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The Batavia Town Planning Board -- not satisfied with the answers they received regarding screening from a neighboring couple’s home – on Tuesday night tabled for a second time a proposal to install a ground-mounted solar system off R. Stephen Hawley Drive, across from Genesee Community College.

Batavia Solar LLC is looking to acquire a special use permit to construct the 1.65-megawatt system on vacant land at 99 Med Tech Drive, owned by the Genesee Gateway Local Development Corp., which has an office in the nearby Med Tech building.

Town planners requested Kaelyn Roche and Jim Taravella, project representatives, to provide one-, five- and 10-year simulations of how the property will look with adequate screenings, such as trees and berms, to obscure the solar panels from the sight of Robert and Michelle Wood, who live at 8244 Batavia Stafford Townline Road.

This is what the board had asked for during an April 20 site plan review and special use permit request consideration, when it tabled the proposal until this week’s meeting. Apparently, the information provided on Tuesday is still insufficient.

Roche, project development manager with YSG Solar in New York City, said that she spoke to Michelle Wood and reported that “we basically came to an agreement that we would work with her down the road and determine what works best for her.”

Taravella, an engineer with LaBella Associates, said that the plan is to plant 15 white spruce trees behind the Wood property, noting that the couple’s garage would also serve as a shield from the solar panels.

“As we near construction we can work with them if they want something other than white spruce,” he said.

During the ensuing discussion, planner Paul Marchese asked if the Woods were given the option to have berms placed on the site.

“I told them they could do whatever they wanted,” Roche replied.

Previously, during a Feb. 2 public hearing, Michelle Wood specifically requested berms:

“We really would like a berm put along the back of it – it protects us and our house. We’re OK and in favor of a solar farm there. We would prefer a solar farm versus a cement industrial building there, so we don’t have a real problem with it. We would just like for them to come to us with what their ideas are and what they’re planning to do.”

After Taravella pointed out that additional screening would be placed along the road to obscure it from traffic and that he would work to keep utility poles to a minimum (a planning board priority), Planning Board Chair Kathy Jasinski asked if it could be passed contingent upon Town Engineer Steve Mountain’s final review and approval.

Mountain and planner Jonathan Long brought up the need for visualizations – what the site would look like down the road, warning that it would be best to make sure everyone is on the same page before getting started.

All six planners at the meeting agreed, prompting Donald Partridge to recommend tabling the referral once again.

“I would like to see this tabled; I’m not ready to vote on it. I’d like to be able to talk to the Woods myself,” he said.

At that point, the board voted unanimously to table it and put it on the next agenda (May 18) as long as Taravella has enough time to provide the computer renderings requested.

The proposal calls for the installation of about 4,500 modules on the 7.95-acre parcel, of which 5.63 acres will be fenced in. Other aspects of the project include an access road with a 13- by 20-foot equipment pad and a 6 foot high chain-link fence around the entire layout. 

In other action, the board approved a special use permit for a drive-thru for the Chipotle restaurant to be put into the existing commercial building at 4222 Veterans Memorial Drive – in space formerly occupied by Metro Mattress.

Mountain said the drive-thru on the northwest side of the building would allow room for the stacking of five cars.

Matt Mahaney, town zoning ordinance compliance officer, said all building and zoning requirements have been met.

The redesigned Jackson Square looks great, but is it functional?

That’s a question that promoters of The Batavia Ramble Music & Arts Festival are hoping City of Batavia officials and representatives of Architectural Resources consider before breaking ground on the Downtown Revitalization Initiative project later this year.

“They’re putting too much emphasis on the artistic aspect of the design and they’re forgetting about the practicality of what it is used for,” said Stephen Kowalczyk, who has been involved in sound, lighting and (recently) administration of The Ramble since its inception 13 years ago.

Kowalczyk expressed his opinion this afternoon – a day after community residents made their way to the venue between Jackson and Center streets near Center Street Smoke House for an informational meeting set up by city leaders and the Buffalo design firm hired to bring new life to the property.

Enhancing Jackson Square is being funded by a strategic investment grant of $750,000 from the New York State DRI program.

Kowalczyk and co-promoter Paul Draper said their main issues are with components of the proposed stage – its configuration, roofing material, its height and placement of a handicap ramp. He said they gave suggestions to the architect previously, but believe their input was disregarded.

City Manager Rachel Tabelski, in an email message this afternoon, did report that The Ramble musicians requested officials to re-examine the sound acoustics, specifically the “current canopy design of the stage and the materiality of the canopy as well as the stage height and the ramp access point to the stage.”

She said the city will work with Architectural Resources to modify the design to accommodate the commentary, including the canopy and stage.

“We want the citizens of Batavia to utilize Jackson Square for a multitude of events and will continue to work through design to get it correct,” she said.

Kowalczyk provided his “blueprint” for making the area not only attractive but practical:

• Changing the stage's proposed glass roof to wood with 50-year metal roofing over it.

He said a see-through roof idea is not appropriate for the setting.

“Maybe in an open park it might work but it does not work in a concrete jungle that is Jackson Square,” he said. “It’s already an acoustical nightmare because of all the concrete walls, and they’re just going to make it worse by adding more reflective surfaces that are angled inappropriately to the way a band would be on stage.”

• Changing the stage from the proposed oblong shape to a rectangle.

“There are no right angles on the stage. Every single cut that they’re going to have to make in building this is going to be an odd angle that will take more resources and time to build,” he said. “We’re just asking for a simple rectangle stage with a normal roof on it so the band can have its gear protected and have some shade from the sun.”

• Keeping the height of the stage at 30 inches instead of the proposed 16 and moving a new handicap ramp from the front of the stage to behind it to avoid having to go over any cables and wires.

“The height of the stage is the biggest thing that’s killing me,” he said. “They’re cutting the stage almost in half, which means anyone further back is not going to be able to see anything.”

Kowalczyk said the proposed design “is not functional or practical for any live event out there except maybe a poetry slam.”

“They kept talking about a poetry slam. For someone who has done acoustic shows there, with the motorcycles and trucks going by, you can’t get away with doing anything with the spoken word. It’s too noisy.”

He said he was hoping to attract band recitals and start movie nights, but the stage reconfiguration would make it difficult to hang banners or a projector screen.

Draper said he thinks the architect had “good intentions but they were considering the design more than the utility of the event space.”

“It seems like they could have done a better job if they would have listened to people who actually utilize the space,” he added.

Tabelski said that the pavement and lighting element feedback was “all positive.”

“The concept integrates many historical layers of Batavia including the Great Bend -- changing the trajectory of the Tonawanda Creek -- the Ancient Seneca Footpaths and the history of ‘old’ downtown Batavia,” she said.

Following approval of the final design concept, the project will move to the construction bidding phase. Groundbreaking is expected this fall, with completion anticipated next spring.

A call to Justina Dziama of Architectural Design this morning was not returned.

Architect renderings of the proposed Enhanced Jackson Square project.

Genesee County Legislature’s Ways & Means Committee this afternoon voted in favor of a four-year contract, retroactive to Jan. 1, 2020, with the Genesee County Deputy Sheriffs’ Association that calls for between 2 and 2 ½ percent annual pay raises.

Terms of the pact include salary increases of 2 percent for both 2020 and 2021, 2.25 percent for 2022, and 2.5 percent for 2023.

Additionally, according to County Manager Matt Landers, deputies will pay slightly more toward the employee share of health insurance premiums but will receive slightly more for the uniform allowance.

Landers said that it was his understanding that the contract passed overwhelmingly in a vote by the union membership, which consists of road patrol deputies, investigators and school resource officers.

A telephone call to Union President John Baiocco was not returned at the time of the posting of this story.

“The contract has expired, so hopefully in the future we can put ourselves in a position to have a contract settled without having any period where there is an expired contract,” Landers said. “That’s my personal goal as county manager and I’m going to work very hard to accomplish that. In this case, COVID threw everything for a loop. This is an atypical contract. I don’t expect the next contract to have a year and half expired before we ratify a new one.”

Landers said Sheriff William Sheron “hammered out directly with the union some things that are more procedural, but as far as monetary terms, we pretty much got that done with both sides agreeing that it is fair.”

Per the resolution, funds to cover contract costs were budgeted in the county’s contingency account.

Landers said that due to vacant positions in the Sheriff’s Office, funds are available to cover a portion of the increase. The total transfer from contingency is $116,199.

Mortgage Tax Distribution Increases

In other action, the committee approved a resolution authorizing County Treasurer Scott German to distribute the first of two mortgage tax payments for 2021 to the City of Batavia and the county’s towns and villages.

The amount to be allocated, $465,343.03, is more than $75,000 higher than the first payment in 2020 and $200,000+ more than the first payment in 2019.

County Clerk Michael Cianfrini said he attributes the increase to the robust housing market.

“It’s probably a combination of the economy improving so you’re seeing more house purchases than you’ve seen in recent years,” he said. “My speculation is that it is due to the fact that housing prices have gone up so much, and the mortgages that people are taking out on the houses are significantly higher than recent years.”

The amount of the mortgage tax distributions are as follows:

• City of Batavia -- $81,520.65;
• Town of Alabama -- $12,378.68;
• Town of Alexander -- $19,562.53;
• Town of Batavia -- $80,877.17;
• Town of Bergen -- $24,236.58;
• Town of Bethany -- $14,662.19;
• Town of Byron -- $21,697.85;
• Town of Darien -- $37,676.58;
• Town of Elba -- $11,478.03;
• Town of Le Roy -- $43,476.29;
• Town of Oakfield -- $13,307.92;
• Town of Pavilion -- $13,335.52;
• Town of Pembroke -- $44,538.34;
• Town of Stafford -- $21,776.79;
• Village of Alexander -- $2,014.82;
• Village of Attica -- $708.96;
• Village of Bergen -- $3,348.50;
• Village of Corfu -- $2,696.30
• Village of Elba -- $1,418.78;
• Village of Le Roy -- $12,577.40;
• Village of Oakfield -- $2,055.15;

The committee also recommended the reappointment of Matt Gray, of Batavia, owner of Eli Fish Brewing Co., to the Board of Directors of the Genesee County Economic Development Center effective July 1, 2021 through June 30, 2027.

All of the Ways & Means Committee action will be forwarded to the full county legislature at its May 12 meeting.

Seven dogs that once belonged to a dog breeder in Pembroke are in the process of being adopted into new homes, but the resolution of the criminal case against Lori Ann Adolf won't be settled until next month at the earliest.

The 47-year-old Adolf is charged with 26 counts of torturing or injuring animals and failure to provide proper sustenance along with one count of endangering a child.

There is a pending plea offer but her attorney, Michael Guarino, in Pembroke Town Court today said he has not yet had time to sit down with his client and go over the offer with her. He asked for an adjournment and Justice Donald O'Connor granted one until 1:30 p.m., June 9. Assistant District Attorney Kaitlynn Schmidt said she didn't oppose the adjournment but said if Adolf isn't ready to accept the plea offer at the June 9 appearance the offer will be withdrawn.

The terms of the offer were not discussed in open court.

In January Deputy Kevin McCarthy arrested Adolf after reportedly finding 13 dogs and two cats covered in feces, urine, and surrounded by garbage. The dogs were reportedly not in good health but recovered while at the animal shelter. McCarthy also reported finding 10 dead rabbits inside the house that as well as a dead dog.

At a hearing on April 14, Guarino said Adolf would sign over some of the dogs for adoption but that she wanted to keep three dogs and two cats. Three of the dogs reportedly belonged to other people.

"The situation was not the way she intended it," Guarino said in April.

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

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

All seven of the dogs released by Adolf have been claimed by prospective new owners.

Previously: 

• Pembroke woman arrested after deputy allegedly finds 13 dogs, two cats in deplorable conditions
• Pembroke woman pleads not guilty to animal abuse charges, asks to keep 3 dogs and 2 cats

Frustration and what seems to be a growing level of mistrust on all fronts have bubbled to the surface over a Brockport businessman’s proposal to develop an outdoor shooting range and entertainment venue on Harloff Road in the Town of Batavia.

Tuesday night’s Batavia Town Planning Board meeting revealed a standstill of Brandon Lewis’ bid to secure a special use permit to own and operate a shooting range for firearms’ training and competition, drive-in theater and small RV park on a 22-acre parcel at 3269 Harloff Road.

According to Planning Board Chair Kathy Jasinski, Lewis has yet to comply to a letter sent to him by the town engineer seeking information necessary for planners to make an informed decision.

“The letter outlined everything he needs to do,” Jasinski said, on the Zoom videoconference session. “He has a lot of reports to prove the safety and all of our questions, he has to answer them. And he has not made any effort yet, so we’ll have to wait until he starts producing the material we need.”

Although the proposal to place a shooting range in the vicinity of Area 51 Motocross was not on the evening’s agenda, it came up right away during the “public comments” portion of the meeting.

Lewis, a Genesee County native and owner of The Firing Pin in Bergen, has been attempting to get town approval for the project since early March, when he gave an overview to the Genesee County Planning Board. Since then, residents living in the area have voiced their opposition while others -- both in and outside of the Town of Batavia -- have reached out to the planning board in support of the project.

Lewis: 'It's a Perfect Location'

Last night, Lewis attempted to address the concerns, primarily safety and noise, of those who live near the Harloff Road site.

He said the RV park will be small, not 130 campers as some people have said, and there will be no hook-ups, sewer or water. He also said hours of operation are negotiable and that all members of the shooting club would be certified range safety officers.

As far as shooting toward the Thruway, he pointed out that Four Points in Spencerport (actually Four Point Rod & Gun Club in Scottsville) customers “shoot directly toward the Thruway as well,” at the same distance, about 1,000 feet.

Lewis then said he believes the topography of the area, which is zoned for outdoor recreation use, is “a perfect location for a shooting range in the town” and meshes with the municipality’s comprehensive plan.

He then questioned the restraints of the special use permit.

“It is very difficult and will continue to be very difficult to get people to invest in businesses in that spot … very, very difficult to have any kind of investment in that area with that type of burden placed, where every year …” he said, before mentioning Area 51 owner Chris Mosier and the need for an annual review of the special use permit.

“He’s put $100,000 in labor alone in that facility. I intend to do the same and it’s going to be very difficult for me to justify that if I’m allowed to do something and then every year I have to fight to allow it to stay open.”

Taking Steps to Reduce the Noise

Lewis acknowledged that noise is a “primary concern,” but said he has several solutions, including planting trees around the perimeter of the property, placing berms in the direction of fire, angling the noise away from homes and putting a rifle’s muzzle into a culvert-type pipe to reduce the noise.

“And we have the safety issue covered (with) protocols and training standards in place, I think that people will see that safety is something that we have covered easily,” he added.

Lewis then asked if he could get copies of residents’ complaints (he was told that he would need to file a Freedom of Information Act request with the town clerk) and if he could stage a one-day event where people could gauge the level of noise generated by conducting sound studies.

Jasinski shot that request down, however, stating that the special use permit was a prerequisite to any formal activity on the property.

“If you want anything to go on your property, you need to follow through with the letter the engineers sent to you,” she said. “You need to start sending us the information, and they outlined that very clearly.”

At that point, Cory Coles, who lives on Pratt Road, brought up that Lewis is “soliciting his customers and others to sign a pre-written letter and sending them to the town, himself” (which later was verified by Jasinski).

“Having people from outside the town and Genesee County sending letters that claim our concerns are not valid is absolutely ridiculous,” Coles said. “… to be told that my concerns are not valid even from somebody 10 miles away is pretty unbelievable to me.”

Coles is opposed due to the noise factor, and said that project supporters are contending that the discharge of firearms in the distance is no different than a blown out tire on the Thruway.

“I’ve been living here for a few years and I can confirm that I do not hear 100 tires blowing out on the Thruway every 15 minutes,” he offered.

Resorting to Name-calling?

Then he reported that comments on The Firing Pin Facebook page and discord server have disparaged nearby residents, with terms such as “idiots, morons and even Nazis.”

“One person going as far to suggest that we all should go out into the middle of I-90, presumably to get run over,” he said, adding that he questions the legitimacy of some of the emails and comments.

Coles said photos of the residence of a sheriff’s deputy who lives in that area were uploaded to the discord server, as well.

“Bottom line is it’s kind of concerning. Mr. Lewis claimed over and over how he wants to be a good neighbor, but I just can’t seem to see where he cares if he does or not,” he said.

After dealing with agenda items (special use permits for a solar system on R. Stephen Hawley Drive and a drive-thru for the new Chipotle restaurant on Veterans Memorial Drive), planners revisited the shooting range proposal.

Paul McCullough said he talked to a neighbor who is “quite concerned with the direction of fire and having Area 51 on one side and the shooting range on the other” and about the hours of operation.

Jasinski reported that Mosier is scheduled to address the board at its next meeting for a review of his special use permit.

Chair Says She Will Monitor the Situation

Another question pertained to Lewis’ right to shoot on the property as the owner, with Jasinski saying that is permitted but he can’t hold events. She then said she would monitor Lewis’ website and Facebook page, and if she heard something was going on there, she would check it out.

In closing, Jonathan Long said the way things are proceeding – or not – is leaving a bad taste in everyone’s mouth.

“It’s a bad first introduction for the neighbors – the property owners that have been in the town for many years,” he said. “The stuff online in my opinion is just not right. But, like you said, he hasn’t addressed any of the issues in the engineer’s letter; he hasn’t really given us a site plan of what he really wants to do, so until that happens, we’ll have to wait on it, I guess.”

The Batavian obtained a copy of the letter from Town Engineer Steve Mountain.

In it, Lewis is required to submit a detailed project description; and existing conditions, potential impacts and mitigation pertaining to the environment, traffic, community character, community facilities, fiscal impacts, land use and zoning, sanitary sewage and water supply, and water resources.

The plan also requires a coordinated review under the State Environmental Quality Review Act because it exceeds 10 acres.

Previously: Residents speak out against proposed outdoor shooting range on Harloff Road in Town of Batavia

Press release:

• Genesee County reporting 16 new positive cases of COVID-19. 
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford) 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
  • Twenty of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Five of the current positive individuals are hospitalized.
• Orleans County reporting 12 new positive cases of COVID-19.  
  • The new positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 50s and 60s.
  • Eight of the previous positive individuals have recovered and have been removed from the isolation list.
  • Two of the current positive individuals are hospitalized.

City Council Member John Canale was correct in his belief that expenses incurred during the search for a new city manager earlier this year would be minimal.

According to information released by the manager’s office today, it cost the city $3,644.74 for the professional search/interview process that resulted in the hiring of Rachael Tabelski in early March.

Expenses were for advertising in national publications and websites ($1,239), background checks ($1,005.74) and psychological examinations ($1,400) for the potential candidates.

As it turned out, the city was not billed by The Novak Consulting Group of Cincinnati, Ohio – the firm that assisted City Council in this and the previous manager search that brought former manager Martin Moore to Batavia. The contract with Novak stipulated that it Moore left within two years (which he did), then the next search would be free.

In late February, Canale, in response to an inquiry from a Batavia resident, said he would make sure the numbers are provided, and added that he thought they will be “very, very minimal.”

Tabelski moved up from the assistant city manager position to take the lead role upon Moore’s departure last June.

During that time, the city has been functioning without an assistant to Tabelski. This is a considerable cost savings in light of the position’s $82,946 to $100,604 salary range. Furthermore, Tabelski was earning less during the interim as she is now -- more savings for the city.

Meanwhile, Tabelski said that in-person interviews of assistant manager candidates will take place in the near future.

The city also is seeking someone to fill the vacant director of Public Works position.

The Batavia businessman and Le Roy municipal leader at the forefront of a proposed 60-unit senior residential complex off East Avenue in the Village of Le Roy on Monday afternoon responded to objections about the project -- calling the development a quality, well-thought-out venture that will benefit tenants and the community at large.

Eric Biscaro, owner of Armor Building Supply in Batavia and several other construction material-related companies in and around Western New York, and Le Roy Village Mayor Greg Rogers returned phone calls from The Batavian after the posting of a story reporting concerns from LeRoyans Tom Frew and Jim Gomborone.

Biscaro is looking to construct 30 duplex patio home rentals on a 20-acre parcel that runs east of East Avenue. The plan also calls for the development and sale of eight single-family home building lots along an extension of that street.

Frew, a member of the Le Roy Town/Village Planning Board, said he was against the idea for several reasons, primarily that the duplex units are not compatible with homes in the East Avenue, Orchard Drive and Poplar Lane (where Frew lives) area; that there would be a significant increase in traffic; and that it would cost the village considerably to extend infrastructure on East Avenue to accommodate Biscaro.

Gomborone said he is worried about water running off the development into a stream and possibly flooding his Mercy Grove and Le Roy Country Club properties on East Main Street.

Noting that he read the story with their objections, Biscaro said he wanted to set the record straight about the project, which he said will likely be a $9 million to $10 million investment.

On the zoning issue:

“One question that came up is that we’re going to change an R-1 (Residential) District to a Planned Unit Development area. We won’t change anybody’s zoning, including the eight lots that are proposed on the front of this. Those eight lots will be an R-1 District. The only thing that requires a PUD is my senior housing proposal for the 20 acres there.

On extending East Avenue and connecting to South Avenue:

“The planning board’s concerns were that nobody wants to put in dead ends anymore or cul-de-sacs because people get trapped in there if something major happens down the street. What we will do – because we want the project to go through, and yes, we will be putting more people there – is to let me recondition that South Avenue road that’s there. It’s 18-feet wide and there’s a base in there right now. You could drive down in with a pickup truck right now.”

Biscaro said he met with Le Roy highway and fire officials and went over a plan where he would clear trees and brush, and would lay crushed stone over it to make it passable.

“I’m not going to pave it – I’m not a road builder – but I will make it very nicely passable for a fire lane that’s emergency use only, so no one is ever trapped there. We’ll have a great fire exit for all of East Avenue and those two side streets (Poplar Lane and Orchard Drive). I would think the residents would look at this as a nice addition, and hopefully, they’ll never need it, but if they do, it will be there.”

On the building lots:

“There will be eight new lots for sale for single-family homes. The village is looking for more places for younger people to buy, and this gives them eight more lots to do that. I would presume that those houses, when they do build, will be the highest assessed properties in the neighborhood. I don’t see them lower than the houses currently in the R-1 District, which are nice houses but they were built in the 1960s and ‘70s.”

He said the new houses and rental units must pass current building and energy codes.

“They are great buildings that we have built. If you look at Clinton Crossings in Batavia (a similar project that he put up about 15 years ago) the quality is fabulous. We use radiant floor heating instead of forced air. That will cost me 2 ½ times (more) than what it would cost if we put in forced air heat and air conditioning – and it’s way more efficient and way more comfortable. That’s why seniors love to stay in my place.”

On the possibility of decreased property values:

“If you go down Stringham Drive and Violet Lane (in Batavia, next to Clinton Crossings), homeowners there had the same concerns. We did a study on what my project did to them and the assessments over the 10 years that we were there went up 15 to 18 percent. Nobody got hurt. You can talk to anybody who backs up to us and they’ll all say that we are wonderful neighbors and nobody got hurt one bit.”

On increased traffic in the area:

“At Clinton Crossings, we have 40 units. Five of the residents don’t drive and only three have more than one car and more than one driver in the home. I don’t even have an average of one driver and vehicle per house, and they may go out only twice or three times a week.”

On flooding of Le Roy Country Club:

“I cannot go in there and have any more water leave that property when I’m done that leaves it right now. I have to submit a plan to the DEC (Department of Environmental Conservation) and they have to approve per their stormwater retention requirements. Once we get the topography, we will be able to design this plan and get the DEC to approve it. We certainly will (have) way less leaving there but whether it will be zero or not, I can’t say at this point. I have no question that we will develop a fine stormwater plan and leave it way better than it is right now.”

On the cost to the village:

“Mr. Frew is under the impression that the village is going to put in all of the water, sewer, gas and electric in there for me. I wish that was true. Down that street, anywhere that has anything to do with the street or my project, I put the water and sewer in. On the street, itself, when I get done with it and they inspect it and it’s all done to code, I give to the village – it’s theirs. But I put it in at my expense.”

Biscaro said the village is going to start with infrastructure work extending about 500 feet, taking in the first four building lots and the entrance to the development.

“I’m doing building lots for the first time because that’s what the village is looking for, but I don’t think they’ll be that profitable. The village never developed that street because it needs a sewer pump station with a backup generator in there, which is a very expensive item (probably around $60,000 to $80,000). But by putting those eight lots in and my 60 units, now we can afford it.”

In closing, Biscaro said the vast majority of rental units will be 1,200 square feet with one and a half bathrooms and an attached garage.

“For this one, I’m going to put in a couple that are a little bigger and have a two-car garage. People have asked me to do that. And I, myself, would like one of those and I’ll probably end up living there when this project is done.”

MAYOR: NOT DONE ON A WHIM

Le Roy Mayor Rogers said the village has done its due diligence and has a plan that will save money and, ultimately, expand the village’s tax base.

“We are not hiding the fact that we are investing in this road in an attempt to broaden our tax base,” Rogers said. “It’s a dedicated village street – an extension of East Avenue around to South Avenue over to South Street. We’re not going down South Avenue at this time – that will be for somebody else. We plan on blocking it off for emergency access only.”

Rogers said the village will get help from the Town of Le Roy and Genesee County on the road, and has reached out to the Genesee County Economic Development Center to see if it could assist.

“This wasn’t something that was done on a whim. We plan on doing the work ourselves and using CHIPS (Consolidated Local Street and Highway Improvement Program) money that we have set aside for a project like this – which is over $600,000. The developer is going to take care of all the infrastructure under the ground,” he explained.

“If we were to go to the end of the street and put it out for bid, Clark Patterson Lee (engineering firm) said it would be roughly $1.8 million to do it. This is our plan to get started with our own stuff to see how far we can go. We don’t plan on borrowing any money. Yes, we are going to spend resources that we have set aside for roads; that part is true.”

PROMOTING THE BUILDING LOTS

Rogers said he doesn’t see “consistency with the neighborhood” as an issue and is convinced that the project is a good investment for the village.

“The closest that the development is going to be is 100 from the back property line of any resident. It’s going to be the same thing that is on Route 33 in Batavia – Clinton Crossings,” he said. “And the building lots are what we’re really looking to promote; getting some new, single-family homes in that thing, along the street (east side of East Avenue).”

The mayor said it likely would take 10 years for the village to get a return on its investment, but looked beyond that to the increase in the village’s assessed value that would be applied against the school tax rate.

“This is something I thought needed to be done when I started in office,” Rogers added. “In a perfect world, let’s get it started; get down the street and have the developer come in and do South Avenue. The building lots over there would be absolutely gorgeous.

“Honestly, I’ve got three years left in office and I could have sat back and made my life easy and not done a thing. But I didn’t think it was the right thing to do.”

A public hearing on the project is scheduled for 7 p.m. Wednesday, May 19 at the Le Roy Village Hall at 3 W. Main St.

Mercy Flight Inc.’s air and ground emergency transport operation has taken a significant financial hit due to COVID-19 and continues to deal with challenges in other areas, including the safety and protection of its first responders and the ongoing effort to fairly compensate these skilled emergency medical technicians and paramedics.

That was the gist of a report by Michael Gugliuzza, the agency’s director of medical operations, at this afternoon’s Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse and via Zoom videoconferencing.

Gugliuzza said program expenses increased by more than $115,000 for personal protective equipment due to COVID-19 while net revenue for the period of July 1, 2019 through June 30, 2020, decreased by $400,000 due to a decline in ambulance calls and the loss of emergency management services standby revenue from Six Flags Darien Lake.

On a positive note, he did say that funds from the CARES Act Paycheck Protection Program and federal stimulus have offset much of the loss.

In Genesee County, Mercy Flight received 143 requests for helicopter ambulance service during that fiscal year, resulting in 76 transports, Gugliuzza said. Fifty-six of the requests were deemed not necessary and 11 were canceled due to poor weather conditions.

He said that a change from Visual Flight Rules to Instrument Flight Rules will enable Mercy Flight to increase its weather-related capabilities.

“We’ve gone from what they call VFR, Visual Flight Rules, to be able to fly IFR or Instrument Flight Rules like the commercial jets and things like that,” he said. “So, this has broadened our capability with inclement weather – to be able to fly through much greater weather events.”

Ground ambulance transport decreased by about 6 percent, he said, with 9,649 calls for service resulting in 7,191 instances of patient contact (transports, lift assists and treatments without transport).

Gugliuzza said the company continues to battle the coronavirus virus from the front lines.

“We’ve worked hard to keep our crews protected,” he said, adding that those who wanted the vaccine were able to be fully vaccinated by mid-January.

He emphasized the importance of keeping staff and patients safe and protected, and thanked Genesee County Emergency Management Services for being “great partners” in meeting the PPE needs.

Gugliuzza said Mercy Flight’s “big challenge coming up now is essentially staffing, manpower and pay rates.”

“It’s a very tough market now between a lot of job openings, people not applying for a lot of jobs, and we’re competing with other industries outside of EMS,” he offered. “Part of that is we’re seeing big shifts in pay rates and those kind of things.”

He said Mercy Flight officials are working with payers (Medicare, Medicaid and others) to try to increase the pay scale. He also urged lawmakers to support first responders “and thus the safety and welfare of their constituents with legislative action when necessary.”

“Many of the fee schedules haven’t been adjusted in years and it really becomes detrimental to not just our agency but to EMS as a whole and other agencies as well,” Gugliuzza said. “We’re going to champion that cause and try to move this ahead in an effort to really make this a better industry for everybody.”

In legislative action, the committee approved an allocation of $12,825 for this year to support Mercy Flight.

Vaccination Process ‘In A Transition’

In a related development, Paul Pettit, public health director for Genesee and Orleans counties, said the vaccination process is in a transition – shutting down the mass vaccination site at Genesee Community College and in Ridgeway, Orleans County as “every county in all of the state sites are really facing a reduction in demand of folks seeking the vaccine.”

“The amount of folks who are getting signed up now doesn’t really need to be in such a large location, so we’re kind of reverting back to a different model,” he said. “We’re taking more of a shift to the health department for a permanent site, so we will be there at least one day a week with walk-ins and/or appointments.”

Pettit said that health department staff is contacting business owners and managers to see if they are interested in on-site vaccinations for their employees and families, and also plan to travel to the various villages for one-day vaccines, either by appointment or walk-in.

“We’ve kind of hit our bulk number, I think, with the people that want it at the moment,” Pettit said. “So, it’s a little harder slogging at the moment and trying to talk to people about the importance of getting vaccinated and what that means to them – but also what opportunities it could afford them, like avoiding quarantine if you’re exposed, being able to go to different events and you wouldn’t have to pay for testing to attend. There’s a lot of different advantages that are out there by getting vaccinated.”

He said Johnson & Johnson (one shot) clinics are scheduled for Wednesday at GCC and at the Office for the Aging, with no appointments required.

“Johnson & Johnson -- one shot and you’re done. Two weeks from now you’ll be fully vaccinated,” he said.

The show must go on.

At least, that’s what officials of the Genesee County Agricultural Society are hoping as they make plans to hold the Genesee County Fair this summer.

Agricultural Society Treasurer Norm Pimm this afternoon expressed optimism as he reported to the Genesee County Legislature’s Human Services Committee, which moments before voted in favor of allocating $11,000 in funding for 4-H judging expenses and 4-H premiums associated with the fair.

The 2021 fair is scheduled for July 24-31. Last year’s event was canceled due to the coronavirus pandemic.

“This year, we’re starting to see (that we’re) still creating a lot of excitement with the youth,” Pimm said. “There are 238 youth members in 4-H in Genesee County, across 23 clubs, and there are another 68 adult volunteers who help out with running those clubs.”

Pimm said fair organizers are awaiting guidance from the state as far as what can be done, including the setup of the midway.

“We’re going to try our best to move forward with the full fair. If not, we plan on definitely doing what we need last year – a scaled-back version with some of the youth shows,” he said.

Pimm said Genesee County will host the largest draft horse show in the state (outside of the NYS Fair in Syracuse) on July 23, the Friday before the official opening of the fair.

The next day will feature the Empire Classic Youth Sheep Show, which attracts participants from surrounding counties as well. Pimm said more than 70 took part in the show in 2020.

Other shows, including open beef and open swine, are set for July 25, with Genesee County 4-H-only shows scheduled throughout the week.

“Obviously, last year was not what we wanted as we had to cancel the fair. As far as we know we had the longest running fair – consecutive fair in New York, 181 years I believe,” Pimm advised. “But we were able to still have some youth shows. We thought it was important because some of the youth start their projects in November, so obviously, the November before last nobody knew what was going to happen.”

Pimm mentioned that the Agricultural Society did not accept county or state money last year due to the cancellation, but is appreciative of this year’s sponsorship.

“We didn’t take county funding last year,” he said. “We thought we would try to help the county out, but we can definitely use it this year and it will be put to really good use.”

Press release:

• Genesee County is reporting 32 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford) 
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
  • Thirty-six of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Four of the current positive individuals are hospitalized.
• Orleans County is reporting 34 new positive cases of COVID-19. 
  • The new positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s and 60s.
  • Forty-two of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.

Bennie Wright, no age provided, is charged with third-degree assault, endangering the welfare of a child, obstructing governmental administration, and resisting arrest. He was arrested at 8:14 p.m. April 27, on Thorpe Street, Batavia. It is alleged that during a domestic incident that Wright struck a female multiple times in front of children playing in the neighborhood, then fled on foot after being told BPD had been called. A male matching his description was observed and when officers attempted to stop Wright, he allegedly tried to evade police by running. A short foot pursuit ensued and Wright allegedly continued to be combative and physically resist arrest. He was arraigned in Batavia City Court and put in Genesee County Jail in lieu of $1 cash bail. Wright was on parole and held in jail on a NYS Parole violation.

Devon Wright (inset photo right), 19, of South Main Street, Batavia, was arrested at 7 p.m. on April 23 on a Batavia City Court Warrant and is charged with second-degree menacing, criminal possession of a weapon in the third degree, and second-degree harassment. He allegedly threatened several individuals in a vehicle with a weapon. Wright was arraigned in Batavia City Court and released. Wright is due back in Batavia City Court on May 13.

Thomas Tacito, 61, of North Spruce Street, Batavia, is charged with disorderly conduct and public lewdness. He was arrested at 6:22 a.m. April 26 after allegedly making obscense gestures and exposing his bare buttocks to a neighbor during a dispute. He was issued an appearance ticket and released. At 4:20 p.m. the next day, April 27, Tacito was arrested and charged with criminal tampering for allegedly taping the car windows and doors of a vehicle owned by another person without their consent. He was issued an appearance ticket and released. He is due in Batavia City Court on May 4 to answer all charges.

Alisia Compton, 37, of Oak Street, Batavia, is charged with second-degree harassment. She was arrested at 5:04 p.m. April 27 after a report of a physical altercation on the front lawn of her residence. It is alleged that Compton subjected another person to unwanted physical contact. She was issued an appearance ticket and released. Compton is due in Batavia City Court May 4.

Erin Connolly, 40, of Oak Street, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 5:04 p.m. April 27 following a report of a physical altercation on the front lawn of her residence. It is alleged that Connolly intentionally damaged a lawn mower belonging to another person. She was issued an appearance ticket and released. She is due in Batavia City Court on May 4.

Marcus Hill, 38, was arrested at 9:45 p.m. April 25 following a traffic stop after Batavia police patrols allegedly observed a trailer being towed without a license plate. Upon further investigation it was learned that Hill was operating while having a revoked NYS non-driver ID with a total of 62 suspensions. Hill is charged with: aggravated unlicensed operation in the first degree; unlicensed operation in the first degree; and having an unregistered trailer.

Scott Graham, 56, of North Spruce Street, Batavia, is charged with: driving while intoxicated and aggravated DWI -- with a BAC of .18 percent or more. He was arrested at 1:51 p.m. April 26 after an investigation into a property damage accident that occurred in the parking lot of an apartment complex. It is alleged that he pulled into the parking lot and struck an unoccupied, legally parked vehicle. He was issued appearance tickets and released.

Melissa Wetmore, 48, of Richmond Avenue, Batavia, is charged with criminal possession of a controlled substance in the seventh degree. Wetmore was arrested at 1:44 a.m. on March 21 after a traffic stop. It is alleged that at the time she possessed cocaine, which a Batavia police reports says was confirmed by the Monroe County Crime Lab. She was released on an appearance ticket and is due in Batavia City Court on May 4.

Randy L. Sharock was arrested for: allegedly driving while intoxicated -- first offense; driving while having a BAC of .08 percent or more; speed unreasonable or imprudent; and failure to maintain lane. Sharock was arrested at 12:42 a.m. on Main Road, Pembroke, April 30, after a property damage auto accident. Sharock was issued appearance tickets and is due in Town of Pembroke Court on May 12. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Sgt. Michael Lute.

Heather Ann Larock, 44, of Summit Street, Batavia, is charged with driving while intoxicated, moving from lane unsafely, and speed not reasonable and prudent. At 1:20 a.m. on May 1, Larock was arrested on Byron Road in the Town of Stafford after the investigation of a motor-vehicle accident. She was released with appearance tickets and is due in Stafford Town Court on June 1. The case was handled by Genesee County Sheriff's Deputy Jordan Alajandro, assisted by Deputy Nicholas Chamoun.

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

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

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

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

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

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

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

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

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

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

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

The Batavian reached out to Rogers and Biscaro for comment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hoffman said more mask breaks would be encouraged.

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

Press release:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The city’s nine parks are as follows:

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

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

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

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

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

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

Photo by Mike Pettinella.