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A favorite in the quest for a permanent site for the Genesee Country Farmers’ Market has emerged, according to the treasurer of Downtown Batavia’s three-days-a-week venture.

Sharon Brent on Sunday said that market officials have been working with City Manager Rachael Tabelski to find a fixed location after having to move to the other side Alva Place to the former JC Penney parking lot this year.

“It looks as though the Angotti Beverage parking lot (south of School Street) is a possibility,” Brent said. “We’ve discussed other sites but for one reason or another, they’re not big enough or just won’t work.”

Brent said Austin Park also was considered but the parking lot isn’t suitable.

The market opened for the season last Friday and will operate on Tuesdays, Thursdays and Fridays through Oct. 29.

Hours are 9 a.m. to 4 p.m. on Tuesdays and Fridays, and 9 a.m. to 7 p.m. on Thursdays. The market offers fresh produce, baked goods, flowers and crafts, as well as beer and wine tastings, and food vending trucks.

Brent said 30 vendors are participating on Friday and that she is no longer taking applications for that day.

“We’re sold out on Friday,” she said. “Space is available on Tuesdays and Thursdays.”

Currently, three vendors are signed up for Tuesday, eight from 9-4 p.m. on Thursday, and 11 from 4-7 p.m. on Thursday, she said.

Food trucks will be on site from about 10 a.m. to 4 p.m.. on all three days, and picnic tables are available.

NEW MANAGER IS ON BOARD

“Eat fresh, buy local.”

That’s the mantra of Kathryn Cringoli, (photo at right), a resident of Batavia for the past 18 months, who was hired last month as the market’s new manager.

The Hilton native said she is eager to promote and expand the market to attract as many vendors and customers as possible, noting her passion for all things agriculture and fresh, locally grown products.

Cringoli has extensive education and experience in agriculture as she has a bachelor’s degree in Food Science and Sociology from San Diego State University and has worked as a caterer, bed & breakfast operator and at a hydroponic greenhouse in Hilton.

She also worked many years for the Rochester Red Wings at Frontier Field, and currently works part time at Tops Friendly Market in Batavia.

Cringoli said she moved to Batavia because her boyfriend is a student at the University of Buffalo Law School.

She said that 2020 was a very tough year for everyone, especially for farmers.

“A lot of them couldn’t unload their produce to the wholesalers or to the restaurants … so a lot of produce went to waste,” she said.

Cringoli said she hopes to get 4-H members and culinary students at Genesee Valley BOCES to participate at the market this summer, and emphasized that people getting SNAP (Supplemental Nutrition Assistance Program) benefits are eligible to buy fruits and vegetables there.

“I'm delighted for this new opportunity,” she said. “Eat fresh, buy local is what I am striving to instill into this community.”

Update from DEC, June 7:

While the spill is contained to the inlet with no impact on the lake, the contractor continues to skim diesel fuel from the surface of the water. DEC’s oversight of the cleanup efforts will continue until the cleanup is complete. 

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The New York State Department of Environmental Conservation is investigating a possible petroleum spill into the inlet on the west side of Horseshoe Lake in the Town of Stafford.

According to Jeff Wernick of the DEC press office in Albany, agency personnel on Saturday responded to a report of fumes and a spill, and immediately deployed containment booms, pads and a vacuum truck to skim diesel fuel from the surface of the water.

Crews from T&R Environmental of Painted Post are conducting the cleanup effort. Booms also have been set up in a ditch on nearby Seven Springs Road, not far from the intersection of Clinton Street Road in the Town of Batavia.

“The spill is currently contained and DEC’s oversight of the cleanup efforts will continue until the cleanup is complete,” Wernick said. “DEC’s investigation into the cause and amount of the spill is ongoing.”

Photo at top: View from Horseshoe Lake Road near the entrance of West Lake Road of the environmental remediation underway in response to a chemical spill; bottom, containment booms in a ditch on Seven Springs Road. Photos by Mike Pettinella.

The properties of the Mancuso Business Development Group on Harvester Avenue and Masse Place have been sold to a New Jersey-based company.

The Batavian has learned that a venture headed by the father-son team of John F. Wachter Jr. and John F. Wachter III has purchased The Harvester Center Business Incubator Center at 56 Harvester Ave., the Joseph Mancuso Building at 26 Harvester Ave., and two Masse Place facilities.

Currently, there are around 70 tenants in the buildings – businesses, storage areas and personal use spaces.

On Saturday, MBDG President B. Thomas Mancuso sent a letter to tenants, confirming the sale:

“I am excited and grateful to announce that the Wachter family has purchased the Harvester Center and will be a force driving the success and progress into the future. You will hear directly from them and their plans in the very near future.

“As the Harvester Center moves into the next phase of its service to our community’s economic well-being, I want to thank you for your presence and ongoing efforts to succeed here. My father, Joseph L. Mancuso, spent decades of his life helping people start and grow businesses of all sorts and sizes.

“We are pleased to know that the new owners have a track record for helping companies improve their performance and now they are bringing their energy to Batavia.”

Credited as the world’s first business incubator, The Harvester Center BIC is a mixed-use industrial building that was founded by Joseph L. Mancuso in August 1959. The concept behind the development was to create a building that would attract various types of small, emerging and established businesses and afford those businesses an opportunity to grow.

Today, the company’s four-parcel complex contains about 960,000 square feet of industrial and commercial buildings on 29 acres. More than 3,000 businesses have been housed at the Harvester Center BIC since 1959.

The Mancuso Business Development Group also manages companies in Lockport and Buffalo.

About four years ago, VIP Structures of Syracuse – a development, architectural and engineering firm – assisted Mancuso Business Development Group and Batavia Development Corp. with a property condition report and preliminary design.

That led to a feasibility study and drafting of a Master plan for a mixed-use space to further the Batavia Opportunity Area and the City of Batavia’s vision of a redeveloped and revitalized Harvester Center BIC.

According to the VIP Structures website, the study was done “to advance the redevelopment goals set in the BOA plan. These include: to improve parking, vehicular and pedestrian/bike circulation, open up space and right size the facility while maintaining character, encourage a mix of uses including loft housing, and take advantage of rail access.”

The BDC’s annual report covering 2016-17 listed two favorable options:

(1) Live-Work Redevelopment: Demolish obsolete, deteriorating buildings, reinvent innovation zones, introduce new creative retail spaces, add mixed-income loft housing flanked by creative courtyards;

(2) Multi-Tenant Warehouse: Build a new 100,000-plus-square-foot building that will meet modern day requirements for today’s industrial tenants.

City of Batavia Manager Rachael Tabelski on Saturday said the site is a "major hub for employment and has so much potential."

"I have personally worked with the previous owner of the campus for many years in hopes of redevelopment of this brownfield historical campus and am in awe of the sheer dedication and perseverance of Tom Mancuso to keep this campus going throughout the years. I wish him all the best in his future pursuits," she said.

Tabelski said that a feasibility study conducted by the city and BDC has spurred different projects on the Harvester campus over the years, including the Masse Place redevelopment through a Restore New York Grant, designating the campus as a Brownfield Opportunity Area site through the New York State Department of State, a feasibility study for redevelopment funded by Empire State Development, as well as the designation of the campus in a federally recognized Opportunity Zone.

"I can’t wait to learn what the new ownership will do to revitalize the historic campus, and look forward to meeting with the new ownership in the near future," she said.

Photo: The Harvester Center buildings on Harvester Avenue.

The project manager of the New York State Downtown Revitalization Initiative’s renovation and redevelopment of the historic building at 99 Main St. said a new façade should be up by August following the removal of the original frontage this afternoon.

“I talked to the contractor today and he said that they will begin framing the wall on Monday or Tuesday of next week and then do the brick work,” said Todd Audsley of the Batavia-based smartDESIGN architecture. “It will probably be put back together in four to six weeks.”

Audsley said the new façade will be a frame wall with a brick veneer and will look similar to the old one.

“The new façade will be very much like it was but better construction, insulation, better windows, and new construction technology,” he said. “It’s kind of a facelift for the building, and just a better job of what was there.”

He said the building, erected in 1865, had some issues that needed correcting but the original façade, while not damaged, was worn out.

“The windows were shot. There was no insulation in the wall. The brick was fine but there were concrete sills and headers over those windows,” he said. “There had been some rock and water damage over the past 70 to 80 years. It was just time.”

The $1.1 million project includes renovation of all three floors of the 7,500-square-foot building. A dental practice operated by Kumar Neppalli, D.D.S., is on the first floor and the second floor is being developed for commercial office space. The third floor will include two two-bedroom market-rate apartments.

Audsley said the entire project will go on for several months.

Photo by Howard Owens.

Failure to report an injury in a timely fashion is the basis for a decision by the Appellate Division of a State Supreme Court to disallow a claim by City of Batavia Fire Chief Stefano Napolitano for workers’ compensation stemming from a work-related slip and fall in December 2018.

In a four-page ruling handed down last week, the Supreme Court, Appellate Division, Third Department agreed with the Workers’ Compensation Board that since Napolitano waited until after 30 days had elapsed to report the injury, his claim for benefits was invalid.

According to the ruling, the chief waited until April 2019 to file his claim as he contended the injury to his right knee became “progressively worse” as time went on.

Workers' Compensation Law §18 requires that a claimant seeking workers' compensation benefits must provide written notice of an injury within 30 days after the accident causing such injury. 

The Appellate Court’s decision indicates that Napolitano “admittedly neither reported the incident to the employer nor sought medical treatment for approximately four months – opting instead to just ‘muscle through’ it by self-diagnosing and self-medicating his injury … until he reached the point where ‘the pain just would not subside.’ ”

Napolitano declined to comment on the matter.

While more of a “behind the scenes” aspect of municipal government, a Code of Ethics and Annual Financial Disclosure Statement are essential in educating public employees and public servants of expected standards of conduct and potential conflicts of interest.

The Genesee County Legislature’s Ways & Means Committee this afternoon, following the lead of County Attorney Kevin Earl, took a step toward unifying its Code of Ethics by setting a public hearing on Local Law Introductory No. 2, Year 2021, to repeal and replace the county’s current Ethics and Disclosure Law.

The public hearing is scheduled for 5:30 p.m. June 23 during a meeting of the full legislature at the Old County Courthouse.

Earl said this measure is being taken not because the current Code of Ethics is inadequate but to merge the various aspects of the code into one document.

“Currently, the Ethics Law and the Annual Financial Disclosure Statement came about in a Local Law in 1990,” Earl said. “The Local Law was amended two times by other Local Laws (in 1991 and 1992), so one of the problems is that when you want to find out what’s current, you have to toggle – go back and forth – between three Local Laws, which makes it difficult.

“So, the main purpose of this is to put everything in one Local Law; everything is right there and you can see everything in one place.”

Earl said that he updated some of the language in the code and disclosure statement, basing the county document on the New York State Comptroller’s Office model ethics code.

“We almost quoted it word for word – except for items that apply specifically to Genesee County,” he said.

According to General Municipal Law, officers and employees of a municipality are prohibited from having certain conflicts of interest, and each municipality is required to adopt a Code of Ethics covering disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other applicable standards.

The Genesee County Code of Ethics and Annual Financial Disclosure Statement, which must be filled out annually by designated county employees and members of specific boards and committees. Approximately 125 people currently are required to adhere to the code and submit the financial statement.

Sections of the updated document include:

• Repeal and Replace. Local Law Introductory No. 2, Year 2021, would repeal and replace the original code and the ensuing amendments;

• Code of Ethics. This is the section that spells out requirements for county employees and appointees, and includes: term definitions; applicability; prohibition of using a municipal position for personal or private gain; disclosure of potential conflict of interest; procedure for recusal or abstention; investments and/or private employment in conflict with official duties; future employment; personal representation; use of municipal resources; interest in contracts; nepotism; confidential information and gifts.

• Board of Ethics. This defines the committee that is appointed by the County Legislature and will render advisory opinions to officers and employees with respect to the General Municipal Law governing any Code of Ethics.

• Financial Disclosure and Annual Statements of Disclosure. This section defines the terms used and reporting categories along with the procedures and key dates for filing the annual statements with the Clerk of the Legislature.

• Whistleblower Protections. This part indicates the county’s prohibition of illegal or unethical activity, and safeguards any employee who reports such activity from being discharged, discriminated against or from being subject to retaliation.

• Penalties. Anyone making false statements can be fined, disciplined or discharged from their duties, but an appeals process that brings in the Board of Ethics is in place.

• Effective Date. The new Local Law shall take effect upon proper filing with the Office of the Secretary of State.

In another development, County Manager Matt Landers reported that the county has received the first half of its $11.1 million allocation from the American Rescue Plan Act.

The exact total going into the county coffers is $5,562,984.50. The second half will be distributed in 12 months.

Previously: Landers outlines four areas to use ARPA funds, says plan to spend $11.1 million is on the drawing board

An Alexander Central School eighth-grader’s design promoting agriculture and the people who work to get crops from the field to the table received the most votes in the Genesee County Flag Contest conducted by the county planning department.

Riley Wall, (photo at left), a student in Karen LaDuke’s art class, created a flag that shows a healthy ear of corn supported by two different color hands in a tapestry of blue sky and green fields.

Her entry edged out four other finalists in the children’s contest that had citizens vote on the Genesee 2050 website in March and April.

Riley, 13, said she participated in the project as a class after it was suggested by her teacher.

"I think I came up with the design just because I knew that as a county we are very toward agriculture and being part of a community. So, that's why I included a piece of corn and the diversity of it," she said.

She said it took her one or two days to complete the work, with the design in her initial thought process continuing through the finished product.

County Planning Director Felipe Oltramari said Riley’s flag is worthy in that it recognizes the value of farming, Genesee County’s No. 1 industry.

“It represents our agricultural base and symbolizes the importance of farmers, local food and also the diversity of our farming community,” he said.

The winning flag will be flown on June 14 – Flag Day – at the Genesee County Courts Facility as the county flag for a day, Oltramari said.

“We’re still finalizing plans but it looks like there will be a commendation -- with the flag flying at the Courts Facility Building -- and a ceremony outside, either before or after the legislature’s Public Service Committee meeting,” he said, adding that Riley and her family will be invited to attend.

Riley said she is looking forward to the event.

"I think this will be a really good experience for me," she said, adding that the outcome of the contest has inspired to take art more seriously. "When I was younger, I used to draw a lot. Now, I don't draw as much but I think that since I did this thing, I think I'm going to start getting more into it."

Oltramari said he is working with a flag company to make sure it is ready by June 14.

As far as the adult contest to determine the new county flag is concerned, Oltramari said he is waiting on the legislature, which is taking a close look at the five designs deemed as finalists.

Oltramari said his research indicates that all New York State counties, except for Livingston, have the county seal on their flags. He said the reason for that is because if it didn’t have the county seal, people wouldn’t be able to identify it.

While Genesee County leaders place conserving water at the top of the priority list, they also are looking at water storage as another step to making sure the supply is able to meet the demand during those extremely hot summer days.

County Engineer Tim Hens reported to legislators Tuesday that water storage does help with peak day requirements and pointed to several corresponding actions currently taking place.

“The addition of the new 750,000-gallon tank in Elba will be beneficial for the entire system as it comes online this summer,” Hens said. “Additionally, large industries in Genesee County are looking to add onsite tanks at their facilities that will allow them to adjust their heavy pumping during peak periods.”

Hens said that he has been talking to CPL (Clark Patterson Lee) engineers about advancing some tanks/storage from Phase 3 of the County Water Project to Phase 2 (which is happening now) as quicker ways to deal with peak day demands.

The Monroe County Water Authority also is moving ahead on a project to build a ground storage tank in Pavilion along Walker Road at the old Village of Le Roy water treatment plant that will provide 700,000 gallons per day, he said.

“There is an opportunity for the county to participate and upsize this tank to 1.5 million gallons,” Hens said. “The county share to do this would be about $400,000 which I feel is a great deal and is something the water fund could easily handle.”

Hens said that MCWA also plans to adjust the hydraulic grade zones south of Le Roy and in the Village of Le Roy to be on the same … zone that feeds much of the “center” of the county.

“This would allow the new Pavilion tank to coordinate directly with the Temperance Hill (situated west of Stafford, close to Fargo Road Pioneer Cemetery) tanks,” he said.

Hens said that the county is willing to pursue this arrangement, adding that he expects this tank to be completed by the end of next summer.

Last week, county, City and Town of Batavia, Village of Oakfield, Village of Elba and county Health Department officials issued a bulletin asking residents to do their part to conserve water this summer.

Reasoning behind the request is that, despite county efforts to increase the supply, “rapid increases in residential district growth and increased agribusiness and industrial use” have resulted in demand outpacing supply improvements during the summer months.

Officials said that if voluntary conservation measures are unsuccessful, mandatory water conservation may have to be enforced. 

Hens said that the county is taking steps to save water by reducing or eliminating flushing on peak days, better communication on water storage tank levels and coordinating with contractors filling new water mains.

After weathering the storm known as the COVID-19 pandemic, the director of Mental Health & Community Services for Genesee County is placing a high priority on ending the locum method of providing psychiatric services to those in need.

Lynda Battaglia, speaking at today’s Genesee County Legislature Human Services Committee at the Old County Courthouse, said that in a perfect world, the county would have its own psychiatrist on the payroll.

“Ultimately, having a full-time psychiatry position instead of a locum (would be best),” Battaglia said. “We would have to find the money.”

A locum is defined as someone who fulfills the duties of another when absent or, as in the case of Genesee County Mental Health, when the agency is short-staffed.

Battaglia, during her yearly department review, reported that she can see both sides of an argument for and against a full-time psychiatrist, but finds more benefits than drawbacks.

“One benefit is continuum of care,” she said, noting that having the same doctor on site provides for consistent and continual treatment. “Whether it’s telehealth (remote), in person or a combination, having the same doctor five days a week (makes a difference).”

Her office, which consists of 65 employees, including 40 clinical staff, has used locum services to assist with psychiatric care.

She said the “pros” are working with an agency “that has been essential in making sure we are satisfied with our services” while the “cons” include the fact that sometimes the doctor is not a good fit, which forces a change and makes it more difficult for clients.

“We are on our third locum now,” she said. “Ideally, we should hire a full-time psychiatrist as a county employee to allow for stability within the agency and for the clients. This will be a goal for the upcoming year.”

When asked if other nearby counties had a full-time psychiatrist, she said some do and some mirror Genesee’s approach. She wasn’t sure about the annual salary, but speculated that it would exceed $100,000 with benefits.

Battaglia said the issue has been brought up to the Mental Health Community Services Board but has yet to be formally presented.

On other fronts, Battaglia reported the following:

• Clinical caseloads have reached 90 to 100 per therapist, an all-time high, but this is consistent with other counties in the state,” she said. Employees monitor their clients’ needs on a regular basis and close out cases as appropriate. “We are meeting the demand; however, this kind of pace leads to burnout,” she said. As of the end of March, the department was serving more than 1,700 clients – with a recent increase of almost 100 per month.

• Genesee County Mental Health is planning to open satellite offices at Oakfield-Alabama and Le Roy schools, bringing the total of schools to four and “more are in the works,” she said.

• The department will continue its collaboration with all Genesee County police agencies, with goals of creating a law enforcement mental health referral system, to provide additional training and to apply for a mobile access program (utilizing an iPad for mental health crisis response with police on site).

• For 2021, the department has reached 40 percent of its budgeted goal of 18,250 units of service, about 7 percent more than anticipated at this time of the year. She also reported that the state has restored $70,859 in funding to the department that originally was withheld in 2020 due to projections stemming from the coronavirus pandemic.

• Calling the past year as one of “unchartered waters which created feelings of anxiety, fear and worry,” she thanked her staff for pushing through to deliver services without any stoppage. “We were not immune to the anxiety and fears that the pandemic produced, but knowing the essential service we provided, we became resilient, creative and embraced the telehealth wave which kept us connected,” she said. She singled out Lynnell Schreiber, recently hired as an administrative officer, for helping to keep the department on track.

People on both sides of the solar fence – farmers who have signed on to lease their land and labor union representatives who are for it and longtime residents who are against it – expressed their views this afternoon at a public statement hearing on the application of Excelsior Energy Center LLC to construct the 280-megawatt, 1,600-acre Excelsior Energy Center in the Town of Byron.

The one-hour hearing took place via www.webex.com, with the audio livestreamed on YouTube.

A second hearing is scheduled for 6 o’clock tonight. Information needed to access the session can be found at the end of this story.

Administrative Law Judges Gregg Sayre of the Department of Public Service and Molly McBride of the Department of Environmental Conservation presided over the hearing, which allowed for brief statements (longer statements could be submitted via email or mail) but no question-and-answer period.

Sayre said that all comments in all forms will be considered by the New York State Board on Electric Generation Siting and the Environment (siting board) as it decides whether to allow the project to go forward.

The Byron Town Board already has indicated its support for the project, emphasizing that Excelsior Energy has committed to payments totaling $24 million to the municipality over a 20-year period.

A citizen-led organization known as Byron Association Against Solar, which includes Town Councilman Eric Zuber, has been outspoken in its opposition of the venture – citing disruption of the rural character of the community and the use of prime farmland.

The project also includes a 20-megawatt, four-hour duration energy storage system. Components would consist of solar arrays, access roads, buried and possibly overhead electric collection lines, energy storage and electrical interconnection facilities.

According to the siting board filing, additional facilities would consist of a new collection substation and 345-kilovolt switchyard, which would connect to the New York State grid and would be transferred to the New York Power Authority to own, maintain and operate.

Participating local landowners include Legacy Lands LLC; Brooke-Lea LLC; Call Lands; Lea-View Farms LLC; Richard Colby; L-Brooke Farms LLC; John Starowitz; Leo Starowitz Jr.; Star Growers Land LLC; John Starowitz and Andrew Starowitz; John Sackett Jr. and Charles Sackett; CY Properties LLC; and Call Lands Partnership.

Following is a summary of today’s public statement hearing:

Debra Buck-Leaton
Byron Town Clerk and owner of Lea-View Farms Inc.

Buck-Leaton contended that the solar project will provide many advantages to “our farming business and the community.”

She said that her family farm has been in operation since 1929, being passed down through three generations, and “has always prided ourselves in being good stewards of our land – preserving it for future generations.”

She said increased costs of farming are overwhelming and have led to insecurity.

“Many people have said that we are giving up prime farmland. Everyone needs to keep in mind that prime farmland is and can only be considered prime farmland if it is able to be farmed. If we can’t afford to farm the land, it can only be considered vacant land.”

She noted that revenue from NextEra (Excelsior Energy) will enable her family to make needed repairs to their buildings and equipment, and will enable the Town of Byron to “afford things that we never could have imagined.”

“With good leadership, the town will be able to be good stewards of our small town well into the future,” she said, adding that the local farmers involved with Excelsior Energy are committed to staying in the town and helping the community in the future.

James Vincent
Retired president/CEO of L-Brooke Farms and associated companies

Vincent said L-Brooke Farms has grown from 500 acres to 7,500 acres in his 55 years, covering land in six counties.

He said the company is an advocate “of green energy, integrated technology and the many advantages that the Excelsior Solar Project represents – not just because of having some of our lands involved in the solar leases, but what a dynamic and steady income stream means to our farm business model.”

He called these times as “unprecedented and challenging” for farmers, the town, school district and Genesee County” and for the economy and rural lifestyle.

Vincent said his operation pays more than $200,000 a year in local and school taxes … “but basing it on real estate taxation puts us in an unfavorable competitive position.”

“The community will benefit from this project, providing benefits that translate into less tax burden to agriculture -- the host benefit packages and the PILOT* agreement that are incorporated in it,” he said. “The importance of having solar for agriculture and associated services furthers our history of success in having diversity for our farm business.”

He said that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide opportunity for future generations.”

Vincent Albanese
New York State Laborers’ International Union of North America

Speaking on behalf of 40,000 men and women in New York who are members of the affiliated local union of LIUNA, Albanese said the union “would like to strongly encourage the swift approval of the Excelsior Solar Project as it pertains to these Article 10 (state law) proceedings.”

He said the union’s interest is two-fold – (1) the well-being of its members and ensuring that any project has a commitment to using local union workers and (2) that any project pertaining to the replacement of traditional fossil fuel jobs is being built in New York with New York local union workforce.

Albanese said NextEra has committed to using local union workers.

Barbie Starowitz
Star Growers

Starowitz, a longtime Byron resident, said that since 1932, her family has always wished to grow and maintain the land for generations to come.

“Excelsior Energy Center will not only support our farm for future generations … but will also provide new local revenue, new local jobs for our community and continue to provide us with the opportunity to support other farmers in our area,” she said. “Farm communities are stronger when we work together and we will continue to support activities pursued by others in our community, on our land.”

Starowitz said that Excelsior Energy Center will pump $37.4 million to the town, Byron-Bergen Central School District and Genesee County, and create 290 full-time equivalent jobs during construction, with 90 percent of those local workers.

She said diversification is essential to the survival of farmers, who depend on the weather to yield strong crops. She said that solar will provide a steady stream of income while not removing the land from potential future agricultural use.

Starowitz also commended Excelsior Energy Center for being available to the community throughout the process to provide “valuable information” and to answer questions. She said the entire Byron community of 2,300 people will benefit from the project.

Richard Colby
Landowner

Colby, who said as a young man he worked the land that has been offered for the project, emphasized the changing use of land and decrease in crop variety over years, especially in the Town of Byron.

“One thing that the solar will bring is jobs – well-paying jobs and added value to the community,” he said.

As far as the downside, Colby said it’s just the opposite as the land won’t produce noxious smells, won’t create a lot of traffic, won’t use chemicals or rely on fossil fuels, isn’t illegal, and won’t lower the real estate values.

On the contrary, he sees home values increasing as more money comes into the community.

Colby said only about half of his property will be covered by solar panels, and he is looking for other ways to diversify crops on the remaining land.

He said he sees the solar project as a complementary land use, not as a negative use.

Carmen Serrett Jr.
President of Laborers’ Union Local #435, Rochester

Representing about 600 working members, Serrett said union employees have been hampered over the last year due to COVID-19 and looks forward to high-paying projects such.

“It’s very important that local people are working on these projects as they earn their money, they spend money locally and are boosting each local economy,” he said, adding that he would like to see it move forward as quickly as possible.

Michael Bader
Business Manager, International Brotherhood of Electrical Workers Local Union #86

Bader said he represents 1,000 electricians, some of them in Genesee County, who support the project as it helps the state meet its clean energy goals and will create “good-paying careers for my members and other members of the local building trades.”

He also said it will create job-training opportunities for apprenticeships and, after construction, some long-term jobs for local people, such as mowing, plowing and maintenance.

Richard Glazier
Longtime Byron resident

Glazier said he is opposed as the panels would be placed on “mostly class one farmland, some of the best land in New York State.”

He said that droughts have pushed prices for corn and soybeans much higher, emphasizing the need to preserve good farmland.

Glazier suggested placing the panels on less valuable land, offering that renewable energy sources aren’t as desirable “as an adequate and affordable food supply.”

The panels also will cause “visual pollution” in the community, he said, and the size of the project in the small town will have a negative impact on the quality of life in the Town of Byron.

“It will never quite be the same,” he said.

He said he couldn’t fault the landowners for accepting Excelsior Energy’s offer. However, he said the Town Board is “enamored with the size of the payment in lieu of taxes” and said these projects are only available because they’re already being subsidized by the taxpayers of New York State.

Glazier also spoke about toxic chemicals in the panels and said that public sessions over the past months via Zoom were not adequate in providing information to all town residents; many of them who do not have internet access.

Jim Lamkin
Longtime Byron resident, BAAS representative

A 70-year resident of Byron, Lamkin has spoken out against the project “going on some of the best prime farmland in New York State” from the beginning.

He called BAAS a grassroots organization of longtime residents and business owners formed to prevent or limit the size of the Excelsior Energy solar system.

“We are not against solar energy but we are concerned that the placement of the solar panels is very close to residences and we are further concerned with the use of prime farmland,” he said.

Lamkin also said BAAS is “concerned that the solar project will disrupt the current and future productivity of the land, lower surrounding home and land values, will be an intrusive eyesore for the residents, and will have targeted and ripple effects in the surrounding agriculture-based economy.”

He mentioned that in December 2019, a survey was sent to about 900 Byron residents and 350 of them came back opposing the project.

He also said the applicant has failed to produce a plan that shows adequate screening of the solar arrays from residents’ views and is concerned about the potential long-term contamination of the soil.

Finally, Lamkin said the project is in “direct conflict” with the Town of Byron’s Comprehensive Plan that states that “maintaining the rural character is the most crucial factor,” along with preserving the agricultural base land and farms.

PUBLIC HEARING TONIGHT AT 6'OCLOCK

Electronic Access: www.webex.com;
Event Number: 129 881 6364
Password: June 1-6 p.m.
Phone-Only Access: (518) 549-0500
Access Code: 129 881 6364

OTHER WAYS TO COMMENT

All comments must refer to Case: 19-F-0299
Email: secretary@dps.ny.gov
Mail: Hon. Michelle L. Phillips, Secretary, NYS Board on Electric Generation Siting and the Environment. Three Empire State Plaza, Albany, NY 12223-1350
Phone: 1-800-335-2120
Electronic: www.dps.ny.gov - Click on "Search" at the top of the page; then enter 19-F-0299 into the "Search by Case Number" field; click on the "Post Comments" box at the top right of the page, enter comments and submit.

*Payment In Lieu Of Taxes

Haley Christine Keyser, 35, of Strasbourg Drive, Cheektowaga, is charged with aggravated harassment -- physical contact due to race, and disorderly conduct. Following a complaint at Six Flags Darien Lake at 5:28 p.m. May 30, Keyser was arrested. She allegedly subjected a victim to physical harm, yelled obscenities and racial slurs in a public place. She was released on an appearance ticket and is due in Darien Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested at 6:35 p.m. May 29 after a disturbance on East Main Street in the Town of Byron. Zon was arraigned in Town of Stafford Court and put in Genesee County Jail in lieu of $2,500 cash, $5,000 bond, or $15,000 partially secured bond. Zon is due in Genesee County Court on June 28. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Tevin Bloom, 27, is charged with criminal obstruction of breathing, second-degree harassment and criminal mischief. At 9 p.m. on May 20, Bloom was arrested after an investigation into a domestic incident where Bloom was allegedly involved in a physical altercation. He allegedly damaged property inside the victim's apartment. He was arraigned in Batavia City Court and is due there June 23.

Dustin Wilcox, 36, was arrested on May 20 by Batavia Police Officer Peter Post and charged with disorderly conduct. It is alleged that he was involved in a fight on Washington Avenue. He was issued an appearance ticket to be in Batavia City Court today (June 1).

Lawrence Boone, 30, was arrested outside a Batavia residence after being located by police May 20; he is charged with disorderly conduct. It is alleged that he physically fought another male in the street. Boone was due in Batavia City Court on May 25.

Rachel Baehr, 34, was arrested May 21 and charged with second-degree harassment and endangering the welfare of a child. At 2:57 p.m. May 14 on Oak Street, it is alleged Baehr was involved in a physical altercation during a domestic incident. She was issued an appearance ticket for a future date in Batavia City Court.

Kevin Thomas, 32, turned himself in on numerous active warrants May 18 and was arraigned in Batavia City Court. He is charged with burglary in the second degree, criminal contempt in the second degree, criminal mischief in the fourth degree, criminal mischief in the third degree; endangering the welfare of a child; and first-degree criminal contempt. The charges stem from a domestic incident that occurred May 4 on Walnut Street. Bail was set at $1 and Thomas is due back in court June 22.

Ray Spencer-Lindqui Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with second-degree menacing. On May 28 at 3:45 a.m., the dispatch center received a report of a domestic incident involving a knife on Bloomingdale Road in Alabama. An investigation at the scene allegedly revealed the defendant possessed a knife, which caused the victim to fear being injured. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Michael Lute.

Ernest Jerome Heineman, 40, of Old Creek Road, Alexander, is charged with aggravated harassment in the second-degree. At 3 a.m. on May 30, Heineman was arrested for an incident that occurred at 7:30 p.m. May 1 on Old Creek Road. It is alleged that he sent threatening text messages to a person, causing them to fear for their safety. He was arraigned in Alexander Town Court and he was served with an order of protection. He is due in Genesee County Court July 13. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Stephanie Lynn Salcido, 31, of Walden Creek Drive, Batavia, is charged with: driving while intoxicated; driving while ability impaired by the combined influence of drugs and alcohol; driving a motor vehicle on a sidewalk; failure to stop at a stop sign; and failure to keep right. At 11 p.m. on May 30, Salcido was arrested on the charges. She was issued appearance tickets and is due in Batavia City Court on June 16. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Zachari Morgan, 25, is charged with second-degree assault and criminal possession of a weapon in the third degree. He was arrested May 26 at DeWitt Recreation Area after he allegedly threw a rock at another person, striking them in the head during an altercation. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Then on May 27, Morgan was arrested and charged with third-degree assault and endangering the welfare of a child. It is alleged that at 5:11 p.m. on May 25, Morgan slapped and threw a person to the ground, causing injury, during a domestic incident at DeWitt Recreation Area. He was arraigned in city court and released on his own recognizance. Morgan is due back in court July 8.

Modesto Domingo-Cardenas, 27, is charged with unlawful imprisonment in the second degree and harassment in the second degree. He was arrested after a domestic incident at 1:15 p.m. May 25 on Pearl Street in Batavia. It is alleged that he slapped a person and then attempted to prevent them from leaving the residence. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in court July 1.

Thomas Martin, 80, is charged with third-degree menacing following a dispute at 5:04 p.m. May 26 on McKinley Avenue. Martin allegedly threatened another male. He was issued an appearance ticket for June 1 in Batavia City Court.

Eric Gant Jemison, 48, of West Center Street, Medina, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; operating a motor vehicle without stop lights. At 9:05 p.m. on May 28, Jemison was arrested after deputies responded to Judge Road in Alabama for a complaint of a vehicle that struck a stop sign and drove away. Deputies located the vehicle a short time later. Jemison was released with appearance tickets for June 8 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower. 

Timothy James Passage, 37, of Squire Court, Amherst, is charged with possession of a forged instrument in the first degree. At 12:22 p.m. on May 28, Passage was arrested on a warrant out of Town of Pembroke Court. He allegedly passed a fake U.S. $20 bill while at Tim Hortons in Pembroke. He was transported to Genesee County Jail to be arraigned virtually. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Chad Cummings.

Joseph Freeman, 38, and Lynn Homer, 48, were arrested on warrants out of Batavia City Court at 3:38 p.m. April 28. It is alleged that they stole while together at a local business. They were arraigned in city court then released under supervision of Genesee Justice. Freeman is due back in court June 23; Homer is due back in court June 24. 

Kyle Shea, 26, was arrested May 20 on a warrant out of Batavia City Court for failure to appear after appearance tickets were served. It is alleged that Shea was driving a motor vehicle on Aug. 9 on Willow Street while his driver's license was suspended and so was the vehicle's registration. Shea turned himself in, was arraigned in city court, and the matter was resolved by plea. No further court proceedings are pending.

Paul Schwartzmeyer, 42, was arrested and charged with having a dog running at large. It is alleged that at 8:05 p.m. May 18 at an apartment complex parking lot, Schwartzmeyer allowed his dog to run at large and it attacked another dog. He was issued an appearance ticket to be in Batavia City Court on June 15.

Press release:

On May 31st at 3:51 p.m., the Batavia Police were dispatched to Otis Street for the report of a 6-year old female who had been struck by a vehicle. Upon patrols arriving on the scene, the child was conscious and speaking with officers. City of Batavia Fire Department and Mercy EMS crews responded and evaluated the child on scene. 

The child was then transported to the Mercy Flight helipad, where the child was flown to Strong Memorial Hospital in Rochester. The accident occurred on private property at the residence on Otis Street, not on the roadway. Batavia Police interviewed the residents that were present at the time, including the driver. The operator, after disconnecting a trailer from his pickup truck, moved the vehicle striking the child who was in the yard on the passenger side of the vehicle. No impairment or intoxication is suspected, and no charges are pending.

At this time the child remains at Strong Memorial Hospital in serious but stable condition.

Previously: 6-year-old run over by a vehicle on Otis Street in the city

Here are photos from the Memorial Day Ceremonies at the Veterans Hospital, the NYS Vets Home, the Upton Monument, and the War Memorial at Jerome Center.

Calling it the “ultimate hot button issue of the year,” a representative of the New York State Department of State said the legalization of the sale and growing of cannabis could have a profound impact upon farming communities such as those in Genesee County.

Paula Gilbert (photo at right), local government specialist with the Division of Local Government Services in Albany, advised that the Marijuana Regulation & Taxation Act signed into law by Gov. Andrew Cuomo on March 31 paves the way to an estimated $1 billion industry with expected annual revenue of $350 million and the creation of between 30,000 and 60,000 jobs.

Gilbert imparted her knowledge of the new law earlier this month during a Hot Button Land Uses training webinar for municipal planning department personnel.

She said the economic benefit of cannabis production and sale is “really significant especially in some places in Upstate New York where we have distressed farmers that are really struggling today.”

“It’s not just selling these (products) in your community but there’s also going to be the whole pipeline of production and labeling and creating packaging,” she offered. “So, there’s a lot of opportunity for a lot of communities to get into the door.”

Farm owners in Genesee and other rural counties are leasing land to solar companies, reaping the rewards from lucrative contracts in that industry, and Gilbert is of the opinion that they will do the same for the growing of marijuana plants.

The legislation permits adult use of cannabis for those 21 years of age and up – people who may possess, display, purchase, obtain or transport up to 3 ounces of flower or 24 grams of concentrated cannabis.

It also expands New York’s existing medical marijuana program and immediately allows eligible users to smoke cannabis in public wherever tobacco is allowed.

Gilbert said that consumption is not allowed in schools, federal lands, workplaces or in vehicles as the federal government still has jurisdiction in those places.

She explained that there are two types of retail sites:

• Retail dispensaries, which could be storefronts to buy products for home consumption and adult use consumption sites, such as those in Massachusetts, California and Colorado;

• Lounge-like locations for purchase and use on-site.

Cannabis home delivery is planned for the future, she said, resulting in Door-Dash-type services.

Gilbert said 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.

Following are other aspects of the law shared during the webinar:

FOCUS ON DIVERSITY

Gilbert said the state is focusing on diversity – a 50-percent goal for minority or women-owned enterprises, distressed farms, disabled veterans – and small-scale production.

She said the strategy is different from other states in that New York is hoping to prevent large corporations and industries from controlling the market.

A person or company is prohibited from owning a growing facility and a dispensary, except for micro-enterprises, she said. A micro-enterprise can be defined as someone who owns all methods of production and only sells what is grown on-site.

In the future, home growing for adults will be limited to three mature and three immature plants, with a maximum of 12 plants per household.

SALES AND EXCISE TAXES

Gilbert said that sales tax on cannabis will be 13 percent, with 9 percent going to the state, 3 percent to the host municipality and 1 percent to the county.

Additionally, a THC (tetrahydrocannabinol) excise tax will be imposed.

“The heavier the product, the more tax there is to it,” she said, outlining taxes of a half-cent per milligram of flower, eight-tenths of a cents per milligram of concentrated cannabis and 3 cents per milligram of edible cannabis or “higher-powered” products.

“Hopefully some of those tax dollars will go to help people who become addicted – that is also part of it,” she added. A portion of the state’s share of revenues will be used for addiction treatment options.

LOCAL REGULATION

Municipalities have until Dec. 31 to opt out of any dispensary or on-site consumption site within their jurisdiction.

“However,” Gilbert said, “if you do opt out of this, it is something that can be challenged by a permissive referendum by the voters. If you’re a little nervous about this and you’re not sure if you want this in your community, you have to think about what you’re going to do.”

She said that because the regulations have yet to be finalized, she advises community leaders to take a wait-and-see approach.

“Once we get an idea from the Office of Cannabis Management & Marijuana Control Board, a lot of the questions will start to answer themselves,” she said.

If a community decides to opt out, it would lose the opportunity for the tax revenue. It would, however, have a chance to opt back in should legislative or public sentiment change.

In any event, municipalities cannot opt out of growing, testing or packaging facilities, and may not prohibit personal cannabis use in homes, she said.

CRIMINAL RECORD EXPUNGING

Gilbert said the law also calls for expunging previous convictions related to cannabis, which is now considered legal, and said the state will take the prerogative in clearing the records of previous offenders to a point.

Not everyone is going to have their record expunged as the conviction reversal is based on the level that cannabis is allowed today, she said.

If the conviction involved a quantity greater than what is allowed under the new law, that criminal record would not be expunged.

“For the kid in high school caught with a small amount – it could undo that,” she said.

ADDITIONAL TOPICS

• Individual cannabis growers will be allowed to grow plants outside, but most will be done in greenhouses since “they’re finicky plants anyway,” she said.

Growing for personal use will not happen until 18 months after the first retail store makes a sale.

• Establishments that serve alcohol likely won’t be licensed to sell cannabis.

“They’re still trying to figure out how to tell if people are under the influence (of marijuana),” she said.

• Chances are that medical cannabis dispensaries will be converted into retail sites.

“Yes, we’ve seen that in Massachusetts as well,” she said. “Because there is a pretty large medical cannabis industry in New York, it’s likely certain products (will be sold) for medical users and others for personal use.”

For more information, go to www.cannabis.ny.gov.

Marc C.J. Cook Sr., 30, of Church Street, Alabama, is charged with third-degree bail jumping, a Class A misdemeanor. Cook was arrested on May 27. In 2019 Cook was arrested for criminally using drug paraphernalia in the second degree. At that time, he was instructed to appear in Batavia City Court Sept. 15, 2020. Not only did he not appear in court on that date, he did not voluntarily turn himself in within 30 days of the required court appearance, according to the report from the Genesee County Sheriff's Office. Cook was arraigned virtually in city court and put in jail in lieu of $2,500 cash bail or $5,000 bond. He is due back in city court on June 15. Members of the GC Drug Enforcement Task Force made the arrest with assistance from Sheriff's deputies. The GC DA's office also assisted in the case.

Brandon D. Forsyth, 29, of Corfu, was arrested at 8:01 p.m. May 21 by Troopers out of SP Warsaw and charged with driving while intoxicated and failure to stop at stop sign. Troopers arrested Forsyth after a motor-vehicle accident involving a ATV on Schoellkopf Road in the Town of Bennington. Forsyth was issued traffic tickets returnable to Town of Bennington Court in June.

Darrin Mitchell Brown, 31, of West State Street, Albion, is charged with: driving while ability impaired by drugs; driving while intoxicated -- first offense; and failure to signal within 100 feet. On May 25 at about 2:45 a.m. on Clinton Street in Batavia, Brown was arrested following a traffic stop. He was processed at the Genesee County Jail and issued appearance tickets to be in Batavia City Court on June 6. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Mathew Clor.

More than $11 million from the American Rescue Plan Act has Genesee County’s name on it, but it’s too early to speculate exactly how that money will be used, County Manager Matt Landers reported to legislators earlier this week.

Landers, in outlining the four areas on which the money can be spent, said he emphasized to county lawmakers that the current federal guidelines have been released on an interim basis and the final rule is not expected until mid-July.

“Between not having the final rule yet, plus the fact that the feds are doing this in a two-traunch allocation of the money, no official roadmap of how were going to spend the $11,125,969 has been drawn up,” Landers said.

“They’re doing this specifically because they don’t want you to spend all of the money now. They want you to evaluate how the pandemic is progressing and to be able to adjust later on with the funding they give you.”

Payments, in equal installments, to municipalities will be made sometime this year and again 12 months later.

According to a directive from the federal government, eligible uses are as follows:

• To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel and hospitality.

Landers said his office is calculating what won’t be covered by the CARES (Coronavirus Aid, Relief, and Economic Security) Act (of 2020) and the Federal Emergency Management Agency, with outstanding expenses to be covered with ARPA funds.

“We’re still investigating what we can and can't do here regarding tourism,” he said. “I am checking to see if this is the way we can assist the Chamber of Commerce for a rebranding effort, along with assistance to some of our local businesses most impacted by the pandemic and to assist our tourism sector.”

• To respond to workers performing essential work during COVID-19 public health emergency by providing premium pay to eligible workers.

• For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.

Landers reported that the county treasurer’s office has calculated the amount of lost revenue by Genesee County, using the prescribed three formulas.

“The most beneficial calculation of lost revenue is approximately $6 million,” he said. “There are strings attached to this money, but early thoughts on how to utilize this portion is on the construction of the Genesee County Jail.”

He also said he is talking to department heads about possible investments and for cybersecurity upgrades proposed by the Information Technology department.

• To make necessary investments in water, sewer, or broadband infrastructure.                                                                                                    

Landers said it there could be around $5 million available for allocating to broadband and water infrastructure needs.

“Limitations on upload/download speed may impact the effectiveness of the broadband allocation,” he advised.

The county manager said he will be meeting with other county administrators on June 4 in Madison County and with New York State Association of County leaders “to put our heads together to see what works.”

“The interim final guidance provides us with a lot of information, but also a lot of questions,” he said. “It is too early to provide a complete list of recommendations, but it is safe to say we will be able to allocate all of the $11 million and will allocate it in the most impactful and transparent way.”

Updated: May 30, 12:30 p.m., with job creation details

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While acknowledging ongoing opposition and unsightly solar panels, Byron Town Supervisor Peter Yasses said the municipality has won the lottery as a result of its Host Community Benefit agreement with Excelsior Energy Center LLC – the company proposing to build a 280-megawatt solar system in the town under Article 10 of the New York State Public Service Law.

“You’ve won the lottery, but you’ve won the lottery for 20 years,” Yasses said on Friday in discussing the status of the project, which would turn 46 parcels of farmland covering about 1,600 acres into a sea of solar panels. “Every year this check comes – with a 2-percent increase. To me, that’s huge for the town.”

The check that Yasses is talking about is the $1,006,522 that Excelsior Energy would write to the town in year one of a 20-year HCB fee schedule that increases by 2 percent each year. Per the contract, the first annual check would arrive within 30 days after the start of construction.

All told, combining a PILOT (payment in lieu of taxes) with the Genesee County Economic Development Center, special district charges, agricultural exemption revenue and the negotiated host benefit fee, the Town of Byron – if the project receives final approval – would be on the receiving end of $24 million over the two decades.

Yasses said he and the town board took a stand to get what they felt was a fair price for the cost of losing the aesthetics of farmland and fields.

“We had to go into this with an open mind. At any means, it’s not going to be pretty for the town as far as having to look at the panels,” he said. “But it really has nothing to do with our town board. This is getting rammed down our throats by (Gov.) Andrew Cuomo through Article 10.”

The Article 10 provision (which is being replaced by Office of Renewable Energy Siting) authorizes the state’s Board on Electric Generation Siting and the Environment to oversee development of large solar facilities, bypassing much local control.

Siting Board Public Hearing is Tuesday

On Tuesday (June 1), the siting board will be conducting a public statement hearing -- a key step toward the end of the Article 10 process – via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Two sessions are scheduled – 1 and 6 p.m. – for community members to participate.

A determination on a permit to proceed with the project is expected by April. Developers are anticipating the solar system will be operational by the end of 2023.

Yasses said attorneys hired by the town during this process, which started more than two years ago, told board members their hands were tied.

“When a lawyer sits you down in executive session and says, ‘It’s coming whether you like it or not and there is nothing you can do about it,’ that paints a different picture in your mind,” he said. “Again, these aren’t going to be looking pretty in our town – we know that; the town board knows that. However, we had to do what is best for the people that have to look at these things.”

Yasses: We Changed Our Game Plan

Yasses said the board changed its approach from “defense to offense,” and through five months of negotiations forged a deal that it felt was justified.

“Paul (town attorney Paul Boylan) and I were charged with the negotiation and I, knowing what these things (panels) look like, did not want to sell out my town. At first they were talking nowhere near this kind of money and some of the propaganda they were dishing out – it was something like $400,000 to $500,000 a year. That’s peanuts,” he said.

“I said, ‘No way, I want a million (dollars). I won’t say who … but there were some big people in the county and town who said, ‘You’re dreaming.’ I said that’s my threshold. I want a million dollars a year for the Town of Byron. I have to live here, my people have to live here, my kids are going to live here and my grandkids are going to live here.”

Yasses said the HCB agreement was signed on April 28 at a board meeting via Zoom.

“The board was pleased,” he said, adding that he believes about a third of the annual payment can be used for property tax relief.

“Approximately a third of it will be injected into our budget,” he said. “I can’t say that the tax rate will go down but this is going to help not to raise taxes because Genesee County cut our sales tax distribution by more than that. We took some pretty drastic measures to keep ourselves in good shape, but I’m not sure the tax rate will go down.”

Residents Will Have a Voice

He said it will be up to town residents as far as how to spend the remainder of the windfall.

“Most likely, we will hire a financial advisor and we’ll probably select a committee through the citizens to help us come up with wants and needs,” he said. “It’s the community’s money and I want the community to have a say on how they spend their money.”

A closer look at the financials involved with the project reveal that the town, Genesee County and the Byron-Bergen Central School District will benefit from the PILOT negotiated between Excelsior Energy Center and the GCEDC.

Per the HCB fee schedule, the county would get $281,775 in year one and the school district would get $675,703 in year one. The town’s share would be $120,522 and, again, these payments come with a 2-percent annual escalator clause.

The GCEDC Board of Directors is expected to vote on tax incentives for Excelsior Energy Center at its meeting on June 3. Excelsior is seeking $21,498,313 in property tax abatements over the 20 years and $11,288,287 in sales tax abatements (for construction materials).

Jim Krencik, GCEDC director of marketing and communications, said Excelsior Energy would be investing $345.55 million – with $1.82 million in the first year alone to the three taxing jurisdictions based on $6,500 per megawatt.

$84.7 Million Into the Local Economy

“Excelsior’s investment over the 20-year project horizon is estimated to generate $117.5 million into the local economy when you consider the total PILOT payments, host community agreement, estimated fire district payments and related tax reductions, and construction purchases and payroll,” Krencik said.

The solar company said 290 full-time equivalent jobs will be created during the construction phase and 3.1 FTE during project operation and maintenance (solar technician, tech leader and high voltage technician).

Krencik pointed out that when subtracting the tax incentives from the direct economic impact figure, the direct benefit in excess of costs is $84.7 million over the 20 years.

And, of course, the farmers who have signed contracts with Excelsior Energy to lease their land will reap financial rewards.

Yasses said that he and others from the town will be on the siting board public hearing call on Tuesday and expects that those in opposition will be as well.

“We have heard those against it loud and clear. But, we had to do what we felt was right for the community,” he said. “This the best deal in New York State. We had some people scratching their heads wondering how we got it. It was through tough negotiations – that’s how we got it.”

Previously: GCEDC's public hearing on the Town of Byron solar project: An 'incentive' for parties to voice their opinions

The Byron Town Board today unanimously approved an intermunicipal agreement with the Town of Elba to provide water from the Elba Water District to 12 properties on the east side of Transit Road and another on Bank Street Road in the Town of Byron.

The meeting took place via Zoom videoconferencing and lasted about 25 minutes.

A bit of confusion arose midway through over the number of residents actually affected by the agreement, with Byron Town Supervisor Peter Yasses initially thinking there were only three at end of the road.

Apparently, according to Yasses, more homes were added after his previous discussion with Elba Town Supervisor Donna Hynes, and he was not informed of the additions.

Town Attorney Paul Boylan said several revisions to the contract have been made “and all of them were agreeable to all of the parties.”

“The agreement as we have it now is acceptable to me. I think it accomplishes everything we want to do for those people on Transit Road,” he said.

Responding to a question from Councilman Eric Zuber, Boylan said the unit charge to the residents covered under this new pact has to be the same as what is charged to others in the Elba Water District, adding that he didn’t think that has been determined yet.

Boylan said the Transit Road residents, along with the Byron and Elba supervisors, must sign the user agreement.

“It has to be both Elba and Byron that need to act on every one of the user agreements. That’s because Byron has to agree with Elba to levy the user fee on the property – not the water use but the debt service,” he said.

“Byron has to agree that in the event that the user does not pay, they (Town of Byron) will pay Elba and then put the money that the user would have had to pay on the user’s tax bill the following January.”

Directors of the Batavia Development Corporation this morning approved a revolving loan fund grant request of $18,800 from VJ Gautieri Constructors for sidewalk replacement at Ellicott Place.

The Downtown Revitalization Initiative project will result in 10 new market-rate apartments on the upper floor of the Save-A-Lot building at 45-47 Ellicott St., as well as the rehabilitation of 18,000 square feet of vacant commercial space.

“The Ellicott Place project, located in the Batavia Improvement District and the Route 63 redevelopment corridor, is a key DRI project in alignment with the City’s Comprehensive Plan,” said Andrew Maguire, BDC director of economic development. “We’re thrilled with the progress Mr. (Victor) Gautieri and his team have made and we all look forward to the economic impact that Ellicott Place delivers.”

In his application, Gautieri, the company president, said the grant will go toward replacing the private sidewalks that are adjacent to the building, indicating that an increase in the cost of materials has put the project over its budget.

Maguire reported that Gautieri’s commitment to replacing the sidewalks is an eligible use of grant funds that cover masonry repairs, façade improvement and storefront upgrades.

The $3.1 million project received $1.15 million from the state’s DRI award to the City of Batavia.

The capital investment for the sidewalk replacement is pegged at $47,000.

In other action, the board approved a resolution to apply for a National Grid Urban Center/Commercial Revitalization grant for up to $250,000 for the Jackson Square project.

Maguire said that funding could provide for furniture and more lighting elements in the public entertainment area located between Jackson and Center streets.

HEALTHY LIVING CAMPUS PRESENTATION

The board also heard a presentation from Rob Walker, chief executive officer of the GLOW YMCA; Daniel Ireland, president of United Memorial Medical Center, and David Ciurzynski, representative of the two entities, on the progress of the Healthy Living Campus on East Main Street.

The $30 million DRI project will combine services of both the YMCA and the hospital under one roof.

BDC Board President Lori Aratari said the video presentation “got everybody a little more excited to see a visual of what this transformational project is going to bring to Downtown Batavia and how far they have come.”

She said she was impressed with video of the proposed YMCA, mentioning the childcare area, walking track on the second floor overlooking Main Street, fitness area and aquatics center.

“It’s a bright and open area that will be a totally different Y than what we have today,” she said.

Ciurzynski said the venture is a big piece of many projects that will generate new business for the city and Genesee County.

 “This is all part of a plan that will stimulate the growth of our city. Not every single project is going to be the answer to everything, but when we start stitching them together we will have something really nice after a while,” he said.

He shed a bit more light on the timetable, starting with finalizing the design as a prerequisite to obtaining approvals from planning boards and other agencies.

“We have to do an approval for the hospital piece to the (New York State) Department of Health and we’ve got our permit reviews. Hopefully, sometime in September or October we will be able to get it out to contractors for bid,” he advised.

Ciurzynski said demolition of Cary Hall will precede regrading of the site and establishment of the building pad. Once the pad is down, crews will be able to work on the foundation and utilities.

“We really would like to get some of that work done over the winter so when springtime comes, we can hit the ground running and get the building up in the air,” he said.

He mentioned that the schedule could be altered depending upon the availability and shipping of materials -- a problem in the construction industry of late.

Aratari said she is looking forward to the day when the many projects taking place in the city are complete.

“The next couple years are really going to be amazing for Downtown Batavia,” she said. “Hopefully, these will bring the community to downtown as now we’re finally getting back out there.”

Photos: Top, The sidewalks around the Save-A-Lot store will be replaced as part of the Ellicott Place project; bottom, view of the west side of the building, which is being painted bright white. The outside of the second floor, which will have 10 apartments, also has been painted. Photos by Mike Pettinella.

No COVID-19 testing and no masks.

Western New York Off-Track Betting Corp. President Henry Wojtaszek this morning confirmed that, as of now, people heading to Batavia Downs Gaming for its summer concert series performances will not be subject to testing for the coronavirus and will not be required to have face coverings.

“Like many of the other facilities across New York State, it’s not a requirement anymore,” Wojtaszek said following the corporation’s directors meeting at the Park Road facility. “Originally, we were going to have a company in the parking lot test them a few hours prior to the concert series.”

Wojtaszek said that attendees will be required to follow the rules and Centers for Disease Control guidelines that are in place at the time.

“We anticipate those outdoor concerts will not require masks, but certainly we will take other steps to make sure we have a safe, clean, friendly environment for our patrons,” he said.

The Rockin’ The Downs concert series kicks off on June 11 with the Almost Queen tribute band and continues for 11 consecutive Friday nights. Other acts include Vince Neil, Molly Hatcher, Don Felder, Tommy James and the Shondells, The Grass Roots, Queensrÿche, and Spin Doctors.

A special Sunday concert has been added to the lineup. On July 18, the Buffalo Philharmonic Orchestra will perform with Strictly Hip, a Tragically Hip tribute band. The concert starts at 6 p.m.; doors will open at 5 p.m.

Currently, maximum attendance is set at 2,500, but Wojtaszek said he hopes for a “bit of an increase,” possibly to 3,000 per concert.

According to a press release issued today, all pairs of seats at the concerts will be spaced six feet apart in accordance with CDC regulations. 

Furthermore, those who have not been vaccinated, including minors attending the concerts, are encouraged to wear a mask while indoors but can take off their mask once outside.

Those attending the concerts will still be required to enter through metal detectors. Some items including weapons, laser pointers and outside food and beverage are not permitted. For a complete list of banned items please visit: https://www.bataviadownsgaming.com/events/concerts/

If rules or regulations regarding testing or vaccinations within New York State change, then Batavia Downs will adapt to any such modifications.

In other developments:

• Wojtaszek said he is keeping an eye on a request for proposal by the New York State Gaming Commission to vendors in the sports betting industry (such as Draft Kings) in anticipation of offering sports betting at Batavia Downs Gaming.

“Legislation that was passed this year and we expect the RFP to go out sometime in mid-June. It will start to come into focus as to how they’re going to implement the sports betting program in New York,” he said.

He advised that the plan is for various OTBs to work together “to try to see if we can have a role in the sports betting industry.”

• Wojtaszek said he also is “paying attention” to the status of an early retirement law for New York counties outside of New York City, noting that it would affect five to 10 employees of Batavia Downs Gaming.

“They (state lawmakers) passed an early retirement for New York City but they haven’t passed one for the rest of the state yet,” he said. “So, that’s what were following and waiting to see just how they act upon it during the last two weeks of the (legislative) session.”

• The corporation’s marketing department is stepping up efforts to revive business at The Hotel at Batavia Downs, which was significantly hampered by COVID-19, Wojtaszek said.

WROTB purchased the hotel from ADK Hospitality LLC, for $7.5 million and has contracted with Hart Hotels to manage the facility through Dec. 31, 2023 at a monthly fee not to exceed $7,000.

“It’s starting to really pick up and we expect it to get back to pre-pandemic levels by the end of this year, acknowledging more than a 50-percent increase in business,” he said.

• Chief Financial Officer Jacquelyne Leach reported that $84,349 will be distributed to the affiliated municipalities in surcharge revenue for April, with earnings for the month at $270,486.

She called the monetary totals “a good start to the second quarter,” attributing much of it to the start of thoroughbred racing’s Triple Crown.

• Director of Branch Operations Sean Schiano reported that through May 23, EZ Bets handled $3.1 million – up more than $1.7 million from the same point in 2020.

Batavia Bets, the track’s interactive online wagering platform, handled $1.6 million in April, an increase of $807,000 from last year. Through May 23, handle for this month was at $1.775 million – up $981,000, and year to date handle is $7.8 million – up $3.3 million from last year.

• The board approved renewing its insurance contract, primarily through Travelers, for another year – realizing a $35,000 savings. The yearly premium is around $1.1 million.

• The board passed three resolutions – a $27,159 contract with Audio Images Sound & Lighting of Batavia for a stage lighting package for the summer concert series; a $166,040 contract with Mark-It-Smart Inc., for promotional items to be given to patrons, and a one-year $287,793 contract with Roberts Communications Network for simulcast reception services at WROTB’s various locations.

• Directors bid farewell to Ronald Darrow, Oswego County representative, who resigned after serving 11 years on the board.