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While considering recommendations from the New York State Education Department, Center for Disease Controls and incoming Governor Kathy Hochul, the superintendent at Oakfield-Alabama Central School said the district’s reopening plan released today primarily reflects the wishes of its staff and its residents.

The plan formulated by John Fisgus calls for five days of in-person learning when classes resume on Sept. 8, with the wearing of masks or face coverings for students and staff while in classrooms left up to the individual’s personal choice.

Per the document, “Students and District staff are ‘highly recommended” to wear masks while in classrooms during instruction and learning, but it is NOT REQUIRED regardless of vaccination status. This is a personal choice and decision.”

The protocols do, however, require mask wearing on school buses, entering the school buildings and reporting to classrooms, and while traveling in the hallways between classes and/or to different locations within the buildings.

Fisgus (photo at right) said results of a survey he sent out on Aug. 5 separately to district staff and separately to residents is at the heart of the directive.

“We were looking to get a feel for their thoughts on masking -- thinking that there could be quite a difference in philosophies as, obviously, the teachers and the district staff can have a difference in opinion from that of the community,” Fisgus said.

What he found, however, was that both groups – staff and residents – were “right in line with each other,” he said.

RESPONDENTS WANT ABILITY TO CHOOSE

“Overwhelmingly, in summary, they (staff and residents) want the personal choice to wear a mask or not. It was 75 or 80 percent in favor of that,” he reported.

The O-A survey featured seven questions about masks, with respondents asked to rate their choices from strongly disagree to strongly agree. Fisgus said he received more than 400 responses.

The questions were as follows:

• Students age 4-11 years old who cannot be vaccinated at this time should be required to wear masks at school at all times.
• Students age 12 and older who can be vaccinated and are not should be required to wear masks at school at all times while indoors.
• Students age 12 and older who can be vaccinated and are vaccinated should be required to wear masks at school at all times.
• Adults who are not vaccinated should be required to wear a mask.
• Adults who are vaccinated should be required to wear a mask.
• The O-A district should require that all staff and students wear masks at all times while in school.
• The O-A district should leave mask wearing for staff and students as a personal choice and decision.

“Knowing what our local community wants and what our district staff is favoring, that is what we’re going to base our decisions on at this time,” he said. “But also know that we will have flexibility as we will be watching the seven-day rolling average. If something comes down that we’re having an increase in spread or whatever, certainly these protocols can change.”

INSIDE THE O-A REOPENING PLAN

Other key points of the O-A reopening plan are as follows:

• While we will try to maintain 3-6 feet of social distance, some classrooms and learning activities will return to group work with close collaboration among students and our teachers.
• Physical Education classes, Band and Chorus Ensembles and lessons, will return to normal operations in their regular classroom environments.
• Cafeteria operations will return to normal. Students will be seated at our original tables as assigned within each of our buildings.
• If anyone prefers to wear a mask while on campus, they will have the ability to do so with the respect of all students and staff members.
• The District will continue its high levels of ventilation, sanitation, and cleaning each day.
• We ask that each student and District staff member continue the practice of good hygiene by washing hands frequently and maintaining the proper social distance from one another, whenever possible.
• We ask that your child(ren) and our District staff members stay home when ill and  contact the appropriate school nurse.
• It is NOT REQUIRED for families and District employees to fill out the daily health screening form in ParentSquare this year.
• In the absence of any future school mandates regarding interscholastic sport competitions from NYSPHSAA, masks are *highly recommended* but NOT REQUIRED during practices and competitions. Players and coaches have the personal choice and right to wear a mask if desired.
• Our extracurricular activities and events at school will take place throughout the year and the wearing of masks is *highly recommended* but NOT REQUIRED by students and advisors. Any outside visitors to our campus for school events are *highly recommended* to wear masks, but it is NOT REQUIRED, regardless of vaccination status. This is a personal choice and decision.

*Please be advised of the following regulations regarding “close contacts” and “quarantining”:

•  A Close contact is defined as someone who was within 6 feet of an infected individual for a cumulative total of 15 minutes. Close contacts, along with the infected individual, will need to quarantine if identified in contact tracing efforts. In the classroom setting, the close contact definition EXCLUDES students who were within 6 feet of an infected individual if BOTH the infected individual and exposed student(s) were wearing a mask.
• Fully vaccinated students and teachers ARE NOT required to quarantine, however, they should be tested 3-5 days after exposure, even if asymptomatic, and wear a mask until their test result is negative.
• Quarantine period is 10 days.

DAILY MONITORING WILL TAKE PLACE

The District will continue each day to monitor the health and wellness of our students and District staff, along with the localized spread rate of COVID-19 and the Delta variant in Genesee County and our surrounding towns and villages.

Please be advised that the above protocols and procedures could change within 1-12 hours if the District feels it necessary for the health and protection of our students and District staff. Decisions will be based upon our current health status within our buildings and may be based upon the 7-day rolling average of transmission in our area. As well, any future mandates from the NYSDOH or NYSED may alter these plans.

Fisgus said the district’s board of education signed off on the reopening plan and he met with the teachers’ union earlier today to share the guidelines. On Thursday, he participated along with other superintendents in a Zoom meeting with Genesee Valley BOCES District Superintendent Kevin MacDonald.

“We’re all working together to try to figure out what is best for our region but, more importantly, what’s best for our local school districts,” he said.

Fisgus expects that the reopening document “will be fiercely circulated around the area,” and decided to release it despite receiving NYSED’s guidance late yesterday afternoon. Also, on Thursday, Hochul came out in favor of universal mask wearing in schools.

BOCES LEADER: 'WE'RE IN A HOLDING PATTERN'

MacDonald, speaking for the 22 schools affiliated with Genesee Valley BOCES, said most districts are in “a bit of a holding pattern” as recommendations continue to come out.

“We’ve heard now that incoming Governor Hochul is in favor of school masks, so I guess, right now, there’s not a rush. We know we have to communicate with our communities what’s happening, but in terms of a mask mandate, I don’t think we’re there yet,” he said.

MacDonald said he plans to touch base with other administrators on a weekly basis until the first week of September, with the overarching goal of ensuring “we get all kids in school every day in the safest way possible for students and staff.”

“Each superintendent has the best feel and bead on their community and what they think is best, and in the end that’s what we all have to do – what we think is best,” he said.

Notre Dame High School Principal Wade Bianco said the private school’s plan is to follow the guidelines set by the state and the county in order to comply.

“We’re going to try to give the kids the least restrictive environment as possible, based on those guidelines,” he said, adding that he has scheduled a staff meeting for next Wednesday and expects a reopening plan decision to be made at that time.

A 63-year-old Batavia resident was seriously injured in a single-vehicle accident at 11:47 p.m., Thursday, in Lockport.

John Kindig was found unresponsive in his vehicle after it struck a house at 7098 Chestnut Ridge Road, according to a release from the Niagara County Sheriff's Office.  He was extricated from the vehicle and transported by Mercy Flight to ECMC.

Three people were in the residence at the time and none were injured. Deputy Jacob Kenny assisted one resident who was trapped in a bedroom.

The accident is being investigated by the NCSO's Accident Investigation Unit.

Lockport's code enforcement officer Brian Belson declared the residence a total loss and ordered the residence demolished immediately. 

Responding volunteer fire departments: Wright's Corners, Terry's Corners, South Lockport, along with Niagara County's Technical Rescue Team.

 

Pamela Lynn Palaszynski, 35, of Bank Street Road, Elba, is charged with felony DWI, driving with a felony BAC of .08 or greater, moving from lane unsafely, and speed not reasonable and prudent.  Palaszynski was arrested by Deputy Trevor Sherwood following a car-into-house complaint at 11:59 p.m., Aug. 7.  Palaszynski was released on an appearance ticket.

Teresa Marie Stephenson, 31, of Cedar Street, Batavia, is charged with DWI and driving with a BAC of .08 or greater. Stephenson was arrested by Deputy Trevor Sherwood at 2:54 a.m., Aug. 6, on Bethany Center Road, Bethany, for allegedly driving drunk.  She was released on an appearance ticket.

Keith Alan Stevens, 63, of Forest Edge Drive, Batavia, is charged with failure to report a change of address within 10 days as a registered sex offender. Stevens was released on an appearance ticket.

Lyndsay Taylor Young, 38, of State Street, Batavia, is charged with petit larceny. Young is accused of stealing $206.03 in merchandise from Walmart at 4:04 p.m., Thursday.  She was released on an appearance ticket.

Ray Spencer-Lindquist Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with criminal contempt 2nd. Saile is accused of violating a stay-away order after being found with the protected party at the protected party's house.  Saile was arraigned in Town of Alabama Court and ordered held on $2,500 cash bail.

Updated 10:10 a.m. with village population. Note that town population numbers include the village population.

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The director of the Genesee County Planning Department, the agency that coordinated the most recent census, said today that he is pleased that the number of people living in the county in 2020 was more than anticipated.

The Healthy Moms, Healthy Babies program at Genesee/Orleans Council on Alcoholism and Substance Abuse is making a difference in the lives of women dealing with substance use issues while trying to raise a family, according to Jessica Budzinack, the agency’s parent/family support and project specialist.

“During the past year, we have been able to connect with parents or family members that need individualized support, putting a primary focus on pregnant and post-natal women and women who have children that were exposed to substances in the womb,” Budzinack said.

“Parents in recovery or parents that struggle with addiction have different needs and different barriers that they need to overcome.”

The initiative is supported by the Health Resources and Services Administration of the U.S. Department of Health and Human Services as part of a financial assistance awarded totaling $500,000, said Rosalie Mangino-Crandall, GCASA’s director of Project Innovation and Expansion.

Mangino-Crandall said the specific program is funded by an HRSA Rural Communities Opioid Response Program-Neonatal Abstinence Syndrome (RCORP-NAS) grant.

The HRSA RCORP-NAS program places emphasis on pregnant women, mothers, and women of childbearing age who have a history of, or who are at risk for, substance use disorder or opioid use disorder, and their children, families, and caregivers.

At GCASA, Healthy Moms, Healthy Babies specifically supports pregnant and post-partum women with substance use disorder and their partners and children as well as anyone caring for a child exposed to substances in the womb.

Services include case management (including connections to treatment, healthcare coordination, and assistance with social determinants of health), parenting peer support, recovery peer support, and transportation and childcare assistance.

Budzinack said the program offers “coach-like peer support to parents and their families.”

“We work with them to overcome obstacles, such as navigating the Family Court system, helping them find extra support for their children and helping them … connect to different organizations or resources that they need to help them be successful parents,” she said. “We also connect them with our Prevention team, which offers active parenting classes and other forms of education.”

She noted that she also has been able to assist mothers with children in foster care.

“We do what we can to help during the process of trying to bring them home. We help them navigate in that area to achieve those goals,” she said.

Healthy Moms, Healthy Babies staff are committed to lifting mothers and children with self-esteem issues as well.

“Another thing that they face is stigma,” Budzinack said. “They kind of feel like the world is shaming them for making that decision. Our job is to make them feel comfortable and responsible, and educate them to the best of our ability. Education is a big thing.”

Mangino-Crandall said the project utilizes the research-based Positive Direction Model created by Dr. Davina Moss-King to help pregnant women prevent and mitigate the effects of substances taken during pregnancy on their babies.

“This includes properly taking prescription medication such as MAT (medically-assisted treatment) medications as well as illicit drugs, alcohol and misused prescription drugs,” she said. “Women who receive medically-assisted treatment have different needs, and there’s much to consider in those cases.”

Budzinack mentioned the high level of uncertainty and fear faced by pregnant women on MAT who have just given birth.

“They have so much to think through,” she said. “How does this affect my pregnancy? What’s going to happen after I have the baby? Just to have someone that they can talk to without judgment, to make sure they know the importance of her health and the health of that child.”

She said she worked with a woman last summer who was pregnant and had two daughters in temporary foster care.

“We helped her to meet the criteria for the Office of Children and Family Services to bring her children back home while she underwent medically-assisted treatment to maintain recovery,” she explained. “Through support of a case manager, participating in The Recovery Station (on Clinton Street Road) and taking advantage of active parenting classes, things are working out for her.”

Budzinack said the woman has made a concerted effort to get her children back and that commitment has paid off. Her baby is going to be a year old in a couple months and both of her older daughters are back home with their mother.

Healthy Moms, Healthy Babies is backed by a consortium that includes the following original partners: Oak Orchard Health, Lake Plains Community Care Network, and Genesee and Orleans County Health Departments.

More recent partners include Oak Orchard WIC (Women, Infants and Children), Genesee and Orleans County Mental Health Departments, United Memorial Medical Center, UMMC Moms Program and Orleans Recovery Hope Begins Here.

For more information or to make a referral, go to https://fs9.formsite.com/DCn0ab/yxjhrj9pyu/index.html or call Budzinack at 585-813-8583.

Disclosure: Mike Pettinella is the publicist for GCASA.

Eighteen months and still no signs of slowing down.

Public Health Director Paul Pettit and his staff at the Genesee & Orleans Health Departments have worked tirelessly since February of 2020 to educate, test and vaccinate residents dealing with a COVID-19 pandemic that seemingly just won’t go away.

The Batavian spent about 15 minutes on the phone with Pettit this afternoon, picking his brain about the increase in cases, the Delta variant, community spread categories, face coverings, booster shots and natural immunity.

Q. With the number of cases increasing, do you plan to release information on a daily basis as was the case last year?

A. We’re discussing that; it is readily available as anybody can go to our website (www.gohealthny.org) and/or the dashboards to get all of the current data. We probably will be moving back to reporting at least once a week on the numbers.

We’re in the process of discussing that component of it. We have seen our numbers definitely pick up over the last eight to 10 days compared to where we were in July.

Q. When you talk about numbers, is it the same virus or is it the Delta variant? It seems like there is confusion over what people are coming down with now.

A. The reality is that every time you have a COVID test, there’s not a serotype done to see what strain of the virus it is. So, a lot of times we don’t have that level of detail. The state’s Wadsworth Lab in Albany does do that level of detail – they’ve been doing surveillance sampling of random samples from around the state and they’re also in the process of opening additional labs that will be able to do that. I believe the University of Rochester and one of the labs in Erie County are going to be able to do that.

It’s pretty much understood to be the Delta variant the way the cases are picking up. Samples that have been identified in the region are primarily Delta. It is presumed that it is the Delta strain by the way the numbers are picking up so quickly, but we don’t have the ability locally to analyze every sample.

Q. Do you think there will be some guidance out of Albany – either from the new governor coming in (Kathy Hochul) or from the New York State Department of Health?

A. We haven’t heard any updates on that beyond what the lieutenant governor commented on yesterday that she plans to meet with all of the cabinet members … ultimately it will be her decision on what direction they want to go with that.

(Since this interview, Hochul has announced that she wants students and staff to wear masks when school opens up next month. “My view is that people — children and everyone in the school environment — will be wearing masks,” Hochul said).

We’re going to continue locally to deal with cases through isolations and quarantines, and working in the community to keep the numbers down as best as we can.

Q. It seems like the categories that indicate the level of cases have changed. What are the actual categories now and how are they defined?

A. There’s low, moderate, substantial and high; four buckets basically that the CDC is using to essentially categorize community transmission of COVID. So, moderate is greater than 10 cases per 100,000 per week; substantial is greater or equal to 50 cases per 100,000 per week, and then high is greater than or equal to 100 cases per 100,000 per week.

From 10 to 50 is a pretty big jump, right, but then when you get to substantial, you have to double your weekly count of cases to get to high.

Q. Is it true that Genesee County currently is in the moderate range?

A. We have been in the moderate category but the numbers that we have seen over the past four to five days, averaging from seven to 10 cases per day, if those numbers continue over the seven-day period – which the CDC uses as their window – we’re definitely on the edge of potentially going to substantial.

Per the CDC guidelines, once an area is designated or classified by their chart as substantial spread, that’s when they would start to recommend that people consider masking indoors – vaccinated or unvaccinated – especially if you have certain underlying health conditions or are at high risk, so to speak.

It’s not a mandate – there are no local mandates – and, obviously, the state has not put out any mandates because the executive order/state of emergency has lapsed, but it is recommended due to the amount of spread that is occurring.

Q. How effective do you feel are the masks that people are wearing, especially considering the different types of materials the masks are made of?

A. We’ve talked about the mask question all along, from day one … we’ve heard that you should mask and that you shouldn’t mask from the federal side.

What we do know is that masks are effective in certain settings in reducing risk. People are not wearing, in most cases, N-95 – those are the gold standard masks in stopping viruses and bacteria, etc. But when it comes to what people are wearing in the community, you see many different types of masks.

Your medical surgical masks are probably the most effective outside of the N-95 because they are used in clinical, healthcare settings, and then you have cloth and buffs and all different kinds of barriers that people have created to try to meet the face covering requirements.

It’s a spectrum of how much protection they will provide depending upon the type of material of the masks. I will say that any type of barrier is going to provide some type of protection; depending on which one, more or less, and depending upon how it is worn. There are a lot of variables.

Is it foolproof, that if you wear a mask, you’re not going to get COVID? No. In the general setting, masks are a tool to try to reduce risk of getting the disease. The recommendation is that if you put it on, you’re protecting yourself and potentially others if you have COVID, and providing a layer of risk protection.

Q. Do you agree with Dr. Fauci that everyone will need a booster shot down the road?

A. The boosters are being studied on the federal level by the FDA (Food & Drug Administration), looking at the effectiveness of the current vaccines that we have out there. What we do know is that the vaccines are safe and effective; they’ve done a very good job of preventing illness and preventing disease in those who are fully vaccinated.

We have seen that there are some breakthrough cases occurring and the efficacy of all three vaccines is a little bit lower with the Delta variant than what it was with the original variant of COVID that we were dealing with since the beginning of the pandemic.

With that being said, they’re still very effective. Even with any of the breakthrough cases we are seeing, these folks have had very mild symptoms or asymptomatic, and none of them have gone to the hospital and none of them, obviously, have passed. We know the vaccines are working; they’re keeping people from getting sick. They may get COVID but they’re not getting sick.

As new variants come along, we need to give folks or encourage them to get a booster shot to match up better with the new strain and boost the antibodies and protection they may have. I think there will be a need for a booster shot at some point.

Q. What about people who have had COVID? Don’t they already have natural immunity, and do they need to be vaccinated?

A. Obviously, when you have a disease you develop natural antibodies, so there is some level of protection. But, again, what the data is showing is that those who have had COVID, their antibodies are not as high as they are when you get the vaccine. The recommendation still is that you get vaccinated even if you have had COVID.

The vaccine efficacy gives you better protection from re-infection than just having natural antibodies.

A Utility Terrain Vehicle was spotted by a Sheriff's patrol at 1:34 a.m., July 31, on Route 33, in the area of Seven Springs Road, in the Town of Batavia and when the deputy attempted to initiate a traffic stop, the driver failed to stop.

According to the Sheriff's Office, the drive took the UTV into harvestable crops causing significant damage to the crops and to fencing in the area.

The Sheriff's Office is asking for the public's assistance in identifying and locating the UTV.

The UTV is described as white in color and affixed with lights that change colors while in operation.

Anyone with information that may assist in the case can call Investigator Ryan DeLong at (585) 345-3000 ext. 3572 or Deputy Jordan Alejandro at (585) 345-3000 ext. 3257.

Press release:

The Batavia High School Class of 1965 will gather for their 55 Plus 1 Reunion on August 27-28. The highlight of the celebration will be dinner on Saturday, August 28 at Terry Hills Golf Club. with a 4 p.m. Social Hour followed by a 6 p.m. dinner. Any classmate who has not made reservations should do so by sending a check for $45 ($25 for just the Social Hour) to BHS Class of 65 c/o Steve Hawley, 50 Main St., Batavia, NY 14020.

On Friday, August 27 classmates are invited to meet at 6 p.m. at TF Browns, where a Party Room will be open to the Class of 1965 to order from the menu. A cash bar will be available. Those planning to attend
are asked to notify Bill Hyatt at hyhat@hotmail.com. Since 1992, the BHS Class of 1965 has annually awarded a scholarship, the Freedom Award, to a graduating senior from Batavia High School. To date, the group has donated nearly $40,000.

“Masking is the big issue.”

In five words, Pavilion Superintendent Kate Hoffman this morning summed up what other high-level administration officials at Genesee County school districts are thinking as they contemplate their reopening plans when classes resume on Sept. 7 or 8.

The Batavian reached out to public school superintendents and Notre Dame Principal Wade Bianco to gauge their progress in articulating what restrictions, if any, will be placed on pupils and staff.

During discussions with the officials contacted, it was reported that a Zoom meeting is scheduled for 10 a.m. today with Kevin MacDonald, Genesee Valley BOCES district superintendent, to communicate updates on COVID-19 case data and to try to reach a consensus regarding protocols and procedures.

School leaders also have been consulting with Paul Pettit, Genesee/Orleans public health director, for additional guidance on testing, vaccination and other health-related topics.

“We have gone over some guidance following CDC (Centers for Disease Control) recommendations,” Hoffman said. “For us, I’m still formulating our plan. A couple things that I know are likely to happen – we will move to a 3-foot social distancing and we will not be offering a remote option this year.

“We do some opportunities for our high schoolers for a BOCES-run program, but that’s has limited slots for that, so we’re really working through things and trying to see if any guidance does come down from state ed (the New York State Education Department) to see what that entails.”

Currently, superintendents are indicating that they don’t expect any executive orders or mandates coming out of Albany, but things could change if there is a reorganization at the top of the NYS Department of Health.

“It’s my understanding that everything (from the state) are recommendations this time around,” Hoffman advised. “More local decision-making.”

All superintendents said they will be sending out information to the staff and community electronically on their websites and via letters, but none have scheduled in-person meetings with parents yet.

On masking, Hoffman said she’s aware that it is the primary concern of all involved.

“We have some families that are strongly against masking and we have some that are strongly encouraging masking,” she said. “Unfortunately, I’m aware that any plan that we put out is not going to satisfy every single person. My hope is that we do the very best for our students and we approach this with a good dose of common sense and we listen to the people who know the numbers.”

Hoffman mirrored what other superintendents said when it comes to putting out a plan that is flexible in case the landscape changes in either direction.

“I believe our plan will be flexible enough to adjust if the number of COVID cases in our area go up, then we adjust to that; if they go down, then we adjust in the opposite way.”

Comments from other superintendents are as follows:

Scott Bischoping, Batavia High School:

"We’re still in the development of those regionally; still meeting with other superintendents," he said. "As you have seen from the national sort of news how this is traveling – changing very significantly, so we’ve held off on finalizing any planning until we get a further view of it."

Bischoping said Batavia plans on returning with students' in-person learning, so at this point, it's down to the masking requirements.

As far as meetings with parents, he said it may be done on a school building basis.

“We may even do those on a building level rather than a full district level because there would be nuances of those requirements and expectations for different buildings," he offered. "Most would be the same and we will communicate that electronically in letter, but with meetings we have not decided yet whether to do one with the full district or with various groups. Obviously, athletics will be different and will have their own meeting."

He said local districts have the "benefit" of seeing what other states are doing.

"We want to get a good look at that over the next couple weeks before we settle on anything," he said.

John Fisgus, Oakfield-Alabama:

Fisgus said that he anticipates releasing O-A's reopening plan by Friday afternoon, which likely will be the first document that will go out to the public. Previously, he sent out a survey to both staff and the community to gauge residents' feelings on face coverings.

"We certainly will be back five days a week in person; we were that all last year, so that's not a question at all," he said. "The big question for us is the masking."

Gretchen Rosales, Elba:

"Our goal is to develop a plan that meets academic, social, emotional and safety issues of the students and the staff. We have to carefully balance the wishing of our community with the CDC guidelines," she said. "The process is pretty intensive but it's important so it will take a little bit of time. We're working collectively to come up with something."

Rosales said she is expecting to begin the 2021-22 school year with 100 percent in-person learning, but is aware of the public's concerns over masking.

"I think that everyone is just waiting for final guidance and then we can make our plan and go from there."

Merritt Holly, Le Roy: 

Holly noted the number of "moving parts" in the process, especially considering what has happened with Gov. Andrew Cuomo.

"The interesting part is that I don't know, with the administration change in Albany, if the DOH now will put something out at the 12th hour before we start in September," he said. "So, that's always hovering and hanging. Even though they said they wouldn't, was that Governor Cuomo telling them to do that?"

At the local level, Holly said that today's meeting with MacDonald will hopefully "piece some things together and to find out what other districts are thinking about."

He said he initially thought to release his plan next week, but may wait as more and different information is disseminated.

"Really, what I think that it comes down to is that the mask requirements will be the biggest thing," he said, reiterating the common theme.

Plus, students need to be in school five days a week, he said.

"We can't go back to a remote or hybrid learning model," he said. "That's just not good for kids."

The Le Roy Town Zoning Board of Appeals’ unanimous decision Tuesday night to disallow a solar farm on Thwing Road was more than a 3-0 vote -- it was a 3-0 vote times five, according to ZBA Chair Stephen Barbeau.

Barbeau returned a call from The Batavian seeking reasons behind the panel’s action pertaining to CleanChoice Energy’s application to site a 4.95-megawatt solar array on farmland owned by the Gary W. Clark family at 7120 Thwing Rd.

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SEE ALSO: Solar company rep reacts to Le Roy ZBA's denial of community solar project proposed for Thwing Road

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A former Le Roy Town supervisor, Barbeau said the application, in this case, had to meet five different criteria before the ZBA could issue the use variance necessary to place a solar farm in a district zoned other than either Industrial or Interchange (near the NYS Thruway).

The first one was whether the project could be considered a “public utility,” which was the contention of CleanChoice Energy, and the other criteria – in four parts – were contained in the standard use variance guidelines issued by New York State, he said.

“It’s not for the Le Roy Zoning Board of Appeals to declare that commercial solar projects are akin to a public utility; that’s way above our pay grade,” Barbeau said. “That is not something that is supported in the law as it is known and we had no desire to make new law or try to make new law or set any new precedent.”

Barbeau said the ZBA sought out legal advice from multiple sources in order to make an informed decision.

“The applicants, their attorney, Ty (Baccile, project manager) and the Clarks are all good people,” he said, “but the elected board members of the Town Board set code and what these folks were asking for was an exception to that code.

“For us to grant an exception, there had to be some kind of overwhelming, unique, unusual circumstances as it is pretty rare that a use permit is granted.  It’s a very high bar.”

He said that the vote by the three voting ZBA members was 3-0 against categorizing the project a public utility and 3-0 on each of the other four criteria.

“Even if we had relaxed the standards (on the public utility issue) as they wanted us to, they still wouldn’t have cleared the other hurdles,” he said

The four criteria for a use variance for any town, according to Barbeau, are as follows:

1 – The applicant would not be able to realize a reasonable return (profit) as shown by financial evidence and that lack of return must be substantial.

“For example, 'I can’t sell this land for $2 because it’s landlocked or there’s poison on it or it’s an archaeological site so no one would want it. I can’t lease it … or a realtor determines that it’s valueless,'” he said. “They would have to show that they can’t make any money any other way through a permitted use on the property.”

2 – The alleged hardship relating to the property is unique.

“If there’s some kind of unique element to that property that doesn’t allow you (to use it), such as it’s all rock, and you can’t develop it for houses or to farm it or to mine it,” he said. “It’s just so unique that it’s a hardship.”

3 – The use that the applicant is requesting will not alter the essential character of the neighborhood.

“It’s wooded land, it’s farmland and there is some scrubland in there,” he said. “The only things that go on in that area is that people live there, people farm there and they hunt.”

4 – The alleged hardship has been self-created.

“In other words, ‘I inherited the property, I didn’t anticipate inheriting the property, I’m not a farmer, I’ve never been a farmer and I have no farm equipment, and a realtor said the property is worthless, so I can’t do anything with it,’” he said. “Even if that was the case here, you could potentially sell this land.”

Batavia PD received an anonymous tip that led to the recovery of some of the decorated stones and shells that were stolen from the Batavia Peace Garden a couple of weeks ago, according to Chief Shawn Heubusch.

The officers who recovered the stones and shells returned them to the Peace Garden.

Peace Garden founder and director Paula Savage confirmed that the stones and shells returned were from the Peace Garden.

Previously: Two-month art project at the Peace Garden, painted stones and shells, destroyed by vandals

Press release:

Congressman Chris Jacobs (R-NY) and Senator Mike Lee (R-UT) led a bicameral letter with 29 members of Congress to President Biden calling for the administration to change course and end its unconstitutional eviction moratorium. 
“We strongly oppose the Biden administration’s latest eviction moratorium issued by the Centers for Disease Control and Prevention (CDC). This latest action is plainly unconstitutional and will only serve to further distort the market and create a housing affordability crisis,” the lawmakers said. “Additionally, any further restrictions on evictions at this point are counterproductive. The economy is open, jobs and vaccines are abundant, and federal rental assistance is a reality.”

In a recent Supreme Court case, Alabama Association of Realtors v. Department of Health and Human Services, five members of the Supreme Court effectively acknowledged that CDC exceeded its authority in issuing the moratorium. Justice Kavanaugh stated that “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium past July 31.” 

“Instead of pursuing an unconstitutional moratorium, the Biden administration should be focused on distributing the nearly $50 billion in rental assistance that was appropriated through three separate stimulus packages.” the lawmakers said. “As long this moratorium remains in place, property owners will continue to struggle financially. These property owners must still pay mortgages, taxes, and maintenance for the dwelling. If this continues much longer, we will see a wave of bankruptcies, foreclosures, and blighted properties.”

Most states require the tenant to take the initiative when applying for rental assistance. A recent Treasury report found very little of the federal rental assistance money has been disbursed so far, and the new moratorium will act as an additional disincentive for tenants to apply for this aid, leaving property owners on the hook. 

“We demand the Biden administration end this moratorium and allow the rental assistance funds to do what they were intended to do. This government overreach must end,” the lawmakers said.

Full text of the letter can be found here

Video by Pixel Pro Video

Randy Fancher, president of Fancher Properties of Akron, is returning to the Genesee County Planning Board on Thursday night for a third time to propose a revised site plan for a mixed-use project on Main Road between Brickhouse Corners Drive and Tim Hortons in the Town of Pembroke.

The latest version has Fancher Properties of Akron, doing business as Brickhouse Commons LLC, constructing a two-story building with 7,000 square feet of retail space on the first floor and six market rate apartments on the second floor, along with driveways, parking lots and a six-bay tenant parking garage to the south.

A review of his site plan is on the agenda of tomorrow’s meeting starting at 7 o’clock at County Building 2 on West Main Street Road.

“This is basically the third version considering changes requested by the DOT (NYS Department of Transportation) and issues with wetlands,” Fancher said. “So, this is where we have to start until we hear back from the Army Corps of Engineers on our request for wetland reclassification, which could take up to a year. We didn’t want to wait so we decided to get started here.”

Fancher said that his company will begin construction once all permits are obtained and verbal commitments for tax incentives from the Genesee County Economic Development Center are approved.

“We’re looking to start in the late fall and hope to have the building up about a year from now,” he said.

The project has changed in scope from what Fancher Properties proposed last June – going from a three-story mixed-use building with retail on the first floor and 17 apartments on the top two floors.

In January of this year, the company modified its plan to a two-story mixed-use building along with two buildings housing 12 apartments.

“Last year, we were already to go but then the DOT said that we couldn’t have a driveway onto Route 77,” Fancher said. “We’ve had a few challenges up to this point but we’re working through them.”

Because of the DOT’s concerns, the company moved the location from Route 77 to Main Road (Route 5).

“We’re still on the corner, basically, but instead of building on Route 77, we’re on Route 5,” Fancher said, adding that the venture was delayed because the DOT would not allow a curb cut onto Route 77,

“We have to connect a road from Route 77 over to Brickhouse Corners Road, which is where Yancey’s Fancy is located. There are wetlands there and we’ve applied to the Army Corps of Engineers for reclassification because, right now, the road has a big curve in it,” he said. “Once we get that approval, we can continue on to Phase 2 and Phase 3, which will consist of more retail and more apartments.”

The development’s location is the GCEDC’s Buffalo East Technology Park in the Town of Pembroke’s Interchange District.

Fancher said he and his brother, Jeff, company vice president, plan to reach out to companies such as Starbucks or Mighty Taco to gauge their interest in placing a store at the site.

Other referrals on tomorrow’s planning board agenda include:

-- Downtown design review for a new façade, lighting and signage on one side of the Batavia Tailors & Cleaners building at 33-39 Ellicott St., along with a new rooftop heating and air conditioning unit.

-- Downtown design review for the addition of four wall-mounted canopies, one large structural entrance canopy, new wall paneling and new freestanding signage at Fieldstone Private Wealth, 219 East Main St., at the intersection of Summit Street. The project is part of the New York Main Street grant program administered by the Batavia Development Corp.

-- Downtown design review of the Healthy Living Campus project in the city, with developers seeking approval to remove multiple buildings and construct new ones.

-- Site plan review and sign permit request from Zambito Realtors to convert a dwelling into a new realty office across from Applebee’s on Lewiston Road. The project includes siding, windows, and removing a breezeway to make it into an office with handicap ramp.

-- Site plan review and special use permit in a Commercial district for Alvamar Healthy Foods to use 1,000 square feet on the first floor of the Masonic Temple building at 12 S. Lake Ave. in Bergen for freeze drying, warehousing and shipping of healthy snacks.

Owners Eddie Alvord and Michael Marsocci’s application indicates that Phase 2 would be the addition of retail space in the front area of the building to dispense healthy snack foods with no preservatives.

-- Site plan review for Tamara Parker to reuse an existing storefront at 22 East Main St., Corfu, for a sign and vinyl graphics business to be known as TMP Signs.

-- Special use permit for PCORE Electric, Inc., 135 Gilbert St., Le Roy, to build a 227 square-foot addition for an office.

Photo: Architect's rendering of Brickhouse Commons mixed-use building proposed by Fancher Properties of Akron near the intersection of Route 5 and Route 77 in the Town of Pembroke.

The project manager of the proposed Thwing Community Solar Garden project on farmland owned by the Gary W. Clark family at 7120 Thwing Rd., Le Roy, declined to address any future action following Tuesday night’s rejection of the 4.95-megawatt system by the Town of Le Roy Zoning Board of Appeals.

Contacted by telephone at his Corning home this morning, Ty Baccile, project manager/solar development for Washington, D.C.-based CleanChoice Energy, acknowledged that the ZBA’s vote against the siting of the solar system on 26 acres of a 62-acre parcel represents the end of CleanChoice Energy’s communication with local officials.

“As far as the Town of Le Roy goes, that is the last procedural step for CleanChoice Energy and the Gary Clark family to pursue the application,” he said. “We could proceed with an appeal to the New York State Supreme Court to review the ZBA’s response that we are not a public utility and to review the same points that we presented to the zoning board.”

When asked if CleanChoice Energy would be looking to appeal, Baccile said, “I can’t comment on that at this time.”

Baccile has been working on the project for a couple years leading up to last night’s public hearing in front of the four-person ZBA at the Le Roy Town Hall courtroom.

The plan came up against a recently-passed solar ordinance by the Le Roy Town Board that restricted such projects to land zoned as Industrial, or located in the municipality’s Interchange Zone.

On Monday night, Baccile said a few neighbors asked “constructive questions” about the project, but said there were no controversial issues.

“We gave a PowerPoint presentation with lots of visuals to show both the Zoning Board of Appeals and the public just how suitable the site was and how special we believe it is – and the benefit to both agriculture and the landowners,” he said. “The landowners farm 600 acres in town and this would serve to help their farm out and also to show the different things you can do with the operations and maintenance plan with pollinators.”

Baccile said the solar farm was “barely visible” from the road and was formulated with appropriate setbacks.

He said the current zoning as it pertains to community solar farms is restrictive to the point of infringing upon property owner’s rights to control the use of their land.

“If you were to look at a zoning map of Le Roy, the town is 80 percent Residential or Agricultural district and very little amount of Industrial,” he said. “Part of our presentation was to show them that if we were to move our project to an Industrial district and leave behind the opportunity for the Agricultural district and the landowner, that we would have a very difficult time because of the technological and environmental constraints that exist in the Industrial district.”

Calls and emails to ZBA Chair Stephen Barbeau were not returned at the time of the posting of this story. Barbeau is a non-voting member of the board; voting members are Tony Madeau, Mark Moochler and Jay Whipple.

Baccile cited concerns from the New York State Department of Environmental Conservation over the impact to wildlife, plants and wetlands in Industrial/Commercial zones and also mentioned the lack of appropriate electrical infrastructure in those districts.

“We wanted to show them that we could still follow the spirit and intent of their zoning – with how you site a project and doing it safely and following all the setbacks – but we just couldn’t place it in an Industrial district because of the lack of appropriate land,” he added.

Another issue was that the code stipulates the project fit the definition of a public utility, and the ZBA disagreed with that as well.

“The public utility aspect … started with a series of court cases in the early 1900s right to the late 1990s with various emerging technologies from electric power to steam to antennas to telephone towers. As they have merged, it has been identified that they don’t always fit in the zoning schemes, for the very reasons that we presented: the technical challenges,” Baccile said.

“As a result, zoning boards are allowed to relax some of the use variance rules related to landowners’ desires to dedicate some of their property for solar. But the ZBA declined to accept that thought process, and simply responded that they do not believe we are a public utility and since we are not a public utility, they will apply the standard methodology and denied our application.”

The vote was 3-0.

Baccile said the ZBA’s decision possibly could be challenged in the future as New York continues its push for more renewable energy.

“They have made it very difficult for them to achieve the goals of their solar plan, which are to distribute energy resources as called for by the state, and to promote the opportunities that exist per the state’s legal mandates for the electric generation transmission by 2025,” he said.

Le Roy Town Supervisor James Farnholz, who cast the lone “no” vote to the town board’s solar zoning code ruling, said today that he felt a compromise could have been worked out when considering the Residential and Agricultural districts.

Farnholz agreed that the solar code is restrictive and mentioned that trying to place solar farms in Industrial or Interchange (by the Thruway) districts would be more expensive.

“It’s not that there isn’t significant property available for solar companies to use. There is about 20 percent, I think, outside of Residential and Agricultural, if you combine it all,” he said. “But it’s going to be more expensive because it’s not flat, tilled ground that you can just come in and throw solar panels on. The available land is going to require more site preparation and that will cost more.”

If it was approved, the Thwing CSG would have qualified for the CleanChoice Community Solar program, generating enough energy to power 800 to 850 homes in the Town of Le Roy and surrounding areas, Baccile reported.

Photos: Visual simulations of the proposed Thwing CSG project that was turned down by the Town of Le Roy Zoning Board of Appeals on Tuesday night. Submitted by CleanChoice Energy.

Members of the Batavia Society of Artists participated Tuesday evening in a Plein Air painting exhibition at the Stafford Country Club.  

The artists spread out over the golf course to paint various landscapes of the club.  The event was organized by club member Mari-Ellen Lamont as part of the club's 100th Anniversary Celebration.

The paintings will be sold at auction to benefit Stafford Country Club Scholarship Fund.

City Church, at its St. Anthony's facility on Liberty Street, was the site Tuesday of the Batavia Police Community Night Out event.

The evening, which includes games, demonstrations, displays, vendors, and food for the whole community, is designed primarily to give community members and local law enforcement to intact in a fun, casual atmosphere. 

Press release:

Now is the time of year that many homeowners are having their driveways paved or repaired, and the Genesee County Sheriff’s Office would like to remind residents that if anyone comes to your door offering to pave your driveway, you should be very cautious of a scam.  Most towns in the county require a permit to solicit door to door.  If a contractor comes to your house offering to do work, they need to possess a permit from the respected town that indicates the town has approved them as a legitimate contractor.  If a blacktop contractor offers to do work at a price that is too good to be true, it probably is, and you should be very cautious.  These scam blacktop contractors tend to be very persistent and will later try to get you to pay more money than what was originally agreed upon.  As soon as you see any suspicious soliciting or work being done in your area, please call 9-1-1.  

Press release:

The City of Batavia has been awarded a Northern Border Regional Commission (NBRC) 2021 State Economic & Infrastructure Development (SEID) grant.  

The City’s Bank Street water project was awarded $334,000. The NBRC received 156 applications this year for the SEID grant cycle, requesting more than $81M in funding.  This was a 16% increase in requests over 2020. Across the four states, 44 applications from this very competitive field were selected including the City of Batavia.

“The much-needed upgrades to infrastructure will support both public and private development along Bank Street including the progress being made at the City Centre Campus redevelopment and Healthy Living Campus. The new 8” water main will also allow for an additional number of residential and commercial units to be developed in the corridor as planned in the downtown revitalization strategy,” said Eugene Jankowski, Jr. City Council President.

The current Bank street waterline will be updated to an 8” line.  Over 950 linear feet of 8-inch diameter water main will be installed and replace the current 4” and 6” lines that are undersized and aging, 90+-year-old water lines.  The estimated cost of the project is $410,000 and the City will provide a local match to the grant of 20% ($82,000).  

The waterline project 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 parking lot for the Police Station,” said Rachael J. Tabelski, City Manager.  

This project aligns with the strategies laid out by the Downtown Revitalization Initiative (DRI) Investment Plan and New York State Brownfield Opportunity Area (BOA) as well as being in a federally designated Opportunity Zone. It is also part of a larger corridor plan in which the City is seeking Transportation Alternative Program (TAP) grant funds, as well for roadwork and streetscape on Bank Street.  

Currently, there is over $50M in public/private development in downtown Batavia, at various stages of planning, permitting, and construction.  This will be a welcomed investment that helps City as a whole, as well as the local business community, community institutions, and quality of life. 

As expected, the Batavia City Council on Monday night voted to pursue a 2021 Transportation Alternative Program grant that, if awarded, could spur city maintenance crews to address the inadequate crosswalk setup from the Genesee County Office of the Aging to the parking lot on the west side of Bank Street.

“It’s really not a highway project … (but) is focused on non-vehicle enhancements, which would be traffic calming and more pedestrian elements,” said City Maintenance Supervisor Ray Tourt during the board’s Conference Meeting. “And we would finally go ahead and try to configure a crosswalk out there.”

Council President Eugene Jankowski Jr. jumped at the chance to comment further on the crosswalk situation.

(See below -- Previously: Video: Crosswalk awareness event on Bank Street)

“Is that going to solve the problem that we’ve had where people are in the crosswalk and cars are whizzing by not noticing them?” he asked. “It’s kind of a situation that has been like that for a long time.”

Tourt said a goal is to narrow that corridor “which tends to slow vehicles down.”

“So, with the use of bump-outs and vertical elements in the way of replacing trees … and actually formalizing a crosswalk where it could make sense,” he said. “There’s a chance that there could be a change to the driveway access points to a couple of the properties and try to get those in line and then include a crosswalk at the intersection of Alva Place.”

City Manager Rachael Tabelski reported that these federal TAP grants administered by the Genesee Transportation Council and New York State Department of Transportation range from $500,000 to $5 million, depending upon the project’s price tag.

Tourt said an estimate provided by LaBella Associates of Rochester about 18 months ago pegged the Bank Street project at $1.5 million, but that price could go up by 20 or 30 percent due to rising material costs. The city would be asking for the amount of the project and would be on the hook for 20 percent of the final cost.

The proposal includes adding streetscape elements, pavement markings, signs, accessible ramps, more crosswalks, pedestrian corner “bump-outs” and/or center median refuge.

“And there certainly could be more road improvements that could go on there,” Tabelski said. “If we do receive a grant from the Northern Border Regional Commission as well, this would play nicely to do the waterline (on Bank Street) and the road at the same time.

Following the meeting, Tabelski answered additional questions about the section of Bank Street between Main Street and Washington Avenue.

• On the chances of getting the grant:

“We always like to try our best to pursue grant opportunities, and we have LaBella Associates (of Rochester) helping us write the grant. We’ve gotten this grant before and we’ve been successful with it.

“There’s definitely a lot of positive attributes to the project – not only the pedestrian safety and the streetscape, but also the studies we’ve done previously where it was identified as a need in the community. The DRI (Downtown Revitalization Initiative) had a Bank Street project component and so did the Mall Feasibility Study. So, it has been identified multiple times as an area to be enhanced with streetscape and pedestrian safety.

• On attracting a developer to put up a mixed-use building:

“Any enhancements we make in infrastructure can be an incentive for developers to look at an area. A proposal to have apartments and possibly commercial at Bank and Alva Place is one of the long-term concepts in the BOA (Brownfield Opportunity Area) plan. So, it would be directly across from the police station. It has always been envisioned to have more downtown living near the mall campus.

• On slowing down traffic with a new police station on the block:

“I don’t know the traffic flow patterns of where they (patrol cars) will go; it will probably be call dependent on how they will leave the station. Even now, they have to get out of the parking lot that they’re in (behind the old City Hall, next to Austin Park).

“But, typically, they don’t leave the station to go out on a call because they’re already out in the community when calls come out.  A lot of times they’re already on a call when another call comes in.”

• On the status of the new police station on the Alva Place parking lot?

“Right now, we’re drawing up the documents to put out an RFP (Request for Proposal) for a design and engineering firm that we hope to release at the beginning of September.

“The stages of the project start with the RFP for design and engineering, score and rank those firms internally and then bring that proposal to Council at the same you bring all of the funding information to them so they can decide to move forward.”

In other action last night, Council:

• Approved a resolution authorizing the city to act as lead agency for the State Environmental Quality Review for the renovation of Jackson Square, the concert area located between Jackson and Center Streets, next to Center Street Smoke House.\

• Moved resolutions to the Sept. 13 Business Meeting pertaining to the rezoning of two parcels on East Main Street to C-3 (Commercial) and to conduct a SEQR for the Healthy Living Campus project of United Memorial Medical Center and the Genesee Family Area YMCA.

• Approved a resolution for the receipt of a Police Traffic Services grant for $12,936 for details dedicated to increasing seat belt usage and reduce dangerous driving behaviors, and another to reflect the receipt of $3,000 for the fire department to continue its child safety seat program through the NYS Governor’s Traffic Safety Committee.

• Agreed to not lock the Little League and Minor League fields on State Street and Denio Street, respectively, despite communication from youth baseball officials who expressed concerns about dogs leaving a mess on the diamonds.

Jankowski urged residents to respect the fields and clean up after their pets, but stated that it would be best to keep the parks accessible for all to use.

“We don’t want (people) climbing the fence to use a city park,” he said.

Previously: Video: Crosswalk awareness event on Bank Street.