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A Bergen resident was killed in an overnight accident on Dublin Road, Bergen.

Bryan S. Holland, no age provided, was reportedly driving eastbound on Dublin Road at 12:30 a.m. when his vehicle left the roadway along the south shoulder, struck several mailboxes, a utility pole, and a tree.

The utility pole was sheared from its base, according to first responders, and the tree, with reportedly an 18-inch trunk and 30-feet tall, was knocked over.

Why Holland's vehicle left the road has not been determined.

The call came in at 12:32 a.m. When the first Bergen fire chief arrived on scene, he found Holland unresponsive. Coroner Tom Douglas was called to the scene and he pronounced Holland dead from injuries sustained in the crash.

The accident is under investigation by the Sheriff's Office Crash Management Team. Town of Bergen fire and Mercy EMS also responded.

(Initial Post)

Data Update – 

• Genesee County received 36 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 80s. 
• Nine of the previous positive individuals have recovered and have been removed from the isolation list.  
• One of the current positive individuals are hospitalized. 
• Two of the new positive individuals are inmates at the Buffalo Federal Detention Center.

 

Orleans County received six 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, 40s, and 50s.
• One of the new positive individuals was under mandatory quarantine prior to testing positive.
• Seven of the previous positive individuals has recovered and has been removed from the isolation list.
• Three of the current positive individuals are hospitalized.

The Sheriff's Office has recovered the remains of another person apparently turned over to Michael S. Tomaszewski Funeral Home and Cremation Chapel for interment.

Chief Deputy Joseph Graff said no other information about the recovery will be released at this time. The case is under investigation and Graff said there will be a press release about the case if new charges are filed against Michael Tomaszewski.

Tomaszewski is already facing criminal charges for an alleged failure to properly bury the remains of a military veteran along with more than 200 criminal charges for allegedly misappropriating funds deposited with his business by families expecting to make prearrangments for funerals. The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

There was also an allegation last year that Tomaszewski mishandled the remains of a baby but that case has never resulted in charges.

Graff said the discovery of the remains this week was the result of information provided to the Sheriff's Office by Tomaszewski's attorney. Tomaszewski is represented by Thomas Burns.

There is a plea offer pending for Tomaszewski and the defendant was expected to accept the plea at a hearing earlier this week but after an off-the-record conference with Judge Charles Zambito, the hearing was postponed until April 13.

This week, Tomaszewski's bankruptcy case was converted from a Chapter 11 (reorganization of debt) to a Chapter 7 (liquidation).

Charles Lewis Hull Jr., 63, of 9460 Warsaw Road, Le Roy, is charged with allowing his dogs to bark loudly habitually, in violation of Le Roy Town Code Section 63-11 sub 3, according to a report from the Genesee County Sheriff's Office. Deputies responded to his home at 12:13 p.m. March 13 for an animal complaint, which alleges he allows his dogs to bark habitually thereby disrupting other citizens in the neighborhood. He was issued an appearance ticket to be in Le Roy Town Court at 1 p.m. on April 6. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Christine Michelle Jones, 33, of Hutchins Place, Batavia, is charged with third-degree grand larceny and offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 16, then released on her own recognizance. She is accused of filing an application for SNAP benefits on May 1, 2018 that either contained false information or omitted information, and as a result she received $17,197 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Robert Riggi and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Chad Cummings.

Trina Leigh Grimmer, 49, of Townline Road, Byron, is charged with third-degree grand larceny and six counts of offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 17, then released on her own recognizance. She is accused of filing applications for SNAP benefits that either contained false information or omitted information, and as a result she received $8,104 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Dakota Nicholson and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Dawn Marie Puleo, 54, of Maple Street, Batavia, is charged with third-degree grand larceny and four counts of offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 16, then released on her own recognizance. She is accused of filing applications for SNAP benefits on Nov. 1, 2018 that either contained false information or omitted information, and as a result she received $4,555 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Robert Riggi and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Chad Cummings.

Erin Marie Rutoskey, 34, of Columbia Avenue, Batavia, is charged with fourth-degree grand larceny, fourth-degree criminal mischief, and fifth-degree conspiracy. At 7:52 p.m. on March 3, Genesee County Sheriff's deputies responded to Walmart in Batavia. After an investigation, Rutoskey was arrested for allegedly stealing property valued in excess of $1,000 and allegedly damaging property. She is due in Batavia Town Court on April 8. The case was handled by Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Angeline Ella Lorreine Escudero, 28, of Columbia Avenue, Batavia, is charged with fourth-degree grand larceny, fourth-degree criminal mischief, and fifth-degree conspiracy. At 7:52 p.m. on March 3, Genesee County Sheriff's deputies responded to Walmart in Batavia. After an investigation, Escudero was arrested for allegedly stealing property valued in excess of $1,000 and allegedly damaging property. She is due in Batavia Town Court on April 8. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Although sales tax receipts continue to lag compared to last year’s figures, Genesee County Treasurer Scott German said he is optimistic that 2021 will prove to be financially robust.

“The county continues to receive less sales tax than 2020 – receipts are down about 9 percent for the first three months -- but hopefully as business continues to reopen sales tax will get stronger,” German said. “The county adopted a fiscally conservative budget for 2021 and, barring any other catastrophe, county finances should end in 2021 strong.”

German, in presenting his departmental report Wednesday to the Genesee County Legislature’s Ways & Means Committee, emphasized that the county’s decision to adopt a “conservative” budget for the 2021 fiscal year (Jan. 1-Dec. 31) will go a long way in stabilizing its economic picture as the COVID-19 pandemic subsides.

“Last year was very tumultuous,” he said, noting that state officials projected a 20- to 30-percent loss in sales tax and 20-percent decrease in state aid. “Remarkably, however, our sales tax revenues declined by only 2.66 percent from 2019.”

His report indicated that the county shared 16 percent or $6.5 million of the sales tax amount received with the City of Batavia, and that New York State has approved additional withholdings from the county’s share of sales tax revenues for 2021 for a distressed provider assistance fund.

German also mentioned that the county received a boost from the first federal stimulus package as its Medicaid shares resulted in a savings of $900,000.

At the end of 2020, the county had an unassigned balance of $14,644,551, a decrease of $520,514 from 2019, German reported. Meanwhile, the county’s self-insurance fund reserves went up from $743,193 at the end of 2019 to $1,493,261 at the close of 2020, with the increase attributed to a drop in medical procedures.

The county received $58,863 more in mortgage taxes in 2020 compared to 2019, he said.

Looking ahead, German said the $11.1 million allocated to the county through the American Rescue Plan will be divided into equal installments in 2021 and 2022. The utilization of these funds has yet to be determined, he added.

In a related development, Kevin Andrews, director of Real Property Tax Services, reported home sales are “trending up” and that most of the county’s towns and villages are working on reassessment projects for the 2021 assessment rolls.

Last year, RPTS supported reassessments in the towns of Bergen, Byron, Elba, Oakfield and Stafford, while similar projects in the City of Batavia and towns of Alexander, Batavia, Bethany, Darien, Le Roy, Pavilion and Pembroke were canceled due to COVID-19, Andrews said.

Update: March 19, 4:30 p.m.

A spokesperson for Gap Inc. told The Batavian that 30 to 50 employees are expected to be hired at this location.

The Batavia store adds to the company's Western New York footprint that currently has five stores in the Buffalo/Niagara Falls area and four in the Rochester area.

"Our brand offers on-trernd, affordable and high quality products that we now are excited to make available for families in the Batavia community," the spokesperson added.

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Two new stores – Old Navy and Ulta Beauty – will be coming to the Towne Center at Batavia on Veterans Memorial Drive within the next few months.

Town of Batavia Building Inspector Dan Lang confirmed at tonight’s Town Board meeting that the merchandising giants are expected to open at the retail hub this spring.

He said that the Old Navy clothing store at 4222 Veterans Memorial Drive will feature 14,588 square feet of retail space, while the Ulta Beauty cosmetics store at 4192 Veterans Memorial Drive will have 10,723 square feet of retail space.

The Old Navy store is taking space formerly used by Bed Bath and Beyond.

Searches on the companies’ websites reveal that Old Navy, part of Gap Inc., is advertising for part-time brand associates and Ulta Beauty is advertising for part-time beauty advisors at Towne Center at Batavia.

Founded in 1994 and headquartered in San Francisco, Old Navy has approximately 1,106 stores worldwide. Its total revenue in 2019 was $4 billion. The largest of the Old Navy stores are its flagship stores, located in New York City, Seattle, Chicago, San Francisco, Manila, and Mexico City.

In business for more than 30 years, Ulta Beauty has approximately 1,200 stores in all 50 states and, according to its website, has created more than 22,000 new jobs since 2015. Ninety-two percent of its 45,000 store, distribution center and corporate associates are women. Its headquarters are in Bolingbrook, Ill.

The Batavian has reached out via email to Old Navy and Ulta Beauty media relations for additional information.

The Genesee County Soil & Water Conservation District enjoyed a record year in 2021 as it initiated and finished 13 grant-funded agricultural and other projects designed to ensure the continued flow of clean, safe water, the department’s manager said on Wednesday.

“It was extremely busy,” said Brad Mudrzynski, during his yearly report at the Genesee County Legislature’s Public Service Committee meeting at the Old County Courthouse.

He said projects included cover crop implementation, small erosion control systems and manure management-related topics.

“Another one is a manure storage cover that goes on top of the manure lagoon to capture any burn-off of methane, rather than having methane emissions, and there were a couple of different stream riparian buffers – native plantings along the side of the stream to prevent sediment nutrients from going into the stream,” Mudrzynski said.

Furthermore, he said that seven more similar endeavors will be moving forward in 2021 thanks to another $750,000 in grant funding secured by the district.

Awards from the New York State Department of Agriculture and Markets will be going to six applications to the Climate Resilient Farming program and one to the Agricultural Non-point Source Abatement and Control program.

“We will continue to be busy for the foreseeable few years with just those projects alone,” he said, noting that payments took longer to arrive due to COVID-19. “We didn’t get some of the (funding) hits we were bracing ourselves for.”

On the municipal side, Mudrzynski said the district’s primary function over the past year was to hydroseed for town and village highway departments to facilitate vegetative growth.

“If they clean their road ditch – opening it up – one of the things that we don’t like to see … is a bare ditch at the bottom, the brown soil,” he said. “When water goes through there, it can really cause erosion in the road ditch, which is not good from an infrastructure standpoint. And we don’t like seeing that because the water is carrying the dirt down to a receiving body of water somewhere.”

GCSWCD employees seeded and stabilized 1.2 acres of soil disturbed during the construction of the new Genesee County Sheriff’s Office communication tower in East Bethany, he said.

Mudrzynski said the district has another “pretty good sized” forested riparian buffer project, planting more than 1,000 trees along a stream bank at a local nonprofit conservation club.

He said the agency had to cancel the Genesee County Envirothon, a two-part scholastic competition, for the second straight year but hopes to offer it again starting in 2022.

“Remaining duties, including agricultural environmental management, tree and shrub program, and the fish stocking program, are continuing this year and we expect them to be strong in the coming years,” he said.

The district employs five full-time staffers.

Per its website, the mission of the GCWWCD is to work directly with county landowners to provide for the conservation of soil and water resources, improvement of water quality, and prevention of floodwater and sediment damages, thereby protecting the natural resource base and promoting health, safety, and general welfare of the county residents. For more information, click here.

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

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

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

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

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

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

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

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

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

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

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

'All Hands On Deck'

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

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

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

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

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

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

Planning for Widespread Contagious Disease

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

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

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

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

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

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

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

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

'It Was Kind of Crazy'

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

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

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

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

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

Treatment Evolves, Scientists Learn More

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

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

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

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

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

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

The Pandemic Has Changed Medicine, Maybe Society, Too

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

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

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

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

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

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

An Ellicott Street Road farmer’s plan to place a pair of side-by-side community solar arrays on his property received the green light from the Batavia Town Planning Board on Tuesday night, but not before the project developer agreed to concessions pertaining to utility poles and aesthetics.

Toward the end of a 58-minute discussion among planners, Town of Batavia officials and representatives of Cypress Creek Renewables LLC via Zoom videoconferencing, five of the six planning board members on the call voted that the solar farms would cause no or little adverse environmental impact, and also approved the site plans and the required special use permits.

The proposal was presented in June 2019 by Don Partridge, who also is a member of the planning board. He was not allowed to vote on any measures pertaining to the project.

Partridge has contracted with Cypress Creek Renewables to construct two adjacent solar farms at 5117 Ellicott Street Road, southeast of the city limits:

• A 5-megawatt array on 18.2 acres of a 65-acre parcel of otherwise agricultural land, known as Trousdale Solar I;

• A 4-megawatt system on 19.6 acres of a 71-acre parcel of otherwise agricultural land, known as Trousdale Solar II.

The planning board tabled the project last month after determining it needed more photos and visual projections of current and future screening of the solar panel arrays.

Additional Screenings, Pole Relocation

Last night, Cypress Creek Renewables representatives Jerry Leone, Nick Hawvermale and attorney Mark Sweeney did present maps of the property, updated to show additional screening (berms and trees) – and what it would look like in five and 10 years. They also reported the relocation of three utility poles owned by CCR about 230 feet into the site, within the fence line.

Currently, the site plan calls for four utility poles owned by National Grid and the three owned by CCR.

While acknowledging CCR’s good faith effort to address the board’s concerns, planning board Member Paul McCullough said he believed that the number of poles could be reduced, calling them “ugly in these projects.”

His colleague, Jonathan Long, agreed, adding that the poles still could be seen from the solar farm’s driveway.

Planners also had hoped that the developers would obtain a letter from National Grid to see if the company could eliminate some of its utility poles, but Leone said the power company indicated it was unable to provide that.

Leone offered to plant more soil berms as “further mitigation -- not 24-feet high, but ground berming to create “more of a fit naturally to the land.”

What About Ground-mounted Enclosures?

At that point, McCullough asked if CCR could replace the utility poles with ground-mounted (transformer boxes). Leone responded by saying that modification would be expensive.

“We would be looking at somewhere in the neighborhood of about a $200,000 delta between what we’re proposing and going to a ground, perhaps a minimum, and that would be per connection,” Leone said.  "It gets to the point where we’re talking about a healthy price tag when we start talking about mounting below grade.”

Planner Steve Tanner noted CCR’s attempt at mitigation, but questioned whether it was enough to enable the board to issue a negative declaration for the State Environmental Quality Review.

The developers again brought up the additional screening on the east side and vegetative buffer in front of neighboring properties, before Leone advanced – "as a last resort” -- the idea of ground-mounted enclosures to replace a pole or two.

McCullough said he would be on board with that.

Hawvermale then reiterated the increased cost to CCR and said he hoped that National Grid could do the same, to some degree, with its poles.

“It does add construction timeline implications that make it a little more difficult for us. That’s something we can look into with National Grid,” he said.

Tanner then suggested that any site plan approval and special use permits issued should include stipulations that the three CCR poles and at least one National Grid pole be replaced with ground-mounted apparatus.

SEQR, Site Plans, Permits Approved

With that in place, planners voted that the project would have no or little environmental impact – thus rendering a “negative declaration” on the combined SEQR.

They then voted separately on the site plans and special use permits for the two arrays, heeding Town Engineer Steve Mountain’s advice to make it contingent upon: town engineering approval; obtaining cost estimates in the case of decommissioning; addressing NYS Department of Agriculture and Markets comments; securing additional screening; and reduction of the utility poles.

Unanimous votes on both solar farms now gives CCR the right to proceed with the project, pending the signing of resolutions that spell out the specifics of what was agreed upon.

Planning Board Chair Kathleen Jasinski, thanked all parties upon approval of the referral, adding that “it was mitigated to the best of our ability … and we can’t make everyone happy but we did our best.”

Jasinski opened the meeting by reading a letter dated March 9 from Christopher and Christine Long of 9234 Batavia Stafford Townline Road, expressing “our many concerns of a solar panel project so close in proximity to our home.” The Longs asked Jasinski if she would share the letter with the planning board before voting took place.

Summarizing, the Longs wrote that it was “wholly inappropriate for Partridge to “consistently sell his land to parties directly involved in Town of Batavia building projects while he is serving another seven-year term with the Planning Board … “and is a blatant and obvious conflict of interest.”

Concerns Over Resale Value, Safety

The couple also wrote that the solar farm would decrease the value and resale of its three parcels, totaling 5.4 acres with 1,080 feet of frontage on Batavia Stafford Townline Road, and are concerned for the safety of its family “as the project emerges in what is, essentially, our backyard.”

The Longs also said the project “is in direct conflict” with the Town of Batavia’s mission statement, which is to “protect and promote public health, safety, morals and general welfare for all residents in the Town of Batavia.”

Other reasons for their opposition indicated in the letter include safety of the industrial solar panels, pollution, disruption of the surrounding farmland and displacement of wildlife.

In closing, while reiterating its disagreement with the proposal, the Longs said they “adamantly insist that in addition to the installation of the code-required 8-foot perimeter fence, that a berm and/or several rows of trees be included in the plan and be established between the east side of the project and our home (and the) current trees and vegetation that compose the existing hedgerow should also remain intact.”

Partridge made a brief statement after Jasinski finished reading the letter:

“Relative to the Batavia Stafford Townline (Road), there are at least two properties between any properties on the town line and my property, and there’s no way that anywhere on the Batavia Stafford Townline (Road) you’ll be able to see this project. That’s all I want to say.”

Outdoor Shooting Range on Hold Until April 6

On another front, planners heard briefly from Brandon Lewis, owner of The Firing Pin in Bergen, about his plan to develop an outdoor recreational facility that includes shooting ranges and a drive-in movie theater on a 22-acre parcel at 3269 Harloff Road.

Previously, Lewis presented his proposal to the Genesee County Planning Board, which recommended approval of a special use permit and site plan with modifications pertaining to stormwater pollution mitigation, acquiring the proper permits, and ensuring there is no glare from the movie screen onto the New York State Thruway.

Town Building Inspector Dan Lang said his office has received numerous phone calls from residents – some positive and some negative – and asked planners to direct all questions in email form to Lang or Mountain.

Jasinski said a site plan review will be placed on the April 6 agenda and voting on the special use permit will take place after a public hearing on April 20.

An anticipated plea from Michael S. Tomaszewski in his funeral home fraud case has been delayed until April 13 for reasons not revealed during a brief County Court hearing today.

During the virtual hearing, Judge Charles Zambito and both attorneys -- Thomas Burns for the defense and Assistant District Attorney Kaitlynn Schmit -- mentioned a prior off-the-record discussion about the case without indicating what was discussed, but it seemed to have some bearing on Tomaszewski's decision not to enter a plea today.

For the record, Schmit said she thought there should be no delay in the plea.

"I don’t think our discussion today is going to have any effect on the plea offer," Schmit said. "I would like to have closure for the victims in these cases. I would ask that we proceed with the defendant’s plea if that’s how he intends on proceeding."

There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office.  

At a hearing in early February, the pending plea offer was discussed. Under the terms, Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The plea couldn't be accepted at that hearing because Tomaszewski had not yet been arraigned in Town of Batavia Court on pending charges in that jurisdiction.

Today, Zambito appointed himself acting town justice and accepted Tomaszewski's not guilty plea to those charges during an arraignment.

Those charges will be satisfied with a guilty plea if Tomaszewski accepts the pending plea offer.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

He's also accused of improperly handling the remains of a deceased veteran. 

While his criminal case is pending, so his bankruptcy case. He filed for Chapter 11 bankruptcy in February 2020. There was a hearing on the case yesterday, but the results of that hearing are not yet publicly available.

The Genesee County Legislature, acting upon a recommendation from its Genesee County Police Reform and Reinvention Collaborative, has drafted a resolution to support the New York State Department of Civil Service in the implementation of several reforms designed to promote a more diverse and inclusive law enforcement workforce.

The legislature’s Public Service Committee on Monday passed the resolution, which is expected to be considered by the entire governing body next Wednesday.

Prior to that action, the PSC voted in favor of adopting the final report from the reform and reinvention committee, a 19-member group that met nine times over the past six months in response to Gov. Andrew Cuomo’s Executive Order No. 203 on community policing reform.

Former Legislator Robert Bausch reviewed the 12-page document for the committee, reporting the findings and recommendations on four specific areas:

• What Functions Should Police Perform?
• Employing Smart and Effective Policing Standards and Strategies;
• Fostering Community-Oriented Leadership, Culture and Accountability;
• Recruiting and Supporting Excellent Personnel.

It was the fourth topic that elicited the most comments from legislators and prompted them to compose the civil service reform resolution.

Bausch pointed out that New York State civil service laws, which control most of the employment process, create problems in recruitment through its “list” process and in the time it takes to fill vacant positions.

The Genesee County report indicates that “this is a significant barrier to recruitment and deters those from underserved populations from applying.”

Legislator Marianne Clattenburg agreed, stating “we need to address the way we hire, the Civil Service system. Students with Criminal Justice degrees can’t get on the list. I hope that at some point we can revise the procedures.”

Julie Carasone, consultant and certified implicit bias trainer, reiterated what others have said in recent weeks.

“The Civil Service system is antiquated,” said Carasone, who served on the Genesee County (and City of Batavia) reform committees and helped Bausch write the county’s report.

She then went a step further by imploring the legislators to do something about it.

“That’s where you guys come in as legislators,” she said “We can’t do that without your help … to change the laws and classifications. Just because someone is the most educated, it doesn’t mean he or she is best for the job.”

The legislature’s resolution on Civil Service reforms – which is being sent to the governor, state senators and assembly members -- seeks the following changes:

• Ease the “rule of three” for appointments. The state should consider a simple pass/fail test for deputy sheriffs, correction officers, public safety telecommunicators, and police officers. If this is unachievable, the state should consider band-scoring to a wider band than 5 points to allow for a more robust pool of eligible applicants.

• Ease or suspend the restrictions on hiring former police officers as it applies to Section 58 (4) CSL.

• Ease the restrictions on hiring part-time police officers, especially retired members or retired troopers on a noncompetitive basis. Forcing retired state troopers to have to take a civil service test is unreasonable, especially for a 209-V GML peace officer position.

• Reform civil service rules and regulations to ensure reasonable probationary periods for all transferees of at least six months. 

• Reform civil service rules and regulations to ensure that a previous test disqualification should prevent an individual from retaking a test for a period of time.

• Grant counties the authority to enact “continuous recruitment” options for correction officers. The state already has continuous recruitment for state correctional officers at DOCCS facilities.

As far as the status of the Genesee County Sheriff’s Office is concerned, Bausch said the committee concluded that the agency is of “high quality” and is “not something that just happened, but has been built over a number of years and the current staff is keeping it going.”

“The problems that others are talking about, we did not find. Not that the Genesee County Sheriff's Office is perfect, but it’s well ahead of many others.”

Tim Yaeger calls it a “crisis without evidence.”

Eric Wies says it’s time for “drastic change.”

Yaeger, coordinator of Genesee County Emergency Services, and Wies, president of the Bergen Volunteer Fire Department, reported today to the Genesee County Legislature’s Public Service Committee on the findings of a task force set up to take an in-depth look at the state of emergency response in the county.

In short, what they have found is a critical shortage of volunteer firefighters. The situation has become so dire that some fire companies don’t have enough personnel to respond to an emergency and are having to call neighboring departments to assist.

“People in the system know it, but outside (in the general public) they don’t see the severe staffing issues,” he said. “We need a sustained response – 24/7 and 365. We need sustainability.”

He said studies of the problem – the lack of young men and women to replace those who have served their communities as volunteer firefighters for many years – have been conducted at different times, but nothing has been done about it.

“It’s been a matter of pointing a finger to blame somebody,” he said. “Nobody is to blame. There is no time (to waste). It’s more demanding every day.”

Wies, the task force chair (in photo at right), said that the Bergen Volunteer FD has two members over the age of 65 and they're still active.

“We don’t have an influx of young individuals,” he said, supporting Yaeger’s statement that “it’s a young person’s game.”

Wies said discussions within the task force and with county fire officials brought out a sobering reality: “We need change, and not just change, but we need drastic change. And not just immediately but going forward for our residents.”

He said the current structure of emergency services in Genesee County doesn't measure up to what is required to ensure complete coverage.

“If we were to take a map of Genesee County and imagine what emergency services would look like in this county – from scratch – it wouldn’t look anything like it is today … There has to be some drastic change in the framework.”

Wies said the committee concluded -- due to the fact that all have full-time jobs along with their part-time and volunteer roles in emergency and governmental services -- that it wouldn’t be able to develop an implementation plan.

“We’re not looking for a planning document that would sit on a shelf. We want a planning document that will evolve with the county for years to come but also to implement change because we feel we’re on the verge of meeting that change,” he said.

He said the committee reached out to firms that with expertise in evaluating municipal emergency response, and heard back from three of them – Center for Public Safety Management LLC, VFIS and Municipal Resources Inc. The task force then reviewed the proposals from each company, conducted interviews and listened to presentations prior to choosing MRI, which is based in Plymouth, N.H.

“From a pricing standpoint, the lowest price was $27,400 and, the highest price, with some annual options, was from MRI at $94,625,” he said. “Ultimately, the company that we felt was the best fit for us is MRI and, unfortunately, that’s most expensive option.”

Wies said reasons in that decision included the fact that MRI’s team leader represents a municipal fire department that is similar in size to what the county offers and that MRI is willing to come to this area with a five-person team to hold meetings with county officials, all emergency services departments, law enforcement and business people.

“… and we definitely agree that they could provide the most insight as to what situation we have, what the issues are and hopefully coming out with a solution that will fit us for years to come,” he said, adding that the next step is figuring a way to fund a potential agreement with MRI.

Both men said they need “stakeholder buy-in” with a goal of maintaining the identities and utilizing the current town and village fire companies.

Yaeger said it’s all about “what the citizens deserve and what do they expect (when an emergency occurs)? And we need to get there.”

When asked if there was a statewide push to address this issue, Yaeger said “nobody has had the audacity to stand up” to effect change. “New York has to wake up and realize there’s a severe problem in our state."

Prompting Wies to say, “That’s why we think it’s best for Genesee County to go it alone.”

Others on the task force are County legislators Gordon Dibble and Gregg Torrey, Elba FD Chief Mike Heale, Elba Town Supervisor Donna Hynes, Pavilion Town Supervisor Robert LaPoint, Byron FD Chief Bob Mruczek and County Emergency Services Deputy Coordinator Bill Schutt.

Shawn A. Peterkin, 43, no address provided (inset photo, right), was arrested at 4:45 p.m., March 2, and charged with: criminal possession of a controlled substance in the third degree -- a Class B felony; criminal possession of a controlled substance in the fourth degree -- a Class D felony; unlawful possession of marijuana in the second degree; second-degree menacing; and fourth-degree criminal mischief. It is alleged that Peterkin threatened another person with a knife at a residence on West Main Street in Batavia and damaged property inside. He is accused of leaving the scene. He was found in the backyard of a residence on Woodrow Road, where he allegedly damaged a fence. Peterkin was arrested and allegedly found to be in possession of a large amount of crack cocaine, fentanyl, prescription pills and marijuana. He was arraigned in Batavia City Court and put in jail without bail. He is due back in Batavia City Court on April 7.

Nina Esterbrook-Kelso, 36, no address provided, is charged with two counts of endangering the welfare of a child in the second degree. She was arrested at 5:06 p.m., March 1, on Columbia Avenue in the City of Batavia. It is alleged that she left THC-laced edible candies in a place where they were accessible to children. She was released on an appearance ticket and is due in Batavia City Court on May 12.

Aaron Zimblis, 57, no address provided, was arrested Feb. 27 on Vine Street in the City of Batavia after a physical altercation that occurred in an upper apartment at 3:40 that afternoon. He is charged with second-degree harassment and second-degree strangulation. After his arrest, he was issued appearance tickets to be in Batavia City Court on May 4.

Lisa Fox, 49, no address provided, is charged with: criminal possession of a hypodermic instrument; speeding; operating a vehicle while its registration is suspended; and operating a motor vehicle with no license plate displayed. She was arrested at 10:12 p.m. March 5 on Clinton Park in Batavia after allegedly being observed speeding on East Avenue. She was issued an appearance ticket to be in Batavia City Court on May 11.

Robert Gerety Jr., 47, no address provided, arrested at midnight on Jan. 26 and charged with first-degree criminal contempt. During an unrelated traffic stop on West Main Street in Batavia, he was found to have an active warrant for his arrest out of Batavia City Court. He was put in jail (bail status not provided) and is due back in court April 1.

Robert Gerety Jr., 47, no address provided, is charged with: second-degree criminal contempt; aggravated unlicensed operation in the second degree; operating a vehicle in violation of an ignition interlock device restriction; unlicensed operation of a motor vehicle; and uninspected motor vehicle. He was arrested at 9:48 p.m. on Feb. 28  on West Main Street at Dellinger Avenue in the City of Batavia after a traffic stop. It was discovered that he was in violation of an order of protection because he allegedly had the protected party in his vehicle at the time of the traffic stop. He was arraigned in Batavia City Court, then jailed without bail. He is due in city court again on April 1.

David Michael Weaver, 45, of Torrey Road, Bethany, is charged with second-degree harassment. He was arrested at 4:20  p.m. on March 13 on Torrey Road in the Town of Bethany. He was issued an appearance ticket to be in Town of Bethany Court on April 27. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Joseph Grant Blair III, 29, of West County House Road, Albion, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; moving from lane unsafely; and failure to dim head lamps. At 12:15 a.m. on March 13, Blair was arrested after a traffic stop on Akron Road in the Town of Pembroke. He was released with appearance tickets for Pembroke Town Court on April 14. The case was handled by Alejandro Jordan, assisted by Deputy David Moore.

Kristen Lazarony, 36, no address provided, was arrested after a traffic stop at 10:29 p.m. March 3 on West Main Street at Ellicott Street in the City of Batavia. She is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; failure to keep right; and failure to use designated lane. It is alleged she had a BAC of .16 percent at the time of her arrest. She was issued tickets then released from custody. Lazarony is due in Batavia City Court on June 8.

Julie Roesser, 31, no address provided, was arrested at 9:30 p.m. March 8 on West Main Street at Montclair Avenue in the City of Batavia after a traffic stop. She is charged with driving while intoxicated with a BAC of .08 percent or more, DWI, and having no head lamp or an inadequate head lamp. She was released with tickets to be in Batavia City Court on June 15.

Steven Gerard Conway, 60, of Circle Court, Williamsville, is charged with driving while intoxicated -- first offense; aggravated DWI; no seat belt; and impeding traffic. He was arrested at 7:20 p.m on Main Road in Pembroke and was released with an appearance ticket to be in Pembroke Town Court on April 29. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Kenneth Quackenbush.

Erica Lynn Lamkin, 31, of Warsaw Road, Pavilion, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; and speeding in excess of 55 mph. At 11:25 p.m. March 14, Lamkin was arrested on Main Road in Stafford. She was released with an appearance ticket for Stafford Town Court on April 15. The  case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Shuvon Williams, 55, of East Avenue, Batavia, was arrested at 8:56 p.m. Jan. 30 after turning herself in on an arrest warrant out of Batavia City Court alleging custodial interference. She is accused of violating a custody agreement by not returning a child as specified in the agreement. Williams was issued an appearance ticket for June 8 in Batavia City Court.

Grace Crystal Murray, 21, of Pratt Road, Batavia, is charged with third-degree criminal trespass. At 6:39 p.m. March 7, Murray was arrested after entering Walmart in Batavia and remaining inside unalwfully after previously being banned from the property. She is due in Town of Batavia Court on April 8. The case was handled by Genesee County Sheriff's Deputy Zachary Hoy, assisted by Deputy Travis DeMuth.

Nateeka Gibson, 31, no address provided, was arrested March 8 on a warrant out of Batavia City Court stemming from an petit larceny incident Jan. 4. It is alleged that she stole $20 from a person on Bank Street while she was a guest at their residence. Gibson was arraigned virtually in Batavia City Court while she was in Monroe County Jail on unrelated charges. She was held on one dollar cash bail and is due in city court April 14.

UPDATE 10:26 a.m. March 31: The defendant's Pembroke Town Court date was later changed to Wednesday, April 14 at 1 p.m.

Olivia looks a lot better than she did on Jan. 22 when she arrived at the Genesee County Animal Shelter.

She was among 13 dogs and two cats Deputy Kevin McCarthy reportedly found in allegedly cruel circumstances. The dogs, according to his report, were covered in feces, urine, and surrounded by garbage. 

A volunteer pointed to one of the dogs at the shelter and noted she had been washed multiple times but still had a yellow urine stain on her coat.

The dogs look healthy now, but that's not the condition they were in when they arrived at the shelter, according to volunteers. They were underweight and filthy. 

The dogs have required significant medical attention, the volunteer said, driving up veterinary bills for Volunteers for Animals.

According to McCarthy, he found the dogs locked in cages at 1071 Akron Road, Pembroke.

He also reported finding 10 deceased rabbits inside the house that as well as a dead dog.

McCarthy arrested Lori Ann Adolf, 47, of Pembroke, and charged her with 26 counts of torturing or injuring animals and failure to provide proper sustenance along with one count of endangering a child.

Adolf was issued an appearance ticket and ordered to be in Town of Pembroke Court at 1 p.m., Wednesday, March 31. The court date was later changed to April 14.

The Sheriff's Office declined our FOIL request for intake photos of the dogs when they arrived at the shelter. Since Adolf was arrested on an appearance ticket, she was not booked into jail and there is no mug shot available.

The volunteer at the shelter thinks the dogs will make good family pets. They are friendly and eager to make friends. However, they can't be adopted until Adolf surrenders custody or by court order. So far, Adolf, the volunteer said, Adolf, has refused to surrender the cats and dogs, so they remain in custody at the animal shelter while her criminal case is pending.

Housing and caring for the felines and canines have been a financial burden for the volunteers and donations are requested. The following items can be donated at the shelter, and monetary donations are also welcome:

Dog food:

• Purina One chicken and rice 
• Wet food: chicken-based (due to dietary restrictions for dalmatians) 
• Chicken-based dog treats

Cat food: 

• Purina One Indoor Advantage, dry
• Purina One Healthy Kitten (blue bag)

Donations of gift cards from Genesee Feeds and Petco are also welcome.

Police investigators have yet to determine what may have caused a driver of a minivan to accelerate -- if she did -- after the vehicle struck a Town of Batavia fire chief's car that was heading to a serious injury accident on Galloway Road.

The minivan appears to have been exiting the Tops Market parking lot shortly after 9 a.m. with the intention of turning left when it struck the emergency vehicle, which was in emergency mode, driven by Fire Chief Dan Coffey. Coffey's vehicle sustained damage on the passenger side front fender.

The older female driver, whose name is not being released at this time, then proceeded eastbound on West Main Street Road. The minivan appears to have accelerated after the initial collision, Sgt. Mitch Cowen confirmed, but what may have caused that apparent acceleration hasn't been determined.

The minivan headed toward the West Main intersection with River Street where both lanes were blocked by cars stopped at the red light. Lynn Mucica was driving one of those vehicles and said she saw a car coming up behind her fast and thought it was going to strike the car next to her and possibly involve her in an accident. The minivan then swerved and struck a utility pole with three transformers on it, snapping the pole off near the base. The minivan continued east and came to rest on its side in the yard of 389 W. Main St.  

City fire responded and extricated the driver from the vehicle.  

The driver is being treated at ECMC for minor injuries and has not yet been interviewed.  

A citation is possible, Cowen said.

Coffey was uninjured in the collision and did eventually make it to the accident scene on Galloway Road.

At this hour, West Main remains partially closed. National Grid crews are repairing the pole. At least one of the transformers leaked its oily liquid onto the roadway and National Grid has also dispatched an environmental cleanup team to deal with the spill. The work is expected to be completed shortly.

(Initial Report)

A driver told an investigator he fell asleep prior to a head-on collision on Galloway Road at 9 a.m. that sent both that driver and another driver to ECMC.

Rylend L. Callicutt, 18, of Batavia, was driving a white 2011 GMC SUV eastbound when it crossed the center line. The vehicle struck a 2011 Hyundai sedan driven by Danielle C. Neuhaus, 31, of Batavia.

Neuhaus was trapped in the vehicle and sustained serious injuries. She was transported by Mercy Flight to ECMC, where she is currently in the trauma ICU.

Callicutt was transported by Mercy EMS.

He was issued a citation for failure to remain in the right-hand lane.

The accident report was prepared by Deputy Travis Demuth. The Crash Management Team also responded to the scene.

(Initial Report)

Update: 4 p.m. March 19 --

Clarification in seventh paragraph, fixing Baccile's title and the number of megawatts quoted by Farnholz from 125 to 25.

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Le Roy Town Supervisor James Farnholz said that while he respects the wishes of his colleagues on the town board to restrict community solar farms in residential and agricultural districts, his preference would have been finding a “middle ground” to give farmers the chance to repurpose their land.

The subject of the town’s proposed local law and zoning on solar projects was part of the agenda of Thursday night’s Genesee County Planning Board meeting via Zoom videoconferencing. Planners discussed the Le Roy Town Board’s 4-1 vote to not allow these smaller solar projects in the aforementioned designated zones.

Farnholz cast the lone vote to permit them.

“We’ve been working on this commercial solar for the last two and a half years … and I see that farmers are getting on in years and nobody is taking over the farm, and they want the opportunity to make some money,” Farnholz said when contacted by telephone on Friday. “I didn’t want to be the guy that tells them no.”

He said the proposed local law and zoning would allow community solar in areas that are zoned ground-mounted, industrial and interchange zones. In areas that are zoned commercial, that solar would have to be roof mounted.

Farnholz said a “couple of good reasons” factored into the other board members’ decisions.

No Room at the Inn

“Part of the reasoning, as we were told by Ty Baccile, project manager, solar development for Clean Choice Energy, and several others, was that the grid station here in Le Roy could only take, I believe it was 25 megawatts,” Farnholz said. “Which, basically, would mean there would be five farmers or landowners who could have 25-acre separate parcels of solar (at 5 megawatts each) on their land. And those five spots were already taken up in the queue for the grid.”

He said the other factor in the town’s comprehensive plan and agricultural land protection was just that – to protect the farmland.

Additionally, Farnholz pointed out New York State’s increased involvement in siting huge solar projects, such as the ones moving forward in Byron and Elba.

“Once it gets beyond a certain size, and I believe that it is 25 megawatts, it essentially will fall under the state Siting Board, which will make the decisions on it. It kind of bypasses your local zoning,” Farnholz explained.

“Given the political climate between New York State and the federal government on green energy, my personal view is that I would rather find a middle ground than have something forced on us. I’d rather give somebody 40 acres than have them come in and do 500 and not have any voice in it whatsoever.”

Shutting Out the Farmers?

During the planning board meeting, Baccile said he “wanted to share our concerns that this law as it was voted on it would cancel the opportunity in the R-A district for large farmers who wanted to co-locate maybe 30 or 40 acres of solar for community solar … to generate revenue and keep things on the farm going.”

“Basically, as it was voted, it's going to take that away from farmers who had come to the meeting and expressed that this would be a good way for them to support their farm,” he said.

Genesee County Planning Director Felipe Oltramari agreed that it “definitely is not the most solar friendly of local laws, but noted that it is the town board’s prerogative.

“They can decide as, as the elected representatives of Le Roy whether to he pursue, just as (the Town of) Stafford did, a local law that's more restrictive or less friendly to solar development …,” he said.

Oltramari then gave a less than enthusiastic review of wording in the Town of Le Roy’s proposed local law and zoning on solar, making observations that Farnholz said he can’t dispute.

The planning director said he wasn’t on board with the “definitions” in the text or the way that town officials determined the total surface area of a potential solar farm.

“The Town of Le Roy did not follow some of the state models, so the language is a little rough and just needs to be refined,” Oltramari said, adding that the zoning regulation lists multiple names for the same thing, such as “major solar collection system, major system, commercial use minor solar collection system, and ground-mounted solar energy systems. It makes it confusing …”

Definitions Section Needs Revision

Oltramari, in a letter to the town board, said the various terms make it hard to read and understand, and suggested settling on one term and using it throughout.

On the issue of the allowed total surface area, he said “this one can become problematic because it has a potential (where) people are going to basically ask for a lot of variances compared to most solar laws that I’ve seen used.”

He said that most laws figure in equipment pads, posts, foundations of the solar panels and the panels themselves when determining the percentage of coverage requirements.

“When you include the area of the panels it's going to become problematic and you end up creating, basically having to acquire, these large parcels so that only a portion of them will be covered by solar panels and so you end up with a lot of wasted land,” he said. “And that is probably too small to farm or too inconvenient to farm and it sort of gets wasted.”

Oltramari suggested that Le Roy use the New York State model, which includes the footers of the panels, the equipment pads and any paved roads in the lot coverage.

Farnholz had no issue with Oltramari’s suggestions to revise the definitions section and the determination of the permitted total surface area.

“Actually, we discussed that at our meeting last night and agreed that it was problematic and when it does come back from there, we’ll remove that,” he said. “That will be corrected.”

County planners reommended approval of the town’s zoning regulations as long as the revisions outlined in the letter from the planning department are considered (and applied).

Genesee County Planning Board members Thursday night fired off a few rounds of questions about safety, noise, glare and berms to the Brockport man proposing to develop an outdoor shooting range and drive-in theater on Harloff Road in the Town of Batavia.

At its meeting held via Zoom videoconferencing, the board recommended approval -- with modifications concerning stormwater pollution mitigation and acquiring the proper permits – of a special use permit and site plan for Brandon Lewis to construct and operate the business for shooting, firearms training, general recreation, fitness training and family entertainment, including a drive-in movie theater.

The venture, which is scheduled to go before the Batavia Town Planning Board next Tuesday, would be located at 3269 Harloff Road, not far from the Area 51 Motocross layout.

Lewis was asked about the placement of the theater screen and whether it would be visible to motorists on the nearby Thruway. He responded that he would make sure that wouldn’t be the case, but the board agreed to include that to the suggested modifications.

Planners also inquired about the number of berms or trees on the parcel, specifically on the west side between the rifle range and the neighboring property. Lewis said that a berm already is in place there along with a 12-foot retaining wall.

Concerning the possibility of noise from the shooting, Lewis said while the natural berms would “deflect sound from going onto the Thruway,” he also plans to plant more trees.

“It won’t be as disruptive as a semi going down the Thruway,” he said.

The board then asked about the hours of operation. Lewis said it mostly be during regular daytime business hours, but didn’t leave out the possibility of special target shooting event in the evening.

Furthermore, Lewis, who grew up in East Bethany, made it clear that no shooting will take place when the movie theater is open.

“We want safety for everyone,” he said.

Planners also considered the following referrals:

• A site plan review for Mutka 3450 Properties of British Columbia, Canada, to construct a 1,500-square-foot office addition to an existing warehouse facility in a Manufacture-Industrial district at 3450 Railroad Ave. in the Village of Alexander. Approval with the modification that the site plan complies with all applicable floodplain construction requirements.

• A site plan review for BALD Development LLC of Alden to construct an 11,250-square-foot (225 by 50) pole-barn-type commercial office/storage building in a Commercial district at 234 Genesee St. (Route 33) in the Town of Darien. Approval with modifications pertaining to driveway permits, stormwater pollution prevention, proper lighting and adherence to 9-1-1 standards.

• A special use permit for ForeFront Power of San Francisco to place a 45-acre, 5 megawatt ground-mounted solar system in an Agricultural-Residential district at 6982 Norton Road in the Town of Elba. Approval with modifications pertaining to relocating a portion of the driveway and equipment pad to the edge of the field and adherence to 9-1-1 standards.

Chance Luke Flanagan, 19, of West Main Street, Corfu, is charged with: third-degree burglary; third-degree grand larceny; second-degree criminal mischief; fourth-degree grand larceny; and fifth-degree conspiracy. Flanagan was arrested after an investigation into a burglary that occurred on East Main Street in the Village of Corfu between June 1 and June 2. He was arraigned virtually March 11 in Batavia City Court and released on his own recognizance. He is due in Corfu Village Court May 12. The investigation was conducted by Corfu Village Police Officer David Krzemien and the Criminal Investigation Division of the Genesee County Sheriff's Office, including investigators Kevin Forsyth and Howard Carlson.

Thomas Franklin Hofmeier, 19, of Harlem Road, West Seneca, is charged with: third-degree burglary; third-degree grand larceny; second-degree criminal mischief; fourth-degree grand larceny; and fourth-degree conspiracy. Flanagan was arrested after an investigation into a burglary that occurred on East Main Street in the Village of Corfu between June 1 and June 2. He was arraigned virtually March 10 in Batavia City Court and released on his own recognizance. He is due in Corfu Village Court April 5. The investigation was conducted by Corfu Village Police Officer David Krzemien and the Criminal Investigation Division of the Genesee County Sheriff's Office, including investigators Kevin Forsyth and Howard Carlson.

Michael A. Sweet, 35, of Varysburg, and Rachel A. Baehr, 34, of Batavia (no addresses provided), were arrested March 11 after a traffic stop on Route 98 in the Town of Sheldon. Sweet was pulled over after being observed driving a 2004 Subaru Forrester, and was known by law enforcement to have a suspended driver's license. A metal cylinder with 2.19 grams of methamphetamine was allegedly found in the front seat of the vehicle. Multiple pieces of meth paraphernalia were also allegedly seized. An investigation allegedly found the passenger, Baehr, had another bag and glass vial containing 1.97 grams of meth, both concealed on her person. She turned the items over to deputies at the scene. Both suspects were taken to Wyoming County Sheriff's Office for processing. Sweet is charged with: criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the third degree; unlicensed operation; and visibility distorted by broken glass. Baehr is charged with criminal possession of a controlled substance in the seventh degree and criminally using drug paraphernalia in the second degree. They were issued appearance tickets to answer the charges in the Town of Sheldon Court March 29, then processed and released from custody. The case was handled by Wyoming Coiunty Sheriff Sgt. Colin Reagan and Deputy Justin Bliss.

Christina Maria Sanchez-Anderson, 32, of Park Road, Batavia, was arrested after turning herself in at the Genesee County Jail March 9. Her arrest stems from an incident Feb. 24 on Union Street in Batavia during which she was allegedly found to be in possession of a quantity of cocaine. She was the passenger in a vehicle stopped for a vehicle and traffic violation. The odor of marijuana was allegedly emanating from inside the vehicle. A search of the vehicle and its occupants allegedly yielded the evidence in this case, which was subsequently examined and tested. Sanchez-Anderson was issued an appearance ticket to be in Batavia City Court on March 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Ronnie J. Sumeriski II, 38, of Batavia (no address provided) was arrested March 10 on a warrant out of Town of Java Court following a traffic stop in Genesee County. On Feb. 9, Wyoming County Sheriff's deputies received a report of a possible violation of an order of protection in the Town of Java. After an investigation, it was allegedly determined that Sumeriski violated a complete stay away order of proection issued Dec. 3 in Wyoming County Court by attempting to hack into the protected party's social media account and communicate via text message. He was previously arrested Dec. 3 for third-degree menacing and aggravated harassment in the second degree after a domestic incident. An arrest warrant was issued. After being taken into custody in Genesee County, the defendant was turned over to Wyoming County Sheriff's deputies and charged with second-degree criminal contempt. After his arraignment, he was released on his own recognizance and is due in Java Town Court at a later date. The case was handled by Wyoming County Sheriff's Deputy Austin Harding.