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The Genesee Valley Branch of the American Public Works Association New York Chapter today honored three Genesee County municipal professionals and the Ellicott Trail walking/bicycle path project team with awards for 2020 during a ceremony via Zoom videoconferencing.

This year’s APWA award winners include:

• Timothy Hens, Genesee County highway superintendent and engineer, Public Works Leader of the Year;
• Thomas Lichtenthal, Town of Batavia assistant engineer and highway superintendent, Professional Manager of the Year/Transportation;
• Steven Carroll, Village of Le Roy water/wastewater superintendent and plant operator, Charles Walter Nichols Award for excellence in the environmental field.
• Ellicott Trail, the 4.9-mile venture of the Town and City of Batavia and Genesee County, Project of the Year, Small Cities/Rural Communities.

Peter Vars, left, president of the Genesee Valley Branch of the APWA New York Chapter, and Timothy Hens.

TIMOTHY HENS

Hens has served Genesee County since 1998 following five years of success as an engineer in the Air Force, where he served as a civil engineer, transportation and facility design engineer and chief of engineering at three different bases. He also traveled to the Middle East where he oversaw construction in seven different countries as an environmental compliance officer, and worked closely with the United Nations in dealing with hazardous waste in Iraq.

The APWA noted that he is well-respected at the local, state and national levels and acknowledged his many accomplishments during his 22 years as Genesee County highway superintendent, and director of facilities, county airport and parks.

Per the nomination:

“Tim’s influence extends beyond the county level as an active member of the state County Highway Superintendents’ Association (he was its president in 2014). He was president of the National Association of County Engineers in 2019, where he worked closely with other county leaders across the nation to advocate for the importance of local infrastructure. His connections have helped bring funding sources to local governments across NYS.”

His accomplishments in Genesee County include: leading a $52 million countywide water system improvement project that expanded public water to hundreds of households and businesses; another $90 million countywide water system expansion that is ongoing; a $25 million project to upgrade the Genesee County Airport; and the $9.2 million County Sheriff’s Office administration building and emergency communications facility project.

In accepting the award, Hens said “I’m only able to accept the award because I have tremendous staff and family behind me. Public works, obviously, takes a lot of time from your schedule. Sometimes you get called out at 1 in the morning and you don’t get back home until 12 o’clock at night the next day, and your family is wondering where you are the whole time.”

He credited his project managers and staff, and his deputies – Paul Osborn, Dave Wozniak and Laura Wadhams – and Fleet Maintenance Supervisor Chris Klein, Airport Manager Jason Long, and front office staff of Laura Mullen and Lisa Grice.

“These are the people that I lean on heavily and, quite honestly, it’s relationships like that that let you get the work done,” he said. “Our staff at the highway department all the way down to the flagmen that we hire for the summer do an outstanding job and really allow us to do what we do.”

Hens emphasized the strong relationships that Genesee County has forged over the years with other highway superintendents and the numerous consultants, engineers and architects that contract with the county on various projects.

“Without these relationships, I definitely wouldn’t be where I am today,” he said.

Vars and Thomas Lichtenthal

THOMAS LICHTENTHAL

Lichtenthal was recognized for his “exceptional leadership and management” of the transportation-related Ellicott Trail project and for his many achievements in the public transportation field.

He has served the Town of Batavia for the past 10 years, and prior to that was a consulting transportation engineer. He worked on many notable public works projects, such as the University Avenue Art Walk and the Stutson Street Bridge in Rochester.

More recently, he has managed the successful completion of projects in the Batavia area, including the Ellicott Trail, the Ag-Park Drive and the Kiwanis Park inclusive playground.

APWA officials cited his “visionary leadership, commitment and dedication” over his career, noting that he has a variety of duties as a Town of Batavia employee.

Per his nomination:

“A large part of his current duties are managing engineering projects, planning snow and ice removal schedules, and budgeting for new equipment and personnel, but other duties may find him in the field on a backhoe, digging a new drainage ditch or trying to repair a service vehicle or truck that has broken down in the field.”

As he accepted the award, Lichtenthal thanked three people, specifically, and all of the town, county and city workers who pulled together to make the Ellicott Trail a reality.

“There are three key people who taught me a lot about engineering and project management,” he said. “My mentor out of college, George Mason … who taught me to pay attention to the details … Wilson Ballard, the CEO of the first company I worked for … who said to always be focused on the big picture … make sure you’re heading in the right direction … and my wife, Jean, who taught me about teamwork and about what it takes to make a project work – the people.”

Vars and Steven Carroll

STEVEN CARROLL

Carroll was honored for his expertise and perseverance in managing staff needs and aging infrastructure to troubleshooting operational issues at the Village of Le Roy wastewater plant on Red Mill Road.

A Retsof resident, Carroll has worked in Le Roy for six years following a 13-year stint at the Livingston County Water & Sewer Authority.

In 2017, he was named Operator of the Year by the New York Water Environment Association for turning around an underperforming wastewater plant, and, according to APWA officials, he continues to consistently go above and beyond when it comes to preserving the community’s clean waterways.

Per his nomination:

“(Steve) has shown leadership while managing through a loss of an assistant operator and helping his remaining staff members obtain their operator’s licenses. He is a problem-solver who took a multitasked approach to tackling a bacterial foaming problem at his plant and also an illegal source of septage into his system. Professionalism and performance of his duties are a true benefit to the Le Roy community and our collective environment.”

In accepting the award, Carroll thanked his wife, Lonni, employees Rob Semmel and Andre Carmel, and the Village of Le Roy for their support.

“This was really a big surprise,” he said. “It’s one thing to know you’re doing your best, but it’s completely an honor for someone to say, ‘Hey, good job, you’re doing it the right way.’ ”

The award was established in 1951 by Charles Walter Nichols of Nichols Engineering Research Corporation to recognize outstanding and meritorious achievement in the environmental field in its broadest sense. Eligibility includes those who work in disciplines such as disposal and recycling, sewers and sewage treatment, water supply, and water treatment.

Vars presents award to Steve Mountain, surrounded by members of the Ellicott Trail project team.

ELLICOTT TRAIL PROJECT TEAM

APWA officials said the $1.6 million Ellicott Trail is “a true example of public-private partnership with collaboration between four public agencies, engineering consultants and numerous citizens.”

Barton & Lojuidice assisted on a preliminary design, while the Town of Batavia handled the final design and right-of-way coordination. The 10-foot wide, 4.9-mile trail features on- and off-road elements, including three new bridges, with a section that goes through Elmwood Cemetery and winds through two parks.

The state Department of Transportation provided local project oversight, Ravi Engineering provided on-site construction and quality control; and Keeler Construction built two of the bridges. The third was donated and constructed by Genesee County.

The trail was paid for by the Town and City of Batavia, Federal Highway Administration, the DOT and New York State.

Steve Mountain, Town of Batavia engineer, accepted the award on behalf of the entire project team.

“So much as gone into this community project over the last seven years,” he said. “To that end, this award is very gratifying and humbling for everyone involved. The project began with the community and it ended with a very satisfied and appreciative community.”

Mountain mentioned the trail’s picturesque rural setting, and acknowledged Keeler Construction along with city, town and county workers for their roles in keeping the cost down.

“And, of course, it wouldn’t have been a success without all of our partners,” he concluded, thanking the DOT, Genesee Transportation Council, Ray Tourt and the City of Batavia, Hens and Genesee County, Chad Zambito, Tony Mancuso, Pete Zeliff, the entire steering committee and the town’s engineering staff.

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The Genesee Valley Branch of the APWA New York Chapter covers six counties – Genesee, Orleans, Livingston, Monroe, Wayne and Ontario. Its 100 members are public works professionals, consultants, contractors and vendors. It is one of five branches in New York.

For more information, go to its website – www.newyork.apwa.net.

It's Earth Day 2021, the first one we've commemorated while under a mask mandate because of the coronavirus pandemic, so maybe we should talk about what mass mask wearing means for the environment?

A lot, it turns out, according to Mike Waller, Rochester Regional Health’s director of Sustainability, who spoke with reporters this morning about keeping masks away from animals and using masks that do less to deplete natural resources, such as reusable masks.

"I have three kids, and I want to say we probably have like a hundred different reusable masks at this point," Waller said. "They are really not that expensive any longer. But if you are using a disposable mask, there are ones made with more environmentally friendly materials made such as hemp and other natural fibers. If you do dispose of them, there really is no good way to recycle them because they are made from multiple materials. And so disposing of them in the regular trash, as you would any other items, is the best way to go."

It's not feasible financially for recycling companies to break down masks into their component parts so they can be processed into materials to make new products. But if disposables aren't disposed of properly, they're not only an eyesore on our city streets, they become a problem for wildlife. Potentially, a deadly one.

"A lot of turtles like them when they end up in the waterways," Waller said. "I read that mold and algae grow really easily on these masks. When that happens, it just looks like there's a green floating piece of algae. Fish and turtles think it's food and then they'll swallow the whole mask."

"Make sure they go in the trash," he said. "That's definitely the number one thing to do."

Reusable masks can, of course, be used dozens of times (washed between uses) and maybe hundreds of times before they need to go to a landfill. That will cut down on swallowing up the earth's resources to make masks.

While Waller isn't an epidemiologist and can't predict the course of the pandemic, he expects, as a personal opinion, that mask wearing will be with us for a good long time yet.

"I always thought it would take quite a few years," Waller said. "I think of my three kids in school and some of the folks in the school the district, they share, they predict we'll have masks through next year as well in the school. I think that that would probably make sense as well. I hope like everybody else, it's no longer than that.

"But, you know, I notice with my kids, I think it's very interesting, they don't -- my youngest is 3 -- and they don't really care about wearing masks at all. It's really not a big deal to them. And they do a great job of keeping them on. It's usually the adults that have all the issues."

Genesee County's unemployment rate for March was 6.1 percent according to the NYS Department of Labor, which is a percentage point higher than the previous year, the month local pandemic-related lockdowns started.

While layoffs started in late March 2020, the reported unemployment was 5.2 percent. The layoffs didn't hit the books through unemployment claims until April when the rate jumped to 15.9 percent, the highest local unemployment rate since 1990 (the earliest data available from the DOL). In May, the rate was 11.1 percent and the rate has remained in single digits since then.

The lowest rate for March since 1990 was in 2019 when the rate was 4.6 percent.

The labor force for Genesee County (people who have work or are seeking work) was 28,200 in March, the lowest level since at least 1990. A year ago it was 28,700 and 29,100 in 2019.  

There are 26,500 people living in the county who are employed and 1,700 without jobs who are seeking jobs.

The state's unemployment rate is 8.5 percent and the nation's is 6.2.  

There were 20,700 non-farm jobs reported in Genesee County for March compared to 22,200 in 2020.

Government jobs declined from 5,700 to 5,200 and private sector jobs declined from 16,500 to 15,500.

Jason Molino is returning to the GLOW region.

Molino, the City of Batavia manager for 11 years prior to leaving in January 2018 to become administrator for Tompkins County, has accepted the executive director post with the Livingston County Water and Sewer Authority based in Lakeville.

“For me, it was several things,” Molino said by telephone this afternoon. “It was the right move for my family -- wanting to spend more time with my family. I love the work I’ve done here, I love the community and the people I work with are phenomenal, but this really is a personal decision.”

Molino said he was looking forward to “a little more balance” in his life as he moves closer to extended family members who live in Western New York.

“This is an opportunity to continue to do good public work, which is important, as well as find a good balance in life that I want with my family,” he said.

Molino is married to the former Anna Lesh of Batavia. They have three daughters -- Sophia, 21; Stella, 10; and Charley, 8, and a son, Jason Jr., 6.

He begins his new role on June 14. He replaces Michelle Baines, who reportedly left for another job.

The 41-year-old Molino has experience in the water and sewer segment of municipal government, having been involved in a leadership capacity when the City of Batavia negotiated its latest water and sales tax agreements with Genesee County.

He said he is aware of Genesee’s current water project and said that Livingston County has similar opportunities to expand water supply to other parts of the county.

“We are looking to partner with other towns and villages on distribution (water) system management or collection (sewer) system management, and possible expansion of consumer capacity as well – all stuff that I feel comfortable with and was able to work on when in Batavia, whether it was water-related or sewer-related,” he said.

Molino is highly regarded in Tompkins County, with major accomplishments being the establishment of county’s Office of Veterans Services and hiring of its first director, establishment of the county’s first chief equity and diversity officer, and the review and recommendation to merge the Mental Health and Public Health departments.

He also led the county’s Reimagining Public Safety Collaborative in partnership with the City of Ithaca. In March of 2020 Molino declared a state of emergency in response to the COVID-19 pandemic and has led Tompkins County through the crisis, instituting innovative measures to counteract sales tax shortfalls.

In a press release, Leslyn McBean-Clairborne, chair of the Tompkins County Legislature, thanked Molino for his service, sharing that “Jason has served this county with integrity every single day in this role. He has brought a thoughtful presence as our administrator, showing deep support for our staff and fiduciary tact putting together budgets under ever-more-complicated circumstances.”

Mark McKeown, board chair of the Livingston County Water and Sewer Authority, said in a press release that Molino was hired following a thorough search and extensive interview process.

“Jason’s experience, background and leadership will serve LCWSA and its future very well,” McKeown said. “We are looking forward to having Jason join our LCWSA team and bringing his experience and perspective to our group.”

The Town of Batavia Planning Board will be adding a “public comments” segment to its meetings, which generally are scheduled for the first and third Tuesday of each month at 7 p.m.

In response to Planning Board Member Don Partridge’s inquiry into the procedure for conducting an annual review of Area 51 Motocross, a businesses that has been granted a special use permit, the board Tuesday night agreed to give residents time at the beginning of each meeting to bring up pertinent issues.

Town Building Inspector Dan Lang said he spoke with the town’s attorney and supervisor, and both men recommended that the planning board not schedule a public hearing for special use permit reviews, but to offer “an open period for any comments, questions or concerns.”

Lang said that yearly reviews of operations with special use permits are conducted along with the fire inspection of the facility. He then suggested to Chair Kathleen Jasinski to “get on your agenda as open for public comments on every agenda.”

Jasinski said she wouldn’t want to see 10 people unannounced at every meeting, but the board didn’t think there would be that many and felt it important to give a forum for town residents as all meetings are open to the public.

It was noted that the Batavia Town Board (as well as the Batavia City Council) includes a public comments period at their meetings.

Planning Board Member Paul Marchese suggested a five-minute public comments section at the start of their meetings.

“It’s really not going to be significantly taxing to any of us and we limit it to five minutes,” he said. “I think we really want to be as transparent as we can in these wonderful times that we live in. To me, I feel it is part of our duty to listen to the people that we represent.”

In other action, the planning board:

• Tabled a site plan review and special use permit request by Batavia Solar LLC, which is seeking to install a ground-mounted solar system for the Genesee Gateway Local Development Corp. on R. Stephen Hawley Drive, across from Genesee Community College.

The board declared itself as the lead agency for the project and also approved a conditional negative declaration for the State Environmental Quality Review. Conditions on the SEQR center upon proper screening of the system from a neighboring couple’s home and from the roadway.

Planners advised Jim Taravella, representing LaBella Associates, to provide visualizations of the layout, showing five- and 10-year projections of the site based on screening growth, and asked the consulting firm to limit the number of utility poles.

• Scheduled a public hearing for May 4 in connection with a special use permit referral from COR Development to add a drive-thru to an existing commercial building at 4222 Veterans Memorial Drive. The space, formerly used by Metro Mattress, will be the site of a new Chipotle restaurant.

• Learned that on May 17, the town’s Zoning Board of Appeals will consider an area variance request by Dickinson’s Auto, 4028 W. Main Street Road, as part of a plan to construct a new truck storage building.

An order has been entered in Michael Tomaszewski's federal bankruptcy case declaring five more debts as the result of the former funeral director's fraud nondischargeable, meaning the debts won't be forgiven as part of the Chapter 7 proceedings.

The five individuals are owed $5,300, $5,300, $15,500, $15,500, and $8,750 for prearrangement deposits they made.

Tomaszewski, arrested last summer, admitted in Genesee County Court a week ago to taking more than $500,000 in funeral arrangement deposits and using the money for other expenditures. The money is supposed to be kept in interest-bearing escrow accounts.

He is scheduled to be sentenced for his crimes on July 13 and at which time he will agree to pay restitution to his victims.  

Not all of the victims have had the money they're owed included in the bankruptcy, which is handled by a federal court while the criminal matter and related restitution order is handled by county court.

In his bankruptcy, Tomaszewski listed more than $3.2 million in debts against $1 million in assets.

In his order, Judge Carl L. Bucki cited a section of federal bankruptcy law that says a debtor cannot discharge any debt that was the result of fraud or misrepresentation. 

Previously, Bucki issued a similar order for three other individuals. In all eight cases, the individuals listed in the order receive priority for repayment of the first $3,025 of debt, per person, under federal bankruptcy law.

For prior coverage of Tomaszewski's criminal case and bankruptcy proceedings, click here.

When looking at the minimum qualifications and the amount of training that go into shaping a successful emergency dispatcher and pairing that with the competence required in taking a 9-1-1 call, it certainly is puzzling that these professionals are classified by New York State and the federal government as “clerical” workers.

That is the thinking of Director Steven Sharpe, Assistant Director Frank Riccobono and the staff at the Genesee County Emergency Dispatch Center, who are applauding companion bills recently introduced in the state Senate and Assembly to change the classification of dispatchers.

“It’s really all about classifying people according to the labor that they perform,” said Sharpe, in support of the bill that would designate public safety dispatchers, emergency responders, emergency operators, emergency complaint operators, and emergency service dispatchers as “certified first responders.”

Sharpe said that the Genesee County Legislature passed a resolution backing this change when it was considered at the federal level, and “obviously, we would support it at the state level if the state decided to follow suit.”

“What we’re trying to do is to change our classification at the state and federal levels as being first responders – because that is what we are,” Sharpe said. “We’re the first ones on the scene, although remotely, as we have the ability as dispatch staff to dramatically impact the life safety of callers.”

Sharpe said dispatchers have delivered babies, helped people perform cardiopulmonary resuscitation over the phone and helped stabilize a heart attack victim by giving instructions on the administration of aspirin – all over the phone.

“A lot of this stuff happens before first responders have a chance to get there. We work hand-in-hand with our first responders so when they get there, we have hopefully have kept the situation stabilized or made it better while they were traveling to the scene,” he added. “And when they get there, they pick up the pieces where we left off.”

Riccobono: The Job has Changed Dramatically

Riccobono, a dispatcher for more than 30 years, said a key point is recognizing dispatchers for the job they perform.

“I’m sure when the federal government classified dispatchers many years ago, it probably was more clerical,” he said. “The job has changed dramatically since then. Training was five weeks long. Dispatchers now go through typically about a 16-week program and they go through another four to six weeks of on-the-job training. I think most people would agree that that’s more than what a typical clerk would go through.”

Dispatchers may not be at the scene, but they are hearing and providing information to the first responders and from the caller to keep everyone safe, Riccobono offered.

“We’ve had many recent incidents where the dispatcher was instrumental in keeping the person safe. A few years ago, we had an active shooting in the Indian Falls area and the dispatcher was instrumental in instructing the people where to go to keep them safe and an incident just last year where a dispatcher had to tell a person, essentially, to jump out the window when the perpetrator was literally breaking the door down,” he said.

“It’s truly amazing the job that dispatchers do. And this is no disrespect to any clerk position, but you're comparing apples and oranges.”

Riccobono supervises four senior dispatchers – Robert Tripp, John Spencer, Mike Sheflin and Jason Holman – as well as 14 full-time and four part-time dispatchers at the county Emergency Dispatch Center on Park Road.

Dispatchers answer, process and maintain the county’s Enhanced 9-1-1 Emergency Telephone System*, and answer all seven-digit nonemergency and administration lines for all law enforcement agencies within Genesee County. That’s a total of 27 local police, fire and emergency medical agencies, 22 municipalities, other police agencies and the general public.

Dispatchers Share Their Experiences

Tripp and dispatcher Beth Hynes, both with 19 years of experience at the dispatch center, agreed that the job requires the ability to multitask, process information quickly and accurately, and to stay calm under stressful circumstances.

“When people call us, they’re looking for help and looking for someone to respond – whether they’re having a bad day or having fights or need of medical services. A secretary can’t send that,” Hynes said, “whereas we take the information and give them appropriate help as quickly as possible. We are pretty much the first link in the chain of emergency services. It comes to us first and then we proceed to give it out to medical, fire department or police services.”

Hynes said dispatchers are dealing with more domestic violence situations today “because it was always that dirty, little secret that you didn’t hear about that now is coming to the forefront.”

“People with cell phones – they see things – where you have the people involved who are not reporting things but the witnesses are reporting things and we’re responding to that,” she explained. “There’s a lot more violence on the street as well.”

She said she took part in the delivery of a child by a police officer in the City of Batavia.

“A person was in labor, coming from Orleans County driving to the hospital in Batavia and they got to Oak and Richmond and they had to pull over,” she recalled. “I didn’t actually instruct them how to give birth but I heard it as he laid the phone next to the mom. Then the police pulled up and delivered the baby. But I was kind of there. That’s the closest I’ve come (to delivering a baby).”

Tripp said he has taken calls where the person on the other end of the line is suicidal.

“Those hit the nerve the most,” he said. “It kind of gives you that sense of importance, if you will, especially if you are successful in preventing someone from taking their life. Sometimes we’re not so fortunate, but we’re that first line for anybody who needs assistance, whether it’s something medical or fire or somebody that just needs someone to talk to because they don’t where else to go. We take those calls, day in and day out.”

Tripp said dispatchers take an average of 100 to 150 calls per day on his 7 a.m. to 3 p.m. shift alone. Statistics from the sheriff’s office show that in the first quarter of 2021, the dispatch center fielded 18,457 calls.

Classifying dispatchers as first responders would afford a “sense of respect” to the position, Tripp said.

“We work hard and we’re directly involved in emergency services and we have some sort of effect on that incident,” he said. “Plus, this job is ever-evolving as new technology has resulted in new complaints, such as the unemployment fraud that we’re seeing now that wasn’t around 10 years ago.”

Extensive Training is a Requirement

After placing in the top three on the Civil Service list, prospective dispatchers have to pass several physical and psychological tests before entering into 14 to 16 weeks of an initial in-house training program and four to six weeks of additional on-the-job training.

Riccobono said that outside training is provided through the Association of Public Safety Communications Officials and International Academies of Emergency Dispatch. Plus, dispatchers have to be certified in CPR and automated external defibrillator, and are required to take part in up to 50 hours of annual in-service training.

As far as the job classification, Sharpe said he thinks some of the reason this change hasn’t received an overwhelming amount of support is because people may think that dispatchers are seeking an economic boost.

“All it does is say they’re classifying folks as first responders,” he said. “Right now, looking at the state of finances in New York State, I don’t think there would be a large enough push to change the retirement system. That’s not what this legislation is all about.”

Sharpe said seeking a change is not a matter of disparaging the clerical profession.

“What we do is we impact life safety over the phone. And, with that comes the stress,” he said. “Sometimes people forget we’re the first ones on the scene. We’re not physically there but we’re there remotely and we’re experiencing those emotions, and we have to deal with that emotional content.”

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Photo at top: Robert Tripp, Beth Hynes and Frank Riccobono at the Genesee County Emergency Dispatch Center on Park Road. Photo by Mike Pettinella.

If the sentiments from people who live in the neighborhood are any indication, Brandon Lewis may be facing an uphill fight to acquire the special use permit he needs to develop an outdoor shooting range on Harloff Road in the Town of Batavia.

Several residents of nearby Kelsey Road and Pratt Road voiced their opinions Tuesday night during a 40-minute public hearing conducted by the Batavia Town Planning Board via Zoom videoconferencing.

Their objections centered upon, primarily, the noise generated by the shooting as well as safety measures, the impact on property values and whether it is a good fit for the area.

Lewis, owner of The Firing Pin indoor shooting club in Bergen, is looking to place an outdoor shooting venue, along with a small movie theater, RV park and other entertainment options, on a 22-acre parcel at 3269 Harloff Road. The property is not far from Area 51 Motocross and the New York State Thruway.

Linda and Tomporowski, of Kelsey Road, said that they don’t object to the concept, but want Lewis to find another location.

'It's Just the Wrong Location'

“It just seems that anytime a new business comes up that is noise-generated, it seems to go up on Harloff Road,” Linda said. “We have Area 51 and we have to deal with that seven days a week, pretty much year round. We were originally told that it was going to be limited, but it has not been that way.

“So, we’re very concerned that if another special use permit goes through, it’s going to become unlimited use again – there’s no enforcement – and that just really does not allow me to enjoy my property.”

She said she considers it a “great proposal” and she isn’t anti-gun or antibusiness.

“I think it’s the right business, but just the wrong location. It’s definitely going to cause undue noise … in a residential-agricultural area.”

Linda then asked the planning board to deny the special use permit “based on the fact that the primary use of this property is a shooting range.”

She also cited sections of the planning board code, mentioning that it calls for “a harmonious relationship between the proposed use and the existing, adjacent uses, and there’s really nothing harmonious for me with a shooting range in my backyard. We’ve heard them shooting before; it’s very clear.”

'There Will be Repetitive Shooting' 

Her husband brought up that Lewis had mentioned conducting shooting drills.

“It’s not just junior shooting daddy’s rifle eight times at a target,” he said. “When he talks about drills, some of the stuff is going to be tactical, which means multiple magazines. Law enforcement officers are exempt from the SAFE Act and they can use 30-round magazines and they will be popping shots – doing all of their drills.”

Jason urged the board to “pull back a little bit” and learn specifically what Lewis is looking to do and address it appropriately at that time.

Rich Schildwaster, also of Kelsey Road, said he is an avid outdoorsman with military experience who doesn’t have an issue with a gun range, but is concerned with “the manner of what they are looking to do out there.”

“He has painted a beautiful picture, he really has,” Schildwaster said. “We’re going to have a movie theater, we’re going to have a fitness center, we’re going to have an RV lot … and various activities. When it comes to a special use permit, I don’t think various activities cut the mustard as far as what he is going to be doing out there.”

Schildwaster said he worries about the safety of residents of a mobile home park beyond the Thruway and reeled off other potential issues such as shooting at night, noise levels, training, size of the RV lot and hours of operation.

'It Will be Intrusive on Property Values'

“I’m not in favor … he’s not quieter than the Thruway and, absolutely, 1.2 miles as the crow flies from that range, I can hear him shooting and his cohort shooting recently over the top of the motorcycles running at the same time at Area 51,” he said. “It will be intrusive on my property and it will be intrusive on the values of all of our properties in the neighborhood.”

Kevin and Paul Heist, both of Pratt Road, followed, with Kevin stating that the daytime shooting hours would affect him as he works from home.

“Also, it seems like the plan is all over the place,” he said, adding that he wanted specifics about the safety protocol since there would be a movie theater on the site. He also requested proper environmental studies be conducted before the project moves forward.

Paul Heist said he lives straight across the Thruway from Area 51 and is troubled about the noise volume.

“I haven’t seen anything that he’s produced as far as hiding the noise. Is there any verification that it works?” he asked.

He also mentioned that he lives next door to the Silver Shoe Farms, which has 10 horses, who are sensitive to their hearing and could be spooked by the gunfire. He then called out the town for not enforcing the excessive noise generated by “cycles with no mufflers” at Area 51.

'Guns are Louder Than Jets'

Cory Coles, of Pratt Road, also requested that the board deny the special use permit.

He said he was aware of some shooting going on there a couple weeks ago, and said that unsuppressed guns are louder than motocross bikes and train horns.

“They say the Thruway is there and Area 51 is there, so it’s already noisy,” he offered. “If that’s the case, why don’t we build an airport there, which is funny, as by the way, passenger jet engines are not as loud as guns are.”

Town Building Inspector Dan Lang said he has received 21 phone calls about the project, covering these similar issues. One of the letters was from Nicole Cable, owner of the horse stable, who has “massive concerns” as some of the horses she tends to are not hers.

'A Great Addition to Batavia'

At that point, Planning Board Chair Kathleen Jasinski read excerpts of three letters in support of Lewis.

The letters stated that the shooting range would:

• Be a great addition to Batavia, bringing more money to the town, and promoted Lewis as making safety his top priority;

• Be a nice change and create positive tax revenue, and with the proper rules and regulations, be safe for the neighbors;

• Be, per the Bergen Planning Board, “a beneficial addition to the Batavia community since The Firing Pin and Mr. Lewis have become an integral part of our community, participating in fundraising events, hosting gun safety, hunting classes and bringing much needed notoriety to our little town.”

Matthew Hume, the architect working with Lewis, concurred.

“I totally understand everybody’s concerns. I also live on Pratt Road, so it’s kind of in my backdoor as well. I’ve worked quite a bit with both Brandon and his father, and I can tell you that their family – they’re incredible people, they’re more than willing to work with the community,” he said. "They’re not looking to make any enemies here, they’re really just looking to provide different alternatives for the community.”

Hume said Lewis welcomes feedback if there are any issues and would be “more than happy to work out the details so that everybody can be happy.”

'Special Use Permit Must be Limited'

Planning Board Member Don Partridge said he wanted to know when the special use permit granted to Area 51 would be reviewed – Jasinski said that is scheduled for May – and then mentioned that he is leaning in favor of Lewis’ permit as long as it is “limited.”

“Hopefully, he will operate it properly and we won’t have any complaints,” Partridge said.

Jason Tomporowski then got back on the call, indicating that if Area 51 wasn’t already there, the shooting range would stand a better chance of being accepted.

“It’s the noise. I’ve had it,” Tomporowski said. “We moved out to the country so I could live in peace, and that’s my big issue. If there’s some way that I can see a plan on how he’s planning on muffling the noise, with barrier walls, earth and tire mounds, something.”

Schildwaster rejoined the conversation, directing a question to Lewis.

“I just wonder if he would be willing to reveal how many people have shot themselves at his facility in Bergen? It’s probably more than one, whether it was fatal or not, how many people have had accidental shootings in his Bergen facility?” Schildwaster asked.

Jasinski said that question wasn’t appropriate for the public hearing, but Schildwaster was undeterred.

“Why wouldn’t that be pertinent to this hearing when he’s bringing a range here and we’re talking about safety? If he’s already operating a range, why wouldn’t that be a question that the town … would have?” Schildwaster replied.

'The Question was Inappropriate'

Jasinski then asked Lewis if he wished to respond.

“I prefer not to only because I am somewhat taken back,” Lewis said. “I understand the nature of the question, but I don’t think that it was asked in a sincere way. I’ll be completely honest and I’m getting a little bit choked up. We did have a suicide at the range (The Firing Pin), which was completely unavoidable.

“I can’t control someone’s actions when they decide to make that decision, so I believe that gentleman knew that. That is the only incident that we’ve ever had in that regard. And I agree with you, chairperson, that that wasn’t appropriate.”

Lewis had opened the public hearing with a brief statement – emphasizing he wishes “to bring a professional, safe training and shooting center to the Town of Batavia, the likes of which really have not been seen in this region.”

“I think it would be quite a draw to the Town of Batavia from shooters and firearms’ enthusiasts, law enforcement, countless groups that would be interested in this type of training from the firearms side alone.”

Jasinski indicated the process of authorizing the special use permit will take some time.

“We’re not doing anything tonight. After this, we will be talking about it and putting it on the agenda. People are welcome to attend our meetings – we have a lot of things to look into,” she said.

Previously: Planners seek specifics about schedule, noise abatement as they contemplate Harloff Road shooting range plan

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, 50s, 60s and 70s. 
• Twenty-seven of the previous positive individuals have recovered and have been removed from the isolation list.  
• Seven of the current positive individuals are hospitalized. 

 

Orleans County reporting nine 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 30s, 40s, 60s, 70s and 80s.
• Seven of the previous positive individuals have recovered and have been removed from the isolation list.
• One of the new positive individuals was previously on quarantine prior to testing positive.
• Four of the current positive individuals are hospitalized.

Facing a big ticket item known as Phase 3 of the Genesee County Water Project, the county legislature’s Public Service Committee on Monday engaged in a discussion with Highway Superintendent/Engineer Tim Hens on the chance of finding a lobbying firm to unearth some cash to support it.

“It’s a $70 million project, so every dollar we can bring in makes it more affordable for every member of our community,” said Legislature Chair Rochelle Stein, just before backing an informal (at this point) proposal for Hens and County Manager Matt Landers to find a lobbyist to advocate for the county and capture some federal grant funding.

Hens said the county has yet to use a consultant for the water project, which is nearing the completion of Phase 2, but said he knows that “opportunities are out there.”

“Ideally, we need to bring experts to the table,” he said.

Legislator Gary Maha advised that the Genesee County Water Resources Agency is in favor of contracting with a lobbyist, adding that the county would pay for the firm with money from the water fund.

Hens suggested that there could be a “substantial increase” in available funding as the American Jobs Plan moves ahead, prompting legislators Marianne Clattenburg and John Deleo to voice their support for a lobbyist.

Landers said he knows that Orleans County has utilized the services of a lobbying firm to a certain degree of success.

“They’ve worked directly with and contracted with a lobbying firm for years and it has provided them, I believe, with assistance with their infrastructure projects up north,” Landers said. “My understanding is that it was a good investment and it helped navigate through a complex system of trying to get projects seen and heard and understood – and to make sure you are reaching out to the right people.”

He also said finding a person “who can identify different pots of money could help us down the road for other projects.”

At this point, the committee is unclear of the exact cost of a lobbying firm’s service. Most likely, the proposal will emerge as a formal resolution in the near future.

In other developments from yesterday’s meeting, the PSC:

• Approved a request by District Attorney Lawrence Friedman to apply for and accept a $228,720 grant from the state Division of Criminal Justice Services to reimburse the county for expenses connected to discovery and bail reforms for the period of April 1, 2020 through March 31. Friedman reported that the bulk of the expenses were to pay an additional assistant district attorney and two paralegals, along with a new electronic data system. He also said that related expenses incurred by the Genesee County Sheriff’s Office, Le Roy Police Department and Batavia Police Department are included in the funding amount.

• Approved contracts with Seneca Pavement Markings of Horseheads and Accent Stripe of Orchard Park for pavement markings on all county roads and at the county airport, effective June 1 through May 31, 2022 for an amount not to exceed the budgeted amounts of $175,048 for highway pavement markings and $8,000 for pavement maintenance at the airport.

• Accepted a bid from Thomann Asphalt Paving Corp., of Lancaster, of $1.3 million for complete reconstruction of the county airport apron area where the aging T-hangars were removed last fall and a bid from C&S Companies, of Syracuse, of $163,000 for the project’s consulting services. The total amount is expected to be fully funded by a federal grant.

• Accepted a $46,493 grant from The Ralph C. Wilson Jr. Legacy Fund for Design and Access to partially pay for the DeWitt Recreation Area Waterfront Enhancement Project’s phase one design and engineering. The total cost of the project is $73,000, with the remainder coming from the county’s building and equipment reserve fund. Hens said this is the first time The Ralph C. Wilson Jr. Legacy Fund has supported a project in Genesee County.

The Town of Pembroke is wasting no time in accepting a grant and low-interest loan from USDA's Rural Development division because it is such a good deal.

"I’ve been doing this for many years," said Tom Carpenter, an engineer with Clark Patterson Lee. "This is the best funding package I’ve ever seen from Rural Development. We were requesting about a $2.3 million grant and I forget the interest rate when we were requesting this but it might have been 2 or just over 2 percent. They came back with a grant of $3.7 million and an interest rate of 1.25, that is the best I’ve ever seen."

The bigger grant and lower interest rate will save property owners in the proposed Water District #4 (see map above) about $90 a year from the original estimate.

At the town board's meeting last week, the board voted to accept the package from USDA and contract with Clark Patterson Lee for services associated with getting the water service designed and built.

Typically, there would be a public information meeting about the proposed district but due to COVID-19-restrictions, but Carpenter anticipates newsletters going to residents and business owners in the district along with survey cards to gauge interest in forming the district.

Both Carpenter and Supervisor Thomas Schneider Jr. said they believe there is widespread support for the formation of the district in the community.  

Carpenter said at a previous public meeting where he discussed the district, about 120 people turned out (before the pandemic) and only four or five people there opposed the district.

"You usually get people who are very, very for a district or very, very against it," Carpenter said.

There will be a public hearing on formation of the district at a future date.

Schneider said given the positive feedback he's received from residents, he believes the board will be able to approve the formation of the district with a permissive referendum, which would mean the district would move forward unless affected residents or property owners held a successful petition drive placing the proposal on a public ballot. In that case, voters would need to approve formation of the district.

Schneider said the annual cost of the district for a single, occupied dwelling would be $962 per year. The cost of debt for a residential property that is not developed would be $466 per year. A vacant lot would pay about half that amount. Agricultural properties are exempt from paying for debt service on a water district.

The total cost of the project would be $9,050,000, with $3,744,000 covered by a USDA grant, and the rest by a low-interest loan of $5,306,000.

"I can easily stand up at a public meeting and say there will never be a better funding package available for this project," Carpenter said.

The project would involve installing 109,000 linear feet of 6-, 8-, and 12-inch diameter water mains and providing for 302 water services.

Carpenter said the best-case scenario is the entire project is completed by the end of 2022.

Members of the Genesee County Legislature’s Public Service Committee on Monday approved a local county law to allow deer hunting by 12- and 13-year-old licensed hunters with a firearm or crossbow during hunting season under the supervision of a licensed adult.

Designated as Local Law Introductory No. 1 Year 2021 of the County of Genesee, the proposed law will be subject to a public hearing, which is scheduled for 5:30 p.m. May 12 at the Old County Courthouse or via Zoom videoconference.

The law, if passed, enables the county to participate in the temporary New York State program to allow for young hunters (12- and 13-year-olds) to hunt deer with a crossbow, rifle, shotgun or muzzle loaded firearm through Dec. 31, 2023.

According to wording of the law, which was drafted by County Attorney Kevin Earl, the “hunting is a valued tradition for many families, and this new opportunity allows experienced, adult hunters to introduce the value of hunting to the next generation.”

“Furthermore, teaching young people safe, responsible and ethical hunting practices will ensure a rewarding experience for the youth, while providing quality food to families and contributing to important deer management population control practices.”

Legislators said they were reassured by the law’s parameters regarding supervision, which include requirements that the parent, guardian or person must be at least 21 years old, has had at least three years’ experience in hunting deer, holds a hunting license, and maintains physical control over the minor at all times while hunting.

Legislator Marianne Clattenburg said she supports the law due to the significant increase in the number of deer in and around the City of Batavia and that it encourages young hunters. Legislator Christian Yunker said the law is backed by the regional fish and wildlife committee and he is pleased to see that it is heavily regulated.

Other requirements as mandated by New York State are as follows:

• Such is accompanied by their parent or legal guardian, or by a person designated in writing by such parent or legal guardian on a form prescribed by the Environmental Conservation Department who is 21 years of age or older;

• Such parent, guardian or person and the minor remain on ground level at all times while hunting;

• Such parent, guardian or person and the minor shall each display either a minimum total of 250 square inches of solid fluorescent orange or pink or patterned fluorescent orange or pink consisting of no less than 50-percent fluorescent orange or pink material worn above the waist and visible from all directions, or a hat or cap with no less than 50 percent of the exterior consisting of solid fluorescent orange or pink material and visible from all directions.

Any and all options, including a way to compensate members of municipal volunteer fire departments, are on the table as Genesee County leaders tackle the ongoing problem of staffing during emergency situations.

On Monday, the county legislature’s Public Service Committee voted in favor of funding a contract with Municipal Resources Inc., of Plymouth, N.H., to provide consultant services toward developing a comprehensive fire service implementation plan.

The cost, not to exceed $101,675, will be paid by using available funds from the county’s 1 percent sales tax allocation. The full legislature is expected to ratify the proposal.

“Whether it’s a fire, EMS (emergency medical services) issue. motor-vehicle accident or a carbon monoxide alarm, it doesn’t matter what the incident is, we have to have the right number of people available that are able bodied and trained to get to the scene …,” County Emergency Services Coordinator Tim Yaeger said this morning. “They need to respond in the required amount of time, based on national standards, based on what the fire service believes they need to be – and holding their company to that standard and what the public expects. It’s not an easy answer; it’s not an easy fix.”

That’s why county officials are opting to call upon MRI, a company with a track record of helping municipalities in other counties and states find solutions to similar dilemmas.

Yaeger: It's a Nationwide Problem

“This issue is not just Genesee County. This issue is New York State, across the nation,” said Yaeger, who has been working with a task force set up by the Public Service Committee to study the problem. It’s more severe in some spots and less severe in others."

Yaeger said he has been talking to his colleagues across the state in an effort to solve this “crisis without evidence.”

“Unfortunately, we haven’t made much headway to it, and that’s why – maybe it’s too big of a nut to crack statewide. So, let’s look at it in a small segment and just look at Genesee County for now and see where we go,” he said.

While it’s way too early to predict the outcome of the consultant’s work, Yaeger said he supports some type of payment for the “volunteers who spend hundreds and thousands of hours at their fire departments.”

“In New York State, it’s either career or volunteer or a combination department, which really are more career than they are volunteer,” he said. “So, what we’re trying to do is look at ways to compensate volunteers. And that’s what many states and counties have done, even in the Northeast itself, is to compensate the volunteers for their time.”

Thousands of Hours with No Pay

He said volunteers’ tasks are numerous, including preparing for the emergency, administrative work, human relations work, fundraising, training, equipment maintenance and preparedness training.

“That’s thousands of hours that they’re committing to before the alarm even goes off,” he said. “And then when there is an alarm, taking training courses. So, those two things in combination with their administrative duties required to run a fire department. It would nice to see those men and women be compensated at some level. It is something that we’re looking at right now.

“It’s hard to find people and get paid, and now we’re expecting these folks to be available 24/7, 365 and do the job for free. It’s almost impossible.”

Yaeger said the task force was unsuccessful in its search for grant funding and turned to the legislature to address a situation that was first studied at the county level 20 years ago.

“This has been a problem for decades and I think they’ve finally realized now that it has gotten so severe that we have to take some more aggressive action to look for a solution,” he said.

Stein: We Need to be Prepared

County Legislature Chair Rochelle Stein said she is looking forward to finding out “exactly what we have in capacity in Genesee County and then, perhaps, find a path toward being able to fulfill the mission and responsibility of first responders in our county.”

“This takes in every town fire department, fire districts and we also are having the entire conversation shared with those departments and our emergency management staff, which will include the City of Batavia,” she said. “This is important to us because we are one tragedy away from something that is really horrific. We want to be able to stop that from happening.”

Yaeger agreed that the City of Batavia FD, which features a full-time paid staff, must be involved in the discussion.

“Anybody that provides fire and EMS services, they have to be involved in this,” he said. “The city is a key component to this conversation.”

He said the county and task force will begin “data mining” – providing pertinent information for MRI, such as the current number of firefighters, their qualifications, their age and their availability.

“Staffing is the number one issue that is causing our problem. We have to look at where we are today with staffing and then, how do we fix that,” he said, noting that some areas of the county are well protected while others “are really struggling.”

Have to Consider the Costs

Yaeger said that all are aware that potential costs to the taxpayers have to be considered.

“We have to as a group and as a community step in and find some solutions that are going to work and meet everybody’s need while maintaining that caution of expense,” he offered. “That’s what everybody wants to know. What’s it going to cost? We realize that, the committee realizes that and the consulting firm does as well.”

In a related matter, the PSC voted to accept a hazardous materials emergency preparedness grant for $5,172 from the United States Department of Transportation through the New York Division of Homeland Security and Emergency Services.

The grant program focuses on efforts that result in the prevention of serious hazmat transportation related incidents, principally those of high consequences to residents and the environment.

Previously: Task force seeks outside help to solve emergency services 'crisis without evidence'

What was advertised as a public hearing on incentives being offered by the Genesee County Economic Development Center to the developer of the Excelsior Solar Project in the Town of Byron turned out to be an opportunity for parties on both sides of the issue to re-emphasize their positions.

During the 25-minute videoconference, Mark Masse, GCEDC’s senior vice president of operations, read written statements from representatives of three farms who are leasing land for the 280-megawatt, 1,600-acre system -- Star Growers Land LLC; L-Brooke Farms and Colby Homestead Farms.

Their comments supporting the project – a huge financial windfall for the Town of Byron, Byron-Bergen Central School District and Genesee County, plus the creation of 290 full-time equivalent jobs – were followed by an oral statement from Eric Zuber, Byron town councilman and community farmer, who has opposed the plan since it was introduced more than two years ago.

Excelsior Energy, a subsidiary of NextEra Energy Resources LLC of Vero Beach, Fla., has plowed ahead under the authority of Article 10 of the New York State Public Service Law, while committing to pay the aforementioned taxing jurisdictions upwards of $44 million over the next 20 years.

The solar company is proposing to invest $345.55 million in a utility-scale solar project on multiple properties (46 parcels to be exact). It also has negotiated 20-year tax and community host agreements, including payments of $6,500 per megawatt, with a 2-percent annual escalator, to the county, Town of Byron and the Byron-Bergen school district.

$1.82 Million to Entities in Year One

What that means during year one, according to figures provided by the GCEDC, is that Genesee County would receive $281,775, the Town of Byron $862,522 and BBCS $675,703. That initial $1.82 million outlay would increase by 2 percent for each year after that for 20 years.

In return, the solar company has requested that the GCEDC approve property tax abatements estimated at $21,498,313 over that period and sales tax abatements (for construction materials) estimated at $11,288,287.

For its role as facilitator, the GCEDC receives a 1.25-percent fee – in this case, $4,319,458, which it will collect at the time of the financial closing.

Furthermore, farmers will stand to profit significantly through the leasing contracts they signed with Excelsior Energy.

Participants include Legacy Lands, LLC; Brooke-Lea, LLC; Call Lands; Lea-View Farms, LLC; Richard Colby; L-Brooke Farms, LLC; John Starowitz; Leo Starowitz Jr.; Star Growers Land LLC; John Starowitz and Andrew Starowitz; John Sackett Jr. and Charles Sackett; CY Properties LLC; and Call Lands Partnership.

Farm Reps Applaud Solar Project

In their written statements to the GCEDC board, Barbie Starowitz of Star Growers Land LLC; Jim Vincent of L-Brooke Farms, and Richard Colby of Colby Homestead Farms touted the project’s benefits for the Byron community and positive impact on the future of farming.

“The Excelsior Energy Center not only will support our farm for generations to come but also will provide new local revenue and new local jobs for our community,” Starowitz wrote, adding that the EEC has committed to hiring 90 percent of the employees (except for construction project management) from the local labor force.

Starowitz said diversification is crucial to today’s farmers.

“Farmers are trying to diversify so they can continue to stay in business in the future. Each crop year, we rely heavily on the weather. But for too many years it was either too wet or too dry. Crops have been suffering, low yields, bad quality and so on. But the farmer must still come up with the money to pay the expenses,” she wrote.

Her statement indicated that clean solar energy will help the farms to survive by reducing “economic pressures faced by farmers and encourage an approach that does not permanently remove land from agricultural production.”

She concluded by recognizing Excelsior’s “commitment to community input” by hosting monthly meetings at the Byron Hotel and reaching out to residents through other means.

“The Byron community of over 2,300 can all benefit from the solar project, working together as a positive thing for the community and future generations,” she wrote.

'Vehicle for Long-term Reinvestment'

Vincent said he and his affiliates “are advocates of green energy, innovative technology and the many advantages the Excelsior Solar Project represents, and not just because of having some of our lands involved in these solar leases … but what this means to our farm business model, providing a vehicle for long-term reinvestment, succession planning and diversification.”

He wrote that commodity prices, global trade policy, diminishing labor pool, government regulation and an unfair tax burden are making life difficult for farmers, and added that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide for future generations.”

Colby wrote that while his farm is “still going strong,” technology has brought about changes to land use and the “viewscape” in the Town of Byron.

“Today, every home I know of in Byron has electricity. One hundred years or so ago, no one had electricity in their home. The Excelsior Energy Center is a good and necessary change in revenue and new local jobs for our community,” he submitted.

He acknowledged that property values could decrease, but the funding provided to the town, county and school district will be a game-changer.

“This will enable many public enhancements to the community, which, I believe, will drive up the values and make it not only that people want to live but also stay in Byron,” he wrote. “It may be a short-term inconvenience but a significant boon to local businesses – restaurants, et cetera. I see it as adding a bit of excitement to the town.”

He contends that the solar panels will cover less than half of the project’s fenced area, and much of his land will be “highly accessible along existing roads.”

In closing, he wrote that he is researching other uses for the land, including U-pick fruits and nursery stock, and even installing a hops yard to have a locally sourced input for beer brewing.

Zuber: It's Bad for the Environment

Zuber, a member of Byron Association Against Solar, then joined the meeting – expressing his dissatisfaction with GCEDC and Excelsior’s handling of the public hearing. He said he was unaware up to a half hour before the videoconference that he had until last Friday to submit written comments about the project.

“It seems like, and it isn’t quite right, that the people that are pro-solar had the opportunity to write in comments and now the comment period is over, and we were unaware of it,” he said. “I guess I knew this was going to take place, but I didn’t know the format (of how) it would work … and that has been quite typical since this whole thing started with the COVID. The transparency to communicate Excelsior’s plans is at best poor.”

Communication problems aside, Zuber said the solar project will harm the environment and will take away prime land needed to handle an increasing amount of manure.

“We’ve done an ag impact study, which the county apparently is not interested in. I am very concerned about the environmental situation,” he said. “Especially with the Cider project now coming out of the west (a similar project in the towns of Elba and Oakfield) … if the dairy industry is going to survive – I don’t see how it survives with these two big solar projects.”

Zuber said he also is concerned about waste generated by the food plants in Batavia.

“Right now, we’re spending $7 million at O-At-Ka (Milk Products) to handle the waste,” he said. “The city and the town are overwhelmed. We’re going to have the sludge come out of those plants (with) no place to go. The best place for it to go is where you’re putting these solar panels on the ideal ground … but I think the environmental (problems) are a very, very negative situation.”

'A Negative Carbon Effect on the County'

He also cited a university study that indicated that this project would have “a negative carbon effect on Genesee County.”

“This will make the carbon situation worse, does not accomplish anything that the global warming people want, and I think it is very poorly structured … I think it’s bad for the environment for the county, the town and probably the state.”

Starowitz then got on the call, rebutting Zuber’s remarks about the manure situation.

“… the gas from the manure is being pipelined directly into being sold on his property, which is located on Chapel Street Extension,” Starowitz said about Zuber’s operation. “Also, if there is concern for spreading manure on land that is now being put into solar ... I have addressed to him many times that we have farmland that would use his manure. To this day, he has not taken advantage of that. So, there are other options and other farmland for his concern of spreading manure.”

Looking ahead, the state Department of Public Service has scheduled a public statement hearing – a key step toward the end of the Article 10 process – for June 1 via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Previously: Byron 'mega' solar project moves forward despite opposition; virtual open houses scheduled for Aug. 31

Press release:

• Genesee County reporting 33 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, 70s, 80s and 90s. 
  • Thirty-nine of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Seven of the current positive individuals are hospitalized. 
• 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, 50s, 60s, 70s and 80s.
  • Twenty-four of the previous positive individuals have recovered and have been removed from the isolation list.
  • Nine of the new positive individuals were previously on quarantine prior to testing positive.
  • Three of the current positive individuals are hospitalized.
  • Five of the new positive individuals are inmates at the Albion Correctional Facility.

Juan M. Mendez is indicted for the crime of first-degree rape, a Class B violent felony. It is alleged that on Sept. 4 at or around Genesee Community Colllege in the Town or Batavia that Mendez engaged in sexual intercourse with another person who was incapable of consent by reason of being physically helpless. In count two, Mendez is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse that day with another person without such person's consent -- by reason of some other factor than incapacity to consent. In count three, Mendez is indicted for the crime of first-degree sexual abuse, a Class D violent felony. It is alleged in count three that while at or around GCC Sept. 4 he subjected a person to sexual contact when the other person was incapable of consent by reason of being physically helpless. In count four, Mendez is indicted for the crime of third-degree sexual abuse, a Class B misdemeanor. In count four, he is accused of subjecting a person to sexual contact at or around GCC that day without the person's consent.

Rachelle N. Laney is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Sept. 10 in the Town of Le Roy that Laney knowingly and unlawfully possessed a narcotic drug -- fentanyl -- with intent to sell it. In count two, she is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged that on that day Laney knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug - fentanyl -- with an aggregate weight of one-eighth of an ounce or more. In counts three and four, Laney is indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. It is alleged that on that day in Le Roy, she knowingly and unlawfully possessed controlled substances -- methadone and hydrocodone, respectively. In counts five, six and seven Laney is accused of criminally using drug paraphernalia in the second degree, a Class A misdemeanor. It is alleged in counts five, six and seven that the defendant knowingly possessed glassine envelopes, vials, capsule or other material suitable for the packaging of individual quantities of any narcotic drugs or stimulants. In count seven specifically, this drug was Mannitol.

Eric J. Reyes Jr. is indicted for the crime of stolen property in the third degree, a Class D felony. It is alleged that on Sept. 28 in the Town of Le Roy that Reyes knowingly possessed stolen property that had a value of more than $3,000. In count two, Reyes is accused of aggravated unlicensed operation in the third degree, a misdemeanor. It is alleged in count two that on Sept. 28 in Le Roy Reyes drove a 2020 Dodge on Interstate 90 while his privilege to drive was suspended by the NYS DMV Commissioner.

Andre Roberts, 28, of School Street, Batavia, is charged with theft of services. He was arrested at 8:13 p.m. April 13 after he patronized a bar in the City of Batavia, then allegedly left without paying his tab. Roberts was issued an appearance ticket and is due in Batavia City Court April 20.

Johnny Earl Anthony, 30, of Knapp Road, Akron, is charged with driving while intoxicated -- first offense; operating a motor vehicle with a BAC of .08 or more -- first offense; moving from lane unsafely; and unlicensed operator. Anthony was arrested at 8:53 p.m. April 17 on West Main Street Road in Batavia after being involved in a collision. He was issued an appearance ticket and is due in Town of Batavia Court on May 24. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kyle Tower.

Sundae Jade Whitney Grambeck, 27, of Junction Road, Pavilion, is charged with driving while intoxicated -- first offense, and DWI with a BAC of .08 percent or more. At 3:15 a.m. April 19, Grambeck was arrested on Ellicott Street Road in Bethany following a motor-vehicle accident. She was issued appearance tickets and is due in Bethany Town Road on May 4. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy David Moore.

Caleb Richard Swendsen, 26, of Akron Road, Pembroke, is charged with second-degree criminal trespass. Following a report of a domestic incident at 6:36 p.m. April 13 on Maple Avenue in Oakfield, Swendsen was arrested. He was arraigned on the charge virtually in Oakfield Town Court, then released on an appearance ticket. He is due back in court June11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Kyle Krzemien.

Lisa Fox, 49, of East Avenue, Batavia, was arrested after a traffic stop on East Avenue at 12:08 p.m. April 14 during which she was identified as the operator, and there was a bench warrant for her arrest out of Batavia City Court. Following her arraignment in city court, she was released under supervision. Fox is due to return to court May 25.

Press release:

• Genesee County reporting 17 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 19-20s, 20s, 30s, 40s, 50s, 60s and 80s. 
  • Nineteen of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Three of the current positive individuals are hospitalized. 
  • One of the new positive individuals is a resident of The Grand Rehabilitation and Nursing.
  • We are saddened to report the loss of one community resident. The individual was over 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.

NOTE: There are 86 active cases in Genesee County and there have now been 121 deaths.

• 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, 50s and 60s.
  • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • Three of the current positive individuals are hospitalized.
  • Two of the new positive individuals are inmates at the Albion Correctional Facility.
  • One of the new positive individuals is a resident of Orchard Rehabilitation & Nursing Center.
  • We removed one of yesterday’s positive individuals as they are not a resident of Orleans County.

Leroy Thornton III, 30, of Ashland Avenue, Niagara Falls, was arrested April 15 on a Genesee County Court Indictment Warrant.

His arrest concluded an investigation into the transportation, sale and possession of "crack" cocaine in and around the Town of Batavia.

Thornton is charged with: criminal possession of a controlled substance in the third degree -- with intent to sell, a Class B felony; and criminal sale of a controlled substance in the third degree, also a Class B felony.

He was arraigned in Genesee County Court, then released on his own recognizance.

The arrest was made by the Genesee County Local Drug Task Force with assistance from the Niagara County Probation Department. The Genesee County District Attorney's Office assisted in the investigation.

Press release:

• Genesee County reporting 10 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 19-20s, 20s, 30s and 40s. 
  • Eight of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Three of the current positive individuals are hospitalized.

 

• Orleans County reporting 14 new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 50s and 60s.
  • Nine of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the new positive individuals was on mandatory quarantine prior to testing positive.
  • Three of the current positive individuals are hospitalized.