As Batavia Town planners moved a pair of solar farm projects ahead Tuesday night, they debated the ramifications of more of these ventures upon agricultural land in the future.

The planning board approved seeking lead agency status for state environmental quality review for 11-acre solar farms on properties owned by Thomas Lichtenthal at 8169 Bank Street Road and Call Farms at 7755 Oak Orchard Road.

Both landowners are working with ForeFront Power to repurpose a portion of their 93-acre and 83.5-acre parcels, respectively, to connect to the power grid and generate about two megawatts of power each – enough electricity to service about 300 homes.

In typical solar farm agreements, property owners receive “rent” for using their land, which becomes a vehicle to produce electricity from a clean, renewable source -- while the solar company benefits by selling the solar power to the utility company.

The Lichtenthal and Call farms proposals first came to the planning board in December 2015.

Genesee County Planning Director Felipe Oltramari reported that the area to be used on the Call Farms property was not prime land for farming, while the Bank Street Road site is in an archeologically sensitive area and will need additional documentation.

Following their positive lead agency votes, board members and Oltramari discussed the solar farm issue in the context of the loss of prime agricultural land.

As the only town in the county that has zoning for solar farms, Oltramari said the protection of farm land “could become an issue as you get more of these” projects.

Planner Lou Paganello said he could see things getting out of hand.

“I didn’t think we’d be talking about giving up to 100 acres,” he said. “Where do we stop things from getting out of control? What are our options?

“Looking at the long term, we could have 50, 100 or 200 of these coming in. We need to know our legal rights and limits.”

Code Enforcement Officer Daniel Lang reminded board members that they had previously discussed solar farms at length and had decided to allow them as long as they didn’t exceed 20 acres.

“I think we should have done it (consider other restrictions) then, not after we’ve received applications,” he said.

Planner Jeremy Liles agreed with Lang, adding “how can we regulate the way someone uses their land?”

Town Engineer Steve Mountain noted that the local law was enacted to limit solar farms in size and that the special use permit process “gives us more say” concerning the most beneficial use of the land – a point echoed by Lang.

While some said they foresee many more solar farm applications down the road, planner Paul Marchese said he wasn’t so sure of that.

“I don’t think there will be an explosion because of the requirements that they (solar farms) need to be so close to the (power) grid,” he said.

In other developments:

-- Planners approved the construction of a 64-foot by 150-foot open air pavilion that would be attached to the existing building at the Bontrager Auctions site at 8975 Wortendyke Road. Voting came after planners determined that the project would have no impact upon the environment.

Owner Todd Jantzi said he will employ Dave Bennett Construction to build the pavilion, starting in March. He said that the covered structure, which will replace a tent, will enable him to conduct auctions year-round.

-- The board discussed a proposal by Pellegrino Auto Sales to put on a three-bay addition, measuring 1,200 square feet, at the dealership located at 4060 Pearl Street Road.

This proposal needs to go through the variance process, starting with the Genesee County Planning Board to the Town Zoning Board of Appeals and back to the Town Planning Board.

-- Town Engineer Steve Mountain said that the town has completed three of four required “high-impact actions” toward its goal of achieving Clean Energy Communities status and earning one of 14 grants in the Genesee/Finger Lakes Region -- 10 at $50,000 and four at $100,000 -- through the New York State Energy Research and Development Authority program.

Mountain said that the town has successfully implemented the Benchmarking, Unified Solar Permit and Energy Code Enforcement Training actions, and expects to finish the LED Street Lights component by this summer. The town has about 70 street lights that need to be converted to energy-efficient LEDs.

On Monday night, City of Batavia officials attended a presentation on the program, which was reported on The Batavian.

Update, 11 a.m., Feb. 8:

Contacted by The Batavian this morning, Robert Chiarmonte, Mall Merchants Association board chairperson, would not comment on Tuesday's meeting.

"I've been advised by counsel (attorney) to not speak about the negotiations," Chairmonte said.

He did say that another meeting is planned and it will be "soon."

City Centre business owners and managers met Tuesday afternoon with Mall Merchants Association leadership and attorneys to learn the details of a proposal to end a 10-year dispute with the City of Batavia over the condition of the structure's roof.

A person close to the negotiations said a mediator had been called in to facilitate an out-of-court settlement over who is responsible for the maintenance of the mall's leaky roof.

City Manager Jason Molino said the two sides "continue to work toward a mutual agreement, with ongoing discussions" focused on settling the issue "outside of court, if possible."

A Level 3 sex offender facing a possible life sentence on his latest charges of alleged sexual conduct with a child won't get a chance to make bail, Interim Judge Micheal Pietruszka ruled in Genesee County Court this morning.

Marlek Holmes is facing the possibility of four different jury trials on Grand Jury indictments containing 30 counts of various sex offenses, District Attorney Lawrence Friedman said in County Court today.

There are six Grand Jury indictments, with two being incorporated into other indictments to create the possibility of four different trials on each set of charges.

"I haven't even thought about that yet," Friedman said when County Court Judge Charles Zambito asked him which case he will go forward with first if the 42-year-old Holmes doesn't accept a plea offer.

Friedman also revealed he hasn't even decided yet on what offer he might hand over to the attorney for Holmes, Gerard Roux.

A plea offer will be put into writing in the next few days, Friedman said, but Roux is about to leave on out-of-town travel so Holmes won't be back in court until 1:30 p.m., March 1.

At that time, Holmes will either be able to accept the plea offer or the first case will be set for trial.

If Holmes goes to trial and he is convicted, the registered sex offender is facing a potential sentence of life in prison.

The counts against Holmes include two Class A felonies in the last indictment -- predatory sexual assault and predatory sexual assault against a child -- Holmes could be sent to prison for the rest of his life.

In all, Holmes is charged with 11 counts related to alleged sex crimes between 2010 and 2015, plus there are also charges still pending stemming from two prior incidents where Holmes allegedly failed to register his correct street address as a registered sex offender.

Also in court today, also represented by Roux, was Marquis Saddler. The 26-year-old Saddler is facing felony burglary and assault charges for his alleged role in a home invasion attack in October on residents on Central Avenue, Batavia. Saddler's case was also continued until March 1 with the expectation that Friedman will have a plea offer ready before then for the consideration of Saddler and his attorney.

Boys Basketball 

• Byron-Bergen 67, Holley 40 FINAL
• Pembroke 59, Oakfield 57 FINAL
• Kendall 55, Wheatland-Chili 37 FINAL

Girls Basketball

• Pavilion 50, Honeoye 36 FINAL
• Lyndonville 51, Rochester Academy 50 FINAL

Shaking out Stats and Scores from Monday in HS Sports

We've not reported on the dismissal of Rick Rapone as head coach of the Le Roy boys varsity basketball, a story first reported by Batavia's Best, in part because we wanted to try and get a better idea of what happened.

We checked with sources and couldn't get even a hint of what might have happened and the school never replied to an email seeking comment or even confirmation.

Today, another news outlet threatened to boycott coverage of the Le Roy High School athletic program because reporters and editors there feel the school district hasn't been forthcoming with information and they expect the school to apologize for firing Rapone.

Though some might like us to join such a boycott, we are not going to engage in such theatrics. 

• First, we don't know what happened, and we're never going to know. The school district or the school can't tell us and it's unrealistic to demand such disclosure from administrators;
• Second, while I admire many coaches in our community, and Rick Rapone always treated me well, The Batavian doesn't cover sports to highlight coaches. We cover sports to highlight players. It's about the kids, not the coaches, and I believe that's how Rick Rapone would want it as well.  

So, we will continue to cover Le Roy athletics in the same manner and frequency we always have (which is to make it part of our rotation of coverage of trying to provide some coverage to all the schools with our limited resources).

NOTE: As a matter of transparency, I read the column in question at about 12:30. There's a timestamp on it now that it was last updated at about 1 p.m.,  I posted this just before 4 p.m., but, frankly, did not think at that time to check to see if the column had been altered. The threat to boycott coverage has been removed.

GLOW YMCA’s is kicking off its annual Strong Communities Campaign.

Part of the Y’s charitable mission is the philosophy that we never turn away someone with an inability to pay for membership or programs. To that end, we raise funds annually through the Strong Communities Campaign to help subsidize scholarships for youths, teens, adults, families and seniors in our community.

• This year’s campaign runs from Feb. 1st  – March 31st; 
• Our goal is to raise $36,000;
• We want to positively impact at least 700 people’s lives in the Greater Genesee Community;
• Reaching our goal will insure that children and families regardless of their socioeconomic status will have the chance to benefit from the important lessons of caring, honesty, respect and responsibility through YMCA programs and services.

We need your help! Please consider a gift to support us in achieving this goal and making our community stronger for all. To make a gift, contact Jeff Townsend, associate executive director at (585) 344-1664.

A person was reportedly attacked by a dog on State Street in the city and has multiple bite wounds. Police and Mercy medics are responding to 160 State St., lower apartment. The dog is now confined.

UPDATE 12:24 p.m.: An animal control officer is on scene and working to determine the status of the dog that bit a man. The dog is in the basement of the building where it lives. It is an older golden retriever/Labrador retriever mixed breed. It was playing inside with a newly acquired puppy that is a boxer mixed breed. The couple who owns both dogs was at home. The animal control officer said he was told the dogs have not been getting along well. Their play began to get aggressive and there was growling. The male resident tried to break up what became a dog fight and was subsequently bitten by the older dog, said the animal control officer. The man suffered bites on an arm and a leg, which will likely need stitches, and he was transported to UMMC.

A freezing rain advisory has been issued by the National Weather Service for Genesee County and is effect until 1 p.m.

An accumulation of ice on roadways and sidewalks of only a few hundredths of an inch will make for slippery conditions and caution is advised.

Press release:

In celebration of Darien Lake Amphitheater’s 25th concert season, Live Nation, the amphitheater operator is partnering with Darien Lake Theme Park to offer an amazing deal to concert ticket buyers for this season. Each ticket purchased for a concert at the amphitheater will include complementary same-day admission into Darien Lake Theme Park. The offer will be valid for all tickets purchased for any concert at the amphitheater that occurs during the theme park’s operating schedule.

The 25th season lineup at Darien Lake Amphitheater is already shaping up to be one for fans of all types of music, including appearances by Luke Bryan, Green Day, Chicago & The Doobie Brothers, Train and many more to be announced in the coming months.

“This historic offer is a great way to honor the long history of the amphitheater, as well as its unique proximity to the theme park. This promotion is a great savings to the concert fan and thrill seeker alike – it truly is the deal of the summer,” said Jim Koplik, Live Nation president of Upstate New York and Connecticut.

In previous years, concertgoers wanting to enjoy a day at the Theme Park would have needed to purchase a combo ticket in advance or at the gate for a cost that has ranged from $9.99 to $19.99 plus fees.

“In celebration of our 25th season of concerts at Darien Lake, we’ve partnered with Live Nation to add some extraordinary value to the experience. Where else can you ride coasters all day and rock out all night with the greatest stars in the music industry?” said Chris Thorpe, general manager of Darien Lake Theme Park.

The visiting Pembroke Dragons defeated the Oakfield Hornets Monday in a game that was hard fought to the bitter end. The first half ended tied at 26 and both teams traded baskets through the second half, leading to a 57-57 tie with less than 30 seconds remaining in the game. Pembroke went on to score two points with just over 20 seconds left on the clock, followed by a huge stop on defense to secure the Dragons' victory. 

Leading scorers for Pembroke were #15 Kyle Ludwig (pictured above) with 14 points, and #10 Ried Miano (pictured below) with 13 points. 

Photos by Destin Danser Photography. Click here to view more and purchase photos.

City of Batavia leaders are exploring the possibility of receiving up to $100,000 in grant funding through the New York State Energy Research and Development Authority’s Clean Energy Communities Program.

Public Works Director Matt Worth, Maintenance Superintendent Ray Tourt, Waste & Wastewater Superintendent Jim Ficarella and City Council members Adam Tabelski and Rose Mary Christian attended an hour-long presentation Monday night to learn the ins-and-outs of the program, which recognizes and rewards local governments for implementing a clean energy strategy.

The CECP is a $16 million statewide initiative to help municipalities reduce energy consumption and drive clean energy use, said David S. Zorn, executive director of the nine-county Genesee/Finger Lakes Regional Planning Council and regional program coordinator.

Of that $16 million, $1.7 million in grants has been allocated to communities in the Genesee/Finger Lakes Region that achieve “Clean Energy” status.

Local governments that achieve at least four of 10 “high-impact actions” will earn CEC designation and then be eligible to access the grant funding, Zorn said.

“We will provide the resources and technical assistance to help local governments take action that could result in significant money saved at the municipal level, and also create jobs and improve the environment,” he said. “And we’re not just throwing a manual to you or giving you a link to a website. We actually have people in our office to assist you.”

Zorn outlined the 10 high-impact actions during his presentation at City Centre Council Chambers.

He said that Batavia, as a city, would be able to choose any of the 10 in its effort to obtain a grant for small/medium populations (under 39,999 people). He said that four $100,000 grants and 10 $50,000 grants will be awarded to communities in that population range in the Genesee/Finger Lakes Region -- and no local match would be required.

For large population centers (40,000 and over), NYSERDA will be awarding two grants of $250,000, and two grants of $150,000.

The 10 high-impact actions are as follows:

-- Benchmarking: Using the EPA (Environmental Protection Agency) portfolio manager software, the community reports the energy use of municipal buildings to the public on an annual basis.

-- Clean Energy Upgrades: The municipality must achieve a 10-percent reduction in the greenhouse gas emissions from its buildings through upgrades and renewable energy.

-- LED Street Lights: One of the “poster children” of the program, according to Zorn, this action item requires the locality to convert at least half of its cobra head-style street lights to energy-efficient LED technology.

-- Clean Fleets: Communities must install an EV charging station and/or other alternative fuel infrastructure OR deploy alternative fuel vehicles in the municipal fleet. In the case of the LED street lights and clean fleets, the NYS Power Authority offers low-interest financing and assessment assistance, Zorn noted.

-- Solarize: This is a campaign where communities or a third-party facilitator oversee at least 10 residential or small business rooftop solar installations. Zorn said discounts as well as state and federal tax incentives apply to these types of projects.

-- Unified Solar Permit: Municipalities pass legislation to adopt the NYS Unified Solar Permit to reduce costs and delays for solar projects.

-- Energy Code Enforcement Training: A one-on-one training for the community’s code enforcement officer and two other employees, this action results in “best practices” code enforcement by focusing on collaborative plan reviews and joint inspections of local construction projects.

-- Climate Smart Communities Certification: Localities can earn bronze, silver or gold designation by complying with this comprehensive rating system. Zorn said that 11 communities in Genesee/Finger Lakes have made this pledge, with the City of Rochester already achieving certification.

-- Community Choice Aggregation: A type of “bulk buying” program, this action item gives municipalities the opportunity to transition to alternative energy sources by enlisting residents and business owners to purchase energy at lower prices.

-- Energize NY Finance: An option for cities and counties only, this allows commercial or nonprofit property owners to pay back the cost of clean energy upgrades to their buildings through a special charge on their property tax bills.

Zorn said that the CECP has been going since last summer and thus far more than 50 municipalities in this region have been advised of the program.

“But nobody has gotten to four (high-impact actions) yet,” he said.

Tabelski and Christian said they will report on the CECP at the next City Council meeting, which is scheduled for Feb. 13.

“We’re looking at all aspects of the program,” Tabelski said. “We can’t cross any of these things off the list. We need to see how we can apply them to the city.”

Zorn said his agency is promoting a webinar series through next month and will be sponsoring workshops in May. For information about the webinars, click here.

Photo -- David Zorn informs City of Batavia officials about the finer points of the Clean Energy Communities Program on Monday night. Photo by Mike Pettinella.

Press release:

The New York State Senate has passed legislation (S4159) to allow ride-sharing services in Upstate New York. State Senator Michael H. Ranzenhofer has issued the following statement:

“Thousands and thousands of residents, all across Upstate New York, have been demanding the expansion of transportation network companies beyond New York City. That is why I was proud to cosponsor and vote for legislation today to bring ride-sharing services to Western New York.”

“This common-sense bill establishes an appropriate level of provisions to ensure suitable drivers and the safety of all passengers while excluding an excessive burden of taxes and workers compensation costs. More importantly, the proposal secures every dollar, collected by the state from ride-sharing services, for infrastructure improvements for our roads and bridges.”

“Overall, this new transportation service will help to create thousands of jobs, boost tourism spending, support local businesses and reduce drunk driving deaths. Now, the State Assembly is in the driver's seat, and it's time for the State Assembly to approve this legislation.”

State Police are looking for this man to question regarding a larceny at Crocker's Ace Hardware on Route 19 in Le Roy.

The theft occurred sometime around 5:45 p.m., Thursday.

The subject was driving a dark-colored Jeep Cherokee/Dodge Durango type of vehicle and wearing a Bass Pro baseball hat.

Those with information to assist in the case can call Trooper Mark Catanzaro at the State Police Barracks in Batavia, (585) 343-2200

Batavia High School senior Lexi Wahr took First Place in the individual routine competition this weekend at the Empire Cheer Competition. She competed against 15 other cheerleaders and had the highest all-around score. The individual routine is judged on jumps, dance and cheer.

Info and photo submitted.

Both sides have agreed to drop their lawsuits against each other in the years-long battle over who is responsible for the condition of the roof over City Centre, City Manager Jason Molino told WBTA this afternoon.

The City Centre Mall Merchants Association is scheduled to meet tomorrow to discuss a proposed settlement, according to a document acquired by WBTA.

The agreement will include an out-of-court settlement, Molino said, but he declined to reveal when the settlement will be made public.

The merchants have long maintained that the city is responsible for repairing the mall's leaky roof while the city has asserted that the mall association failed to keep up with routine maintenance. 

Via The Batavian's news partner, WBTA.

Press release:

At the beginning of the 2016-2017 school year, the Byron-Bergen Central School District began a formal School Safety Audit. The purpose of this audit was to examine the overall safety within the district, and if needed, make recommendations for improvements. The safety audit used student and faculty surveys, a walk-through inspection using a 466-point inspection checklist that focused on both the exterior and interior of the buildings, and personal interviews with students, faculty, and administrators.

The school’s resource officer, Deputy Matt Butler, who was tasked with conducting the audit said, “School safety is the responsibility of everyone — faculty, students, parents, and the community. The audit is a proactive process that helps ensure that students achieve their learning potential within a safe and secure environment.”

Butler compiled the data and presented findings to school administrators and the Board of Education on Feb. 2. The report includes practical recommendations for expanding security, but found a high level of safety currently exists in the schools. It also shows a steady growth in attendance and decrease in infractions and disciplinary problems over the past three years.

Assisting with the audit were Byron-Bergen faculty, parents, local EMS personnel, a Byron-Bergen Board of Education member, and a representative from the mayor’s office at the Village of Bergen. “This was a great opportunity to get the community involved in our school district,” Butler said.

In recognition of the district’s appreciation, special certificates of thanks were awarded during the board meeting to: Scott Bradley, Michelle Caballero, Kim Carlson, Amanda Cook, Andrew Doll, John Durand, Mickey Edwards, Bob Fedele, Paula Hohn, Mike List, Jeff Parnapy, Vicky Shallenberger, Faline Tyler and Jay Wolcott.

Photo: Superintendent Mickey Edwards, BOE President Debbie List, Michelle Caballero, Deputy Matt Butler, John Durand, Mike List. In front are Kim Carlson, left, and Bob Fedele.

Press release:

The Batavia Ramparts Squirt Travel Hockey Team won Bronze competing in the Empire State Winter Games in Lake Placid this last weekend.

The team is made up of 9- and 10-year-olds from the Batavia area.

They include; Owen Bentley, Bronx Buchholz, Chase Cummings, Francesco Falleti, Jake Hutchins, Brady Johnson, Andrew Jursted, Orion Lama, Jameson Motyka, Sammy Pies, Evan Schwerthoffer, Anna Stevens, Justin Valyear, Noah Whitcombe and Mac Wormley.

The team is coached by Jeff Whitcombe, Pete Stevens and Chad Valyear.

On Friday, Feb. 3^rd Batavia played the Tupper Lake Lumberjacks and won 9 to 2.

On Saturday, Feb. 4^th Batavia played two games, the first one was against the Saugerties Mustangs and they tied 4 to 4. The second game of the day was against Sara Placid, which was also played to a tie of 2 to 2.

On Sunday, Batavia played the Cortland Flames and won 14 to 0.

The Batavia Ramparts completed round robin play and ended up tied for second place but lost the tiebreaker and ended in third place which set them up to play the fourth-place team in the Bronze Medal game. Batavia faced off against the Oswego Buccaneers and won 4 to 2, clinching the Bronze Medal for the weekend.

The Ramparts ended the weekend undefeated with a record of 3-0-2.

Matthew Derrick will be released from jail today, likely to receive credit for time served, and not have to return if he can stay out of trouble.

At a lengthy hearing today, Derrick, whose case was delayed Dec. 7 so he could be evaluated for the mental competency to understand court proceedings, entered a guilty plea to attempted criminal possession of a weapon, 3rd.

As part of the plea deal, Derrick is eligible for what's called a shock probation sentence, which means no more than six months in jail and five years probation, instead of the 1-4 year prison term Derrick would face if he took the case to trial.

The charge stems from an incident in October when Derrick threatened people with a corkscrew, and made statements about cutting them open and killing them.

One witness, according to District Attorney Lawrence Friedman, said Derrick had a knife, and while a corkscrew was recovered from the scene, no knife was found at the time of Derrick's arrest.

Derrick entered his plea under terms known as an Alford plea. In other words, Derrick did not admit to the facts of the case, just that the evidence was sufficient that he faced a high probability of being found guilty by a jury.

The likely sentence for Derrick, Judge Charles Zambito indicated, is four months, if Derrick stays out of trouble while under supervision of Genesee Justice; however, since Derrick has already been in jail for just two days shy of four months, Friedman agreed to modify to plea deal to subtract those two days from the sentence.

When Derrick last appeared in court, he seemed not to understand the court proceedings and Lisa Kroemer, with the public defender's office, explained the proceedings to him.  Then interim Judge Micheal Pietruszka expressed concern about Derrick's ability to understand his instructions. He ordered Derrick to undergo a mental competency evaluation.

Two doctors examined Derrick and both found him mentally competent enough to understand the proceedings. Zambito accepted the report after both Friedman and Kroemer waived a hearing on the topic.

In court today, Derrick answered most of Zambito's questions promptly, with a clear, "Yes, your honor." He expressed confusion about a couple of points but quickly said he understood once the issues were rephrased. Zambito was very careful throughout the proceeding to ensure Derrick understood exactly what he was agreeing to and what rights, such as the right to appeal, he was waiving.

There was discussion about how to handle three orders of protection. One or more of the people covered by the orders live in the same apartment building as Derrick and his wife. Derrick will live with his grandmother in Le Roy until suitable language for the orders is worked out.