Buffalo developer Sam Savarino, who has been working for years to close financing on Ellicott Station (former Soccio & Della Penna and Santy's Tire properties), met via Zoom this morning with the Batavia Development Corp. Board of Directors and gave the members an update on the progress of the project, which should start with site cleanup soon.
Press release:
Registration is still open for the free local electronics recycling event in Batavia on May 15.
The Brockport-based electronics recycling company Sunnking is handling the recycling.
In the spirit of Earth Day -- today, April 22 -- this year's theme is "Restore Our Earth."
Due to coronavirus health and safety protocols, residents will be REQUIRED to register online for a drop-off time slot, or reserve a spot by calling (585) 637-8365.
Register online at sunnking.com/events. Registration closes when time slots are booked up or by 4 p.m. the day before the event.
You must register to print out a ticket to take to the event in order to get in.
Here's a link to a list of materials that are acceptable; here the list of what's unacceptable.
REMEMBER to neatly pack your recyclables in the back of your vehicle for easy unloading. Limit of 4 CRT (tube) monitors or TVs per vehicle.
Due to the rising costs of recycling and the coronavirus pandemic, Sunnking also asks supporters for an optional monetary donation to continue providing the environmentally responsible service. Sunnking collects an average of 100 tons of electronics per event.
WHO: Sunnking Electronics Recycling
WHAT: Local electronics recycler, Sunnking, is holding its initial round of FREE e-recycling events for 2021.
WHEN:
WHERE:
HOW:
Register online. Health and safety procedures will be in place to ensure a safe environment, including timed appointments, no-contact device removal, and dedicated drive-through lanes.
WHY:
Good stewardship of the Earth and its resources, according to the Environmental Protection Agency (EPA).
The lineup for this summer’s Rockin’ the Downs concert series at Batavia Downs Gaming is nearly complete, the facility’s director of marketing reported this morning following the monthly meeting of the Western Regional Off-Track Betting Corp.’s Board of Directors.
Ryan Hasenauer said that 11 of the 12 musical artists have been confirmed and the 12th, which will perform on June 18, is expected to sign on by May 1.
The Friday night series will commence on June 11 with Almost Queen, a Queen tribute band, and conclude on Aug. 27 with Spin Doctors.
“We’re working on tier ticket pricing as some concerts will be priced higher than others, and tickets will go on sale next Thursday,” Hasenauer said.
Other concert series is follows:
June 11 -- Almost Queen (Queen tribute band);
June 18 -- TBA;
June 25 -- Steve Augeri (formerly of Journey);
July 2 -- Molly Hatchet;
July 9 -- Don Felder (formerly of The Eagles);
July 16 -- Tommy James and the Shondells;
July 23 -- Skid Row;
July 30 -- The Grass Roots;
Aug. 6 -- The Machine (Pink Floyd tribute);
Aug. 13 -- Queensryche;
Aug. 20 -- Puddle of Mudd;
Aug. 27 -- Spin Doctors.
In other developments from today’s meeting:
Batavia Bets’ handle was $1.5 million in March and is more than $1 million thus far in April – increases of more than 60 percent from the previous year. Year to date, the handle is $5.4 million, up more than $2 million compared to the same time period in 2020.
Todd Haight, director/general manager of live racing, said approximately 1,500 tons of stone dust and racetrack mix will be spread on the track to alleviate problems caused by weather-induced erosion.
He also said he is in the process of finalizing live racing dates for this year.
The wall of the board room at Batavia Downs Gaming includes two reproductions of programs from days gone by. This one depicts the official program from Nov. 16, 1957. Photo by Mike Pettinella.
Elba resident Bill Kauffman reads 'To a Siberian Woodsman' by Wendell Berry for National Poetry Month.
The Batavia Blue Devils came ready to play Tuesday night, taking on Palmyra-Macedon and then dominating the Red Raiders for a 48-7 victory.
The win keeps them undefeated at 6-0 and slots them as the #2 seed heading into sectionals.
The semifinal game will be against Newark at 6 p.m. Sunday against Newark. The winner of that game will play the winner of Honeoye Falls-Lima vs. Pal-Mac. HFL is the #1 seed and if HFL wins, the championship game will be played at HFL.
Terrez Smith rushed for 204 yards on 17 carries. He scored three touchdowns. Carter McFollins carried the ball 11 times for 86 yards and a TD. QB Jesse Reinhart was 7-12 for 71 yards and a TD.
Alex Hale caught three passes for 44 yards and a TD.
The Red Raiders were able to intercept Reinhart three times but the Batavia defense held firm after each turnover. Kaden Marucci had 16 tackles, an interception, a blocked punt, and two sacks. Mathew McWethy, seven tackles, Dan Saeva, seven, Garrett Schmidt, six, and Reinhart two tackles and an interception.
Photos by Steve Ognibene. To view or purchase prints, click here.
Molino, the City of Batavia manager for 11 years prior to leaving in January 2018 to become administrator for Tompkins County, has accepted the executive director post with the Livingston County Water and Sewer Authority based in Lakeville.
“For me, it was several things,” Molino said by telephone this afternoon. “It was the right move for my family -- wanting to spend more time with my family. I love the work I’ve done here, I love the community and the people I work with are phenomenal, but this really is a personal decision.”
Molino said he was looking forward to “a little more balance” in his life as he moves closer to extended family members who live in Western New York.
“This is an opportunity to continue to do good public work, which is important, as well as find a good balance in life that I want with my family,” he said.
Molino is married to the former Anna Lesh of Batavia. They have three daughters -- Sophia, 21; Stella, 10; and Charley, 8, and a son, Jason Jr., 6.
He begins his new role on June 14. He replaces Michelle Baines, who reportedly left for another job.
The 41-year-old Molino has experience in the water and sewer segment of municipal government, having been involved in a leadership capacity when the City of Batavia negotiated its latest water and sales tax agreements with Genesee County.
He said he is aware of Genesee’s current water project and said that Livingston County has similar opportunities to expand water supply to other parts of the county.
“We are looking to partner with other towns and villages on distribution (water) system management or collection (sewer) system management, and possible expansion of consumer capacity as well – all stuff that I feel comfortable with and was able to work on when in Batavia, whether it was water-related or sewer-related,” he said.
Molino is highly regarded in Tompkins County, with major accomplishments being the establishment of county’s Office of Veterans Services and hiring of its first director, establishment of the county’s first chief equity and diversity officer, and the review and recommendation to merge the Mental Health and Public Health departments.
He also led the county’s Reimagining Public Safety Collaborative in partnership with the City of Ithaca. In March of 2020 Molino declared a state of emergency in response to the COVID-19 pandemic and has led Tompkins County through the crisis, instituting innovative measures to counteract sales tax shortfalls.
In a press release, Leslyn McBean-Clairborne, chair of the Tompkins County Legislature, thanked Molino for his service, sharing that “Jason has served this county with integrity every single day in this role. He has brought a thoughtful presence as our administrator, showing deep support for our staff and fiduciary tact putting together budgets under ever-more-complicated circumstances.”
Mark McKeown, board chair of the Livingston County Water and Sewer Authority, said in a press release that Molino was hired following a thorough search and extensive interview process.
“Jason’s experience, background and leadership will serve LCWSA and its future very well,” McKeown said. “We are looking forward to having Jason join our LCWSA team and bringing his experience and perspective to our group.”
Press release:
Genesee County reporting four new positive cases of COVID-19.
Orleans County reporting 20 new positive cases of COVID-19.
A motor-vehicle accident in Corfu is reported at 1711 Genesee Street near Boyce Road. Wires are down. A first responder on scene reports wires lying across the vehicle. The driver and sole occupant is said to be in and out of consciousness; unknown injuries.
Corfu fire command says the patient cannot be accessed until National Grid arrives and removes the wires. Mercy medics are on scene.
The vehicle is off the road, in a ditch, in the mud.
Darien was called but put back in service.
"I believe this is a phone line," says command about the downed wire.
UPDATE 4:38 p.m.: National Grid is not needed; it is confirmed that it's a phone line. Patient is out of the vehicle. At least one utility pole is damaged.
UPDATE 4:50 p.m.: The vehicle will need a winch out; it's 15 feet off the roadway in thick mud.
UPDATE 4:57 p.m.: The Corfu assignment is back in service.
This picture of a cardinal at a backyard bird feeder was taken this morning by Chantal Zambito at her Elba home.
Press release:
A public meeting is scheduled for Tuesday May 4th at 5 p.m. to receive citizen and user input for the planned improvements at Jackson Square in Downtown Batavia.
The meeting for public input and engagement will be held outdoors in Jackson Square rain or shine. COVID-19 protocols will be followed.
On Oct. 6, 2018, Governor Andrew Cuomo announced eight transformational projects for Downtown Batavia as part of $10 million Downtown Revitalization Initiative (DRI). Enhancing Jackson Square was one of the eight projects chosen to receive a strategic investment grant of $750,000 to transform public space in a public plaza.
Jackson Square, a public gathering space bordered by historic buildings in the heart of downtown will be transformed with decorative pavement upgrades, a multilevel deck/stage, and seating, lighting, decorative signage.
The upgraded public plaza will become a lively hub and common space for community interaction, and provide connections to multiple businesses through its unique alleyway node configuration.
Architectural Resources, the architectural firm selected to design the projects, will be on hand to discuss the design elements and solicit feedback.
After a final design concept is approved the project will advance the development of construction documents and plans for bidding.
Currently, we anticipate the project to start construction this fall and be ready to host entertainment acts by next spring.
The Trojans, at 5-1, are once again playoff-bound after finishing the regular season with a 30-0 win over Cuba-Rushford.
Once again, Brayden Woods gained more than 100 yards on the ground, running for 104 on 11 carries. He scored two touchdowns.
Nick Kramer rushed five times for 41 yards. He was also 7-13 passing for 125 yards and a TD. He gave up one interception. Jay Morrison caught four of those passes for 86 yards and a TD.
Jake Laney led the Trojan defense in tackles with six. Devin Dean and Connor Hollands each had four tackles. Gavin Smith-Crandall recorded another QB sack. Dean and Clayton Bezon each had interceptions.
In other games last night:
Photos by Philip Casper. Top photo: Brayden Woods (5) picking his way through the Cuba-Rushford defenders.
Eric Cline (9) with the kickoff.
Jay Morrison (1) diving across the plane for a touchdown.
Mason Bump (10) charging through the Cuba-Rushford defense.
Quarterback Nick Kramer (3) walking back from the huddle as Connor Hollands (21) makes his way to the line.
Maverick Bump (2) catching the low pass in open field.
Fullback Devin Dean (24) pushing his way through two defenders.
Oakfield-Alabama/Elba's 2021 return to 11-man football finished on a high-note Tuesday with a 37-7 win over Avon, giving the team a regular-season record of 5-1.
Ty Mott rushed 271 yards on 20 carries and scored two touchdowns. On defense, he also had seven tackles, a sack and an interception returned for a 65-yard TD. He also forced a fumble and recovered a fumble.
Gaige Armbrewster carried the ball 11 times for 70 yards and a TD. He also intercepted a pass for a 63-yard TD return.
QB Bodie Hyde was 7-12 passing for 65 yards and a TD.
Kaden Cusmano had three catches for 40 yards and a TD.
On defense, Peyton Yasses had 12 tackles, Dontrell Jenkins, eight, and Zach Howard had an interception.
"While the scoreboard may not suggest it, this was a four-quarter fight for our team," said Head Coach Tyler Winter. "We are incredibly proud of their ability to overcome when adversity would present itself throughout the game.
"The defense was very impressive tonight," he added. "Coach Corey Winter put together a great defensive game plan for this game. Our team is continuing to live by the 'bend, but don't break' mentality that they've demonstrated time after time throughout the season.
"It seemed like whenever our backs were against the wall and we needed a play, one of our guys would step up with a big tackle or a takeaway. Avon is a well-coached team and we knew we would need to play mistake-free football to put ourselves in a position to win this game. The boys did just that."
Photos by Kristin Smith. For more, click here.
The Town of Batavia Planning Board will be adding a “public comments” segment to its meetings, which generally are scheduled for the first and third Tuesday of each month at 7 p.m.
In response to Planning Board Member Don Partridge’s inquiry into the procedure for conducting an annual review of Area 51 Motocross, a businesses that has been granted a special use permit, the board Tuesday night agreed to give residents time at the beginning of each meeting to bring up pertinent issues.
Town Building Inspector Dan Lang said he spoke with the town’s attorney and supervisor, and both men recommended that the planning board not schedule a public hearing for special use permit reviews, but to offer “an open period for any comments, questions or concerns.”
Lang said that yearly reviews of operations with special use permits are conducted along with the fire inspection of the facility. He then suggested to Chair Kathleen Jasinski to “get on your agenda as open for public comments on every agenda.”
Jasinski said she wouldn’t want to see 10 people unannounced at every meeting, but the board didn’t think there would be that many and felt it important to give a forum for town residents as all meetings are open to the public.
It was noted that the Batavia Town Board (as well as the Batavia City Council) includes a public comments period at their meetings.
Planning Board Member Paul Marchese suggested a five-minute public comments section at the start of their meetings.
“It’s really not going to be significantly taxing to any of us and we limit it to five minutes,” he said. “I think we really want to be as transparent as we can in these wonderful times that we live in. To me, I feel it is part of our duty to listen to the people that we represent.”
In other action, the planning board:
The board declared itself as the lead agency for the project and also approved a conditional negative declaration for the State Environmental Quality Review. Conditions on the SEQR center upon proper screening of the system from a neighboring couple’s home and from the roadway.
Planners advised Jim Taravella, representing LaBella Associates, to provide visualizations of the layout, showing five- and 10-year projections of the site based on screening growth, and asked the consulting firm to limit the number of utility poles.
Press release:
A new service for people 55 and older is available in Genesee County. Lifespan’s Community Care Connections service helps older adults navigate health care and supports at home.
Our LPN nurses meet patients at medical appointments, communicate with doctors’ offices and ensure the correct medications are being taken at home. Our social workers also help connect older adults to help at home and governmental benefits.
Ask your doctor about a referral to Community Care Connections or call (585) 287-6395 for more information.
Lifespan is a regional nonprofit based in Rochester dedicated to providing information, guidance and services that help older adults take on the challenges of longer life. Learn more about Lifespan at www.lifespanrochester.org.
An order has been entered in Michael Tomaszewski's federal bankruptcy case declaring five more debts as the result of the former funeral director's fraud nondischargeable, meaning the debts won't be forgiven as part of the Chapter 7 proceedings.
The five individuals are owed $5,300, $5,300, $15,500, $15,500, and $8,750 for prearrangement deposits they made.
Tomaszewski, arrested last summer, admitted in Genesee County Court a week ago to taking more than $500,000 in funeral arrangement deposits and using the money for other expenditures. The money is supposed to be kept in interest-bearing escrow accounts.
He is scheduled to be sentenced for his crimes on July 13 and at which time he will agree to pay restitution to his victims.
Not all of the victims have had the money they're owed included in the bankruptcy, which is handled by a federal court while the criminal matter and related restitution order is handled by county court.
In his bankruptcy, Tomaszewski listed more than $3.2 million in debts against $1 million in assets.
In his order, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation.
Previously, Bucki issued a similar order for three other individuals. In all eight cases, the individuals listed in the order receive priority for repayment of the first $3,025 of debt, per person, under federal bankruptcy law.
For prior coverage of Tomaszewski's criminal case and bankruptcy proceedings, click here.
When looking at the minimum qualifications and the amount of training that go into shaping a successful emergency dispatcher and pairing that with the competence required in taking a 9-1-1 call, it certainly is puzzling that these professionals are classified by New York State and the federal government as “clerical” workers.
That is the thinking of Director Steven Sharpe, Assistant Director Frank Riccobono and the staff at the Genesee County Emergency Dispatch Center, who are applauding companion bills recently introduced in the state Senate and Assembly to change the classification of dispatchers.
“It’s really all about classifying people according to the labor that they perform,” said Sharpe, in support of the bill that would designate public safety dispatchers, emergency responders, emergency operators, emergency complaint operators, and emergency service dispatchers as “certified first responders.”
Sharpe said that the Genesee County Legislature passed a resolution backing this change when it was considered at the federal level, and “obviously, we would support it at the state level if the state decided to follow suit.”
“What we’re trying to do is to change our classification at the state and federal levels as being first responders – because that is what we are,” Sharpe said. “We’re the first ones on the scene, although remotely, as we have the ability as dispatch staff to dramatically impact the life safety of callers.”
Sharpe said dispatchers have delivered babies, helped people perform cardiopulmonary resuscitation over the phone and helped stabilize a heart attack victim by giving instructions on the administration of aspirin – all over the phone.
“A lot of this stuff happens before first responders have a chance to get there. We work hand-in-hand with our first responders so when they get there, we have hopefully have kept the situation stabilized or made it better while they were traveling to the scene,” he added. “And when they get there, they pick up the pieces where we left off.”
Riccobono: The Job has Changed Dramatically
Riccobono, a dispatcher for more than 30 years, said a key point is recognizing dispatchers for the job they perform.
“I’m sure when the federal government classified dispatchers many years ago, it probably was more clerical,” he said. “The job has changed dramatically since then. Training was five weeks long. Dispatchers now go through typically about a 16-week program and they go through another four to six weeks of on-the-job training. I think most people would agree that that’s more than what a typical clerk would go through.”
Dispatchers may not be at the scene, but they are hearing and providing information to the first responders and from the caller to keep everyone safe, Riccobono offered.
“We’ve had many recent incidents where the dispatcher was instrumental in keeping the person safe. A few years ago, we had an active shooting in the Indian Falls area and the dispatcher was instrumental in instructing the people where to go to keep them safe and an incident just last year where a dispatcher had to tell a person, essentially, to jump out the window when the perpetrator was literally breaking the door down,” he said.
“It’s truly amazing the job that dispatchers do. And this is no disrespect to any clerk position, but you're comparing apples and oranges.”
Riccobono supervises four senior dispatchers – Robert Tripp, John Spencer, Mike Sheflin and Jason Holman – as well as 14 full-time and four part-time dispatchers at the county Emergency Dispatch Center on Park Road.
Dispatchers answer, process and maintain the county’s Enhanced 9-1-1 Emergency Telephone System*, and answer all seven-digit nonemergency and administration lines for all law enforcement agencies within Genesee County. That’s a total of 27 local police, fire and emergency medical agencies, 22 municipalities, other police agencies and the general public.
Dispatchers Share Their Experiences
Tripp and dispatcher Beth Hynes, both with 19 years of experience at the dispatch center, agreed that the job requires the ability to multitask, process information quickly and accurately, and to stay calm under stressful circumstances.
“When people call us, they’re looking for help and looking for someone to respond – whether they’re having a bad day or having fights or need of medical services. A secretary can’t send that,” Hynes said, “whereas we take the information and give them appropriate help as quickly as possible. We are pretty much the first link in the chain of emergency services. It comes to us first and then we proceed to give it out to medical, fire department or police services.”
Hynes said dispatchers are dealing with more domestic violence situations today “because it was always that dirty, little secret that you didn’t hear about that now is coming to the forefront.”
“People with cell phones – they see things – where you have the people involved who are not reporting things but the witnesses are reporting things and we’re responding to that,” she explained. “There’s a lot more violence on the street as well.”
She said she took part in the delivery of a child by a police officer in the City of Batavia.
“A person was in labor, coming from Orleans County driving to the hospital in Batavia and they got to Oak and Richmond and they had to pull over,” she recalled. “I didn’t actually instruct them how to give birth but I heard it as he laid the phone next to the mom. Then the police pulled up and delivered the baby. But I was kind of there. That’s the closest I’ve come (to delivering a baby).”
Tripp said he has taken calls where the person on the other end of the line is suicidal.
“Those hit the nerve the most,” he said. “It kind of gives you that sense of importance, if you will, especially if you are successful in preventing someone from taking their life. Sometimes we’re not so fortunate, but we’re that first line for anybody who needs assistance, whether it’s something medical or fire or somebody that just needs someone to talk to because they don’t where else to go. We take those calls, day in and day out.”
Tripp said dispatchers take an average of 100 to 150 calls per day on his 7 a.m. to 3 p.m. shift alone. Statistics from the sheriff’s office show that in the first quarter of 2021, the dispatch center fielded 18,457 calls.
Classifying dispatchers as first responders would afford a “sense of respect” to the position, Tripp said.
“We work hard and we’re directly involved in emergency services and we have some sort of effect on that incident,” he said. “Plus, this job is ever-evolving as new technology has resulted in new complaints, such as the unemployment fraud that we’re seeing now that wasn’t around 10 years ago.”
Extensive Training is a Requirement
After placing in the top three on the Civil Service list, prospective dispatchers have to pass several physical and psychological tests before entering into 14 to 16 weeks of an initial in-house training program and four to six weeks of additional on-the-job training.
Riccobono said that outside training is provided through the Association of Public Safety Communications Officials and International Academies of Emergency Dispatch. Plus, dispatchers have to be certified in CPR and automated external defibrillator, and are required to take part in up to 50 hours of annual in-service training.
As far as the job classification, Sharpe said he thinks some of the reason this change hasn’t received an overwhelming amount of support is because people may think that dispatchers are seeking an economic boost.
“All it does is say they’re classifying folks as first responders,” he said. “Right now, looking at the state of finances in New York State, I don’t think there would be a large enough push to change the retirement system. That’s not what this legislation is all about.”
Sharpe said seeking a change is not a matter of disparaging the clerical profession.
“What we do is we impact life safety over the phone. And, with that comes the stress,” he said. “Sometimes people forget we’re the first ones on the scene. We’re not physically there but we’re there remotely and we’re experiencing those emotions, and we have to deal with that emotional content.”
*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.
Photo at top: Robert Tripp, Beth Hynes and Frank Riccobono at the Genesee County Emergency Dispatch Center on Park Road. Photo by Mike Pettinella.
A 26-year-old driver from Henrietta was cited yesterday for allegedly failing to yield the right of way to another vehicle at a stop sign following an accident reported at 4:17 p.m. at the intersection of Clinton Street Road and Maple Avenue in Bergen.
A.D. Broadhurst was driving a 2021 Toyota sedan was struck by a 2012 Ford sedan driven by 29-year-old Brandon J. Heslor, of Batavia.
Heslor was eastbound on Route 33 and Broadhurst allegedly pulled into his lane of traffic.
Both drivers were injured and transported to Strong Memorial Hospital in Rochester by ground ambulance -- Broadhurst with a complaint of neck pain and Heslor with a complaint of chest pain.
Airbags deployed in both vehicles.
The accident report was prepared by Deputy Andrew Mullen.
If the sentiments from people who live in the neighborhood are any indication, Brandon Lewis may be facing an uphill fight to acquire the special use permit he needs to develop an outdoor shooting range on Harloff Road in the Town of Batavia.
Several residents of nearby Kelsey Road and Pratt Road voiced their opinions Tuesday night during a 40-minute public hearing conducted by the Batavia Town Planning Board via Zoom videoconferencing.
Their objections centered upon, primarily, the noise generated by the shooting as well as safety measures, the impact on property values and whether it is a good fit for the area.
Lewis, owner of The Firing Pin indoor shooting club in Bergen, is looking to place an outdoor shooting venue, along with a small movie theater, RV park and other entertainment options, on a 22-acre parcel at 3269 Harloff Road. The property is not far from Area 51 Motocross and the New York State Thruway.
Linda and Tomporowski, of Kelsey Road, said that they don’t object to the concept, but want Lewis to find another location.
'It's Just the Wrong Location'
“It just seems that anytime a new business comes up that is noise-generated, it seems to go up on Harloff Road,” Linda said. “We have Area 51 and we have to deal with that seven days a week, pretty much year round. We were originally told that it was going to be limited, but it has not been that way.
“So, we’re very concerned that if another special use permit goes through, it’s going to become unlimited use again – there’s no enforcement – and that just really does not allow me to enjoy my property.”
She said she considers it a “great proposal” and she isn’t anti-gun or antibusiness.
“I think it’s the right business, but just the wrong location. It’s definitely going to cause undue noise … in a residential-agricultural area.”
Linda then asked the planning board to deny the special use permit “based on the fact that the primary use of this property is a shooting range.”
She also cited sections of the planning board code, mentioning that it calls for “a harmonious relationship between the proposed use and the existing, adjacent uses, and there’s really nothing harmonious for me with a shooting range in my backyard. We’ve heard them shooting before; it’s very clear.”
'There Will be Repetitive Shooting'
Her husband brought up that Lewis had mentioned conducting shooting drills.
“It’s not just junior shooting daddy’s rifle eight times at a target,” he said. “When he talks about drills, some of the stuff is going to be tactical, which means multiple magazines. Law enforcement officers are exempt from the SAFE Act and they can use 30-round magazines and they will be popping shots – doing all of their drills.”
Jason urged the board to “pull back a little bit” and learn specifically what Lewis is looking to do and address it appropriately at that time.
Rich Schildwaster, also of Kelsey Road, said he is an avid outdoorsman with military experience who doesn’t have an issue with a gun range, but is concerned with “the manner of what they are looking to do out there.”
“He has painted a beautiful picture, he really has,” Schildwaster said. “We’re going to have a movie theater, we’re going to have a fitness center, we’re going to have an RV lot … and various activities. When it comes to a special use permit, I don’t think various activities cut the mustard as far as what he is going to be doing out there.”
Schildwaster said he worries about the safety of residents of a mobile home park beyond the Thruway and reeled off other potential issues such as shooting at night, noise levels, training, size of the RV lot and hours of operation.
'It Will be Intrusive on Property Values'
“I’m not in favor … he’s not quieter than the Thruway and, absolutely, 1.2 miles as the crow flies from that range, I can hear him shooting and his cohort shooting recently over the top of the motorcycles running at the same time at Area 51,” he said. “It will be intrusive on my property and it will be intrusive on the values of all of our properties in the neighborhood.”
Kevin and Paul Heist, both of Pratt Road, followed, with Kevin stating that the daytime shooting hours would affect him as he works from home.
“Also, it seems like the plan is all over the place,” he said, adding that he wanted specifics about the safety protocol since there would be a movie theater on the site. He also requested proper environmental studies be conducted before the project moves forward.
Paul Heist said he lives straight across the Thruway from Area 51 and is troubled about the noise volume.
“I haven’t seen anything that he’s produced as far as hiding the noise. Is there any verification that it works?” he asked.
He also mentioned that he lives next door to the Silver Shoe Farms, which has 10 horses, who are sensitive to their hearing and could be spooked by the gunfire. He then called out the town for not enforcing the excessive noise generated by “cycles with no mufflers” at Area 51.
'Guns are Louder Than Jets'
Cory Coles, of Pratt Road, also requested that the board deny the special use permit.
He said he was aware of some shooting going on there a couple weeks ago, and said that unsuppressed guns are louder than motocross bikes and train horns.
“They say the Thruway is there and Area 51 is there, so it’s already noisy,” he offered. “If that’s the case, why don’t we build an airport there, which is funny, as by the way, passenger jet engines are not as loud as guns are.”
Town Building Inspector Dan Lang said he has received 21 phone calls about the project, covering these similar issues. One of the letters was from Nicole Cable, owner of the horse stable, who has “massive concerns” as some of the horses she tends to are not hers.
'A Great Addition to Batavia'
At that point, Planning Board Chair Kathleen Jasinski read excerpts of three letters in support of Lewis.
The letters stated that the shooting range would:
Matthew Hume, the architect working with Lewis, concurred.
“I totally understand everybody’s concerns. I also live on Pratt Road, so it’s kind of in my backdoor as well. I’ve worked quite a bit with both Brandon and his father, and I can tell you that their family – they’re incredible people, they’re more than willing to work with the community,” he said. "They’re not looking to make any enemies here, they’re really just looking to provide different alternatives for the community.”
Hume said Lewis welcomes feedback if there are any issues and would be “more than happy to work out the details so that everybody can be happy.”
'Special Use Permit Must be Limited'
Planning Board Member Don Partridge said he wanted to know when the special use permit granted to Area 51 would be reviewed – Jasinski said that is scheduled for May – and then mentioned that he is leaning in favor of Lewis’ permit as long as it is “limited.”
“Hopefully, he will operate it properly and we won’t have any complaints,” Partridge said.
Jason Tomporowski then got back on the call, indicating that if Area 51 wasn’t already there, the shooting range would stand a better chance of being accepted.
“It’s the noise. I’ve had it,” Tomporowski said. “We moved out to the country so I could live in peace, and that’s my big issue. If there’s some way that I can see a plan on how he’s planning on muffling the noise, with barrier walls, earth and tire mounds, something.”
Schildwaster rejoined the conversation, directing a question to Lewis.
“I just wonder if he would be willing to reveal how many people have shot themselves at his facility in Bergen? It’s probably more than one, whether it was fatal or not, how many people have had accidental shootings in his Bergen facility?” Schildwaster asked.
Jasinski said that question wasn’t appropriate for the public hearing, but Schildwaster was undeterred.
“Why wouldn’t that be pertinent to this hearing when he’s bringing a range here and we’re talking about safety? If he’s already operating a range, why wouldn’t that be a question that the town … would have?” Schildwaster replied.
'The Question was Inappropriate'
Jasinski then asked Lewis if he wished to respond.
“I prefer not to only because I am somewhat taken back,” Lewis said. “I understand the nature of the question, but I don’t think that it was asked in a sincere way. I’ll be completely honest and I’m getting a little bit choked up. We did have a suicide at the range (The Firing Pin), which was completely unavoidable.
“I can’t control someone’s actions when they decide to make that decision, so I believe that gentleman knew that. That is the only incident that we’ve ever had in that regard. And I agree with you, chairperson, that that wasn’t appropriate.”
Lewis had opened the public hearing with a brief statement – emphasizing he wishes “to bring a professional, safe training and shooting center to the Town of Batavia, the likes of which really have not been seen in this region.”
“I think it would be quite a draw to the Town of Batavia from shooters and firearms’ enthusiasts, law enforcement, countless groups that would be interested in this type of training from the firearms side alone.”
Jasinski indicated the process of authorizing the special use permit will take some time.
“We’re not doing anything tonight. After this, we will be talking about it and putting it on the agenda. People are welcome to attend our meetings – we have a lot of things to look into,” she said.
Previously: Planners seek specifics about schedule, noise abatement as they contemplate Harloff Road shooting range plan
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A motor-vehicle accident is reported at the intersection of Clinton Street Road and Maple Avenue in Bergen.
Injuries are reported.
One vehicle is blocking the roadway.
Bergen fire and Mercy EMS dispatched.
UPDATE 5:25 p.m.: A second ambulance is requested to the scene.
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