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Le Roy residents Glen Adams and Mike Ciociola, both members of the Genesee County Federation of Sportsman’s Clubs, today threw their support behind a proposed local county law that would allow deer hunting by 12- and 13-year-old licensed hunters with a firearm or crossbow under the supervision of a licensed adult.

Speaking at a meeting of the Genesee County Legislature this afternoon, Adams said, “We’re both here to encourage this body to vote positive on opting into the new state law, for a two-year trial period, for youth 12- and 13-years-old to be able to hunt – with supervision.”

Moments later, lawmakers voted in favor of setting a public hearing for 5:30 p.m. on May 12 on what has been designated as Local Law Introductory No. 1 Year 2021 of the County of Genesee. The public hearing will take place at the Old County Courthouse and via Zoom videoconferencing.

If approved, the law would enable Genesee County to take part in the state’s pilot program permitting 12- and 13-year-olds to hunt deer during season with a crossbow, rifle, shotgun or muzzle loaded firearm through Dec. 31, 2023.

When asked about possible opposition to the law, Adams said the strict supervision component is important to the community of sportsmen and sportswomen.

“That (opposition) is always a possibility but we’ve been pushing for it for a long time through the New York Conservation Council, through our federations – trying to move it to a younger age, but it’s under supervision,” he said. “You’ve got to be within physical restraint of the kid, you’ve got to be on the ground. We see it as a positive thing. I’ve got five boys and I would have loved to been able to take them out earlier than I was.”

Ciociola, who also represents Genesee County on the NYS Fish & Wildlife Management Board, said he didn’t expect the state to approve such a measure in 2021.

“I was very surprised that New York State would actually put it in the bill this year,” he said. “I normally wouldn’t have thought that public opinion would have steered it in that direction. But also, just from the fact that I believe that the education – hunting -- rather than waiting until they’re 14, 16, I think they’ll make for safer hunters … more ethical, better hunters if they start at the age of 12.”

Both men said they believe many parents will capitalize on the opportunity for their sons and daughters to take up the sport.

“Although I’m a father of five boys, I would love seeing the young ladies out there,” Adams said. “I do coach the Le Roy trap team and we have female youth. We’d love to see them out there, also.”

Legislator Christian Yunker said the law is needed at this time.

“This was put into the governor’s budget and we know that we need to get the next generation of hunters involved, and we know that we have a deer management issue,” he said. “And this is going to help us.”

Along those lines, City of Batavia Manager Rachael Tabelski this week said the Batavia Police Department will be selecting a deer program coordinator this year to work with the NYS Department of Environmental Conservation to "implement and executive the (city's) deer management plan. She said the hope is that the program to cull the deer population could be started this fall as long as the City School District continues full in-person learning.

Previous: Proposed county local law permits 12- and 13-year-olds to hunt deer with strict supervision

In other developments, the legislature:

• Approved four capital projects, totaling $225,000, that were accounted for in the 2021 budget: Holland Land Office Museum exterior paint ($15,000); Genesee County Park Interpretive Center moisture protection and siding ($80,000); DeWitt Recreation Area Pavilion No. 2 parking lot ($65,000); and Genesee County Park and Forest water system upgrade ($65,000).

The project will be paid from the county’s 1 percent sales tax revenue.

• Heard from County Manager Matt Landers that today was the final day of “first doses” of the COVID-19 vaccine at Genesee Community College. “Second doses” will be administered at GCC for a few more weeks, and then everything will be moved to County Building II on West Main Street Road.

Calling it a “milestone,” Landers said the operation at the college went “smoothly, effectively and efficiently.” Still, he said he had hoped more people would have been vaccinated at GCC.

Legislature Chair Rochelle Stein thanked the community and volunteers for working “on behalf of the goal” and urged residents to get the vaccine because “it does matter.”

Press release:

• Genesee County reporting 18 new positive cases of COVID-19. (The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.)
  • 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, 40s, 50s and 60s. 
  • Eleven of the previous positive individuals have recovered and have been removed from the isolation list.  

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• Orleans County reporting 21 new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
  • Eight of the new positive individuals were on mandatory quarantine prior to testing positive.
  • Six of the previous positive individuals have recovered and have been removed from the isolation list.
  • Four of the current positive individuals are hospitalized.

Updated, 7:30 p.m., with comments from Henry Wojtaszek, Batavia Downs Gaming:

For more than a year, restaurants, bars, bowling centers and similar establishments have had to operate under strict COVID-19 mandates from New York State, including the stipulation that patrons must purchase food when having an alcoholic beverage.

Well, judging from today’s announcements from Gov. Andrew Cuomo and the state legislature, some of those executive orders are about to become part of history.

State lawmakers reported they are pushing to shelve several of the governor's commands, while Cuomo, himself, also said that the 12 a.m. food and beverage service curfew will be lifted for outdoor dining starting on May 17 and for indoor dining locations starting on May 31.

Local reaction to the news indicates that these restrictions went on too long and were counterproductive.

“Serving food with beverage was a total distraction for customers,” said Kent Ewell, owner of O’Lacy’s Irish Pub, 5 School St., Batavia. “It was a very … again, you bend with the law, but you actually sometimes question it.”

But Ewell said that the imposition of a curfew for dining at midnight really doesn’t pertain to a rural area, such as Genesee County.

“A lot of the stuff that gets taken care of is affecting Downstate more than Upstate. Everything is throughout the state, but in Batavia, most of the guidelines announced do not pertain to anybody,” he said. “How many people do you know go out and get a steak at midnight? When they’re saying dining at midnight, that’s mostly New York City or where people are up later and hours are later – maybe in Buffalo there is some of that.”

Ewell: Finding Workers is Another Issue

Still, Ewell said he is glad to see Cuomo relaxing some things.

“I know that every state is different … obviously, I’ve questioned some things throughout this whole pandemic and hopefully soon we will get back to normal,” he said.

He acknowledged that coronavirus mandates limiting hours of operation and halting indoor dining took a toll on his business.

“We’re open from 11 a.m. to midnight but now we’re closed on Sunday and Monday,” he said, adding that it likely will stay that way due to difficulties finding employees.

“I won’t tell you why they’re not working, that’s my own opinion, but everybody is having trouble hiring people. It’s happening in a lot of industries,” he advised. “We’re still open, but financially it has not been a pleasant ride, let me put it that way.”

Cuomo also revealed the lifting (on May 17) of the 1 a.m. curfew for catered events where attendees have provided proof of vaccination status or a recent negative COVID-19 test result and the end (on May 31) of the curfew for all catered events.

Governor Announces More Changes

Other changes include:

• The resumption of catered events at residences beginning May 3 above the state's residential gathering limit of 10 people indoors and 25 people outdoors, as long as the events are staffed by a professional, licensed caterer, permitted by the respective locality or municipality, and strictly adhere to health and safety guidance, including social and event gathering limits, masks and social distancing.

• The rethinking of dancing among attendees at catered events to be aligned with neighboring states, starting on May 3. This would replace fixed dance zones for each table with social distancing and masks.

• Starting May 3, seating at bars will be allowed in New York City, in line with the food services guidance that is in effect statewide.

Sen. Rath: It's About Time

Sen. Ed Rath, NYS Senate District #61, said the easing of these mandates are long overdue.

“While I am extremely happy for our restaurants that these arbitrary mandates are being repealed, it has taken far too long. It should never have had to come to lawsuits and court hearings for our restaurants to be able to operate,” according to his statement. “The industry has struggled for over a year, at no fault of their own, and the state should be doing everything they can to aid them in their recoveries. Instead, we are seeing the state continue to place unnecessary and cumbersome burdens on our restaurants and bars.”

Rath thanked “our amazing restaurants throughout Upstate who have adapted and continued to serve our communities throughout the pandemic.”

“During such a chaotic and stressful year, for many being able to order their favorite dish from their local restaurant was a much-needed sense of normal,” he said.

NYS Restaurant Leader: A Win for the Industry

On a state level, Melissa Fleischut, president and chief executive officer of the New York State Restaurant Association, issued the following statement:

“We’re encouraged by the news that the state legislature plans to eliminate the burdensome mandate that food be purchased with alcohol. This will singlehandedly boost the bottom line for restaurants and bars all over the state, and many have yet to reopen because of this specific requirement. While this is a win for the industry, and one that the New York State Restaurant Association has been pushing for months, this is just one step. Let’s work together to create a plan that details full reopening.”

Cuomo, in his announcement, warned, “To be clear: we will only be able to maintain this progress if everyone gets the COVID vaccine. It is the weapon that will win the war and we need everyone to take it, otherwise we risk going backward.”

The governor also said that, starting May 15, gyms and fitness centers outside of New York City will increase from 33-percent to 50-percent capacity, casinos and gaming facilities will increase from 25-percent to 50-percent capacity, and offices will go up from 50-percent to 75-percent capacity.

"We are encouraged that things are moving in the right direction since ... we’ve certainly had our struggles with the state’s rules," said Henry Wojtaszek, president of Western Region Off-Track Betting Corp. "We welcome the ability to have more people on the gaming floor. We are actually installing more games in the next few weeks and will continue to adhere to the state’s guidelines on social distancing and our cleaning schedule."

Small-scale solar projects are on hold in the Town of Batavia until municipal officials, working with a paid consulting firm, can find the right ingredients to ensure a fair and effective solar ordinance.

Town Building Inspector Dan Lang took some time out of his busy day Tuesday to update The Batavian on the status of the new code, which he hopes will be drafted and approved over the next few months. In January, the town placed a moratorium on solar farms without establishing an end date.

“We’re putting out bids for a consultant and want to make sure it is the right fit for the town and matches up with our comprehensive plan,” Lang said. “We want to remain solar-friendly but we also want to make sure that we’re putting them in the right areas.”

As is the case with determining real estate values, the phrase “location, location, location” applies in the solar arena, Lang said.

“We have much to review and to sort out, but I can tell you that we’ve been tossing around the idea of incentive zoning for these systems – a tiered approach where you have your best locations, followed by areas that we would allow but would come with more restrictive setbacks and guidelines,” Lang explained. “Then, finally, a third tier where we really don’t want solar on prime farmland but if you’re going to put it here, this would have to be in a specific spot (and likely costlier for the developer).”

Part of the siting process is to identify areas where the transmission power lines have enough capacity to hook into the grid, Lang said.

Thus far, the Town of Batavia has approved five solar projects, all of them active and sitting on parcels of 20 acres or less and generating 2 to 5 megawatts of electricity. Those five are on Bank Street Road (on land owned by Thomas Lichtenthal), on Lewiston Road (two, Call Farms) and on Pearl Street Road (two, Dan Miller).

Five more are at various stages of construction and/or review and are yet to be activated. Those are on West Main Street Road (two, Fred Bowman), on Batavia-Stafford Townline Road (Daniel Underhill), on Galloway Road (Wayne Dunham) and on Ellicott Street Road (Donald Partridge).

Another five are in limbo, Lang said, due to the moratorium and the effort to adopt a new solar ordinance.

Lang said town officials have learned much through the process of approving the five systems, notably that they weren’t up to speed on the amount of buffer and screening needed to hide them from neighbors, and that they would have been better served by limiting the number of utility poles.

That’s where the consultant comes in.

“From experience, we realize we need to reach out and have a consultant come in and tell us some of the better areas for the solar – more or less, what companies will be looking for as far as transmission lines that have the capacity to move electricity from solar farms,” Lang said.

He admitted that it has been difficult keeping up with an industry that is constantly changing.

“For example, we’re finding that we can get away with more underground lines instead of looking at the ugly utility poles,” he said. “No matter what, it continues to evolve and then there is the matter of battery systems and battery storage to deal with. It’s all moving at a rapid pace.”

Lang said the objective is to respect the landowners’ right to put solar on their property while producing cleaner and greener energy in a location that doesn’t negatively impact the surrounding community.

“We realize – and this is a big thing – that supplemental income for the farmer who wants the solar there is important and we encourage that because that’s the highest and best land use value for them,” he said. “And we’re trying to find areas where it’s ‘out of sight, out of mind’ and not intrusive to the neighboring properties.”

Currently, the town requires a decommissioning bond on every project, Lang said.

“If something does go south with it, the system will be removed. It really is a farmland protection. If it is removed five or 10 years from now, you have soil that has been untouched and ready to go again for farming,” he said,

Lang acknowledges that solar projects draw complaints from those who live next to the proposed site.

“We’ve heard them all – they’re an eyesore, they pollute the land and so on,” he said.

When a consultant is selected and a new ordinance is drafted, the plan will be reviewed by county and town planning boards before going to the Town Board, Lang said. Until then, more meetings of a six-person committee that includes Lang will be scheduled and citizens are invited to send their opinions via email to solar@townofbatavia.com.

Other members of the committee are Town Board Member Chad Zambito, Town Planning Board members Paul McCullough and Donald Partridge, citizen representative Nancy Brach and Zoning Board of Appeal Member Brittany Witkop.

• Genesee County reporting 23 new positive cases of COVID-19. The County continues to have IT issues and the hospitalizations will be updated as soon as the issue is fixed, hopefully in the next day.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, LeRoy, Pavilion, Stafford) 
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s. 
• Twenty-eight of the previous positive individuals have recovered and have been removed from the isolation list.  

 

Orleans County reporting 10 new positive cases of COVID-19.  

• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 70s.
• Twenty-one of the previous positive individuals have recovered and have been removed from the isolation list.
• Two of the current positive individuals are hospitalized.

With close to 80 percent of its fundraising goal of $14 million in hand, the principals of the Healthy Living Campus for Downtown Batavia this morning announced the start of a public “community challenge” to bring in an additional $1 million.

“Today, on behalf of the GLOW YMCA, I am excited to announce that we are launching the public phase of the “Transforming Lives” campaign,” said Rob Walker, chief executive officer of the GLOW YMCA. “This campaign will allow the Y to build a Healthy Living Campus in Downtown Batavia, in partnership with Rochester Regional Health’s United Memorial Medical Center.”

The $30 million project, which is a key component of the city’s $10 million Downtown Revitalization Initiative award from New York State, will integrate services provided by the two entities under one extremely large roof. Construction is slated to begin this fall, with completion anticipated for some time in 2023.

The two-story building will cover a distance starting just east of the current YMCA and extending all the way to Wiard Street. Twenty thousand square feet of space will be available for hospital services and 60,000 square feet of space will be utilized by the YMCA.

Walker, during a 30-minute event for local media, said the YMCA “dedicated” volunteers have raised more than $11 million toward our $14 million fundraising goal.

“With us nearing the goal, we are now here to ask the community for support to help us reach our public phase goal of $1 million,” he said. “In addition, we are excited to share a donor match challenge. With the generous support of Peter Zeliff, we have a community challenge to support the new YMCA. Until September 2021, his support will match dollar-for-dollar all new gifts up to $500,000.”

Zeliff: We Need the Y for the Kids

Contacted by telephone this afternoon, Zeliff, chair of the Genesee County Economic Development Center Board of Directors and developer of the Oakwood Estates housing complex on East Main Street Road, said that in his view, it's all about providing opportunities for youth.

"I’ve lived in this area pretty much all of my life. I was born here and raised here, and I really think that this community needs the Y – mainly for kids," he said. "So, kids can have someplace to go and something to do. I believe in that project and I believe it will be good for Batavia and it will be good for Genesee County."

Zeliff said it is remarkable that $11 million has been raised thus far.

"When we started working on the Y project, myself and a bunch of other people thought that was an awful big ask for Genesee County residents to raise $14 million here. But, we’ve already raised over $11 million and that’s pretty amazing," he said.

Walker said that the timing of the project will “ultimately be determined by completion of the capital campaign.”

He then read a list of the planned services, starting with a state-of-the-art wellness center, indoor pool, group exercise studios, and gymnasium with indoor walking/running track.

Other features include a teaching kitchen, indoor playground, youth spaces, living room, and meeting rooms.

Integrated Services Under One Roof

“Our partnership with UMMC will provide primary care, behavioral health/crisis intervention services, telemedicine integration, cancer prevention outreach services, chronic illness services, and education services all in the same facility,” he said, noting that co-located services will include chronic disease management, rehabilitation, mental health, and community education.

“The new Y is for the children, adults, and families in our community. It will be a place for people from all walks of life to come together, gather and improve the quality of life,” he said.

UMMC President Dan Ireland predicted the Healthy Living Campus will be “a dynamic change to Downtown Batavia.”

“A thoughtful process has been undertaken to determine how to bring the right services that will complement each other,” he said. “So, as we look at our primary care center, which will grow and expand from what we offer today at Batavia Primary Care, it will allow more patient access, but also allow our doctors, our nurses, our resident physicians to leverage the work with the Y and integrate wellness and fitness into the regimens they use to care for patients.

“It’s a perfect match as we try to look holistically at people’s health to be able to then to work with Rob’s team to create ways and pathways for people to continue their journey to a healthier lifestyle.”

Ireland said an emphasis will be on cancer screenings, diabetic care, healthy eating, and education.

“There are a lot of ways to bring that all together, inclusive of our Baby Café, which will help breastfeeding moms – maybe the first time or subsequent times as they’re trying to work through the struggles that some people experience with breastfeeding, as well as leveraging from the childcare services that the YMCA offers for patients who are coming for visits at the hospital,” he explained.

Project Rep: Going for That Urban Feel

David Ciurzynski, design consultant and representative for both organizations, spoke about the look of the building prior to the fundraising appeal.

“We’re trying to bring in elements of the brick and the glass,” he said. “The brick is going to highlight the brick buildings and brick facades that we currently have on Main Street, Batavia – playing homage to the Seymour Building (GO ART! headquarters), which is a historic building. And then we have the glass and the panels, trying to mix of materials that give that urban feel – that modern, bright, fresh look that we want to achieve.”

Ciurzynski also reported on the last week’s initial site plan review by the City of Batavia Planning and Development Committee, stating the purpose was to help the PDC understand the status of the design process and to gain insight from the committee members.

“We are encouraged by their thoughtful questions and comments, such as the desire to enhance the project from Main Street,” he said. “We are working with the design team at CPL (Clark Patterson Lee) to develop concepts that enhance the entrance and Main Street courtyard. It is our hope that weather permitting, this courtyard can be utilized as an extension of our indoor program and activities.”

Board Director: A Transformative Build

Paul Marchese, chair of the Genesee Area YMCA Board of Directors, said he sees the campus as “the most transformative and impactive build in my history – and I’ve been living here all of my life.”

“I’m happy to support this project, which will significantly change Downtown. It is one of many investments that are going to reinvigorate Downtown. We think that our membership will significantly increase in factors. It is an amazing structure,” he said.

Walker said the YMCA was last renovated in 1975, He said he expects Downtown activity to triple once the campus is complete.

Plans call for the current YMCA to stay open until the new building is finished, meaning that there will be no disruption in services.

Others on hand for the announcement were Christopher White, chair of the GLOW YMCA Board of Directors; Paul Battaglia, capital campaign chair; and John Riter, capital campaign cochair.

Photo at top: Rob Walker addresses the media this morning. Middle: Walker and David Ciurzynski; Bottom: Dan Ireland and Walker. Photos by Mike Pettinella.

The implementation of New York’s recently passed legislation allowing the recreational use of marijuana for residents 21 and over is a year or two away, but the Batavia City Council believes it’s not too soon to gather as much information as possible and to gauge the pulse of its citizens.

At their Conference Meeting tonight at City Hall, Council members and City Attorney George Van Nest engaged in a 33-minute back-and-forth discussion about the new state law, officially known as the Marijuana Regulation and Taxation Act.

Council Member Robert Bialkowski asked to have the topic placed on the agenda and Batavian Sammy DiSalvo, during the public comments portion of the meeting, said he wanted to know if the board has taken a position – either for it or against it.

“With the passage of the MRTA about three or four weeks ago, municipalities have until December 31^st of this year to opt out of allowing – I think it’s either the sale or places to pop up to either use drugs, specifically pot, in a recreational kind of way,” DiSalvo said. “Is the city leaning toward banning all of that? Because you can opt out up until December 31^st -- after December 31^st you can no longer opt out, but can opt back in.”

Van Nest concurred with that assessment, adding that municipalities can opt out “through a local law adoption” and they have to do so before the end of 2021.

“If that local law is filed, basically it doesn’t become effective for 45 days, giving the public to file a referendum or a petition seeking to have that question brought before the voters,” he said. “So, essentially what is required is a trigger of 10 percent of the electorate – the voters for the last electorate, rather – and then, if a sufficient petition is filed with sufficient numbers, the question of whether or not the opt out would go before the public in a subsequent election.”

Bialkowski kicked off the discussion, inquiring about the effects of secondhand smoke from marijuana on children. That prompted Council President Eugene Jankowski Jr. to point out that, like cigarettes, marijuana use would not be allowed at city parks. But, under the new law, adults would be free to smoke cannabis in their homes and on a public street.

Jankowski said he learned from a webinar with the New York Conference of Mayors that businesses would be limited to being either a grower, seller or an on-premise place of consumption. He added that the state has set up a Cannabis Control Board, a five-member group that will be working with an advisory committee to create the Office of Cannabis Management.

According to published reports, the CCB is expected to be in place within a few months, and will get the process rolling for the granting of licenses to dealers and formulating rules and regulations.

After Council Member Al McGinnis said that federal laws on marijuana will supersede state laws, specifically mentioning federally operated housing and the inability to purchase a gun, Jankowski said he thought it would be wise to wait until regulations are adopted and then for Council to direct City Manager Rachael Tabelski to “get involved in the code enforcement planning process.”

Jankowski said he believed the city would be limited in what it could do, other than define the location of a dispensary and possibly the hours of operation. He said he liked the idea that the law adds to the control, regulation and safety aspects of marijuana, which would stop juveniles from getting their hands on it.

He also indicated that he was keen about the fact that municipalities with a dispensary will receive 3 percent of a 13-percent excise tax on marijuana sales.

Jankowski’s contention was that if Batavia was to opt out, a dispensary could be set up just outside the city limits and the city would miss out on revenue that could go toward increased police patrols or other measures to mitigate any negative effects of legalized pot smoking.

Council Member Rose Mary Christian wasn’t buying that reasoning, however. She said that it’s “absolutely correct that it (marijuana) is already out there” and the law was passed only because the state needs the money.

“They really don’t give a damn about kids or adults, and the fact that they would be loaded all the time and cause accidents like they are in the state of Colorado,” she said, calling for Council to opt out as soon as possible.

Van Nest then weighed in, noting that while the use is authorized at this point, the actual sales likely won’t happen until 2022 or 2023 as it will take that long to set up the regulating agencies and parameters concerning consumption, growing and sales. The attorney also said that cannabis will be treated in the same manner as cigarettes and vaping when it comes to secondhand smoke.

“Relative to the zoning issue, it’s going to be up to the municipalities whether or not they want to regulate time, place and manner,” he said.

Jankowski said he was advised that people will not be able to grow marijuana plants until all the regulations are in force.

“I think a lot of people are thinking, ‘Hey, in a couple of months I’ll have my own supply – it’s legal now.' But technically, they’re not allowed to grow it because if you grow it and give it away … it becomes a violation …,” he said.

The council president then asked his colleagues how they felt about opting out.

Christian said she was in favor of that, while Bialkowski brought up the possibility of a public hearing to get residents’ opinions. Van Nest said no to a public hearing but stated that a public information meeting would be in order.

After Jankowski said an opt out wouldn’t really solve anything because people could purchase marijuana and transport it back to the city, Christian said she wasn’t worried about other areas, just the kids in Batavia.

Jankowski said it wasn’t his responsibility to tell adults how to live their lives before Bialkowski suggested having someone from the outside – a professional – come to a Council meeting to educate the board members.

Again, on the opt out, Jankowski said, “I personally think it’s a waste of time and we’re cutting ourselves short by not at least regulating it and keeping an eye on it, and keeping it close so we can pay attention to what’s going on. If we have a problem, then at least we have some money (from the excise tax) to compensate for that problem."

Council members Patti Pacino and Kathleen Briggs said they would support “an expert” coming in to advise them about the provisions of the law, leading Jankowski to say he didn’t want to have 500 people at a meeting with half against it and half for it, “and not really resolving anything.”

Council Member John Canale compared the situation to that of alcohol sales, concluding that opting out won’t accomplish much by disallowing sales in the city because people will “walk in and buy it (pot) and walk out with a bag in their hand.”

Canale then suggested getting public input, asking residents to contact their councilperson with their thoughts on the matter. He added that he didn’t think there will be much of an outcry either way.

In the end, Jankowski said the issue would be “tabled for now” and reconsidered when Council hears more from the state. He then asked Tabelski to keep Council informed as new developments occur, once again mentioning that the city would receive 3 percent of the excise tax generated by cannabis sales.

New York State officials are indicating that marijuana sales are expected to generate $350 million in revenue to the state per year, and around 50,000 jobs will be created.

Previously: Marijuana use debate takes new twist now that NYS has legalized recreational use for adults

During a Special Business Meeting after the Conference Meeting, City Council passed resolutions, as follows:

• Hiring of a police officer and two firefighters and funding special police details after learning that an additional $262,656 was coming to the city in state Aid and Incentives for Municipalities’ funding. Tabelski noted “the stability of AIM money” in her recommendation to unfreeze these positions, which were left vacant during budget deliberations.

• Contracting with Keeler Construction Co. Inc., of Albion, to replace an old and inefficient air header – a key component for providing oxygen back into the ponds to digest waste at the wastewater treatment plant. The amount of the contract is $777,425. The air header replacement is part of a $1 million wastewater treatment plant project.

• Applying for a grant for $328,000 from the Northern Border Regional Commission, which would cover 80 percent of the cost to upgrade water lines on Bank Street between Main Street and Washington Avenue in support of future development projects as well as improving water pressure for fire suppression. The City would be responsible for 20 percent – or $82,000 – of the project’s total cost.

Press release:

OurBus announced today a new cooperation with family-owned transportation company Niagara Scenic Tours to offer daily intercity bus service linking Batavia with seven cities in New York and one in Pennsylvania. The route goes through Niagara Falls, Buffalo, Batavia, Geneseo, Corning, Elmira, and in Pennsylvania -- Sayre, en route to New York City, starting May 12.

Also, passengers can make connections to points all across New York and New Jersey with stops at the Greater Binghamton Transportation Center in Binghamton and Bridge Plaza in Fort Lee, N.J. 

OurBus’ technology and service empowers bus companies and local communities alike to increase regional transportation options, connecting people to jobs, medical appointments, and education in larger cities.

Niagara Scenic Tours’ high-end, charter-style motorcoaches will be used on the route, equipped with wifi, power outlets, and overhead storage. Passengers can book rides instantly, track the bus in real time, and rest assured with the best customer service in the industry, as reflected in OurBus’ 4.4/5 star rating from more than 8,000 riders. 

“OurBus believes that movement is essential to human nature. And as people get vaccinated, they can finally travel to see their friends and family,” commented OurBus cofounder Axel Hellman. “This route will help people see those familiar faces as well as get back to work and school.”

Tickets are sold on OurBus.com or on the OurBus App, eliminating the hassles of buying paper tickets. OurBus rides can be cancelled or rescheduled without fees. Fares to New York start at $45, and vary based on demand. Rates for shorter trips to points within Western New York are as little as $7.

Starting May 12, buses to New York City depart daily from the Citgo station on Park Road in Batavia at 7:30 a.m.

“Our company has been serving the region for over 45 years with our charter and tour services," said Niagara Scenic Tours’ Vice President Hadley Bos-Fisher. "We are thrilled to offer a daily, express bus route to meet the transportation needs of our community.”

CDC guidelines for travel are in place, including enhanced cleaning procedures. Hand sanitizer is available on the bus, and passengers must wear a mask covering the mouth and nose at all times. 

About OurBus

Rally and OurBus together represent the leading marketplace for regional travel in the United States. Founded in 2016, OurBus has a network of intercity services that connect 100+ locations. With their customer-first approach they disrupt the legacy incumbent companies and grow the intercity transportation market.

Search schedules and buy tickets at ourbus.com or the app. OurBus does not own or operate any buses, and employs no drivers or mechanics. Access brand guidelines, logos and media files here.

NIAGARA SCENIC TOURS, a locally owned and operated business, offers the personal touch that differentiates us from the competition. We have been serving the Western New York community and beyond for more than 45 years. Today, the company services transportation and travel needs throughout the greater Western New York area including the Greater Buffalo/Niagara region, Greater Rochester area, as well as Olean and Southern Tier New York State and Northwest Pennsylvania.

From the Village of Le Roy Police Department:

Jared S. McDonald, 27, of South Street Road, Pavilion, was arrested by the Le Roy Police Department on April 23, following the execution of a Search Warrant.

McDonald was charged with grand larceny in the second degree, a Class C felony, and coercion in the first degree, a Class D Felony.

As a result of the Search Warrant, McDonald is also facing several from the Genesee County Drug Task Force, including: multiple counts of criminal possession of a controlled substance with the intent to sell in the fifth degree; criminal possession of a controlled substance in the in the seventh degree; criminal possession of an assault weapon in the third degree; criminal possession of a weapon in the third degree; and criminal possession of a weapon in the fourth degree.

On April 19 the Le Roy Police Department received a complaint of property taken by means of extortion on April 14. It is alleged that the defendant placed the victim in fear of physical injury if the victim did not sign various items of property over to him. 

During the investigation, it was allegedly discovered that the stolen property was still in McDonald’s possession at his residence in Pavilion. Further investigation led officers to believe that McDonald was selling controlled substances out of his residence and was also in possession of firearms.

A Search Warrant was executed on April 23 at McDonald’s residence, due to items McDonald was believed to be possession of. The Le Roy Police Department was assisted by the New York State Police Special Operations Response Team, members of the Genesee County Drug Task Force, and members of the New York State Police Community Narcotics Enforcement Team.

McDonald was found to allegedly be in possession of a quantity suspected methamphetamine, psilocybin mushrooms ('shrooms), lysergic acid diethylamide (LSD), other controlled substances, drug paraphernalia, firearms, and the property that was previously reported taken from the victim.

Some of the offenses McDonald was charged with did qualify for prearraignment detention under the NYS Justice Reform Act. The District Attorney’s Office was contacted for a bail recommendation due to the level of the offenses. It was advised that McDonald should be jailed on $2,500 cash bail, $5,000 bond, or $20,000 partially secured bond.

McDonald was arraigned in court (unspecified) by Justice Randy Baker then released under supervision of Genesee Justice. He is to return to court on June 16 to answer to the charges.

Charles Tomaszewski, 58, (inset photo right) no address provided, was arrested at 1 a.m. on April 15 on Redfield Parkway, Batavia, following an investigation into a domestic incident. Tomaszewski is charged with unlawful imprisonment in the second degree; first-degree sexual abuse; and second-degree harassment. He was virtually arraigned in Batavia City Court and released on his own recognizance. He is scheduled to appear in Batavia City Court on May 27.

Edward R. Freida, 49, (inset photo left) no address provided, was arrested at 3:15 p.m. April 18 on Pringle Avenue, Batavia, following a domestic incident during which he allegedly struck, then strangled a woman, causing her to lose consciousness. He then allegedly broke her cell phone after forcefully taking it from her. Freida is charged with: second-degree harassment; fourth-degree criminal mischief; second-degree strangulation; and third-degree robbery. He was virtually arraigned in Batavia City Court and put in Genesee County Jail in lieu of $10,000 cash bail, $20,000 bond, or $40,000 partially secured bond. Freida is scheduled to reappear in Batavia City Court on May 20.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal obstruction of breathing and third-degree assault. At 7:30 p.m. on April 23 Sheriff's deputies were dispatched to a residence on East Main Street in Byron for a domestic incident. Zon was arrested and arraigned in Genesee County Court, where an order of protection was issued to the victim. Zon was released on his own recognizance and is due in Byron Town Court on June 16.

Olivia Carolan Delorme, 18, of Cockram Road, Byron, is charged with fourth-degree criminal mischief. She was arrested at 4:25 p.m. on April 23 on Cockram Road following a domestic incident. She was issued an appearance ticket and is due in Byron Town Court on June 7. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig.

Joseph Michael Augastino, 31, of Mann Road, Akron, is charged with trespassing. At 5:37 p.m. on May 18 Genesee County Sheriff's deputies responded to an address in the Town of Batavia for a domestic incident. Augastino allegedly remained in the property after being told multiple times to leave. He was issued an appearance ticket and is due in Town of Batavia Court on May 18. The case was handled by Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

Adam Bart Thomas, no age provided, of South Main Street, Batavia, is charged with criminal mischief in the fourth degree and disorderly conduct. At 12:11 a.m. on April 24, Thomas was arrested after he allegedly damaged property in a reckless manner at a hotel on Federal Drive in Batavia. He was released with an appearance ticket to be in Town of Batavia Court on May 13. The case was handled by Batavia Police Officer David Moore, assisted by Sgt. Michael Lute.

Richard Burdick, 43, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which drug narcotics were allegedly located in his vehicle. He is charged with criminal possession of a controlled substance in the seventh degree. Burdick was issued an appearance ticket and released.

Christopher Weigman, 32, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which he was allegedly found to possess a controlled substance. He is charged with criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument. He was issued an appearance ticket and released.

Lisa Fox, 49, no address provided, was arrested at 10:13 a.m. April 14 on East Avenue in Batavia during a traffic stop in which she was allegedly found to possess a controlled substance and a hypodermic instrument. She is charged with criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument. She was issued an appearance ticket and released.

Dawn Lockwood, 51, no address provided, was arrested at 3:30 p.m. April 15 on Main Street in Batavia after she allegedly took money from another person under false pretenses and refused to return it. She is charged with petit larceny. Lockwood was released on an appearance ticket returnable to Batavia City Court on May 4.

Michael Lytle, no age or address provided, was arrested at 8:45 p.m. April 18 in Batavia after it was reported that "he was kicked out of a local bar, then began being demonstrative in the parking lot, briefly leaving in a vehicle then returning." During an investigation, it was determined that Lytle was allegedly operating a motor vehicle while under the influence of alcohol. He is charged with driving while intoxicated and driving with a BAC of .08 percent or more. Lytle was issued traffic tickets then released. He is due in Batavia City Court on July 20.

Andrew William Taylor, 33, of Oak Orchard Road, Medina, is charged with petit larceny and criminal mischief. At 5 p.m. on April 21, Sheriff's deputies were dispatched to Walmart for a larceny complaint. It is alleged that Taylor stole and damaged merchandise belonging to Walmart. He was issued an appearance ticket and released. He is due in Batavia Town Court on June 15. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Kyle Krzemien.

Owners of Quicklee’s Convenience Stores have their eyes on the former site of the Bob Evans Restaurant at 204 Oak St. for a convenience store with a retail fuel station.

The City of Batavia Planning & Development Committee last week reviewed the sketch plan submitted by Patricia Bittar, director of land development projects for Quicklee’s, which has about two dozen stores/retail fuel locations – mostly in Livingston and Monroe counties.

“Right now, the site plan looks favorable. It fits really nice there, you know, with the Thruway exiting,” PDC Chair Duane Preston said.

According to a letter from Bittar to City Code Enforcement Officer Doug Randall, the proposed project involves converting the existing 3,771 square-foot building into two sections: 2,700-plus square feet for the convenience store and the remaining 1,000-plus square feet for a “quick service restaurant partner with a drive-thru window.”

Additional aspects of the site modification plan are as follows:

• The 12-foot wide drive-thru lane will be situated along the east and north building walls, with a 13-foot wide escape lane adjacent to it;

• The fueling area will be placed south of the existing structure, and will feature four fuel pumps under a 48-foot by 48-foot canopy;

• Some of the existing concrete curb and asphalt pavement will be removed, and will be relocated on the site;

• The existing curb cut onto Noonan Drive and the access drive along the east edge of the site will be maintained, while a right-out only curb cut, 12 feet in width, is proposed along the west edge of the site, connecting to Oak Street (Route 98);

• Parking spaces would be reduced from 57 to 40, with sections of the existing parking area to be converted to green space. The company would need an area variance due to the fact that 68 parking spaces are required in that amount of space.

• The existing site lighting on the building and in the parking area will be maintained, and lights will be added to the fuel pumps’ canopy.

Preston said the PDC is not thrilled about the right turn only idea onto Oak Street, so close to the Thruway on-ramp.

“We had a couple concerns about an exit onto the (New York State) DOT (Department of Transportation) area going into the Thruway,” he said. “Obviously, we’re not in favor of that because if a car … gets in the wrong lane and exits to the right, they’re right in the Thruway entrance and then, you would foresee a situation where someone might turn to do a U-turn and get into an accident.”

He said he did like that the location has only four gas pumps and a drive-thru “for some fast food for people (coming) off the Thruway.”

A second area variance would be required since the store is located within 500 feet of a public entrance to a church (Emmanuel Baptist at 190 Oak St.).

The district is zoned Commercial, so the convenience store/gas station would be an acceptable use.

According to Quicklee’s website, the corporation has been owned and operated by the Bruckel family of Avon since 1995, with its business plan focused on combination stores featuring fast food, car washes and fuel stations.

One of its most recent stores is a travel center off of I-390 South, featuring a fully stocked convenience store, car wash, Dunkin’ Donuts and Calabresella's New York Style Deli, along with a truck stop equipped with a diesel mechanic shop, overnight parking, showers and laundry.

Press release:

Congressman Chris Jacobs (NY-27) honored student artists and announced the winners of the NY-27 Congressional Art Competition at a reception this morning in Batavia.

“Students from around the district submitted pieces of artwork for this competition; we clearly have some incredibly talented young adults in Western New York,” Jacobs said.

“I want to thank all of our teachers and parents who helped our participants create and submit their work, and most importantly, I want to congratulate all of our contestants for their hard work, dedication, and impressive pieces. I look forward to this becoming a tradition we celebrate every year.”

The Congressional Art Competition was first created under a different name in 1982 and is sponsored by the Congressional Institute. In NY-27, three winners were selected, their pieces will be displayed as follows:

• The First Place piece will be hung in the U.S. Capitol for all representatives and staff, and the winner will also be flown down to Washington, D.C.
• The Second Place piece will be hung in Rep. Jacobs’ Washington, D.C., Office.
• The Third Place piece will be hung in Rep. Jacobs’ Clarence District Office.

Pieces are judged and given their awards by an independent panel of judges. The winners for the 2021 NY-27 Congressional Art Competition are:

• First Place: "A New Chapter" by Isabella Houseknecht from Batavia (colored pencil).
• Second Place: Self Portrait by Molly Regan from Holland (charcoal).
• Third Place: "Creation of Bee-dam" by Madison Dugan from Albion (acrylic paint).
• Honorable Mention: Self-Portrait by Amaya Cleveland from Medina (handpainted negative-digitalized and painted on photo paper).

“Congratulations to our winners. I look forward to hanging these pieces in each of my offices and having a constant reminder of the exceptional talent in our district,” Jacobs said.

Photos by Howard Owens.

Molly Regan, second place, with Jacobs. First-place winner Isabella Houseknecht and her family were unable to attend the event.

Isabella Houseknecht's first-place drawing.

Second Place

Third Place

The Genesee Region bowling and business communities proved that they had plenty to “spare” when it came time to support a Batavia woman suffering from Stage III cervical cancer.

Forty-eight three-person teams gathered this afternoon over two shifts to participate in a no-tap (nine or 10 pins on the first ball equals a strike) handicap tournament at Mancuso Bowling Center.

And even before the last ball was thrown, tournament workers announced that $7,810 had been raised – money that will go toward mounting medical expenses for Tanya Harmon, 41, who has been undergoing chemotherapy and radiation treatments.

“There’s not much to say other than a heartfelt, ‘Thank you,’ to everyone who participated and donated,” said Ed Doody, who along with Geoff Harloff organized the fundraiser for Harmon, a mother of two teenage sons who is on disability from her job at Angelica Textile Services Inc.

Doody was in charge of soliciting donations from local businesses and some outside of Genesee County -- close to 100 baskets, gift certificates and other prizes were spread across several tables – while Harloff, Mark and Penny Brown, Kim Starken, Heather Johnson, Dan Cone, Rich Underhill Sr., Mady Underhill and Susan Harloff helped out with various aspects of the event. Doody also said he accepted individual cash donations as well.

Doody and Harloff are good friends with Harmon and her boyfriend, Dan Campbell.

When the monetary figure was announced, Harmon broke down in tears as she received hugs from her friends and her mother, Sheila Meyer (photo above left).

The $7,810 later increased to $8,110 after Doody reported that one of the teams donated its winnings.

On the lanes, the team of Chase Cone, Phil Young and Rich Wagner captured the $750 first prize with a score of 2,623 with handicap.

Seven other teams earned prize money:

Second Place – Sam Oddo, Matt Baker, Alex Morris / 2,454, $400;

Third Place – Josh Elliott, Carley King, Tom Baker / 2,429, $300;

Fourth Place – Kyle Johnson, Gregg Wolff, Mike Johnson / 2,422, $230;

Fifth Place – Mark Brown, Traci Spanitz, Rob Gustke / 2,385, $220;

Sixth Place – Fred Gravanda, Rick Saunders, Mike Pettinella / 2,372, $210;

Seventh Place – Brady Weber, Brian Weber, Chris Bardol / 2,341, $200;

Eighth Place – Matt Nolan, Teagan Miller, Paul Baney / 2,311, $180.

From left, Devin Harmon, Tanya's son; Dan Campbell; Ed Doody, Tanya Harmon; Mark Brown and Geoff Harloff at today's benefit no-tap bowling tournament at Mancuso Bowling Center. Photos by Mike Pettinella.

Previously: Bowlers 'roll' up their sleeves to support Batavia woman diagnosed with cervical cancer

As school-aged children starting spending more time at school with other children, get involved in more activities, both structured and socially, it's important that parents continue to safeguard their families and their communities by ensuring CDC guidelines are followed.

Social distancing, mask-wearing, and keeping symptomatic children home are all key parts of slowing the spread of COVID-19, said Dr. Steven Schulz, pediatric medical director for Rochester Regional Health, in a conference call this morning with reporters.

"I think the biggest thing is looking at your situation from a community approach and wanting to make sure everybody in your child's class is maintaining health and the community as well," Schulz said.

"That involves following the rules that have been, again, set forward through the CDC and Department of Health. And so wearing those masks is important.

"Keeping your kid home from school, if they have any potential illness symptoms and having them evaluated is important; filling out those daily assessments to make sure your kid is safe to go to school and working with them and talking with them about the importance of continued masking, especially outside of school when they might be getting together with friends, whether that's in a school sport or just on their own.

"That's the area where we can see the spread. And it's important that they're continuing to mask and keep social distancing even in those social settings."

Children, Schulz noted, who catch COVID-19, have a high likelihood of being an asymptomatic spreader of the disease, which is why it is important they abide by the protocols. They can feel fine and still be spreading a deadly virus.

Children who are symptomatic should definitely stay home, Schulz said.

"I completely agree with erring on the side of caution in this case," Schulz said. "The (symptoms) that we worry the most about are fever, sustained headaches that are unusual for your child, loss of taste or smell, or especially if they have any symptom and have had exposure recently to somebody with COVID, they should definitely stay home. Other symptoms that can go along with it are runny nose, cough, nausea, vomiting, diarrhea, decreased appetite, abdominal pain."

Because there are symptoms that overlap with season allergies and other illnesses, parents should consult with a doctor and get the child tested with a negative result before letting asymptomatic child leave the house.

This is especially important at a time when there is a greater spread of a COVID-19 variant that, while no more dangerous, does infect people more easily. That variant now accounts for 60 percent of the cases locally, the doctor said. 

Schulz's message comes alongside news that nationally 20 percent of the new, identified COVID cases are now among children, the highest percentage yet.

Updated, April 24, 9 a.m., with comments from City Manager Rachael Tabelski:

--------------

The City of Batavia is “AIM-ing” to fortify its public safety personnel roster.

City Manager Rachael Tabelski, in a memo to City Council dated April 16, is proposing the restoration of a police officer and two firefighters to the 2021-22 budget and the funding of overtime for the Neighborhood Enforcement Team and community policing special details.

This action is possible, she wrote, as a result of New York State passing a budget that includes the full amount of Aid and Incentives for Municipalities’ funding to the city. The city now will receive $1,750,975 in AIM money -- $262,656 more than it had budgeted.

"These vacant positions are now able to be hired if City Council approves the budget amendment," Tabelski said. "AIM aid is an annual reoccurring revenue, and was only adjusted down by the state because of COVID. Once restored in the final state budget, I am comfortable using it to restore positions."

She added that the city workforce would still be short one police officer, one firefighter and one laborer position even after these other three posts are restored.

As far as the overtime funding, Tabelski said, NET and community policing are "special overtime police details normally funded each year via the city budget, but were cut due to COVID revenue challenges."  

"These details include increased neighborhood and community patrols, and community engagement assignments," she said.

Tabelski will be recommending that Council amend the city’s budget to account for the additional funds, allocated as follows:

Police Salary -- $66,464;
Police State Retirement -- $12,033;
Police Social Security -- $6,503;
Fire Salary -- $124,197;
Fire State Retirement -- $23,563;
Fire Social Security -- $12,240;
Police NET Salary -- $7,070;
Police NET Social Security -- $586;
Community Policing Salary -- $9,235;
Community Policing Social Security -- $765.

This proposal is on the agenda of Monday night’s Conference Meeting and, if forwarded, to a Special Business Meeting afterward. The Conference Meeting is scheduled for 7 o’clock at the City Hall Council Board Room.

Other items on the Conference Meeting agenda:

• Superintendent of Maintenance Ray Tourt will report that bids solicited for a contractor to replace a portion of the City Centre roof will be opened at 10 a.m. on April 29.

In a memo to Tabelski dated March 30, Tourt said the project will involve work not included in the Phase 1 roof replacement – the hallway nearest Dan’s Tire & Auto, the west side loading dock and the utility area. The entranceways (silos) will be part of a future project.

• Tourt also advised that AJ’s Tree Service of East Amherst submitted the low bid for annual trimming and removal of city trees as budgeted in the 2021-22 city budget. The contract expires on March 31 but can be extended for up to two years if both parties agree.

The amount of AJ’s Tree Service’s bid was not disclosed in the memo.

The Special Business Meeting agenda includes:

• A resolution to award a contract to Keeler Construction Co. Inc., of Albion, to replace an aging and inefficient air header at the wastewater treatment plant.

Keeler’s bid of $777,425 was considerably less than the next lowest bidder, Village Construction Co., of Victor, which submitted a bid of $1,263,175.

In a memo to Tabelski dated April 19, Tourt wrote that the project will cost an additional $854,000 for engineering work.

As previously reported on The Batavian, the air header is operating at 20 percent of capacity, forcing city officials to move up the timetable to get it replaced. The air header is essential to providing oxygen back into the ponds to digest waste.

Replacement of the air header is part of a $1 million wastewater treatment plant project.

-------------

Monday’s meetings are open to the public with appropriate facemasks, social distancing and temperature screening upon arrival.

Options for viewing the meeting include streamed LIVE on Facebook: https://www.facebook.com/bataviany/ or Spectrum Channel 1301 at 9 a.m. April 28 and 8 p.m. April 30.

Press release:

• Genesee County reporting 21 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. 
• Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.  
• Seven of the current positive individuals are hospitalized. 
• We are saddened to report the loss of one community resident. The individual was under 65. We do not provide any further information to protect the privacy of the individuals and their families. Our deepest condolences to the families and friends during this very difficult time.

 

Orleans County reporting 16 new positive cases of COVID-19.  

• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 20s, 30s, 40s, and 50s.
• Eleven of the previous positive individuals have recovered and have been removed from the isolation list.
• Six of the new positive individuals were previously on quarantine prior to testing positive.
• Four of the current positive individuals are hospitalized.

Three new orders in the bankruptcy case of Michael Tomaszewski put 19 more of his victims at the front of the line -- at least as far as the bankruptcy proceeding goes -- for getting at least some of their money back from his scheme to divert funeral deposits to his own expenditures.

Tomaszewski was arrested last summer on more than 200 charges stemming from complaints that he mishandled deposits, known as prearrangement fees, for funerals and defrauded victims out of more than $500,000 in total.

Earlier this month, he entered a guilty plea to grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial and is facing a possible prison term as a result.

Separately, in February 2020 he filed for bankruptcy in Federal Court. He listed $1,094,346 in assets against $3,242,390 in liabilities. 

As part of his plea deal, he agreed to pay restitution to his victims. The exact amount of restitution has yet to be determined but it was revealed during his last court appearance that he has already reimbursed some of his victims.

The amounts owed to victims listed in the three recent orders are:

• $1,950
• $1,950
• $4,400
• $4,400
• $7,063.62
• $11,000
• $11,000
• $2,000
• $4,000
• $5,300
• $5,300
• $15,500
• $15,500
• $8,750
• $9,480
• $2,950
• $2,950
• $2,950
• $2,950

Many of the victims are married couples with each person having a separate claim for their individual deposits.

Under federal bankruptcy law, any money gained through fraud is a debt that is not dischargeable through Chapter 7 and victims receive priority for repayment for the first $3,025 owed to them.

For previous coverage of the Tomaszewski case, click here.

Edward G. Ruckdeschel, 58, of Marcy, Oneida County, is charged with: third-degree burglary and four counts of third-degree grand larceny, all Class D felonies; and three counts of fourth-degree grand larceny, a Class E felony.

His arrest was announced today after an investigation that began last July into stolen vehicles in Genesee County.

Ruckdeschel is currently incarcerated in a NYS prison, following his conviction in previous stolen vehicle cases in Genesee County and his sentencing for the crimes on Aug. 10.

Following his conviction last summer, Ruckdeschel was arrested on suspicion of stealing two more vehicles on Aug. 10 and Aug. 11 and those two grand larceny charges remain pending in Genesee County Court.

Altogether there are ongoing investigations concerning seven stolen vehicles. Ruckduschel was arraigned in town courts in Batavia, Pembroke, Stafford, Le Roy and Bergen. He is due to appear in county court on all charges May 4.

The case was investigated by Genesee County Sheriff's Office investigators Joseph D. Loftus and Kevin P. Forsyth.

Paul K. Kellner Jr., 53, of Wescott Avenue, Alden, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; speed not reasonable and prudent; and consumption of alcohol in a motor vehicle. Kellner was arrested after a motor-vehicle collision at 9:59 p.m. April 21 on Genesee Street in Darien. He was released on an appearance ticket and is due in Town of Darien Court on June 1. The case was handled by Genesee County Sheriff's Deputy Kyle Tower, assisted by Deputy Kyle Krzemien.

Rosemary Renee Waters, 35, of East Main Street, Batavia, is charged with: four counts of criminal possession of a controlled substance in the seventh degree; and third-degree aggravated unlicensed operation. Waters was arrested at 1:39 a.m. today, April 23, following a traffic stop for an alleged traffic violation on Vine Street in Batavia. During the investigation it was allegedly found that Waters was operating the vehicle while her driver's license was suspended. She is accused of having four different types of controlled substances in her possession at the time. She was issued appearance tickets, then released from custody. She is due in Batavia City Court on May 11. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Nicholas Chamoun.

Press release:

The Genesee County Sheriff’s Office is conducting a criminal investigation concerning a larceny report received on April 21.

The victim was contacted via phone by an unknown person who reported themselves to be a relative and indicated that they were under arrest by law enforcement and in need of money for bail. Under this pretense, the victim agreed to pay the bail money, and arrangements were made for the exchange of monetary funds for bail.

The suspect told the victim that they would be sending a courier to the victim’s home to pick up the money. Shortly following the phone conversation, a subject arrived at the victim’s residence under the ruse of being a courier for the family member’s attorney, and an exchange of cash was made.

A second phone call was then made to the victim indicating that the bail amount had been increased and more money was needed. A second exchange was arranged via the same ruse of using a courier.      

The initial suspect who arrived posing as the courier is described as a Hispanic male under 26 years old, wearing a red and gray sweatsuit and a baseball cap, no vehicle description.

A second suspect who also posed as a courier is described as a thin build white male with shoulder-length dirty blond hair, wearing a black-hooded sweatshirt and black, frayed jeans, driving a white box-style van.

The Genesee County Sheriff’s Office is also aware of two other similar incidents in the area. One of which an exchange of money occurred, the other effort was thwarted by a family member who was aware of this type of scam.  

We would like the public to be aware of this scam and we believe the perpetrators of these crimes are targeting the elderly. As a reminder, please remain aware and be suspect of phone calls you may receive from unknown sources. As a general practice, do not provide any financial information to callers from unknown sources.  

Contact Genesee County Sheriff’s Office if you have information regarding similar incidents or receive phone calls of this nature. The nonemergency Genesee County Emergency Dispatch Center number is (585) 343-5000 or call 9-1-1 if it is an emergency.