notify

As a member of the Town/Village of Le Roy Planning Board, Tom Frew supports the development of new housing throughout the municipality – as long as he sees the project as a good fit with the surrounding neighborhood.

When looking at a venture proposed by Batavia developer Eric Biscaro to construct 30 duplex patio home rentals for seniors on a 20-acre parcel east of East Avenue in the village, however, Frew said that he has some concerns.

“I am not against development back there, as long as they were a continuation of residences like the rest of this neighborhood,” Frew said on Saturday as he took this reporter on a tour of the area. Frew’s home on Poplar Lane is located about 500 feet north of the development site.

Frew said that others living on Poplar Lane, East Avenue and Orchard Drive agree with him, prompting him to distribute a flyer to all residents of those streets to attend a public hearing on the matter at 7 p.m. May 19 at the Village of Le Roy Hall at 3 W. Main St.

Biscaro recently said that the project would be larger than his Clinton Crossings Adult Community on Clinton Street in the Town of Batavia. The Le Roy plan also includes blocking out eight building lots along the west perimeter of the site to be made available for purchase.

In order to make this happen, the area would have to be rezoned from Residential to Planned Unit Development, action that already has been recommended for approval (with modifications) by the Genesee County Planning Board.

Frew believes that a senior housing complex near an upper-end residential neighborhood is comparing apples to oranges.

“The south end of East Avenue intersects with Poplar Lane, and then Poplar Lane intersects with Orchard Drive, and the homes on these streets are valued in the $150,000 to $250,000 range – they’re all in the same ballpark,” Frew said. “So, now we’re taking property that is zoned Residential and asking to zone it as a PUD.

“If somebody was coming in here and wanted to put a development in – let’s say 15 houses of a couple hundred thousand dollars each, I wouldn’t have an issue. But I have an issue with the effect could be on the value of my home and the additional traffic. There’s only one outlet now, although I know that the county said they’d like to see the development of South Avenue.”

Frew, who said he was the lone dissenter at a recent planning board meeting, advised that South Avenue would be a new street that would run to South Street.

“Their plan is, and this is from the mayor (Greg Rogers) himself, is for the time being, they will gravel it and put a chain link fence up, which the emergency services people will have a key to,” Frew said.

The Batavian reached out to Rogers and Biscaro for comment.

Frew also said he is uneasy about the additional traffic created by the development – predicting an increase of 70 to 100 more vehicles “in a quiet, residential area” with the only access to Route 5 via East Avenue.

He also said he believes the village is endorsing the project and is committed to installing the necessary infrastructure.

“There is 800 feet of new road, new storm sewers, new sanitary sewers, new water, new gas, all those utilities,” Frew said. “The village is committed to run down the length of East Avenue to give Eric access – and Eric will take care of backing his development – but Eric has got no skin in the game regarding the cost.”

Frew estimates the cost of those utilities plus curbing would be around $700,000.

“I’m looking at 30 buildings at let’s say $200,000 each,” he said. “They’re not fancy. The revenue that they would generate from those buildings versus the cost of that infrastructure will blow your mind. It would be an eigh-t to 10-year payback to get even, and I don’t see that as a good investment of my tax dollars.”

Contacted this morning, Le Roy entrepreneur Jim Gomborone said his “main concern” is the potential for flooding on his Mercy Grove and Le Roy Country Club properties along East Main Street from a stream that flows through the area.

“When they had a four-acre school up there, I got extremely flooded. We couldn’t handle three inches of rain. So, you saw the impact with just four acres,” he said. “Twenty acres, with roads and houses and all that other stuff, probably 70 percent of it will be buildings and roads. I’ve got a strong suspicion that I’m not going to be able to handle the water from it.”

Gomborone also said the village’s decision to fund the infrastructure is a disservice to taxpayers.

“Why are we spending village taxpayers’ money for a guy that who’s in business for himself, running rental units? He’s going to have 60 rental units back there,” he said. “As far as I’m concerned, there’s going to be a substantial amount of rent from that thing, and I don’t think the taxpayers should pay someone in private enterprise for infrastructure. I wouldn’t ask them to pave my driveway.”

Previous: Biscaro proposes Clinton Crossings-type adult community for East Avenue in the Village of Le Roy.

Photo at top: Poplar Lane resident Tom Frew holds site plan as he stands on the north end of a 20-acre parcel proposed for a senior housing project off East Avenue in the Village of Le Roy. Photo at bottom: The end of East Avenue that would be expanded and paved to create a new street to connect to South Street. Photos by Mike Pettinella.

Eugene Jankowski Jr., of Batavia, placed first last month in the Senior Division at the Peterson Cartridge Challenge in Kennerdell, Pa.

More than 135 shooters from throughout the United States competed in the two-day, 20-stage event as part of the Precision Rifle Series.

Participants used precision rifles to engage eight to 10 steel targets of various sizes from awkward shooting positions under a 90-second par time. Target distances ranged from 365 to 1,127 yards, with one target moving at the rate of 3 miles per hour across the range at a distance of 635 yards.

Jankowski, who has captured numerous shooting titles over the years, is sponsored locally by Offhaus Farms and Pheasant on the Flats shooting range.

Photo at top: Eugene Jankowski Jr., right, of Batavia, receives a plaque from Matt Steiner, match director, after placing first in a rifle shooting event in Pennsylvania. Photo at bottom: Jankowski sets his sights on a target 365 yards away. Submitted photos.

Qumane J. Santiago is indicted for the crime of second-degree assault, a Class D violent felony. It is alleged that on Oct. 23 in the City of Batavia that Santiago intentionally tried to prevent a police officer from perfoming his lawful duty and caused physical injury to the police officer. In count two, he is accused of the same crime involving another person. In count three, Santiago is accused of resisting arrest, a Class A misdemeanor, for allegedly intentionally attempting to prevent a police officer from making an arrest. In count four, the defendant is accused of obstructing governmental administration in the second degree, another Class A misdemeanor, for allegedly intentionally obstructing a public servant from performing an official function by means of intimidation, physical force, interference or any independently unlawful act. In count five, he is accused of fourth-degree criminal mischief, a Class A misdemeanor, for allegedly intentionally damaging another person's property -- a flat screen television, lights, lamps and picture frames.

Colleen L. Nelson is indicted for the crime of attempted murder in the second degree, a Class B violent felony. It is alleged that on July 29 in the Town of Elba that Nelson acted intentionally to cause the death of another person by engaging in criminal conduct to cause death. In count two, Nelson is accused of criminal possession of a weapon in the fourth degree, a Class A misdemeanor, for allegedly possessing a dagger, dangerous knife, razor, stiletto, imitation pistol or other dangerous instrument that day to use intentionally and unlawfully against a person.

Derek Melendez is indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 29 in the Town of Bergen that he stole a credit card belonging to another person. In count two, Melendez is accused of second-degree burglary -- illegal entry into a building, a Class C violent felony. It is alleged in count two that on that day he entered a dwelling on West Bergen Road with the intent to commit a crime. In count three, Melendez is accused of criminal possession of stolen property in the third degree, a Class D felony, for allegedly knowingly possessing stolen property valued at more than $3,000. In count four, the defendant is accused of driving while ability impaired by drugs for allegedly driving a 2020 Nissan Altima with Maryland license plates while his ability was impaired by drugs.

Greg R. Solomonidis is indicted for the crime of second-degree assault, a Class D felony. It is alleged that on July 22 in the Town of Alexander that the defendant intentionally injured another person.

Madalyn R. Muntz is accused of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Aug. 12 in the City of Batavia that Muntz knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, Muntz is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day she knowingly and intentionally possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug -- cocaine, which had an aggregate weight of one-eighth ounce or more. In count three, Muntz is accused of criminal possession of a controlled substance in the seventh degree. It is alleged in count three that on that day she knowingly and unlawfully possessed a controlled substance -- buprenorphine and Naloxone.

Jose A. Rivera is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Jan. 10 in the City of Batavia Rivera unlawfully entered a building on Swan Street intending to commit a crime. In count two, Rivera is accused of second-degree criminal contempt for allegedly intentionally disobeying a court order of protection. 

James D. Weathers and Ayeola N. Williams are indicted for the crime of criminal possession of a weapon in the second degree, a Class C violent felony. It is alleged that on Oct. 31 in the Town of Stafford that they knowingly possessed a loaded firearm -- a Glock 19 handgun. In count two, only Williams is accused of driving while ability impaired by alcohol, in a 2019 Volkswagon Jetta on Clinton Street Road.

Mark D. Tooley is indicted for the crime of driving while intoxicated, as a Class E felony, for allegedly operating a 2007 Honda Nov. 19 on West Main Street Road, Town of Batavia, while he was intoxicated. In count two, Tooley is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, Tooley is accused of aggravated unlicensed operation of a motor vehicle in the first degree, also a Class E felony, for allegedly driving that day while knowing his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count four, Tooley is accused of false personation, a Class B misdemeanor, for allegedly knowingly and intentionally misrepresenting his name, birth day or address to a police officer, after being informed of the consquences of doing so. In count five, the defendant is accused of unlawfully fleeing from a police officer, a Class A misdemeanor. It is alleged that on that day, when he was directed to stop his vehicle by a marked police vehicle, he allegedly attempted to flee, driving at speeds of 25 mph or more above the speed limit. In count six, the defendant is accused of speeding, a violation, for allegedly driving at speeds in excess of 55 mph -- to wit, 100 mph. In Special Information filed by District Attorney Lawrence Friedman, Tooley is accused of having been convicted of driving while ability impaired by drugs, as a Class D felony, on Nov. 29, 2011 in Genesee County Court and that conviction forms the basis for the license suspension or revocation, which remains in effect, and is referred to in count three of the current indictment.

Sharada M. Crumpler is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on Oct. 21 Crumpler drove a 2020 Nissan with Tennessee license plates on I-90 in the Town of Le Roy while in an intoxicated condition. In count two she is accused of DWI, per se, for allegedly having a BAC of .08 percent or more at the time. In count three, Crumpler is accused of speeding, a violation, for driving that day at a speed greater than was reasonable and prudent under the existing conditions. In count four, she is accused of the same violation for driving in excess of the maximum established speed limit for that public highway -- 118 mph in a 65-mph zone. In Special Information filed by District Attorney Lawrence Friedman, Crumpler is accused of having been convicted of DWI, as a misdemeanor, on Sept. 30, 2015 in City of Rochester Court, and that conviction was within 10 years of the crimes alleged in the current indictment.

Jeremiah N. Walker and Samid P. Graves are indicted for the crime of fourth-degree grand larceny, a Class E felony. It is alleged that on Oct. 28 at Tops Friendly Market on Main Street in Le Roy that they stole property with a value exceeding $1,000, to wit: $1,058.35 worth of property.

Wearing masks all day while at school is a drag for kids, and some parents in Pavilion brought their concerns to this week's meeting of the Pavilion Central School District Board of Trustees.

Amanda Holley started an online petition that, at the time of the meeting, had been signed by 183 people (it's now at 200) stating that with Pavilion maintaining a six-feet social distancing rule, all-day masking shouldn't be necessary.

The all-day masking rule is in compliance with recently implemented guidance from the NYS Department of Health. The guidance doesn't draw a distinction from schools maintaining six-feet social distancing and three-feet social distancing.

Superintendent Mary Kate Hoffman said area superintendents all share the same concern, they've discussed it in meetings and have raised the issue with the local health department, but the word back from local health officials is that the state is showing little interest in addressing the issue.

 Hoffman suggested that parents concerned about the issue might do better to contact state leaders.

"I would love to see 183 letters go out to our local senators, our representatives, to share those points of view because you're not alone," Hoffman said. "All of the districts in New York State are feeling the same."

The first speaker, of two, at Tuesday's meeting (whose name wasn't clear on the recording), said on that day her eighth-grader had been required to wear a mask for 10-straight hours, including his time on a bus, except for a lunch break.

"That seems like a long time," she said. "These kids are getting no break."

Holley said she was representing parents who shared a similar concern and questioned why the all-day mask mandate was necessary. She noted that Pavilion has been doing a great job of protecting the kids during the coronavirus pandemic.

"I can't speak for everyone's kids but my kids have been the healthiest -- they haven't been sick, not a sniffle, not a cough," she said.  "I attribute that to Pavilion School. I think the school has done an amazing job. I don't see why we have to fix something that isn't broken."

One trustee, who can't be identified from the recording, sympathized with the parents but said there isn't anything the district can do on its own to change the policy.

"We all wish we could do something," she said. "We have to obey the rules or we face financial penalties or a financial punishment, plus we don't want anybody to get stick. We've been super lucky to keep our school open."

Another trustee noted that the teachers don't like the mask policy, either. It's hard to talk all day in a mask. It's hard to hear students.

Another speaker mentioned that teachers have the discretion to allow mask breaks but many teachers are not providing for mask breaks.

Hoffman said more mask breaks would be encouraged.

"It's pretty easy for us to say for teachers to offer a mask break each period," she said.

Press release:

The Genesee and Orleans County Health Departments (GO Health) have single dose Johnson & Johnson Janssen (J&J) vaccination clinics with appointments available targeting those who are 18 and older and open for any New York State individuals, who reside, work or study in the state.

“The CDC and Food & Drug Administration (FDA) have recommended that the use of J&J’s COVID-19 vaccine resume in the United States,” stated Paul Pettit, Public Health director for GO Health.  “To learn more about the safety of the J&J COVID-19 vaccine please visit the CDC.

"We encourage everyone to talk with their primary care provider if they have concerns about any of the vaccines. With the options we currently have we continue to encourage everyone who is able to get vaccinated with the vaccine they are comfortable receiving.”

All clinics offer walk-in opportunities; however, we encourage you to register via the vaccination webpage or use the vaccine registration help lines below, and choose the appropriate J&J link.

• The GCC clinic is scheduled for Wednesday, May 5^th from 9 – 11 a.m.  
• Genesee County Office for the Aging, Downtown Batavia is scheduled for Wednesday, May 5^th from 1:30 – 3:30 p.m. 
• The Ridgeway Fire Hall clinic is scheduled for Thursday May 6^th from 9 – 11 a.m. 
• Orleans County Health Department is scheduled for Friday, May 7^th from 10 a.m. – noon.

For those who do not have internet they can call the GO Health Vaccine Registration Help Lines:  

• Genesee:  (585) 815-7168
• Orleans:  (585) 589-3170

These lines are ONLY to make vaccine appointments, are not able to answer COVID-related questions, and are not associated with either Health Department.  

Two weeks after receiving the single dose Johnson & Johnson Janssen vaccine the individual will be determined to be "fully vaccinated."  This will allow individuals to not have to quarantine if they are in contact with someone who is positive for COVID-19.

They will also be able to attend large events/activities without having to be tested for entry, such as professional sports, weddings with over 100 guests, proms, graduations and more. Most importantly, you are protecting your health along with others you come in contact with.  

If you are interested in making an appointment to get your COVID-19 vaccination, now is the time to do it locally!  

If you are a business/church/organization, that is interested in hosting a vaccination clinic at your location, please fill out the survey. One of our staff members will be in contact with you.

For those who are seeking testing, both health departments provide limited free rapid testing for those without symptoms at the respective health departments.

For Genesee County, a rapid test drive-through clinic is scheduled for May 6^th at County Building #2, 3837 W. Main Street Road, Batavia.

For Orleans County, a rapid test clinic is scheduled for May 5^th at the Orleans County Health Department at 14016 Route 31 West, Albion.

To register for testing go to the GO Health testing page and choose your preferred clinic location.

If the hiring of longtime Batavian Michael Burns as Genesee County's new information technology director turns out as well as the hiring of Steve Zimmer did a dozen years ago, County Manager Matt Landers and his staff will be delighted.

Burns, the manager of Client Services at Rochester Institute of Technology since December 1998, has been selected to replace Zimmer, who will be retiring from his full-time position on May 7. Burns (photo at right) is scheduled to join the county workforce on May 24.

“Steve came to us 12 years ago after 12 years at the University of Rochester and did an outstanding job,” Landers said today. “Michael is coming to us from RIT after a long career and we’re looking for more of the same.”

Burns, a 1984 Batavia High School graduate, coordinates the activities and work assignments of the National Technical Institute for the Deaf Client Services group that consists of 12 full-time employees, two cooperative education students and eight to 10 student workers per quarter.

Client Services maintains approximately 500 computers in more than 60 NTID classroom/lab spaces, and coordinates NTID interoffice mail services, word processing, duplicating, class notes scanning and the NTID Help Desk.

Other responsibilities of the department include inventory maintenance, secure disposal of equipment, special event support first-level technical response, redistribution of equipment, and the research/implementation of new technology.

Contacted by telephone today, Burns said now is the perfect time for him to explore a new opportunity.

“I always thought that when I became retirement-eligible from RIT that I would want to look around,” Burns said. “Genesee County popped up on the radar and the more I looked into this position, the more excited I became about actually working in my own community – working where what I do affects my neighbors, the Genesee County community – and it affects my life as well.”

A Williamsville native, Burns’ family moved to Batavia when he was in the fourth grade.

“My dad, John X. Burns, worked for Genesee Community College and, ironically, I will be working at County Building 2, where my dad was working when he worked for GCC,” he said.

While at Batavia High School, Burns was in the band and played tennis for a year.

“I was never particularly good at athletics – I was a geek,” he offered.

After graduating from high school, he earned an associate degree from Alfred State before moving to Virginia, where he was the senior designer for Newport News (Va.) Shipbuilding, specializing in power and lighting panel design for nuclear-powered aircraft carriers.

He returned to this area in 1995, becoming technical director for the School of the Arts, which is part of the Rochester City School District. At SOTA, he provided varied computer support for all classroom, lab and office systems.

Along the way, Burns attained his bachelor’s degree in Management Information Technology from RIT.

Looking ahead, he said he is glad that Zimmer will be staying around on a part-time basis for up to three months to assist in the transition.

“I am so grateful that they are keeping Steve around so I can learn from him for awhile before having to go off on my own,” Burns said. “I feel like I’m following a legend.”

On Wednesday, the Genesee County Legislature on Wednesday voted to create a temporary, part-time IT director position to allow for “the incumbent to assist with the transition of a new information technology director.”

The resolution assigns a pay rate of $51.69 per hour, effective May 10 through no later than Aug. 10. Landers confirmed that Zimmer has agreed to accept the temporary job.

“We are very fortunate to have Steve agreeing to stay on as we fully understand the critical nature of IT and the need for a smooth hand off between directors. It is going to be sad to see a great employee like Steve Zimmer leave us, but I am excited to see what new ideas Michael can bring to Genesee County government,” Landers said.

The county manager conveyed that after an extensive search process, the interview committee of several department heads decided that Burns was the best fit to lead the IT department.

“Michael brings 25 years of experience in the IT field with him, the last 20 years spent at RIT managing a staff larger than what he will walk into at Genesee County,” Landers said. “His style and demeanor actually resemble Zimmer’s, which is something the group liked to see. We are confident he can take complex IT issues and communicate solutions effectively to the manager’s office and legislature, and be able to meet the needs of our numerous departments.”

Burns and his wife, Sharon, who works at the BEST Center at GCC, have one daughter, Courtney, who is graduating this year with a degree in Nursing from D’Youville College in Buffalo. D’Youville College participates in a tuition exchange program with RIT.

In his spare time on the weekends, Burns is the bass player for Triple Threat, a six-member party rock band out of Buffalo (that’s him, fourth from left in the photo below).

“We play a little bit of everything – '60s, '70s, '80s, country – you name it and we play it,” Burns said. “That’s my outlet.”

The City of Batavia offers nine parks for citizens to enjoy, starting at 7 a.m. until dusk each day.

All city officials are asking in return – at least for this recreation and picnic season – is for users to take out any and all trash that they take in.

“We are not accepting pavilion rentals this year, which means that the park is open to the public and anyone is free to use it,” City Manager Rachael Tabelski said. “If residents use the pavilions we are asking them to ‘carry in and carry out’ (their trash) at this time.”

Tabelski added that trash receptacles will be placed in high use areas for patrons to use, especially around the playgrounds.

At Monday night’s City Council meeting, she emphasized that trash containers will continue to be available on Main Street as well.

Council President Eugene Jankowski Jr. said that he wasn’t sure why comments found on social media sites indicated that the city would not be placing trash cans along Main Street.

“It wasn’t a city official spokesperson that even mentioned Main Street,” he said.

Tabelski said that Council, during budget discussions, decided to reduce overtime for the parks department “and one of those ways was to ask citizens who use the pavilions to carry in and carry out.”

The city’s nine parks are as follows:

• Austin Park, 15 Jefferson Ave.;
• Centennial Park, 151 State St.;
• Farrall Park, 101-111 Otis St.;
• Kibbe Park, 105-111 Kibbe Ave.;
• Lambert Park, 100 Verona Ave.;
• Lions Park, 108 Cedar St, and 8 Wallace St.;
• MacArthur Park, 252B State St.;
• Pringle Park, 14 Pringle Ave.;
• Williams Park, 101 Pearl St.

More information about the parks can be found by clicking HERE.

The Genesee County Legislature on Wednesday issued a proclamation designating May 2-8 as National Correctional Officers' Week.

Taking part in the presentation at the Old County Courthouse were, from left, County Jail Superintendent William Zipfel; Legislator Marianne Clattenburg; Jail Corrections' officers Marissa Jacques, Michael Cox and John Garlock; Undersheriff Bradley Mazur, and Sheriff William Sheron.

The proclamation read, in part, that the legislature "wishes to acknowledge the difficult job we ask these correction officers to perform, locked within a facility for a large part of their day where they must securely, safely and humanely keep those committed to the jail, respecting the rights and dignity of all inmates ..."

Sheron commended the work of the jail staff, stating, "they went through hell this past year (in dealing with the coronavirus pandemic) and came through with flying colors."

Photo by Mike Pettinella.

Le Roy residents Glen Adams and Mike Ciociola, both members of the Genesee County Federation of Sportsman’s Clubs, today threw their support behind a proposed local county law that would allow deer hunting by 12- and 13-year-old licensed hunters with a firearm or crossbow under the supervision of a licensed adult.

Speaking at a meeting of the Genesee County Legislature this afternoon, Adams said, “We’re both here to encourage this body to vote positive on opting into the new state law, for a two-year trial period, for youth 12- and 13-years-old to be able to hunt – with supervision.”

Moments later, lawmakers voted in favor of setting a public hearing for 5:30 p.m. on May 12 on what has been designated as Local Law Introductory No. 1 Year 2021 of the County of Genesee. The public hearing will take place at the Old County Courthouse and via Zoom videoconferencing.

If approved, the law would enable Genesee County to take part in the state’s pilot program permitting 12- and 13-year-olds to hunt deer during season with a crossbow, rifle, shotgun or muzzle loaded firearm through Dec. 31, 2023.

When asked about possible opposition to the law, Adams said the strict supervision component is important to the community of sportsmen and sportswomen.

“That (opposition) is always a possibility but we’ve been pushing for it for a long time through the New York Conservation Council, through our federations – trying to move it to a younger age, but it’s under supervision,” he said. “You’ve got to be within physical restraint of the kid, you’ve got to be on the ground. We see it as a positive thing. I’ve got five boys and I would have loved to been able to take them out earlier than I was.”

Ciociola, who also represents Genesee County on the NYS Fish & Wildlife Management Board, said he didn’t expect the state to approve such a measure in 2021.

“I was very surprised that New York State would actually put it in the bill this year,” he said. “I normally wouldn’t have thought that public opinion would have steered it in that direction. But also, just from the fact that I believe that the education – hunting -- rather than waiting until they’re 14, 16, I think they’ll make for safer hunters … more ethical, better hunters if they start at the age of 12.”

Both men said they believe many parents will capitalize on the opportunity for their sons and daughters to take up the sport.

“Although I’m a father of five boys, I would love seeing the young ladies out there,” Adams said. “I do coach the Le Roy trap team and we have female youth. We’d love to see them out there, also.”

Legislator Christian Yunker said the law is needed at this time.

“This was put into the governor’s budget and we know that we need to get the next generation of hunters involved, and we know that we have a deer management issue,” he said. “And this is going to help us.”

Along those lines, City of Batavia Manager Rachael Tabelski this week said the Batavia Police Department will be selecting a deer program coordinator this year to work with the NYS Department of Environmental Conservation to "implement and executive the (city's) deer management plan. She said the hope is that the program to cull the deer population could be started this fall as long as the City School District continues full in-person learning.

Previous: Proposed county local law permits 12- and 13-year-olds to hunt deer with strict supervision

In other developments, the legislature:

• Approved four capital projects, totaling $225,000, that were accounted for in the 2021 budget: Holland Land Office Museum exterior paint ($15,000); Genesee County Park Interpretive Center moisture protection and siding ($80,000); DeWitt Recreation Area Pavilion No. 2 parking lot ($65,000); and Genesee County Park and Forest water system upgrade ($65,000).

The project will be paid from the county’s 1 percent sales tax revenue.

• Heard from County Manager Matt Landers that today was the final day of “first doses” of the COVID-19 vaccine at Genesee Community College. “Second doses” will be administered at GCC for a few more weeks, and then everything will be moved to County Building II on West Main Street Road.

Calling it a “milestone,” Landers said the operation at the college went “smoothly, effectively and efficiently.” Still, he said he had hoped more people would have been vaccinated at GCC.

Legislature Chair Rochelle Stein thanked the community and volunteers for working “on behalf of the goal” and urged residents to get the vaccine because “it does matter.”

Press release:

• Genesee County reporting 18 new positive cases of COVID-19. (The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.)
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford) 
  • The individuals are in their 0-19s, 20s, 40s, 50s and 60s. 
  • Eleven of the previous positive individuals have recovered and have been removed from the isolation list.  

​

• Orleans County reporting 21 new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Eight of the new positive individuals were on mandatory quarantine prior to testing positive.
  • Six of the previous positive individuals have recovered and have been removed from the isolation list.
  • Four of the current positive individuals are hospitalized.

Updated, 7:30 p.m., with comments from Henry Wojtaszek, Batavia Downs Gaming:

For more than a year, restaurants, bars, bowling centers and similar establishments have had to operate under strict COVID-19 mandates from New York State, including the stipulation that patrons must purchase food when having an alcoholic beverage.

Well, judging from today’s announcements from Gov. Andrew Cuomo and the state legislature, some of those executive orders are about to become part of history.

State lawmakers reported they are pushing to shelve several of the governor's commands, while Cuomo, himself, also said that the 12 a.m. food and beverage service curfew will be lifted for outdoor dining starting on May 17 and for indoor dining locations starting on May 31.

Local reaction to the news indicates that these restrictions went on too long and were counterproductive.

“Serving food with beverage was a total distraction for customers,” said Kent Ewell, owner of O’Lacy’s Irish Pub, 5 School St., Batavia. “It was a very … again, you bend with the law, but you actually sometimes question it.”

But Ewell said that the imposition of a curfew for dining at midnight really doesn’t pertain to a rural area, such as Genesee County.

“A lot of the stuff that gets taken care of is affecting Downstate more than Upstate. Everything is throughout the state, but in Batavia, most of the guidelines announced do not pertain to anybody,” he said. “How many people do you know go out and get a steak at midnight? When they’re saying dining at midnight, that’s mostly New York City or where people are up later and hours are later – maybe in Buffalo there is some of that.”

Ewell: Finding Workers is Another Issue

Still, Ewell said he is glad to see Cuomo relaxing some things.

“I know that every state is different … obviously, I’ve questioned some things throughout this whole pandemic and hopefully soon we will get back to normal,” he said.

He acknowledged that coronavirus mandates limiting hours of operation and halting indoor dining took a toll on his business.

“We’re open from 11 a.m. to midnight but now we’re closed on Sunday and Monday,” he said, adding that it likely will stay that way due to difficulties finding employees.

“I won’t tell you why they’re not working, that’s my own opinion, but everybody is having trouble hiring people. It’s happening in a lot of industries,” he advised. “We’re still open, but financially it has not been a pleasant ride, let me put it that way.”

Cuomo also revealed the lifting (on May 17) of the 1 a.m. curfew for catered events where attendees have provided proof of vaccination status or a recent negative COVID-19 test result and the end (on May 31) of the curfew for all catered events.

Governor Announces More Changes

Other changes include:

• The resumption of catered events at residences beginning May 3 above the state's residential gathering limit of 10 people indoors and 25 people outdoors, as long as the events are staffed by a professional, licensed caterer, permitted by the respective locality or municipality, and strictly adhere to health and safety guidance, including social and event gathering limits, masks and social distancing.

• The rethinking of dancing among attendees at catered events to be aligned with neighboring states, starting on May 3. This would replace fixed dance zones for each table with social distancing and masks.

• Starting May 3, seating at bars will be allowed in New York City, in line with the food services guidance that is in effect statewide.

Sen. Rath: It's About Time

Sen. Ed Rath, NYS Senate District #61, said the easing of these mandates are long overdue.

“While I am extremely happy for our restaurants that these arbitrary mandates are being repealed, it has taken far too long. It should never have had to come to lawsuits and court hearings for our restaurants to be able to operate,” according to his statement. “The industry has struggled for over a year, at no fault of their own, and the state should be doing everything they can to aid them in their recoveries. Instead, we are seeing the state continue to place unnecessary and cumbersome burdens on our restaurants and bars.”

Rath thanked “our amazing restaurants throughout Upstate who have adapted and continued to serve our communities throughout the pandemic.”

“During such a chaotic and stressful year, for many being able to order their favorite dish from their local restaurant was a much-needed sense of normal,” he said.

NYS Restaurant Leader: A Win for the Industry

On a state level, Melissa Fleischut, president and chief executive officer of the New York State Restaurant Association, issued the following statement:

“We’re encouraged by the news that the state legislature plans to eliminate the burdensome mandate that food be purchased with alcohol. This will singlehandedly boost the bottom line for restaurants and bars all over the state, and many have yet to reopen because of this specific requirement. While this is a win for the industry, and one that the New York State Restaurant Association has been pushing for months, this is just one step. Let’s work together to create a plan that details full reopening.”

Cuomo, in his announcement, warned, “To be clear: we will only be able to maintain this progress if everyone gets the COVID vaccine. It is the weapon that will win the war and we need everyone to take it, otherwise we risk going backward.”

The governor also said that, starting May 15, gyms and fitness centers outside of New York City will increase from 33-percent to 50-percent capacity, casinos and gaming facilities will increase from 25-percent to 50-percent capacity, and offices will go up from 50-percent to 75-percent capacity.

"We are encouraged that things are moving in the right direction since ... we’ve certainly had our struggles with the state’s rules," said Henry Wojtaszek, president of Western Region Off-Track Betting Corp. "We welcome the ability to have more people on the gaming floor. We are actually installing more games in the next few weeks and will continue to adhere to the state’s guidelines on social distancing and our cleaning schedule."

Small-scale solar projects are on hold in the Town of Batavia until municipal officials, working with a paid consulting firm, can find the right ingredients to ensure a fair and effective solar ordinance.

Town Building Inspector Dan Lang took some time out of his busy day Tuesday to update The Batavian on the status of the new code, which he hopes will be drafted and approved over the next few months. In January, the town placed a moratorium on solar farms without establishing an end date.

“We’re putting out bids for a consultant and want to make sure it is the right fit for the town and matches up with our comprehensive plan,” Lang said. “We want to remain solar-friendly but we also want to make sure that we’re putting them in the right areas.”

As is the case with determining real estate values, the phrase “location, location, location” applies in the solar arena, Lang said.

“We have much to review and to sort out, but I can tell you that we’ve been tossing around the idea of incentive zoning for these systems – a tiered approach where you have your best locations, followed by areas that we would allow but would come with more restrictive setbacks and guidelines,” Lang explained. “Then, finally, a third tier where we really don’t want solar on prime farmland but if you’re going to put it here, this would have to be in a specific spot (and likely costlier for the developer).”

Part of the siting process is to identify areas where the transmission power lines have enough capacity to hook into the grid, Lang said.

Thus far, the Town of Batavia has approved five solar projects, all of them active and sitting on parcels of 20 acres or less and generating 2 to 5 megawatts of electricity. Those five are on Bank Street Road (on land owned by Thomas Lichtenthal), on Lewiston Road (two, Call Farms) and on Pearl Street Road (two, Dan Miller).

Five more are at various stages of construction and/or review and are yet to be activated. Those are on West Main Street Road (two, Fred Bowman), on Batavia-Stafford Townline Road (Daniel Underhill), on Galloway Road (Wayne Dunham) and on Ellicott Street Road (Donald Partridge).

Another five are in limbo, Lang said, due to the moratorium and the effort to adopt a new solar ordinance.

Lang said town officials have learned much through the process of approving the five systems, notably that they weren’t up to speed on the amount of buffer and screening needed to hide them from neighbors, and that they would have been better served by limiting the number of utility poles.

That’s where the consultant comes in.

“From experience, we realize we need to reach out and have a consultant come in and tell us some of the better areas for the solar – more or less, what companies will be looking for as far as transmission lines that have the capacity to move electricity from solar farms,” Lang said.

He admitted that it has been difficult keeping up with an industry that is constantly changing.

“For example, we’re finding that we can get away with more underground lines instead of looking at the ugly utility poles,” he said. “No matter what, it continues to evolve and then there is the matter of battery systems and battery storage to deal with. It’s all moving at a rapid pace.”

Lang said the objective is to respect the landowners’ right to put solar on their property while producing cleaner and greener energy in a location that doesn’t negatively impact the surrounding community.

“We realize – and this is a big thing – that supplemental income for the farmer who wants the solar there is important and we encourage that because that’s the highest and best land use value for them,” he said. “And we’re trying to find areas where it’s ‘out of sight, out of mind’ and not intrusive to the neighboring properties.”

Currently, the town requires a decommissioning bond on every project, Lang said.

“If something does go south with it, the system will be removed. It really is a farmland protection. If it is removed five or 10 years from now, you have soil that has been untouched and ready to go again for farming,” he said,

Lang acknowledges that solar projects draw complaints from those who live next to the proposed site.

“We’ve heard them all – they’re an eyesore, they pollute the land and so on,” he said.

When a consultant is selected and a new ordinance is drafted, the plan will be reviewed by county and town planning boards before going to the Town Board, Lang said. Until then, more meetings of a six-person committee that includes Lang will be scheduled and citizens are invited to send their opinions via email to solar@townofbatavia.com.

Other members of the committee are Town Board Member Chad Zambito, Town Planning Board members Paul McCullough and Donald Partridge, citizen representative Nancy Brach and Zoning Board of Appeal Member Brittany Witkop.

• Genesee County reporting 23 new positive cases of COVID-19. The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, LeRoy, Pavilion, Stafford) 
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
• Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.  

 

Orleans County reporting 10 new positive cases of COVID-19.  

• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
• Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
• Two of the current positive individuals are hospitalized.

With close to 80 percent of its fundraising goal of $14 million in hand, the principals of the Healthy Living Campus for Downtown Batavia this morning announced the start of a public “community challenge” to bring in an additional $1 million.

“Today, on behalf of the GLOW YMCA, I am excited to announce that we are launching the public phase of the “Transforming Lives” campaign,” said Rob Walker, chief executive officer of the GLOW YMCA. “This campaign will allow the Y to build a Healthy Living Campus in Downtown Batavia, in partnership with Rochester Regional Health’s United Memorial Medical Center.”

The $30 million project, which is a key component of the city’s $10 million Downtown Revitalization Initiative award from New York State, will integrate services provided by the two entities under one extremely large roof. Construction is slated to begin this fall, with completion anticipated for some time in 2023.

The two-story building will cover a distance starting just east of the current YMCA and extending all the way to Wiard Street. Twenty thousand square feet of space will be available for hospital services and 60,000 square feet of space will be utilized by the YMCA.

Walker, during a 30-minute event for local media, said the YMCA “dedicated” volunteers have raised more than $11 million toward our $14 million fundraising goal.

“With us nearing the goal, we are now here to ask the community for support to help us reach our public phase goal of $1 million,” he said. “In addition, we are excited to share a donor match challenge. With the generous support of Peter Zeliff, we have a community challenge to support the new YMCA. Until September 2021, his support will match dollar-for-dollar all new gifts up to $500,000.”

Zeliff: We Need the Y for the Kids

Contacted by telephone this afternoon, Zeliff, chair of the Genesee County Economic Development Center Board of Directors and developer of the Oakwood Estates housing complex on East Main Street Road, said that in his view, it's all about providing opportunities for youth.

"I’ve lived in this area pretty much all of my life. I was born here and raised here, and I really think that this community needs the Y – mainly for kids," he said. "So, kids can have someplace to go and something to do. I believe in that project and I believe it will be good for Batavia and it will be good for Genesee County."

Zeliff said it is remarkable that $11 million has been raised thus far.

"When we started working on the Y project, myself and a bunch of other people thought that was an awful big ask for Genesee County residents to raise $14 million here. But, we’ve already raised over $11 million and that’s pretty amazing," he said.

Walker said that the timing of the project will “ultimately be determined by completion of the capital campaign.”

He then read a list of the planned services, starting with a state-of-the-art wellness center, indoor pool, group exercise studios, and gymnasium with indoor walking/running track.

Other features include a teaching kitchen, indoor playground, youth spaces, living room, and meeting rooms.

Integrated Services Under One Roof

“Our partnership with UMMC will provide primary care, behavioral health/crisis intervention services, telemedicine integration, cancer prevention outreach services, chronic illness services, and education services all in the same facility,” he said, noting that co-located services will include chronic disease management, rehabilitation, mental health, and community education.

“The new Y is for the children, adults, and families in our community. It will be a place for people from all walks of life to come together, gather and improve the quality of life,” he said.

UMMC President Dan Ireland predicted the Healthy Living Campus will be “a dynamic change to Downtown Batavia.”

“A thoughtful process has been undertaken to determine how to bring the right services that will complement each other,” he said. “So, as we look at our primary care center, which will grow and expand from what we offer today at Batavia Primary Care, it will allow more patient access, but also allow our doctors, our nurses, our resident physicians to leverage the work with the Y and integrate wellness and fitness into the regimens they use to care for patients.

“It’s a perfect match as we try to look holistically at people’s health to be able to then to work with Rob’s team to create ways and pathways for people to continue their journey to a healthier lifestyle.”

Ireland said an emphasis will be on cancer screenings, diabetic care, healthy eating, and education.

“There are a lot of ways to bring that all together, inclusive of our Baby Café, which will help breastfeeding moms – maybe the first time or subsequent times as they’re trying to work through the struggles that some people experience with breastfeeding, as well as leveraging from the childcare services that the YMCA offers for patients who are coming for visits at the hospital,” he explained.

Project Rep: Going for That Urban Feel

David Ciurzynski, design consultant and representative for both organizations, spoke about the look of the building prior to the fundraising appeal.

“We’re trying to bring in elements of the brick and the glass,” he said. “The brick is going to highlight the brick buildings and brick facades that we currently have on Main Street, Batavia – playing homage to the Seymour Building (GO ART! headquarters), which is a historic building. And then we have the glass and the panels, trying to mix of materials that give that urban feel – that modern, bright, fresh look that we want to achieve.”

Ciurzynski also reported on the last week’s initial site plan review by the City of Batavia Planning and Development Committee, stating the purpose was to help the PDC understand the status of the design process and to gain insight from the committee members.

“We are encouraged by their thoughtful questions and comments, such as the desire to enhance the project from Main Street,” he said. “We are working with the design team at CPL (Clark Patterson Lee) to develop concepts that enhance the entrance and Main Street courtyard. It is our hope that weather permitting, this courtyard can be utilized as an extension of our indoor program and activities.”

Board Director: A Transformative Build

Paul Marchese, chair of the Genesee Area YMCA Board of Directors, said he sees the campus as “the most transformative and impactive build in my history – and I’ve been living here all of my life.”

“I’m happy to support this project, which will significantly change Downtown. It is one of many investments that are going to reinvigorate Downtown. We think that our membership will significantly increase in factors. It is an amazing structure,” he said.

Walker said the YMCA was last renovated in 1975, He said he expects Downtown activity to triple once the campus is complete.

Plans call for the current YMCA to stay open until the new building is finished, meaning that there will be no disruption in services.

Others on hand for the announcement were Christopher White, chair of the GLOW YMCA Board of Directors; Paul Battaglia, capital campaign chair; and John Riter, capital campaign cochair.

Photo at top: Rob Walker addresses the media this morning. Middle: Walker and David Ciurzynski; Bottom: Dan Ireland and Walker. Photos by Mike Pettinella.

The implementation of New York’s recently passed legislation allowing the recreational use of marijuana for residents 21 and over is a year or two away, but the Batavia City Council believes it’s not too soon to gather as much information as possible and to gauge the pulse of its citizens.

At their Conference Meeting tonight at City Hall, Council members and City Attorney George Van Nest engaged in a 33-minute back-and-forth discussion about the new state law, officially known as the Marijuana Regulation and Taxation Act.

Council Member Robert Bialkowski asked to have the topic placed on the agenda and Batavian Sammy DiSalvo, during the public comments portion of the meeting, said he wanted to know if the board has taken a position – either for it or against it.

“With the passage of the MRTA about three or four weeks ago, municipalities have until December 31^st of this year to opt out of allowing – I think it’s either the sale or places to pop up to either use drugs, specifically pot, in a recreational kind of way,” DiSalvo said. “Is the city leaning toward banning all of that? Because you can opt out up until December 31^st -- after December 31^st you can no longer opt out, but can opt back in.”

Van Nest concurred with that assessment, adding that municipalities can opt out “through a local law adoption” and they have to do so before the end of 2021.

“If that local law is filed, basically it doesn’t become effective for 45 days, giving the public to file a referendum or a petition seeking to have that question brought before the voters,” he said. “So, essentially what is required is a trigger of 10 percent of the electorate – the voters for the last electorate, rather – and then, if a sufficient petition is filed with sufficient numbers, the question of whether or not the opt out would go before the public in a subsequent election.”

Bialkowski kicked off the discussion, inquiring about the effects of secondhand smoke from marijuana on children. That prompted Council President Eugene Jankowski Jr. to point out that, like cigarettes, marijuana use would not be allowed at city parks. But, under the new law, adults would be free to smoke cannabis in their homes and on a public street.

Jankowski said he learned from a webinar with the New York Conference of Mayors that businesses would be limited to being either a grower, seller or an on-premise place of consumption. He added that the state has set up a Cannabis Control Board, a five-member group that will be working with an advisory committee to create the Office of Cannabis Management.

According to published reports, the CCB is expected to be in place within a few months, and will get the process rolling for the granting of licenses to dealers and formulating rules and regulations.

After Council Member Al McGinnis said that federal laws on marijuana will supersede state laws, specifically mentioning federally operated housing and the inability to purchase a gun, Jankowski said he thought it would be wise to wait until regulations are adopted and then for Council to direct City Manager Rachael Tabelski to “get involved in the code enforcement planning process.”

Jankowski said he believed the city would be limited in what it could do, other than define the location of a dispensary and possibly the hours of operation. He said he liked the idea that the law adds to the control, regulation and safety aspects of marijuana, which would stop juveniles from getting their hands on it.

He also indicated that he was keen about the fact that municipalities with a dispensary will receive 3 percent of a 13-percent excise tax on marijuana sales.

Jankowski’s contention was that if Batavia was to opt out, a dispensary could be set up just outside the city limits and the city would miss out on revenue that could go toward increased police patrols or other measures to mitigate any negative effects of legalized pot smoking.

Council Member Rose Mary Christian wasn’t buying that reasoning, however. She said that it’s “absolutely correct that it (marijuana) is already out there” and the law was passed only because the state needs the money.

“They really don’t give a damn about kids or adults, and the fact that they would be loaded all the time and cause accidents like they are in the state of Colorado,” she said, calling for Council to opt out as soon as possible.

Van Nest then weighed in, noting that while the use is authorized at this point, the actual sales likely won’t happen until 2022 or 2023 as it will take that long to set up the regulating agencies and parameters concerning consumption, growing and sales. The attorney also said that cannabis will be treated in the same manner as cigarettes and vaping when it comes to secondhand smoke.

“Relative to the zoning issue, it’s going to be up to the municipalities whether or not they want to regulate time, place and manner,” he said.

Jankowski said he was advised that people will not be able to grow marijuana plants until all the regulations are in force.

“I think a lot of people are thinking, ‘Hey, in a couple of months I’ll have my own supply – it’s legal now.' But technically, they’re not allowed to grow it because if you grow it and give it away … it becomes a violation …,” he said.

The council president then asked his colleagues how they felt about opting out.

Christian said she was in favor of that, while Bialkowski brought up the possibility of a public hearing to get residents’ opinions. Van Nest said no to a public hearing but stated that a public information meeting would be in order.

After Jankowski said an opt out wouldn’t really solve anything because people could purchase marijuana and transport it back to the city, Christian said she wasn’t worried about other areas, just the kids in Batavia.

Jankowski said it wasn’t his responsibility to tell adults how to live their lives before Bialkowski suggested having someone from the outside – a professional – come to a Council meeting to educate the board members.

Again, on the opt out, Jankowski said, “I personally think it’s a waste of time and we’re cutting ourselves short by not at least regulating it and keeping an eye on it, and keeping it close so we can pay attention to what’s going on. If we have a problem, then at least we have some money (from the excise tax) to compensate for that problem."

Council members Patti Pacino and Kathleen Briggs said they would support “an expert” coming in to advise them about the provisions of the law, leading Jankowski to say he didn’t want to have 500 people at a meeting with half against it and half for it, “and not really resolving anything.”

Council Member John Canale compared the situation to that of alcohol sales, concluding that opting out won’t accomplish much by disallowing sales in the city because people will “walk in and buy it (pot) and walk out with a bag in their hand.”

Canale then suggested getting public input, asking residents to contact their councilperson with their thoughts on the matter. He added that he didn’t think there will be much of an outcry either way.

In the end, Jankowski said the issue would be “tabled for now” and reconsidered when Council hears more from the state. He then asked Tabelski to keep Council informed as new developments occur, once again mentioning that the city would receive 3 percent of the excise tax generated by cannabis sales.

New York State officials are indicating that marijuana sales are expected to generate $350 million in revenue to the state per year, and around 50,000 jobs will be created.

Previously: Marijuana use debate takes new twist now that NYS has legalized recreational use for adults

During a Special Business Meeting after the Conference Meeting, City Council passed resolutions, as follows:

• Hiring of a police officer and two firefighters and funding special police details after learning that an additional $262,656 was coming to the city in state Aid and Incentives for Municipalities’ funding. Tabelski noted “the stability of AIM money” in her recommendation to unfreeze these positions, which were left vacant during budget deliberations.

• Contracting with Keeler Construction Co. Inc., of Albion, to replace an old and inefficient air header – a key component for providing oxygen back into the ponds to digest waste at the wastewater treatment plant. The amount of the contract is $777,425. The air header replacement is part of a $1 million wastewater treatment plant project.

• Applying for a grant for $328,000 from the Northern Border Regional Commission, which would cover 80 percent of the cost to upgrade water lines on Bank Street between Main Street and Washington Avenue in support of future development projects as well as improving water pressure for fire suppression. The City would be responsible for 20 percent – or $82,000 – of the project’s total cost.

Press release:

OurBus announced today a new cooperation with family-owned transportation company Niagara Scenic Tours to offer daily intercity bus service linking Batavia with seven cities in New York and one in Pennsylvania. The route goes through Niagara Falls, Buffalo, Batavia, Geneseo, Corning, Elmira, and in Pennsylvania -- Sayre, en route to New York City, starting May 12.

Also, passengers can make connections to points all across New York and New Jersey with stops at the Greater Binghamton Transportation Center in Binghamton and Bridge Plaza in Fort Lee, N.J. 

OurBus’ technology and service empowers bus companies and local communities alike to increase regional transportation options, connecting people to jobs, medical appointments, and education in larger cities.

Niagara Scenic Tours’ high-end, charter-style motorcoaches will be used on the route, equipped with wifi, power outlets, and overhead storage. Passengers can book rides instantly, track the bus in real time, and rest assured with the best customer service in the industry, as reflected in OurBus’ 4.4/5 star rating from more than 8,000 riders. 

“OurBus believes that movement is essential to human nature. And as people get vaccinated, they can finally travel to see their friends and family,” commented OurBus cofounder Axel Hellman. “This route will help people see those familiar faces as well as get back to work and school.”

Tickets are sold on OurBus.com or on the OurBus App, eliminating the hassles of buying paper tickets. OurBus rides can be cancelled or rescheduled without fees. Fares to New York start at $45, and vary based on demand. Rates for shorter trips to points within Western New York are as little as $7.

Starting May 12, buses to New York City depart daily from the Citgo station on Park Road in Batavia at 7:30 a.m.

“Our company has been serving the region for over 45 years with our charter and tour services," said Niagara Scenic Tours’ Vice President Hadley Bos-Fisher. "We are thrilled to offer a daily, express bus route to meet the transportation needs of our community.”

CDC guidelines for travel are in place, including enhanced cleaning procedures. Hand sanitizer is available on the bus, and passengers must wear a mask covering the mouth and nose at all times. 

About OurBus

Rally and OurBus together represent the leading marketplace for regional travel in the United States. Founded in 2016, OurBus has a network of intercity services that connect 100+ locations. With their customer-first approach they disrupt the legacy incumbent companies and grow the intercity transportation market.

Search schedules and buy tickets at ourbus.com or the app. OurBus does not own or operate any buses, and employs no drivers or mechanics. Access brand guidelines, logos and media files here.

NIAGARA SCENIC TOURS, a locally owned and operated business, offers the personal touch that differentiates us from the competition. We have been serving the Western New York community and beyond for more than 45 years. Today, the company services transportation and travel needs throughout the greater Western New York area including the Greater Buffalo/Niagara region, Greater Rochester area, as well as Olean and Southern Tier New York State and Northwest Pennsylvania.

From the Village of Le Roy Police Department:

Jared S. McDonald, 27, of South Street Road, Pavilion, was arrested by the Le Roy Police Department on April 23, following the execution of a Search Warrant.

McDonald was charged with grand larceny in the second degree, a Class C felony, and coercion in the first degree, a Class D Felony.

As a result of the Search Warrant, McDonald is also facing several from the Genesee County Drug Task Force, including: multiple counts of criminal possession of a controlled substance with the intent to sell in the fifth degree; criminal possession of a controlled substance in the in the seventh degree; criminal possession of an assault weapon in the third degree; criminal possession of a weapon in the third degree; and criminal possession of a weapon in the fourth degree.

On April 19 the Le Roy Police Department received a complaint of property taken by means of extortion on April 14. It is alleged that the defendant placed the victim in fear of physical injury if the victim did not sign various items of property over to him. 

During the investigation, it was allegedly discovered that the stolen property was still in McDonald’s possession at his residence in Pavilion. Further investigation led officers to believe that McDonald was selling controlled substances out of his residence and was also in possession of firearms.

A Search Warrant was executed on April 23 at McDonald’s residence, due to items McDonald was believed to be possession of. The Le Roy Police Department was assisted by the New York State Police Special Operations Response Team, members of the Genesee County Drug Task Force, and members of the New York State Police Community Narcotics Enforcement Team.

McDonald was found to allegedly be in possession of a quantity suspected methamphetamine, psilocybin mushrooms ('shrooms), lysergic acid diethylamide (LSD), other controlled substances, drug paraphernalia, firearms, and the property that was previously reported taken from the victim.

Some of the offenses McDonald was charged with did qualify for prearraignment detention under the NYS Justice Reform Act. The District Attorney’s Office was contacted for a bail recommendation due to the level of the offenses. It was advised that McDonald should be jailed on $2,500 cash bail, $5,000 bond, or $20,000 partially secured bond.

McDonald was arraigned in court (unspecified) by Justice Randy Baker then released under supervision of Genesee Justice. He is to return to court on June 16 to answer to the charges.

Charles Tomaszewski, 58, (inset photo right) no address provided, was arrested at 1 a.m. on April 15 on Redfield Parkway, Batavia, following an investigation into a domestic incident. Tomaszewski is charged with unlawful imprisonment in the second degree; first-degree sexual abuse; and second-degree harassment. He was virtually arraigned in Batavia City Court and released on his own recognizance. He is scheduled to appear in Batavia City Court on May 27.

Edward R. Freida, 49, (inset photo left) no address provided, was arrested at 3:15 p.m. April 18 on Pringle Avenue, Batavia, following a domestic incident during which he allegedly struck, then strangled a woman, causing her to lose consciousness. He then allegedly broke her cell phone after forcefully taking it from her. Freida is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and third-degree robbery. He was virtually arraigned in Batavia City Court and put in Genesee County Jail in lieu of $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond. Freida is scheduled to reappear in Batavia City Court on May 20.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal obstruction of breathing and third-degree assault. At 7:30 p.m. on April 23 Sheriff's deputies were dispatched to a residence on East Main Street in Byron for a domestic incident. Zon was arrested and arraigned in Genesee County Court, where an order of protection was issued to the victim. Zon was released on his own recognizance and is due in Byron Town Court on June 16.

Olivia Carolan Delorme, 18, of Cockram Road, Byron, is charged with fourth-degree criminal mischief. She was arrested at 4:25 p.m. on April 23 on Cockram Road following a domestic incident. She was issued an appearance ticket and is due in Byron Town Court on June 7. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig.

Joseph Michael Augastino, 31, of Mann Road, Akron, is charged with trespassing. At 5:37 p.m. on May 18 Genesee County Sheriff's deputies responded to an address in the Town of Batavia for a domestic incident. Augastino allegedly remained in the property after being told multiple times to leave. He was issued an appearance ticket and is due in Town of Batavia Court on May 18. The case was handled by Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

Adam Bart Thomas, no age provided, of South Main Street, Batavia, is charged with criminal mischief in the fourth degree and disorderly conduct. At 12:11 a.m. on April 24, Thomas was arrested after he allegedly damaged property in a reckless manner at a hotel on Federal Drive in Batavia. He was released with an appearance ticket to be in Town of Batavia Court on May 13. The case was handled by Batavia Police Officer David Moore, assisted by Sgt. Michael Lute.

Richard Burdick, 43, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which drug narcotics were allegedly located in his vehicle. He is charged with criminal possession of a controlled substance in the seventh degree. Burdick was issued an appearance ticket and released.

Christopher Weigman, 32, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which he was allegedly found to possess a controlled substance. He is charged with criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument. He was issued an appearance ticket and released.

Lisa Fox, 49, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which she was allegedly found to possess a controlled substance and a hypodermic instrument. She is charged with criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument. She was issued an appearance ticket and released.

Dawn Lockwood, 51, no address provided, was arrested at 3:30 p.m. April 15 on Main Street in Batavia after she allegedly took money from another person under false pretenses and refused to return it. She is charged with petit larceny. Lockwood was released on an appearance ticket returnable to Batavia City Court on May 4.

Michael Lytle, no age or address provided, was arrested at 8:45 p.m. April 18 in Batavia after it was reported that "he was kicked out of a local bar, then began being demonstrative in the parking lot, briefly leaving in a vehicle then returning." During an investigation, it was determined that Lytle was allegedly operating a motor vehicle while under the influence of alcohol. He is charged with driving while intoxicated and driving with a BAC of .08 percent or more. Lytle was issued traffic tickets then released. He is due in Batavia City Court on July 20.

Andrew William Taylor, 33, of Oak Orchard Road, Medina, is charged with petit larceny and criminal mischief. At 5 p.m. on April 21, Sheriff's deputies were dispatched to Walmart for a larceny complaint. It is alleged that Taylor stole and damaged merchandise belonging to Walmart. He was issued an appearance ticket and released. He is due in Batavia Town Court on June 15. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Kyle Krzemien.

Owners of Quicklee’s Convenience Stores have their eyes on the former site of the Bob Evans Restaurant at 204 Oak St. for a convenience store with a retail fuel station.

The City of Batavia Planning & Development Committee last week reviewed the sketch plan submitted by Patricia Bittar, director of land development projects for Quicklee’s, which has about two dozen stores/retail fuel locations – mostly in Livingston and Monroe counties.

“Right now, the site plan looks favorable. It fits really nice there, you know, with the Thruway exiting,” PDC Chair Duane Preston said.

According to a letter from Bittar to City Code Enforcement Officer Doug Randall, the proposed project involves converting the existing 3,771 square-foot building into two sections: 2,700-plus square feet for the convenience store and the remaining 1,000-plus square feet for a “quick service restaurant partner with a drive-thru window.”

Additional aspects of the site modification plan are as follows:

• The 12-foot wide drive-thru lane will be situated along the east and north building walls, with a 13-foot wide escape lane adjacent to it;

• The fueling area will be placed south of the existing structure, and will feature four fuel pumps under a 48-foot by 48-foot canopy;

• Some of the existing concrete curb and asphalt pavement will be removed, and will be relocated on the site;

• The existing curb cut onto Noonan Drive and the access drive along the east edge of the site will be maintained, while a right-out only curb cut, 12 feet in width, is proposed along the west edge of the site, connecting to Oak Street (Route 98);

• Parking spaces would be reduced from 57 to 40, with sections of the existing parking area to be converted to green space. The company would need an area variance due to the fact that 68 parking spaces are required in that amount of space.

• The existing site lighting on the building and in the parking area will be maintained, and lights will be added to the fuel pumps’ canopy.

Preston said the PDC is not thrilled about the right turn only idea onto Oak Street, so close to the Thruway on-ramp.

“We had a couple concerns about an exit onto the (New York State) DOT (Department of Transportation) area going into the Thruway,” he said. “Obviously, we’re not in favor of that because if a car … gets in the wrong lane and exits to the right, they’re right in the Thruway entrance and then, you would foresee a situation where someone might turn to do a U-turn and get into an accident.”

He said he did like that the location has only four gas pumps and a drive-thru “for some fast food for people (coming) off the Thruway.”

A second area variance would be required since the store is located within 500 feet of a public entrance to a church (Emmanuel Baptist at 190 Oak St.).

The district is zoned Commercial, so the convenience store/gas station would be an acceptable use.

According to Quicklee’s website, the corporation has been owned and operated by the Bruckel family of Avon since 1995, with its business plan focused on combination stores featuring fast food, car washes and fuel stations.

One of its most recent stores is a travel center off of I-390 South, featuring a fully stocked convenience store, car wash, Dunkin’ Donuts and Calabresella's New York Style Deli, along with a truck stop equipped with a diesel mechanic shop, overnight parking, showers and laundry.

Press release:

Congressman Chris Jacobs (NY-27) honored student artists and announced the winners of the NY-27 Congressional Art Competition at a reception this morning in Batavia.

“Students from around the district submitted pieces of artwork for this competition; we clearly have some incredibly talented young adults in Western New York,” Jacobs said.

“I want to thank all of our teachers and parents who helped our participants create and submit their work, and most importantly, I want to congratulate all of our contestants for their hard work, dedication, and impressive pieces. I look forward to this becoming a tradition we celebrate every year.”

The Congressional Art Competition was first created under a different name in 1982 and is sponsored by the Congressional Institute. In NY-27, three winners were selected, their pieces will be displayed as follows:

• The First Place piece will be hung in the U.S. Capitol for all representatives and staff, and the winner will also be flown down to Washington, D.C.
• The Second Place piece will be hung in Rep. Jacobs’ Washington, D.C., Office.
• The Third Place piece will be hung in Rep. Jacobs’ Clarence District Office.

Pieces are judged and given their awards by an independent panel of judges. The winners for the 2021 NY-27 Congressional Art Competition are:

• First Place: "A New Chapter" by Isabella Houseknecht from Batavia (colored pencil).
• Second Place: Self Portrait by Molly Regan from Holland (charcoal).
• Third Place: "Creation of Bee-dam" by Madison Dugan from Albion (acrylic paint).
• Honorable Mention: Self-Portrait by Amaya Cleveland from Medina (handpainted negative-digitalized and painted on photo paper).

“Congratulations to our winners. I look forward to hanging these pieces in each of my offices and having a constant reminder of the exceptional talent in our district,” Jacobs said.

Photos by Howard Owens.

Molly Regan, second place, with Jacobs. First-place winner Isabella Houseknecht and her family were unable to attend the event.

Isabella Houseknecht's first-place drawing.

Second Place

Third Place