Brenda Lee Draper, 46, of Porter Avenue, Batavia, is charged with two Class E felonies: fourth-degree grand larceny; and offering a false instrument for filing in the first degree. It is alleged that Draper did not report income that she was earning that she filed an application used to determine eligibility for the Supplemental Nutrition Assistance Program benefits. As a result, she is accused of receiving $1,775 in SNAP benefits she was not entitled to get. The investigation was conducted by Genesee County Department of Social Services Investigator Dakota Nicholson. Draper was arrested and charged by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Edward Joseph Marin Jr., 31, of South Cairo, is charged with second-degree criminal contempt. At 1:49 a.m. Oct. 11 Marin was arrested after he allegedly knowingly violated a full stay away order of protection while staying at a hotel on Park Road in the Town of Batavia. He was released on an appearance ticket and is due in Batavia Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Ryan Young.

Dylan Michael Birch, 20, of Lakeville, is charged with second-degree criminal contempt. He was arrested at 7:44 p.m. Oct. 10 on Route 237 in the Town of Stafford. No other details provided. Birch was issued an appearance ticket to be in Stafford Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy David Moore.

Jerald A. Shuler III, 27, of Batavia (no address provided), was arrested following a traffic stop on Route 246 in the Town of Covington for an alleged speeding infraction. During the traffic stop, he was allegedly found in possession of 1.65 ounces of marijuana. Shuler is charged with marijuana possession in the first degree, speeding over 55 mph, and having the driver's view obstructed. Shuler was issued an appearance ticket and is due in Town of Covington Court on Oct. 26. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

A caller to dispatch who lives in the 1200 block of Gilmore Road in Indian Falls reports three males trespassed on his property to get the water. He said he believes they are parked at the restaurant.

He wants an interview with Sheriff's deputies and to press trespassing charges. Deputies are responding.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.19, the same as one week ago (and the same as the week before that.) One year ago, the price was $2.64. The New York State average is $2.25 – down 1 cent since last week. A year ago, the NYS average was $2.71.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.20 (down 1 cent since last week)
• Buffalo -- $2.22 (down 1 cent since last week)
• Ithaca -- $2.19 (no change since last week)
• Rochester -- $2.24 (no change since last week)
• Rome -- $2.31 (no change since last week)
• Syracuse -- $2.19 (no change since last week)
• Watertown -- $2.30 (no change since last week)

The national average for a gallon of regular gasoline remains at $2.19, which is significantly cheaper than last year (-45 cents).

In a recent report from the Energy Information Administration (EIA), gas demand grew, however, the current rate is approximately 600,000 barrels per day below last year’s rate in early October allowing prices to hold steady. Pump prices could decline if demand drops due to fewer road trips taken as the weather cools.

From GasBuddy:

"Average gasoline prices largely remain rangebound as the tug of war between market forces continues to keep prices confined near current levels," said Patrick De Haan, head of petroleum analysis for GasBuddy. "On one side, the coronavirus situation would be pulling prices down as year-to-date gasoline demand stands some 13-percent lower than last year, but on the positive side is the possibility of economic stimulus that could boost households ahead of the election if the two parties can manage to agree.

"For now, with little action on either issue, oil markets are seeing a good amount of speculation and seesawing, and that will continue until we have a clear answer on whether Washington will deliver more economic aid to hard hit Americans."

Parents of children from the ages of 5 to 12 are invited to take part in Active Parenting, an evidence-based, video and discussion program sponsored by the prevention department at Genesee/Orleans Council on Alcoholism and Substance Abuse.

The six-session program will begin on Oct. 26 and continue each Monday through Nov. 30 via the Zoom videoconferencing platform. Sessions will run from 1 to 3 p.m.

“Active Parenting provides the skills necessary to achieve a fuller, more satisfying family life, and will help your children gain an increased measure of happiness and success,” said Sherri Bensley, assistant director of prevention.

It was written by Michael Popkin, who earned a Doctorate in Counseling Psychology from the Georgia State University and is one of the nation’s foremost experts on parenting education. Course materials tout a proven and effective approach to parenting that will lead to more harmony and happiness for parents and children.

The curriculum includes seven strategies for school success, along with positive discipline and communication techniques to help families run more smoothly.

Since 1983, more than three million parents have learned program. Topics of discussion include effective ways to:

• Use nonviolent discipline that really works;
• Open up lines of communication—before they get clogged;
• Teach responsibility, courage, and other important character traits;
• Encourage school success in seven steps;
• Prevent future problems with drugs, alcohol, and sex;
• Defuse power struggles with your children;
• Stimulate independence as your child grows older;
• Stop scolding and start smiling with your kids again!

To register, contact Diane Klos in Genesee County at dklos@gcasa.org, or Diana Fulcomer in Orleans County at dfulcomer@gcasa.org.

Participants are asked to provide their name, telephone number, email address, and number of children and their ages. Each participant will receive a book, workbook and a certificate upon completion.

Disclosure: Story by Mike Pettinella, GCASA publicist.

It's now a felony in New York for a police officer to use a chokehold that results in the serious injury or death of a person, but Batavia police officers who have come through the academy in the past 10 years haven't even learned that maneuver, Chief Shawn Heubusch told the city's stakeholders' group at Thursday's meeting.

Since officers aren't trained in the procedure, it isn't even mentioned in the city's use of force policy, Heubusch said.

The Batavia's Police Collaboration Advisory Stakeholder Group was formed in response to an executive order from Gov. Andrew Cuomo mandating that all municipalities with a police force form a community-based group that reviews all of a police department's policies and procedures.

Thursday meeting concentrated on Batavia's use of force policy (pdf).

Chokeholds fell out of favor more than a decade ago, but their use declined steeply after New York legislators passed a law in the wake of the 2014 death of Eric Garner. He died in New York City while in police custody and restrained in a chokehold. Even while officers continued to restrain him, Garner warned them, "I can't breathe."

As a result, the State Legislature approved the Eric Garner Anti-Chokehold Act, making "aggravated strangulation" by a police officer a Class C felony punishable up to 15 years in prison.

While the city's use of policy is silent specifically on the use of a chokehold, it does allow a police officer to use any means necessary to protect his or her life or the life of another person if somebody is in imminent danger of being killed.

An officer, for example, fighting for his or her life, could use a chokehold.

"If the officer is in serious peril, you are going to do whatever you can to prevent yourself or somebody else from being killed," Heubusch said.

The use of force policy outlines when a police officer is authorized to employ a reasonable level of force in order to effect an arrest or protect him or herself or another person, up to the use of deadly force.

Reasonable, of course, is a subjective term but a 1989 Supreme Court decision, Graham vs. Connor, provides police with a method to evaluate reasonable use of force.

What is deemed reasonable? Basically, what any other typical officer would have done under a similar set of circumstances with the knowledge the officer had the time of the incident without the benefit of hindsight. In other words, if an officer has substantial reason to believe a subject has a weapon and is likely to use it, an action taken to neutralize the ability of the subject to use that weapon is reasonable, even if it turns out later the subject didn't have a weapon.

"No policy can possibly predict every situation a police officer will face," Heubusch said. "We can't reasonably think of everything and put in a policy when there is so much judgment involved in every single action an officer takes on a daily basis."

While an officer wants to avoid or minimize the use of force, nothing in the law or policy requires an officer to retreat (unlike a civilian in a public place) in the face of a threat.

When an officer uses unreasonable force, his or her fellow officers have a duty to intervene, and a duty to report under Federal law and local policy.

"We've always had a duty to intercede in our policy," Heubusch said.

Use of force can be authorized to try and capture a fleeing criminal suspect but again, sometimes the use of force is reasonable, and sometimes it isn't. An officer wouldn't use the same force to apprehend a shoplifter that he would for a bank robber. The officer must also evaluate whether the subject is a physical threat to other people.

It's never acceptable to fire a weapon at a moving vehicle. Unlike the movies, it's rarely effective and it's a danger to others.

Deadly force is only authorized when the officer or another person is in imminent threat of death or serious injury. Imminent doesn't mean immediate, Heubusch said. 

"If you point a gun at me I don’t have to wait for that trigger to be pulled," Heubusch said. "It doesn’t matter if the gun is loaded or not. We don’t have to find out if there are actually bullets in the weapon."

Anytime any level of use of force is deployed, Heubusch said, the officers must complete a report, which is another reason officers, he said, would rather avoid the use of force if at all possible.

The report is reviewed by supervisors. The information can sometimes help identify training needs and corrective measures and in rare circumstances result in disciplinary action.

"Officers hate paperwork and when they use force, they have to report it every time they wrestle with somebody," Heubusch said.

Heubusch said the use of force reports are not public even though New York recently repealed the law, Civil Rights Law 50a, which used to make records private used to evaluation police officer performance.

The reports are apparently not aggregated into any kind of statistical table.

Committee members wanted to know more about how the police department handles complaints about the possible use of force violations, particularly what protections are in place to protect an officer who cites a possible violation by a fellow officer.

Some committee members wanted to know just how thick that "thin blue line" is that supposedly protects police officers from being reported by fellow officers.

Heubusch said the department does have a whistlerblower policy that protects employees who file complaints but also noted, it's a small department -- only 33 officers on the force -- so it's hard to remain anonymous. 

That being said, Heubusch added, "supervisors know what their job is. They are not going to put their careers on the line. It's their job and their living on the line. I think our officers are comfortable coming forward if they run into a situation. I have yet to uncover a problem of an officer reporting something to a supervisor."

Public Defender Jerry Ader

Top photo: Chief Shawn Heubusch

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A 3-percent pay raise for City School's Superintendent Anibal Soler Jr. was primarily a cost-of-living adjustment, a couple of members of the board of education told The Batavian in response to a set of emailed questions.

But not all board members responded to the request for comment.

Not responding were:

• Shawna Murphy
• Barbara Bowman
• John Reigle

Trustee Tanni Bromley provided the most detailed response.

During the annual review process, the Board approved the raise of Mr. Soler after thorough discussion during the executive session. The Board felt it was justified for a few reasons which included cost of living increase, the longevity bonus would support and promote Mr. Soler's tenure in education. And finally, the Board did feel that Mr. Soler provided a well-structured plan for our district's reopening. 

The Board always takes the public's thoughts and feelings into account when making such decisions however it is also known that our decisions will not please every community member. Our objective always remains to provide our kids with the best educational experience possible, especially during these difficult and unprecedented times. 

The board approved the raise for Soler, lifting his annual pay from $160,000 to $164,800, unanimously near the end of the same meeting where Soler outlined a looming financial crisis for the school district. The governor's office is withholding at least 20 percent of state funding because of the pandemic and that could lead to a revenue shortfall of more than $5.4 million.

The seeming incongruity of the revenue discussion and the board approving a raise for Soler was questioned by members of the local community, so The Batavian asked each board member to provide their individual reasons for approving the raise.

Board President Alice Ann Benedict first responded:

As per School law, we discuss any employee issues in executive session. We had an in-depth discussion. We then put it on the agenda under consent items and voted on the raise. It is a cost of living increase. Three percent of $160,000 is $4,800.

In an attempt to get Benedict to expand on her answer, The Batavian, in a response email, noted that state law allows elected officials to discuss personnel matters in executive session (what some call "secret session") but doesn't require personnel matters be discussed behind closed doors, nor does state law prohibit elected officials from publically discussing their thoughts on matters taken up in executive session.

In a subsequent email, Benedict said the board held a thorough, in-depth discussion about the raise in closed session.

In a follow-up, we asked Benedict about the size of the raise -- 3 percent -- when the inflation rate in 2020 has been less than 1 percent and the consumer price index in 2019 was less than 2 percent.

"We choose a combination of cost of living, merit, and equity," Benedict said. "This was all decided during a very lengthy executive session meeting." 

Peter Cecere apologized for the delayed response because of a significant family matter. He again cited that the discussion was an executive session matter:

All decisions we arrive at are done with the utmost of thought and consideration from all angles and all sides. Many times not easy and often very laborious.

Rest assured we negotiated as a group, of one voice, and consent.

In response, The Batavian again noted that as a matter of law, he is not prohibited from discussing his decision to support a raise. We got no response.

John Marucci also apologized for a delayed response, citing long hours at work, and said:

What I can tell you is that any and all decisions made by the board of education are discussed thoroughly and we come together as a group on decisions that are made. Anything that is discussed in executive session is confidential.

In response, The Batavian again informed Marucci that we were seeking his individual thoughts on the raise and that state law does not prohibit him from answering questions for the public about matters discussed in executive session. He did not respond.

As for Anibal Soler Jr., he acknowledges that the optics of the raise being approved at a meeting where he spoke about the revenue issue -- the executive session where the raise was discussed was at a prior meeting -- don't look good, but he pointed out that:

• His contract includes an annual raise;
• The board was supposed to approve a raise for him in July but Soler asked that the matter be delayed because he was busy dealing with pandemic-related issues in the district;
• Every bargaining unit in the district, the various unions, and other individual administrators have contracts that mandate annual raises. "Should I be the only one to go without a raise?" he said.

Yes, he said, the timing of the meeting, the optics, do not look good but the district, he said, is facing such a serious revenue shortfall that forgoing a $4,800 raise isn't going to fill in the hole.

He said last year he offered to skip a raise if all the other bargain units would forego their raises and the unions didn't take him up on the offer.

While the size of Genesee County's labor force shows a significant drop for August, some of this explained by normal seasonal fluctuations, says Tammy Marino, a labor analyst for the Department of Labor.

The labor force expands in the summer with students taking on jobs and for the season. This year, many college-age workers returned to campuses earlier than usual.

The August labor force for Genesee County was 29,800, down from 30,300 the month before, and down from 30,200 the year before.

Marino noted that the August number is close to the spring number. In May, the local labor force contained 29,500 workers.

There are also people who have dropped out of the labor force for various reasons, Marino said.

"There are many factors that influence people’s decision to (not) participate in the labor force," Marino said. "No child care, fear of the virus, a need to take care of a sick relative, etc. Also, long-term trends come into play here as well, a general aging of the population overall has resulted in a shrinking labor force in recent years."

There are 27,400 people with jobs living in the county, down from 29,200 a year ago. There are 2,400 people who are out of work but looking for an appropriate job, up from 1,000 a year ago.

That puts the August unemployment rate at 8.1 percent. In August of 2019, it was 3.5 percent.

Since the start of the pandemic the monthly unemployment rate has been:

• April: 14.4 percent
• May: 10.1 percent
• June: 9.5 percent
• July: 10.5 percent
• August: 8.1 percent

The September estimate has not yet been released.

Due to the Columbus Day holiday, both the Genesee and Orleans County Health Departments will be closed on Monday, Oct. 12.

There will be no map, website or media updates over the weekend or on Monday. Updates will resume on Tuesday, Oct. 13 and will include all accumulated data.

Stay safe, stay distanced and wear your masks to continue to slow the spread. Thank you for your understanding.
 

New Cases – As of 2:00 p.m. 

• Genesee County received one new positive case of COVID-19.
  • The new positive case resides in Elba.
  • The positive individual is in their 20s.
  • The individual was on mandatory quarantine prior to testing positive.
  • Sixteen new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
• Orleans County received one new positive case of COVID-19.
• The new positive case resides in Ridgeway.
• The individual is in their 40s. 
• The individual was not on mandatory quarantine prior to testing positive.
• Two new individuals are on precautionary quarantine due to travel from restricted states.

Press release:

The COVID-19 pandemic is shining a spotlight on the value of more complete medical records in assessing and assisting people who need care to become and remain healthy. Now, 300 regional Community Based Organization (CBOs) sites have connected to Rochester RHIO. 

For the first time, social services and behavioral health organizations have a more complete picture of health records, including recent hospitalizations, laboratory tests and imaging, and medications administered. The same holds true for long-term care facilities, who can contribute details about residents that can speed and improve treatment should they fall ill.

Even select non-HIPAA organizations utilize RHIO DIRECT messaging service, which enables secure point to point electronic communication between caregivers. During no other time in history has a holistic collection of health information been as vital to quality care as it is today.

CBOs work to improve the lives of residents in their geographic location, delivering services that address social determinants of health, including education, transportation, socioeconomic factors, employment status and access to healthy food and activities. With this collaboration, secure data sharing is building a more complete medical record for communities and the 1.5 million residents across the RHIO’s 14-county region. 

“We work to assure that all our population can lead healthy lives,” said Jill Eisenstein, CEO and president of Rochester RHIO. “Community Based Organizations interact with people in their everyday lives, and work to address the economic, educational and social factors that have a direct bearing on their health and well-being.

"By working in coordination with clinical providers, CBOs will be better equipped to provide their services, especially during our current public health emergency.”

CBOs connect to the RHIO Contribute service to achieve bi-directional exchange, meaning they can transmit and receive data that helps caregivers make better decisions and provide better guidance. In turn, other health organizations such as hospitals and specialists who also have permission to access the data can use it to help their assessments and recommendations.

Learn more by contacting Rochester RHIO at 877-865-7446 or info@grrhio.org.

The following community participants are located in Genesee County.

• ARC of Genesee, Orleans (NYSARC)
• Genesee County Office of the Aging
• Genesee County Mental Health
• Genesee County Public Health
• Mental Health Association of Genesee and Orleans Counties
• Lake Plains Community Care Network (Batavia)
• Le Roy Volunteer Ambulance Service
• UMMC Healthy Living Programs (Batavia)
• Western NY Independent Living (Batavia)

The full participant map is available here.

From Tim Hens, superintendent, Genesee County Highway Department:

Effective Monday, Oct. 12^th, the bridge over Whitney Creek on Judge Road in the Town of Alabama will be closing so that the bridge may be replaced. 

The bridge is immediately west of Crosby Road.

There will be a detour posted onsite for the duration of the project, which is expected to take approximately two to three months to complete.

David M. Schmieder, 26, of Silver Road, East Bethany, was arrested after he allegedly assaulted a Wyoming County Sheriff's Deputy in the Village of Gainesville last month. At 1:04 p.m. on Sept. 23 Wyoming County Sheriff's deputies responded to a complaint about a man walking down the middle of Route 19, obstructing traffic and acting irrationally. Upon arrival, Schmieder allegedly refused to follow orders and ignored deputies. When one deputy approached Schmieder, the police report says he "forcefully punched the deputy in the head." A short struggle ensued and two deputies were able to take Schmieder into custody. The defendant is accused of being found with an amount of suspected drugs in his mouth, "which he refused to spit out." The injured deputy was transported to Wyoming County Community Health System for treatment of non-life-threatening injuries. Schmieder was taken to Wyoming County Community Health System for "treatment of a medical condition." On Oct. 1 he was released from Erie County Medical Center and arrested. Schmieder was taken to Wyoming County Jail for virtual arraignment in front of Wyoming County Court Judge Michael Mohun. He is charged with: second-degree assault; tampering with physical evidence; obstructing governmental administration in the second degree; resisting arrest; disorderly conduct -- obstructing traffic; and violation of probation. Schmieder was put in Wyoming County Jail without bail on the count of violation of probation. On the other charges, bail was set at $100,000 cash, $200,000 either bond or partially secured bond (same amount).

Hope Marie Grasso, 50, of Haven Lane, Le Roy, is charged with: criminal possession of a forged instrument in the second degree; attempted grand larceny in the third degree; and attempted grand larceny in the fourth degree. She was arrested at 10:04 p.m. Thursday, Oct. 8. Grasso had allegedly possessed two fraudulent checks that amounted to a combined total of $52,800 and she is accused of trying to cash them at a local bank. She was put in jail and was scheduled to be arraigned this morning (Oct. 9) in Batavia City Court. The case was investigated by Genesee County Sheriff's Deputy David Moore.

Francisco Martinez Jr., 47, of Maple Street, Batavia, is charged with: open container of alcohol on public property; petit larceny; two counts of endangering the welfare of a child; and second-degree harassment. He was arrested after an investigation into a disturbance at 3:38 p.m. Oct. 3 in Austin Park on Jefferson Avenue in Batavia. He was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman, assisted by Officer Adam Tucker.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with burglary in the second degree -- illegal entry into a dwelling, and disobeying a mandate of a judge. Gibson was arrested at 3:24 p.m. on Oct. 4 on Washington Avenue in Batavia after allegedly unlawfully entering the home of a person with a complete stay away order of protection. Gibson was arraigned in Batavia City Court via Skype and released under supervision of Genesee Justice with a 24/7 house arrest order. Gibson was due to return to court on Oct. 8. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with second-degree harassment. Helm was arrested on Oct. 5 after an investigation into an incident that occurred on State Street at 3:10 on Sept. 28. Helm is accused of pushing and punching another male during an altercation. Helm is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Samuel Freeman.

David James Leroy, 28, of Gabbey Road, Pembroke, is charged with second-degree harassment. He was arrested at 1:24 this morning, Oct. 9, after an alleged altercation with another person. Leroy was released with an appearance ticket to be Pembroke Town Court on Oct. 21. The case was handled by Genesee County Sheriff's Deputy David Moore.

Zachary V.D. Seeley, 23, of Lyman Road, Bergen, is charged with aggravated criminal contempt. He was arrested on Oct. 5 following an alleged violation of an order of protection that occurred at 9:09 p.m. Sept. 26 on Ellsworth Avenue in Batavia. Seeley was arraigned in Batavia City Court via Skype then put in jail "until his return date" to court on Nov. 19. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Dan Coffey.

Jeffery Robert Roth, 54, of South Main Street, Oakfield, is charged with second-degree criminal contempt for allegedly disobeying a court order. Batavia Police Officer Peter Post arrested Roth on an active arrest warrant out of Batavia City Court and the defendant was arraigned on Oct. 4 via Skype. Roth was put in jail on $2,000 cash bail or $4,000 bond and is due back in court on Nov. 5. Post was assisted by Batavia Police Officer Kevin DeFelice.

Grace C. Murray, 21, of Hawks Road, East Bethany, was arrested Oct. 2 after she turned herself in at Batavia Police Headquarters on a bench warrant out of Batavia City Court. It was issued after she allegedly failed to appear for sentencing on an undisclosed matter on Sept. 15. Murray is to return to court on Oct. 15. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Adam Tucker.

A customer at the Sunoco Gas Station and convenience store adjacent to the MacDonald's on East Main Street in the city called police after allegedly being harassed by a clerk there.

She told a dispatcher she was harassed and when she attempted to buy something, the clerk "told to get out of the store, and starting swearing at her. He's outside now recording her" on his cell phone.

The customer is inside her red Pontiac Vibe and two police units arrived on scene a couple of minutes ago.

A caller to dispatch reports that a group of juveniles on North Spruce Street in the area of North Street were taking down Biden political signs and replacing them with Trump signs.

They are riding bicycles and skateboards. The caller says a neighbor is one of the people whose sign was replaced.

City police responded to the area but with "negative results" -- the youths left.

UPDATE 1:30 p.m.: A caller to dispatch reports a group of kids on bicycles are in the area of Chase Park and Elm Street "with a large amount of election signs." An officer is out with the juveniles now.

Yes. I would pack the Supreme Court to save choice, marriage equality and pre-existing conditions.

Pack the hell out of it.

— Nate McMurray for Congress 2020 (@Nate_McMurray) October 8, 2020

Press release:

Congressman Chris Jacobs (NY-27) criticized his opponent Nate McMurray for supporting the radical left agenda of “packing the Supreme Court,” which refers to dramatically expanding the number of Supreme Court Justices on the bench and appointing far-left justices in all the new seats.

“Pack the hell out of it.” wrote McMurray in a recent tweet.

“This is very dangerous to the future of our democracy,” Jacobs said. “This radical left ‘packing’ effort would undermine the separation of powers and the independence of our judiciary.

“AOC, Ilhan Omar, and now Nate McMurray, will do whatever they can to force their radical agenda on the American people, even if it means destroying our core and fundamental democratic institutions. We must all denounce this radical and destructive agenda."

A rainbow in Byron yesterday. Submitted by Dan Kemp.

In Le Roy. Submitted by Angela Torcello.

The Genesee County Planning Board is asking the Byron Town Board to consider revisions to a couple sections of its proposed local law on solar energy systems.

Planners on Thursday night approved the referral from the town for zoning text amendments governing the placement of solar projects, but not before Planning Director Felipe Oltramari pointed out issues with wording in sections pertaining to property values and prime farmland.

On the clause addressing the impact of large-scale solar projects upon property values, Oltramari said it lacked clarity and detail, noting that it was just one sentence. The section in question currently states:

Property Value and Taxpayer Protection: Tier 3 and Tier 4 Solar Energy Systems, once constructed and operational, shall not reduce the property value of adjacent parcels where a parcel owner is not in privity of contract with the applicant or its successors, agents or assigns.

Oltramari said that description “needs to be fleshed out some more” and said that without an appraisal before and after the project siting, it would be difficult to prove how much, if any, the value of the property had changed.

He said he realizes that the town consulted with attorneys to draft the plan and didn’t want to overstep their expertise, but he said he “had concerns about the clarity and the practicality of having something like that that can’t really be enforced.”

On the use of prime farmland, Oltramari said he understands the reasoning behind limiting projects to no more than 10 percent of prime farmland – as is the case of the 280-megawatt Excelsior Solar Project under Article 10 of New York State law – but he believes the proposed local law doesn’t go far enough in its description of prime farmland.

He said a local resident mentioned a soil survey that determines how much prime farmland is in the town, specifically noting a category called “prime if drained.”

“That means that if the landowner puts in what they call tiling – drainage to make the soil drain better, then the land becomes prime farm if those improvements are made to the fields,” he said. “But whether or not the field is tiled, only the property owner knows and maybe a few others. You would have to know how much of that farmland is actually drained. If you don’t know that, you don’t know the full percentage of prime farmland in the town.”

Oltramari said he expects the Byron Town Planning Board to review the proposal and issue recommendations to the town board, and hopefully will take a look at those two sections.

County planners briefly discussed NextEra Energy Resources’ 1,700-acre Excelsior project that is in the hands of the state Board on Electric Generation Siting and the Environment.

While Oltramari said large solar arrays such as this “are supposed to adhere to local regulations,” Article 10 – and now the Accelerated Renewable Energy Growth and Community Benefit Act -- supersedes local planning board authority.

In other action, planners:

• Approved a special use permit and downtown design review for the Downtown Revitalization Initiative project to renovate the Main Street Pizza building at 206 E. Main St.

As first reported on The Batavian, applicant Paul Marchese, doing business as Just Chez Realty LLC, submitted plans to create two apartments on the second floor and change the exterior of the building at 206 E. Main St.

The only stipulation in the planners’ approval was that the project meets Enhanced 9-1-1* standards.

Marchese’s request now will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

• Approved a zoning map change request from R-1 (residential) to C-2 (commercial) by James Barsaloux to offer local craft beer, food and live music, at his farm market operation at 8041 E. Main Road, Le Roy.

Oltramari said the Town of Le Roy’s comprehensive plan indicates acceptance of a mix of residential and commercial operations in its future land use.

Planners said they were concerned about traffic and noise, and hoped that the town would conduct a proper review of the site plan and special use permit to mitigate any potential problems.

Barsaloux said that he intends to have live music only a couple nights per month and no later than 9 p.m., adding that he wants to keep “a family atmosphere … not another bar.”

• Approved a special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

The project came before planners in August, when they granted an area variance for the public garage, which will be set up as a vocational training site for people in recovery from substance use disorders.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Previously: County planning agenda includes special use permit referral for Main Street Pizza building.

Press release:

• Genesee County received eight new positive cases of COVID-19.
  • The new positive cases reside in Alabama, Batavia, Elba and Stafford.
  • Two of the positive individuals are between the ages of 0-20, one individual is in their 40s, two individuals are in their 50s, one individual is in their 60s, and two individuals are in their 80s.
  • Three individuals were on mandatory quarantine prior to testing positive.
  • Twenty-one new individuals are on precautionary quarantine due to travel from restricted states.
  • One of the positive individuals is hospitalized.
  • One of the individuals is a resident at the New York State Veterans Home.
• Orleans County received two new positive cases of COVID-19.
  • The new positive cases reside in Albion and Yates.
  • One of the individuals is in their 20s and one individual is in their 30s.
  • The individuals were not on mandatory quarantine prior to testing positive.
  • Seven new individuals are on precautionary quarantine due to travel from restricted states.