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An Ellicott Street Road farmer’s plan to place a pair of side-by-side community solar arrays on his property received the green light from the Batavia Town Planning Board on Tuesday night, but not before the project developer agreed to concessions pertaining to utility poles and aesthetics.

Toward the end of a 58-minute discussion among planners, Town of Batavia officials and representatives of Cypress Creek Renewables LLC via Zoom videoconferencing, five of the six planning board members on the call voted that the solar farms would cause no or little adverse environmental impact, and also approved the site plans and the required special use permits.

The proposal was presented in June 2019 by Don Partridge, who also is a member of the planning board. He was not allowed to vote on any measures pertaining to the project.

Partridge has contracted with Cypress Creek Renewables to construct two adjacent solar farms at 5117 Ellicott Street Road, southeast of the city limits:

• A 5-megawatt array on 18.2 acres of a 65-acre parcel of otherwise agricultural land, known as Trousdale Solar I;

• A 4-megawatt system on 19.6 acres of a 71-acre parcel of otherwise agricultural land, known as Trousdale Solar II.

The planning board tabled the project last month after determining it needed more photos and visual projections of current and future screening of the solar panel arrays.

Additional Screenings, Pole Relocation

Last night, Cypress Creek Renewables representatives Jerry Leone, Nick Hawvermale and attorney Mark Sweeney did present maps of the property, updated to show additional screening (berms and trees) – and what it would look like in five and 10 years. They also reported the relocation of three utility poles owned by CCR about 230 feet into the site, within the fence line.

Currently, the site plan calls for four utility poles owned by National Grid and the three owned by CCR.

While acknowledging CCR’s good faith effort to address the board’s concerns, planning board Member Paul McCullough said he believed that the number of poles could be reduced, calling them “ugly in these projects.”

His colleague, Jonathan Long, agreed, adding that the poles still could be seen from the solar farm’s driveway.

Planners also had hoped that the developers would obtain a letter from National Grid to see if the company could eliminate some of its utility poles, but Leone said the power company indicated it was unable to provide that.

Leone offered to plant more soil berms as “further mitigation -- not 24-feet high, but ground berming to create “more of a fit naturally to the land.”

What About Ground-mounted Enclosures?

At that point, McCullough asked if CCR could replace the utility poles with ground-mounted (transformer boxes). Leone responded by saying that modification would be expensive.

“We would be looking at somewhere in the neighborhood of about a $200,000 delta between what we’re proposing and going to a ground, perhaps a minimum, and that would be per connection,” Leone said.  "It gets to the point where we’re talking about a healthy price tag when we start talking about mounting below grade.”

Planner Steve Tanner noted CCR’s attempt at mitigation, but questioned whether it was enough to enable the board to issue a negative declaration for the State Environmental Quality Review.

The developers again brought up the additional screening on the east side and vegetative buffer in front of neighboring properties, before Leone advanced – "as a last resort” -- the idea of ground-mounted enclosures to replace a pole or two.

McCullough said he would be on board with that.

Hawvermale then reiterated the increased cost to CCR and said he hoped that National Grid could do the same, to some degree, with its poles.

“It does add construction timeline implications that make it a little more difficult for us. That’s something we can look into with National Grid,” he said.

Tanner then suggested that any site plan approval and special use permits issued should include stipulations that the three CCR poles and at least one National Grid pole be replaced with ground-mounted apparatus.

SEQR, Site Plans, Permits Approved

With that in place, planners voted that the project would have no or little environmental impact – thus rendering a “negative declaration” on the combined SEQR.

They then voted separately on the site plans and special use permits for the two arrays, heeding Town Engineer Steve Mountain’s advice to make it contingent upon: town engineering approval; obtaining cost estimates in the case of decommissioning; addressing NYS Department of Agriculture and Markets comments; securing additional screening; and reduction of the utility poles.

Unanimous votes on both solar farms now gives CCR the right to proceed with the project, pending the signing of resolutions that spell out the specifics of what was agreed upon.

Planning Board Chair Kathleen Jasinski, thanked all parties upon approval of the referral, adding that “it was mitigated to the best of our ability … and we can’t make everyone happy but we did our best.”

Jasinski opened the meeting by reading a letter dated March 9 from Christopher and Christine Long of 9234 Batavia Stafford Townline Road, expressing “our many concerns of a solar panel project so close in proximity to our home.” The Longs asked Jasinski if she would share the letter with the planning board before voting took place.

Summarizing, the Longs wrote that it was “wholly inappropriate for Partridge to “consistently sell his land to parties directly involved in Town of Batavia building projects while he is serving another seven-year term with the Planning Board … “and is a blatant and obvious conflict of interest.”

Concerns Over Resale Value, Safety

The couple also wrote that the solar farm would decrease the value and resale of its three parcels, totaling 5.4 acres with 1,080 feet of frontage on Batavia Stafford Townline Road, and are concerned for the safety of its family “as the project emerges in what is, essentially, our backyard.”

The Longs also said the project “is in direct conflict” with the Town of Batavia’s mission statement, which is to “protect and promote public health, safety, morals and general welfare for all residents in the Town of Batavia.”

Other reasons for their opposition indicated in the letter include safety of the industrial solar panels, pollution, disruption of the surrounding farmland and displacement of wildlife.

In closing, while reiterating its disagreement with the proposal, the Longs said they “adamantly insist that in addition to the installation of the code-required 8-foot perimeter fence, that a berm and/or several rows of trees be included in the plan and be established between the east side of the project and our home (and the) current trees and vegetation that compose the existing hedgerow should also remain intact.”

Partridge made a brief statement after Jasinski finished reading the letter:

“Relative to the Batavia Stafford Townline (Road), there are at least two properties between any properties on the town line and my property, and there’s no way that anywhere on the Batavia Stafford Townline (Road) you’ll be able to see this project. That’s all I want to say.”

Outdoor Shooting Range on Hold Until April 6

On another front, planners heard briefly from Brandon Lewis, owner of The Firing Pin in Bergen, about his plan to develop an outdoor recreational facility that includes shooting ranges and a drive-in movie theater on a 22-acre parcel at 3269 Harloff Road.

Previously, Lewis presented his proposal to the Genesee County Planning Board, which recommended approval of a special use permit and site plan with modifications pertaining to stormwater pollution mitigation, acquiring the proper permits, and ensuring there is no glare from the movie screen onto the New York State Thruway.

Town Building Inspector Dan Lang said his office has received numerous phone calls from residents – some positive and some negative – and asked planners to direct all questions in email form to Lang or Mountain.

Jasinski said a site plan review will be placed on the April 6 agenda and voting on the special use permit will take place after a public hearing on April 20.

An anticipated plea from Michael S. Tomaszewski in his funeral home fraud case has been delayed until April 13 for reasons not revealed during a brief County Court hearing today.

During the virtual hearing, Judge Charles Zambito and both attorneys -- Thomas Burns for the defense and Assistant District Attorney Kaitlynn Schmit -- mentioned a prior off-the-record discussion about the case without indicating what was discussed, but it seemed to have some bearing on Tomaszewski's decision not to enter a plea today.

For the record, Schmit said she thought there should be no delay in the plea.

"I don’t think our discussion today is going to have any effect on the plea offer," Schmit said. "I would like to have closure for the victims in these cases. I would ask that we proceed with the defendant’s plea if that’s how he intends on proceeding."

There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office.  

At a hearing in early February, the pending plea offer was discussed. Under the terms, Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The plea couldn't be accepted at that hearing because Tomaszewski had not yet been arraigned in Town of Batavia Court on pending charges in that jurisdiction.

Today, Zambito appointed himself acting town justice and accepted Tomaszewski's not guilty plea to those charges during an arraignment.

Those charges will be satisfied with a guilty plea if Tomaszewski accepts the pending plea offer.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

He's also accused of improperly handling the remains of a deceased veteran. 

While his criminal case is pending, so his bankruptcy case. He filed for Chapter 11 bankruptcy in February 2020. There was a hearing on the case yesterday, but the results of that hearing are not yet publicly available.

The Genesee County Legislature, acting upon a recommendation from its Genesee County Police Reform and Reinvention Collaborative, has drafted a resolution to support the New York State Department of Civil Service in the implementation of several reforms designed to promote a more diverse and inclusive law enforcement workforce.

The legislature’s Public Service Committee on Monday passed the resolution, which is expected to be considered by the entire governing body next Wednesday.

Prior to that action, the PSC voted in favor of adopting the final report from the reform and reinvention committee, a 19-member group that met nine times over the past six months in response to Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

Former Legislator Robert Bausch reviewed the 12-page document for the committee, reporting the findings and recommendations on four specific areas:

• What Functions Should Police Perform?
• Employing Smart and Effective Policing Standards and Strategies;
• Fostering Community-Oriented Leadership, Culture and Accountability;
• Recruiting and Supporting Excellent Personnel.

It was the fourth topic that elicited the most comments from legislators and prompted them to compose the civil service reform resolution.

Bausch pointed out that New York State civil service laws, which control most of the employment process, create problems in recruitment through its “list” process and in the time it takes to fill vacant positions.

The Genesee County report indicates that “this is a significant barrier to recruitment and deters those from underserved populations from applying.”

Legislator Marianne Clattenburg agreed, stating “we need to address the way we hire, the Civil Service system. Students with Criminal Justice degrees can’t get on the list. I hope that at some point we can revise the procedures.”

Julie Carasone, consultant and certified implicit bias trainer, reiterated what others have said in recent weeks.

“The Civil Service system is antiquated,” said Carasone, who served on the Genesee County (and City of Batavia) reform committees and helped Bausch write the county’s report.

She then went a step further by imploring the legislators to do something about it.

“That’s where you guys come in as legislators,” she said “We can’t do that without your help … to change the laws and classifications. Just because someone is the most educated, it doesn’t mean he or she is best for the job.”

The legislature’s resolution on Civil Service reforms – which is being sent to the governor, state senators and assembly members -- seeks the following changes:

• Ease the “rule of three” for appointments. The state should consider a simple pass/fail test for deputy sheriffs, correction officers, public safety telecommunicators, and police officers. If this is unachievable, the state should consider band-scoring to a wider band than 5 points to allow for a more robust pool of eligible applicants.

• Ease or suspend the restrictions on hiring former police officers as it applies to Section 58 (4) CSL.

• Ease the restrictions on hiring part-time police officers, especially retired members or retired troopers on a noncompetitive basis. Forcing retired state troopers to have to take a civil service test is unreasonable, especially for a 209-V GML peace officer position.

• Reform civil service rules and regulations to ensure reasonable probationary periods for all transferees of at least six months. 

• Reform civil service rules and regulations to ensure that a previous test disqualification should prevent an individual from retaking a test for a period of time.

• Grant counties the authority to enact “continuous recruitment” options for correction officers. The state already has continuous recruitment for state correctional officers at DOCCS facilities.

As far as the status of the Genesee County Sheriff’s Office is concerned, Bausch said the committee concluded that the agency is of “high quality” and is “not something that just happened, but has been built over a number of years and the current staff is keeping it going.”

“The problems that others are talking about, we did not find. Not that the Genesee County Sheriff's Office is perfect, but it’s well ahead of many others.”

Tim Yaeger calls it a “crisis without evidence.”

Eric Wies says it’s time for “drastic change.”

Yaeger, coordinator of Genesee County Emergency Services, and Wies, president of the Bergen Volunteer Fire Department, reported today to the Genesee County Legislature’s Public Service Committee on the findings of a task force set up to take an in-depth look at the state of emergency response in the county.

In short, what they have found is a critical shortage of volunteer firefighters. The situation has become so dire that some fire companies don’t have enough personnel to respond to an emergency and are having to call neighboring departments to assist.

“People in the system know it, but outside (in the general public) they don’t see the severe staffing issues,” he said. “We need a sustained response – 24/7 and 365. We need sustainability.”

He said studies of the problem – the lack of young men and women to replace those who have served their communities as volunteer firefighters for many years – have been conducted at different times, but nothing has been done about it.

“It’s been a matter of pointing a finger to blame somebody,” he said. “Nobody is to blame. There is no time (to waste). It’s more demanding every day.”

Wies, the task force chair (in photo at right), said that the Bergen Volunteer FD has two members over the age of 65 and they're still active.

“We don’t have an influx of young individuals,” he said, supporting Yaeger’s statement that “it’s a young person’s game.”

Wies said discussions within the task force and with county fire officials brought out a sobering reality: “We need change, and not just change, but we need drastic change. And not just immediately but going forward for our residents.”

He said the current structure of emergency services in Genesee County doesn't measure up to what is required to ensure complete coverage.

“If we were to take a map of Genesee County and imagine what emergency services would look like in this county – from scratch – it wouldn’t look anything like it is today … There has to be some drastic change in the framework.”

Wies said the committee concluded -- due to the fact that all have full-time jobs along with their part-time and volunteer roles in emergency and governmental services -- that it wouldn’t be able to develop an implementation plan.

“We’re not looking for a planning document that would sit on a shelf. We want a planning document that will evolve with the county for years to come but also to implement change because we feel we’re on the verge of meeting that change,” he said.

He said the committee reached out to firms that with expertise in evaluating municipal emergency response, and heard back from three of them – Center for Public Safety Management LLC, VFIS and Municipal Resources Inc. The task force then reviewed the proposals from each company, conducted interviews and listened to presentations prior to choosing MRI, which is based in Plymouth, N.H.

“From a pricing standpoint, the lowest price was $27,400 and, the highest price, with some annual options, was from MRI at $94,625,” he said. “Ultimately, the company that we felt was the best fit for us is MRI and, unfortunately, that’s most expensive option.”

Wies said reasons in that decision included the fact that MRI’s team leader represents a municipal fire department that is similar in size to what the county offers and that MRI is willing to come to this area with a five-person team to hold meetings with county officials, all emergency services departments, law enforcement and business people.

“… and we definitely agree that they could provide the most insight as to what situation we have, what the issues are and hopefully coming out with a solution that will fit us for years to come,” he said, adding that the next step is figuring a way to fund a potential agreement with MRI.

Both men said they need “stakeholder buy-in” with a goal of maintaining the identities and utilizing the current town and village fire companies.

Yaeger said it’s all about “what the citizens deserve and what do they expect (when an emergency occurs)? And we need to get there.”

When asked if there was a statewide push to address this issue, Yaeger said “nobody has had the audacity to stand up” to effect change. “New York has to wake up and realize there’s a severe problem in our state."

Prompting Wies to say, “That’s why we think it’s best for Genesee County to go it alone.”

Others on the task force are County legislators Gordon Dibble and Gregg Torrey, Elba FD Chief Mike Heale, Elba Town Supervisor Donna Hynes, Pavilion Town Supervisor Robert LaPoint, Byron FD Chief Bob Mruczek and County Emergency Services Deputy Coordinator Bill Schutt.

Shawn A. Peterkin, 43, no address provided (inset photo, right), was arrested at 4:45 p.m., March 2, and charged with: criminal possession of a controlled substance in the third degree -- a Class B felony; criminal possession of a controlled substance in the fourth degree -- a Class D felony; unlawful possession of marijuana in the second degree; second-degree menacing; and fourth-degree criminal mischief. It is alleged that Peterkin threatened another person with a knife at a residence on West Main Street in Batavia and damaged property inside. He is accused of leaving the scene. He was found in the backyard of a residence on Woodrow Road, where he allegedly damaged a fence. Peterkin was arrested and allegedly found to be in possession of a large amount of crack cocaine, fentanyl, prescription pills and marijuana. He was arraigned in Batavia City Court and put in jail without bail. He is due back in Batavia City Court on April 7.

Nina Esterbrook-Kelso, 36, no address provided, is charged with two counts of endangering the welfare of a child in the second degree. She was arrested at 5:06 p.m., March 1, on Columbia Avenue in the City of Batavia. It is alleged that she left THC-laced edible candies in a place where they were accessible to children. She was released on an appearance ticket and is due in Batavia City Court on May 12.

Aaron Zimblis, 57, no address provided, was arrested Feb. 27 on Vine Street in the City of Batavia after a physical altercation that occurred in an upper apartment at 3:40 that afternoon. He is charged with second-degree harassment and second-degree strangulation. After his arrest, he was issued appearance tickets to be in Batavia City Court on May 4.

Lisa Fox, 49, no address provided, is charged with: criminal possession of a hypodermic instrument; speeding; operating a vehicle while its registration is suspended; and operating a motor vehicle with no license plate displayed. She was arrested at 10:12 p.m. March 5 on Clinton Park in Batavia after allegedly being observed speeding on East Avenue. She was issued an appearance ticket to be in Batavia City Court on May 11.

Robert Gerety Jr., 47, no address provided, arrested at midnight on Jan. 26 and charged with first-degree criminal contempt. During an unrelated traffic stop on West Main Street in Batavia, he was found to have an active warrant for his arrest out of Batavia City Court. He was put in jail (bail status not provided) and is due back in court April 1.

Robert Gerety Jr., 47, no address provided, is charged with: second-degree criminal contempt; aggravated unlicensed operation in the second degree; operating a vehicle in violation of an ignition interlock device restriction; unlicensed operation of a motor vehicle; and uninspected motor vehicle. He was arrested at 9:48 p.m. on Feb. 28  on West Main Street at Dellinger Avenue in the City of Batavia after a traffic stop. It was discovered that he was in violation of an order of protection because he allegedly had the protected party in his vehicle at the time of the traffic stop. He was arraigned in Batavia City Court, then jailed without bail. He is due in city court again on April 1.

David Michael Weaver, 45, of Torrey Road, Bethany, is charged with second-degree harassment. He was arrested at 4:20  p.m. on March 13 on Torrey Road in the Town of Bethany. He was issued an appearance ticket to be in Town of Bethany Court on April 27. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Joseph Grant Blair III, 29, of West County House Road, Albion, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; moving from lane unsafely; and failure to dim head lamps. At 12:15 a.m. on March 13, Blair was arrested after a traffic stop on Akron Road in the Town of Pembroke. He was released with appearance tickets for Pembroke Town Court on April 14. The case was handled by Alejandro Jordan, assisted by Deputy David Moore.

Kristen Lazarony, 36, no address provided, was arrested after a traffic stop at 10:29 p.m. March 3 on West Main Street at Ellicott Street in the City of Batavia. She is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; failure to keep right; and failure to use designated lane. It is alleged she had a BAC of .16 percent at the time of her arrest. She was issued tickets then released from custody. Lazarony is due in Batavia City Court on June 8.

Julie Roesser, 31, no address provided, was arrested at 9:30 p.m. March 8 on West Main Street at Montclair Avenue in the City of Batavia after a traffic stop. She is charged with driving while intoxicated with a BAC of .08 percent or more, DWI, and having no head lamp or an inadequate head lamp. She was released with tickets to be in Batavia City Court on June 15.

Steven Gerard Conway, 60, of Circle Court, Williamsville, is charged with driving while intoxicated -- first offense; aggravated DWI; no seat belt; and impeding traffic. He was arrested at 7:20 p.m on Main Road in Pembroke and was released with an appearance ticket to be in Pembroke Town Court on April 29. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kenneth Quackenbush.

Erica Lynn Lamkin, 31, of Warsaw Road, Pavilion, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; and speeding in excess of 55 mph. At 11:25 p.m. March 14, Lamkin was arrested on Main Road in Stafford. She was released with an appearance ticket for Stafford Town Court on April 15. The  case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Shuvon Williams, 55, of East Avenue, Batavia, was arrested at 8:56 p.m. Jan. 30 after turning herself in on an arrest warrant out of Batavia City Court alleging custodial interference. She is accused of violating a custody agreement by not returning a child as specified in the agreement. Williams was issued an appearance ticket for June 8 in Batavia City Court.

Grace Crystal Murray, 21, of Pratt Road, Batavia, is charged with third-degree criminal trespass. At 6:39 p.m. March 7, Murray was arrested after entering Walmart in Batavia and remaining inside unalwfully after previously being banned from the property. She is due in Town of Batavia Court on April 8. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

Nateeka Gibson, 31, no address provided, was arrested March 8 on a warrant out of Batavia City Court stemming from an petit larceny incident Jan. 4. It is alleged that she stole $20 from a person on Bank Street while she was a guest at their residence. Gibson was arraigned virtually in Batavia City Court while she was in Monroe County Jail on unrelated charges. She was held on one dollar cash bail and is due in city court April 14.

UPDATE 10:26 a.m. March 31: The defendant's Pembroke Town Court date was later changed to Wednesday, April 14 at 1 p.m.

Olivia looks a lot better than she did on Jan. 22 when she arrived at the Genesee County Animal Shelter.

She was among 13 dogs and two cats Deputy Kevin McCarthy reportedly found in allegedly cruel circumstances. The dogs, according to his report, were covered in feces, urine, and surrounded by garbage. 

A volunteer pointed to one of the dogs at the shelter and noted she had been washed multiple times but still had a yellow urine stain on her coat.

The dogs look healthy now, but that's not the condition they were in when they arrived at the shelter, according to volunteers. They were underweight and filthy. 

The dogs have required significant medical attention, the volunteer said, driving up veterinary bills for Volunteers for Animals.

According to McCarthy, he found the dogs locked in cages at 1071 Akron Road, Pembroke.

He also reported finding 10 deceased rabbits inside the house that as well as a dead dog.

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

Adolf was issued an appearance ticket and ordered to be in Town of Pembroke Court at 1 p.m., Wednesday, March 31. The court date was later changed to April 14.

The Sheriff's Office declined our FOIL request for intake photos of the dogs when they arrived at the shelter. Since Adolf was arrested on an appearance ticket, she was not booked into jail and there is no mug shot available.

The volunteer at the shelter thinks the dogs will make good family pets. They are friendly and eager to make friends. However, they can't be adopted until Adolf surrenders custody or by court order. So far, Adolf, the volunteer said, Adolf, has refused to surrender the cats and dogs, so they remain in custody at the animal shelter while her criminal case is pending.

Housing and caring for the felines and canines have been a financial burden for the volunteers and donations are requested. The following items can be donated at the shelter, and monetary donations are also welcome:

Dog food:

• Purina One chicken and rice 
• Wet food: chicken-based (due to dietary restrictions for dalmatians) 
• Chicken-based dog treats

Cat food: 

• Purina One Indoor Advantage, dry
• Purina One Healthy Kitten (blue bag)

Donations of gift cards from Genesee Feeds and Petco are also welcome.

Police investigators have yet to determine what may have caused a driver of a minivan to accelerate -- if she did -- after the vehicle struck a Town of Batavia fire chief's car that was heading to a serious injury accident on Galloway Road.

The minivan appears to have been exiting the Tops Market parking lot shortly after 9 a.m. with the intention of turning left when it struck the emergency vehicle, which was in emergency mode, driven by Fire Chief Dan Coffey. Coffey's vehicle sustained damage on the passenger side front fender.

The older female driver, whose name is not being released at this time, then proceeded eastbound on West Main Street Road. The minivan appears to have accelerated after the initial collision, Sgt. Mitch Cowen confirmed, but what may have caused that apparent acceleration hasn't been determined.

The minivan headed toward the West Main intersection with River Street where both lanes were blocked by cars stopped at the red light. Lynn Mucica was driving one of those vehicles and said she saw a car coming up behind her fast and thought it was going to strike the car next to her and possibly involve her in an accident. The minivan then swerved and struck a utility pole with three transformers on it, snapping the pole off near the base. The minivan continued east and came to rest on its side in the yard of 389 W. Main St.  

City fire responded and extricated the driver from the vehicle.  

The driver is being treated at ECMC for minor injuries and has not yet been interviewed.  

A citation is possible, Cowen said.

Coffey was uninjured in the collision and did eventually make it to the accident scene on Galloway Road.

At this hour, West Main remains partially closed. National Grid crews are repairing the pole. At least one of the transformers leaked its oily liquid onto the roadway and National Grid has also dispatched an environmental cleanup team to deal with the spill. The work is expected to be completed shortly.

(Initial Report)

A driver told an investigator he fell asleep prior to a head-on collision on Galloway Road at 9 a.m. that sent both that driver and another driver to ECMC.

Rylend L. Callicutt, 18, of Batavia, was driving a white 2011 GMC SUV eastbound when it crossed the center line. The vehicle struck a 2011 Hyundai sedan driven by Danielle C. Neuhaus, 31, of Batavia.

Neuhaus was trapped in the vehicle and sustained serious injuries. She was transported by Mercy Flight to ECMC, where she is currently in the trauma ICU.

Callicutt was transported by Mercy EMS.

He was issued a citation for failure to remain in the right-hand lane.

The accident report was prepared by Deputy Travis Demuth. The Crash Management Team also responded to the scene.

(Initial Report)

Update: 4 p.m. March 19 --

Clarification in seventh paragraph, fixing Baccile's title and the number of megawatts quoted by Farnholz from 125 to 25.

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Le Roy Town Supervisor James Farnholz said that while he respects the wishes of his colleagues on the town board to restrict community solar farms in residential and agricultural districts, his preference would have been finding a “middle ground” to give farmers the chance to repurpose their land.

The subject of the town’s proposed local law and zoning on solar projects was part of the agenda of Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing. Planners discussed the Le Roy Town Board’s 4-1 vote to not allow these smaller solar projects in the aforementioned designated zones.

Farnholz cast the lone vote to permit them.

“We’ve been working on this commercial solar for the last two and a half years … and I see that farmers are getting on in years and nobody is taking over the farm, and they want the opportunity to make some money,” Farnholz said when contacted by telephone on Friday. “I didn’t want to be the guy that tells them no.”

He said the proposed local law and zoning would allow community solar in areas that are zoned ground-mounted, industrial and interchange zones. In areas that are zoned commercial, that solar would have to be roof mounted.

Farnholz said a “couple of good reasons” factored into the other board members’ decisions.

No Room at the Inn

“Part of the reasoning, as we were told by Ty Baccile, project manager, solar development for Clean Choice Energy, and several others, was that the grid station here in Le Roy could only take, I believe it was 25 megawatts,” Farnholz said. “Which, basically, would mean there would be five farmers or landowners who could have 25-acre separate parcels of solar (at 5 megawatts each) on their land. And those five spots were already taken up in the queue for the grid.”

He said the other factor in the town’s comprehensive plan and agricultural land protection was just that – to protect the farmland.

Additionally, Farnholz pointed out New York State’s increased involvement in siting huge solar projects, such as the ones moving forward in Byron and Elba.

“Once it gets beyond a certain size, and I believe that it is 25 megawatts, it essentially will fall under the state Siting Board, which will make the decisions on it. It kind of bypasses your local zoning,” Farnholz explained.

“Given the political climate between New York State and the federal government on green energy, my personal view is that I would rather find a middle ground than have something forced on us. I’d rather give somebody 40 acres than have them come in and do 500 and not have any voice in it whatsoever.”

Shutting Out the Farmers?

During the planning board meeting, Baccile said he “wanted to share our concerns that this law as it was voted on it would cancel the opportunity in the R-A district for large farmers who wanted to co-locate maybe 30 or 40 acres of solar for community solar … to generate revenue and keep things on the farm going.”

“Basically, as it was voted, it's going to take that away from farmers who had come to the meeting and expressed that this would be a good way for them to support their farm,” he said.

Genesee County Planning Director Felipe Oltramari agreed that it “definitely is not the most solar friendly of local laws, but noted that it is the town board’s prerogative.

“They can decide as, as the elected representatives of Le Roy whether to he pursue, just as (the Town of) Stafford did, a local law that's more restrictive or less friendly to solar development …,” he said.

Oltramari then gave a less than enthusiastic review of wording in the Town of Le Roy’s proposed local law and zoning on solar, making observations that Farnholz said he can’t dispute.

The planning director said he wasn’t on board with the “definitions” in the text or the way that town officials determined the total surface area of a potential solar farm.

“The Town of Le Roy did not follow some of the state models, so the language is a little rough and just needs to be refined,” Oltramari said, adding that the zoning regulation lists multiple names for the same thing, such as “major solar collection system, major system, commercial use minor solar collection system, and ground-mounted solar energy systems. It makes it confusing …”

Definitions Section Needs Revision

Oltramari, in a letter to the town board, said the various terms make it hard to read and understand, and suggested settling on one term and using it throughout.

On the issue of the allowed total surface area, he said “this one can become problematic because it has a potential (where) people are going to basically ask for a lot of variances compared to most solar laws that I’ve seen used.”

He said that most laws figure in equipment pads, posts, foundations of the solar panels and the panels themselves when determining the percentage of coverage requirements.

“When you include the area of the panels it's going to become problematic and you end up creating, basically having to acquire, these large parcels so that only a portion of them will be covered by solar panels and so you end up with a lot of wasted land,” he said. “And that is probably too small to farm or too inconvenient to farm and it sort of gets wasted.”

Oltramari suggested that Le Roy use the New York State model, which includes the footers of the panels, the equipment pads and any paved roads in the lot coverage.

Farnholz had no issue with Oltramari’s suggestions to revise the definitions section and the determination of the permitted total surface area.

“Actually, we discussed that at our meeting last night and agreed that it was problematic and when it does come back from there, we’ll remove that,” he said. “That will be corrected.”

County planners reommended approval of the town’s zoning regulations as long as the revisions outlined in the letter from the planning department are considered (and applied).

Genesee County Planning Board members Thursday night fired off a few rounds of questions about safety, noise, glare and berms to the Brockport man proposing to develop an outdoor shooting range and drive-in theater on Harloff Road in the Town of Batavia.

At its meeting held via Zoom videoconferencing, the board recommended approval -- with modifications concerning stormwater pollution mitigation and acquiring the proper permits – of a special use permit and site plan for Brandon Lewis to construct and operate the business for shooting, firearms training, general recreation, fitness training and family entertainment, including a drive-in movie theater.

The venture, which is scheduled to go before the Batavia Town Planning Board next Tuesday, would be located at 3269 Harloff Road, not far from the Area 51 Motocross layout.

Lewis was asked about the placement of the theater screen and whether it would be visible to motorists on the nearby Thruway. He responded that he would make sure that wouldn’t be the case, but the board agreed to include that to the suggested modifications.

Planners also inquired about the number of berms or trees on the parcel, specifically on the west side between the rifle range and the neighboring property. Lewis said that a berm already is in place there along with a 12-foot retaining wall.

Concerning the possibility of noise from the shooting, Lewis said while the natural berms would “deflect sound from going onto the Thruway,” he also plans to plant more trees.

“It won’t be as disruptive as a semi going down the Thruway,” he said.

The board then asked about the hours of operation. Lewis said it mostly be during regular daytime business hours, but didn’t leave out the possibility of special target shooting event in the evening.

Furthermore, Lewis, who grew up in East Bethany, made it clear that no shooting will take place when the movie theater is open.

“We want safety for everyone,” he said.

Planners also considered the following referrals:

• A site plan review for Mutka 3450 Properties of British Columbia, Canada, to construct a 1,500-square-foot office addition to an existing warehouse facility in a Manufacture-Industrial district at 3450 Railroad Ave. in the Village of Alexander. Approval with the modification that the site plan complies with all applicable floodplain construction requirements.

• A site plan review for BALD Development LLC of Alden to construct an 11,250-square-foot (225 by 50) pole-barn-type commercial office/storage building in a Commercial district at 234 Genesee St. (Route 33) in the Town of Darien. Approval with modifications pertaining to driveway permits, stormwater pollution prevention, proper lighting and adherence to 9-1-1 standards.

• A special use permit for ForeFront Power of San Francisco to place a 45-acre, 5 megawatt ground-mounted solar system in an Agricultural-Residential district at 6982 Norton Road in the Town of Elba. Approval with modifications pertaining to relocating a portion of the driveway and equipment pad to the edge of the field and adherence to 9-1-1 standards.

Chance Luke Flanagan, 19, of West Main Street, Corfu, is charged with: third-degree burglary; third-degree grand larceny; second-degree criminal mischief; fourth-degree grand larceny; and fifth-degree conspiracy. Flanagan was arrested after an investigation into a burglary that occurred on East Main Street in the Village of Corfu between June 1 and June 2. He was arraigned virtually March 11 in Batavia City Court and released on his own recognizance. He is due in Corfu Village Court May 12. The investigation was conducted by Corfu Village Police Officer David Krzemien and the Criminal Investigation Division of the Genesee County Sheriff's Office, including investigators Kevin Forsyth and Howard Carlson.

Thomas Franklin Hofmeier, 19, of Harlem Road, West Seneca, is charged with: third-degree burglary; third-degree grand larceny; second-degree criminal mischief; fourth-degree grand larceny; and fourth-degree conspiracy. Flanagan was arrested after an investigation into a burglary that occurred on East Main Street in the Village of Corfu between June 1 and June 2. He was arraigned virtually March 10 in Batavia City Court and released on his own recognizance. He is due in Corfu Village Court April 5. The investigation was conducted by Corfu Village Police Officer David Krzemien and the Criminal Investigation Division of the Genesee County Sheriff's Office, including investigators Kevin Forsyth and Howard Carlson.

Michael A. Sweet, 35, of Varysburg, and Rachel A. Baehr, 34, of Batavia (no addresses provided), were arrested March 11 after a traffic stop on Route 98 in the Town of Sheldon. Sweet was pulled over after being observed driving a 2004 Subaru Forrester, and was known by law enforcement to have a suspended driver's license. A metal cylinder with 2.19 grams of methamphetamine was allegedly found in the front seat of the vehicle. Multiple pieces of meth paraphernalia were also allegedly seized. An investigation allegedly found the passenger, Baehr, had another bag and glass vial containing 1.97 grams of meth, both concealed on her person. She turned the items over to deputies at the scene. Both suspects were taken to Wyoming County Sheriff's Office for processing. Sweet is charged with: criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the third degree; unlicensed operation; and visibility distorted by broken glass. Baehr is charged with criminal possession of a controlled substance in the seventh degree and criminally using drug paraphernalia in the second degree. They were issued appearance tickets to answer the charges in the Town of Sheldon Court March 29, then processed and released from custody. The case was handled by Wyoming Coiunty Sheriff Sgt. Colin Reagan and Deputy Justin Bliss.

Christina Maria Sanchez-Anderson, 32, of Park Road, Batavia, was arrested after turning herself in at the Genesee County Jail March 9. Her arrest stems from an incident Feb. 24 on Union Street in Batavia during which she was allegedly found to be in possession of a quantity of cocaine. She was the passenger in a vehicle stopped for a vehicle and traffic violation. The odor of marijuana was allegedly emanating from inside the vehicle. A search of the vehicle and its occupants allegedly yielded the evidence in this case, which was subsequently examined and tested. Sanchez-Anderson was issued an appearance ticket to be in Batavia City Court on March 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Ronnie J. Sumeriski II, 38, of Batavia (no address provided) was arrested March 10 on a warrant out of Town of Java Court following a traffic stop in Genesee County. On Feb. 9, Wyoming County Sheriff's deputies received a report of a possible violation of an order of protection in the Town of Java. After an investigation, it was allegedly determined that Sumeriski violated a complete stay away order of proection issued Dec. 3 in Wyoming County Court by attempting to hack into the protected party's social media account and communicate via text message. He was previously arrested Dec. 3 for third-degree menacing and aggravated harassment in the second degree after a domestic incident. An arrest warrant was issued. After being taken into custody in Genesee County, the defendant was turned over to Wyoming County Sheriff's deputies and charged with second-degree criminal contempt. After his arraignment, he was released on his own recognizance and is due in Java Town Court at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.

The smell of natural gas was reported at Pavilion High School this morning at 10:08 a.m.

Pavilion fire responded and confirmed the odor but could not locate the origin of the possible leak.

After about an hour on scene, the scene was turned over to RG&E and Pavilion fire went back in service.

High school classes were canceled for the rest of the day and students were sent home. The rest of the school is unaffected.

The Pavilion girls basketball team is scheduled to play a Section V championship game at home tonight. The status of the game is unknown at this time.

UPDATE 1:20 p.m.: Superintendent Mary Kate Hoffman confirms that students in grades 6-12 have been sent home. Crews from RG&E are in the building attempting to locate the leak. "No decision has been made at this point regarding tonight's game," she said.

Bruce D. Smith is indicted for the crime of second-degree larceny. It is alleged that between about April 2018 through March 2019 in the Town of Bergen that Smith stole property having a value of more than $50,000. In count two, he is accused of falsifying business records in the first degree, a Class E felony. It is alleged in count two that in October 2018 that he acted with intent to defraud and falsified an entry into a business's financial records for the period of July 2018 through January 2019.

Christopher C. Good is indicted for the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 20 on Liberty Street in Batavia that Good knowingly entered and remained unlawfully in a dwelling with the intent to commit a crime and caused physical injury to a victim inside. In count two, he is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to the victim. In count three, Good is accused of third-degree menacing, a Class B misdemeanor, for intentionally placing or attempting to place the victim in fear of death, imminent serious physical injury, or physical injury. In count four, Good is accused of second-degree aggravated harassment, a Class A misdemeanor, for communicating with a person with the intent to harass, annoy, threaten or alarm that person by making a threat to cause physical harm, thereby causing the victim to reasonably fear harm for their safety or their property, or that of their family or household.

Daniel E. King is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 9 in the Village of Corfu that King drove a 2006 Suzuki on Route 33 while his driver's license was suspended or revoked by authorities and while he was under the influence of alcohol or a drug. In count two, he is accused of DWI, also as a Class E felony, for allegedly driving while intoxicated that day. In count three, King is accused of refusing to submit to a breath test. In count four, he is accused of aggravated unlicensed operation of a motor vehicle in the first degree, another Class E felony, for allegedly driving on Phelps Road in the Town of Pembroke on Nov. 12 while under the influence of alcohol or a drug while his license was suspended or revoked by authorities. In count five, King is accused of DWI for allegedly driving on Phelps Road in the Town of Pembroke while intoxicated on Nov. 12. In count six, he is accused of refusing to submit to a breath test Nov. 12 on Phelps Road in the Town of Pembroke. In Special Information filed by District Attorney Lawrence Friedman, he is accused of having been convicted of DWI as a misdemeanor on Aug. 6, 2012, in Greene County Court, and that conviction forms the basis for the suspension or revocation referred to in counts one and four of the current indictment.

Lisa A. Way is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on Dec. 5 in the City of Batavia that Way drove a 2011 Chevolet on Ellicott Street (Route 63) and on the driveway/parking lot at an address on that street while intoxicated. In count two, Way is accused of refusing to submit to a breath test. In Special Information filed by District Attorney Lawrence Friedman, she is accused of having been conviction of DWI as a misdemeanor on Nov. 8 in Town of Newstead Court in Erie County and that conviction was within 10 years of the crime alleged in count one of the current indictment.

The owner of The Firing Pin indoor shooting range and gun shop in Bergen says he is prepared to help society “return to normalcy” through the development of an outdoor recreational facility that includes a drive-in movie theater on a 22-acre parcel at 3269 Harloff Road in the Town of Batavia.

Brandon Lewis, an East Bethany native and Alexander Central School graduate, provided details this morning of his plan, which is on the agenda of tonight’s Genesee County Planning Board meeting via Zoom videoconferencing.

According to documents submitted to planners, Lewis, who recently moved to Brockport, is requesting a special use permit and review of the site plan to construct and operate the business for firearms training, general recreation, fitness training and a drive-in theater.

The location, in an Agricultural-Residential district, previously was used for snow tubing.

“We’re hoping to have shooting by July and have some fun events – maybe a haunted hayride this fall … just some affordable family entertainment and family fun on top of the shooting range,” he said. “I think we can mesh those two things, and I think it’s good for a return to normalcy. Firearms are a completely normal, healthy American family activity that can mesh with other forms of family entertainment.”

Lewis, owner of The Firing Pin since 2014, said he approached the Batavia Town Planning Board more than a year ago before the COVID-19 pandemic hit, just to introduce planners to his idea. He said the board was enthusiastic in its response.

“I asked if this was feasible or (would it be) an uphill fight the whole way, and they said it sounds great and your property is perfect for it,” recalled Lewis, who purchased the former Polar Wave property a year earlier and “just fell in love with it.”

“The potential that it offers to the people of the region, really, and, talking with my family, we just thought (we could provide) something that hadn’t been done before around here,” he added.

He said the land is naturally suited to be a shooting range, which will be the primary focus.

“It will be more of a gun club, still open to the public, but more of a club-type of atmosphere where we can offer so many different kinds of training that you can’t do at an indoor range,” he said. “Being able to do that and opening it up to law enforcement, that’s going to a huge potential source of customers for us. There’s a lot that we can offer as far as demos, training and things that don’t exist anywhere around here.”

Lewis said numerous police officers from the county and surrounding area use The Firing Pin and he believes they will be attracted to an outdoor range where they can further their training.

“We have great relationships with all the local law enforcement agencies, and I’m sure we’ll see many of those guys out there privately as well. Most of the officers are very dedicated to training even on their personal time,” he said.

As far as the drive-in theater is concerned, Lewis said he will start by putting up a small projector screen to show classic movies and favorites. The hope is to expand and show new releases with room for up to 130 cars – along the lines of the Silver Lake Drive-In in Perry.

Lewis also said the area will be available for music concerts – “somewhere (in size) between Jackson Square in Batavia versus Darien Lake,” he said – and for car shows, craft shows and other events.

“I think there’s a sweet spot in there that we’re missing out on,” he said.

He said immediate plans are to fix the on-site bathrooms and a long-term goal is to build a clubhouse.

Other referrals of note are as follows:

• A site plan review for Mutka 3450 Properties of British Columbia, Canada, to construct a 1,500-square-foot office addition to an existing warehouse facility in a Manufacture-Industrial district at 3450 Railroad Ave. in the Village of Alexander;

• A site plan review for BALD Development LLC of Alden to construct an 11,250-square-foot (225 by 50) pole-barn-type commercial office/storage building in a Commercial district at 234 Genesee St. (Route 33) in the Town of Darien.

• A special use permit for ForeFront Power of San Francisco to place a 45-acre, 5 megawatt ground-mounted solar system in an Agricultural-Residential district at 6982 Norton Road in the Town of Elba. The company is looking to install the solar array with associated electrical equipment, access road, fencing and landscaping on an existing farm field owned by Daniel and Penny Mudrzynski.

• Zoning text amendments related to solar energy submitted by the Darien, Elba and Le Roy town boards.

Rendering at top showing: a 200-yard shooting range at top; trap shooting range (triangle); drive-in theater at left; handgun range between the 200-yard range and theater; RV park next to the drive-in; and training course at right. Courtesy of Genesee County Planning Department.

Batavia City Manager Rachael Tabelski was spot on Monday night when she predicted the “lower figure” would be allocated to the city through the $1.9 trillion federal relief act known as the American Rescue Plan.

Tabelski reported at this week’s City Council meeting that she received estimates “ranging between $1.57 million and $2.5 million, so I’ll go with the lowest figure -- 1.5 to come into the City of Batavia, specifically.”

Tentative dollar amounts released Wednesday by Sen. Charles Schumer’s office and the National Association of Counties indicate that the city will get $1.58 million as a result of the legislation.

Tabelski categorized the funding as a “windfall” in that the money must be used for certain projects such as infrastructure and not to “stabilize our operations.” Municipal leaders are waiting for more details on how the money can be spent.

Genesee County is targeted to receive $11.11 million, in range of what County Manager Matt Landers had forecasted. 

The county’s 14 towns are expected to receive $4.66 million, divvied up as follows:

• Town of Alabama, $190,000;
• Town of Alexander, $270,000;
• Town of Batavia, $750,000;
• Town of Bergen, $320,000;
• Town of Bethany, $190,000;
• Town of Byron, $250,000;
• Town of Darien, $330,000;
• Town of Elba, $250,000;
• Town of Le Roy, $810,000;
• Town of Oakfield, $330,000;
• Town of Pavilion, $260,000;
• Town of Pembroke, $450,000;
• Town of Stafford, $260,000.

Allocations to Orleans and Wyoming counties are expected to be $7.83 million and $7.73 million, respectively.

In other City of Batavia government news:

• Tabelski and City Council President Eugene Jankowski Jr. said they are waiting to receive some outstanding invoices before determining the total amount that was spent to conduct the nationwide search for a permanent city manager.

Jankowski previously told The Batavian that he figured it would be around $5,000. The city contracted with The Novak Consulting Group of Cincinnati, Ohio, to assist in the search following the departure of Martin Moore last June. (The Batavian has requested an itemized list of all expenses).

Some residents have criticized the city for conducting another search (Novak was involved in the search that resulted in Moore’s hiring in 2018) when it could have hired Tabelski, who had been serving in an interim role for the past eight months.

Council opted to conduct a full search, however, as a stipulation in the contract with Novak indicated it would be provided at no cost, other than travel, advertising and related expenses.

As it turned out, even if the expenses involved to reach a decision to appoint Tabelski as the permanent city manager increase to $6,000, for example, the city will have saved significantly in salary over that time.

If Tabelski was hired in July, her salary would have jumped from (approximately) $7,398 per month to $9,166 per month – a difference of $1,768 per month. Multiply that times eight months and you get $14,144. The city did give Tabelski a stipend of $1,000 per month for the additional duties, so the savings decrease to $6,144.

But what also must be considered is that if Tabelski was hired in July, she would have brought on an assistant manager in short order. Even at a salary of $75,000, for example, that would have cost the city another $45,000 to 50,000 or so in personnel expenses.

Jankowski said initially he was in favor of “speeding up the hiring process” as he supported Tabelski for the job, but he thinks the decision to conduct the search was the right one.

“Looking back on that, I’m glad I acted on the feedback I received and supported moving on with a full and complete search,” he said. “It was fair and thorough. The search committee did a great job and I’m proud to have been a part of the process.”

• Tabelski, responding to an email from The Batavian, confirmed that Ray Tourt had opted not to accept the permanent position of Department of Public Works director.

“After additional consideration, Ray Tourt has decided not to take the permanent/provisional appointment of Director of Public Works,” Tabelski said. “Ray, a 20-plus-year veteran of the city, is committed to the City of Batavia and will remain the interim director while the city conducts a full search, and hiring process for a new director.”

Once a new director is hired, Tourt will go back to his former position of superintendent of the Bureau of Maintenance, and the city’s Human Resources department will begin to advertise for the position of DPW director in the near future, Tabelski added.

Tourt was appointed DPW director in December after Matt Worth’s announcement that he would be retiring.

Press release:

• Genesee County received 18 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • 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 and 60s.
    • Seventeen of the previous positive individuals have recovered and have been removed from the isolation list.  
    • Four of the current positive individuals are hospitalized.
    • Eleven of the new positive individuals are inmates at the Buffalo Federal Detention Center.

​

Orleans County received six 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.
• One of the newly positive individuals was under mandatory quarantine prior to testing positive.
• One of the previous positive individuals has recovered and has been removed from the isolation list.
• Two of the current positive individuals is hospitalized.

************************************************************

Beginning March 10th, all New Yorkers 60 years and older will be eligible to receive the vaccine. Public facing essential workers from governmental and nonprofit organizations will be eligible beginning March 17th. This expansion includes public-facing essential building services workers.

Providers will be able to vaccinate any eligible New Yorkers, with the exception of Pharmacies who will focus on individuals over the age of 60 and teachers, in line with federal policy beginning March 10th. This is all subject to the availability of the vaccine to the providers. This new addition of new eligible residents still far exceeds the supply of vaccine received in our counties. Individuals who are eligible must have an appointment in order to get a vaccine.  

To check for vaccination clinics in Genesee and Orleans Counties please go to: http://bit.ly/GOHealthVaccine  

For more information about the vaccine and access for those who are 60 and older who do NOT have internet access, please contact your respective Office for the Aging (OFA). For Genesee OFA please call (585) 813-2457 for COVID-19 Vaccine assistance between 9 a.m. – 4 p.m. and leave a message if you get voicemail and someone will return the call.

For Orleans OFA please call (585) 589-3191 between 9:30 a.m. – 4:30 p.m. and leave a message if you get voicemail and someone will return the call. The OFA offices can only assist with the clinic links as they are available. The system may experience slowdowns and crashes due to high volume. Please be patient and try again later.   

To see who is currently included in the 1A and 1B priority groups to check eligibility, click here.

The local vaccine availability is limited and determined by the state. For more information on when it will be available for the general public keep checking our website or the NYS Department of Health website.

Restaurants: As of March 19th, New York State is increasing restaurant capacity from 50 percent to 75 percent for counties outside of New York City. Further guidance is expected.

Travel Guidance Update: According to the Governor’s announcement today, those who travel domestically will no longer be required to quarantine or test-out within 90 days of full vaccination. International Travelers will continue to follow CDC quarantine guidance. Check for the updated guidance here.

Gathering Size: Beginning March 22 for residential gatherings 10 people indoors, 25 people outdoors. For social gatherings up to 100 people indoors, 200 people outdoors.Check for the updated guidance here.

Beginning April 2: Event, Arts, and Entertainment Venues- reopening at 33 percent capacity, up to 100 people indoors, 200 people outdoors. With attendee testing, capacity increases to 150 people indoors, 500 people outdoors. The rapid test is valid for 6 hours; PCR test is valid for 72 hours. Social distancing and face coverings are required by all attendees. Check for the updated guidance here.

Starting March 15, the Governor is allowing weddings at up to 50 percent of the venue capacity or up to 150 people (whichever is smaller) at weddings/catered events. See section D (In-person and Catered Events) of the Interim Guidance for Food Services During the COVID-19 Public Health Emergency updated Feb. 24.

There are strict guidelines to be followed and Responsible Parties are to notify the local health department if they plan to host in-person and catered events above the State’s maximum social gathering limit, which is 50 people as of Feb. 24. Those who ignore the guidance can be fined and/or lose their license to operate.

There continues to be a maximum of 10 people indoors and outdoors for residential gatherings.  

Social distancing, wearing cloth masks/face coverings over the mouth and nose, and handwashing, cleaning and disinfection protocol requirements are to be continued to limit the spread of COVID-19.  

Pharmacies participating in the Federal Retail Pharmacy Program for COVID-19 Vaccination CDC: The Federal Retail Pharmacy Program for COVID-19 Vaccination is a collaboration between the federal government, states and territories, and 21 national pharmacy partners and independent pharmacy networks to increase access to COVID-19 vaccination across the United States. To learn more use this following link.  

CV19 CheckUp: Learn about what your risk is to get COVID-19 and how to limit your risk. CV19 CheckUp is free, confidential, and easy to use. It is designed to help you be safer and healthier during the COVID-19 pandemic. 

Vaccine Information: To see how the COVID-19 vaccine is administered throughout the state go to the COVID-19 Vaccine Tracker. This now includes the county breakdown.

Percent Positive 7/14 -- day average click here.

To review the raw positive data for each of the counties click this link.

Click here to view the Genesee and Orleans counties' online map of confirmed cases.

It seems as though the City of Batavia is playing somewhat “shorthanded” when it comes to the financial arrangements surrounding the operation of the Batavia Ice Arena on Evans Street.

On Monday night, City Council voted in favor of an extension and modification of its lease agreement with Firland Management, the firm that has managed the rink for more than a decade.

Negotiated changes call for the Virginia-based company to hold off on its lease payment of $25,000 to the city until Jan. 1, 2022, instead of the original due date of March 1 of this year, and also for the reduction of Firland’s contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

Additionally, the contract will be extended for two years through March 2023; Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23; and its capital fund contribution will be $5,000 annually for the next two fiscal years.

City Manager Rachael Tabelski said concessions were made because the rink was closed for several months last year, adversely affecting Firland’s bottom line. With the changes, the city has escaped (at least in the near future) the possibility of Firland walking away.

When the resolution came up for a vote toward the end of Council’s Business Meeting, Council Member Rose Mary Christian requested that it be amended to a one-year lease instead of two in order for the city to explore opportunities to find private ownership of the facility.

Her request, however, did not receive a “second” so the original resolution stayed on the table.

Council Member Robert Bialkowski said he understood what Christian was attempting to do, but pointed out that a one-year lease could come back to haunt the city.

“If we have a one-year lease and they have not paid the bulk of the money that was supposed to be paid the second year, we would really come up short on that,” he said. “I think this is the best we can do. We have to support it and that’s it.”

Council Member Paul Viele, a longtime youth hockey enthusiast, said he has observed that “Firland is doing a lot better job than they have in the past.”

“With people like Mr. (Robert) Gray (of the Friends of the Rink organization) helping out and volunteering – good things are coming,” Viele said.

Bialkowski said the only ice rinks making money are the ones backed by wealthy sponsors, and then brought up the naming rights to the rink (formerly known as the Falleti Ice Arena).

“I don’t think $500 should put your name up there for five years. That’s like giving that away,” he said.

Viele said the rink would make money “if you have more than one sheet, and that’s expensive to get another sheet.”

Earlier, during the public comments portion of the session, Gray encouraged Council to vote yes to the amended operating agreement.

The Stafford resident said that under the current lease, Firland had the option to extend the lease for another five years.

“Due to extenuating circumstances caused mainly by the COVID-19 pandemic and the fact that the rink was closed from March 17 to September of the last year, both parties agreed to the two-year lease,” he said. “A new section was also added for the first time that dealt with the sale of the facility -- in the event that the city sells the facility or transfers ownership of the facility.”

Gray said that the new lease isn’t perfect, but "it does give requested consideration to Firland for the late payment to someone who has operated the ice rink for the last 14 years. It will allow the rink to be operated for another two years instead of sitting vacant.”

“City Council recently approved the new lease for Dwyer Stadium that was agreeable to both parties. Why wouldn’t you do the same for the Batavia Ice Arena? I think the proposed lease serves both Firland’s interest and the interest of the City of Batavia. The Batavia Ice Arena is a productive community asset.”

He cited a 2018 Creek Park feasibility study that indicated the estimated annual use hours at 1,600, estimated annual attendance at 68,500 and estimated economic output at $2.3 million.

Gray then took a veiled jab at Christian, who previously said the rink (for hockey) was used only by the “elite.”

“These elite people are your neighbors, coworkers and friends, and are found in every ward in the city and almost every village in the county,” Gray said. "Many people also believe that GAHA youth hockey is the only user of the ice rink. This is not true. The Batavia Men’s Hockey League, both high schools, public open skate, figure-skating lessons and pickup hockey all pay to use the ice at the rink. GAHA currently pays $200 for a 50-minute session – that’s four dollars a minute.”

He then commended Council for hiring Tabelski as manager, saying he has met with her twice to implement a program for his organization that would allow volunteers to identify and complete rink improvements at no or low cost to the city.

Batavia is on the front end of a New York State grant program designed to move the city closer to renovating the City Centre and Harvester campuses.

At Monday night’s Business Meeting, City Council passed a resolution authorizing Council President Eugene Jankowski Jr. to sign a contract with the New York Department of State to secure $193,500 via a Brownfield Opportunity Area Pre-Development Grant.

The city applied for the funding in July 2019, received approval six months later and now has the finalized contract in hand.

“It’s a brand-new grant program and we’re one of the first communities to receive this,” City Manager Rachael Tabelski said, adding that it is unique in that the state will pay the city in quarterly installments, with the first payment in advance.

“With BOA grants, that is typically how it works. With other state grants, you have to spend everything before you get the reimbursement,” she added.

Tabelski said the grant will pay for the bulk of the project’s $215,000 price tag. The remainder is set aside for in-kind staff support from the city manager’s office, public works director, maintenance supervisor and the Batavia Development Corporation director.

She said funds will be used for preliminary engineering and architectural studies; legal and real estate services; zoning updates; marketing, and developer communication at both sites and for possible site and subdivision layouts and legal, real estate and demolition analysis at the Harvester Avenue facility.

The grant will open the door to needed enhancements at the City Centre, which was awarded $1 million from the state’s Downtown Revitalization Initiative, and to transform the 23-acre Harvester industrial site into an updated hub for business, Tabelski said.

In other action, Council approved the following resolutions:

• On a 7-1 vote, with Rose Mary Christian opposing, the 2021-22 budget ordinance and a local law setting new water rates, meter fees and a capital improvement fee. The property tax rate will go from $9.59 per thousand of assessed value to $9.73 per thousand, while the water rates and meter fees will increase by 3.5 percent and the capital improvement fees will go up by 10 percent.

• The addition of the GLOW YMCA to the building space lease agreement with City Church at 114 Liberty St. in light of approval to have the YMCA run the city’s youth program beginning April 1. In conjunction with those measures, Council voted to terminate a previous contract with Genesee County for a shared youth bureau executive director.

• The adoption of the City of Batavia’s police reform plan that is to be submitted to the state by April 1 per Gov. Andrew Cuomo’s executive order No. 203.

• The amending of the Batavia Downtown Business Improvement District Plan that allows spending for marketing banners ($9,000), music equipment ($30,000) and Christmas decorations ($38,000) and adjusts the amount of the BID’s assessment charge to its members.

As the New York State-run mass vaccination clinic at Genesee Community College concludes its five-day run, Genesee County Manager Matt Landers said he believes the operation has gone well enough to justify a repeat performance.

The clinic, which offered 3,500 doses of the one-shot Johnson & Johnson vaccine, began on Friday and wraps up at 11 a.m. today.

While governmental leaders in Genesee, Orleans and Wyoming were upset that it wasn’t limited to residents in their tri-county area, Landers said that, procedurally, after some initial confusion, things went smoothly.

“As soon as the first couple hours died down, on Saturday, Sunday and yesterday, this thing has been a well-oiled machine,” Landers said this morning. “I think the state has been very impressed with the location and the ease of getting people in and out. I think we could have probably doubled the doses easily if the state would have given it to us.”

Landers said he hopes GCC could host another mass vaccination clinic in the near future.

“We’re hoping that the state looks at this as, maybe, a location that they can permanently staff with their own people, and not have it interfere with the Genesee County allocation. I hope the state looks at this and sees the positives that this location affords,” he said.

He said the college is a “logical place” for a clinic.

“They have one in Buffalo and one in Rochester, and the one here in Genesee County -- if they keep it the same way -- they’re still serving people from the western and eastern sides of Monroe and Erie counties (respectively) along with residents in our area,” he offered. "So, they’re still accomplishing (vaccinating people in) a large region and they have a great site.”

Landers did acknowledge long lines in the first couple hours on Friday as a result of the switch from the county’s regular clinic to the state clinic.

Going forward, he said it is important that any operation run by the state does not interfere with the Genesee County clinic nor the vaccine allocations that come directly to the county.

“Also, we would to have the state use its people to staff its site,” he said. “It’s one thing for us to use all of our staff to assist over a five-day span, but we need our employees for our needs here in Genesee County.”

Previously: Nearly half of the 3,500 COVID-19 vaccine doses at first GCC clinic booked by Erie County residents

As much as $2.5 million could be on its way to the City of Batavia through the $1.9 trillion American Rescue Plan that is expected to be approved by the House of Representatives either today or Wednesday before being sent to President Biden for signing into law.

“We’ve had figures ranging between $1.57 million and $2.5 million, so I’ll go with the lowest figure -- 1.5 to come into the City of Batavia, specifically,” City Manager Rachael Tabelski said after Monday night’s City Council Business Meeting at the City Hall Council Board Room.

The massive COVID-19 relief bill includes another round of $1,400 direct payments to income-eligible citizens as well as money for schools, small businesses, vaccines and expansion of the child tax credit. It has been hailed as a great victory for the Biden Administration, but lawmakers on the Republican side have opposed it, stating that only 9 percent of the funds go directly to coronavirus relief.

Already passed by the Senate, the current plan on the House floor appropriates $23.8 billion for New York State, broken down as follows:

• $12.569 billion for New York State government;

• $6.141 billion for New York’s metro cities;

• $3.907 billion for New York’s counties;

• $825 million for New York’s small cities, towns and villages;

• $358 million for New York State broadband investment.

Tabelski termed money earmarked for Batavia as a “windfall.”

“The issue with the revenue is that it is not sustainable … it’s a windfall to the city,” she said. “You have to look at it for one-time type projects, and it can only be spent on certain things, like water, wastewater, infrastructure, broadband infrastructure, things of that nature.”

She said that the funds aren’t “something we can use at this point to stabilize our operations” but can be used to advance projects identified by city leaders.

She said it is unclear exactly how the money can be spent.

“Does it have to be COVID-related or can it be open-ended? So, when those rules and regulations are promulgated, we’ll have a lot better picture of how we’re able to move that forward on behalf of the residents of the city,” she advised.

Looking at Genesee County, its chief administrative officer anticipates the county receiving between $11 million and $12 million once the bill is passed.

“Guidelines are still coming out to help municipalities such as counties and cities better identify how we can allocate those monies in our communities,” County Manager Matt Landers said this morning.

“Basically, the broad strokes, the big picture that has been provided to me so far is that we can spend it on things like economic development projects, and infrastructure needs like broadband and water.”

He also pointed out that the money can be used to replace verifiable lost revenue.

“And we certainly can demonstrate lost revenue in Genesee County from lost sales tax and even lost state aid,” he said. “And also cover current and future COVID costs … and costs related to the pandemic that may qualify, such as the delay of our (proposed new) county jail. We have delayed our jail probably a good year or two, and the prices have gone up since then.”

Landers said he will be on a conference call with New York State Association of Counties officials on Friday to learn more about the parameters of the American Rescue Plan and share ideas with other county administrators.

“To my knowledge, you can access the money for prior lost revenue … things that have happened as a result of the pandemic and then there are specific projects in the community that we can put it towards,” he offered.

“That’s where the economic development and infrastructure projects come in, working with the Chamber of Commerce and GCEDC (Genesee County Economic Development Center) to see of there are some projects that will meet the criteria – when we actually learn what the criteria is.”

Batavia Town Supervisor Gregory Post said he has not received specific details, but indicated any funding for the town would likely be funneled through the county.

“We received absolutely nothing officially, in fact we’re still trying to get FEMA (Federal Emergency Management Agency) reimbursements and work through that process,” said Post, adding that the town board will convene on Wednesday to possibly find out more about the latest relief package.

Post said there’s “a lot to offset” because municipalities did not receive the state aid that was expected.

“Counties are still recovering from that as well as a lot of towns,” he said.