Information provided by Catrina "Cat" Lasher, Birthday Party & Special Event coordinator at GLOW YMCA:

Next Friday, March 26, is Healthy Kids Day 2021 and there will be a free drive-thru event sponsored by the Genesee County YMCA. Healthy Kids Day provides all the ingredients for developing healthy, resilient kids and to celebrate kids being kids!

It will take place behind UMMC's Jerome Center, located at 16 Bank St. in the city.

Get your picture taken with the Easter Bunny and pick up a Healthy Kids Day activity kit (one per vehicle while supplies last).

Registration for the drive-thru is required and will be capped at 100 children. Call the Y at (585) 344-1664 to register.

You can also take part in a special virtual coloring contest to win prizes! Deadline to enter is Thursday, March 25.

There is no limit of participants for the drawing/coloring contest.

We would love for you to share with us something that helps you keep an active and healthy body and mind. In other words, “DRAW A PICTURE OF WHAT HEALTHY MEANS TO YOU.” Include your name, age and phone number.

Here's a link to the coloring / drawing contest form to print out, color, scan in, or take a picture of your drawing and email it to:  clasher@glowymca.org, or drop it off at the YMCA.

The coloring / drawing contest guidelines are:

• Open to all community members ages 2-12.
• Please email pictures of submissions to Catrina Lasher at:   clasher@glowymca.org
• Or drop off submissions at the YMCA, 209 E. Main St., Batavia.
• Two winners will be selected and prize packages will be given to them.
• Submissions may be displayed on social media.

By the way, the recipe for a healthy kid, according to the YMCA, is:

1. Start with a tummy full of healthy food.
2. Stir in a cup of physical activity.
3. Add a tablespoon of laughter.
4. Mix in a pinch of curiosity.
5. Sprinkle with a dash of fun!

Rather than reorganizing his debt, Michael S. Tomaszewski, the local funeral director also facing more than 200 criminal charges, is now seeking to dismiss all of his debt.

Today U.S. Bankruptcy Court Judge Carl L. Bucki signed an order converting Tomaszewski's bankruptcy filing from Chapter 11, in which a judge helps debtors and creditors arrive at a repayment plan, to Chapter 7, which would allow Tomaszewski to liquidate most of his assets and have any debts not paid after liquidation discharged.

Tomaszewski, both personally, and his company Acme Holdings of New York filed for bankruptcy in Federal Court on Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director and owner of Michael S. Tomaszewski Funeral Home and Cremation Chapel is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits from customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

The bankruptcy filing for Acme Holding remains Chapter 11, but there has been no activity on that case since February.

Yesterday, Tomaszewski was expected to formally accept a plea deal in his criminal case but for reasons unstated in court, the defendant declined to proceed and was granted a continuance of his case until April 13.

A year ago today the first case of COVID-19 was identified in Genesee County and officials at United Memorial Medical Center were already preparing for what was widely feared would be a surge of cases that could overwhelm the hospital system.

The first wave never crested locally in the way it did in New York City or Italy, but the preparation did serve the staff at UMMC well when the second wave hit in December.

It was "all hands on deck," said Dr. Peter Janes, chairman of the Department of Medicine at UMMC and director of the hospitalist group.

'All Hands On Deck'

At the height of the winter surge, when dozens of local residents were hospitalized with COVID-19, every staff member at UMMC was pressed into service. Medical providers affiliated with the hospital assisted. Residents (doctors in training) worked extra hours. Nurses from other departments cared for coronavirus patients.

"The help we got in the second wave was shocking," Janes said. "We doubled our workforce, basically. We tripled our patient population and we at least doubled our workforce. It was just incredible to see. I was just so thankful because I just didn't know.

"I saw the numbers going up -- I'm just like, 'I'm not going to go home. I'm going to be here 24 hours a day. We're going to be sleeping in the hospital.' And people just kept coming in. We got extra people that work nights. I mean, that's amazing. We were able to shift people to do 12-hour overnights.

We got nurse practitioners who were working as nurses on the floors and helping out. Everybody was doing things, even the administration. We had people from the administrative hallway, people who have a background in health care, helping."

That included Dan Ireland, UMMC's president, who started his medical career as an orderly.

"I've seen him put on his scrubs and do some work," Janes said.

Planning for Widespread Contagious Disease

Like a lot of people, early in 2020, Janes saw the news coming out of China of a new SARS (severe acute respiratory syndrome) strain causing hospitalizations and death but thought -- as many people did -- that new viruses come along once in a while and don't cause a pandemic.  

Even so, Janes and his colleagues at UMMC and Rochester Regional Health, began to review plans and procedures for dealing with a widespread contagious disease.

"I think initially, we were like, 'oh, here is another story,' " Janes said. "But as it sort of built up, we realized this was going to be something."

Then, during the week of March 11, the whole nation realized at once, SARV-CoV-2 was here and it was serious. The NBA, the NHL, seasons were suspended and spring training was canceled. Colleges and schools started shutting down.

"March 11th was a Wednesday, and I think right around there, that might have been the Sabers' last game, and that's when my daughter was told she's getting school canceled," Janes said. "That was the last in-person meeting I had with Rochester Regional Health, March 11th.

"I was in Rochester and I took my daughter up to Rochester to meet some friends because she was home for college. And after that, I go to pick her up, and there she tells me her college is canceled. And that's the last time I had an in-person meeting in Rochester."

UMMC staff reviewed every part of the hospital in order to plan how best to use the space if there was a surge of patients as well as reviewing personnel rosters.

"In preparing, we went through and with a clipboard and paper looking at all the possible places," Janes said. "We went through and looked at different providers and their skill sets and different nurses and their skill sets and where they could be redeployed to. Then we looked at PPE (personnel protective equipment), saying, you know, 'are we going to have enough of this stuff?'

'It Was Kind of Crazy'

"And again, it was kind of crazy at first because we got a case, we got a couple of cases. then it was a few, or five or six cases, in the first couple of weeks and we're making all these big preparations and we're like is this it? But we knew from what was going on in New York and what was going on out on the West Coast, like in Seattle, we knew it was going to affect us."

Janes said he was always worried more about staffing to deal with a large wave of patients than he was about capacity at the hospital.

"We thought, 'is this going to be wartime medicine?' " Janes said. "Is this going to be like we get people in, we have a different setup. We have wards in different areas and hallways, whatever it is. But I said we can squeeze people in here.

"But if it's as bad as they say it could be, then it's going to be just that bad in Rochester, just that bad in Buffalo. It's going to be the providers, the nurses, the staff, the cleaning crews, the people making lunches and dinners, and everybody here. I'm thinking, manpower is going to be our biggest limiting step."

Early in the pandemic, the big worry was whether there would be enough ventilators to treat the most serious COVID-19 patients. That was why there was a major push -- "two weeks to flatten the curve" -- to slow the spread, to give hospitals time to be able to handle the influx of patients, and ensure there were enough ventilators to treat serious cases.

Treatment Evolves, Scientists Learn More

We did flatten the curve but the treatment of COVID-19 also evolved as doctors and scientists learned more about the new disease.

"During the second surge, we got up there with the ventilators in the system, for sure, we got to a point where we start to get a little nervous again," Janes said. "I think a couple of different approaches, and it's hard to put your finger on exactly what it was, but I think we utilized different medications like Decadron that we started after the hydroxychloroquine didn't really pan out.

"Decadron, and then there's another medicine, Remdesivir, that that may have really cut back on the progression of the disease to the ventilator. But we also early on, there's a question whether BiPAP should work or the high flow oxygen would work. So initially, I think you may be put on a ventilator sooner but now we hold off and get people through it without a ventilator."

The second surge was "pretty darn serious," Janes said, and it came in stages. At first, most of the patients were in their 40s to 60s and primarily had low oxygen levels (hypoxic) and the new treatments were effective with these patients.

In the next stage, nursing homes in the area here getting hit hard by the disease and older people were more frequently the patients being treated at the hospital. UMMC went from seeing an average of 30 to 35 patients per day to more than 80 patients were day.

"We really need people in here. And people came in and it wasn't just the providers, it wasn't just doctors," Janes said. "There were a lot of people who came in and there were nurses working in totally in different areas, our techs acting as aides upstairs, people who you have never seen before but they're all over the place and everybody pitched in. It was pretty amazing to see."

The Pandemic Has Changed Medicine, Maybe Society, Too

The pandemic has changed medicine, Janes said, it has probably also changed society. Certainly, he said, we won't stop wearing masks in some situations anytime soon.

Face coverings, he said, have proven their efficiency at slowing the spread of infectious diseases. The big drop in flu cases this season is one piece of evidence that people wearing masks, washing hands, keeping distance helps stop the spread of viruses.

"I don't see masks going away from health care any anytime soon," Janes said. "I don't see masks going away from Wegmans or Tops anytime soon, but I worry about a little bit about complacency and lack of vaccination. I think we're getting a lot of people vaccinated, but not everybody. And so I think a third surge is very possible (in the fall or winter)."

The one message he wants to leave readers with, though, is "don't neglect your health." People, he said, should not let apprehension about SARS-CoV-2 keep them from seeing their doctors and seeking preventive and ongoing care for their medical conditions and concerns. 

"I think people were so scared of the health care system in the spring, they pushed off of their care," Janes said. "And so in the spring, what we found was that you didn't come to the hospital unless you had COVID. People with chest pain and people with infections and people with lots of uncontrolled diabetes or heart failure were staying home and sort of suffering through that.

"And I think that led to a lot of worse outcomes. I want to really encourage people to take care of their health. They can't be scared of the doctor's office. They can't be scared of making a phone call. People have to still reach out to the providers, make sure that they're in contact with their doctors, with their providers."

The Genesee County Health Department brought a COVID-19 vaccine clinic to Washington Towers today for residents who can't get to a vaccination site.  

Office for the Aging organized the clinic, Washington Towers staff registered residents online and the health department sent over the providers to administer the vaccines for up to 50 residents.

The residents received the Pfizer vaccine with a second dose schedule for early April.

The clinic set up at 400 Towers yesterday.

"We are so excited to finally be able to help our residents who don’t have internet access and/or transportation to go to an off-site location to get vaccinated," said Director Valerie Tidwell.

Press release:

On March 17th, a ceremony was held in the lobby at Batavia Downs Gaming as they donated $1,463.14 to the Batavia Police Department’s K-9 Unit.  The money was left at Batavia Downs and was turned into the police. When the money went unclaimed, Batavia Downs decided to donate that money to the Police Department’s K-9 Unit.

The money will be used to help fund the program, headed up by Officer Quider and K-9 Batu.

“We’re happy to help contribute to the K-9 Unit,” said Henry Wojtaszek, president and CEO of Batavia Downs. “It’s important for our local police department to have the resources they need to keep our community safe.”

“Public support and donations play a key role in the continuance of this worthwhile program," said Batavia Police Chief Shawn Heubusch. “These funds will be used to offset the cost of food, veterinary services, training, equipment and other K-9-related expenses.”

Photos by Howard Owens.

Press release:

Senator Ed Rath has introduced legislation, S.5718, that would permit school districts to open to students for in-person instruction if the school can always maintain at least 3 feet between students. 

“Getting our children safely back into schools is critical," Rath said. "For the past year, children have had their daily routines completely upended. While virtual learning was necessary early in the pandemic, schools have proven that they can safely bring children back.

"I continue to hear from parents who share their concerns about their children falling behind academically and greatly missing the social aspect of in-person learning. Now that teachers have been prioritized for vaccination, allowing the three feet of social distancing would be another tool in helping get children back in the classroom.

“While some counties and school districts have made spacing adjustments on their own, a unified approach is necessary.  Additionally, it has been seen in other areas of the United States that bringing back students does not contribute to significant community spread.

"I have also met with the New York State American Academy of Pediatrics, who shared their support of this measure. I am hopeful that this bill will help get our children back into the classroom and allow schools to focus on educating our children."

The bill, S.5718, was introduced on March 16th and was referred to the Senate Committee on Veterans, Homeland Security, and Military Affairs for consideration.

LE ROY – The Le Roy Farmers’ Market has been special to Scott and Mary Margaret Ripley for more than a decade.

But now, due to circumstances beyond their control, the market may be shut down, unless others step up to help the Ripleys run it.

The Le Roy Market was started 15 years ago by a handful of friends who belonged to a book club. After reading a book titled "Vegetable, Animal, Miracle" by Sandy Kingsolver, the friends Sandy Brady, Pat Fussell, Lynn Soloman, Linda Ruck and Donna Call decided to start a farmers’ market.

The market had a board of directors and was subsequently run by a second and third generation of individuals, until the third generation couldn’t do it anymore and was forced to give it up. 

Then the board was disbanded and all the members left, Mary Margaret said. 

“There was just me and Scott left,” she said. “We took over for the vendors and we’ve run it for five seasons. We knew they needed it and the community wanted it.”

The Ripleys had attended the market for eight years as a vendor with goods from their bakery.

Heart Attack Changes Everything

Then, a week ago, Scott had a serious heart attack. Fortunately, he is recovering and was released from the hospital on Friday, but Mary Margaret fears running the market will now be too much stress for both of them, and she is seeking help.

In addition to running the market, Scott is announcer for Le Roy Little League and is involved as a board member for the Le Roy Historical Society. Mary Margaret said it was undoubtedly stress, which caused his heart attack, and he has to slow down.

The Ripleys would like to re-establish a board in an effort to assure the market keeps going.

“We are asking people to volunteer to become members of the market’s new board,” Mary Margaret said. 

They feel one person is needed to handle each of these different tasks:

• Posting / updating social media;
• Serving as liaison to the village and work with vendor development;
• Booking weekly entertainment;
• Booking the community booth weekly;
• Handling New York State Nutrition requirements;
• Organizing weekly volunteers.

Market -- 'One of the Most Successful in the Area'

Before the coronavirus pandemic, the market had weekly entertainment. Mary Margaret said the Le Roy Market is one of the most successful in the area.

“People come from all over to our market,” she said. “Last year we had people from the cities who came here because our market was smaller and they were looking for a smaller crowd during the pandemic. Vendors also tell us they do better at our market than in others in the county.”

Mary Margaret said in addition to being of value to the vendors, the Le Roy Farmer’s Market attracts up to 400 people weekly. 

“It’s wonderful to see the community members come out,” Mary Margaret said. “These vendors are our friends and we want to see them be successful. We love the market, we love the vendors and we love our community.

"But we cannot continue to give up 15 weeks of our lives each summer without help. As we have experienced this week, life is very precious.”

The Le Roy Farmers' Market meets at Trigon Park from June 17 to Oct. 2 and is open from 9 a.m. to 12:30 p.m. each Saturday. 

Anyone who would like to volunteer to help with the market can email the Ripleys at:  marymargaretripley@yahoo.com, or text or call Mary Margaret at (585) 297-2441.

Photo from the Le Roy Farmers' Market Facebook page.

The loss of Carl Yunker is one which will be felt in many arenas – by his family, his friends, agriculture, his church, the community, and aviation.

Yunker, 97, died at his home near Elba on March 13, after being in failing health.

Born at the family farmhouse in Sheldon, Yunker was raised by his mother and two older brothers. He learned the meaning of hard work at an early age, helping to run the farm with his mother and brothers and a pair of horses.

He attended a one-room schoolhouse until sixth grade, then went to high school in East Aurora, where his ag teacher convinced him to go to college.

He entered Cornell University in 1940 and worked his way through college by working at the Curtiss-Wright plant in Buffalo, building P-47s. He received awards for marksmanship as a member of ROTC. He joined the Alpha Zeta, the agricultural honor fraternity, where he met classmates in the field of agriculture who would become lifelong friends. 

Pete Lockner, flight instructor at Genesee County Airport, told of Yunker’s love of aviation. Lockner said Yunker told him he would get up early in the morning and milk the cows, then go to Buffalo to build airplanes, and come home in the afternoon to milk the cows again.

Yunker had wanted to learn to fly at a young age and enrolled in classes at GCC in 1969-70, but his wife, Bernice, was so afraid of airplanes he didn’t pursue it any further. At the age of 70, however, with her approval, he approached Lockner in June 1993 and said he wanted to learn to fly. He got his pilot’s license in December 1993, and started building his own airplane – a Kitfox, in January 1994.

Bernice was at his side, documenting every step of the procedure as he went along. He built his own airstrip on a piece of land on North Byron Road. He became a member of the Vintage Aircraft Group at Pine Hill Airport, where he spent several years helping to restore three PT-19s.

Myra and the late Wayne Phelps, of Indian Falls, were lifelong friends of the Yunkers, along with three other couples who got together every month for years.

Myra was dating Carl while he was at Cornell and once took a train with another girlfriend to visit him. The other couples were Myra’s brother Richard Rudolph and his wife, Jean, the late Henry and Norma Calver, and Fred and Gloria Pletzker.

Carl met Bernice through their churches in Bennington and Sheldon, where Bernice’s father was pastor of both congregations. 

Myra said Carl was one of the most faithful and sincere persons she ever met.

Carl and Bernice were married Dec. 7, 1947, and their honeymoon to Key West was one of many trips they would take together throughout their lives. In 1951, with two young children, one tractor and a handful of cows they moved to the Merriman Farm on Transit Road, where they lived for the last 70 years.

Founder of CY Farms, Carl was known for his progressive farming and was active in both farm and community affairs. He was past president of Genesee County Farm Bureau, treasurer of Upstate Milk Cooperative and was named the “Outstanding Young Farmer of New York State” by the Jaycees.

A lifelong Republican, Carl was friends with the late NY Congressman Barber Benjamin Conable Jr. and helped him win his first election.

Along with Bernice, Carl was active in the campaign to establish Genesee Community College and he served on the board of Genesee Valley BOCES.

The Elba Presbyterian Church was an important part of Carl’s life, where he served on the session for 18 years of their 70-year membership.

The Yunkers had five children, including the youngest, Heidi Yunker Dorpfeld, of Medina/Middleport, who shared memories of her dad.

“My dad embraced me with absolute, unconditional love,” Dorpfeld said. “Even when I failed, he believed it was just another opportunity to grow. He supported me and my siblings in any endeavors we decided to pursue, which game me the drive to thrive.

"I watched him embrace life with positivity and perseverance. My dad reflected the love of God by intentionally looking for good in every person he encountered, believing man is created in God’s own image. I’m thankful to have been a part of his life and the legacy he is leaving us.”

Surviving with Dorpfeld are Carl’s wife, Bernice, who is receiving nursing care at home; children Gail (Bruce) Bartlett, of Baja California Sur, Mexico; Craig (Kimberly) Yunker, of Elba; Cyrus Yunker, of Virginia: Joy (Mark) Mistur, of Ohio; 16 grandchildren; and 13 great-grandchildren.

There are no calling hours. Private graveside services will be held at the convenience of the family in Springvale Cemetery, Elba.

A public memorial service will take place in the summer at Elba Presbyterian Church. Memorials may be made to Elba Presbyterian Church, 23 N. Main St., Elba; HomeCare and Hospice of Genesee County; or the Yunker Family Fund for Excellence at Cornell University, #0002768, Ithaca, NY 14850. 

Arrangements were completed by H.E. Turner and Co. Funeral Home. 

For Carl Yunker's obituary, click here.

Previously: CY Farms grew from the good land

File photo of Bernice and Carl Yunker from 2013.

Press release:

After championing funding for education to benefit Upstate New York’s schools, children, and students throughout the coronavirus pandemic, U.S. Senate Majority Leader Charles E. Schumer announced today that the recently signed American Rescue Plan includes $2.5 billion that will allow Upstate New York’s school districts: to fill budget gaps; address learning loss; meet the needs of students with disabilities; assist students experiencing homelessness; provide summer enrichment and afterschool programs, and more.

Schumer explained that after the COVID crisis forced schools to close, safely reopening them has and will continue to cost tens of thousands of dollars, and the federal funding allocated for them in the American Rescue Plan will help schools bring students back to their desks when New York recovers from the pandemic and returns to "normal."

“Everyone wants schools to reopen completely and for our children to be able to return to the classroom, but it needs to be done in a way that is safe for students, families, educators, and learning institutions,” Senator Schumer said.

“COVID brought unprecedented challenges that have cost a year of learning and development for students — challenges disproportionately felt by students of color, students from low-income families, students with disabilities, and more.

"As Majority Leader, I was proud to make funding for our schools a priority, and the American Rescue Plan will deliver this much needed aid to get Upstate students back in school. Help is on the way for Upstate New York’s schools put behind the curve by the pandemic.”

New York Senator Shelley Mayer, Chair of the Senate Education Committee said, “Thank you to Majority Leader Chuck Schumer for his hard work and persistence to ensure New York schools and students receive much needed support through the American Rescue Plan. This unprecedented federal funding will put us on the right path to recover from the devastation our school communities faced during the pandemic.

"I am committed to working with my colleagues to ensure that all federal aid will be used to supplement, rather than replace, state funding. The pandemic exacerbated disparities in our schools, and we must ensure that resources and staff are available to help students recover academically and work through mental and emotional health challenges. Thank you also to Majority Leader Schumer’s staff members for working closely with me in our efforts to secure additional education funds for our schools.” 

This funding is in addition to the $5 billion Schumer secured for New York school districts in the past COVID-19 relief bills. In total, Schumer has secured over $14 billion for New York school districts in the past year.

Schumer previously visited the Finger Lakes, North Country, Central New York, Western New York, Southern Tier, and Hudson Valley to advocate for federal funding for Upstate school districts.

Genesee County is in the Rochester -- Finger Lakes Region, which is earmarked to get $392 million.

Collectively, Genesee County School districts are expected to get a total of $10,677,000:

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.

Press release:

Congressman Chris Jacobs (NY-27) cosponsored and helped pass H.R. 1799, the Paycheck Protection Program (PPP) Extension Act.

“Small business owners are still facing major challenges as a result of COVID-19. As we work to rebuild our economy and get people back to work, it is important to ensure businesses have access to every resource possible,” Jacobs said.

“This legislation extends the application deadline for this successful program so more businesses can receive benefits and reopen.”

The Paycheck Protection Program Extension Act extends the deadline for a small business to apply for a PPP loan by two months. The application deadline was previously set at March 31st, 2021. For more information on how to apply, click here. 

Definitely worth coming and letting your imagination run with all that you could do with this home-great way and time to jump into home ownership! Click here for more information or call Lynn Bezon today at Reliant Real Estate today, call (585) 344-HOME (4663).

1595 Bank Street Road, Middlebury -- Calling all hunters, wildlife lovers, or anyone looking for solitude and nature! This property has a little bit of something for everyone -- two-bedroom fully remodeled 1985 mobile home, move in ready and situated on over 7 acres with a 36x40 barn, two ponds and some great woods! Home has all new windows, 3 yr old metal roof, newly remodeled kitchen and bath, super cozy wood burning stove and appliances included! 200 amp electric and 4 yr new septic an added plus.

Sliding-glass doors leads to covered back patio area and great views:) Great woods and could be logged for extra ready income! The barn is ready for all your toys or shop needs -- water ready, plumbed for bath, cement floors and 100 amp electrical service. Also for all those with technology needs there is high speed cable available as well! Definitely come ready to take a walk and discover everything this property has to offer! Click here for more information or call Lynn Bezon today at Reliant Real Estate today, call (585) 344-HOME (4663).

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.

 Data Update – 

• Genesee County received 10 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 20s, 30s, 50s, 60s and 80s. 
• Seventeen of the previous positive individuals have recovered and have been removed from the isolation list.  
• Two of the current positive individuals are hospitalized. 
• Two of the new positive individuals are inmates at the Buffalo Federal Detention Center.

Orleans County received two new positive cases of COVID-19.  

• The positive cases reside in the:
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their, 0-19s and 50s.
• Four of the previous positive individuals has recovered and has been removed from the isolation list.
• Three of the current positive individuals is hospitalized.

From Sen. Ed Rath, NYS 61st Senate District:

“It has recently come to light that the Cuomo Administration’s ‘vaccine czar’ Larry Schwartz has been calling local county government officials to gauge their support of the embattled Governor, this suggests that politics may improperly impact the equitable distribution of vaccines to New Yorkers," Sen. Ed Rath said. "This raises serious questions for me surrounding the vaccine distribution and whether ‘support for the governor’ has been taken into consideration all along when determining vaccine allocations.  

“Our communities and frontline workers are trying to battle the ongoing public health crisis and get residents vaccinated. Furthermore, many of our rural communities continue to ask for additional vaccine allocations. What we need is to have collaboration and open communication between our State and local governments, not fear and intimidation.  

“As Ranking Member of the Local Government Committee, I raised my concern in our committee meeting this morning and asked for a subpoena to investigate the matter of communications between Larry Schwartz and our local governments. It is critical that this issue be examined.

"As legislators, we need clarity and hold those accountable for any erroneous actions. This Administration is engulfed in scandals and New Yorkers should not being paying the price for their continued screwups."

Thirty years ago Bill Hayes couldn’t have imagined where he is today, even though he figured out what field he would pursue early on.

As owner of Turnbull Heating and Air Conditioning, Hayes is celebrating his 30^th year in business and the 55^th anniversary of the founding of his company.

Hayes grew up in Rochester and joined the Navy, serving for six years. He pretty much knew where his career path would take him when he enrolled at Alfred State College to study heating and air conditioning. He also met his wife Jo Ann there.

They married, settled in Lackawanna and had two children, who were 5 and 7 when Hayes got the opportunity to take over Turnbull Heating and Air Conditioning. 

Turnbull Heating and Air Conditioning had been started in 1966 by Batavia native Roy Turnbull, who was working in Buffalo for a mechanical contractor when he decided to go in business for himself, working at his home at 7 Roosevelt St. In 1970 he relocated to the Harvester Building and incorporated in 1972.

“It was a four-or five-man operation until I took over in 1991,” Hayes said. “Roy had a part-time bookkeeper, himself and four mechanics.”

It was a twist of fate in which Hayes and Turnbull met.

“I was working as vice president of a heating and air conditioning company in Buffalo, which was a York dealer,” Hayes said. “Roy was also a York dealer. When my boss died at a young age in 1989, his wife was grieving and gave a trip they had planned to a York convention in the Grand Cayman Islands to Jo Ann and I. That’s where I met Roy.”

Years later when Turnbull was in the process of selling his company to two of his employees and retiring, Hayes wasn’t even in the picture, he said, until Turnbull’s negotiations with his employees fell through.

“We had kept in touch since the trip, and one day Roy called and asked what I was doing,” Hayes said. “I told him I was getting ready to make a lateral move somewhere, and he said, ‘Wait a minute. How would you like to live in Batavia?' I had kids 5 and 7 and lived only three streets from my mother-in-law, but I went home and asked my wife how she’d like to live in Batavia.”

Her answer was “No way,” Hayes said.

“But the next morning over coffee, she said, ‘You know, I never want to be the one to blame for our saying ‘What if we had moved to Batavia?’ ”

Hayes took a week’s vacation, during which time he rode on calls with Turnbull.

“It was scary to jump ship to another company,” Hayes said. “Nobody in Batavia knew me. But Roy and I agreed on some terms and he gave me a note and I paid off the business in 10 years. I signed the papers on Feb. 1, 1991, and the next day Roy went on vacation to Myrtle Beach (S.C.) and stayed three months. He said if I had any questions to call him.”

Hayes commuted from Lackawanna for a year and a half, always on call for emergency calls. In October, 1992, Hayes moved his family to Batavia.

Turnbull Heating and Air Conditioning has seen gradual growth under Hayes’ ownership. In 1997 he started A-1 Sheet Metal to make plenums and duct work and to accommodate the do-it-yourselfers. Hayes said their motto was “Do it yourself with our help.”

When Hayes bought the business, it occupied 400 square feet of office space and 2,000 square feet of shop. They had expanded to 20,000 square feet when landlord Tom Mancuso came to Hayes one day and said, “I have a building opportunity for you at 50 Franklin St.”

Hayes moved the business there in August 2007.

“It was the best thing I ever did,” he said. 

As a full-service heating, air conditioning and commercial refrigeration dealer, today Hayes’ company has 18 trucks on the road, with 26 full- and part-time employees.

With business growing throughout Western New York, especially in Rochester and Livingston County, in 2002, Hayes opened a satellite office in Avon to serve as a sales office and parts depot.

Photo by Howard Owens.

The odor of natural gas in Building #5 at the VA Medical Center in Batavia has prompted the evacuation of the building. City fire is responding to the site at 222 Richmond Ave. The leak was called in by VA police.

UPDATE 2:49 p.m.: Command confirms the odor of natural gas in the building, says it will be there awhile, investigating. National Fuel is called to the scene.

UPDATE 3:05 p.m.: National Fuel said they'll get a crew there ASAP.

UPDATE 3:08 p.m.: National Fuel is on scene.

A statement from Assemblyman Steve Hawley:

“Following an incredibly generous allocation of federal aid to the tune of approximately $100 billion that would, according to a member of Sen. Chuck Schumer’s staff, wipe out our state deficit for the year entirely, we have been presented a tremendous opportunity to overhaul our state’s business climate and bring our economy roaring back through this recovery like never before.

"We have been given a clean slate with which we could finally make New York a competitive place to do business and create economic opportunity but, unfortunately, our colleagues in the Majority seem to be more interested in burdening our state with billions in new taxes in their budget proposal, even as we have seen a mass exodus of New Yorkers in recent years.

“This proposal by the Majority is a clear sign of a shifting paradigm in Albany, as it goes far above what even the governor proposed this year under the assumption our state would receive only minimal aid, as opposed to the massive package headed our way.

"Clearly the governor has lost any effective leverage in the budget process and is being walked over by radical progressives, and this proposal shows exactly why he needs to step down. We need a leader in this budget process who can stand up to ideologues and do what’s best for everyday working people, and Gov. Cuomo is in no position to be that person.”

Press release:

Registration is now open for free local electronics recycling events, in the spirit of Earth Day, which is Thursday, April 22. This year's Earth Day theme is "Restore Our Earth."

Last year, the Brockport-based electronics recycling company Sunnking saw record-breaking attendance, with eight events fully booked up for all drop-off time slots.

Due to coronavirus health and safety protocols, residents will be REQUIRED to register online for a drop-off time slot, or reserve a spot by calling (585) 637-8365.

Register online at sunnking.com/events and find a complete list of recyclable devices.

Sunnking collects an average of 100 tons of electronics per event.

Due to the rising costs of recycling and the coronavirus pandemic, Sunnking also asks supporters for an optional monetary donation to continue providing the environmentally responsible service.

Here is information about the first round of Upstate/Western NY events:

WHO: Sunnking Electronics Recycling

WHAT: Local electronics recycler, Sunnking, is opening registration for its initial round of FREE e-recycling events for 2021. 

WHEN:

• Batavia -- May 15 / 8:30 a.m. to 12 p.m.
• North Syracuse – April 17 / 9 a.m. to 12:30 p.m.
• Williamsville – May 1 / 8:30 a.m. to 12 p.m.

WHERE:

• Batavia -- Genesee Social Services Department, 5130 E. Main St., #3 (Enter off Ag Park Drive West.)
• North Syracuse – Cicero-North Syracuse High School
• Williamsville – Eastern Hills Mall

HOW:

Register online. Health and safety procedures will be in place to ensure a safe environment, including timed appointments, no-contact device removal, and dedicated drive-through lanes.

WHY:

Good stewardship of the Earth and its resources, according to the Environmental Protection Agency (EPA).

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

"We're really excited to see how many people will carry over that excitement for recycling that we witnessed last year," said Robert Burns, director of Marketing for Sunnking. "Throughout the winter we've had New Yorkers from all corners call us asking when the next event would be and now, we can give them the first few dates to look forward to."

Sunnking, New York State’s first R2 certified recycler, has offered no-cost collections in Western and Central New York since 2010.

"Thousands of people have clearly used the last couple of cold months at home to take inventory of their devices or upgrade over the holidays and now is their chance to take back their space the responsible way," Burns said.

Today's announcement comes as Sunnking celebrates its 21st anniversary, offering clients throughout New York state electronics recycling, ITAD (IT Asset Disposition), and data destruction services.

More local events will be announced in the coming weeks.