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Seven dogs going to new homes while criminal case against former owner remains pending

By Howard B. Owens

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

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

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the adjournment but said if Adolf isn't ready to accept the plea offer at the June 9 appearance the offer will be withdrawn.

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

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

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

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

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

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

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

Previously: 

All jammed up. Shooting range proposal's lack of progress, commentary irritate Town of Batavia planners

By Mike Pettinella

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

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

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

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

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

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

Lewis: 'It's a Perfect Location'

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

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

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

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

He then questioned the restraints of the special use permit.

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

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

Taking Steps to Reduce the Noise

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

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

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

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

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

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

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

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

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

Resorting to Name-calling?

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

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

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

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

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

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

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

Chair Says She Will Monitor the Situation

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

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

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

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

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

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

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

Since yesterday, sixteen new COVID-19 cases reported in Genesee County

By Press Release

Press release:

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

Search process for new manager costs the city $3,644.74

By Mike Pettinella

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

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

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

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

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

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

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

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

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

Developer, mayor address criticism; stage is set for May 19 public hearing on Le Roy senior housing development

By Mike Pettinella

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

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

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

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

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

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

On the zoning issue:

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

On extending East Avenue and connecting to South Avenue:

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

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

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

On the building lots:

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

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

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

On the possibility of decreased property values:

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

On increased traffic in the area:

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

On flooding of Le Roy Country Club:

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

On the cost to the village:

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

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

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

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

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

MAYOR: NOT DONE ON A WHIM

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

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

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

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

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

PROMOTING THE BUILDING LOTS

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

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

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

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

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

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

Challenges abound as Mercy Flight Inc. pushes through effects of COVID-19 on its air, ground operation

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vaccination Process ‘In A Transition’

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

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

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

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

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

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

Agricultural Society leaders keeping fingers crossed that Genesee County Fair will take place from July 24-31

By Mike Pettinella

The show must go on.

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

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

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

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

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

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

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

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

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

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

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

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

County reports 32 new COVID cases recorded over the weekend, 36 recoveries

By Press Release

Press release:

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

Law and Order: Parolee accused of striking woman in front of children playing, then fleeing from police

By Billie Owens

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

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

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

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

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

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

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

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

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

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

Proposed senior housing development in the East Avenue area of the Village of Le Roy draws opposition

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

The Batavian reached out to Rogers and Biscaro for comment.

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

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

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

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

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

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

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

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

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

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

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

Jankowski wins precision rifle event in Pennsylvania

By Mike Pettinella

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

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

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

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

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

Grand Jury: Man accused of injuring officer trying to arrest him, woman accused of attempted murder in Elba

By Billie Owens

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

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

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

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

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

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

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

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

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

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

Group of Pavilion parents concerned about all-day masking policy

By Howard B. Owens

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hoffman said more mask breaks would be encouraged.

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

Get Vaccinated: County announces J&J COVID vaccine clinics

By Press Release

Press release:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Batavia resident accepts Genesee County information technology director position after long career at RIT

By Mike Pettinella

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

GIGO. City of Batavia leaders ask park users to take out the trash following their outings this summer

By Mike Pettinella

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

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

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

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

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

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

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

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

The city’s nine parks are as follows:

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

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

Legislature recognizes county jail staff by proclaiming May 2-8 as National Correctional Officers' Week

By Mike Pettinella

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

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

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

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

Photo by Mike Pettinella.

Sportsman's club reps encourage legislature to pass local law allowing supervised 12- and 13-year-olds to hunt deer

By Mike Pettinella

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.”

County reports 18 new positive COVID-19 tests

By Howard B. Owens

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.  

  • 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.

State's lifting of restrictions on food, alcohol purchases is a welcome sight for restaurateurs, bar owners

By Mike Pettinella

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."

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