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School district election results 2021

By Howard B. Owens

Alexander

  • Budget, passed 248-161
  • Proposition #2, bus purchases, passed 289-118
  • Proposition #3, reserve fund, passed 292-117
  • Proposition #4, reserve fund, passed 280-125
  • Proposition #5, school bus reserve fund, 278-126
  • Board election: One five-year term, Lindsay Bessey, 305; Josselyn Borowiec, 91.

Batavia

  • Budget, passed 490-104
  • Energy performance contract, passed 480-115
  • Student ex-officio, non-voting board member, passed 558-38
  • School board, vote for three: John Reigle, 471; Brenda Good, 448, Jennifer Lendvay, 461; Shawna Murphy, 284.

Byron-Bergen

  • Budget, passed 242-69
  • Proposition #2, bus purchase, passed 240-145
  • School board election: William Forsyth, 291; Debra List, 261.

Elba

  • Budget, passed 105-27
  • Proposition #2, capital reserve fund, passed 103-29
  • Proposition #3, bus purchase, passed 108-24
  • Board election, elect one: Michael Hare, 118.

Le Roy

  • Budget, passed 396-124
  • Proposition #2, bus and vehicle purchase, passed 122-93
  • Proposition #3, library budget, passed 425-93
  • School board election, vote for three: Lucas Weaver, 391; William Mackenzie, 390; Christine Dowell, 305; Darcy Porter, 197.
  • Library trustee election: Mary Young-Murray, 482.

Oakfield-Alabama

  • Budget, passed 282-58
  • Proposition #2, reserve fund, passed 271-61
  • School board election, vote for two: Maria Thompson, 249; Jeff Hyde, 146; Lorna Klotzbach, 140; Timothy Edgeton, 104.

Pavilion

  • Budget, passed 169-23
  • School board election, Jeff Finch, 149.

Pembroke

  • Budget, passed 236-76
  • Proposition #2, bus purchases, passed 238-73
  • Proposition #3, capital project, passed 238-73
  • School board election, one vacancy, no candidates. Dan Lang received 25 write-in votes but is declining the seat. The Board of Trustees will appoint a person to fill the vacancy until the next election.
  • Corfu Public Library, Jason Long and Patrick Weissend were elected.

Fire, emergency services consulting firm reps plan trip to Genesee County in July to address staffing dilemma

By Mike Pettinella

The Genesee County Emergency Services Task Force on Monday night took another step on the road to a countywide “reliable, capable and professional” fire and emergency response strategy by interacting with project managers of the Municipal Resources Inc., a consulting firm headquartered in Plymouth, N.H.

Emergency Services Coordinator Tim Yaeger reported on the Zoom call with MRI representatives Brian Duggan and Peter Finley Jr.

Duggan is director of Fire EMS & Emergency Management Services, and Peter Finley Jr. is senior associate for Fire EMS & Emergency Management Services.

“Our initial work is to get a lot of data sets to them – demographics of the county, the number of fire calls, number of EMS calls – as they want to be familiar with us before they come to Genesee County,” Yaeger said. “Then we want to get information out to the fire companies and to the general public about why this study is being done.”

The Genesee County Legislature is on board with allocating up to $101,675 to fund MRI’s study of the emergency response situation in the county and to develop a plan to ensure that all areas have enough staffing to meet the public’s needs and expectations.

“The end goal is to have a reliable, capable and professional emergency services response,” Yaeger said. “It’s a countywide problem and we need a countywide solution or solutions. Right now, we’re all over the board; some days we’re reliable and some we’re not.”

Yaeger said the MRI managers plan to make at least four trips to Genesee County for meetings, with the first one expected to take place at the end of July. He added that media briefings with the consultants will be slotted into their visits.

He also said surveys are being developed as the task force wishes to receive feedback from “anyone who has a vested interest in public safety.”

Calls to Duggan for comment on MRI’s framework and timeline for implementing change were not returned at the time of the posting of this story.

Previously: Yaeger: Paying 'volunteers' is an option as county seeks outside help to solve emergency response woes.

Garage fire reported on Liberty Street

By Howard B. Owens
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A fully involved garage fire is reported at 202 Liberty St., Batavia.

City fire on scene.

UPDATE May 19, 1:45 p.m.:  Press release from City Fire.

At 8:11 pm on May 18, 2021 the City of Batavia Fire Department was dispatched to a reported garage on fire located at 202 Liberty Street. First arriving units were on-scene at 8:15 pm.

Upon arrival, firefighters found a fully involved garage fire with direct flame impingement upon the adjacent home. Responding crews made an aggressive exterior attack on the garage and a concurrent interior attack containing and extinguishing the fire to a single room on the second floor. The situation was call under control by on-scene fire command at 8:39 pm.

The home was occupied with three residents and one pet that were able to self-escape prior to the fire department’s arrival. Due to the intensity of the fire, the home received significant smoke, heat and water damage. 

At this time the City of Batavia’s Fire Investigation Team are investigating the fire to determine the origin and cause. 

City Fire was assisted at the scene by the City of Batavia Police Department, Bureau of Inspection along with Elba and Alexander Fire Departments. Additional assistance was provided by the Town of Batavia Fire Department, Mercy EMS and Genesee County Emergency Dispatch.

All City Fire Department units were back in service at 10:58 pm.

Oakfield project: Bee-ing responsible is at the core of Bonduelle USA's corporate philosophy

By Mike Pettinella

At the Bonduelle USA Inc. plant on Stevens Street in Oakfield, the produce of local farmers is processed and shipped frozen in totes weighing 1,500 pounds to cold storages throughout the nation.

While making sure Americans get their vegetables is the worldwide company’s primary focus, embracing the concept of “corporate social responsibility” also plays a vital part in Bonduelle’s philosophy.

That’s where the company’s beekeeping project, which has been restarted after being placed on hold due to COVID-19, comes in.

Steve Buerman, Bonduelle’s New York State Regional Engineer, initiated the program – building it on his experiences growing up on an apple farm in Wayne County that featured 35 beehives.

“Honeybees are critical for the pollination of more than 100 varieties of fruits and vegetables in the United States, creating an agricultural value of 20 billion dollars annually,” he said. “We identified that honeybees could use our help and the beekeeping project was started.”

Buerman said about 15 plant employees are working with the bees, which currently populate two hives, with about 20,000 bees – the queen, of course, along with worker bees and drones – in each hive.

“This is being done for educational purposes,” said Pascal Leduc, director of U.S. Operations. “Our company has a strong vested interest in the environment and the communities in which serve. Employees are encouraged to find ways to help the environment and develop action plans.”

Employees with backgrounds in horticulture and fruit farming, such as Buerman, are teaching others the basics of beekeeping – exposing them firsthand (while sufficiently protected) to honeybees – and encouraging them to start their own backyard beekeeping projects.

Plant Manager Eric Phelps said about 10 to 12 employees participated in 2019 and several started their own hives.

“Bees are vital,” he said. “We’re pleased to report that we’ve acquired two new swarms of bees and have installed them into their new hives. We expect the bees to be busy pollinating throughout the summer and, hopefully, making some honey, too.”

Buerman added that bees need “everyone’s help.”

“The advancement of monoculture agriculture, elimination of honeybee habitats and new pests and diseases have cut deeply into the bee population,” he advised. “Really, it’s a fun project which teaches people about bees and their importance. Our daily diet would be very boring without the fruits and vegetables that bees make possible.”

Bonduelle originated in France about 175 years ago and now has 56 plants around the globe, including 11 in the United States and nine in Canada. For more information, go to www.bonduelle.com.

Top photo: Bonduelle employees, upon receiving the nucleus colonies of bees, transfer the frames of honey, pollen, eggs and bees from the delivery boxes to their permanent hives.

Middle photo: Handlers gently puff smoke on the bees to keep them calm during the transfer.

Bottom photo: The transfer is complete, enabling workers to adjust the hive covers and install hive front feeders to provide the bees with food until they become settled in their hives.

Submitted photos.

'Virtual' may be an ongoing reality for specific court proceedings, Batavia attorney reports to legislators

By Mike Pettinella

The lawyer who coordinates the Assigned Counsel Department for Genesee County said she believes that virtual court appearances will continue in one form or another even as society pulls out of the grip of the COVID-19 pandemic.

Kristie DeFreze, (photo at right), an attorney with the Bonarigo & McCutcheon law firm in Batavia, made that observation this afternoon as she presented a review of the indigent legal services unit during the Genesee County Legislature’s Public Service Committee meeting.

“I think that, in some form, it is here to stay – at least in Family Court,” said DeFreze, noting that she see positives and negatives to conducting court proceedings remotely via Zoom or other type of videoconferencing. “For certain court appearances, they will keep it around.”

DeFreze said that virtual sessions seem to have cut down on court time and waiting time – as well as expenses – but have led to an increase in time spent communicating with clients and other parties.

County Attorney Kevin Earl agreed, stating that virtual meetings are good for routine appearances, such as traffic court cases, but “when it comes to hearing and trials, it’s very difficult to know ahead of time what exhibits you need, (which can lead to delays).”

The decision to continue remote proceedings rests with the administrative judge of the judicial district, she said. That position in this area – the 8th Judicial District – currently is held by Paula L. Feroleto.

In reporting the makeup of the panel attorneys in Genesee County, DeFreze said that most of the lawyers practice outside of Genesee County.

On the criminal panel, nine of 13 are from outside the county; on the family panel, eight of 12 are from outside the county; and on the appeal panel, five of six are from outside the county.

When asked why this was, she said it is a matter of dollars and cents.

“We have a smaller pool here when compared to Erie and Monroe counties, plus the pay rate is very low,” she said.

While attorneys may normally charge $150 to $300 an hour for their services, they receive only $60 an hour for criminal cases, and $75 an hour for felony or family court cases in which they are called upon to step in for the county public defender’s office.

“We’re working to increase that rate … which would give local attorneys more incentive to get on the panel,” she said.

DeFreze said that referrals are up in family court from 117 in 2020 to 151 so far this year, and down in criminal court from 120 in 2020 to 110 this year. She pointed out that the time frame for the 2020 referrals was from Jan. 1 through June 15.

She reported that the assignment backlog due to COVID shutdowns has mostly caught up in family court because the court has been accepting filings and scheduling appearances for the second half of 2020 through the present. On the criminal side, she said there is a backlog because justice courts have just starting scheduling sessions on appearance tickets in the last month.

Going forward, DeFreze, who contracts with the county as the Assigned Counsel administrator, said she is looking into establishing an electronic voucher system for attorneys’ clock hours/reimbursement along with a resource office outside of the courthouse for lawyers to meet with clients and potential witnesses and have access to equipment such as a printer and scanner.

She said that additional expenses incurred would be paid out of a state grant specifically to enhance delivery of public defense services in four key areas: counsel at arraignment; caseload relief; initiatives to improve the quality of indigent defense; and eligibility standards for representation.

“I will work with the county attorney on the appropriate process for review and comment on these updates,” she reported. “This will allow us to ensure quality representation for our indigent defendants and family court parties, and more efficiently track the statistics required for annual reporting.”

Gov. Cuomo says 'yes' to county fairs, letting fully vaccinated people ditch their masks in most cases

By Mike Pettinella

The president of the Genesee County Agricultural Society said she is cautiously optimistic following today’s announcement from Gov. Andrew Cuomo that county fairs across New York State will be able to take place under six-foot social distancing guidelines.

“We don’t want to get ahead of ourselves as we continue to consult with County Manager Matt Landers and the health department” regarding what will be necessary for area residents to enjoy the Genesee County Fair this summer, Amanda Gallo said.

The fair is scheduled for July 24-31 at the county fairgrounds on East Main Street Road. It was cancelled last year due to the COVID-19 pandemic.

Gallo said tentative plans call for the organization to host the North American Classic Six-Horse Hitch Series on July 23-24 and the Empire Classic Youth Sheep Show on July 24.

The draft horse show is the biggest in the state (except for the New York State Fair) and the sheep show draws participants from throughout Western New York. The open beef and open swine shows are set for July 25, with Genesee County 4-H-only shows scheduled throughout the week.

Earlier this month, the Genesee County Legislature allocated $11,000 for 4-H judging expenses and 4-H premiums associated with the fair.

“We’re hoping to have all of our attractions and livestock shows this year,” Gallo said. “We will release more details as we get further guidance.”

Landers said he is “very happy” to know the fair will be held this year.

“I have enjoyed going to the fair many times and hope to take my kids to the demolition derby this year,” he said.

Gallo said the demolition derby is the feature event on July 30.

Fully Vaccinated Equals No Mask

In another development, Cuomo announced that New York will adopt the Center for Disease Control’s new indoor mask and social distancing guidelines effective this Wednesday.

The governor's statement came four days after the CDC ruled that fully vaccinated people could get rid of their masks indoors in most instances.

Masks reportedly continue to be necessary on public transit, in nursing homes, in homeless shelters, correctional facilities, schools and healthcare facilities across the state in accordance with the new federal guidelines, Cuomo said.

He added that those who have compromised immune systems or have yet to be vaccinated are required to wear masks and to socially distance.

Law and Order: Erie County pair accused of breaking into Pavilion house, stealing $1K in property

By Billie Owens

Joseph David Ayer, 39, of Smith Street, Buffalo, and Maris Lynn Lenk, 32, of Nancy Place, Cheektowaga, are charged with second-degree burglary -- illegal entry into a dwelling; and fourth-degree grand larceny -- of property with a value greater that $1,000. Both defendants were arrested at 4:23 p.m. on River Road in Pavilion. It is alleged that Ayer and Lenk unlawfully entered a house by forcing the door open and then they stole items with a total value estimated at more than $1,000. They were virtually arraigned in Pavilion Town Court. Lenk was released on her own recognizance and is to appear in Genesee County Court June 3. Ayer was put in jail without bail and is due in county court June 9. Both cases were handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Jacob Gauthier.

Jessica Thomas-Heizyk, 33, was arrested at 3:28 p.m. May 10 on Davis Avenue in the City of Batavia. It is alleged that she threatened the victim with a screwdriver while in the presence of several juveniles. She was arraigned in Batavia City Court then released on her own recognizance. The defendant is due to reappear in city court June 17.

Kyle Samuel Barnhart, 30, of North Road, Le Roy, is a registered Level 2 sex offender charged with failure to register internet accounts as part of his conditions from a prior charge. He was issued an appearance ticket returnable to Le Roy Town Court on June 15. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Adam Altobelli, 40, was arrested on West Main Street in the city on a Batavia City Court bench warrant at 11:25 a.m. May 6, arraigned in city court, then released under supervision of Genesee Justice. He is charged with: criminal possession of a weapon in the fourth degree; endangering the welfare of a child; and second-degree menacing. Altobelli is due back in city court on June 17.

Thomas Tacito, 61, was arrested at 2:04 p.m. May 7 on a warrant for aggravated harassment and fourth-degree stalking. It is alleged that Tacito repeatedly called a person without having a legitimate purpose to do so and despite being advised to stop multiple times. He was arraigned in Batavia City Court via Skype and released on his own recognizance. Tacito is due to return to city court June 17.

Jonathan Golden, 34, was arrested at 10:35 a.m., May 10, on West Main Street in the city after turning himself in on an active arrest warrant out of Batavia City Court. It is alleged that while employed at a local car dealership, Golden took a vehicle and kept it for an extended period of time without the vehicle owners' knowledge or consent. He was arraigned in city court, then released on his own recognizance.

Graffiti found on playground equipment at Farrall Park in Batavia

By Howard B. Owens

Playground equipment at Farrall Park (101-111 Otis St.) has been vandalized and Batavia PD has opened an investigation into the criminal activity after being contacted about it by The Batavian.

Last night, a reader emailed these photos to The Batavian to alert us to the vandalism. We contacted Sgt. Marc Lawrence and he said he wasn't aware of the incident.

After looking into it today, he he confirmed playground equipment was spray-painted but there had been no prior complaint or notification to Batavia PD of the vandalism. 

He said it appeared that the paint was relatively fresh, probably spray within the past couple of days.

He indicated there is no further information available on the case at this time.

Anybody with information that might assist in the investigation can contact Batavia PD at (585) 345-6350, the confidential tip line at (585) 345-6370

Reader-submitted photos.

Construction trailer burns to ground in second fire at same location on Liberty Street

By Howard B. Owens
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For the second time in seven months, a fire has been extinquished at the site of an apparently unoccupied construction trailer on Liberty Street in the City of Batavia.

This time, City firefighters saw the smoke filling the sky east of their fire hall and were en route before the call was dispatched.

The trailer was fully involved when firefighters arrived on scene.

Because the fire is suspicious in nature, Sgt. Marc Lawrence said there will be an investigation to see if any criminal activity is associated with the fire.

Previously: Brush fire on Liberty Street under investigation

Photo submitted by Tristine Vanice.

Photo submitted by Frank Capuano.

Photo submitted by Frank Capuano.

Photo submitted by Chris Crocker.

State Street resident 'rock'-in and rollin' to raise money for Habitat for Humanity of Genesee County

By Mike Pettinella

With help from her family and friends, a City of Batavia resident is expressing her appreciation and sharing her talent to support the local organization that made home ownership a reality.

Angelina Pellegrino of 150 State St. is conducting a yard sale – featuring clothing, household items and her original painted rocks – until 3 o’clock this afternoon and from 9 a.m. to 3 p.m. tomorrow to benefit Habitat for Humanity of Genesee County.

“We moved into our home – which is the eighth Habitat for Humanity home in Genesee County -- about 10 years ago, and I am trying to get the word out there about such a wonderful program,” she said. “While a lot of people hear about Habitat, unfortunately, they don’t know what it is.”

Affectionally known as the “rock lady (although she prefers “rock artist”), Pellegrino said she has been selling rocks for the past year with all proceeds going to Habitat for Humanity.

“Then I decided to have a yard sale and get the community involved,” she said. “The outpouring of support and donations from everybody has been amazing.”

Pellegrino, whose family includes husband, Matt Wolff, and children, Mikalina, Carmelina and Lorenzo, is on the local Habitat’s fundraising committee but said the yard sale is something they wanted to do on their own to promote the nonprofit enterprise.

She said she has received plenty of assistance getting things set up from her mom, Sue, and brother, Vinnie, as well as cousin, Jennie Barone; aunt, Tina Adams; best friend, Chrissy Morgan, and neighbors, Deb Romasser and Gretchen Franke.

“This is the first time for the yard sale. We’ve been collecting things from people, and The Batavian, Video News Service and WBTA have been helpful in getting the word out,” she said. “People have been dropping off things for over a month. My house is completed overloaded with all of this.”

Pellegrino also is selling her painted rocks, with the smaller ones going for a $5 donation and the larger boulders available for donations of $15 to $20.

“I paint, usually on canvas, but one day I started doing some gardening outside and thought that I would put some rocks around my tree. And I thought, they need to be colored. After that, it needs to be bigger,” she explained. “So, I started adding to it and before you know it, I went into my neighbor’s yard with them. It’s really taken off as there are probably more than 200 out here now.”

She looked back on the decision to apply for a Habitat for Humanity home as a life-changing experience.

“I was a renter in Batavia and I was told by somebody to apply for Habitat,” she said. “You have to have good credit and fall in line with certain income requirements – you have to make enough but not too much – and they get homes and rebuild them.”

The family’s home on State Street, across from Centennial Park, was completely gutted, said Pellegrino, who recently put on an addition in the back for her to operate her hair salon business.

“What Habitat does is make it possible for people to get a home. It’s a wonderful thing, at a fraction of the cost,” she said. “With Habitat homes, you also put in ‘sweat equity’ so for a certain amount of the time that they’re rebuilding it, you also have to help rebuild it.

“You learn the ins-and-outs of your home. I sided my house in 30-degree weather. I insulated it. You know your home and you take pride it in afterwards because you really worked hard on it.”

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

For more information about Habitat for Humanity of Genesee County, go to www.geneseehabitat.com.

Photos: At top, Angelina Pellegrino welcomes community residents to her home at 150 State St. for a yard (and rock) sale to benefit Habitat for Humanity of Genesee County; bottom, Pellegrino, an artist, holds a rock featuring Big Gay Al of the South Park TV show, and photos of a couple of her creations. The 'We're All Mad Here' rock is not for sale, but the 'Crocodile Rock' is. Photos by Mike Pettinella.

School district elections slated for Tuesday

By Howard B. Owens

Voters from throughout Genesee County are asked to go to the polls on Tuesday and vote on school district budgets and school board candidates.

Here is a summary of what is on the ballot and links for additional information for each district.

Alexander

  • Budget: $19,175,475 for 2021-22, an increase of $635,217 from this school year.
  • The program budget is $14,015,382 and the administration budget is $2,757,315.
  • Tax levy: $5,088,006 (no change from 2020-21).
  • Propositions on the ballot also include bus purchases at a cost of $318,085; the purchase of computers for $96,870 using the existing 2018 equipment reserve fund; establishing a capital reserve fund; and, establishing a school bus reserve fund. 
  • There are two candidates for the school board, Josselyn Borowiec and Lindsay Bessey.
  • There is more information about the budget and the election in the district's budget newsletter. Click here for the PDF.

Batavia

  • Budget: $52,096,661, an increase of $625,935 over the current year.
  • Tax levy: $19,493,958 (no change).
  • The program budget is $39,021798 and the administration budget is $5,186,493. (Figures corrected from original post.)
  • Ballot propositions include additional state aid for an energy performance contract and renewal of the provision that allows the student ex-officio board member to attend board meetings in a non-voting role.
  • There are three board seats up for election and four candidates. They are: John Reigle, Brenda Good, Jennifer Lendvay, and Shawna Murphy.
  • There is more information in the district's budget newsletter. Click here.

Byron-Bergen

  • Budget: $24,991,065, an increase of $391,265 from this school year.
  • The program budget is $17,260,368 and the administrative budget is $2,318,402.
  • Tax levy: $9,024,961 (no change from 2020-21).
  • There is a school bus proposition on the ballot.
  • More information the district's budget is on the district website.

Elba

  • Budget: $10,942,533, an increase of $673,211 over the current year.
  • The program budget is $7,926,431 and the administration budget is $1,253,898.
  • Tax levy: $3,204,487, up $61,292 from the current levy. The estimated tax rate per thousand is $19.8104. The current rate per thousand is $20.4016.
  • Propositions include establishing a general capital reserve fund and expend up to $112,000 from the existing bus and vehicle replacement fund for a bus and a van.
  • Michael Hare is the lone candidate on the ballot. 
  • There is more information in the district's budget newsletter. Click here.

 Le Roy

  • Budget: $26,869,288, an increase of $534,800 over the current year.
  • The program budget is $13,602,008 and the administration budget is 4,072,951. 
  • Tax levy: $10,597,025, an of $130,924 over the current year. The estimated is $23.11.
  • Propositions include one on school bus purchases and the Woodward Library budget.
  • There are three trustee seats up for election and four candidates, Darcy Porter, Christine Dowell, William MacKenzie, and Lucas Weaver. 
  • There is more information in the district's budget newsletter. Click here.

Oakfield-Alabama

  • Budget: $21,356,442, an increase of $232,696 in the current year.
  • The program budget is : $14,824,207 and the administration budget is $2,361,695 (down $53,868 from the current year).
  • Tax levy: $5,416,941, an increase of $103,105.
  • Propositions on the ballot include establishing a new capital reserve fund.
  • There are two seats on the board of trustees up for election and four candidates, Timothy Edgerton, Jeffrey Hyde, Lorna Klotzbach, and Maria Thompson. 
  • There is more information in the district's budget newsletter. Click here.

Pavilion

  • Budget: $17,576,661, a decrease in spending from the current year of $107,521.
  • The program budget is $13,327,296 and the administration budget is $2,302,963.
  • Tax levy: $5,642,520, a decrease of $27,361.
  • Propositions include creating a school district public library and electing a library board of trustees.
  • There is one open seat and one candidate for that seat, Jeff Finch.
  • There is more information in the district's budget newsletter. Click here.

Pembroke

  • Budget: $24,599,082, an increase of $919,560 over the current year.
  • The program budget is $17,451,901. The administration budget is $2,519,239.
  • Tax levy: $8,481,399, an increase of $165,046 over the current year. The projected tax rate is $19.40.
  • Propositions on the ballot include authorization to purchase school buses and a capital project.
  • There is more information in the district's budget newsletter. Click here.

Consultant: Campers inquiring about potential 364-site development on Perry Road in the Town of Pavilion

By Mike Pettinella

Interest in a proposed campground on Perry Road in the Town of Pavilion is high, according to the consultant working with a LeRoyan looking to develop 20 to 30 acres of a 94-acre parcel.

“We have about 60 people who have signed letters of intent to rent campsites already,” said David Ciurzynski of Ciurzynski Consulting LLC, of Attica.

Ciurzynski represented Jesse Coots of Le Roy at Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing.

Planners recommended approval of a special use permit for the 346-site campground and recreation area at 10156 Perry Road, but included stipulations involving mitigation of adverse impact upon wetlands there and obtaining a stormwater pollution prevention permit from the New York State Department of Environmental Conservation.

Developers are addressing those issues, Ciurzynski said.

“We’re really excited about this project. We’ve completed the engineering study and wetland delineation, which has been submitted to the Army Corps of Engineers and the DEC,” he said. “Once we get the special use permit, we’ll get into full engineering and be able to complete the stormwater pollution prevention and other elements of the project.”

Ciurzynski said the plan is to start with 100 sites and build out the remainder after campers begin to populate the campground.

Planners asked about water and sewage capabilities, with Ciurzynski stating that the size of the project prohibits holding tanks.

“We’re going to have to do a septic system, with a full leach bed and everything,” he said.

Planning Director Felipe Oltramari responded by stating he hopes the owners have “good luck in finding water” when drilling wells.

Ciurzynski said the preferred option is to put the first 100 sites up against the road to minimize the number of wells required since the Town of Pavilion also has embarked upon its water district project.

“In talking with the supervisor (Rob LaPoint), he would like to get this water district along Perry Road going as well, so we’re hoping our project helps leapfrog that into place so we can use the water from the Pavilion water district instead of having to drill multiple wells,” he said.

Currently, the 94-acre parcel consists of woodland and farm fields, and is zoned Agricultural-Residential.

In other action, planners recommended approval of several other referrals, including:

  • An area variance to change the parking space size for a proposed Rochester Regional Health medical building on Oak Orchard Road in the Town of Batavia;
  • A special use permit for a covered outdoor dining space at the Red Osier Landmark Restaurant in Stafford;
  • A change in zoning to Commercial for a parcel at 211 E. Main Street to facilitate the development of the GLOW YMCA/United Memorial Medical Center Healthy Living Campus;
  • A site plan for a new liquor store at 9 E. Main St., Corfu;
  • A special use permit, with modification, for a 5-megawatt solar system on Oak Orchard Road, south of the Village of Elba;
  • A special use permit for a hair salon at 1 Farnsworth Ave., Oakfield, on an appointment-only basis.

Previously: Planners expected to consider outdoor dining site at Red Osier, sizeable campground on Perry Road in Pavilion

Law and Order: Porter Avenue woman accused of getting almost $7.8K in SNAP benefits she wasn't eligible for

By Billie Owens

Elizabeth Fowler Gates, 43, of Porter Avenue, Batavia, is charged with: third-degree grand larceny; six counts of offering a false instrument for filing in the first degree; and seven counts of third-degree forgery. Gates was arrested after allegedly receiving $7,792 in Supplemental Nutrition Assistance Program -- SNAP -- benefits she was not eligible to receive. She is accused of forging a signature on seven documents and providing six applications with false information in order the receive benefits. She was arraigned on May 10 in Oakfield Town Court and released to appear in Batavia Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Sgt. Thomas Sanfratello. The investigation was completed by Investigator Robert Riggi at the Department of Social Services on East Main Street Road, Batavia.

Andre Lamar Roberts, 28, of Burrows Street, Rochester, is charged with third-degree bail jumping. It is alleged that he failed to appear in Corfu Village Court on Dec. 7. He is scheduled to be arraigned in Genesee County Court tomorrow (May 14). The case was handled by Genesee County Sheriff's Deputy Chad Cummings, assisted by Sgt. Thomas Sanfratello.

Terry Eugene Gamble Jr., 25, of Onslow Drive, Columbus, Ohio, is charged with: criminal possession of stolen property in the fifth degree; criminal use of drug paraphernalia in the second degree; and operating a motor vehicle without a license to do so. On May 12 at 3:19 p.m., Gamble was arrested following a traffic stop on South Main Street in the Village of Elba. It is alleged the vehicle he was operating was stolen out of Ohio. Gamble was released with appearance tickets to be in Elba Town Court on May 26. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Ronald Welker.

Municipal leaders poring over guidance to pinpoint projects to be funded through American Rescue Plan

By Mike Pettinella

The managers of Genesee County’s three largest municipalities are exploring the best ways to spend a windfall of federal dollars via the American Rescue Plan Act of 2021.

Also called the COVID-19 Stimulus Package or American Rescue Plan, the $1.9 trillion economic stimulus bill was passed by Congress and signed into law by President Biden on March 11. It is intended to help the United States recover from the adverse economic and health effects of the COVID-19 pandemic and the ongoing recession.

While the exact amounts to be allocated to towns and villages have yet to be determined, it has been reported that Genesee County will receive slightly more than $11 million, the City of Batavia will receive between $1.57 and $2.5 million, and the Town of Batavia will receive about $750,000.

Formal guidance on how the money may be used was released earlier this week in the form of a 151-page document.

According to published reports, half of the money is available now and the other half will come 12 months from now. Among the qualifying uses are public health, assistance to businesses and families, replenishment of public sector revenue and enhanced compensation for essential employees.

Funds also can be utilized for water and sewer system infrastructure and increasing access to broadband internet – items that local governmental leaders seem to be focusing upon.

GENESEE COUNTY

“We will be having a discussion with the legislature later on this month at a meeting to give some rough suggestions,” Genesee County Manager Matt Landers said. “I haven’t come up with dollar amounts for each bucket but I already have been looking at areas to put this money towards – water infrastructure, broadband infrastructure, jail infrastructure and some possible economic development initiatives as well.”

Landers called it a “one-time allocation of revenues,” emphasizing that the money can’t be used to reduce property taxes.

He said the county needs to upgrade the infrastructure in both the Phase 2 and Phase 3 Water Project, and is looking at ways to assist towns with a countywide broadband solution.

“We still have a lot of pockets within our county that don’t have access to high speed internet,” he said. “Possibly, we can utilize some of this money to help fill those gaps.”

CITY OF BATAVIA

In Batavia, City Manager Rachael Tabelski said she will be presenting a plan to City Council to allocate the CARES funds to specific projects that could include water, sewer, downtown parking rehabilitation and equipment purchases.

She, too, said these are one-time revenues and, as such, will be recommending “that they should be used for one-time purchases, not continuing operations.”

Tabelski noted that the city just ended its 2020-21 fiscal year (on March 31) and is starting an audit next week.

“So, unlike the county and town, with fiscal years that run from January through December, we need to finish the audit to evaluate the 2020-21 fiscal year final revenue,” she said.

TOWN OF BATAVIA

At the Town of Batavia, Supervisor Gregory Post said the money will offset lost revenue, enabling the town board "to allocate the balance to specific needs, which we are identifying right now to see what qualifies.”

Post indicated that expanding broadband and high-speed internet is at the top of the list.

He also said the money can help the town recover from the lack of upgrades to its comprehensive, solar, land use and agricultural protection plans.

“Furthermore, we would like to develop the scale and scope of how we can maintain all of the services to the community through a virtual town hall, and not having to expend any tax dollars in brick and mortar facilities that are not able to be used in the event of another pandemic or other similar circumstance,” he offered.

Post acknowledged the recent increase in property assessments, pledging to find ways “to best serve the community and keep taxes flat or attenuate any of the expenses incurred during COVID.”

On a national level, it has been reported that some states with Republican governors or legislative majorities have filed lawsuits in an effort to strike down the provision that the funds can’t be used for tax relief – on grounds that the stipulation violates the rights of individual states.

Genesee County director presents clear, earnest picture of how mental health issues affect our daily lives

By Mike Pettinella

Lynda Battaglia, director of Mental Health & Community Services for Genesee County, packed a powerful punch into a two-minute speech Wednesday as she accepted a proclamation from the Genesee County Legislature designating May as National Mental Health Awareness Month.

Her words about mental health and its far-reaching effects on so many people are as follows:

“(I’ve been) thinking about what we’ve gone through the last 15 or 16 months, the global pandemic that has impacted every single one of us and political and social eruptions that have occurred in our communities from what we’ve seen on TV.

“I think it’s fair to say that these events have taken a toll on our people and have left an imprint on many. Now, as a result, I think it’s fair to say that maybe people will have a better understanding of mental health and what mental health awareness is -- because it is at the forefront of our world today.

“Mental health, overall, impacts every single part of you as a person. It impacts you physically, emotionally, cognitively, spiritually; everything is connected. It affects the way you make decisions, your quality of life and the way you live. Mental health awareness is being cognizant of one’s overall health because it is all connected. It’s taking care of every part of you as a person.

“It’s also knowing that it is OK to not be OK, and that it’s OK to ask for help and to reach out for help. It’s knowing you’re not alone because at some point in time, all of us have felt what you have felt.

“We have an obligation and a duty as a county to stop the stigma associated with reaching out for help. And instead of one feeling shame for reaching out for help, they should be receiving praise for taking that first step.

“The more awareness and education that we can provide, the healthier our communities become, the healthier our residents become and the healthier our children become. I’d like to thank the workforce of all the community providers in the county who continue to provide this essential service during this last year and a half.”

Battaglia’s words prompted heartfelt applause from legislators and those in the audience at the Old County Courthouse. Afterward, she and Thomas Christensen, executive director of the Mental Health Association of Genesee and Orleans Counties, posed for a photo (at top) with legislators Gordon Dibble, left, and Gregg Torrey, right.

Dibble, a member of the mental health community services board, said, “We’re proud of the work they do and the people who work there (at Genesee County Mental Health Services).”

The proclamation reads, in part, “the GCMHS is committed to ensuring that people living with mental health conditions are treated with compassion, respect and understanding, and is working to ensure citizens have access to affordable, quality, evidence-based mental health care.”

For more information about GCMHS, go to Welcome to County of Genesee.

Deputy sheriffs' union leader 'very pleased' that new contract with Genesee County finally has been approved

By Mike Pettinella

Better late than really, really late.

Tonight’s ratification of a four-year contract with Genesee County is a welcome relief for Sgt. John Baiocco, president of the Genesee County Deputy Sheriffs' Association.

“It was long overdue -- because of COVID and changing from County Manager Jay (Gsell) to Matt (Landers). But I think it is fair and equal to both parties, and the extension to four years makes sense because we’re already a year and five months out of it,” Baiocco said during the Genesee County Legislature’s meeting at the Old County Courthouse.

The pact, which is retroactive to Jan. 1, 2020, gives the 45-member-strong union pay raises of 2 percent for both 2020 and 2021, 2.25 percent for 2022 and 2.5 percent for 2023. It also stipulates that deputies will pay a bit more toward health insurance premiums but will receive a bit more in their uniform allowance.

Landers said that it will cost the county about $138,000 to cover the salary increases for last year and this year. About $116,000 of that amount will come from a contingency account and the remainder will be taken from the sheriff’s medical expense line.

Costs for 2022 and 2023 will be included in the budgets for those years, he added.

All in all, Baiocco said the association is “very pleased” and is looking forward to getting on with “our regular police business.”

In other action, the legislature:

  • Passed a resolution to accept $170,000 for a second round of funding from the state Septic System Replacement Program to repair and replace substandard septic systems located along Tonawanda Creek, Bowen Brook, Bigelow Creek and Oatka Creek.

Previously, the county received $150,000 in the program’s first round of funding. The latest agreement with the NYS Environmental Facilities Corporation of Albany runs through Dec. 31, 2026.

Nola Goodrich-Kresse, public health educator/information officer, said homeowners can check whether they qualify for the program by sending an email to health.dept@co.genesee.ny/us and write Septic System Replacement Funding in the subject line.

Upon approval, an award approval letter would be sent to the individual and once the system is installed, the individual would need to complete and submit a reimbursement request form.

Eligibility is based on owners living within 250 feet of a specific stream or tributary that has been identified to be covered under this program, she said, adding that funding covers only septic systems that are failing.

Goodrich-Kresse said $86,533 has been paid out of the first round money thus far.

  • Learned from Legislature Chair Rochelle Stein that the final session of the Finger Lakes Control Room, a key communication arm during the coronavirus pandemic, is scheduled for this Friday – one year after the group’s first meeting.

“Hopefully, there is a light at the end of this tunnel,” she said.

County legislators unanimously pass local law allowing 12- and 13-year-olds to hunt deer under supervision

By Mike Pettinella

The Genesee County Legislature this evening, with the blessing of local sportsman’s groups, unanimously passed a local law authorizing 12- and 13-year-old licensed hunters to hunt deer with a firearm or crossbow during hunting season under strict supervision.

“As a sportsman, hunter, mother and grandmother, this is a well advised and educated opportunity to continue the tradition that we have embraced in Genesee County,” said Legislature Chair Rochelle Stein upon passage of the law that coincides with a New York State two-year pilot program.

Stein was speaking at the legislature’s meeting at the Old County Courthouse and via Zoom videoconferencing – a session attended by several members of the Genesee County Federation of Sportsman’s Clubs.

Two of those GCFSC representatives were LeRoyans Mike Ciociola and Glen Adams, who had been following the process that resulted in the law becoming reality. The resolution was introduced last month after state lawmakers approved the program in accordance with Environmental Conservation Law. A public hearing today preceded the official vote.

“I am glad that the Genesee County Legislature went along with this and I would just like the public to know that this was an informed decision that was made,” Ciociola said. “I know some people, when they hear 12- and 13-year-olds, they’re worried. But the safety of this is in place as many other states have hunting at this age, and they have almost nonexistent incidences of 12- and 13-year-olds being involved in a hunting-related accident.”

Ciociola underscored the fact that state hunting officials, the Department of Environmental Conservation, and the NYS Fish & Wildlife Management Board have carefully considered this legislation.

“And our Federation of Sportsman’s Clubs represents about 1,200 sportsmen,” he said. “If you look at Genesee County as an average county and multiply it by all the other counties in the state, that’s a lot of sportsmen who have been through this.”

He said he is part of a group of people “who were raised hunting and taught our kids to hunt.”

“I think there are a lot of good safety protocols built into this – the wearing of blaze orange, having to be in a control distance of the youth at all times, no off the ground stands. There have been precautions taken and you have to understand that this is a two-year trial period. So, we’re confident that this is going to be good.”

During the public hearing, Adams thanked the legislature for moving the local law along quickly and emphasized the many supervisory aspects of the law.

Afterward, he mentioned the club’s ongoing hunter education, adding that he believes the law will lead to a natural flow of young hunters obtaining their licenses and receiving the required training to go into the field safely.

Legislators Christian Yunker and John Deleo spoke favorably of the proposal, pointing out that hunting is a “valued tradition” in the county and that bringing more youth into the sport is a positive step to continuing deer management practices.

Specifically, the local law allows hunters age 12 and 13 to hunt deer with a crossbow, rifle, shotgun, or muzzle-loaded firearm through Dec. 31, 2023, with the supervision of a licensed adult.

State requirements include the following:

  • Such minor is accompanied by their parent or legal guardian, or by a person designated in writing by such parent or legal guardian on a form prescribed by the Environmental Conservation Department who is 21 years of age or older;
  • Such parent, guardian or person has had at least three years’ experience in hunting deer;
  • Such parent, guardian or person holds a hunting license;
  • Such parent, guardian or person maintains physical control over the minor at all times while hunting;
  • Such parent, guardian or person and the minor remain at ground level at all times while hunting;
  • Such parent, guardian or person and the minor shall each display either a minimum total of 250 square inches of solid fluorescent orange or pink or patterned fluorescent orange or pink consisting of no less than 50-percent fluorescent orange or pink material worn above the waist and visible from all directions, or a hat or cap with no less than 50 percent of the exterior consisting of solid fluorescent orange or pink material and visible from all directions.

Planners expected to consider outdoor dining site at Red Osier, sizeable campground on Perry Road in Pavilion

By Mike Pettinella

The Genesee County Planning Board is in for a busy night on Thursday with an agenda featuring 17 referrals, including a proposal to build an outdoor dining space at the Red Osier Landmark Restaurant in Stafford and another to develop a 346-site campground and recreation area on Perry Road in Pavilion.

The meeting will take place at 7 o’clock via Zoom videoconferencing.

Owners Timothy Adams and Steven Foster have submitted a site plan and request for a special use permit to place an outdoor dining pavilion at the rear of the Red Osier property on Route 5.

Plans call for the covered shelter to be set on a 30- by 40-foot concrete pad to the south of the restaurant. The owners also are looking to add a portable 12- by 24-foot manufactured shed for storage and aesthetics, adding that the dumpster will be relocated away from that area and also will be on a concrete pad and fenced in.

Preliminary word is that planning department staff suggests approval of the referral, stating that the proposed pavilion and improvements should pose no significant countywide or intercommunity impact.

Jesse Coots, of Le Roy, submitted a site plan and is asking for a special use permit to create and operate the campground at 10156 Perry Road. The plan calls for building it in two phases, using 20 to 30 acres of a 94-acre parcel that is zoned Agricultural-Residential. Currently, the land consists of woodland and farm fields.

Approval with modification is recommended by planning staff, who are asking the board to require the applicant to provide proof that there will be no adverse impact upon wetlands and to obtain a stormwater permit from the state Department of Environmental Conservation.

Other referrals include the following:

  • Rezoning of 211 E. Main St., Batavia, from P-2 (Planned Development) to C-3 (Commercial) for consistency purposes prior to demolition of Cary Hall and eventual construction of the Healthy Living Campus joint venture between the GLOW YMCA and United Memorial Medical Center.

Currently, Cary Hall is not being used. It formerly housed medical offices and, before that, was the home of the McAuley School of Practical Nursing.

County planning staff has determined that the zoning change is not inconsistent with the City of Batavia’s comprehensive plan adopted in 2017 and should go forward.

  • A site plan review of a new liquor store at 9 E. Main St., Corfu, to be owned and operated by Brittany Schafer.

In documents submitted by Schafer, she plans to call the business Brittany’s Booze Barn and be open from the hours of 1 to 8 p.m., hopefully by July 4. It is in a Commercial-Residential District with existing residential space upstairs.

Planning staff recommends approval.

  • A special use permit to develop a 5-megawatt community solar project at 7209 Oak Orchard Road, Elba, just south of Route 262, covering half of a 55-acre parcel owned by CY Properties LLC.

Documents state that NY CDG Genesee I LLC, of Acton, Ontario, Canada, is planning to install about 16,400 solar panels on 200 free standing tracking solar table modules, as well as new electrical equipment, accessories, concrete pads for equipment and new gravel access drive.

The land is zoned Business and Agricultural-Residential.

A letter from LaBella Associates, representing the solar group, indicates that a PILOT (payment in lieu of taxes) agreement through the Genesee County Economic Development Center will be requested.

County planning staff has determined that since the project will be on prime farm land, the applicant should relocate the portion of the driveway and equipment pad currently proposed through the middle of the field to the edge of the field or amend the decommissioning plan to minimize the impact on the soil.

  • A special use permit request by Tanya Peal to operate a one-chair hair salon in her home at 1 Farnsworth Ave., Oakfield, in a Residential District. Her paperwork indicates that customers will be received on an appointment-only basis and she has room to park four vehicles.

The recommendation of county staff is for approval.

  • An area variance for Rochester Regional Health to modify the size of parking spaces from 10- by 20-feet to 9- by 18-feet at the site of its proposed 140,000-square-foot medical office building at 8103 Oak Orchard Road, Batavia – north of the Thruway exit. The change would increase the number of parking spots from 360 to 432.

Consultants for RRH state that the modification will allow the required amount of onsite parking to be provided, while satisfying the town’s request for an access agreement along the northern boundary of the site. The access requirement reduces slightly the space for parking, resulting in the need to go to a 9 by 18 parking spot configuration.

Planning staff has determined that the proposed variance should pose no significant countywide or intercommunity impact.

Law and Order: Man accused of burglarizing garage in Stafford, then selling property in Batavia

By Billie Owens

David J. Reschke, no age or address provided, was arrested after an investigation by the Genesee County Sheriff's Office into a reported burglary Feb. 12 at a detached garage on Transit Road in the Town of Stafford. He is charged with two counts of second-degree forgery and one count of criminal possession of stolen property. It is also alleged that the stolen property from the burglary was sold at a business in the Town of Batavia under a false name and that an additional sales transaction was made on a separate date at a business in the Town of Batavia by Reschke under a false name. He was arraigned virtually in Genesee County Court and released on his own recognizance because the charges against him do not qualify for bail under the NYS bail reform law. Reschke is due in Town of Batavia Court at a later, unspecified date.

Aaron Michael Raegan Hatt, 25, of Broadway Road, Alexander, is charged with second-degree burglary and first-degree criminal contempt. Hatt was arrested following a complaint on Broadway Road, Alexander at 4:30 a.m. April 28. It is alleged that the defendant entered a residence of protected persons, who have a full stay away order of protection against him, ultimately resulting in subjecting them to physical contact. Hatt was arraigned in Genesee County Court and put in jail on $1,000 cash bail, $2,500 bond or $5,000 partially secured bond. He is due for a call appearance in Town of Alexander Court on May 25. The case was handled by Genesee County Sheriff's Deputy Howard Wilson, assisted by Deputy Rachel Diehl.

Rose Mary Christian suggests trustees reduce salaries to cut school spending

By Howard B. Owens

Sixth Ward Councilwoman Rose Mary Christian spoke up Monday at the city schools board of trustees meeting on behalf, she said, of her constituents, decrying the high cost of education in an age of tighter household budgets.

"I really don't have any solution," Christian said near the end of her remarks. "I'm asking you to seriously think about the people who live in this community and are having a hard time right now."

She noted that assessments have gone up throughout the city and that is putting more of a squeeze on some households.

She asked if the board considered reducing salaries for teachers and other staff members.

"Everything is escalating and it's hurting everyone, even you," she said.

She also asked that Sacred Heart once again be used as a polling station in school district elections.

On May 8, voters will chose among four candidates for three positions on the school board and whether to approve a $661 spending plan for the district for 2021-22, an increase of $625,935 from the current year.

The proposed tax levy (the aggregated of all property taxes collected in the school tax) is $19,493,958, exactly as it is in the current year.  

State and federal aid covers most of the rest of the district's spending.

Photo: Still from video of Monday's meeting.

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