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Any and all options, including a way to compensate members of municipal volunteer fire departments, are on the table as Genesee County leaders tackle the ongoing problem of staffing during emergency situations.

On Monday, the county legislature’s Public Service Committee voted in favor of funding a contract with Municipal Resources Inc., of Plymouth, N.H., to provide consultant services toward developing a comprehensive fire service implementation plan.

The cost, not to exceed $101,675, will be paid by using available funds from the county’s 1 percent sales tax allocation. The full legislature is expected to ratify the proposal.

“Whether it’s a fire, EMS (emergency medical services) issue. motor-vehicle accident or a carbon monoxide alarm, it doesn’t matter what the incident is, we have to have the right number of people available that are able bodied and trained to get to the scene …,” County Emergency Services Coordinator Tim Yaeger said this morning. “They need to respond in the required amount of time, based on national standards, based on what the fire service believes they need to be – and holding their company to that standard and what the public expects. It’s not an easy answer; it’s not an easy fix.”

That’s why county officials are opting to call upon MRI, a company with a track record of helping municipalities in other counties and states find solutions to similar dilemmas.

Yaeger: It's a Nationwide Problem

“This issue is not just Genesee County. This issue is New York State, across the nation,” said Yaeger, who has been working with a task force set up by the Public Service Committee to study the problem. It’s more severe in some spots and less severe in others."

Yaeger said he has been talking to his colleagues across the state in an effort to solve this “crisis without evidence.”

“Unfortunately, we haven’t made much headway to it, and that’s why – maybe it’s too big of a nut to crack statewide. So, let’s look at it in a small segment and just look at Genesee County for now and see where we go,” he said.

While it’s way too early to predict the outcome of the consultant’s work, Yaeger said he supports some type of payment for the “volunteers who spend hundreds and thousands of hours at their fire departments.”

“In New York State, it’s either career or volunteer or a combination department, which really are more career than they are volunteer,” he said. “So, what we’re trying to do is look at ways to compensate volunteers. And that’s what many states and counties have done, even in the Northeast itself, is to compensate the volunteers for their time.”

Thousands of Hours with No Pay

He said volunteers’ tasks are numerous, including preparing for the emergency, administrative work, human relations work, fundraising, training, equipment maintenance and preparedness training.

“That’s thousands of hours that they’re committing to before the alarm even goes off,” he said. “And then when there is an alarm, taking training courses. So, those two things in combination with their administrative duties required to run a fire department. It would nice to see those men and women be compensated at some level. It is something that we’re looking at right now.

“It’s hard to find people and get paid, and now we’re expecting these folks to be available 24/7, 365 and do the job for free. It’s almost impossible.”

Yaeger said the task force was unsuccessful in its search for grant funding and turned to the legislature to address a situation that was first studied at the county level 20 years ago.

“This has been a problem for decades and I think they’ve finally realized now that it has gotten so severe that we have to take some more aggressive action to look for a solution,” he said.

Stein: We Need to be Prepared

County Legislature Chair Rochelle Stein said she is looking forward to finding out “exactly what we have in capacity in Genesee County and then, perhaps, find a path toward being able to fulfill the mission and responsibility of first responders in our county.”

“This takes in every town fire department, fire districts and we also are having the entire conversation shared with those departments and our emergency management staff, which will include the City of Batavia,” she said. “This is important to us because we are one tragedy away from something that is really horrific. We want to be able to stop that from happening.”

Yaeger agreed that the City of Batavia FD, which features a full-time paid staff, must be involved in the discussion.

“Anybody that provides fire and EMS services, they have to be involved in this,” he said. “The city is a key component to this conversation.”

He said the county and task force will begin “data mining” – providing pertinent information for MRI, such as the current number of firefighters, their qualifications, their age and their availability.

“Staffing is the number one issue that is causing our problem. We have to look at where we are today with staffing and then, how do we fix that,” he said, noting that some areas of the county are well protected while others “are really struggling.”

Have to Consider the Costs

Yaeger said that all are aware that potential costs to the taxpayers have to be considered.

“We have to as a group and as a community step in and find some solutions that are going to work and meet everybody’s need while maintaining that caution of expense,” he offered. “That’s what everybody wants to know. What’s it going to cost? We realize that, the committee realizes that and the consulting firm does as well.”

In a related matter, the PSC voted to accept a hazardous materials emergency preparedness grant for $5,172 from the United States Department of Transportation through the New York Division of Homeland Security and Emergency Services.

The grant program focuses on efforts that result in the prevention of serious hazmat transportation related incidents, principally those of high consequences to residents and the environment.

Previously: Task force seeks outside help to solve emergency services 'crisis without evidence'

What was advertised as a public hearing on incentives being offered by the Genesee County Economic Development Center to the developer of the Excelsior Solar Project in the Town of Byron turned out to be an opportunity for parties on both sides of the issue to re-emphasize their positions.

During the 25-minute videoconference, Mark Masse, GCEDC’s senior vice president of operations, read written statements from representatives of three farms who are leasing land for the 280-megawatt, 1,600-acre system -- Star Growers Land LLC; L-Brooke Farms and Colby Homestead Farms.

Their comments supporting the project – a huge financial windfall for the Town of Byron, Byron-Bergen Central School District and Genesee County, plus the creation of 290 full-time equivalent jobs – were followed by an oral statement from Eric Zuber, Byron town councilman and community farmer, who has opposed the plan since it was introduced more than two years ago.

Excelsior Energy, a subsidiary of NextEra Energy Resources LLC of Vero Beach, Fla., has plowed ahead under the authority of Article 10 of the New York State Public Service Law, while committing to pay the aforementioned taxing jurisdictions upwards of $44 million over the next 20 years.

The solar company is proposing to invest $345.55 million in a utility-scale solar project on multiple properties (46 parcels to be exact). It also has negotiated 20-year tax and community host agreements, including payments of $6,500 per megawatt, with a 2-percent annual escalator, to the county, Town of Byron and the Byron-Bergen school district.

$1.82 Million to Entities in Year One

What that means during year one, according to figures provided by the GCEDC, is that Genesee County would receive $281,775, the Town of Byron $862,522 and BBCS $675,703. That initial $1.82 million outlay would increase by 2 percent for each year after that for 20 years.

In return, the solar company has requested that the GCEDC approve property tax abatements estimated at $21,498,313 over that period and sales tax abatements (for construction materials) estimated at $11,288,287.

For its role as facilitator, the GCEDC receives a 1.25-percent fee – in this case, $4,319,458, which it will collect at the time of the financial closing.

Furthermore, farmers will stand to profit significantly through the leasing contracts they signed with Excelsior Energy.

Participants include Legacy Lands, LLC; Brooke-Lea, LLC; Call Lands; Lea-View Farms, LLC; Richard Colby; L-Brooke Farms, LLC; John Starowitz; Leo Starowitz Jr.; Star Growers Land LLC; John Starowitz and Andrew Starowitz; John Sackett Jr. and Charles Sackett; CY Properties LLC; and Call Lands Partnership.

Farm Reps Applaud Solar Project

In their written statements to the GCEDC board, Barbie Starowitz of Star Growers Land LLC; Jim Vincent of L-Brooke Farms, and Richard Colby of Colby Homestead Farms touted the project’s benefits for the Byron community and positive impact on the future of farming.

“The Excelsior Energy Center not only will support our farm for generations to come but also will provide new local revenue and new local jobs for our community,” Starowitz wrote, adding that the EEC has committed to hiring 90 percent of the employees (except for construction project management) from the local labor force.

Starowitz said diversification is crucial to today’s farmers.

“Farmers are trying to diversify so they can continue to stay in business in the future. Each crop year, we rely heavily on the weather. But for too many years it was either too wet or too dry. Crops have been suffering, low yields, bad quality and so on. But the farmer must still come up with the money to pay the expenses,” she wrote.

Her statement indicated that clean solar energy will help the farms to survive by reducing “economic pressures faced by farmers and encourage an approach that does not permanently remove land from agricultural production.”

She concluded by recognizing Excelsior’s “commitment to community input” by hosting monthly meetings at the Byron Hotel and reaching out to residents through other means.

“The Byron community of over 2,300 can all benefit from the solar project, working together as a positive thing for the community and future generations,” she wrote.

'Vehicle for Long-term Reinvestment'

Vincent said he and his affiliates “are advocates of green energy, innovative technology and the many advantages the Excelsior Solar Project represents, and not just because of having some of our lands involved in these solar leases … but what this means to our farm business model, providing a vehicle for long-term reinvestment, succession planning and diversification.”

He wrote that commodity prices, global trade policy, diminishing labor pool, government regulation and an unfair tax burden are making life difficult for farmers, and added that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide for future generations.”

Colby wrote that while his farm is “still going strong,” technology has brought about changes to land use and the “viewscape” in the Town of Byron.

“Today, every home I know of in Byron has electricity. One hundred years or so ago, no one had electricity in their home. The Excelsior Energy Center is a good and necessary change in revenue and new local jobs for our community,” he submitted.

He acknowledged that property values could decrease, but the funding provided to the town, county and school district will be a game-changer.

“This will enable many public enhancements to the community, which, I believe, will drive up the values and make it not only that people want to live but also stay in Byron,” he wrote. “It may be a short-term inconvenience but a significant boon to local businesses – restaurants, et cetera. I see it as adding a bit of excitement to the town.”

He contends that the solar panels will cover less than half of the project’s fenced area, and much of his land will be “highly accessible along existing roads.”

In closing, he wrote that he is researching other uses for the land, including U-pick fruits and nursery stock, and even installing a hops yard to have a locally sourced input for beer brewing.

Zuber: It's Bad for the Environment

Zuber, a member of Byron Association Against Solar, then joined the meeting – expressing his dissatisfaction with GCEDC and Excelsior’s handling of the public hearing. He said he was unaware up to a half hour before the videoconference that he had until last Friday to submit written comments about the project.

“It seems like, and it isn’t quite right, that the people that are pro-solar had the opportunity to write in comments and now the comment period is over, and we were unaware of it,” he said. “I guess I knew this was going to take place, but I didn’t know the format (of how) it would work … and that has been quite typical since this whole thing started with the COVID. The transparency to communicate Excelsior’s plans is at best poor.”

Communication problems aside, Zuber said the solar project will harm the environment and will take away prime land needed to handle an increasing amount of manure.

“We’ve done an ag impact study, which the county apparently is not interested in. I am very concerned about the environmental situation,” he said. “Especially with the Cider project now coming out of the west (a similar project in the towns of Elba and Oakfield) … if the dairy industry is going to survive – I don’t see how it survives with these two big solar projects.”

Zuber said he also is concerned about waste generated by the food plants in Batavia.

“Right now, we’re spending $7 million at O-At-Ka (Milk Products) to handle the waste,” he said. “The city and the town are overwhelmed. We’re going to have the sludge come out of those plants (with) no place to go. The best place for it to go is where you’re putting these solar panels on the ideal ground … but I think the environmental (problems) are a very, very negative situation.”

'A Negative Carbon Effect on the County'

He also cited a university study that indicated that this project would have “a negative carbon effect on Genesee County.”

“This will make the carbon situation worse, does not accomplish anything that the global warming people want, and I think it is very poorly structured … I think it’s bad for the environment for the county, the town and probably the state.”

Starowitz then got on the call, rebutting Zuber’s remarks about the manure situation.

“… the gas from the manure is being pipelined directly into being sold on his property, which is located on Chapel Street Extension,” Starowitz said about Zuber’s operation. “Also, if there is concern for spreading manure on land that is now being put into solar ... I have addressed to him many times that we have farmland that would use his manure. To this day, he has not taken advantage of that. So, there are other options and other farmland for his concern of spreading manure.”

Looking ahead, the state Department of Public Service has scheduled a public statement hearing – a key step toward the end of the Article 10 process – for June 1 via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Previously: Byron 'mega' solar project moves forward despite opposition; virtual open houses scheduled for Aug. 31

Press release:

• Genesee County reporting 33 new positive cases of COVID-19.
  • 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, 30s, 40s, 50s, 60s, 70s, 80s and 90s. 
  • Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Seven of the current positive individuals are hospitalized. 
• Orleans County reporting 16 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, 70s and 80s.
  • Twenty-four of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of the new positive individuals were previously on quarantine prior to testing positive.
  • Three of the current positive individuals are hospitalized.
  • Five of the new positive individuals are inmates at the Albion Correctional Facility.

Juan M. Mendez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that on Sept. 4 at or around Genesee Community Colllege in the Town or Batavia that Mendez engaged in sexual intercourse with another person who was incapable of consent by reason of being physically helpless. In count two, Mendez is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse that day with another person without such person's consent -- by reason of some other factor than incapacity to consent. In count three, Mendez is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that while at or around GCC Sept. 4 he subjected a person to sexual contact when the other person was incapable of consent by reason of being physically helpless. In count four, Mendez is indicted for the crime of third-degree sexual abuse, a Class B misdemeanor. In count four, he is accused of subjecting a person to sexual contact at or around GCC that day without the person's consent.

Rachelle N. Laney is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Sept. 10 in the Town of Le Roy that Laney knowingly and unlawfully possessed a narcotic drug -- fentanyl -- with intent to sell it. In count two, she is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged that on that day Laney knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug - fentanyl -- with an aggregate weight of one-eighth of an ounce or more. In counts three and four, Laney is indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged that on that day in Le Roy, she knowingly and unlawfully possessed controlled substances -- methadone and hydrocodone, respectively. In counts five, six and seven Laney is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in counts five, six and seven that the defendant knowingly possessed glassine envelopes, vials, capsule or other material suitable for the packaging of individual quantities of any narcotic drugs or stimulants. In count seven specifically, this drug was Mannitol.

Eric J. Reyes Jr. is indicted for the crime of stolen property in the third degree, a Class D felony. It is alleged that on Sept. 28 in the Town of Le Roy that Reyes knowingly possessed stolen property that had a value of more than $3,000. In count two, Reyes is accused of aggravated unlicensed operation in the third degree, a misdemeanor. It is alleged in count two that on Sept. 28 in Le Roy Reyes drove a 2020 Dodge on Interstate 90 while his privilege to drive was suspended by the NYS DMV Commissioner.

Andre Roberts, 28, of School Street, Batavia, is charged with theft of services. He was arrested at 8:13 p.m. April 13 after he patronized a bar in the City of Batavia, then allegedly left without paying his tab. Roberts was issued an appearance ticket and is due in Batavia City Court April 20.

Johnny Earl Anthony, 30, of Knapp Road, Akron, is charged with driving while intoxicated -- first offense; operating a motor vehicle with a BAC of .08 or more -- first offense; moving from lane unsafely; and unlicensed operator. Anthony was arrested at 8:53 p.m. April 17 on West Main Street Road in Batavia after being involved in a collision. He was issued an appearance ticket and is due in Town of Batavia Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kyle Tower.

Sundae Jade Whitney Grambeck, 27, of Junction Road, Pavilion, is charged with driving while intoxicated -- first offense, and DWI with a BAC of .08 percent or more. At 3:15 a.m. April 19, Grambeck was arrested on Ellicott Street Road in Bethany following a motor-vehicle accident. She was issued appearance tickets and is due in Bethany Town Road on May 4. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with second-degree criminal trespass. Following a report of a domestic incident at 6:36 p.m. April 13 on Maple Avenue in Oakfield, Swendsen was arrested. He was arraigned on the charge virtually in Oakfield Town Court, then released on an appearance ticket. He is due back in court June11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Kyle Krzemien.

Lisa Fox, 49, of East Avenue, Batavia, was arrested after a traffic stop on East Avenue at 12:08 p.m. April 14 during which she was identified as the operator, and there was a bench warrant for her arrest out of Batavia City Court. Following her arraignment in city court, she was released under supervision. Fox is due to return to court May 25.

Press release:

• Genesee County reporting 17 new positive cases of COVID-19.
  • 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 19-20s, 20s, 30s, 40s, 50s, 60s and 80s. 
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Three of the current positive individuals are hospitalized. 
  • One of the new positive individuals is a resident of The Grand Rehabilitation and Nursing.
  • We are saddened to report the loss of one community resident. The individual was over 65. We do not provide any further information to protect the privacy of the individuals and their families. Our deepest condolences to the families and friends during this very difficult time.

NOTE: There are 86 active cases in Genesee County and there have now been 121 deaths.

• Orleans County reporting 16 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 and 60s.
  • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.
  • Two of the new positive individuals are inmates at the Albion Correctional Facility.
  • One of the new positive individuals is a resident of Orchard Rehabilitation & Nursing Center.
  • We removed one of yesterday’s positive individuals as they are not a resident of Orleans County.

Leroy Thornton III, 30, of Ashland Avenue, Niagara Falls, was arrested April 15 on a Genesee County Court Indictment Warrant.

His arrest concluded an investigation into the transportation, sale and possession of "crack" cocaine in and around the Town of Batavia.

Thornton is charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; and criminal sale of a controlled substance in the third degree, also a Class B felony.

He was arraigned in Genesee County Court, then released on his own recognizance.

The arrest was made by the Genesee County Local Drug Task Force with assistance from the Niagara County Probation Department. The Genesee County District Attorney's Office assisted in the investigation.

Press release:

• Genesee County reporting 10 new positive cases of COVID-19.
  • 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 19-20s, 20s, 30s and 40s. 
  • Eight of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Three of the current positive individuals are hospitalized.

 

• Orleans County reporting 14 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, 30s, 40s, 50s and 60s.
  • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the new positive individuals was on mandatory quarantine prior to testing positive.
  • Three of the current positive individuals are hospitalized.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with criminal possession of a controlled substance in the seventh degree. Following a domestic incident in the Village of Oakfield at 7:13 p.m. on April 14, Swendsen was arrested and charged with that Class A misdemeanor. Swendsen was taken to Genesee County jail, then released with an appearance ticket to be in Oakfield Village Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Jonathan Dimmig.

Terry Nelson Ritchey, 48, of Alexander Road, Batavia, is charged with: driving while ability impaired by alcohol; no tail lamp; and no plate lamp. At 1:33 a.m. on April 15, Ritchey was arrested after a traffic stop on Clinton Street Road in Bergen. It is alleged that Ritchey drove a motor vehicle while impaired by alcohol. The defendant was issued traffic tickets then released. Ritchey is due in Bergen Town Court on June 2. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Austin Heberlein.

The City of Batavia this week honored a longtime police officer who recently retired and recognized the contributions of Genesee County Emergency Dispatch Center personnel.

City Council President Eugene Jankowski and Council Member Jeremy Karas, at Monday night's Business Meeting, read proclamations honoring Police Officer Jason Davis and designating the week of April 11-17 as National Public Safety Telecommunications Week, respectively.

Davis retired on March 30 after nearly 22 years with the Batavia Police Department. Previously, he worked for the Village of Le Roy PD and Cattaraugus County Sheriff’s Office.

The proclamation noted his many roles, including the emergency response team, crime intervention officer, field training officer, general topics instructor, de-escalation instructor and, most recently, school resource officer at the Batavia City School District.

He also was a Boy Scout Troop leader for many years.

Per the proclamation, Officer Davis “served his department with professionalism and compassion, and has been a positive role model and mentor to other officers and many more in the community."

Davis thanked all those with the city for giving him the opportunity in 1999 when he transferred to Batavia. 

Karas, after reading the proclamation that outlined the various ways communications staff and dispatchers are vital to public safety, introduced Genesee County Undersheriff Brad Mazur (at right in photo below)  and Communications Assistant Director Frank Riccobono (at left in photo below).

Mazur thanked City Council for acknowledging the dispatchers' "hard work, dedication and true professionalism."

Photos by Mike Pettinella.

The adoption of a proposed 2021-2022 school budget for Batavia nearly brought Board of Education President Alice Ann Benedict to tears on Monday night.

She wasn't upset. If anything, she was overjoyed.

The budget doesn't increase the district's tax levy one penny over the 2020-21 budget. With rising property values and commercial properties that were previously covered by tax abatements known as PILOTs* rolling out of those programs, most property owners should see the education portion of their property taxes going down next year.

Superintendent Anibal Soler said a rough guess right now is that a home assessed at $100,000 will pay $64 less in school taxes.

He called that a win for the community and in remarks at the end of the meeting, Benedict agreed and thanked Soler, Business Administrator Scott Rozanski, and the rest of the board of education for their work on the budget.

"I just want to say how pleased I am that we got to zero percent because I think it is quite important for our community," Benedict said before fighting back tears. "This has been a tough year. I just wanted to say I appreciated it."

Rozanski said it was possible to balance the budget because of additional state and federal aid being provided to local school districts.

The tax levy this academic year is $19,493,958 and under the proposed budget will be exactly the same in the coming year.

The total budget will increase from $51,470,726 to $52,096,661, a 1.22-percent increase in spending, which is just below the consumer price index increase of 1.3 percent.

The tax rate based on the proposed levy has not yet been set.

"The tentative PROJECTED tax rate (using the current assessed values) is $20.65," said Rozanski in an email to The Batavian. "This amount WILL change because all the information (assessed values, equalization rates, omitted taxes, and removed exemptions are NOT finalized until the summer. The OFFICIAL tax rate will be calculated in August/September 2021."

There will be a public budget presentation on May 10 and the budget will go before voters on May 18.

*PILOTs -- Payment(s) In Lieu Of Taxes.

A federal bankruptcy judge in Buffalo has ruled that three debts of former funeral director Michael Tomaszewski cannot be discharged under bankruptcy law.

The three debts are part of more than $3.2 million in liabilities Tomaszewski listed when filing for bankruptcy in February 2020. He initially filed for Chapter 11, a reorganization of debts, but changed the filing to a Chapter 7, forgiveness of all debts not covered by available assets, last month.

Yesterday, in a separate criminal matter, Tomaszewski entered a guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial. Over the summer, the 40-year-old Batavia native was charged with more than 200 counts of criminal conduct stemming from a scheme to divert deposits made on prearrangements for funeral services to his own personal use.

The amount of restitution he will owe former clients will be set at his sentencing on July 13. He faces a possible sentence from two and one-third to seven years in prison. The restitution order could approach $500,000.

In his ruling, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. 

According to the ruling, Tomaszewski will remain liable for prearrangement deposits from individuals for $10,500, $8,000, and $8,000. Under bankruptcy law, the three individuals are entitled to priority repayment for the first $3,025 of each debt.

The bankruptcy proceedings only include debts listed in the filing. Not all victims of Tomaszewski are listed as claimants in the case.

Press release:

• Genesee County reporting 15 new positive cases of COVID-19.
  • 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 19-20s, 20s, 40s, 50s and 60s. 
• Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.  
• Four of the current positive individuals are hospitalized.

​

Orleans County reporting 13 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 and 50s.
• Fourteen of the previous positive individuals have recovered and have been removed from the isolation list.
• Two of the new positive individuals was on mandatory quarantine prior to testing positive.
• Four of the current positive individuals are hospitalized.

A dog breeder in Pembroke who is accused of neglecting and abusing 15 animals on her Akron Road property is prepared to negotiate the future of the animals with Genesee County officials, her attorney told Justice Donald O'Connor today during her appearance in Town Court.

Lori Ann Adolf, 47, is charged with 26 counts of torturing or injuring animals and failure to provide proper sustenance along with one count of endangering a child.

Today, in her first court appearance, she entered a not guilty plea.

Her attorney, Michael Guarino, said that of the 13 dogs and two cats that were taken into the care of the Genesee County Animal Shelter, three of the dogs are the property of other people, and Adolf is ready to sign over seven of the dogs to the shelter so they can be put up for adoption. 

She would like to keep three dogs and two cats.

"The situation was not the way she intended it," Guarino said. "She's now receiving mental health care."

He said his client would like a chance to prove to the county that she can improve her situation and take proper care of her animals.

She has no prior record of animal neglect or abuse and no other criminal record.

The animals have been in county care for four months and sources say are now in good health. When The Batavian visited the shelter last month, the dogs we observed seemed to be in good spirits.

Assistant District Attorney Kaitlynn Schmidt said she and she and Guarino will discuss the disposition of the animals between now and Adolf's next court appearance at 2 p.m., May 5. She said what becomes of the animals will be part of a plea agreement negotiation. She told O'Connor that the prosecution has made no plea offer at this point and has made no commitment that the county will agree to regarding the animals.

O'Connor also signed a no offensive conduct order of protection in regard to the minor who was apparently at Adolf's house while these animals were allegedly being mistreated.

Previously: Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions

In light of the frustration expressed at Monday night’s City Council meeting by two Batavia residents over the assessment letters they had received earlier in the day, The Batavian reached out to the city’s assessor for insight into the process of determining a home’s fair market value.

Rhonda Saulsbury, assessor for both the City and Town of Batavia, responding to an email, said that while many factors are considered for comparison purposes, all of a home’s information is run through a computer program prior to conducting a field review.

“The City of Batavia strives to maintain a 100-percent equalization rate -- sale price to assessment ratio -- which means that we keep our assessments at market value,” Saulsbury said. “To accomplish this, we do yearly revaluation and make adjustments accordingly. Values can adjust due to physical changes and/or market changes.”

Saulsbury said each property is placed into an appraisal software system, comparing the building style, square footage, year built, number of bedrooms and bathrooms, and lot size against the recent sales data.

“We then do field review to determine the fair market value based on the aforementioned data,” she added.

She said that each neighborhood within the city is reviewed annually, but “we only update values in those that have experienced an increase in market values, thus we end up ‘rotating’ the neighborhoods.”

“This year we sent out just over 4,300 change-of-assessment notices throughout the city,” she said.

As mentioned at Monday’s meeting, the city canceled this process in 2020 due to the COVID-19 pandemic. Since then, sales of homes in the $100,000 to $200,000 have been extremely brisk.

“Now, as sale values have continued to climb upwards 20-plus percent above assessments, we are again adjusting assessed values in accordance with New York State Real Property Tax Law guidelines,” Saulsbury advised.

She said property owners have opportunities for assessment review if they believe they could not sell their property for the new assessed market value.

“The procedures to request the review are included with the change-of-assessment-notices (see the link to the previous story below). As at any time, we encourage an open-door policy to anyone with a question or concern,” she said. 

Property owners can call 1-866-910-1776 to inquire about the valuation process or informal assessment review process, Saulsbury said, and they also can receive an email with the individual market document that includes the specific sales used for any given property. 

If a property owner does not have access to a computer, printer or scanner, all relevant forms can be picked up at the City Clerk’s Office Monday-Friday from 8:30 a.m. to 4:30 p.m.

Saulsbury also said that the City of Batavia sale and inventory books used to calculate the new assessed values can also be viewed any time in the City Clerk’s Office or at Richmond Memorial Library to help in preparing an Informal Review Application. 

To access the above-mentioned information online, go to: https://cityofbatavia.prosgar.com/ and look for the RED links. 

To submit the Informal Review Application, email it to:   batavia2021@garappraisal.com or bring it into the City Clerk's Office.

Previously: Council advice to angry homeowners: Take your concerns to 'Grievance Day'

New guidance from the NYS Department of Health instructs school districts to set rules for social distancing based on transmission metrics for COVID-19. But with the state and CDC providing data that can seem contradictory, area superintendents are trying to come up with the best approach to educate students while following state requirements.

By and large, the superintendents seem to be relying on one statement in the 23-page document that gives local school boards latitude to make local decisions.

"Ultimately, the school/district’s decision to move to shorter physical distances will come down to a local community’s risk tolerance based on its unique circumstances," the guidelines state.

That is certainly the approach Superintendent Anibal Soler is taking with Batavia city schools, which are scheduled to go back to full-time in-class learning on Monday.

This week, he sought the Board of Education's approval to continue with the reopening plan, which the board agreed to do.

Soler pointed out that with 131 new cases in the past week (as of Monday), Genesee County is in the state's Red Zone for transmission rate. The state says our testing positivity rate is 6 percent and the CDC says it is 3 percent, both numbers below the threshold that would require 6 feet social distancing in all circumstances.

At 6 feet in all circumstances, Batavia's reopening plan would be difficult to pull off. The district is relying on allowing students in certain situations, such as sitting in classrooms, to be able to mask up and be within 3 feet of each other.

The guidance affects both districts like Batavia that are moving back to full-time in-class learning and those that have already made the transition or started the academic year with in-person attendance.

Mary Kate Hoffman, superintendent in Pavilion, informed her board of the new guidance at Monday's board meeting. Currently, Pavilion schools are five days per week for elementary school and in-person five days a week with in-person classes for sixth through 12th grades, with Wednesday being a fully remote day for the middle and high school.

The policy to this point has been to require masks only when people can't maintain 6 feet of social distancing. The new guidance requires students, teachers, and staff to wear masks at all times. Hoffman said the district will make that policy change.

Elba is open five days a week for in-person learning after starting with a hybrid model in September and gradually moved to full-time, in-class learning. 

"Our approach and plan have worked to keep kids and staff safe," said Superintendent Ned Dale.

Pembroke has been in session with students on campus full-time since the start of the school year. Superintendent Matthew Calderon said the new guidance will not change much for the district.

"We added classroom sections to spread students out 6 feet apart and installed 1,500 desk shields," Calderon said. "We're not inclined to change from 6 feet to 3 feet, and despite the CDC backing off the need to use desks shields (which in part I believe they did due to the great cost incurred by schools, which was hindering many from opening), we will probably continue to use them as well."

"The new guidance states that if schools are going to reduce physical distancing to less than 6 feet between students, decisions must be made with input from parents, community members, teachers, staff, and local departments of health," Calderon added.

"We will carefully review the updated guidance and tweak our plan as needed, but as mentioned, I don't think we need to change anything, and we would like to maintain our plan as is. The initial response from our local DOH in that regard was positive. Nonetheless, we have an upcoming meeting with the local DOH and will certainly adjust our plan if needed."

Merritt Holly, superintendent in Le Roy, which went back to on-campus full-time learning on April 6, said he is seeking clarification on some of the requirements in the new guidance but is maintain the current plan for now.

"It won't complicate anything until I get clarification," Holly said. "When will that clarification come in? I am not sure yet."

Superintendents indicated they are working with Public Health Director Paul Pettit to ensure their education plans are in compliance with guidelines and that Pettit has been helpful and responsive. The new guidance doesn't require the districts to file modified plans with the state but to publish them on their websites and gives local health departments the tasks of ensuring compliance.

We attempted to reach Pettit for comment but have not yet heard back from him.

To read the state's guidelines, click here (PDF).

A Rochester man is facing three felonies after three people were arrested following a traffic stop in Bergen April 11.

A gray Chevrolet Malibu was pulled over by Genesee County Sheriff's deputies on Route 33 at 12:38 a.m.

The operator, Paula G. Pierce, 29, of State Street, Batavia, was allegedly driving with a suspended NYS driver's license. There were two other occupants, Michael R. Whitman, 48, of Federal Street in Perry, and 29-year-old Justin P. Porter, of Bennington Drive, Rochester (inset photo, right).

Deputy Nicholas Chamoun conducted an investigation, aided by Deputy David Moore, and K9 Deputy Andrew Mullen, who deployed K9 Frankie to check the exterior of the vehicle. According to the Sheriff's Office report, Frankie indicated a positive response for the presence of narcotic drugs.

Deputies conducted a vehicle search and allegedly found drugs and the three occupants were arrested. Assisting at the scene were Deputy Austin Heberlein, Deputy Ryan Young and Deputy Jacob Gauthier.

Porter is accused of providing deputies with a fake name and refusing to disclose his true identity. It is also alleged that while in custody at the Sheriff's Office, he attempted to conceal drugs by hiding them in an interview room.

Porter was arraigned virtually in Town of Bergen Court and charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; tampering with physical evidence, a Class E felony; fourth-degree conspiracy, also a Class E felony; criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; obstruction of governmental administration, another Class A misdemeanor; and false personation, a Class B misdemeanor.

Due to bail reform, Porter was released on his own recognizance.

Pierce and Whitman were issued appearance tickets on charges of fourth-degree conspiracy and criminal possession of a controlled substance in the seventh degree.

Pierce is also charged with aggravated unlicensed operation in the third degree, an unclassified misdemeanor; and she was issued a traffic ticket for insufficient turn signal, a violation.

Members of the Genesee County Drug Task Force also assisted in this case.

With a key component of the City of Batavia’s wastewater treatment plant operating at just 20-percent capacity, Maintenance Superintendent Ray Tourt says that it’s imperative to move up the capital project plan timetable to get it fixed.

“We desperately need to get that air back into the pond,” said Tourt at Monday night’s City Council meeting, talking about a faulty air header system at the plant. “We recognize how severe it is becoming.”

Tourt said the city has received about 10 years less than the expected 40-year life of the system, which introduces supplemental air to the three primary wastewater ponds.

In a memo to City Manager Rachael Tabelski dated March 29, Tourt wrote that “this air provides oxygen to the ponds to effectively digest waste.”

“Even though this project is scheduled for (this fiscal year), it was discovered that the system’s rate of decline is higher than originally anticipated,” he wrote. “For this reason, the project is being advanced as quickly as it can be.”

City Council acted favorably to his request, forwarding a resolution to contract with the lowest bidder to its April 26 Business Meeting. Opening of the bids is scheduled for April 19.

Tourt said work will be done in sections, starting with the large 16-inch line and working down to the six-inch line. He noted that the lines will be wrapped to prevent deterioration from the elements.

He said the system is leaking a “significant amount of air” and is creating a distinct odor near and around the ponds. Once that segment of an overall $1 million wastewater treatment plant project is finished – hopefully be the end of summer, he said crews will evaluate the plant’s compressors and diffusers.

In other action related to infrastructure, Council forwarded a resolution to apply for a Northern Border Regional Commission grant in the amount of $328,000 to partially fund a waterline project on Bank Street. The total cost of the project is approximately $410,000 but the city would be responsible for a local match of 20 percent ($82,000).

Tabelski, in a memo to Council dated April 6, wrote that work is needed “to improve water pressure and fire suppression capabilities on Bank Street, as well as enable future development on the City Centre campus and the Alva Place location for the (new) police station.”

She wrote that the Bank Street waterline will be expanded from its current four- and six-inch lines to an eight-inch line.

Michael Tomaszewski, the former local funeral home owner accused of misusing his client's deposit money and improperly disposing of human remains, entered a guilty plea this afternoon to felony charges that could send him to prison for up to seven years.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years for his guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The sentences for each count will run concurrently under the terms of the plea.  

Prior to Tomaszewki's last court appearance, he disclosed, through his attorney Thomas Burns, to the Sheriff's Office that the remains of another body could be found in his former funeral home. A human body was recovered.

As a result of that investigation, he is expected to be charged with another misdemeanor charge of untimely burial. Under terms of the plea deal, he is expected to plead guilty to that charge and any sentence on that charge would run concurrently to the charges disposed of in today's hearing.

Sentencing for the 40-year-old Batavia resident is scheduled for July 13 at 1:30 p.m.

Tomaszewski was arrested last summer and accused of taking money from clients who had made prearrangement deposits. He misappropriated as much as $15,000 from some clients.

Clients may have suffered a cumulative loss of more than $525,000. 

At his sentencing on July 13, Tomaszewski, under terms of the deal, must agree to make restitution in the amount specified by the prosecution.  

Assistant District Attorney Kaitlynn Schmit told Judge Charles Zambito today that she couldn't provide the exact amount of restitution because Tomaszewski has already paid some people back and there needs to be further research into exactly how much he owes his victims.

Burns said he and Schmit had reached an agreement to delay sentencing by four weeks over the standard time between a plea and sentencing to allow more time to arrive at the final restitution figure.

In a bankruptcy filing last year, which is still pending, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

UPDATE 5:05 p.m.: The Sheriff's Office has released the arrest report on the additional charge against Tomaszewski, duty to bury. According to the Sheriff's Office, after being notified by Burns of the body, a body of a deceased person who had died Sept. 10, 2019, was recovered at the former funeral home. The body was removed and buried. Tomaszewski was issued an appearance ticket on the charge.

City Council Member John Canale relayed some “fatherly” advice Monday night to a pair of Batavia residents who came before the lawmaking body to express their aggravation after receiving notification of significant increases in their home assessments earlier in the day.

“My father gave me this advice years and years ago, and I’ve used it,” said Canale, addressing Wendy Walker of Otis Street and Karen Sherman of James Street – homeowners who spoke about their struggles during the public comments portion of Council’s Business Meeting at City Hall.

“I would definitely sign up for grievance day but don’t go in there and say I can’t afford this raise, please help me out. It’s not going to work,” Canale said. “You’ve got to do your homework. If you’re able to go online, you can access the Genesee County site, you can access houses in your neighborhood, you can access houses in other neighborhoods that are similar to your house and compare the assessed values of those houses to the assessed value of your house. Go in with the ammunition of why your house is being assessed higher than other people’s houses, if that’s the case.”

Canale said that a “booming” housing market is driving assessments up, mentioning that houses are going for $25,000 to $30,000 over the asking price “and people are coming in with cash.”

Walker said she came to the meeting to “protest and contest” the increase in the assessment of her house.

“I don’t know how that was made or why the increase to such a dramatic amount. The problem being is that we live on the Southside. I don’t know where this money is going that you’re going to be using because the Southside has not been improved,” she said.

Walker said there is a lot of crime in that area and “nothing has been cleaned up; nothing has been done.”

'What About My Justice?'

“The last time I checked, even in the pledge of allegiance, we say liberty and justice for all. What about my justice? Where are my taxes going? We pay the highest taxes in the nation, and there’s nothing to show for it. Not where I live, not on the Southside – no improvements. If I’m wrong, I surely would be willing to acknowledge my error in saying that, but I don’t believe it – I don’t.”

She said that her neighbors feel the same way and many people are moving out of New York for these reasons.

“And I think we should take that into consideration in the small, little town of Batavia,” she said. “I don’t understand this. If we’re getting all of this money from the government and I don’t know what that money is necessarily earmarked for – I don’t understand all of it – but it would seem we could help the little people in Batavia.”

Walker mentioned that her husband is disabled and on a fixed income, and his allowance barely goes up.

Sherman said she is a single mom who is providing for her daughter without any public assistance.

“You guys have raised my taxes every year since I bought my house. I get when you buy a house, it comes with a lot of maintenance and stuff, but every single year something has gone wrong – new roof, my windows have broken, gutters have come off,” she said.

She said her assessment went up $19,000 last year, and this year it is going up $30,000.

It's Getting Tougher and Tougher

“This is becoming very hard for me as a single parent and I do not get assistance,” she said. “I own my own business … I had to pick up two other little odds-and-ends jobs to make ends meet. Again, I just want to know why, where this is going and answers.”

In response, City Manager Rachael Tabelski said there was no reassessment last year.

“When you reassess a home, you assess it on value of comparable sales of like homes,” Tabelski offered. “And that’s all done through formulas and data. I don’t even see what reassessments are done in our community, just so everyone is aware. We do know that there were assessment letters that did go out this week.”

She, too, encouraged homeowners to call the assessment office for an informal review, adding that the assessor (Rhonda Saulsbury) will “gladly speak to you over the phone, on Zoom or through email to discuss the level of assessment and why.”

“And you can explain and challenge why that happened. If you don’t find that as a remedy, you can move to Grievance Day, which is the first Thursday after the fourth Tuesday in May (the 27^th), and you could have assessment formally grieved in front of a board of your peers rather than the City of Batavia.”

City Council President Eugene Jankowski Jr., also an Otis Street resident, said that he received his assessment letter just prior to the meeting and explained that reassessment is a regular process.

“They don’t just pick houses randomly. They use sections of the city and they try to rotate it around every so many years,” he said.

The discussion then shifted to Tabelski and Council Member Robert Bialkowski defending the city’s budget and tax rate.

Tabelski: City Taxes Less Than Others

“The city actually has the lowest percentage of taxes we pay,” said Tabelski, noting that taxes pay for police, fire, snowplowing, parks and recreation and other services. “The county is slightly higher and then the school district, so it’s an ‘all in’ rate."

Bialkowski said the city doesn’t raise taxes (it did raise the tax rate by 1.38 percent this year, however) and doesn’t determine the assessments, but sets a tax levy that is distributed among property owners.

At that point, Viele expressed his frustration over the school tax rate.

“What I really want to complain about is the school because the (Batavia City) school (District) is out of hand. They need to have their head examined.”

Bialkowski compared the taxing entities, mentioning that taxes levied by the school district were more than $19 million compared to the city’s $5.25 million.

Jankowski said in recent years the city did not increase the property tax rate.

Christian: People Are Hurting

Council Member Rose Mary Christian proceeded to sympathize with Sherman and Walker.

“It’s fine and dandy what everyone is saying but government is out of control,” she said. “We’re not doing anything to help these people. Here’s a single mother by herself, taking care of her daughter. There is a mother, a woman, a wife taking care of her husband. Some of you have two incomes coming in; that’s fine and dandy for you. But there’s people out here that are really hurting and they need help.”

Christian, too, said they should take their concerns to Grievance Day.

“There’s no doubt about it -- schools are out of control. I would like to go to the next school meeting and I want to know if any of you want to join me,” she added. “And as far as our budget goes and everything else, we’re down $400,000 … and when May comes you’re going to see that people are really hurting because they’re not going to be able to pay their taxes.”

Photo: Karen Sherman, right, makes a point about her home's assessment as Wendy Walker looks on at Monday night's City Council meeting. Photo by Mike Pettinella.

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Information from the assessment letter:

If you disagree with your new Full Value Assessment:

• Go to https://cityofbatavia.prosgar.com
• Print an Informal Review Application
• Email your completed Informal Review Application to: batavia2021@garappraisal.com
• All Informal Review submissions must be received by April 23, 2021 for consideration
• For questions or more information, please call 1-866-910-1776 no later than April 21, 2021.