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Update June 17, 10 a.m., press release from Batavia Development Corp.:

The Batavia Development Corporation (BDC) will begin the process of seeking a new director of economic development.

Andrew Maguire, the current BDC director of economic development, has accepted a position with the Town of Batavia, his last day with the BDC will be June 30th.

"On behalf of the board of directors of the Batavia Development Corporation, we wish Andrew the very best in his new endeavor,” said BDC President Lori Aratari.

In the upcoming weeks the official employment posting and brochure will be listed on the BDC and City of Batavia’s websites -- www.bataviadevelopmentcorp.org and www.batavianewyork.com.

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Update June 16, 9:10 p.m. with comments from Maguire:

"I'm excited for the new opportunity as I see a great future for the Town of Batavia, as well as the city, and believe that the duties of this job are right in my skill set," Maguire said. "When I saw that it was advertised on the town's website, I felt that with my experience, I was a great fit and that it would be a positive career move. The town definitely has a ton of potential."

Maguire said he was grateful for the chance to serve the city with the Batavia Development Corp.

"I'm still a city resident and want the best for both the city and the town," he said.

When asked about the Ellicott Station project, that has yet to see activity on the former Soccio & Della Penna site, Maguire said it is "still poised to close with the Homes & Community Renewal agency by June 30 and that demolition and site cleanup will be starting soon."

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Andrew Maguire is leaving the city -- sort of -- and heading for the town.

Batavia Town Supervisor Gregory Post tonight announced the appointment of Maguire to the position of operations manager with the Town of Batavia, following an affirmative vote by the Town Board at its monthly meeting.

Maguire (pictured above) has served as director of economic development for the Batavia Development Corp. since November 2019.

Post said he will begin his full-time duties with the town in July on a date to be determined.

Predicting that he will be “an asset to the region,” Post said the town is fortunate to have Maguire on board, especially considering his experience as the clerk-treasurer for the Village of Oakfield for more than five years, where he oversaw billing software integration, administration and budgeting of water and wastewater.

“In Oakfield, Andrew ran the water and sewer operations there,” Post said. “He’s familiar with our software, he’s familiar with our metering system and our power connectivity. He was instrumental in getting the Village of Oakfield parallel pathed with the town as they were expanding and upgrading their system.”

Maguire’s primary responsibilities will focus on management of water and wastewater billing, meter reading and budgeting, but he also will assist with capital project planning and management, procurement of goods and services and administrative support of other town functions.

“Plus, he gained much experience in financing and grants during his time with the BDC,” Post said. “He’s very well rounded and he seems like a very smart guy … and I was very pleased to accept his application this evening.”

The position is a “new title for a similar position that a couple of other people have filled in the past,” Post said. Maguire’s starting salary is $74,880, which represents about a $15,000 raise from his BDC salary.

Post said the town has been funding Maguire’s duties by using existing staff and indicated the job will not affect the town tax rate or water and sewer rates. He said it will be funded primarily from the water and sewer accounts.

“We have seen what Andrew has been able to deliver and his thorough knowledge of the Sensus Flexnet system, water meters, and billing software the town has deployed. His knowledge of governmental finances, capital project management, grant administration, community planning, and communication skills will be an asset to the Town’s growth and prosperity,” Post added. “All of these skills are critical to delivering results and helping our community grow and prosper.”

Maguire holds a bachelor’s degree in Business Management from St. John Fisher College with a concentration in Finance. He is a 2015 graduate of Leadership Genesee.

As a lifelong resident of Batavia, he has served as a volunteer on numerous boards, committees, charitable and civic organizations. He and his wife, Jamie, have a newborn child, Greta.

Post said it is imperative to have an experienced professional running the water and wastewater operation, which continues to increase.

“We’re looking at the administration of over 3,000 water/sewer customers that we’re now serving in nine communities that we contract with, and probably soon to be 12,” Post said. “It’s a large undertaking and we need the staff for the future if we’re to be sustainable. We’ve got good growth and a lot of irons in the fire, and I am thinking that he will be an asset to the region, not just the town.”

Maguire could not be reached for comment tonight.

File photo taken by Mike Pettinella.

Noting that it was “bound to happen sooner or later,” Genesee County District Attorney Lawrence Friedman is overseeing a relatively inexperienced staff as he moves toward retirement after more than 24 years on the job.

Friedman provided a review of his department at Monday’s Genesee County Legislature’s Public Service Committee meeting, reporting that all five of his line assistant district attorneys were hired during the past 27 months, and when he retires at the end of this year, the office will have another new attorney.

He said he hopes that these attorneys – Kaitlynn Schmit, Joseph Robinson, Robert Shoemaker, Andrew DiPasquale and Aaron Moore – will continue to serve the county after his departure.

“I’d like to think that most of them will stay,” he said. “Eleven years ago, every attorney had more than 20 years’ experience. When I retire, nobody will have more than two and a half years. It’s a major change, and I guess it was bound to happen sooner or later.”

First Assistant District Attorney Kevin Finnell, who has been an assistant DA for 30 years, is running unopposed in November to succeed Friedman.

Friedman was an assistant district attorney for six years and first assistant DA for nine years prior to becoming the DA.

He said it has yet to be determined if Finnell’s position will be filled internally or not.

In his report, Friedman said that operations have not returned to pre-pandemic conditions, stating that town and village courts have reopened but on a limited basis. County Court recently returned to full staffing but many matters are being handled virtually.

The county’s first post-COVID-19 felony jury trial is taking place this month.

“We have, not surprisingly, built up a substantial backlog of cases and it will take quite some time to get caught up,” he reported, adding that it is a cause for concern with many new employees on board.

He said he is requesting the creation of a temporary assistant DA position and also hopes to find an experienced prosecutor to fill in for another assistant DA who will be on parental leave.

Friedman reported that a Discovery Reform grant for $228,720 has been obtained, with $3,791 going to the Village of Le Roy, $48,898 to the City of Batavia and the remaining $176,031 to Genesee County. The latter amount fully covers the Discovery Reform expenses incurred for the one-year grant period by the DA’s office and Sheriff’s Office, he said.

PROBATION DEPARTMENT UPDATE

County Probation Director Timothy Michalak presented his department review as well, reporting that about 500 adults currently are on probation and that he expects that number to go up.

“(With bail reform,) you can’t put anybody in jail so, yes, I believe it will increase,” he said.

Michalak reported that the department’s probation officers are handling an average of 70 cases each, calling that number “not terrible – a bit over the 50 that is recommended,” but thinks that amount is bound to increase as the court system returns to normal.

He informed the committee of the department’s “Ce Check-In” software that enhanced its supervision during the pandemic with time, date and location stamps and, on smart phones, photo capability.

“Going forward, we’re going to continue using it to a smaller extent,” he said.

Concerning the department’s budget, Michalak said he saw no major issues, and anticipates receiving full reimbursement from New York State – not the 20 percent less than he had budgeted.

He also said Probation received $30,000 more in Department of Social Services shared services funding, and that covers a large percentage of two juvenile probation officers and one juvenile supervisor.

SHERIFF’S OFFICE RENEWS SRO PACTS

On another law enforcement front, the PSC recommended approval of renewals of memorandum of understanding with Alexander, Pembroke, Oakfield-Alabama school districts and Genesee Valley BOCES for school resource officers for the 2021-22 school year.

The Alexander contract covers a full year – July 1-June 30 – while the Pembroke and O-A pacts run from Sept. 1-June 30. Genesee Valley BOCES increased its coverage from 10 to 12 months.

The full year costs to each district and BOCES are in the $98,000 to $99,000 range.

Sheriff William Sheron submitted another resolution to accept $41,876 from the state Division of Criminal Justice Services to continue the Community Service Sentencing Program and Pretrial Services Program for one year, starting July 1.

The sheriff also reported that the Village of Bergen wishes to renew a contract for additional road patrols for another year, effective June 1, at a cost not to exceed $13,500.

The PSC recommended for approval both the grant and increased road patrol resolutions.

At a time when politics sometimes obscure the good work people do, Superintendent Anibal Soler "took stock" Monday night of all the things parents students, staff, administrators and school board members accomplished during the coronavirus pandemic.

As part of his regular superintendent's update, Soler ran through a list of positive things that have taken place in the district since the pandemic rolled into Genesee County 15 months ago.

"Sometimes we get lost in the current events, the news articles, this whole thing we can’t really control, people question our integrity, our commitment to kids because we may not be extreme about masks or anything of that nature," Soler said to open his remarks.

In no particular order, he said:

• Though the district didn't have to, schools reopened 10 weeks ago to full, in-class learning five days a week. "We could have taken the easy route," Soler said.
• The school board approved a budget with zero impact to taxpayers in "a very tough year."
• The district fed 150,000 meals to district families.
• The district installed 200 WiFi hotspots so students without internet access can study at home.
• "Parents were subject to constant, evolving guidance from the state and an ever-changing approach to learning from us," Soler said. "We know this hasn't been an easy year. They've stayed committed to us, committed to their kids, and their kids have been resilient. They rarely complain about any of the things we ask them to do." He added, "I want to thank our parents for always encouraging their kids to be resilient but I also want to thank our kids for stepping up and doing everything we asked like social distancing in the cafeteria, sitting at desks the whole time, you've got to walk with your mask on, one person at a time in the bathroom, a variety of things."
• The district provided at-home technology to pre-K students so students didn't need to bring technology back and forth from home to school.
• The district opened a brand-new playground at Jackson School "during a pandemic," he noted.
• Students in Special Education were coming to school campuses five days a week from the start of the pandemic.
• Plans are in place for a prom and graduation.

It hasn't been an easy year but the best barometer for how the district has performed, he said, is what the kids say.

"Most of them say we did a pretty good job with what we had to work with," Soler said.

"This is a very politically divided time," he added. "If we stay grounded on what we do for children we can never go wrong."

At the start of his update, Soler announced that two principals in the district have taken new jobs elsewhere.

Ashley John Grillo will be leaving Batavia Middle School to become principal of the Junior-Senior HS in Byron-Bergen.

Amanda Cook is leaving John Kennedy to become director of curriculum in Pavilion.

Nate Korzelius will become interim principal at BMS. Soler said Korzelius will work on integrating high-school-credit courses into the offerings at BMS and that the change will open more opportunities for those students who participate to start Genesee Community College studies while in high school.

A representative of the company looking to build the largest solar project ever in New York State says that building relationships with Town of Elba and Oakfield officials and residents are the keys to finding a path to a finished product that benefits everyone.

Speaking by telephone from his Chicago office last week, Harrison Luna (photo at right), development manager for Hecate (pronounced Heck-A-Tee) Energy, said things are progressing smoothly more than a year after the solar company announced its intention to place a 500-megawatt solar farm on what is now 2,452 acres of farmland in the north portion of the adjoining towns.

On June 3, Hecate Energy filed an application with the New York State Office of Renewable Energy Siting (ORES) to construct the solar system, which Luna said represents a $500 million-plus investment that will create more than 500 construction jobs – and about 12 permanent full-time jobs -- and will be capable of supplying 920,000 megawatt hours of renewable electricity per year.

Luna said he has been impressed with the feedback from governmental leaders in both towns, who have interacted with him through three open houses and numerous other meetings – virtually and in person. He said that he places a high priority on understanding the views and concerns of the local citizens.

“Just from my perspective, the only way these projects really work is when they come with a respect of the communities they deal with – by building relationships in the community,” he said. “You can’t do that without having a conversation, early and often. That’s how we’ve been doing it the whole time.”

COMMUNICATION LINES ARE OPEN

Luna said he has been in constant contact with town officials, landowners and neighbors, noting that there have been three virtual open houses with hundreds of people participating.

He also holds Zoom calls outside of his office hours for people to speak to him, and has set up a dedicated phone number and email address for people to call with questions or concerns. He said he returns those calls and emails as soon as possible.

A press release from Hecate Energy included comments from the Oakfield and Elba town supervisors, with both Matt Martin and Donna Hynes, respectively, giving the company high marks for keeping them informed “every step of the way” and offering a project that will result in significant financial benefits to both municipalities.

When contacted by The Batavian, Martin said that in his town, things are progressing without controversy.

“I had one resident ask about if the town wanted it or didn’t want it and I said, basically, that we have no choice,” he said. “The state dictates what they do with the solar panels; the state is running the show, not us.”

Martin acknowledged that the economic benefits will be significant – likely in the millions for both towns, the Oakfield and Elba school districts and other taxing entities – but said those, too, “are beyond our control.”

“We can publish what those benefits are but I don’t think they’ve got those numbers outlined yet,” he said. “As things progress, we’ll have some more information. Nothing like this moves really fast.”

A call to Hynes has not been returned.

NEW STATE AGENCY CONTROLS THE CLOCK

As far as the timetable is concerned, Luna said that ORES -- the state agency that has replaced the Article 10 permitting process for large-scale renewable projects -- has 60 days to determine whether Hecate Energy’s application is complete. The Cider Solar Farm is the first application submitted under ORES.

“They are set up sort of as a one-stop shop and a point of contact for everybody to work through the permitting items together,” Luna said. “I think the difference there is that in Article 10, interaction with agencies was hectic – you would talk to individual agencies – while here it’s more of a clearinghouse for all of those interactions with the state.”

Once ORES deems the application is complete, there’s a one-year clock it has to work through the various items in order to issue or deny a permit, Luna said. It could stretch beyond that (or move faster) depending upon the application checking all of the boxes.

Luna said once the permit is received, the company would be ready to start construction, hopefully by next summer. Construction is expected to take 18 months.

He said he projects that about 500 full-time equivalent jobs will be created during construction and around a dozen permanent jobs afterward.

“Once it is built, it is relatively low maintenance,” he said, adding that workers will be paid prevailing wage and “that you would expect a concentrated labor force of local residents.”

THIRTY-ONE LANDOWNING ENTITIES

What began as a 4,000-acre proposition has decreased to 2,452 acres, and that’s all by design, Luna said.

Currently, 31 landowning entities (controlling 67 parcels) have options to lease their land to Hecate Energy, with a few of them being different entities controlled by the same family.

The major landowners are Call Farms Inc., with more than 1,000 acres, along with Norton Farms (approximately 600 acres), Offhaus Farms Inc. (approximately 500 acres), and Eugene Bezon (approximately 300 acres).

Others with around 100 acres are Big O Realty LLC; CY Properties; Gene H. Sharp; David Shuknecht; and Lynn Shuknecht.

CLICK HERE for a complete list of landowners of record. Note that the acreage totals may have changed due to the “honing” process.

“The way that works is originally we went and sought options and lease agreements for 4,000 acres of land,” Luna said. “The reason we start that big is to give us enough room to move with the desires of the community and hone that project to the best possible version it could be. Over time, as we’ve listened to the community on certain things – how far it sets back from the road and various other concerns – we start pulling back and honing it to something much smaller.”

He called it a “useful exercise” -- one that considers protected wetlands and endangered species.

In the case of the Cider Solar Farm, less than 2/10ths of an acre of state-regulated wetlands has been permanently impacted, he said.

NAAS: PROPERTY OWNERS HAVE A CHOICE

Bruce Naas (photo at right), president of the Genesee County Farm Bureau, has signed an option to lease 60 acres of land on Naas Farms LLC on Lockport Road in Oakfield for the solar project.

“My opinion has always been, if you own the property, it’s not like I am going to tell somebody else what do to with it,” Naas said. “If it is something that benefits you and your family in the long-term plan, then it’s something … it’s a decision that you have to make.”

Naas said the land that he is leasing is a small portion of the family farm, which grows vegetables, soybeans, corn and wheat.

“We here at our farm, elected to put the poorer ground into solar. It would not generate the income that we have been offered by the solar company – growing row crops. So, for us, it’s strictly a business decision.”

He said he hopes that solar works out in the long run.

“My biggest fear with solar is that it is something I would assume as time goes on would become more efficient … I hope as we move forward, that these things don’t become obsolete before their lifespan,” he said. “I guess from the sounds of it, it is an objective that the governor and political leaders want us to meet, and either you say ‘Yes’ or the train passes you by.”

Naas mentioned the economic advantages for the community, but added that his “biggest concern was that I have to look it at for the rest of my career.”

The farm bureau has no official position on solar, Naas said, reiterating his stance that it is the property owners’ choice “unless it directly affects someone else.”

A call to Call Farms for comment from one of the owners was not returned.

MILLIONS OF DOLLARS IN THE PIPELINE

Just as the public has seen with the Excelsior Energy Project in the Town of Byron, where the taxing jurisdictions stand to gain millions over the 20-year term of the agreement, the towns of Elba and Oakfield, their school districts, special fire districts, Genesee County and the Haxton Memorial Library will reap financial rewards.

The landowners receive direct compensation through their lease agreements (which generally are believed to pay between $500 and $2,000 per acre per year).

“Our goal is to try to make sure everyone benefits; everyone in the community as well as the company as well as the State of New York as well as landowners,” Luna said. “We want it to be positive for everybody involved.”

Towns and other interested parties also have access to $500,000 in intervener funds – money made available to help towns and groups/individuals evaluate the impact of the project.

“Local people have a voice in this and they will coordinate with ORES as it makes funding available over the next two month to the towns and other interveners,” Luna said. “The towns can use that to get their heads around what exactly is going on. Towns request the amount they need or want, ORES takes a look at every intervener funding request and allocates that funding to the towns and other pertinent entities – with the towns having first place in line.”

Luna did not speak to whether Hecate Energy would be applying for tax incentives or payment in lieu of taxes through the Genesee County Economic Development Center, stating that the process has yet to reach that stage.

DISCOUNT ON CONSUMERS’ ELECTRIC BILLS

He did point out that every resident of Elba and Oakfield will receive a direct utility bill reduction in connection with the project.

“We will send money to the utility that they must take off people’s monthly utility bills … for the first 10 years,” he said. “We pay a fixed amount per year to be distributed to town residents. It will probably about $100 per year for each resident, but that will be determined.”

Luna, responding to a question about the flow of electricity from the system, said power generated on the grid flows to the nearest user of electricity.

“It will be used as close to as it is generated as there is demand for it,” he said, adding that the system would produce enough electricity to power all of Genesee County “and then a little bit more.”

Hecate Energy has entered into a Renewable Energy Credit (REC) contract with the New York State Energy Research and Development Authority, Luna said.

“We sell environmental benefits of the project, which are tracked using these objects called RECs,” he said. “We’ll sell those under contract to the state, or NYSERDA, where they get to retire them and take credit for the ‘green’ goals that the state has – which are quite ambitious.”

He said his company seeks to demonstrate that it is meeting the state’s goals.

“It’s not a contract to sell the power. We’re not selling power; we’re capacity to the state,” he added. “We can sell the power under this contract to the open market so that any user of electricity that is eligible to buy electricity, we can sell it flexibly.”

TORREY MARSHALL: WE CHOOSE TO FARM

Luna said he has encountered no organized opposition – “I’m knocking on wood as I’m saying that,” he noted – and attributes that to the level of interaction thus far.

“I think it’s a real difference when you’re generally putting these communities first in your mind when you doing anything. I think people can tell. I think it’s really important if people really care about communities when they do these things as it really makes everything a lot better,” he said.

While that may be true, not everyone is thrilled that solar has become such a hot commodity at the expense of farming.

Maureen Torrey Marshall (photo at right) of Torrey Farms, a major agricultural enterprise in Elba and surrounding towns, said she thinks “it’s sad that solar panels are the most viable crop that farmers can grow.”

“Well, you can’t fault anybody because they can’t get that type of return by growing any crops, but it all goes back to New York State,” she said. “I’m on the (Elba) town board and we’re going to try to get as much (money) as we can, but you can’t fault anybody. The town and the school need to benefit as much as they can from this.”

She said that solar is going to change the look of the community – and it’s not about to stop in Elba and Oakfield.

“That is what is going to happen down in the valley along (Interstate) 390, near Mount Morris – all that beautiful farmland in that area. That’s all going to be solar,” she said. “New York has placed a priority on green energy and it has just steamrolled.”

Torrey Marshall said her operation is not leasing land to the project.

“You get letters – these companies are just coming out of the woodwork. To be honest, all of Route 98 going to the Thruway could be solar panels,” she said. “It’s our choice and our choice is to farm.

“Elba has survived on agriculture ever since it was founded. Then you have people saying that this is so great. It’s sad that this is the best viable use for your land right now.”

ZUBER: TAKING FOOD OUT OF OUR MOUTHS

Eric Zuber, of Byron, part of the organized opposition to the Excelsior Energy Project, said he owns farmland on the fringes of the Cider Solar Farm but is not signed up to lease any land.

“The quality of ground they are taking in that one is not the quality of the ground here. It’s productive soil but it isn’t the soil that is being taken for the project in Byron,” he said. “Still, I think all of these projects on farmland are stupid. I think, if I had the right type of guys come in here, they could prove that it will create more carbon than it’s going to prevent.”

Hecate Energy contends that the Elba/Oakfield solar system is projected to offset more than 420,000 tons of carbon dioxide per year, the equivalent of taking over 92,000 average cars off the road annually.

Zuber said he is on board with smaller solar farms on side yards or on roofs of homes, “but when they start doing these big projects, they’re taking the food out of people’s mouths.”

“Go to the grocery store and buy food. What has it done in the last six months? You need another $50 in your pocket to buy your groceries,” he said. “All they’re doing is making people hungrier and making the poor people poorer.”

THE BEST APPLE CIDER IS HERE

Luna acknowledged that not everyone is on board with solar panels along country roads.

“There are always some people who aren’t really excited, which is natural for a project of this scale,” he said. “What we do in that case, which again I think is really positive, is try to interact directly with those people and have one-on-one conversations – because sometimes we can help. If they’re concerned that they will be looking at panels all day, we can put visual screening there that mitigates that visual impact. That can make people feel more comfortable in many cases.”

He said Hecate Energy is committed to community involvement and will be looking at opportunities as the project progresses.

The solar company is hosting a fire training for first responders in Elba and Oakfield next Monday night (June 21) at the Elba Firemen’s Recreation Hall in the village. Luna said it will be a comprehensive training in the event of solar fires or emergency situations in various applications – not just large-scale, ground-mounted systems.

So, as indicated, the clock is ticking on the Cider Solar Farm, a unique name for the project that came into Luna’s mind as he drank a glass of local apple cider.

“Funny enough, the first time I came up to town – I’m not exactly sure where it was – I was on the road looking for land that was suitable and getting prepared for meetings with landowners when I bought some apple cider at some place … and I said that this is the best cider I ever had,” he said. “I’m from Tennessee. I don’t know if it’s something about the climate or something else, but maybe our apples aren’t quite as good. But I really enjoyed the cider.”

Hence the name, Cider Solar Farm.

Citing increased work and personal commitments, Peter Cecere has resigned his seat on the Batavia City School District Board of Trustees.

Board President Alice Ann Benedict read Cecere's resignation letter before the board voted unanimously to accept his resignation.

Cecere said he came to the decision after many hours of deep thought.

"These many years I have been involved have been very, very rewarding," Cecere said. "It seems like 2013 was just a few minutes ago. I have enjoyed serving the parents, teachers, and administrators of this vibrant community. But most importantly I have enjoyed being an advocate for the incredible children of this district."

Before the vote, Cecere thanked his fellow board members for their friendship during his time on the board and said increased work commitments along with his desire to spend more time coaching soccer contributed to his decision to resign.

He said he felt to remain on the board he needed to give it his full commitment and with these changes in his life, that was no longer possible.

Photo: Screen capture from video of last night's meeting. Superintendent Anibal Soler presented Cecere with a certificate and a framed collection of drawings of the district schools.

Sixteen months ago, Genesee County Manager Matt Landers observed that because of bail reform in New York, it was the “worst time in state history to be building a jail … but it must be built.”

Well, since that time, the COVID-19 pandemic hit society extremely hard – resulting in staggering increases in construction costs – while the legislation that eliminated cash bail for most misdemeanor and nonviolent felony offenses remains in place despite calls throughout the state to “reform the reform laws.”

On Monday afternoon, Landers updated county legislators of the municipality’s state-mandated obligation to construct a new jail, expressing the view that it may be difficult to get under the $60 million price tag for a 184-bed jail on property just east of County Building 2 on West Main Street Road.

“We rely on experts that do build jails across the county and rely on trends and speak to the interested parties in the community to better understand how large a jail to build,” he said. “It behooves us to take a step back and make sure we update this study. And although it is less than four years old, a lot has happened in four years.”

Landers said that a revised report from Pike Company, project construction manager, is nearly finished.

“I have been told that we are days out from getting a draft of it, and then we will study it and bring it to the attention of the legislature for review before we finalize a report,” he advised. “At the same time, there was a smaller meeting of consultants (with county management) to try to get a timeline established of what a restart would look like.”

He said if the county is to make “meaningful moves forward, we really need to understand what kind of costs we’re looking at for the jail.”

Previously, legislators supported a budget of $60 million.

Landers said that “estimates had us right around there – maybe a shade over.”

“So, when we put this on pause (due to the pandemic), we were working really hard to shave it to get under that $60 million goal the legislature had put in place,” he said.

Landers said he had approved having SMRT, an architectural firm out of Portland, Me., do a cost estimate of the final design, based on 184 beds, with the understanding that the county might lop off cells in increments of eight if necessary. He said he expects to receive that report, including the amount of cost savings by reducing the number of beds, in two to three weeks.

When that report is finalized, Landers said that Graham Vickers, principal/director of justice practice for SMRT, will appear before the legislature to go over it and answer questions.

“The cost of the jail may drive additional decisions,” he said, adding that questions being asked now focus on whether to wait for construction prices to come down before relaunching the project.

Landers said that Vickers indicated restarting in July and putting it out to bid in the fall.

“That would be the ideal timeframe where we could have our project out there for bidding before companies are already set up for the following year,” he said.

Landers said a major reason for the update is the fluctuation in jail population in the county over the past two years.

He reported that currently the county is responsible for 50 inmates with six of those females being housed outside of the county. By comparison, there were 141 inmates in June 2019. At that time, the thought was that a 184-bed jail was the right size. Now, the thinking is that it could be too big.

Landers said the county’s plan to partner with Orleans County is on hold, but Genesee can’t afford to delay the project.

“What we can do is move forward with the jail and be a viable option at some point in the future if Orleans wanted to partner with us …,” he said.

He said recently the idea of adding a backup 9-1-1 center at the new jail – a 20-foot by 20-foot space that would accommodate two dispatchers – came to light, with the possibility of obtaining a grant to fund it.

In closing, Landers said much depends on what happens to the bail reform laws – whether further legislation is passed to give judges more discretion in remanding those accused of a crime to jail.

“Everything swings back and forth, but with the state legislature controlled by one party, I don’t see it swinging too far back,” he said.

County Sheriff William Sheron, who also was on the Zoom call, said he thinks otherwise.

“I believe the pendulum will come back,” he said. “People are reoffending and reoffending … it’s just a matter of time.”

Parking lots, trash collection and rezoning of a small parcel on East Main Street were among the subjects of resolutions passed Monday night by Batavia City Council during its Business Meeting in the City Centre Council Board Room.

Council members voted to use $70,000 from the appropriated parking lot reserve to resurface parking lots on Center Street, Ellicott Street and at Lions Park this summer.

Projected cost per lot is $50,000 for Center Street, $12,500 for Lions Park and $7,200 for the Canale lot, which is west of 240 Ellicott St.

Williams Park is on the city’s paving scheduled for 2022-23.

• The board also formally approved an agreement with Casella Waste Systems of New York, which has offered to empty the trash cans at city parks and downtown at no charge.

The pact, set to run through Nov. 30 with the option to renew for up to two years, stipulates that Casella will empty the park receptacles on a daily basis and downtown containers on a weekly basis in return for painting the receptacles dark blue and placing a sign on them, stating “Serviced by Casella Waste.”

• Council, in order to move the Healthy Living Campus project forward, referred to the City Planning & Development Committee a request from the GLOW YMCA and United Memorial Medical Center to rezone a small parcel at 211½ E. Main St. from P-2 (Planned Development) to C-3 (Commercial) to consolidate all the property into a Commercial zone.

The rezoning referral is on the agenda of tonight’s PDC meeting at the City Centre.

Previously, City Council and the PDC signed off on the rezoning of 211 E. Main St.

Project consultant David Ciurzynski said the UMMC/St. Jerome boiler house sits on 211½ E. Main St., which is north of 211 E. Main St.

“Because our building crosses the north property line of 211 into 211½, we need to have it rezoned as well,” he said. “After everything is rezoned we can start the process of combining the various parcels into one parcel for the project.”

In other action, Council approved:

• The appointment of five residents to the City Audit Advisory Board through the end of the year. They are citizens Nicholas Harris, Marc Staley and Paul Battaglia, and Council members Bialkowski and Jankowski.

• The release of $7,136.50 from the K-9 Committed Fund Balance to offset the costs of running the program. City Manager Rachael Tabelski reported that the city received $2,332.47 in donations for the fiscal year ending March 31, 2021, but had $9,468.97 in expenses for the K-9 program during that same period. As of March 31, the K-9 Committed Fund’s balance was at $4,92.02.

After years and years of studies, citizen task force recommendations and broken promises to City of Batavia police officers, the Batavia City Council may be ready to pull the trigger on construction of a new $10.8 million police headquarters on the parking lot at Alva Place and Bank Street.

Lawmakers, during a Special Conference Meeting tonight at City Hall Council Board Room, listened to a presentation of a City of Batavia Police Station Feasibility Study – hearing from Kenneth Pearl, president of Architecture Unlimited LLC, of Williamsville; City Manager Rachael Tabelski, and Police Chief Shawn Heubusch on what it would take to finally move its law enforcement personnel out of the 160-year-old Brisbane Mansion at 10 W. Main St.

“This has been going on so long that now we’re spending $10 million for a building that if we would have built this six, eight, 10 years ago when we were talking about it, it would have been a few million – three, maybe four (million),” said City Council President Eugene Jankowski, a retired city police officer who is well aware of the poor conditions at the current station.

“Every time they (apparently referring to past City Councils) wanted to come up with a price, they would decide to spend tens of thousands of dollars on another study, and they would turn right around and try to say let’s merge, let’s eliminate, let’s become one police department. There wasn’t public support for that; there wasn’t availability to make that happen. It wasn’t feasible and it wasn’t cost-effective to do that.”

Jankowski said that the city abandoning its police force – putting that responsibility on Genesee County – would be unwise.

“I’ve lived in the city and I expect to have a policeman and a fireman nearby when I need one, if my house is on fire or if I’m in trouble … we need our police department,” he added.

Pearl reported that If City Council is indeed serious about building a new home for its police department, it is going to cost $10 million or more, depending on when they build due to the unstable construction climate.

His analysis indicates that the $10.8 million cost of a 19,000-square-foot building, complete with enclosed parking for more than 30 cars, would break down as follows:

• Batavia Police Department Building -- $6,270,000;
• Site Work – Building Project, $570,000;
• Site Work – Public Parking Modification, $660,000;
• Site Environmental Contingency -- $500,000;
• Contingency at 10 percent -- $800,000;
• Professional Fees – A/E/Survey/Geotech -- $880,000;
• Furniture, Fixtures, Equipment -- $650,000;
• Professional Fees -- $390,000;
• Project Expenses -- $80,000.

Should City Council decide to add a secure parking roof structure – a steel roof with no walls or heat -- that would add another $2.65 million to the price tag. Pearl’s report listed that feature as an alternative, along with the installment of an eight-inch water main to replace the current four-inch water main, and a Bank Street improvement public infrastructure program to include traffic calming and pedestrian safety enhancements.

As far as paying for the facility, Tabelski proposed a $10 million improvement serial bond with a 30-year term, noting that annual payments would range from $425,000 to $507,000 for principal and interest.

She said the city, by 2025, could absorb debt payments of $570,000, adding that in the next three years, debt from an energy lease, tandem axle municipal lease and the Enterprise Resource Planning software system will be off the books.

“While there will not be room for other borrowing in the general fund, by 2033, City Hall principal and interest payments will be reduced by $164,000 and by 2036, the entire debt will be paid on City Hall,” she said.

Tabelski said she will be looking for grants in an attempt to drop the amount needed to borrow under $10 million.

Heubusch advised Council of the conditions at the current police station, mentioning a 50-year-old boiler system, deteriorating walls, leaky roof, cramped quarters, lack of air conditioning and inconsistent heating.

In fact, the roof is in such disrepair that Council tonight passed a resolution to spend $100,000 from the municipality’s facility reserve fund to replace the flat portion of the 30-year old roof.

An analysis of that building showed that the flat roof portions above the rear vestibule and the rear addition require a full replacement. Currently, the roof is leaking into the conference room, locker rooms, detective offices and women’s and men’s bathrooms.

Pearl said he considered “four basic criteria” as he evaluated the possibility of a police station at Alva and Bank:

1. “Could we save an adequate amount of public parking that could still be used by its neighboring businesses?”
2. “Could we create enough secure parking within the wall or fence system for the police department itself?”
3. “How much underground public infrastructure are we going to have to deal with (pipes, utilities under the parking lot)?”
4. “And if we leave ourselves enough options after all that to go through a design and engineering process, would a viable project come out of it for the building itself?

Later on, he answered those questions affirmatively, stating that through substantial reconstruction about 115 public parking spots will remain in the lot with plenty of street parking available as well, and that there will be ample parking for police and other vehicles within the compound, next to the one-story facility.

He reported that basic elements of the project are a secure wall and gates, secure infrastructure (including an outdoor generator), storage space, open or covered parking and K-9 accommodation.

“Picture an L-shaped roof … what that allows us to do is create a public entry right here at Alva and Bank, which maximizes the public roadways,” he said. “Something that makes sense. You have the dedicated, primary entrance … you do not have that now.”

He said that police interaction with the community would be at the front of the building while operations and security would be placed toward the back.

Pearl’s report reveals the interior of the building will have a dedicated public entry space, front desk space, administrative offices, detective bureau, patrol offices and training rooms, emergency response team room, technical services areas (firearms, evidence storage, laboratory), accessory functions (locker rooms, break room, garage), interior infrastructure and community space.

Exterior spaces will include a public entry approach, flagpole, memorial area, landscaping, parking spots, generator, transformer, storage barn and K-9 lawn area.

Although he said the architectural and engineering process to get to this point has been complicated, the end result is that placing a building in the public parking lot “is a good option.”

“From a technical perspective, I’m very confident in saying that,” he said.

Pearl said construction could be complete by the end of 2023, but the current pricing would hold only if it went to bid within a year. He called the construction industry topsy-turvy right now, making it difficult to estimate costs.

To illustrate, he said the $8.8 million cost of just a 19,000-square-foot building (without fees and expenses) would have cost $5.7 million just three and a half years ago.

Going forward, Tabelski said the next steps would be putting out a request for proposal to architecture and engineering firms in September for design and surveying work, and then going back to City Council for contract approval/execution and a vote on final bond resolution around December.

City Council Member Al McGinnis was part of the City Police Task Force that worked on finding suitable locations for a new police headquarters about six years ago. He said that a lot of time and effort was spent by the committee and to see that nothing has changed is beyond disappointment.

"The fact that we have put our police through this for the past 20 years, 30 years is amazing," he said. "It violates just about every code you have for a police station. ... We talk, we talk, we talk and when we get done, we talk again. We kicked this can down the road. There's no more road and there's no more can. We have to do something."

Architectural sketches -- Top, the proposed City of Batavia Police Department headquarters at Alva Place and Bank Street (building in red with parking lot in purple); Bottom, parking lot showing 34 spaces for vehicles plus room for cars next to the building. A storage shed (orange) and K-9 area (green) are at left.

Jim Goff, an icon of the local music scene for decades, passed away this weekend, according to an announcement by his family on The Stumblin' Inn's Facebook page.

Goff and his brother Stephen "Stork" Goff owned and operated the famous bar and music venue for nearly four decades, until a fire destroyed the 150-year-old building in Elba in July 2018.

Stork passed away in March.

An obituary about Jim Goff is not yet available.

According to his family's statement, Goff succumbed to cancer.

It reads, in part, "The Goff family has suffered so much loss this year but this one is the hardest to swallow. My dad was so incredibly kind, caring, compassionate, and selfless. He supported so many local bands and charities, he brought together so many friends and families, creating unforgettable memories for all of us."

Photos: File photos from a 2018 benefit for the Goffs. 

Dean Matthew Conboy (inset photo, right), 56, of Harper Road, Darien, is charged with: two counts of attempted aggravated assault upon a police officer; two counts of menacing a police officer; unlawful imprisonment in the first degree; second-degree menacing; attempted assault in the second degree; three counts of criminal possession of a weapon in the fourth degree; and obstructing governmental administration in the second degree. At 7:19 a.m. June 11 on Harper Road in Darien, Conboy was arrested after allegedly menacing a person with a butcher knife and attempting to cause physical injury, resulting in the victim barricading themselves in a bedroom. It is also alleged that the defendant attempted to cause serious physical injury to deputies and placed them in reasonable fear of physical injury and death as he grabbed and armed himself with a butcher knife while deputies struggled to take him into custody. After arraignment in Genesee County Court, Conboy was put in jail on $10,000 bail, $40,000 bond or $60,000 partially secured bond. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Robert Henning and Investigator Kevin Forsyth.

Kevin McCoy, 54, was arrested at 7:30 p.m. June 8 and charged with second-degree menacing and criminal possession of a weapon in the third degree. It is alleged that he threatened three people with a knife during an argument in a parking lot on East Main Street. He was arraigned in Batavia City Court and put in jail without bail. McCoy was due back in court June 10.

Jason Jones, 50, was arrested at 6:30 p.m. June 3 on charges of criminal possession of a weapon in the third degree and unlawful possession of fireworks. The charges stem from an incident where Jones was being taken into custody on an unrelated matter. Officers allegedly found a collapsible baton and fireworks in Jones' vehicle. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was put in jail on $5,000 bail, $10,000 bond, or $20,000 partially secured bond. He is due back in court July 1.

Jeffery Michael Johnson, 33, of Forest Avenue, Oakfield, is charged with criminal possession of a controlled substance in the seventh degree and possession of a hypodermic instrument. At 5:53 p.m. June 10, Johnson was arrested on Forest Avenue following a home check by GC Probation and the Sheriff's Office. Allegedly, they found fentanyl and 13 hypodermic needles in the bedroom and in his vehicle. He was issued an appearance ticket and is due in Oakfield Town Court on July 12. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Jason Jones, 50, was arrested by Batavia Police Officer Peter Post at 6:08 p.m. on June 3 on Dewey Avenue and charged with second-degree criminal contempt. He allegedly had contact with an individual with an active order of protection against him. Jones was arraigned in Batavia City Court and put in jail in lieu of $500 bail. He is due back in court July 1.

Michael Lytle, 32, was arrested on June 8 and charged with second-degree menacing in connection with a disturbance that occurred at 10:43 a.m. June 4 on State Street, Batavia. It is alleged that Lytle displayed a pellet gun that was perceived to be a real firearm following a verbal dispute with the victim. He is due in Batavia City Court on June 27.

Christopher Taylor, 21, is charged with second-degree harassment and endangering the welfare of a child. He was arrested after a disturbance at 7:07 p.m. June 6 and arraigned in Batavia City Court. He was then released on his own recognizance and is to return to court June 24.

It was a glorious ending to a glorious week.

“A Field of Thanks” celebration coordinated by members of the St. James Episcopal congregation concluded its eight-day tribute to military veterans, community workers and volunteers on Sunday afternoon with the presentation of flags to 81 recipients on the front lawn of the East Main Street church.

Calling the event “a gathering of people sharing stories of hope, sacrifice and love,” the Rev. Bonnie Morris, rector, shared the significance of flags in society.

“Flags are symbols. Flags serve as many things. They may be a rallying call. They may be a reminder of an ideal. The may be a call to action,” she said. “Today and this week and throughout this entire project, flags have pointed to people. They pointed to service. They pointed to dedication.”

Morris said the flags – which were put up on the church grounds last Sunday for all to see – provided “an awesome way to come together in honor of this service.”

“We are a nation of many people and each people with many gifts, serving many people. The flags that we have gathered around us this week in ‘A Field of Thanks’ are the nation’s flags, along with the Navy flag, the flag of Canada and the flag of the United Kingdom,” she said.

“They all represent courage and commitment. They represent community and country, and a people’s dedication to service.”

The program included participation by employees of the Genesee County Sheriff’s Office and City of Batavia Police Department, and solemn renditions of “Retreat” and “To The Colors” by Batavian Derek Reiss on the bugle. Captain Jim Ellison, Navy, Retired, of Le Roy, served as the master of ceremonies.

Undersheriff Brad Mazur read the list of the heroes’ names and sponsors while Genesee County Sheriff’s Office Honor Guard members Sgt. Andrew Hale, Deputy Ken Quackenbush and Deputy Kyle Krezmien presented the flags and plaques to the honorees. Batavia Police Officer Sean Wilson also had a part in the pageantry.

Categories of heroes included groups and organizations, first responders, health care professionals and members of the armed forces.

Husband and wife Kevin and Diane Skelton, of Oakfield, sponsored flags for their late fathers, James L. Skelton and Kenneth R. Howard Sr., respectively.

Both served in World War II, with the latter receiving the Purple Heart.

“I just thought it was a great way to honor everyone who served the community,” Kevin said. “We thought it was very fitting to be able to honor our fathers who served in World War II. You forget about how these people served their country and even though they didn’t talk about it much during their lives, we understand the sacrifice that they made to serve their country.”

Diane agreed, adding that it was great to see recognition beyond the military.

“I think it’s great to not only honor the veterans but also the people that did things during the COVID pandemic and people who serve the general public – corrections officers and police officers. I just think it’s a fantastic idea,” she said.

Howard Owens, publisher of The Batavian, was selected by the committee to accept a flag and plaque on behalf of news media professionals.

“It is an honor to represent local media at this ceremony,” Owens said. “Many people in our community made contributions to help us all during the pandemic but locally and throughout the nation, local journalists worked extra hours under extra pressure to bring their friends and neighbors truthful accurate information at a time when political forces tried to spread misinformation.

“I think all of us are proud of the work we did and are grateful for the community's recognition of our work.”

Diane Cox, of Batavia, a registered nurse at the Genesee County Jail, was honored for her work during the coronavirus pandemic when the jail was on lockdown – no visitation, no chaplain and no legal services.

“As a nurse, you just do what you do; you don’t look for rewards,” she said. “It’s a passion; it’s what you do. I was honored to be recognized.”

Cox said that comforting inmates during COVID-19 “was a whole new level of nursing care.”

“They were anxious about their own family members on the outside, being exposed to COVID or having COVID, as well as bringing it into the jail where we were,” she offered. “We were able to contain our people, our staff, and we starting giving COVID testing outside of the county because we wanted to know.”

Since then, the jail staff has received equipment of its own to be able to test on site, she said.

Event coordinator Phyllis Draycott said the idea came to her more than a year and a half ago.

“I felt that people needed a little closeness,” she said. “Well, I thought that maybe COVID would be over in June and looked at Flag Day since it is less busy than any other holiday – well, it’s really not a national holiday. So, that was why we did that.”

“ 'A Field of Thanks' began on D-Day (June 6) and ended on Flag Day eve," she said “and now everybody can take their flags home and fly them at home (on Monday).”

Draycott credited her team of Dawn and Pete Mark for their professional touch, and choir director Dillon Hirsch, for leading attendees in patriotic songs last Sunday.

She presented a checks to WNY Heroes Inc., of Williamsville, and Meals on Wheels of Genesee County, the two agencies that benefited from the proceeds of the event.

Dawn Mark, instrumental in creating the plaques, said she counted it “a privilege" to meet so many people and find out about all their history.

“And I’d do it again in a minute,” she said. “I would suggest to anybody who wanted to do an event like this to go ahead and recognize your community.”

The list of honorees and their sponsors follows:

Photos at top: A large crowd turned out Sunday for the closing ceremony of "A Field of Thanks" at St. James Episcopal Church (seated in red shirt is Phyllis Draycott, event coordinator); Genesee County Sheriff's Office Honor Guard officiating the presentation of the flags. Photos at bottom: Diane and Kevin Skelton, of Oakfield; The Rev. Bonnie Morris, rector; Howard Owens, publisher of The Batavian, with Sheriff's Sgt. Andrew Hale; Plaque that was presented to News Media Professionals; Draycott presenting check to John Wolf and Diana Fox, representing Meals on Wheels of Genesee County. Photos by Mike Pettinella.

Genesee County Manager Matt Landers on Friday applauded the New York State Legislature for passing measures that will give county leaders across the state additional flexibility – leading to a lessening of the tax burden upon its residents.

“The legislation that recently passed the Assembly and Senate are definite wins for counties throughout New York and the citizens of Genesee County and New York State,” Landers said. “We are hopeful the governor will sign the legislation.”

When and if they are signed into law by Gov. Andrew Cuomo, these pieces of legislation will touch on several areas that directly affect how counties run their operations, Landers said.

He singled out three of the bills that passed both houses of the legislature in the final days of the 2021 session:

• Expands Investment Options for Counties to provide similar options as those available to New York City under current law and help maximize returns for taxpayers.

“This passed legislation will allow counties to maximize their monies in reserve by earning a higher rate of interest,” Landers said.

• Creates an AIM Redesign Task Force to analyze and recommend available alternatives to the current AIM formula and allocations, including models from other states.

“The creation of an Aid and Incentives for Municipalities design task force is certainly welcome, because simply shifting the state’s responsibility to fund local governments onto counties is not working and is not sustainable,” Landers said.

• Extends the Countywide Shared Services Initiative for an additional three years and enhances flexibility within the program to encourage more participation.

“This legislation providing for an additional three years of incentives for shared service initiatives is very welcome news in Genesee County as we are always looking for ways to partner with local governments to deliver services in more efficient ways,” Landers offered.

Other county priorities that were passed by the Assembly and Senate were the creation of an early intervention covered lives assessment fee on commercial insurance to help fund services for infants with special needs, and raising of the age of juvenile delinquent offenses from 7 to 12, keeping very young children out of the criminal justice system.

The latter, according to the New York State Association of Counties, helps to address racial disparities in the justice system, and allows tax dollars to be better spent on programs that are developmentally appropriate for young children.

NYSAC President Jack Marren commended lawmakers for being sensitive to what county governments have gone through.

“Over the last year we’ve seen how vital it is to have strong local governments that can respond to unforeseen emergencies and provide essential services to residents when it matters most,” Marren said. “Counties applaud Speaker Heastie, Majority Leader Stewart-Cousins and the state lawmakers who fought to provide counties with the resources and flexibility we need to support the programs at the local level.”

NYSAC Executive Director Stephen J. Acquario called upon Cuomo to put his signature to the paper.

“I’m hopeful that we can build on the progress made during this session and carry that momentum into next year, but first we need Governor Cuomo to sign these bills into law so that counties can get to work building effective and sustainable local governments.”

Press release:

Genesee County reporting seven new positive cases of COVID-19.

• The individuals are in their 20s, 40s, 60s and 70s. 
• One of the current positive individuals is hospitalized.
• Seven of the previous positive individuals have completed their 10-day isolation and have been removed from mandatory isolation.

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

• The individuals are in their 40s and 70s.
• Zero of the current positive individuals are hospitalized.
• Two of the previous positive individuals have completed their 10-day isolation and have been removed from mandatory isolation.

Today's COVID-19 update from the Health Department including the following notice:

Today is our last scheduled biweekly press briefing for the Genesee and Orleans County Health Departments due to the lower new COVID cases for both counties.

Although we will not be doing the biweekly media push, please note we will continue to report our numbers via our website at a minimum of twice per week (GOHealthNY.org), on our social media platforms, and via the Genesee-Orleans-Wyoming COVID-19 Case and Vaccination Tracker (which updates Monday through Friday, except holidays).

For regular updates related to GO Health COVID-19 Data, please visit our GO Health website at www.GOHealthNY.org and choose Emerging Issues. There you will find: the data chart as on our regular briefing; links to the Genesee-Orleans-Wyoming COVID Tracking Map; NY Forward for state updates; The Finger Lakes Vaccine Hub for updated data on GO Health vaccination; as well as links for vaccination and testing clinics.

Also keep an eye on our social media platforms: Facebook, Twitter and Instagram (GOHealthNY is our user name for all three) as we will regularly post updates.

From submitted statements; file photo:

Stefano Napolitano, chief of the City of Batavia Fire Department, has accepted a new job as deputy state fire administrator and officially starts in mid-July.

Today's announcement from the state's Office of Fire Prevention and Control says Napolitano will bring a wealth of experience to the office, including both career and fire service, county emergency management, and as a State Fire Instructor.

He has degrees in mechanical engineering, fire protection technology, and a Master of Science degree in Executive Fire Science Leadership.

“I would like to congratulate Fire Chief Napolitano for his leadership and dedication to the City of Batavia Fire Department over the last four years," said City Manager Rachael Tabelski.

"It was a pleasure to work with the Chief and I wish him great success in his new role as Deputy State Fire Administrator with the Office of Fire Prevention and Control (OFPC), part of the Division of Homeland Security and Emergency Services (DHSES).

"Chief Napolitano will continue to serve the City of Batavia until Friday July 9th. At such time an Interim Chief will be named. Please join me in congratulating him in his new role as a Deputy State Fire Administrator. "

City fire officers also congratulated the chief in a written statement, saying "Chief Napolitano has been an asset to the City Fire Department since being appointed in 2017. We wish him continued success and look forward to working with him in his new position."

Chief Napolitano is a Queens native who lived in the Mohawk Valley for about 45 of his 54 years.

Before coming to Batavia, Napolitano was deputy fire chief for the Village of Herkimer. While there, he assisted in development, revision and implementation of local disaster and emergency management plans, along with assisting in the county 9-1-1 dispatch communication center and the administration of the county’s mutual aid plan, mutual aid radio system and state fire training.

A Lake Street Road (Route 19) resident has come out against the proposed rezoning of seven parcels of land meant to expand the Le Roy Food & Tech Park, claiming that changing it from Residential to Industrial contradicts the Town of Le Roy’s Comprehensive Plan and will prevent him from “the intended use and enjoyment” of his property.

Eric Baines Jr., speaking at Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing, said that in November he bought what is known as the Olmsted Manor, a 2,900-square-foot colonial house that is near the 75-acre industrial park on Route 19 and Randall Road owned by the Genesee County Economic Development Center.

He said he did not favor a referral submitted to the planning board by the Town of Le Roy to rezone seven parcels totaling about 185 acres to possibly set the stage for a cheese manufacturer, specifically the Ohio-based Great Lakes Cheese, to build a $500 million plant on land adjacent to the park.

Reportedly, Great Lakes Cheese officials have contacted landowners with purchase offers to expand the park to meet the company’s needs.

“At the time when we did our research, the 2017 published Town Comprehensive Plan said that the current use map did not reflect Industrial zoning as well as the future map does not show Industrial zoning surrounding – they’re both Agricultural,” Raines said. “Given that both maps reflect that, we (he and his girlfriend) made the decision to buy this house.”

Looking to Upgrade the Property

Raines said that “use and enjoyment of our land (14 acres) will be jeopardized by this rezoning as we intend fix up the place.”

“This is an historical house, which we’re proud to own … in an historic district in Le Roy,” he said. “We wanted to grow our own food here and largely be independent. To say we are against the industrialization of the agricultural land behind this is not to just push it behind me and go somewhere else.

“We are opposed to it, in general, as to be reflected by the vegetable garden we put in almost immediately. If anybody goes by on Route 19, I am sure you have seen that the place has not been taken care of over the past 50 years, but it is now because we’re here.”

Raines said his plans for the property include recreational hunting, expanding his garden and putting up bat houses to keep the ecosystem healthy.

“This (rezoning and siting of the cheese factory) will trigger a laundry list of chain events that will prohibit any of what we hope to do,” he said.

Responding to a question from Planning Board Member Eric Biscaro, Raines said his property extends right to the line proposed for the cheese plant. He then brought up issues of smell and noise.

“For a $500 million plant, to say there won’t be noise (is not true),” he said. “The electromagnetic radiation alone coming from this plant is going be astronomical, and not something that we had any intention of being surrounded by.”

He said this action does not seem fair, believing that the comprehensive plan serves as a land use document governed by state law and is good through 2029.

Board Only Looking at Rezoning Referral

County Planning Director Felipe Oltramari said that last night’s referral only addresses the rezoning change, not the proposed cheese manufacturing plant.

“The planning board is only considering a rezoning request, which can be made with or without a project,” he said. “If it does get rezoned and a project does come to fruition, we will be reviewing all environmental impacts, including odor and noise, lighting, anything you may think of as part of that project, which would be a separate referral.”

Oltramari sought to clarify the zoning procedure, stating that the comprehensive plan and future land use maps serve as “guidance” but do not restrict municipalities or draw specific boundaries for rezoning.

“You have points that are definitely valid,” he said in response to Raines. “It’s just I wouldn’t go as far as saying that because that area is (zoned) Agriculture, that it should stay Agriculture until 2029. In theory, actually, the town board could amend the future land use plan … through a public process … before 2029 and completely overhaul the comprehensive plan in two years or something like that.”

Raines contended that neighbors who own a horse farm would be “stripped of their horse pasture if this goes through,” and mentioned that he heard talk of eminent domain, which is the right of a government or its agent to expropriate private property for public use, with payment of compensation.

He also said some of his other neighbors are against rezoning and the potential 480,000-square-foot manufacturing plant.

Masse: No Talk of Eminent Domain

Mark Masse, GCEDC senior vice president of Operations, quickly disputed the eminent domain claim, stating that the agency’s board of directors will not participate in that process.

“We have not done it, we have not proposed it, we have never brought it up, and we have never spoken about it,” he said.

Planning Board Member Bob Bennett, referring to eminent domain, noted that GCEDC won’t be the owners of the properties on track to be rezoned.

Contacted this morning, Le Roy Town Supervisor Jim Farnholz disputed the eminent domain claim – “a private entity can not move forward on eminent domain,” he said – and that to his knowledge, “there has been no resistance whatsoever from landowners who have been approached (by Great Lakes Cheese.”

“I know that some of the neighbors have sold significant property to Great Lakes Cheese and that the Falcone Funeral Home is no part of this since they operate under a special use permit in an R-2 zone,” he said. “In fact, changing to an I-2 zone would give him a sense of security for his business.”

Farnholz also mentioned that Raines has a 12-acre buffer behind his house “that is completely grown in, so he wouldn’t see the project” and that all odor, noise and wastewater issues have to meet New York State Department of Environmental Conservation standards.

Le Roy Planners to Meet on Tuesday

The supervisor said that the Le Roy Planning Board will address the issue next Tuesday and that the town board has scheduled a public hearing on the matter for July 8.

As far as the county planning board, it took no action as a motion to approve the rezoning referral died for a lack of second, and a subsequent motion for disapproval did not gain the necessary five votes.

Oltramari said it now goes back to the Town of Le Roy, which can act without a recommendation from county planners.

The planning department had recommended approval since the comprehensive plan adopted by the Town of Le Roy in 2017 identifies this area in its Future Land Use Plan as Agriculture and adjacent to Industrial. Thus, Oltramari wrote, it can be argued that rezoning the property to an industrial use that supports agriculture is consistent with the plan should pose no significant countywide or intercommunity impact.

Earlier in the meeting, Masse said his view was that the town was “trying to be proactive – trying to be ahead a little bit.”

“Obviously, our board approved a purchase and sale agreement for one business (BioWorks Inc., of Victor) at the Le Roy Food & Tech Park that’s existing there – to take 60 of the 75 acres. I think the town is seeing that hopefully will be successful and is trying to be proactive by rezoning some of the other parcels there to help grow that,” he said.

Prospective Company Talking to Landowners

Masse said GCEDC wouldn’t be purchasing the other parcels to be rezoned.

“At this point in time, the companies that have been interested in it have been talking – we put them directly in touch with the property owners,” he said.

He added that BioWorks would be looking at West Bergen Road and Route 19 as entrances and exits.

Bennett mentioned that if the cheese factory was to come in with 500 jobs, “that’s a lot of traffic to come out to West Bergen Road and Route 19.”

“If a company were to locate there, on those back parcels, they would probably come in off of (Route) 19 – that would be the main traffic,” Masse replied. “That would be a shared entrance for our park as well as those back parcels. And that’s going to be driven by the Department of Transportation as well, whether there would be any improvements required there or not.”

Masse said BioWorks is creating 30 jobs but has yet to apply for (tax) incentives.

“Their truck traffic would be like FedEx and UPS delivery trucks,” he said. “It wouldn’t be anything heavy, and from a water standpoint, that particular project plans on recycling all rainwater … and will have very little to no municipal use.”

He added that GCEDC is looking at different options to supply natural gas to the property.

Zoning map at top shows the current zoning, left, and the proposed zoning -- changing the parcels in yellow (Residential) to light purple (Industrial) next to the Le Roy Food & Tech Park.

The extrication process to remove the injured driver of a tanker truck this afternoon in Alexander was extensive and difficult, according to Tim Yaeger, Genesee County Emergency Services coordinator. The trucker was hauling 60,000 pounds of milk when it rolled over into a wet ditch filled with cattails.

Shortly before noon, Alexander Fire Department was dispatched to 11181 Chaddock Road in Alexander, between Spring Road and the Wyoming County line. The male driver remained conscious, alert and talking throughout but pinned in by the steering wheel, dashboard and a foot or more of earth that the semi-truck rammed into.

"They were both fighting against the vehicle that was damaged and pinning him, as well as working against the dirt where the truck ended up landing," Yaeger said.

The biggest obstacle was coming up with a plan.

"We train a lot for peeling away, and cutting away and spreading away metal. This was a little more complicated because he was trapped by earth as well as metal. So it was a difficulty and just time-consuming."

Asked if groundwater seeping into the cab posed a danger to the trapped driver, Yaeger said no, the concern here, as in any vehicle accident, was the hazard of fire.

He said a lot of equipment was called to the scene. The Alexander fire chief wanted to make sure they had all the resources they needed. More manpower was warranted because of the heat and humidity.

Mercy medics responded along with Attica and their extrication equipment, Bethany, Town of Batavia, Elba's rescue truck, the Department of Environmental Conservation, and the county Hazmat Spill Response Team. Stafford fire filled in at Alexander's fire hall.

It took more than an hour to extricate the driver, who was ​transported by Mercy EMS to ECMC. Although Mercy Flight landed in an adjacent cornfield to transport the patient, it was unable to do so because of a mechanical issue involving the equipment to secure the gurney; so the aircraft returned to the hangar.

He said the spill was significant and included oil and hydraulic fluid in addition to the milk in the tanker; no fuel was seen.

It is “fairly contained.”

A heavy rescue team will offload unspilt product onto another truck to facilitate uprighting the damaged vehicle.

The process will take a couple of hours, possibly up to four hours.

The accident occurred by a curve, but Yaeger could not speculate about what caused the accident, which is under investigation.

"Members and firefighters, medics from several agencies, along with law enforcement worked to get the patient out safely," Yaeger said. “It’s all hands on deck, we’re going to give everything that we could. And they did a fantastic job working as a team.”

Photos and audio of Tim Yaeger courtesy of Alecia Kaus / Video News Service.

Previously: Driver pinned in after rollover on Chaddock Road, Alexander

UPDATE: Reader-submitted photos.

A proposal by a Lovers Lane Road couple to construct a multiunit senior housing complex off Route 33 (Pearl Street Road) about 1.2 miles west of the City of Batavia limits is back in the news again – four and a half years after it was introduced to the Batavia Town Planning Board.

David and Katie Ficarella, owners of 120-plus acres in the vicinity of their home, said they have the financing in place to build the $17 million, 80-unit Hickory Ridge Estates.

“It’s been a long time coming,” David Ficarella said. “We have some good people on our team and I think it’s going to go very well.”

Ficarella’s team includes Lazarus Industries of Buffalo, the general contractor, and Schenne & Associates of East Aurora, the engineering firm.

The development will feature 40 duplex houses, each of about 1,500 square feet – including a one-car garage – with two bedrooms, two bathrooms and high-end fixtures and appliances. The site also will include a pond and various trees.

“We want to keep as much of the natural landscape as possible,” they said.

The units will be rented at a market rate to be determined.

The complex, open to residents age 55 and older, will sit on about 21 acres on the north side of Route 33, across from Donahue Road, and stretching west along the state highway.

In November 2016, David Ficarella approached town planners with the idea – at that time a 110-unit senior residential site to be developed in conjunction with Calamar Enterprises of Wheatfield. That plan fell through, however, and he is back with something he believes is solid and, once again, is anticipating the town’s support.

“We’re hoping to meet with the town very soon,” he said, noting that he will have to run the proposal by Genesee County and town planners. “We have talked about adding some roads and possibly having an extension of the Ellicott Trail run through the property. We definitely are looking for the town’s feedback.”

Batavia Town Engineer Steve Mountain said that Ficarella needs to provide more information prior to submitting an application. From there, his proposal would be considered by the planning boards.

“It would have to go through a State Environmental Quality Review and likely would need awarding of a special use permit or planned unit development,” Mountain said. “Since it is in an agricultural-residential district, it would be allowed with a special use permit.”

Ficarella said he is working with Lazarus Industries on a construction schedule, and would like to have the first building up by August to serve as a model home.

“I have heard from at least 10 people about renting there,” he said. “The goal is to have them rented before we put the buildings up.”

The rising cost of construction materials has forced him to change his strategy as far as what goes into the frame of the homes.

“We would have started earlier but there’s been a 300-percent increase in construction materials. We had to regroup and go to cold-formed steel, which wasn’t a bad thing. We redesigned the prints and it’s coming together,” he said.

So, instead of 2-by-4 lumber in the walls, contractors will be installing cold-formed steel.

“They make the steel right there in Buffalo. Even the rafters, trusses and all that will be steel. Other than that, it’s the same house,” David Ficarella said.

This would be the first phase of a three-phase plan, he said. The other two phases are putting a second (similar but smaller) development on 30 acres to the north of Hickory Ridge Estates and then developing another 30 acres for single-family homes onto the new Donahue Road to an extension off Edgewood Drive.

Edgewood Drive is part of the McWethy development between Route 33 and South Main Street Road. Currently, it dead-ends at the west end.

Asked if he thought that would create a traffic issue on Edgewood, he said that wouldn’t be the case.

“There just aren’t enough people in there (his senior complex),” he said. “It would be beneficial to Edgewood and residents of other streets in that development who could exit onto Route 33 to go to Corfu or Buffalo. And it would create another entrance for emergency vehicles into the development.”

He also said he has an option to purchase more land toward South Main Street and would like to see a road connecting with South Main Street.

The Ficarellas have contacted the Genesee County Economic Development Center to inquire about tax abatements. They said the project will create two full-time and three part-time positions and 200 temporary construction jobs, and would place no additional tax burden on the two school districts involved (Pembroke and City of Batavia).

As far as the Ellicott Trail is concerned, Genesee County Planning Director Felipe Oltramari said an extension would be feasible, following the National Grid right-of-way that starts near Angelica Textile Services on Apollo Drive in the city and would follow along the north side of Hickory Ridge Estates.

Top photo: Overhead view of the location of the proposed Hickory Ridge Estates (the area in brown above the words Pearl Street Road). Bottom photo: Cleared parcel that sits behind trees on the north side of Pearl Street Road, across from Donahue Road. 

Charles Edward Allis Jr., 23, of Garland Street, Lyndonville, is charged with fifth-degree arson and trespass. Following the initial call for a structure fire at 5:57 p.m. June 8 on Ham Road in Alabama, Allis was arrested. He allegedly entered property without permission and started a fire. He was released on an appearance ticket and is due in Alabama Town Court on July 20. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Tyler William Reeves, 23, of Main Road, Pembroke, is charged with second-degree criminal mischief. Reeves was arrested after an incident at 2:45 p.m. June 8 on Main Road in Pembroke. He was arraigned virtually in Bergen Town Court and released under supervision. He is due in Genesee County Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Sgt. Mathew Clor.

The reality that “once you’re in, you can never leave” has Le Roy Town and Village board members taking a cautious approach to any potential participation in the state’s new Marijuana Regulation & Taxation Act.

Officials from both governing bodies gathered with about a dozen residents at the Town Hall courtroom Monday night for what turned out to be a 30-minute discussion on the recently passed legislation that immediately permits the recreational use of marijuana for residents 21 years of age and older.

The MRTA also opens the door for retail dispensaries and onsite consumption spaces, which likely are a couple years away from implementation.

“Part of this that concerns me is that if you’re in, you’re in forever and you can’t opt out,” Le Roy Town Supervisor James Farnholz said. “But if you’re out, you can jump in if it’s working (elsewhere).”

The “opt in” and “opt out” terminology applies to cities, towns and villages who may or may not want to have pot stores or lounges within their borders. Opting in means that the municipality would be eligible for the tax revenue imposed by the state on marijuana sales; opting out could lead to a public referendum, which could overturn that decision.

In any event, the deadline to decide is Dec. 31 of this year. But with the state still trying to figure out all the rules and regulations attached to the law, many local governmental leaders seem to be in no hurry.

Le Roy Village Mayor Greg Rogers said he is part of that group.

“We’re going to take as much time as we can – right to the end of December – because we believe the landscape will change eight or nine times until then,” he said.

As previously reported on The Batavian, the state is establishing the Office of Cannabis Management & Marijuana Control Board, which will have an executive director and will be housed inside the New York State Liquor Authority.

The office will implement regulations for production, licensing, retail, packaging, labeling and use, with the first sales not expected until 2022 or early 2023.

Currently, 18 states plus the District of Columbia, the Northern Mariana Islands and Guam have legalized cannabis for adult use. Another 13 states and the U.S. Virgin Islands have decriminalized its use.

Farnholz said he doesn’t support a local law that would supersede the fact that marijuana is considered a Class One drug at the federal level.

“If you opt out, then down the road you can take some more time and see how it plays out in other communities. You then would have the opportunity to opt in or, in my opinion, if the federal government were to remove it as a Class One drug and it became legalized on a federal basis – to me that changes the discussion significantly,” he said.

He said the dispensary or consumption site can not be within 500 feet of a school or 200 feet from a place of worship, and that restriction – if not changed – would mean that Main Street in the village would be out due to the number of churches along Route 5.

In any event, Farnholz said the emphasis leading to a decision should be on what the law would mean to municipalities, not the morality of legalized marijuana.

“I don’t want to go down the road if legalized marijuana is good or bad,” he said. “We all have our opinions.”

Whiting said that municipalities are limited in what they can pass to just the two areas -- dispensaries or onsite consumption spaces.

“Other than that, the municipalities’ hands are tied and restricted,” he said.

Rogers said he is convinced that “somewhere in Genesee County, someone is going to sell it” but as far as Le Roy is concerned, he said the village board is going to discuss the possibility of a public referendum “to let the people decide if that is something that they want.”

A local law is subject to a permissive referendum, Whiting said, meaning that if 10 percent of the voters who last voted in the prior gubernatorial race sign a petition, there would have to be a referendum.

Several topics came up during the discussion, including the taxation schedule, drug impairment recognition, information from the state of Colorado, increased costs of public safety and federal law enforcement’s involvement.

Tax Revenue Split

Whiting pointed out that there is a 25/75 split between Genesee County and the municipality that allows the dispensary and the onsite spaces.

Specifically, the 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.

David Damico, a resident and school teacher, said he’s all for the tax revenue but is concerned because he’s around teenagers all the time.

“I do think that whatever we decide to do tonight, that those who want it will get it,” he said. “We’re almost within walking distance of multiple villages that might opt in, including the big one down the road (Batavia), which is much bigger than us. So, I’m not really sure that keeping it off the books here is going to deter anybody.”

Farnholz replied, “I’m not sure we’ve deterred anybody since 1975,” adding that he spent 30 years as an educator and shares Damico's concerns.

Rogers said that “as far as the taxation and revenue goes, I don’t think our boards should make a decision based on thinking they’re going to get a boatload of tax revenue … This is a bigger issue than that for the social aspect.”

Recognizing Those Impaired by Pot

Farnholz said that local judges he has spoken to have a “grave concern” over it because of the lack of standards in testing for impairment.

Whiting said courses are available for law enforcement personnel to learn to recognize and detect marijuana impairment but they’re very time consuming.

Town Councilperson John Armitage mentioned that it takes a full year to train a police officer to become a DRE (Drug Recognition Expert).

“Paying this officer overtime, bringing in extra manpower – it is astronomical – and we’re not talking one or two deputies … you would have to have multiple deputies trained in DRE,” he said. “And the amount of tax you think you’re going to get, you’re not going to get (due to increased expense incurred for public safety and related services).”

Stein on Colorado: Unintended Consequences

Rochelle Stein, Genesee County Legislature chair, advised the boards that the county has no authority in this legislation before providing information from Colorado, which is one of the states that have legalized cannabis.

“The cost to public safety in that state has risen due to the sale of marijuana and the cost of public safety will be borne by the taxpayers when those costs go up (here),” she said. “The mental health, the physical health – those costs have also risen in Colorado. Incidentally, they will also tell you that the black market of cannabis has benefited greatly in Colorado.

“If there are some lessons to be learned, I would suggest that we look at Colorado and to see their experiences there. I would absolutely welcome the opportunity to opt out, preserve whatever you can for the future. If I were in your shoes, that’s what would do.”

Armitage agreed with Stein, adding that before any decision is made, board members need to look at these other states.

“I will tell you that Colorado’s accident rate is up over 400 percent since legalization, and that costs have increased more than the revenue that has been taken in,” he said.

Public Safety Costs a Major Concern

Armitage compared the MRTA to the influx of casinos, which in many cases have led to increase crime and public safety budgets.

“This is one of the worst ideas I have seen the state come up with yet, especially when other states have done it and you can see their numbers – it just does not work,” he said.

Stein also brought up that the dogs used as K-9 officers and their handlers would have to be retrained, which is another expense.

Resident Nikki Calhoun said that putting on two or three more village police officers “would be a significant cost to the village and eventually that will have to be passed on (to the taxpayers).”

“And, of course, the village can’t respond to other towns and Genesee County has limited resources for the sheriff’s on this side of the county, so I think you’ll have more problems,” she said.

Feds’ Involvement in Question

Whiting said states will be on their own when it comes to enforcement.

“My guess is that enforcement of marijuana consumption by the federal government will be very few and far between,” he said. “I’m sure they’re going to interdict large quantities coming into this country, but my hunch is that U.S. attorneys’ offices are not looking to prosecute anyone for personal consumption of marijuana.”

Resident Jay Beaumont opined that ultimately the federal government will leave it up to the states, calling it “ludicrous” that the feds classify marijuana as a Class One drug.

He also said he sees many changes from New York State before the end-of-the-year deadline to opt in or opt out.

Will Communities be Lining Up to Opt In?

The point was brought up that other communities will opt in and benefit from the tax revenue.

Farnholz had a different take on the issue.

“Looking at other states, the fantasy from the governor’s office that this is a major economic boon to the municipalities is just that – a fantasy,” he said. “You’re not going to get the financial boon that you think you are from a (cash only) dispensary. Because quite frankly, people will grow their own or the black market flourishes incredibly to avoid paying the 25-, 35-or 40-percent tax.”

Beaumont asked if it could be put to a vote to see what the residents’ feeling toward it is.

“We could do it one of two ways,” Farnholz replied. “Someone could come forward with a permissive referendum, which would be binding, or we could … have a (nonbinding) vote to gauge the feeling of the community (as the town did with the ambulance a couple years ago).”

Whiting said he expects more details to be released on a regular basis, which “will give us a lot of these answers.”

Lynn Scarpa, 25, of Le Roy, was arrested June 4 after a five-car collision on North Main Street in the Village of Castile. Scarpa was driving a white 2004 Chevrolet Silverado southbound on North Main Street when her vehicle left the roadway, sideswiping a parked vehicle in front of the post office. Scarpa's vehicle continued southbound, striking a Ford work van from behind, which was also parked in front of the post office. Scarpa's vehicle pushed the work van into a Ford Fusion, which was parked in front of Carney's Market, which then struck a Toyota RAV4 that was parked in front of it. The Fusion was occupied and the occupant was transported by Castile Ambulance to the Wyoming County Community Hospital for treatment of minor injuries. A tow company removed two vehicles from the scene that were not drivable. It is alleged that Scarpa had concentrated cannabis in her pants pocket and throughout her vehicle. She allegedly performed poorly on field sobriety tests and was taken into custody, transported to the Wyoming County Sheriff's Office and evaluated by a Drug Recognition Expert. The expert reportedly deemed her impaired by multiple categories of drugs. She is charged with: driving while ability impaired by drugs; DWAI by the combined influence of drugs; and moving from lane unsafely. She was issued an appearance ticket and is due in Town of Castile Court on June 14. Scarpa was released to a sober third party. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

Michael Snyder, 49, is charged with second-degree harassment. He was arrested June 3 at 9:59 a.m. for an incident that occurred at 10:10 p.m. May 30 on Highland Park in Batavia. Snyder allegedly threw an unopened can of beer at another person, striking the person in the head. Snyder was processed, issued an appearance ticket and released. He is due in Batavia City Court June 22.

Kevin McCoy, 54, was arrested by Batavia Police Officer Peter Post and charged with second-degree harassment after a disturbance at 4:11 p.m. June 2 on East Main Street. It is alleged that McCoy struck a female during an argument. He was arraigned in Batavia City Court, released on his own recognizance and is due back in court June 10.

Eric Swede, 32, was arrested at 10:05 a.m. May 26 and charged with criminal contempt in the second degree after a complainant alleged he violated a stay away order of protection by being in the presence of a protected party. His presence was confirmed by police. Swede was issued an appearance ticket to be in Batavia City Court at a later date, then released from custody.

Brandon Crawford, 19, is charged with two counts of fourth-degree criminal mischief. He was arrested at 10:50 a.m. May 24 on Ross Street in the City of Batavia after he allegedly broke a front door and a closet door that did not belong to him during a domestic incident on Vine Street. Crawford was arraigned in city court and released on his own recognizance. He is due back in court July 8.

Michael Fisher, 51, is charged with: operating a motor vehicle without a license; driving while intoxicated with a BAC of .08 percent or more; driving without head lamps; drinking alcohol in a motor vehicle; and aggravated unlicensed operation in the third degree. At 10:33 p.m. on May 30, Fisher was arrested after a traffic stop on Ellicott Street in the city. He was issued an appearance ticket for Batavia City Court and released from custody.

Kyle John Gugel, 35, of Genesee Street, Le Roy, is charged with refusal to take a breath test and driving while intoxicated. At 1:52 a.m. on May 18, deputies conducted a traffic stop for speeding over 55 mph in the 5700 block of Clinton Street Road in the Town of Stafford. Gugel was allegedly operating the vehicle while intoxicated and he was issued appearance tickets returnable to Stafford Town Court June 1. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Nicholas Chamoun. 

Joanne Krutchen Harper, 56, of County Road 16, Dalton, is charged with petit larceny. She was arrested at 4:32 p.m. on June 3 after a police investigation into a larceny on Vallance Road in the Town of Le Roy May 30. She was issued appearance tickets and released from custody. Harper is due in Le Roy Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Jonathan Dimmig.

Lindsey Densmore, 26, was arrested May 31 and charged with petit larceny after an investigation into the theft of $166.38 worth of merchandise from a business in the City of Batavia at 4:20 p.m. that day. She was issued an appearance ticket and is due in Batavia City Court at a later date.

Tierance Davis, 34, was arrested May 26 on a bench warrant out of Batavia City Court for failing to appear in court on March 22. He was processed at Batavia Police Headquarters and released. Davis is due back in court June 15.

Tierance Davis, 34, is charged with third-degree bail jumping. He was arrested at 1 p.m. April 24 on West Main Street in Batavia on a warrant out of Batavia City Court. He was processed at Batavia Police Headquarters and released. Davis is due back in court June 15.