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Ivison Road resident believes Town of Byron solar project will 'destroy the community'

By Mike Pettinella

Borrowing the title track of Bob Dylan’s 1979 album, there’s a Slow Train Coming” to the Town of Byron in the form of a 280-megawatt, 1,600-acre, New York State-supported solar energy system that seemingly can’t be derailed.

Despite the dim prospect of preventing a significant amount of the town’s farmland from becoming a sea of solar panels, longtime Ivison Road resident Jim Lamkin said he isn’t giving up.

Lamkin has led the charge for the opposition group known as the Byron Association Against Solar by rallying community members to sign petitions, fill out surveys and, generally speaking, express their feelings to the Byron Town Board and to project developer Excelsior Energy Center, a subsidiary of NextEra Energy Resources LLC.

“We sent out a questionnaire and 319 of them came back opposed to this,” Lamkin, 74, said. “We feel that it is important for the Town Board to hold a meeting to get a sense of what everyone wants – even if they have to take a straw vote. They haven’t done that up to now.”

The Excelsior Solar Project is one of more than 50 solar or wind proposals currently moving forward under Article 10 of the New York State Public Service Law.

Article 10 makes it tougher for municipalities to restrict solar projects larger than 25 megawatts since it gives the NYS Board on Electric Generation Siting and the Environment much power over construction and operation.

Lamkin said he and other BAAS members are well aware of this.

“Basically, our hands and the Town Board’s hands are tied, without any say as to where the project is located, setbacks, how much land is used or any other conditions,” Lamkin said.

VIRTUAL OPEN HOUSE IS TODAY

Byron residents on both sides of the issue can learn more about the project, which also comes with 20 megawatts of energy storage, at a Virtual Open House today. Two one-hour sessions (with the same format) are scheduled for noon and 6 p.m.

According to information from Excelsior Energy, company officials will provide an update and answer questions.

Citizens can tap in to the meeting(s) either by phone -- call 1-866-807-9684 and ask to “join the Excelsior Energy Project call” -- or to view online, click here, fill out the contact information, then click on the “Join Webcast” link.

Lamkin said he is upset over the fact that plans call for a solar array to be placed directly across the street from his home. However, he said that his concerns reach well beyond his property.

 “Even if I weren’t directly affected, I would be against this,” he said. “It will change our town forever by wasting valuable farmland. Solar panels will be put adjacent to their properties and those homeowners won’t receive any tangible benefits.”

SEVERAL LANDOWNERS ARE ON BOARD

According to a map provided by Excelsior Energy Center, solar panel arrays will be spread along and near several roads, including Transit, Bank Street, Walkers Corners, Starowitz, Cockram, Batavia-Byron, Caswell, Ivison, Gillette, Tower Hill, Swamp and Bird, as well as Route 262, Route 237 and West Shore Trail.

Lamkin said that farms signing lease agreements with Excelsior Energy include Brooke-Lea, Call Lanes, Richard Colby, CY Properties, L-Brooke Farms, Lea-View Farms, Legacy Lanes, Charles Sackett and Star Growers.

Electricity generated by the system will be moved via transmission lines to Downstate locations.

When mentioned that landowners have the right to sell or lease their property, Lamkin said, “I understand that it’s their land and they do to a point.”

“But zoning laws are made to protect property owners from something not compatible with the surroundings. This Article 10 trumps over all zoning laws, and the solar company has offered the landowners so much money.”

CONFLICT OF INTEREST -- OR NOT

He said he also has issues with Town Board members who are relinquishing their land to Excelsior Energy. While no specific dollar amount has been disclosed, Lamkin believes landowners are being offered $1,000 an acre or more.

Town Councilwoman Suzanne Fuller said she was hoping to provide a 16-acre parcel on Caswell Road, but apparently it has been deemed unacceptable for the project.

“We (she said that Town Councilman Josh Kent’s family is leasing land) have obtained legal advice and it has been determined that we can vote on the project,” she said. “It is not a conflict of interest.”

Fuller said she wants to see the town benefit as well as the landowners.

“The town can really use the money,” she said. “The PILOT (payment in lieu of taxes) agreement with the county, school district and town will lower our tax rate. Otherwise, the income just isn’t here.”

Lamkin said he hopes the second and final ad-hoc member seat on the Siting Board is filled by a Byron resident.  Previously, Genesee County appointed Norman Pawlak of Bergen.

“We have been waiting since January to have the other member assigned and to date there has been no action by the state or the governor,” he said. “When our case eventually goes before the Siting Board, our lack of community representation puts us at a significant disadvantage.”

CALLING OUT THE TOWN BOARD

The Town Board can do more to determine the pulse of its residents on this matter, Lamkin said.

“I cannot believe that if a significant portion of the town residents were against it, and the board got behind them, that this project could not be stopped,” he said. “Statements like the one made by (Supervisor) Pete Yasses that ‘there’s no stopping it’ and the apathy of the community will allow Excelsior to force this project into the town.

“I, along with many in the community, voted for Mr. Yasses on his promise that he would work to stop this project. He has not listened to the people but instead has been influenced by the potential windfall to the town.”

Yasses said he has been listening, holding Zoom meetings every month – “COVID-19 has really hurt us,” he noted – and making himself available for public comments.

“Other than the BAAS group (which Lamkin says has about 270 members), we haven’t heard any opposition,” Yasses said. “This is being shoved down our throat. If Jim has to be mad at anybody, he should be mad at (Governor) Andy Cuomo.”

He added that revenue to the town from the project could reduce the tax rate and provide the funds needed to build a new Town Hall and highway garage.

CERTAINLY A ‘DIVISIVE ISSUE’

Lamkin said that BAAS has been unable to make any headway with Keddy Chandran, project manager for NextEra Energy Resources.

“We try to explain our views, but with him it’s all lip service,” he said. “All you hear from him is that everything is perfect, everybody is going to be happy and this is such a wonderful thing. He’s a master of overcoming objections.”

In the end, Lamkin said the solar project will “destroy the community – removing valuable farmland, costing agriculture jobs and decreasing property values. What’s that going to do for the image of Byron?”

Matthew Lamb, co-owner of Oakfield Corners Dairy which has been operating for more than 50 years, called solar a “divisive issue,” adding that he can’t pay anywhere near what the solar company is paying for land that he rents to feed his cows and also to spread the manure.

“Prime farmland being converted to solar -- while the economics are strong for the individual who gets to do that, it creates hard feelings,” he said. “If you can find the marginal farmland, I think it is an easier argument to make.”

Genesee County Highway Superintendent Tim Hens, speaking as a private citizen, said the Article 10 proposal flies in the face of recent comprehensive planning.

“Our county was one of the first counties to have a Smart Growth Plan and it has always been a leader in protecting farms. Now about 20 percent of the Town of Byron is being turned into a ‘glass field’ and several thousand acres of prime farmlands are being taken out of service,” Hens said.

“I think once folks realize the magnitude and appearance of this project they will be shocked and upset. Pretty soon this area will just be one big battery for New York City.”

Click here for a related story -- solar farm proposal in the Town of Florida (NY).

Top photo -- Jim Lamkin stands across the street from his Ivison Road, Byron home, in front of a field designated for solar panels. Bottom photo -- Lamkin holds the map of the Excelsior Solar Project. Photos by Mike Pettinella.

Yunker: Solar project will generate 'a lot of money' for town, school, county

By Mike Pettinella

While quick to point out that his business has signed on to lease farmland to the Excelsior Solar Project, former Genesee County Legislator Craig Yunker said that all Town of Byron residents in the municipality stand to reap financial rewards.

“My views are somewhat conflicted because of our involvement in it, but it is a good project. It is renewable energy,” Yunker said. “And it is a win for the taxpayers in Byron, the county and the Byron-Bergen school district. If you look at the economy in Byron, it is a strong ag economy but there’s no sales tax generated by the town, for all intents and purposes. This is a revenue source.”

Yunker is a managing partner of the Elba-based CY Farms, a 6,000-plus-acre crop farm, and owns Batavia Turf, a turf farming operation in Batavia, and CY Heifers, a 4,000-head replacement heifer business that raises calves for local dairy farms.

Well-known in the community, Yunker, since 2014, has sat on the board of directors of the Genesee County Economic Development Center – the agency that is negotiating with Excelsior Energy Center on a payment in lieu of taxes agreement that would benefit the three taxing jurisdictions: Town of Byron, Byron-Bergen Central School District and Genesee County.

“Everybody from the town is going to benefit from the PILOT revenue – and it will be a lot of money,” Yunker said, adding that he has recused himself from voting on any and all matters pertaining to the solar project. “Negotiations are going on now.”

Yunker explained that Excelsior Energy would be tax exempt but under the PILOT they would make payments in lieu of taxes.

“If they were assessed full value on a commercial basis – once it changes from farmland to commercial the assessment will go up – the project wouldn’t come here. It wouldn’t be economically feasible for NextEra (Energy Resources, parent company of Excelsior Energy),” he said. “But yet the taxing jurisdictions want them to come because there will be a lot more tax revenue than it would be if it was farmland.”

Exactly how much revenue is unknown at this point, but judging from the PILOTs approved earlier this year for Borrego Solar’s five community solar projects totaling just 22 megawatts in the Elba, Pembroke and Akron school districts, it likely will be in the several millions.

The GCEDC authorized $1,141,366 in revenues over 15 years for three Town of Batavia projects, broken down as follows:

  • $390,041 in revenues to Genesee County;
  • $433,033 in revenues to the Pembroke Central School District;
  • $318,292 in revenues to the Elba Central School District.

And the GCEDC authorized $951,138 in revenues over 15 years for two Town of Pembroke projects, broken down as follows:

  • $364,711 in revenues to Genesee County;
  • $586,427 in revenues to the Akron Central School District.

Yunker said Byron has little industry other than Oxbo International, which builds sales tax-exempt farm machinery, and that all municipalities will be affected should Gov. Andrew Cuomo follow through on state aid cuts of 20 percent or more.

“If you had a bunch of businesses ready to come here and build factories and would pay full tax revenues, that would be better. But we don’t have those lining up to come here,” he said. “It’s about creating a revenue source so that the town can provide services to its residents and the school district can provide services to the residents without an unbearable property tax levy.”

As far as the landowners are concerned, Yunker acknowledged a “ballpark figure” of $1,000 to $1,500 an acre is being offered by Excelsior Energy. Payments would arrive on an annual basis. He said that CY Properties has contracted to lease land on Gillette Road and Ivison Road, but the exact number of acres has yet to be determined.

He also said he understood residents’ opposition to the project.

“Their arguments are that it is taking agricultural land out of production and it is going to change the visual nature of the town,” he said. “It won’t ruin the agricultural land. It will take it out of production for a period of time – 25 years – but it doesn’t ruin it.”

Yunker said if and when the solar company leaves, they would remove everything and the land would become farmland again.

“It’s not like you build a housing development and put in streets or build a factory; that’s gone forever,” he said. “This is a relatively temporary use of farmland and it doesn’t destroy the farmland.”

He addressed another concern of those against it -- the visual aspect of driving through farmland.

“People like the vista of farms and they prefer that vista over the solar panels. But I would point out that, currently, they don’t pay anything for the vista,” he offered. “If we were to let it grow to shrubs and weeds, not mow it, it wouldn’t be so pleasant to look at. But nobody is paying the farmers for that. There’s an external benefit that agriculture gives to the community at no charge.”

Ultimately, Yunker said, the landowners have a right to use their land “as long as they follow the rules.”

Sex in the City: Suzanne Corona accused of promoting prostitution at her home

By Howard B. Owens
Suzanne Corona
2010 mugshot

A Batavia woman whose previous antics have led to multiple criminal charges over the past decade, including a charge of adultery that made international headlines, has been accused of allowing prostitution at her home on Osterhout Avenue.

Suzanne M. Corona, 51, is charged with promoting prostitution, 4th (advance or profits from prostitution), and permitting prostitution on a premises.

It's alleged that on Aug. 19, Corona allowed prostitution to occur at her residence and agreed, in advance, to accept a fee for another person to engage in sexual activity while at the residence. 

Corona was released on an appearance ticket. 

There were two other people arrested as part of the incident, according to a police source, but those arrest reports have not yet been released.

Corona's name became familiar locally after her arrest in early June 2010 on an adultery charge for engaging in a sexual act with a man on a picnic table at Farrall Park. The adultery statute has rarely been used in New York and her arrest made headlines in the United Kingdom, Europe and Australia. The police department was surprised by the interest in the case. The adultery charge was eventually dropped by prosecutor Lawrence Friedman. She admitted to public lewdness.

Shortly after that case was closed, Corona was accused of trashing the buffet at the now-defunct South Beach Restaurant. Initially, owner Ken Mistler was going to have her carry a sign on Main Street that read "I Stole from South Beach." After a "sincere apology" and restitution, Mistler dropped his demand for the "walk of shame."

She was arrested on a shoplifting charge in 2011, as well as being accused of shoplifting at Target while a K-9 and deputy were in the store for a public demo. In 2015, Corona admitted to a drug-dealing felony. That conviction lead to a year-and-a-half in prison, followed by probation, and until this most recent arrest, she had managed to avoid trouble with the law.

The prostitution case was investigated by Officer Arick Perkins along with officers Wesley Rissinger and Adam Tucker.

Actor Chadwick Boseman dies of cancer; filmed ‘Marshall’ scenes in Batavia in 2016

By Mike Pettinella

Chadwick Boseman, the star of the movie “Marshall” that has ties to the Old County Courthouse in Batavia, died on Friday from colon cancer at the age of 43.

In the movie, Boseman portrayed future Supreme Court Justice Thurgood Marshall as a young attorney for the National Association for the Advancement of Colored People. The film centered upon a pivotal case early in his career, the State of Connecticut v. Joseph Spell.

Boseman earned industry fame in 2018 as the star of the groundbreaking film “Black Panther” and, prior to starring in “Marshall," he had the leading roles in box office releases about Jackie Robinson (“42”) and James Brown (“Get On Up”).

He had been battling colon cancer since 2016.

From May 23 through July 1 of that year, the cast and crew of “Marshall” -- which also included actress Kate Hudson -- rolled into Western New York, shooting scenes at various locations.

Some of the scenes were filmed on June 1, inside and on the steps of the Old County Courthouse at the intersection of routes 5 and 63 in Downtown Batavia.

Previously: 'Marshall' film that featured Old County Courthouse to open in theaters on Oct. 13

Previously: For a day, Old Courthouse transported to 1940s Oklahoma for filming of 'Marshall'

WROTB board chair: Allegations unfounded, President/CEO Wojtaszek receives high marks

By Mike Pettinella

The chairman of the board of the Western Regional Off-Track Betting Corporation on Thursday addressed allegations of misconduct against President/Chief Executive Officer Henry Wojtaszek, stating that directors couldn’t be happier with the North Tonawanda resident’s job performance.

“Henry has been exonerated on all fronts,” said Richard Bianchi prior to the public benefit company’s monthly board meeting at Batavia Downs Gaming. “He has done an outstanding job. Before the COVID hit, we had record revenues and record attendance.”

Wojtaszek (in photo), a former Niagara County Republican chairman and an attorney, has been on the receiving end of assertions of wrongdoing from former State Sen. George D. Maziarz (Niagara County) related to his WROTB position and past employment.

Directors looked into Maziarz claims, hiring noted Buffalo attorney Terry Connors to investigate accusations into wrongful spending and misuse of Buffalo Bills and Sabres tickets, a company car and cell phone.

While not disclosing details of Connors’ 380-page report, Bianchi said it is a dead issue.

“The car and the phone are gone,” he said, adding that Wojtaszek has “brought Batavia Downs Gaming to great places” since taking over for Michael Kane, who retired in 2016.

The board has increased Wojtaszek’s pay by about 50 percent since he became president/chief executive officer, approving a salary of $191,938 in December.

Prior to that, Wojtaszek served as WROTB’s general counsel for six years and formerly was a partner at the law firm of Harris Beach and city attorney for North Tonawanda from 1998-2004.

At Maziarz’s urging, in April of last year, the FBI reportedly investigated claims of improper spending, but no criminal charges were filed.

Wojtaszek said he and his wife, Niagara County District Attorney Caroline Wojtaszek, have been victims of a smear campaign by Maziarz, who reportedly spent $20,000 on campaign mailers earlier this year in an unsuccessful attempt to discredit Caroline Wojtaszek during her primary run for Niagara County Court Judge.

Henry Wojtaszek said that Maziarz lashed out after being indicted in 2017 on five felony counts connected to Republican campaigns in Niagara County. Before a trial took place, Maziarz was offered a plea deal – a misdemeanor for a single campaign violation – which he accepted and paid a $1,000 fine.

Last year, Maziarz also claimed that Henry Wojtaszek engaged in a bid-rigging scheme to help Four Points Communications win a Niagara County grant-writing contract in 2012. Wojtaszek later worked for Four Points, earning about $50,000 in fees for work related to grants.

According to a July 21 story published in The Niagara Reporter:

Maziarz claimed that “Wojtaszek improperly pressured county officials in 2014 to deliver the grant writing contract to Four Points.” His accusation, however, reportedly was dismissed by a special prosecutor called in to conduct an extensive investigation.

It also was reported that special prosecutor Monroe County DA Sandra Doorley “found no basis for prosecuting Wojtaszek over claims brought by Maziarz.”

“Doorley was appointed special prosecutor by Justice Paula L. Feroleto, administrative judge of the Eighth Judicial District of State Supreme Court, because Wojtaszek’s wife is the Niagara County district attorney and could not investigate a case involving her husband," according to the published report.

When asked on Thursday about all of this controversy, Henry Wojtaszek told The Batavian it is all because of an “unhinged, vengeful and disgraced politician (Maziarz) with an ax to grind.”

He also said he appreciates the board “taking the time to do an exhaustive investigation at Batavia Downs” and he and his officers are looking forward “to continuing to do the job on behalf of the corporation and the municipalities it serves.”

Severe thunderstorm watch in effect until 8 o'clock tonight, stormy weather

By Billie Owens

There's a Hazardous Weather Outlook in effect for portions of Western New York, including Genesee County with a severe thunderstorm watch in effect until 8 tonight, according to the National Weather Service.

Wind gusts of up to 60 mph reported, that could damage roofs, siding and trees.

"People and animals outdoors will be injured," according to an alert from AccuWeather.

First responders are out in force and traffic control is needed in several areas. There are several reports of localized flooding.

There've been reports of localized flooding in Le Roy and "ping-pong" sized hail in Pavilion and Le Roy. Some trees, wires and poles are down at Putnam and Francis roads, a tree is blocking a lane on Route 63.

A large tree limb in the 6900 block of Britt Road, Le Roy, is in danger of falling onto a home. At 9611 Creek Road in Alexander, a pole and wires are down on a tree, possibly a fallen tree, between two houses.

At 8990 South Lake Road in Corfu a tree is totally blocking the roadway, driver that struck tree is not injured however. Indian Falls and Pembroke fire departments are responding.

A tree and wires are down at 10595 S. Lake Road, Pavilion.

The storm is moving southeast at 40 mph.

Stormy weather is in the forecast through Wednesday.

Closure of Darien Lake, Batavia Downs, contributing to continued high unemployment number locally

By Howard B. Owens

Genesee County's unemployment rate is back over 10 percent for July after a small dip to 9.5 percent in June.

The 2020 rate of 10.6 percent is 7 percentage points higher than it was a year ago.

Genesee County's unemployment rate had mostly stay between 6 percent and 3 percent, depending on the time of year, going back to 2015, and then the global SARS-CoV-2 pandemic hit and many people started to shelter in place at the same time the government severely restricted business activity.  

In March, the month the first lockdown orders were issued, the county's unemployment rate was 4.9 percent. In April, it jumped to 14.4 percent, then fell to 10.1 percent in May.

A year ago in July, it was 3.5 percent.

One big factor in the local unemployment numbers is the county's largest seasonal employer, Darien Lake Theme Park, has not been allowed to reopen. The park employs more than 1,000 people every summer.

Another significant local employer that remains closed is Batavia Downs, which this time of year would have at least 450 people on the workforce.

There are currently 3,200 work-eligible people living in Genesee County who do not have jobs. A year ago, there were 1,100 people looking for work who reported they couldn't find a job that suited their qualifications.

At the hight of the previous recession. the high July number for unemployed people was 2,400.

Batavia Downs president has keen eye on sports betting developments, hopes to open next month

By Mike Pettinella

State lawmakers are expected to take a close look at sports betting and the Western Regional Off-Track Betting Corporation wants a piece of the action.

“We want to make sure we’re included in that discussion,” WROTB President and Chief Executive Officer Henry Wojtaszek said at this morning’s monthly board of directors meeting at Batavia Downs Gaming. “I ask all of you (directors) to talk to your legislators in your districts (as) we should be part of that dialogue.”

Wojtaszek said he has drafted a letter that is being circulated to OTB parlors and video lottery terminal sites that makes WROTB’s case for inclusion in sports betting operations, including online and via telephone.

He said that he hopes the state legislature addresses it within four to six weeks.

“We want to be part of this industry,” he said. “We can handle this.”

In other developments from the meeting:

  • The board heard a report from Beverly Mazur, branch operations committee chair, revealing that Batavia Bets, the corporation’s interactive online and telephone wagering platform, is achieving record numbers despite the gaming facility being closed and the harness track being dark for two to three months.

Mazur disclosed that revenue from Batavia Bets increased by $860,000 (70 percent) in July – reaching the $2 million mark for the first time – after being up by $715,000 (61 percent) in June.

Through Aug. 24, revenue climbed by $500,000 (45 percent) for the month, and it is anticipated that it will surpass $2 million again. Year-to-date revenue is up by $1.7 million (20 percent).

On the other hand, the harness track handle is down $330,000 as fans have not been allowed during the races.

  • Board Chair Richard Bianchi (Monroe County) honored Mazur, the Erie County representative who will be stepping down later this year after serving as a director since 2010.

“When she walked in the building, the rafters in this place shook,” said Bianchi, getting a bit emotional as he said this was his most difficult meeting ever (as he had to bid farewell to Mazur). “She was an integral part of the advances we have made … increased attendance and gaming revenue.”

Mazur said she was honored to serve on the board, enjoying every minute of her 10 years.

“Most importantly, we knew we we’re growing because we we’re making changes,” she said, talking about the major enhancements over the past decade.

  • Wojtaszek said he sees “a glimmer of hope” as far as when the casino will be able to reopen.

“I’m thinking that next week we will have some guidelines as to how and when we can reopen,” he said. “I hope to open sometime in September … depending upon the governor’s office and the data (COVID-19 metrics).”

He said maintenance staff has installed plexiglass as required, placed arrows on the floor (for social distancing) and installed new air conditioning unit MERV-13 (minimum efficiency reporting value) filters.

Wojtaszek also said staff will be taking patrons’ temperatures and is prepared to utilize contact tracing technology “once we get the OK and guidelines as to what we have to do officially.”

Photo: Ed Morgan (Orleans County), WROTB board vice chair; Director Beverly Mazur (Erie County); Richard Bianchi (Monroe County), WROTB chair, following today's meeting during which Mazur was honored for a decade of service to the board. Photo by Mike Pettinella.

Legislature's proclamation raises awareness of suicide, substance use, mental health issues

By Mike Pettinella

The Genesee County Legislature today sent a timely and vital message of “hope and healing” as it issued a proclamation in recognition of National Suicide Prevention Awareness Week (Sept. 6-12), World Suicide Prevention Day (Sept. 10) and National Recovery Month (September).

Legislator Gary Maha, reading from the decree that also shined a light on mental health awareness, said that “in these challenging times, messages of hope and healing are needed more than ever” as representatives of the County Mental Health Department, Genesee Justice and Genesee/Orleans Council on Alcoholism and Substance Abuse looked on at the Old County Courthouse.

“Where millions of people around the world join their voices to share messages of hope and healing … these observances are united to raising awareness that prevention is possible, treatment is effective and people do recover … in these challenging times messages of hope and healing are more needed than ever,” Maha read.

The proclamation went on to state that county residents have “access to high-quality prevention support, rehabilitation and treatment services that lead to recovery and a healthy lifestyle … and that every day in Genesee County, people begin treatment at behavioral health services and community supports to begin the road to wellness and recovery.”

Maha read that that the “benefits of preventing and overcoming mental health challenges, suicide attempts and loss, and substance abuse are significant and valuable to individuals, families and our community at large … (and) it is essential that we educate residents about suicide, mental health and substance abuse and the ways they affect all the people in the community.”

Lynda Battaglia, director of mental health and community services at the Genesee County Mental Health Department, said it was “wonderful” that the legislature was acknowledging these issues and spoke of the “incredible collaboration” across agencies – calling it “a shared mission” to provide help and hope.

She said that every day, on average, 132 people die by suicide.

“Every number is a person … a loved one,” she said.

Battaglia encouraged those contemplating suicide or having serious mental health or substance use issues to reach out because they “are not alone.”

“There are people who want to help you and care for you,” she said. “We are your lifeline.”

Photo, from left, Shannon Ford, GCASA services director of Communications, Development and Prevention; Sue Gagne, Genesee County Suicide Prevention Coalition coordinator and GCASA recovery center coordinator; Maha; Catherine Uhly, director of Genesee Justice; Legislator Gordon Dibble; Battaglia. Photo by Mike Pettinella.

Gym, fitness center owners urged to make appointments for state-mandated inspections

By Mike Pettinella

As permitted by the governor’s office, many gyms and fitness centers in Genesee County reopened on Monday, but there remains a great deal of confusion as to what the owners of these facilities need to do to keep their doors open.

That’s the word from County Manager Matt Landers, who addressed the legislature this afternoon at its monthly meeting at the Old County Courthouse.

Landers said the county health department reached out to about 25 businesses and “less than half of them understood the process going forward.”

“And that’s only a snapshot of what’s out there,” he added.

According to state guidelines, these varied facilities (gyms and fitness centers, yoga and Pilates studies, boxing centers, boot camps, and dance and martial arts studios, etc.) are subject to a county health inspection within two weeks of their opening to ensure proper protocols are in place and adhere to State guidelines to protect customers and staff.

“A lot of these facilities are opening and didn’t have follow-up guidelines or make appointments with the health department,” Landers said. “It seems that they were excited and opened without reading the second part of the information that came out.”

Landers said the county health department is currently performing these inspections, but city, town and village code enforcement officers may be called upon to assist.

“You don’t have to be a nurse … to certify that the HVAC system and safety plan is in place,” he said

He also mentioned the possibility of the Genesee County Chamber of Commerce setting up a Zoom information session for owners of these types of businesses.

Reopening requirements include:

  • Developing a business safety plan;
  • Having a heating, ventilation and air condition inspection by an approved professional;
  • Completing an affirmation that the state guidelines are understood and will be implemented.

Once the business safety plan and air handling inspection are complete and an attestation form is submitted, Genesee and Orleans Counties will begin the process of scheduling inspections. These steps must be completed prior to scheduling an inspection. For Genesee County call (585) 344-2580, ext. 5555, and for Orleans County call (585) 589-3278.

In other developments, legislators:

-- Accepted $258,726 in funding from the state Department of Health to be used by the Genesee County Public Health Department for COVID-19 contact tracing, overtime and supplies, with expenses over that amount to be partially offset by state aid.

-- Re-appointed Kathryn Ribbeck and Janet Olivieri to the GLOW Workforce Development Board through 2022. Ribbeck is the human resources manager at O-AT-KA Milk Products Cooperative, Inc., Batavia, and Olivieri is human resources manager at Lapp Insulators LLC, Le Roy.

-- Approved a contract with Empire Access to provide an independent internet circuit for the Board of Elections’ two locations at County Building II on West Main Street Road. The contract will run for 36 months at a cost of $285 per month.

-- Created a full-time position of epidemiologist or community health nurse, effective Aug. 31, 2020, with the salary and fringe benefits allocated for in the 2020 health department budget. The position is fully covered by COVID-19 funding until June 30, 2022.

-- Accepted a $250 donation from Linda Keister in memory of Batavian Kathy Owen to go toward an environmental program for Genesee County youth at Genesee County Park and Forest Interpretive Nature Center in Bethany.

Rochester man sentenced to 20 years in prison for three bank robberies, including one in Elba in 2016

By Press Release

Press release:

ROCHESTER -- U.S. Attorney James P. Kennedy Jr. announced today that Terrance Rainey, 35, of Rochester, who was convicted of bank robbery by use of a dangerous weapon, was sentenced to serve 240 months -- or 20 years -- in prison by U.S. District Judge David G. Larimer.

The defendant was also ordered to pay $30,208 in restitution.

Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on May 25, 2016, Rainey and codefendant Latrell Parson robbed the First Niagara Bank on Winton Road in Henrietta.

The two men entered the bank, and Parson approached the teller, pointed an air pistol that appeared to be a semiautomatic handgun at her, handed her a bag and ordered her to fill it with money.

At the same time, Rainey held the other bank employees at gunpoint with an air pistol that appeared to be a semiautomatic handgun. The teller complied with Parson’s demand, and Parson and the defendant then exited the bank and drove away in a vehicle.

They then set fire to that car in the back parking lot of a bowling alley on Jefferson Road in Rochester.

On July 14, Rainey and Parson robbed the Chase Bank on State Route 31 in Macedon. The defendant and Parson entered the bank wearing hooded sweatshirts, masks, and gloves, each brandishing a semiautomatic pistol, and ordered bank employees to get on the floor.

Parson handed a bag to a teller and demanded that money be placed in the bag. The teller complied and Parson and the defendant then fled the bank in a SUV. Parson and Rainey then abandoned that vehicle behind a plaza adjacent to the bank.

On Oct. 18, 2016, Rainey and Parson robbed the M&T Bank located on Oak Orchard Road in Elba. The two men entered the bank wearing hooded sweatshirts with face coverings and gloves, and pointed handguns at the employees.

Parson threw a bag to one of the bank employees, ordering her to fill it with cash. The teller complied, and Parson and the defendant took the money and fled the bank, got into a car, and drove away. They then pulled into a vacant lot, switched vehicles, and left the area.

Latrell Parson was previously convicted and sentenced to serve 141 months in prison, or 11 years and nine months.

The sentencing is the result of an investigation by the New York State police, under the direction of Acting Major Barry Chase; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Genesee County Sheriff’s Office, under the direction of Sheriff William A. Sheron Jr.; the Macedon Police Department, under the direction of Chief John P. Colella; and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.

Blue Jays flying high in Buffalo with signage installed by Le Roy company

By Howard B. Owens

When it came time for the Toronto Blue Jays to build a new nest for the 2020 season, a local company was called on to make Sahlen Field in Buffalo look like home.

Unitech Applications opened in Le Roy in 1989 and owner Guy Laesser focused on the bigging on landing big-business clients. The company specializing in large-scale vinyl design applications, like car wraps but on large vehicles -- trucks, buses -- and buildings.

The effort paid off in a big way in 1996 when he was hired to wrap all buses for the 1996 Olympics in Atlanta. Since then, Unitech has been Laesser's full-time occupation.

He calls himself a perfectionist and that has helped the company grow. Other clients include the Bush-Cheney presidential campaign, Dick's Sporting Goods, Old Navy, Ice Road Truckers, the NBA All-Star Game in New Orleans, and Scooby-Doo's "The Mystery Machine" movie tour.

It's no wonder, then, when the Blue Jays called 3M looking for a company to work within the Buffalo region to get Sahlen MLB-ready, 3M recommended Unitech.

"Our job is to provide whatever the client needs," Laesser said.

When the Blue Jays wanted a wrap on the scoreboard, Laesser, who doesn't like getting up higher than 12 feet himself, had a friend who did just that kind of work, so he called him to complete that part of the project all in the name of taking care of the client.

For the Blue Jays, Unitech provided signage and wraps for the concourse, the dugouts, the stands, and the outfield walls. The company even used vinyl to tint the windows on the tents being used as the visiting team's locker room.

That wasn't as big of a frosted vinyl project as Unitech did for a company in NYC, which involved wrapping a 40,000-square-foot building.

Not every project Laesser and his lone full-time employee Fred Crimes take on is all that big. The company also wraps the covers of medical equipment used to treat children going through cancer treatment.

Unitech also supports the charity Special Spaces, which provides unique and specially designed bedrooms for children going through cancer treatment.

"That (the vinyl wall covering) was the biggest bill they had, it cost the most, so when we got involved, we volunteered all of the time and material so it didn't cost them anything and they could put their money elsewhere," Laesser said.

Batavia woman arrested on drug charges after search of Hutchins Place residence

By Billie Owens

From the Genesee County Sheriff's Office:

Angela Bateman, 46, of West Main Street Road, Batavia, (inset photo, right) is charged with: two counts of criminal possession of a controlled substance in the third degree, a Class B felony; criminal possession of a controlled substance in the fourth degree, a Class C felony; criminal use of drug paraphernalia in the second degree, a Class A misdemeanor; and unlawful use of marijuana, a violation.

Additionally, she was subsequently charged with promoting prison contraband in the first degree, a Class D felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor.

She was arrested Aug. 24 by Batavia police following the execution of a search warrant on Aug. 12 at a residence on Hutchins Place in the City of Batavia by members of the Batavia Emergency Respond Team. The warrant was issued after a narcotics investigation by the Genesee County Local Drug Task Force.

Bateman was transported to the Genesee County Jail and while inside, suspected fentanyl was found on her person. That's when the subsequent charges as noted above were added.

The City of Batavia Police Department, the Genesee County Sheriff's Office and the Genesee County District Attorney's Office also assisted with this investigation.

Law and Order: Two GC residents accused of driving without a valid NYS license

By Billie Owens

Elijah J. Richardson, 23, of Batavia (address not provided), is charged with aggravated unlicensed operation of a motor vehicle in the second degree, unlicensed operator and failure to keep right. At 4:10 a.m. Aug. 23 in the Town of Middlebury, Wyoming County Sheriff's Deputy Bliss conducted a traffic stop on Bank Road. Richardson allegedly advised Bliss that he did not have a valid NYS driver's license. A DMC check revealed that Richardson possessed a non-driver ID only and that he had eight suspensions. Richardson was issued an appearance ticket and is due in Town of Middlebury Court at a later date.

Alyssa Nowakowski, 22, of East Bethany (address not provided), is charged with aggravated unlicensed operation of a motor vehicle in the third degree. At 5:30 p.m. on Aug. 14, Wyoming County Sheriff's deputies were checking the area of Ryan Road in the Town of Warsaw for a report of two suspicious vehicles parked on the side of the roadway for a couple of days. A Wyoming County Sheriff's Officer Investigator, driving an unmarked vehicle, checked the area but the vehicles appeared to be gone upon arrival. After leaving the scene, the investigator observed a vehicle nearby that matched the description of one of the vehicles from the complaint. Deputy Austin Harding, driving a marked patrol vehicle, initiated a traffic stop on Dale Road at Pflaum Road in the Town of Middlebury and identified Nowakowski as the driver. She had a suspended license for failure to pay child support and was arrested. Nowakowski was processed roadside and issued an appearance ticket. She is due in Town of Middlebury Court at a later date.

Bowlers return to Mancuso's; league meetings scheduled for this week

By Mike Pettinella

Mancuso Bowling Center opened its doors for business at 3 p.m. today, welcoming bowlers back for the first time since being forced to shutdown in mid-March due to COVID-19.

Former Batavian Randy Johnson (top photo), an avid bowler, drove in from Buffalo to get in some practice time. Photo at bottom shows a sign -- Please Social Distance 6 Ft. Apart -- as part of New York State's reopening requirements.

Other changes include hand sanitizing stations throughout the faciliity and instructions on face coverings, food service and proper use of house bowling balls and rental shoes. Manager Mike Sputore said league meetings are being held this week.

Photos by Mike Pettinella.

Previously: Amid confusion, public health director responds to questions about bowling league guidelines

Law and Order: Woman accused of stealing Stafford resident's identity, incurring more than $1,500 in medical expenses

By Billie Owens

Donna Lyn Hartman, 57, of Marlowe Road, Blasdell, is charged with second-degree identity theft. It is alleged that Hartman used a person's identity during a traffic stop in Livingston County. She was transported to Noyes Hospital in Dansville where she allegedly continued to use that identity. As a result, the Genesee County resident whose identity Hartman allegedly stole incurred more than $1,500 in medical expenses. Hartman was arraigned in Batavia City Court and released under supervision of Genesee Justice. An order of protection was issued for the victim, who lives in Stafford. Hartman is due to appear in Town of Stafford Court on Oct. 6. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Kevin Forsyth.

Willie Lee Williams, 34, of Laser Street, Rochester, is charged with criminal possession of a weapon in the third degree, with a previous conviction. Williams was arrested July 17 following an investigation into an incident that occurred on June 29 on Hutchins Street in Batavia. He is accused of pointing a handgun, or what appeared to be a handgun, at another person's head and threatening to shoot him. He was arraigned in Batavia City Court and put in Genesee County Jail (bail status not provided). The case was handled by Batavia Police Officer Jason Ivison.

David P. Grossman Sr., 37, of Maple Street, Batavia, is charged with criminal contempt. He was arrested after a domestic incident at 7:73 p.m. on Aug. 6 on West Main Street, Batavia, during which he allegedly contacted a person with a stay away order of protection against him. Grossman was issued an appearance ticket to be in Batavia City Court on Nov. 10. The case was handled by Batavia Police Officer Jordan McGinnis.

Jordan R. Rose, 19, of Maple Street, Batavia, is charged with: second-degree criminal contempt -- disobeying a mandate of the court; and aggravated family offense -- more than one offense within five years. He was arrested at 9:05 a.m. on July 31 after he allegedly violated a court order by calling the protected party numerous times over the phone. He was arraigned in Batavia City Court and released on an appearance ticket. He is due to return to court Aug. 25. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Post.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. At 6:01 p.m. on Aug. 9, police allegedly observed Cook in the presence of an individual against whom she has an order of protection. Following her arrest, she was released with an appearance ticket to be in Batavia City Court on Nov. 17. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger.

Daniel Robert Smythe, 32, of Main Street, Caledonia, is charged with second-degree criminal contempt. At 5:44 p.m. on Aug. 22 on South Street Road in Pavilion, Smythe was arrested following a complaint of a domestic incident. Smythe was arrested, issued an appearance ticket and is due in Pavilion Town Court on Oct. 10. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Michael Lute.

Herbert B. Gennis, 26, of Raymond Avenue, Batavia, is charged with failure to appear in Batavia City Court July 23 on a charge of endangering the welfare of a child. He was arrested on Aug. 17 and arraigned in city court via Skype. Gennis was released and is due back in court on Sept. 3. The case was handled by Batavia Police Officer John Gombos, assisted by Felicia DeGroot.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with: possession of a hypodermic instrument; operating a motor vehicle without insurance; operating an unregistered motor vehicle; operating a motor vehicle with improper plates; failure to use turn signal. Helm was arrested at 6:03 p.m. on Aug. 15 following a traffic stop on West Main Street in Batavia. He was processed, issued an appearance ticket and released. He is due in Batavia City Court on Nov. 17. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Sean Wilson.

Jamar Andrew Malana, 23, of Culver Road, Rochester, is charged with criminal possession of a controlled substance in the seventh degree and unlicensed operation of a motor vehicle. At 1:25 a.m. on Aug. 22, Malana was arrested on Clinton Street Road in Stafford after Genesee County Sheriff's deputies investigated a vehicle parked on Route 33 in Stafford. The defendant and a male passenger were allegedly found in possession of a controlled substance. Malana was also allegedly operating the vehicle without a valid NYS driver's license. Malana was released with an appearance ticket to be in Town of Stafford Court on Oct. 6. The case was handled by Deputy Jordan Alejandro, assisted by Deputy James Stack.

Mark Davonne Edwards, 23, of Ontario Street, Rochester, is charged with criminal possession of a controlled substance in the seventh degree. At 1:25 a.m. on Aug. 22, Edwards was arrested after Genesee County Sheriff's deputies investigated a vehicle parked on Route 33 in Stafford. He was released on appearance tickets and is due in Town of Stafford Court on Oct. 6. The case was handled by Deputy Jordan Alejandro, assisted by Deputy James Stack.

Justin M. Ferrin, 43, of Albro Road, Bliss, is charged with issuing a bad check. Ferrin was arrested on a Batavia City Court warrant after turning himself in on Aug. 18. He was arraigned in city court and released on his own recognizance. He is due to return to city court on Aug. 10. The  case was handled by Batavia Police Officer Stephen Cronmiller.

Phillip D. Byford, 29, of Brockport Spencerport Road, Brockport, was arrested Aug. 16 on a bench warrant out of Batavia City Court (charge(s) against him unspecified). He was arraigned in city court at 9:35 p.m. and released on his own recognizance. He is due to return to court on Oct. 1. The case was handled by Batavia Police Officer Adam Tucker.

Construction begins on affordable apartment complex that will include space for homeless veterans

By Howard B. Owens

Demolition on a group of homes and businesses on East Main Street in Batavia began on this way to make a 55-unit, four-story apartment building to be known as Liberty Square.

The construction is being led by Home Leasing LLC, of Rochester, which specializes in providing low-income housing in the Finger Lakes region.

Twenty-eight of the apartments will be set aside for homeless veterans with the remainder designated as affordable for lower-income residents.

The properties are at 552, 554 and 556 E. Main St.

The total cost of the development is expected to exceed $12 million.

There will be 39 one-bedroom apartments, eight two-bedrooms targeting people with a household income of 60 percent of the area's median income.

Eagle Star Homes, a group serving veterans, is partnering with Home Leasing. 

Amenities include a community room, fitness center, on-site laundry, raised garden beds, laptops for residents' use, and private outdoor space with every apartment. Rent will include all utilities. There will be an on-site "community leader" 24/7.

NYS Homes and Community Renewal is assisting with the project but attempts this afternoon to find out from various sources the amount of that assistance were unsuccessful. We were told there would be a press release with more information about the project next week.

Rendering of what the complex is expected to look like when completed.

Are casinos next in line to reopen? Employees stage rally outside Capitol in Albany urging state to act

By Mike Pettinella

If the Native American casinos are able to conduct business in New York, then why can’t the privately owned and Regional Off-Track Betting gaming locations do the same?

“That’s certainly the argument that we have been making and, hopefully, we’ll have that answer very soon,” said Henry Wojtaszek, president and chief executive officer of Western Regional OTB, owner of Batavia Downs Gaming and Batavia Downs harness horse racing track.

Speaking by telephone today, Wojtaszek said he is cautiously optimistic that Gov. Andrew Cuomo will be revealing guidelines for the reopening of casinos in the near future.

“I think the news is that we will have guidelines soon, and we’ve done a lot to get our facility ready in anticipation of it. But we don’t have any time frame,” he said. “We’re optimistic -- and we use the word ‘soon’ – that we will be getting some guidelines.”

When it was mentioned that a rally organized by casino employees took place on Thursday in front of the Capitol in Albany, Wojtaszek said WROTB is in full support.

“We’ve been in touch with them but we did not have a representative there,” he said. “We certainly are with them in spirit – our workers are. It was good to see that people made the trip to Albany to let them know how important this is.”

He noted that management has been communicating with the New York State Gaming Commission on a regular basis.

The rally was led by Valerie McIntyre, table games supervisor at del Lago Resort & Casino in Seneca County, and Greg Mallette and Robin Torr, hotel managers at Vernon Downs and Tioga Downs Casino Resort, respectively.

Those casinos are privately owned and, like the OTB regions, are subject to state oversight.

McIntyre, in an excerpt from her speech, said that despite the many unknowns, the 5,200 or so casino employees in New York stand united.

“I ask Governor Cuomo on our behalf to please see us, please hear us,” she said. “We need to work, we need to support our families, we need to begin to live again, we need to cling to whatever bit of normalcy this society has left.”

Contrary to Cuomo’s opinion, McIntyre said casino employees are, indeed, essential.

“Because when our lights begin to go off and the refrigerator is empty – when our cars are parked because we cannot afford gas and when the bills pile up, we – right here – are the essential workers for our homes,” she said. “Governor Cuomo, here’s a message to you from us. Here we stand, here we ask to allow us to reopen.”

Native American-owned casinos, however, such Seneca Niagara Resort & Casino in Niagara Falls, have been open for two months.

“If the sovereign casinos can operate with a little guidance from the state, we – as 'New York Strong' casino employees – can implement and adhere to all CDC (Centers for Disease Control and Prevention) and state regulations,” McIntyre said.

Reportedly, McIntyre and friends have a Facebook group with nearly 900 members and are “circulating” an online petition to reopen the casinos that has more than 2,400 signatures.

Additionally, if the Albany rally doesn’t produce any immediate results, the workers plan to hold rallies at del Lago and other casinos across the state.

Amid confusion, public health director responds to questions about bowling league guidelines

By Mike Pettinella

Bowling center proprietors and managers are reaching out to state and local bowling association representatives and to the New York State Bowling Proprietors Association to find out what they can and cannot do when it comes to running their leagues for the 2020-21 season.

Normally, fall leagues begin just before or right after Labor Day, which is on Sept. 7th this year.

Last Friday, Gov. Andrew Cuomo announced that bowling centers would be able to reopen on Aug. 17, ending a five-month shutdown of the state’s nearly 300 bowling establishments as New York dealt with the COVID-19 pandemic.

The governor’s press release listed the following safety protocols for bowling centers:

  • Operating at 50-percent maximum occupancy limit;
  • Face coverings and social distancing will be required at all times;
  • Every other lane must be closed;
  • Patrons need to stay with the party at their assigned lane;
  • Thorough cleaning and disinfection of shared or rented equipment between each use;
  • All food service must follow all state-issued guidance.

Furthermore, in New York City, due to restrictions on indoor dining, food and beverage service will not be allowed in New York City bowling centers.

Still, those who operate these facilities have expressed a degree of confusion, seeking more specifics. They also have varying ideas of how they believe (to some extent, wishful thinking) things should proceed.

Proprietors and managers -- judging by initial conversations with league secretaries -- are anticipating a drop off in membership as a result of one-lane only and face covering mandates.

In an effort to answer their questions, The Batavian reached out to Paul Pettit, Genesee/Orleans public health director, with the following:

Q. Can a team in a league, let’s say of four members, bowl on a pair of lanes (as is normally the case) – having just one bowler on the approach at a time – and have the pair of lanes next to them dark? For example, one team on lanes 1-2, lanes 3-4 dark, another team on lanes 5-6, lanes 7-8 dark, another team on lanes 9-10, and so forth? This still meets the 50-percent occupancy requirement.

A. On Aug. 14, the Governor’s office published a press release outlining the stipulations for bowling alleys to safely reopen (see above). An interim guidance has yet to be released by the State. Based on the press release, every other lane must be closed.

Q. Do masks have to be worn on the approach, or can a bowler remove the mask as he or she steps onto the lane, and then put the mask back on when stepping off the approach?

A. Face masks must be work at all times.

Q. How is the 50-percent capacity determined?

A. The 50-percent capacity would be based on the establishments building occupancy (not by multiplying the number of lanes by a specific number).

Q. Is there a chance these restrictions could be eased?

A. These restrictions are set forth by the state. Locally, we do not have the jurisdiction to alter or lessen the state requirements. If the restrictions are lifted or lessened, the state would be in charge of making that formal announcement.

Q. What else can you share at this time?

A. Again, we are waiting for the state to deliver the formal guidance for bowling alleys. This is not the first time the state has allowed a business to reopen with little to no guidance.

Facilities should monitor the New York Forward website for specific guidelines when they are released. Facilities can also email specific questions to the Finger Lakes Regional Control Room at: flnyf@esd.ny.gov. We appreciate the patience of the community as we wait for the state to release the guidance.

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

Doug Bohannon of Glens Falls, president of the New York State Bowling Proprietors Association, provided information about what is considered a “group or event”:

“We are allowed to operate at 50-percent capacity. The part in the guidance about ‘limiting the number of patrons/players to any event at the facility to no more than the current social gathering restrictions that are in effect for the region as a part of the State's phased reopening (i.e., 50 or fewer people in Phase Four 4 regions, as of Aug. 15, 2020)’ is confusing but I have obtained clarification from Albany which states that a league is not a group or event.

“This part of the guidance refers to, for example, a church group or a summer camp that wants to book an outing to your center. If that type of group wants to book an outing, then they are limited to 50 people.”

Batavia town supervisor blames New York State for municipalities' dire financial outlook

By Mike Pettinella

The financial world in which Town of Batavia leadership has governed in recent years has come to an end, Supervisor Gregory Post said Thursday.

“I have never in my wildest dreams thought I would have to use my ‘apocalypse bankroll’ that we have put together for the town in case of whatever potential disaster might come down the road,” Post said. “You put it there and plan for it – making sure that if the worst possible thing you could imagine happens, you could at least have some time to come up with a solution.”

Post and the Town Board have about five weeks to draft a preliminary budget for the 2021 fiscal year that begins in January, and projections at this point paint a bleak picture.

He said the current financial situation is the worst he’s seen in his 47 years in government, and he places the blame squarely on what he calls the “tax and spend” policies emanating from Albany.

“The people need to hear this. This is not a result of some COVID-19. The COVID-19 didn’t cause this,” Post said. “Nelson Rockefeller (New York governor from 1959-1973) started this and it has been getting progressively worse with each elected governor and Downstate politician for the last 45 years. So, here we are.”

Post said the board is struggling to figure out what the town’s tax increase is going to be for next year.

“We already know what our expenses are going to be – we can’t cut anything. We have been essential and lean as long as we have been. There’s not a lot of service that we can cut,” he said. “We only have three people in the highway department, including a highway superintendent who is making a quarter of what other highway superintendents make. It’s a part-time job for that.”

He said New York State is “probably going to be drastically short of money next year,” estimating a state deficit of $10-14 billion.

“But the thing is when we started out this year, the state was over five billion dollars in the red and the governor has the opportunity to change his reimbursement schedule and the percentages,” he said. “And he’s already reduced it by 20 percent, and I would not be surprised if it goes to more.”

Post said he expects significant reductions in revenue sharing from Genesee County, noting that the county is “going to have to come up with somewhere between $6 and $9 million that they weren’t anticipating having to come up with, and they don’t have any other means to do that (other than cut or end revenue sharing with towns and villages).”

'Well, the State is Broke'

“It’s not a failed policy of the county or the towns or the villages, it’s a failed policy of a progressive state that has been taxing and spending since Rockefeller,” Post said. “The state has never put a limit on the spending, programs and being progressive. If you look at the consequences, and I’m serious when I say this, but every smart owner of a business that I’ve done any work for in the last 30 years says the same thing – this can’t last; the state cannot keep doing what it is doing, or it’s going to go broke. Well, the state is broke.”

The supervisor also said he doesn’t foresee the federal government bailing out the state.

“That means that the state reimbursements to all the Upstate counties are probably not going to be there,” he predicted. “I think you’re going to see whatever they do have funneled to the state education department, because that is sacrosanct, and I think the counties are going to be left to hang in the wind. The counties will have no choice but to pass those reductions in revenue onto the towns and villages. Pretty much the consensus of the supervisors that I talk to is that we’re all looking at a double-digit tax increase.”

Even if a federal stimulus bill is approved with money appropriated to the New York State, it will just be a “Band-Aid” – not a long-term solution, he said.

“What about next year? Without some completely restructured reforms on these mandated expenses that counties have to pay, it’s going to snowball,” he said. “They tell the counties how many probation officers per criminal, how many people you have to have in the Department of Social Services, how many employees to dedicate to this and that. You have to do that or they won’t send you any funding."

Genesee County as 'Lean' as Can Be

Post gave Genesee County officials high marks for keeping things together during an arduous stretch.

“The county is running as lean as a county can run – too lean, in my opinion,” he said. “They haven’t funded their highway operations to the degree that they need to in order to keep up with the maintenance of the highways and the bridges. They haven’t raised the taxes because they can’t bust the (tax) cap. They refinanced everything they can refinance. And they’re managing their cash better than almost any other county in the state.”

He said that while he doesn’t fault the county, “they’re the ones getting blamed by all these local communities.”

“The sales tax money that used to just come (revenue sharing) was like a welfare check, and that’s not going to come next year. It can’t. I don’t think anyway it could come to the same degree that it has in the past,” he said.

Post said the county is unable to raise property taxes without “busting the tax cap and losing all the state reimbursement, so they’ll need the sales tax.”

“The county has been spot-on and has given us every single dime in matching funds that they’ve received on a pro-rated basis,” he said. “They have done a fabulous job, but I cannot count on New York State for next year. I would hate to be (County Manager) Matt Landers and this county legislature right now.”

Town Taxes Likely to Increase

As far as the Town of Batavia is concerned, Post said two-thirds of its total revenue comes from county revenue sharing.

“I’m probably looking at a pretty significant tax increase,” he advised. “We’ll try to not use the unexpended fund balance and we’ve already tried to cut $750,000 in spending out of this year’s budget. I thank God that the town board has worked as hard as they have worked to make sure that we have a cushion going into next year.”

Post said that using $1 million out of the unexpended fund balance to expand the Town Hall is off the table at this point.

“We’re going to try not to use that, but save it and put it towards the consequence of this state’s actions next year,” he said, adding that he plans to keep the Town Hall lobby closed and operate remotely – one of many actions being taken to cut costs.

He said he feels bad for the half-dozen town supervisors that are in their first year.

“I can’t imagine what it must be like for them,” he said. “It has gotten worse and worse every year, and we all shrug our shoulders and work harder to keep it going. But this thing is going to cause a lot of people to rethink wanting to serve in office or be involved in government ever again.”

In a couple developments from the Batavia Town Board meeting on Wednesday:

  • Sandra Baubie, deputy town clerk since 2004, was promoted to the full-time job of water bill collector at a rate of $25.89 per hour, while Sara Sauka moved into the full-time deputy town clerk position at a rate of $21.63 per hour.

Morgan Leaton was hired as a full-time court clerk at a pay rate of $17 per hour.

Post said Baubie’s previous duties had include water/wastewater billing, but with four times the number of accounts to handle, it made sense to create the water bill collector position.

  • The board approved submitting applications for Community Development Block Grants from the state Office of Community Renewal to support two dairy production projects at the Genesee Valley Agri-Business Park and set a public hearing on the matter for Sept. 2.

Post said he wasn’t willing to speculate on the nature of the projects since he has yet to see anything in writing. It was previously reported that HP Hood officials plan to construct an addition to the plant’s refrigeration warehouse unit.

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