and volunteered to stand in the gap when called upon to conduct COVID-related home visits and work at the mass testing clinics and vaccination clinics, and

WHEREAS, Members of the Genesee County Probation Department partnered with law enforcement and county departments during the holidays to ensure children and seniors in need received a gift or food through the “Stuff the Cruiser” and Holiday Tote Project, and

WHEREAS, community corrections professionals are a true Force for Positive Change in our communities, Now, Therefore, Be it

RESOLVED, that in humble appreciation of our hard-working probation professionals, the Genesee County Legislature does hereby proclaim July 18-24, 2021 as Pretrial, Probation, and Parole Supervision Week and extends our gratitude for their conscientious service and achievements.”

Photo from left: Legislator Gordon Dibble, Probation Director Timothy Michalak, Probation Officers Bryan Pike, Terri Buchholz, Jason Mindler, Carly Luttrell, Beatriz Mateos, Ben Heale, Supervisor Kevin Wright, Officer Jessica Turman and Supervisor Rachel Sanfratello. Other members of the Probation Department staff are Senior Officers Michele Tucci, Jeremy Barber and Traci Russo and Officers Bill Bogan and Jeff Hyde. Photo by Mike Pettinella.

Press release:

U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Barber, 53, of Batavia, pled guilty before Senior U.S. District Judge William M. Skretny to possession of child pornography following prior federal and state convictions relating to sexual abuse involving a minor.

The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of 20 years, and a fine of $250,000. 

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that on May 20 officers with the U.S. Probation Department and New York State Parole conducted a search at the defendant’s residence.

Officers seized a cellular phone, which was found to contain images and videos of child pornography. A flash drive containing child pornography was also seized.

Barber possessed more than 1,000 images and 200 videos of child pornography on the two devices, some of which depicted prepubescent minors, violence, and the sexual abuse or exploitation of an infant or toddler.

In April 2007, the defendant was convicted on a federal charge of possessing child pornography, and a state charge of sexual abuse in the first degree.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Michael Sliwinski; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.

Sentencing is scheduled for Oct. 27 before Judge Skretny.

Previously: Batavia man who previously served time on child pornography charges indicted by Feds again

Rebbecca Storm Wissinger, 29, of State Street, Batavia, is charged with: endangering the welfare of a child; custodial interference in the second degree; and second-degree harassment. Wissinger was arrested at 5:03 p.m. June 21 after an incident at GC Social Services on East Main Street Road in Batavia. It is alleged that she became physical with a third party while trying to take custody of her children, against a GC Family Court order. Following her arrest, she was released with appearance tickets to be in Batavia Town Court June 24. The case was handled by Genesee County Sheriff's Sgt. Andrew Hale, assisted by Deputy Kenneth Quackenbush.

Thomas Joseph Scheuerlein, 56, of Overlook Drive, Batavia, is charged with second-degree harassment. Following an incident at 4:48 p.m. June 21 in the Town of Batavia, Scheuerlein was arrested, arraigned in Alabama Town Court, then released. He is due in Genesee County Court on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kenneth Quackenbush.

Grace Crystal Murray, 22, of Pratt Road, Batavia, is charged with third-degree criminal trespass. At 11:50 a.m. on June 23, Murray was arrested on a bench warrant and arraigned in Batavia City Court, then "returned" on her own recognizance. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy.

Rebekah Daniszewski and Alex Hale received Batavia Coaches Association Athlete of the Year awards tonight at the Batavia High School Athletic Awards ceremony at Van Detta Stadium.

Athletic Director Mike Bromley presided over the event that recognized outstanding Blue Devil senior class student-athletes for their accomplishments over the four sport seasons in 2020-21.

Daniszewski, a Section V track and field champion in the shot put (indoor) and shot put and discus (outdoor), and Hale, a three-sport standout, each were given $50 and a plaque from the Coaches Association.

The Athlete of the Year award goes to a senior girl and boy for outstanding leadership, sportsmanship and athletic performance.

Daniszewski also received the Burk Family Scholarship for Excellence in Track and Community Service, a $300 award from the Batavia City School District Foundation, while Hale also was selected to receive the Daniel Van Detta Memorial Scholarship for football and baseball, a $250 award from the BCSD Foundation.

Jonah Epps III was the winner of the Thomas Ricci Memorial Scholarship for track and field and/or cross-country, a $500 check from the BCSD Foundation. He also received the Project Play WNY Multisport Athlete Award, which comes with a certificate, celebratory lawn sign and social media spotlight.

Jacob Long was named the Burk Family Scholarship for Excellence in Football and Community Service winner, earning a $300 check from the BCSD Foundation.

The Danny Lullo Memorial Football Scholarship went to Zachariah Brown, who received a $300 check from the BCSD Foundation.

Luke Rogers was selected to receive the Jason Gioia Memorial Scholarship for dedication to school and the community. The scholarship is for $500.

Other award winners are as follows:

• Outstanding Physical Education Student Award: Alexander Childs, Mykola Bartz, Lillian Whiting.
• Air Force Scholar Athlete: Luke Rogers, Tess Barone.
• Army Reserve National Scholar Athlete: Cooper Mattice, Isabella Houseknecht.
• Navy Outstanding Athlete Award: Zachary Gilebarto, Lillian Whiting.
• Marine Corps Distinguished Athlete Award: Bannon Moore (who also received the Judd Gouinlocke Memorial Scholarship), Haylee Thornley.
• Varsity Club Award: Chloe Torres Brown, Kathryn Fitzpatrick, Zachary Wagner, Natalie Clark, Evan Preston, Dallas Lama, Andresha Richardson, Chase Pangrazio, Jonah Luplow, Jianna Torcello, Elizabeth Kingston, Troy Helsdon, Stone Siverling, Tyler Kleinbach.
• Dr. Pierce Sportsmanship Award: Sean Pies, Sadie Loria.
• Batavia Coaches Association Scholar-Athlete Award: Kameron Kuszlyk, Sophie Beckman.
• Project Play WNY Multisport Athlete Awards: Jonah Epps III, Bryn Wormley.
• Batavia Lions Club Athletic Award: Jacob Long ($50).
• 1947 Club Athletic Awards: Faraz Idrees, Mackenzie Reigle.
• Certificates of Excellence: Zachariah Brown, Rebekah Daniszewski, Jonah Epps III, Ian Fuchs, Alex Hale, Faraz Idrees, Kameron Kuszlyk, Jacob Long, Jonah Luplow, Bannon Moorre, Chase Pangrazio, Sean Pies, Mackenzie Reigle, Bryn Wormley.

Several athletes were recognized for winning sectional titles. They were:

• Boys Swimming: Cooper Mattice.
• Wrestling: Cooper Stewart, Nicholas Lamkin.
• Indoor Track and Field: Jamarion Richardson, Gavin Konieczny, Noah Burke, Rebekah Daniszewski, Jesse Reinhart.
• Outdoor Track and Field: Fabian Vazquez, Isabella Walsh.

The labor market in Genesee County continued to tighten in May the number of people in the job market without a job dropped by 200 from the previous month.

In May 2021 in Genesee County, there were 1,200 people in the labor force without jobs according to NYS Labor Department data.

The unemployment rate is 4.2 percent, or similar to May 2017, when it was 4.3 percent. In May 2019, the rate was 3.2 percent. Last year, three months into the coronavirus pandemic, it was 11.1 percent.

Meanwhile, there are 1,057 open job positions listed with the Job Bureau in Genesee County, according to Director Teresa VanSon.

Also according to the state, there are 21,000 non-farm jobs that are filled in Genesee County, up 1,700 from 19,300 May 2020. The total private-sector jobs jumped from 14,200 to 15,900 year-over-year. Government jobs remained unchanged at 5,100.

The project manager of Le Roy Meadows says a solid plan is in place to address more than $600,000 in back taxes owed to Genesee County and necessary roof and driveway repairs at the 10-building, 80-apartment complex at 18 Genesee St.

David Renzo Jr., president of V&V Development Corp., of Batavia, today said a vouchering system to retrieve subsidies owed to the project by the U.S. Department of Housing and Urban Development and a commitment of an investment group out of California, which owns 95 percent of the complex, are the keys to getting Le Roy Meadows back on track.

“As soon as we get the subsidy in for all that, the taxes are going to be paid,” Renzo said.
“We’re resubmitting vouchering covering the past three or four years, and we’re thinking that in four to five weeks we will start receiving the HUD subsidy again and the taxes will be paid.”

The Batavian has learned that the county is waiting to receive $605,886.43 in back taxes owed by Le Roy Meadows -- $603,167.33 on the property assessed at $2.2 million and another $2,719.10 on a small parcel assessed at $10,000. The taxes are for the years 2018, 2019, 2020 and 2021.

Genesee County hasn’t started the foreclosure process yet due to the signing by Gov. Andrew Cuomo of an extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 and the COVID-19 Emergency Protect Our Small Businesses Act through Aug. 31.

Renzo said the location’s current problems stem from HUD suspending its contract with Le Roy Meadows several years ago. Tenants there pay 30 percent of their monthly income toward rent with HUD supplying the difference.

“Our HUD contract was suspended but we’re working on that with HUD right now by sending the vouchers (for the back subsidies),” he said. “There was a lot of confusion. The tenants shouldn’t be worried now because we have a plan in place. They’re not going to lose their rental assistance.”

He said the worst-case scenario is that tenants will receive an individual voucher that can be used for the rental assistance – giving them a choice between staying at Le Roy Meadows or taking that voucher to live somewhere else.

“Right now, rental assistance is project-based. The investment group in California is committed to getting this done. They’ve got positive feedback from HUD and getting the back subsidy that is owed to us to pay off the taxes and get the work done,” Renzo advised.

Concerning the condition of the roofs and driveway, Renzo said he is working with the investment group, soliciting the bids and lining up the work, to have all of the roofs replaced and to blacktop “the worst part of the driveway.”

He also said that repairs of the original sidewalks are part of the plan.

The tarps covering the roofs on many of the buildings are there as precautionary measures, he noted. Thus far, one of the 10 roofs has been repaired.

“With the subsidies about to come, plus the reserve accounts that we have set up and the backing of the investment group, the work will get done,” he said, adding that the interior of the apartments are in “great shape.”

Renzo said that contrary to what was reported in another local news outlet, neither he nor the V&V Development Group own Le Roy Meadows. He did say that plans are to bring in a new management group specializing in HUD policies and procedures to run Le Roy Meadows.

V&V Development Group also manages three complexes governed by the United States Department of Agriculture – The Meadows at South Main Street and Northside Meadows, both in Batavia, and Corfu Meadows.

Photo: Le Roy Meadows building with tarps protecting the roof, which needs replacing. Courtesy of Le Roy code enforcement officer.

Press release:

Genesee/Orleans Council on Alcoholism and Substance Abuse and the Batavia Community Schools initiative are joining forces to present a “School’s Out for Summer!” informational fair from 6 to 7:30 p.m. Thursday at The Recovery Station at 5256 Clinton Sreet Road.

Shannon Ford, GCASA’s director of Communications/Development/Prevention, said the event is set up to provide available resources, such as summer activities and educational opportunities, for both parents and youth.

“GCASA’s Prevention Team is very excited to partner with Batavia Community Schools to host this event at The Recovery Station,” Ford said. “After a long, challenging school year, we want to make sure parents and youth have the resources they need to stay healthy and safe. We’re hoping families will stop by, have some fun and get some important information that we plan to share.”

Batavia Community Schools is a new program developed by the Batavia City School District. Its mission is to unite the Batavia community and schools through shared resources, working partnerships, and open, collaborative communication.

Julia Rogers, coordinator of Community Schools, said the event with GCASA “aligns nicely with our vision of building a better Batavia by promoting equitable learning activities, cultivating healthier families and establishing a stronger community.”

Thursday’s activities include Hidden Mischief (a hidden-in-plain-sight experience) for adults from 6:15-7:15 p.m. and special games for children during that time. Attendees will be able to tour the facility.

Refreshments will be available from Pub Coffee Hub.

Other participants include Blue Cross Blue Shield, Hillside Children’s Center Young Life, The ACT Program.

It isn’t too late for other community agencies or organizations to participate, Rogers said, adding that she can be reached at (585) 343-2480, ext. 1004.

CLICK HERE for more information about Batavia Community Schools.

Christopher P. Thomas, 37, was arrested June 11 and charged was endangering the welfare of a child. It is alleged that at 6:37 p.m. on May 13 that Thomas allowed three children to engage in a physical fight with another person on Lewis Place in Batavia. Thomas was issued an appearance ticket and is due in Batavia City Court on June 22.

Nicole R. Griffin, 39, was arrested June 12 and charged was endangering the welfare of a child. It is alleged that at 6:37 p.m. on May 13 that Griffin allowed three children to engage in a physical fight with another person on Lewis Place in Batavia. Griffin was issued an appearance ticket and is due in Batavia City Court on June 22.

Brandon Crawford, 19, was arrested June 15 and charged with petit larceny. It is alleged that at 6 p.m. on June 1 on Kingsbury Avenue that Crawford took a sum on money from residence while he was house sitting for a family on vacation. He was processed, issued an appearance ticket returnable to Batavia City Court July 6, and then released.  

Tierance J. Davis Sr., 34, was arrested at 5:52 p.m. June 8 and charged with endangering the welfare of a child. He was arrested after a physical altercation that day with a juvenile female on North Lyons Street in Batavia. Following his arraignment in Batavia City Court, he was released on his own recognizance. He due to return to court July 15.

Angie Maniaci, 39, was arrested at 3:37 p.m. June 12 by Batavia Police Officer Peter Post on Chandler Avenue in Batavia and charged with second-degree harassment. It is alleged she struck another person after a brief argument. Maniaci was issued an appearance ticket for Batavia City Court and is due there June 22.

Shawn P. Wolcott, 38, was arrested at 11:30 p.m. June 11 on West Main Street Road in Batavia and charged with second-degree criminal contempt and resisting arrested. It is alleged that he violated a stay away order of protection by coming to the protected party's residence. Wolcott then allegedly resisted arrest when officers attempted to take him into custody. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in court July 1.

Robert Williams Jr., 30, was arrested at 1:51 a.m. June 13 on Hutchins Street, Batavia. He is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI common law; aggravated unlicensed operation in the first degree; and operating/using/leasing/renting, or was loaned, a vehicle without a required ignition interlock device. The arrest follows a traffic stop after a patrol allegedly observed traffic violations. Williams was released with traffic tickets and is due in Batavia City Court on June 22.

Danielle Weldon, 19, was arrested at 9:24 p.m. June 10 on West Main Street in Batavia and charged with second-degree harassment. Batavia Police Officer Peter Post arrested Weldon after an unspecified incident at a local restaurant. She was issued an appearance ticket and was due in Batavia City Court on June 15.

Jacob Hernandez, 26, was arrested by Batavia Police Officer Peter Post June 9 on a bench warrant out of Batavia City Court. It stems from an unspecified incident at 5:52 a.m. Sept. 22 on Jackson Street in the City of Batavia. After his arraignment June 9, Hernandez was released on his own recognizance. He was due back in city court June 17.

Heather Holbrook, 36, was arrested on a warrant out of Batavia City Court at 9 a.m. June 2 on West Main Street in Batavia. Holbrook is accused of failing to appear in court May 12 for an unspecified incident that occurred Jan. 14. She was issued an appearance ticket for a later date (unspecified) and then released.

The road to updated Genesee County Comprehensive and Recreation plans is much more demanding than the proverbial “walk in the park” but County Planning Director Felipe Oltramari is hoping an event of that name helps move the municipality closer to its goals.

Oltramari is inviting county residents to come to the DeWitt Recreation Area at 10:30 a.m. on Saturday, July 10 for Walk in the Park!, an interactive gathering featuring a walking tour of the Cedar Street site, workshops, question-and-answer session, and available food and refreshments from Pub Coffee Hub.

Representatives of Prospect Hill Consulting LLC, of Buffalo, the firm coordinating the plan revisions, and Joy Kuebler Landscape Architect, of North Tonawanda, a subcontractor, will be attending.

“We’re trying to come up with a new framework (of plan components), with the main thing that we want to do is see if we can modernize the way that we present it to the public,” Oltramari said. “That is why having this Genesee 2050 website is important. It will be a hub where people can get information and we can share across departments. We want to use technology more instead of having just in-person meetings and PowerPoint presentations.”

He also said a second piece of the puzzle is creating a countywide recreation plan.

“With that, we can look at potential trails, gaps in our park system and recreational activities that we want to have or encourage; sort of set us up for more grant funding in the future,” he said.

Oltramari said planners, legislators, community members and consultants have been updating the comprehensive plan every year since 2000 – utilizing focus groups and steering committees – but now they want to update the entire plan.

A comprehensive plan is a long-range guide for future development and resource protection that considers land use regulation, zoning code revisions and future ordinances. It consists of the following elements:

• Demographics and Socio-Economics
• Land Use, Environment, & Place Making
• Agriculture and Food Production
• Arts, Culture, Parks & Recreation
• Housing Opportunities
• Transportation & Mobility
• Technology & Utilities
• Community Wellness
• Economic & Workforce Development
• Safety, Security, and Justice
• Education and Government Administration

“We had some funding set aside for the recreation plan capital project and we didn’t have any luck getting a grant to help pay for it,” Oltramari said. “So, in 2019 we decided to try for a grant for both the comprehensive plan and the recreation plan together, and we were successful in getting that grant.”

On Wednesday, the legislature is expected to vote on a resolution to add a $40,000 grant from New York State Empire State Development to the Comprehensive/Recreation Plan Capital Project.

The grant stipulates that Genesee County provide a cash match of $45,000 and in-kind contribution (personnel, ancillary costs) of $15,000 for a total project cost of $100,000.

Other resolutions on Wednesday’s agenda include:

• Accepting $157,927 from the American Rescue Plan Act of 2021 to fund improvements and modernization to the infrastructure that directly supports cybersecurity, Public Health, Mental Health and Emergency Management Services departments.

• Extending two temporary full-time clerk typist positions, three temporary full-time COVID-19 response specialists and one temporary full-time epidemiologist until March 31, 2023 ,with salary and fringe benefits funded by the expanded COVID-19 grant funds ($342,558) and allocated in the 2021, 2022 & 2023 budgets.

• Contracting with Flynn-Battaglia Architects P.C., of Buffalo, for an amount not to exceed $38,000 to update construction documents to reflect the current condition of the former Genesee County Sheriff’s Office and Jail building at 14 Main St. so it may be repaired. It has been reported previously that the stone work on the front portion of the historic building continues to deteriorate and requires emergency repairs. The consultant services will be paid from the Genesee Justice Stone Work capital project.

• Reappointing Phillip DiMartino, of Batavia, to the Genesee Community College Board of Trustees effective July 1, 2021 through June 30, 2028. DiMartino has served on the board since July 1, 2019.

Incumbent Julie Scheuerlein is pointing to her 19 years of service in the Town of Stafford as she seeks to fend off a challenge from Barbara Radley, who has been endorsed by all four town councilmen and the Stafford Republican Committee, in Tuesday’s primary election for town clerk.

Apparently, the battle lines have been drawn as the councilmen are calling for a change due to job performance issues. They believe that Radley, currently a deputy clerk for the Town of Byron and a former Stafford deputy clerk in Scheuerlein’s office, is the best choice.

Scheuerlein, however, disputes the board members’ and Republican committee’s position, stating that in her four years on the job – following 15 years as the municipality’s court clerk – she has served the town well despite the board’s failure to provide her with adequate training and support.

Major points of contention, per the town board, are that the Town of Stafford has not collected its own taxes over the past two years -- relinquishing that task to Genesee County after errors in the tax roll were discovered in 2019 -- and that Scheuerlein has not provided accurate and timely meeting minutes.

Early voting by registered Stafford Republicans for their next town clerk continues from noon to 5 p.m. today and Sunday at the ARC Community Center, 38 Woodrow Road, Batavia, and concludes on Election Day from 6 a.m. to 9 p.m. at the Stafford Town Hall.

At stake is an opportunity to represent the party in the November election. The position, which requires a commitment of 30 to 35 hours, lists a salary of around $33,000.

TOWN BOARD ISSUES A STATEMENT

Town board members issued a statement, that has made its way onto Facebook, endorsing Radley:

“It is rare for town board members to make an endorsement of a candidate. It is even rarer for all four board members to endorse the same candidate. Bob Pacer, Ron Panek, Don Mullen and Jim Duyssen have all endorsed Barb Radley.

“The Town Board needs a clerk that has a plan for a defect-free submission so that they can confidently bring back the taxes from the county. Stafford is the only town in Genesee County that has had to outsource their tax collection.

“The Town Board needs a clerk that can provide timely and accurate recording of the proceedings and propositions of each meeting. These records need to be made available to the public within two weeks of the meeting.

“The Town Board needs a clerk that provides error free services to minimize customer complaints.

“The Town Board is confident that Barb Radley can turn around the clerk’s office on these three issues.”

PANEK POINTS TO ‘ERRORS’

Contacted by The Batavian, Panek said errors in the minutes are the “biggest issue,” adding that they are finding 10 to 12 major corrections a month.

“There would be missing motions, and sometimes the motions would be listed as just the opposite of what we’d voted on,” he said. “And sometimes carrying over, using the old minutes as a carryover format, and who was actually at the meeting would be mixed up.”

Panek said that he spent time researching the New York State law, and found that “the town clerk should attend all board meetings and should record the proceedings and the propositions that are presented at the meeting.”

“Some wives’ tale that people believe is that you can only put down the motions and that’s adequate. Well, that’s not true because the law says you’re supposed to do the proceedings,” he said.

He said the town’s previous clerk, Walt Kershenski (who served from 2004-18) set the standard, “perfectly striking a balance between enough information and not enough information.”

“Now, the problem is that if they record the meeting, we get the minutes so late – sometimes two days before the next meeting. I think what is done is that they are left until the last minute and they try to use the recording to piece it together and they can’t remember exactly what took place,” he said.

STAFFORD CONTRACTS WITH COUNTY

On the tax collection issue, he said the Genesee County Treasurer’s Office found “all kinds of errors” in the 2019 roll, and had to “invest a ton of time – I know over 100 hours – into fixing the tax roll.”

After that, Genesee County took over the duties, charging the town $2,500 in 2020, and $5,000 for the just-completed 2021 collection.

Panek said the town board withheld a raise for Scheuerlein because of that – and actually cut her pay for the original $2,500.

“I had told her when she was complaining about not getting a raise that we need a plan on how you’re going to bring it back. Who are you going to get to train you? Who are you going to get – an experienced clerk – to help you through it? We got nothing,” he said.

“It’s already cost us $7,500 and now we’re hoping that the voters of Stafford will give us somebody who can do taxes.”

REPUBLICAN COMMITTEE STATEMENT

The Stafford Republican Committee, which is chaired by Panek’s wife, Mary Alice, also endorsed Radley after interviewing candidates (Scheuerlein, Radley and an undisclosed third person) in January.

Its statement is as follows:

“Barb Radley provided a presentation which gave the committee confidence they were providing the best candidate:

“1 – The county took over the tax processing due to the submission failing the audit of the tax roll. Barb’s presentation gave the committee confidence that the town board could bring the tax processing back under her direction.

“2 – Her presentation demonstrated her experience in providing a defect-free process in an environment where information must be right the first time.

“3 – Finally, the committee was confident that Barb would provide a friendly, customer-oriented environment.

“Based on this presentation, the decision was made on a single ballot with a unanimous (11-0) vote. The choice was clear.”

CHAIR: A UNANIMOUS DECISION

Mary Alice Panek said committee members voted 11-0 to endorse Radley. She said it was a combination of Radley’s experience and “some of the issues with the present day town clerk” that gave Radley the nod.

She, too, mentioned board minutes’ inaccuracies, the fact that the minutes are not posted to the town’s website in a timely fashion and “multiple errors in licensing.”

“This was from members of the committee who had encountered mistakes and had to go back to the town hall several times for marriage licensing, hunting licenses, dog licenses,” she said. “There was an issue with the handicapped parking sticker that had the wrong dates put on it and an issue where one of the funeral directors came in for a death certificate because he had to bury the person and she (Scheuerlein) told him that she was busy and he’d have to wait a couple days.”

Mary Alice Panek also said the committee talked about the tax returns, citing multiple errors and having to pay the county for the service.

The committee chair applauded Radley’s varied work history, as an employee of the Le Roy Central School District, U.S. Postal Service in Stafford and other area locations and, currently, as the deputy clerk for the Town of Byron.

“Byron submits its taxes on time and there haven’t been any issues. She certainly has a valid and successful experience as a deputy town clerk,” she said.

SCHEUERLEIN: ‘INTEGRITY ATTACKED’

Scheuerlein, part of a family of 11 who grew up in Le Roy before moving to Stafford, said that things are being blown out of proportion and faults the town board for not providing her with the tools she needed to excel after transitioning from the court system to the clerk’s office.

“When I started this job, I was never trained at all,” she said. “You would think the board would come in and ask, ‘What do you need?’ No, no, no. And then I heard from somebody at the Stafford Trading Post telling me what they were going to do with me concerning the tax issue. How do you muddy somebody’s name like that?”

She said it has come to a point where her opponents are attacking her integrity.

“At this point, it has turned into a defamation of character. How do you become a court clerk and then a town clerk, and now all of a sudden, you can’t handle a job? That’s what they’re doing,” she said. “What they’re doing doesn’t negate that I know how to do my job.

“That indicates that I started this job and didn’t know it. There are two variables here. I had a support system in the court, which is totally different than the board. Not one of those board members … come down to the office all month long; the only person who is there every day is (Supervisor) Robert Clement."

Calls yesterday to Clement for comment have not been returned.

A ‘TAXING’ SITUATION

When asked about the tax collection situation, Scheuerlein said it was a board decision to contract with Genesee County.

“There was one bounced check that caused the problem. Barb (Radley, her deputy clerk at the time) had assured me that she had secured the funds for that check,” she said. “But we didn’t have that money. It was like $1,700, off the top of my head.”

Scheuerlein said that she eventually recovered the funds after threatening to take the matter to the Genesee County Sheriff’s Office.

She said her mistake was that one check, “plus I counted on the person working for me.”

“That was my mistake, and what it tells me is that I shouldn’t have depended upon her.”

She said Radley abruptly quit the job in September 2019 after a year’s service.

As far as having a plan to regain tax collection responsibilities, Scheuerlein said the board has not asked for one.

“You show me where they’ve asked for that. That has never been said. What has been said is that has been taken away, and the supervisor said that he has two people right now that will handle the taxes – and one of them is extremely efficient and the other one will be just fine,” she offered.

County Treasurer Scott German said that an accounting firm recommended finding an alternative to having the town do the tax collection after the problems in 2019, but also indicated that no money was missing and there was no official audit.

A CONFLICT OF INTEREST?

Scheuerlein contends that the disclosure of information pertaining to her job by Ron and Mary Alice Panek, in the roles as town councilman and Stafford Republican Committee chair, is out of line. She also sees a conflict of interest, something that Mary Alice Panek disputes.

“As far as talking to one board member, Ron Panek, he is married to Mary Alice and there is a conflict of interest,” Scheuerlein said. “How can you, with your husband being on the town board, say the things about town business that you’re saying in public?”

When asked if her role on the Republican committee could be perceived as a conflict of interest, Mary Alice Panek replied, “Not at all. I’m not an elected official. I’m not elected by any general election. I’m just elected by the Republican committee.”

Scheuerlein also said there have been instances of board members inappropriately talking about town business in public, and took exception to having her salary reduced because the town had to pay the county for the tax services.

“This is part of what I feel is discrimination that is going on,” she said. “How can you take salary from me to pay for the tax bill? The first year that I went in, they told me to prove yourself. I said OK. The second year, they put me at one price and then they didn’t raise me the third year. And the fourth year, they took away what they paid in taxes (collection).”

She also said councilmen are “nitpicking” over the minutes -- “I know what I am writing down,” she said – and has been mostly on her own for the past year and a half. Currently, she has a part-time deputy clerk, working about four hours a week.

CLERK WANTS TO ‘BE AVAILABLE’

Beyond the social media back-and-forth, Scheuerlein said she has served the Town of Stafford proudly (she also assisted courts in Darien, Bergen and Byron) and “wants to be continue to be available in the office for the town residents.”

“We’re looking at the home stretch. Nobody can take my 19 years away from me. I never thought small town politics would go this way,” she said.

“I love my town. I’ve met a lot of nice people – going door to door and hearing what they feel. The pandemic wasn’t conducive for that. Now that we’re out of it, I’m very grateful that we can move forward with things.”

She said she is well known in the community and is confident in her abilities.

“As far as the town people, I have a lot of residents that have been supportive of me from the beginning,” she said.

RADLEY TOUTS EXPERIENCE

Radley, one of a family of eight, also grew up in Le Roy and his lived in Stafford for more than 40 years. She emphasizes her track record of successful employment in various venues, starting with food service work at Le Roy Central School for 18 years.

She said she supervised nine employees at the school, where she also served on the Character Education Committee.

From there, she worked at the Stafford Post Office for 12 years, through 2016, with the first 10 years as postmaster relief. She also spent two and a half years as the officer in charge at the Mumford post office, streamlining the operation, and also worked at the York and Warsaw post offices.

A former executive director of Stafford recreation and town hall building committee member, Radley said she worked for Scheuerlein for a year. After she left, she quickly was hired as Town of Byron deputy clerk and continues to work in that capacity.

Addressing circumstances surrounding the tax collection issue, she said, “I did as I was told.”

“As deputy, I accepted many checks that came in. And it’s up to the clerk to check and make sure that everything is in line,” she said. “As deputy clerk, I assisted her with the tax collection and would add up the daily receipts and she took it from there. It is the clerk’s responsibility to take care of taxes from there and it is the clerk’s responsibility to sign for them and make up the final tax roll. The deputies just assist.”

When asked if she left on good terms, she replied, “I felt that I wanted to leave and wanted to learn a different perspective.”

As for the election, Radley said she has “the experience, am known in the community and am knowledgeable, and I will save the town money by taking back the tax collection (should the town board vote that way).”

Christopher C. Good, 19, of Cohocton Road, Pembroke, was arrested June 8 and charged with unlawful imprisonment in the second degree, a Class A misdemeanor, stemming from an incident that occurred earlier that day. He was arraigned virtually by Bergen Town Court and released on his own recognizance. A subsequent investigation led to the Genesee County Sheriff's Office executing a search warrant on his residence June 15. Good was allegedly found in possession of a firearm, in violation of a previously served order of protection, and in possession of a high capacity ammunition feeding device. Good was arrested and charged with second-degree criminal contempt, a Class A misdemeanor, and criminal possession of a weapon in the third degree, a Class D felony. Good was arraigned virtually in Genesee County Court and remained in custody of the Sheriff's Office, jailed in lieu of $2,500 cash bail or $5,000 bond. The county DA's office assisted in the investigation.

Stephen J. Rucinski, 38, of West Main Street, Le Roy, is charged with three misdemeanors and a violation, respectively: criminal possession of a controlled substance, 7th; obstructing governmental administration in the second degree; aggravated unlicensed operation in the second degree; and no or inadequate license plate lamps. At 12:59 a.m. on June 9, Genesee County Sheriff's Deputy David Moore attempted to conduct a traffic stop of a vehicle in the area of Selden Road and Route 19 in the Town of Le Roy. The operator, Rucinski, allegedly fled from the vehicle into a wooded area north of Selden Road. Deputy Nicholas Chamoun, Deputy Andrew Mullen and K-9 Frankie arrived on scene to assist locating the defendant. Following a successful track by K-9 Frankie, Rucinski was taken into custody without incident. It is alleged that he was in possession of a controlled substance at the time of his arrest and that he was driving with a suspended NYS driver's license. He was released with appearance tickets returnable to Le Roy Town Court July 6. Also assisting in this case were Sheriff's Sgt. Andrew Hale and members of the Le Roy Police Department.

Inspired by the oldest continuously operating newspaper investigative journalist department in the nation, Batavia High School senior Sophie Beckman is determined to helping the downtrodden and oppressed people in society while working toward her newswriting goals.

Beckman’s aspirations, along with her academic achievements and extracurricular activities, impressed the scholarship committee of The Jerome Foundation, which has awarded her with the William F. Brown Jr. Memorial Scholarship for 2020-21.

Beckman, daughter of Anthony and Jolene Beckman, was honored Thursday at a luncheon at Terry Hills Restaurant.

The $4,000 scholarship -- $1,000 annually for four years – is given to a graduating senior from a Genesee County high school who will be pursuing a career in journalism, communications, marketing or public relations.

It is presented in memory of William F. Brown Jr, a local journalist who was very involved in community service and was a charter member of The Jerome Foundation.

Beckman, who placed third in her graduating class, will be attending the State University of New York at Stony Brook, which is located on the north shore of Long Island -- approximately 60 miles east of New York City.

She said she chose Stony Brook for its journalism school and hopes to carve a path for herself to work in the metropolitan area.

“One of my end goals is to become an investigative journalist, and focus on uncovering things beneath the surface to help people who have been marginalized or just have experienced injustice in the world,” she said. “An inspiration behind that is the investigative journalism team, such as the Spotlight team from the Boston Globe.”

It was the Spotlight team that uncovered and reported upon widespread and systemic child sex abuse in the Boston area by numerous Roman Catholic priests.

“When I heard about that, that’s why I wanted to become an investigative journalist to uncover stories like that on a national level,” she said, noting that she became interested in journalism during her sophomore year. “Not only from the investigative standpoint but also because I love writing – and sort of combining writing with social activism, which is what I really want to pursue and journalism seemed like the perfect combination of that.”

Beckman said The Jerome Foundation scholarship stood out for her because “it was for someone who was pursuing journalism and also that wanted to help other people, the way Mr. Brown did.”

“He helped the community and, based on what I read, he promoted Genesee County in particular,” she said. “And The Jerome Foundation, in general, their goal is to provide funds to better the community and I think that’s the ideology that I have – to use my work to better the community; not just to better myself, but to help others.”

Beckman completed many advanced placement courses at Batavia, and also is graduating with a Seal of Biliteracy as a result of taking Spanish throughout high school, including college-level classes. She also was involved in varsity sports, mock trial, scholastic bowl, National Honor Society and student government.

She said she hopes to intern next summer when she’s back home, mentioning The Batavian as a possible place to gain experience.

Photo, from left: Ron Chrzanowski, vice president of The Jerome Foundation, presents a plaque recognizing Sophie Beckman, a Batavia High School senior, with the William F. Brown Jr. Memorial Scholarship as Sophie's father, Anthony, and Joseph Scanlan, Ed.D., member of The Jerome Foundation Board of Directors, look on. Photo by Mike Pettinella.

Keeping abreast of the latest technology, maintaining a talented and dedicated staff and understanding the importance of building relationships have enabled Alleghany Farm Services LLC to deliver on its motto: Digging In. Helping You Grow.

Chad Klotzbach, managing partner, on Thursday invited customers, community leaders and friends to learn more about what it takes to properly provide drainage to farmland – and also to enjoy some food and refreshments – during a Field Day event at their business at 7342 Alleghany Road, Basom.

“We figured after COVID. Everybody is planted at this point. Wheat hasn’t come off yet. So, it’s a good kind of beginning to the summer break for everyone to get out and have a bite to eat and check everything out,” Klotzbach said.

Invitations were sent to about 300 people, mostly customers, he said. The company’s customer base stretches across the state and also to Connecticut, Massachusetts, Pennsylvania, Vermont and, most recently, Maryland and Delaware.

Alleghany Services was founded in 1983 by Chad’s father, Drew, who continues on as a partner in the firm, which consists of multiple companies, with Alleghany Farm Services and Alleghany Construction as the two largest.

Last night’s event, which featured complimentary food from Center Street Smokehouse and beverage from 42 North Brewing Company – and live radio coverage by WCJW (CJ Country), highlighted the farming side of the operation.

“Our focus tonight is to educate people about drainage and the benefits and the various equipment we have to serve the customers – from our large tile plows to even our smallest one that services vineyards and orchards,” said Klotzbach, who started with the company in 2010 after graduating from Clarkson University and advanced to managing partner about two years ago.

With about 30 employees and millions of dollars in specialized (and computerized) equipment, Alleghany Farm Services has installed 20 million feet of pipe over the past 10 years – it’s up to 4 million feet a year now – and has more than doubled its size in the past five years.

Klotzbach said it is the largest business of its kind in the Northeast and was the first to incorporate Global Positioning Systems (GPS) technology in drainage design and installation in the same region.

Operations Manager Christina Fetzer explained that field drainage consists primarily of three machines -- a tile plow, an excavator and a challenger tractor.

“Those three pieces of equipment work together to install the pipe in the ground,” said Fetzer, a Lancaster resident who has been with Alleghany Farm Services for about two years. “The tile plow is equipped with GPS and the entire field is designed ahead of time.”

A graduate of Canisius College with a master's in Business Administration, Fetzer said many factors go into the design of how the pipe is to be installed.

“There’s field elevation, crop type and soil type, and we take all of that into account ahead of time to have a custom design put in. That’s inputted into the machine via GPS to install in the field,” she said.

Klotzbach said it’s all about water management and configuring the pipe system to ensure maximum crop production.

“When you install subsurface drainage in a grid pattern, you’re controlling pretty much the water table,” he said. “You’re dealing with surface saturation so you can get on the crops earlier in the spring and same thing in the fall. If you get an inch of rain, you have a lower point of saturation in the soil. With the pipes behind able to take the water away, it just allows you to get on – you can do your spring, your plowing, whatever you’re needing with harvesting.”

Klotzbach, a Genesee County legislator representing the towns of Alabama and Oakfield, said the Alleghany Farm Services team continues with its customers after the job is done.

“It starts with our sales team and then we collect data and do extensive research in order to create the proper design,” he said. “We can install on average about 15,000 feet a day per machine. We stand by our work and remain in contact after projects are completed to make sure everything is performing correctly.”

--------------

For more information about Alleghany Farm Services and Alleghany Construction, send an email to info@alleghanyfs.com or call (585) 762-4411.

Photos, from top to bottom:

-- Two-year-old (almost 3) Weston Passamonte enjoys a few moments in the driver's seat of a full-size tile plow during Thursday's Field Day event. The boy's father, Joe, works for Alleghany Farm Services. 

-- Chad and Drew Klotzbach.

-- Genesee County Legislature Chair Rochelle Stein, left, and Legislatore Marianne Clattenburg stand next to a vineyard plow. The vineyard plow is only seven feet wide, which enables it to go between existing grape rows and narrow orchard rows.

-- The cabin of the large tile plow, complete with GPS, cameras and other technology to ensure the proper drainage system design and installation.

-- Chad Klotzbach and a group of his customers with a stack of tiling in the background.

Photos by Mike Pettinella.

Deputies, the Emergency Service Unit Water Rescue Team, and the East Pembroke and Indian Falls fire departments are responding to the Log Cabin Restaurant in Indian Falls for a report of a juvenile who jumped into the water and has not been seen since.

"Confirmed unable to locate at this time," says a first responder on scene.

The restaurant is located at 1227 Gilmore Road.

"Swimmers times five in the water -- no responders just other swimmers -- in the water searching. Just want to keep a head count," a first responder tells dispatch.

The missing person is described as an 18-year-old male wearing black shorts. 

UPDATE 3:57 p.m.: All county rescue team members are called to the scene along with the city's water rescue crew and the Alden Dive Team.

UPDATE 4:04 p.m.: The city's second platoon is called to fire headquarters. Corfu fire will be dispatched to any Indian Falls and East Pembroke calls. Three civilian swimmers are now out of the water; two swimmers remain in the water.

UPDATE 4:07 p.m.: "Just offshore from where individuals are standing now, that's where he went under," says a first responder, noting that all civilian swimmers/searchers are out of the water. Some rescuers are asked to search downstream.

UPDATE 4:12 p.m.: Rope rescuers will have to be deployed to get the civilians out of the way. Some are reportedly climbing up the side of the falls to get out. Medics are standing nearby in case they need medical attention. Five firefighters are donning life jackets and preparing to search a half-mile downstream, according to command.

UPDATE 4:17 p.m.: All the civilians are not out of the water yet; two are still in the creek.

UPDATE 4:27 p.m.: The two remaining in the water are now out. Medics are checking out some of those who were in the water. Others are told to sit down -- they are on the opposite side of the creek from the rescuers -- until rescuers can get to them and take them to safety. "I don't want them crossing the water," said command.

UPDATE 4:31 p.m.: They are interviewing several eyewitnesses.

UPDATE 4:42 p.m.: "How far down did you go?" asks a rescuer about the firefighters who looked downstream. "About 75 yards. It was pretty dry down there," is the reply.

UPDATE 5:29 p.m.: The Alden Dive Team is on scene gearing up to go underwater to look for the missing teenager.

UPDATE 5:44 p.m.: Divers are searching underwater.

UPDATE 7:13 p.m.: Officials at the scene have confirmed the 18-year-old missing male swimmer is deceased.

UPDATE 8:43 p.m.: The Sheriff's Office has released the ID of the victim. He is Jacob C. Minnick, 18, of Lockport.

Genesee County is required to extend Local Law Introductory No. 1, Year 2019 – the statute that governs how the municipality applies its hotel/motel room occupancy tax – by Sept. 30, and it will do so either with or without a revision to include online booking platforms, such as Airbnb.

County legislators, Manager Matt Landers and Attorney Kevin Earl continued an ongoing discussion of the topic during Wednesday’s Ways & Means Committee meeting at the Old County Courthouse, and this time included Erik Fix and Kelly Rapone, president/chief executive officer and tourism director, respectively, for the Genesee County Chamber of Commerce.

Fix and Rapone emphasized a changing landscape when it comes to travelers’ lodging, citing a 47-percent increase in Airbnb business since 2018.

“It’s safe to say that the law that was established in 1995 (the original year of the Local Law), doesn’t necessarily hold true today,” Fix said. “The landscape for how folks utilize our community from a visitor’s standpoint has changed … So, what we put in place 25 years ago, doesn’t really apply to those people today.”

Fix added that the goal is to come up with a formula to change the bed tax law to include booking sites where folks can book rooms (people’s homes, apartments, cottages, cabins, etc.) for a night or a week – “however we see fit, based on the changes that have taken place.”

Rapone said that homeowners and some businesses are reaping economic benefit of making rooms available on a short-term basis. Currently, these people are not subject to the 3-percent occupancy or bed tax, as it is called, that applies to hotel and motel guests.

She said she found 17 local listings on the Airbnb website (actually 23 as of today).

“And it’s not just private homes that you’ll find there,” she said. “Some businesses, hunting preserve and Farmer’s Creekside Inn, which has five guest rooms. Rates range from $40 per night to $500 per night for a really nice property on Horseshoe Lake, and weekly rates are offered.”

She reported that she contacted two Batavia-area hoteliers and both are in favor of the legislation being changed.

“They feel that these other lodging options out there have an unfair advantage (compared) to some of the costs of operating that they have, particularly insurance, franchise fees, sales tax and, of course, the bed tax,” she said.

Rapone also noted that Airbnb and similar lodging options were seeing 80- to 90-percent occupancy while hotels see 65 to 75 percent in their peak months.

“So, from the hoteliers' perspective – two of them representing three properties – they’re very much in favor of this. Not that they’re in favor of more tax and more laws, but for them this is an advantage for other people,” she said.

She said that Airbnb has agreements with about 30 other New York counties and, it was later noted, that the company previously reached out to Genesee County leaders about forging a contract here.

The sticking point as far as a revision of the Local Law is the number of rental units and the length of stay.

Back in March, Earl proposed changing the law so that it would apply to less than six units, but only under circumstances when they are rented for more than 10 nights during an entire calendar year.

“It has to be less than six units and likely just one since houses are being rented out – so anything would be eligible,” Earl said. “I wouldn’t think we’d want to include somebody that rents the house out for a weekend to a cousin. We’re thinking a minimum of 10 or 14 (nights) per calendar year; a money-making proposition.”

Rapone said her research reveals that Airbnb’s arrangements with other counties generally focused on 29 nights being considered as a nonresident, but found some that go up to 90 days at seasonal summer destinations.

The bed tax that is imposed is a levy on top of the 8 percent sales tax. Rapone said the bed tax is charged only to visitors, not county residents. She said that 60 percent or more of the bed tax revenue goes to the Chamber for marketing and advertising the county’s assets, with up to 40 percent earmarked for administration.

Fix noted that Airbnb is one of multiple booking websites (Vrbo is another), and that any change in the law would affect all of them.

Landers said the county can’t contract with Airbnb because most of their rentals are one, two and three unit rentals, which currently aren’t covered by the local law.

“So, if we want to have an agreement with Airbnb, we have to change the Local Law,” he said. “It expires at the end of September … I think the time is right.”

He compared it to imposing sales tax on internet retailers, which was done after lobbying from the brick-and-mortar stores. He also said that lawmakers are taking their time on this issue in an attempt to prevent "any unintended consequences," such as the repercussions that arose over proposed stricter regulation of secondhand dealers.

When asked for the length of stay, Fix said it would require more research, but offered that 30 days right now seems like the standard length.

While no decision was made, the county has to renew the Local Law before the end of September, likely extending it for three more years. It can add language to include Airbnb and similar companies to coincide with the renewal or it can wait until any time after Sept. 30.

Previously: County discussion focuses on local law pertaining to 'bed tax' status of Airbnb-type rental units

The third time apparently wasn’t the charm for the Batavia Town Board in its quest to receive visual screening projections from Batavia Solar LLC for a ground-mounted, 1.65-megawatt solar systems on vacant land owned by the Genesee Gateway Local Development Corp. at 99 Med Tech Drive.

The issue has delayed the project, which will be located off R. Stephen Hawley Drive across from Genesee Community College, for several months as planners have requested – thus far unsuccessfully – for the developer to provide projection pictures of the screening around the solar panels.

Planners, at their Tuesday night meeting, took the referral off the table, thinking they would be ruling on a special use permit. But after a discussion about the visuals, they voted to place it back on the table.

The planning board maintains that one-, five- and 10-year simulations of how the property will look with adequate screenings are necessary to ensure the system is out of sight from the neighboring property of Robert and Michelle Wood.

Planning Board Chair Kathleen Jasinski informed the board Tuesday that officials of the Genesee County Economic Development Center contacted her and indicated that the Woods “were agreeable to the (proposed) screening and they wondered if we could deal with this without doing the projection pictures.”

Planner Don Partridge said that he also talked to the couple.

“I feel we can get along without it (projection photos),” Partridge said. “(If)) they do a double row of pine trees there, I think that will be sufficient.”

His colleagues had different ideas, however.

Steven Tanner said he wanted to see how it would look, not only from Hawley Drive, but from other roads in the vicinity, and Jon Long agreed.

“We’ve requested it a couple times so I don’t think it’s that big of a cost to the project,” Long said. “And then we have it on file if there are any problems down the road.”

Paul McCullough said it would set “a dangerous precedent” by not obtaining the documentation, prompting Jeremy Liles to agree, before Town Building Inspector Dan Lang said he didn’t think it would be “appropriate to make exceptions.”

“I would remain consistent with everything we’ve done with every other solar. I suggest that we do require them to show us the actual detail,” Lang said.

As a result, a consensus to get the visualizations was reached, and all members, except Partridge, voted to put the referral back on the table once again.

Rising Water Levels at Ag Park

In another development, planners voted to adopt an amended version of the generic environmental impact statement for the Genesee Valley Agri-Business Park on East Main Street Road in light of an increase in the daily amount of water being used at the facility.

Town Engineer Steve Mountain reported that the current water usage at the park, which is the home of HP Hood, has moved past the original 614,000 gallons per day threshold and that future projections put the usage at 1.8 million gallons per day.

“This is the first project that exceeded the original threshold in the generic environmental impact statement … by a significant amount,” Mountain said.

The project to which he was referring to is HP Hood’s installation of a 16-inch water main from the town line on Route 5 down to the Ag Park Drive entrance that will cross the road and tie into the park.

“That will be a direct connection to the Monroe County Water Authority water source,” Mountain said. “To date, all of the water has come directly out of the city on East Main and Cedar Street.”

Mountain said the reason for the change is “water chemistry.”

“The water authority water is very low in chlorides (low levels of chlorides prevent corrosion) and you can imagine how many pipes there are in the HP Hood facility. That will alleviate a lot of the corrosion issues that they’re having,” he explained.

While that will provide additional volume for the future, HP Hood also is building a new storage tank, which it will own. Mountain said the 16-inch water main will be dedicated to the Town of Batavia.

Mountain said the 1.8 million gallons per day level is the new threshold that is under consideration, adding that letters were sent out to involved agencies and businesses. He also noted that O-At-Ka Milk Products wishes to be included in the mix for more water.

He then advised planners it was up to them to determine whether they think it is a significant impact or a negative or minor impact (negative declaration). The board then voted to adopt a revision of the original finding statements for the Agri-Business Park as it pertains to the expanded water threshold.