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Legislative committee approves a nearly $1 million grant to fund Public Health Corps program in Genesee County

By Mike Pettinella

A nearly $1 million grant may be on its way to Genesee County Public Health to boost “workforce capacity" in the department's battle against COVID-19 and to enhance efforts in other areas, Public Health Director Paul Pettit said Monday afternoon.

Speaking at the Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse, Pettit offered a resolution – which subsequently was approved by the HSC – to accept $980,544 from the New York State Department of Health to recruit, train, deploy and manage the NYS Public Health Corps Fellowship Program.

Touted by former Gov. Andrew Cuomo, the Public Health Corps consists of individuals of all educational levels (“fellows”) that have been accepted to participate in the program designed to “bolster and improve public health workforce capacity,” Pettit said.

The grant will run for two years, through July 31, 2023, he said, with $250,000 of the money allocated in the 2022 budget. The remaining amount will be part of the county’s 2023 budget.

Pettit said he has a list of about 15 people who have applied to join the Public Health Corps.

The HSC also approved a contract with Coastal Staffing of Naples, Fla., to serve as the staffing agency or employer for those selected into the program.

“Genesee County will interview these individuals and if they are hired, then they will go through Coastal Staffing as their employer,” Pettit advised.

In other action related to the health department, the committee gave the go-ahead to accept an $11,000 grant from the National Association of County and City Health Officials for Genesee County to participate in a wastewater surveillance mentorship program. This will run from Jan. 1-July 31, 2022.

Pettit said the money will be used by health department officials to monitor the viral load in municipal wastewater systems throughout the county and to provide guidance and recommendations going forward if necessary.

Both measures will be considered by the full legislature at its Dec. 8 meeting.

COVID-19 LOCAL UPDATE

Reporting on the current COVID-19 picture in Genesee County, Pettit said the average number of cases per day over the last seven days has been steady at around 34, while the percentage of breakthrough cases is at 30-35 – up about 10 percent from what he had been seeing.

As of yesterday, there were 241 active cases – those in isolation – with 28 of those people in the hospital, he said.

Pettit said that 70 percent of Genesee County residents 18 years of age and older have received at least one vaccine shot, with that number decreasing to 59.6 percent when considering the county’s total population. That is much less than the 90 percent of NYS residents 18 and over who have received at least one shot.

He said the county health department is offering the complete spectrum of vaccinations – first shot, booster and doses for children ages 5-11.

“Booster clinics have been very steady,” Pettit said, adding that early studies show that booster shots provide a significant increase in protection from the coronavirus.

As far as testing is concerned, the county is offering testing once a week and has been meeting the demand. Pettit did point out that testing supplies are beginning to dwindle and if the state doesn’t receive the supply it has ordered, then “free” testing could end in a few months.

Possible serious injury accident reported on Route 98

By Howard B. Owens

A serious injury accident, possibly involving a child, is reported at Route 98 and Lockport Road, Elba.

Elba Fire and Mercy EMS dispatched. Mercy Flight responding.

One vehicle is blocking.  Traffic on Route 98 is being shut down.

UPDATE 8:05 p.m.: A 6-year-old girl was ejected from the back passenger seat and down a steep hill into a field.  She was flown by Mercy Flight to an area hospital as a precaution and is being kept for observation, said Sgt. Andrew Hale. The vehicle she was riding was westbound on Lockport Road and allegedly failed to yield the right of way to a southbound sedan.  The first car then struck a guard rail, which apparently caused the child to be ejected. The child may not have been in a car seat. Potential charges are pending, Hale said. The sedan struck a southbound car.  Neither driver was injured and a second child in the first car was not injured.

UPDATE Tuesday, 10:46 a.m.: The investigation, according to the Sheriff's Office, indicates a 2007 Honda Civic driven by Mikayla Bard, from Brockport, was westbound on Lockport Road when it allegedly failed to stop at a stop sign. It collided in the middle of the intersection with a 2008 Toyota Prius driven by Faez Alsaddi. A passenger in the Honda was ejected from the vehicle. Alsaddi was uninjured. Bard and another passenger in the vehicle were transported by Mercy EMS to Strong Memorial Hospital with apparent minor injuries. The child passenger who was ejected was transported to Strong via Mercy Flight. Reports from the hospital back to the Sheriff's Office indicate she suffered only minor injuries.  Alcohol does not appear to be a factor.  The crash is being investigated by Chief Deputy Brian Freiday, Sergeant Andrew Hale, Investigator Kevin Forsyth, Deputy Richard Schildwaster, Deputy Travis DeMuth, Deputy Andrew Mullen, and Deputy Nicholas Chamound.  Assisting at the scene were Elba Fire, Oakfield Fire, Barree Fire, Mercy EMS, and the State Police.

Law and Order: Devon Wright charged with resisting arrest earlier on day he entered guilty plea

By Howard B. Owens

Devon A. Wright, 20, of Batavia, is charged with resisting arrest and obstructing governmental administration.  Wright is accused of resisting arrest during an attempt by police officers to execute a bench warrant at 4:29 a.m., Nov. 16. (Later that day he entered a guilty plea to felony charges to avoid further proceedings in a criminal trial). Wright was issued an appearance ticket.

Arron J. McFollins, 42, of Batavia, is charged with criminal contempt 2nd. McFollins is accused of twice violating a court order at 12:48 p.m., Oct. 27.  He was released on an appearance ticket.

Anthony S. Brooks, 31, of Batavia, is charged with harassment 2nd. Brooks is accused of throwing a thermos at another person during an argument at a location on East Main Street, Batavia.  He was issued an appearance ticket.

Ricky Albanese, 54, of Hunt, is charged with grand larceny 3rd. Albanese is accused of working as an Amish furniture salesman while collecting Genesee County Mental Health disability payments.  During the time he was working in sales, he allegedly collected $38,684.18 in payments.  He was arrested on a warrant on Nov. 12 by Sheriff's Investigator Joseph Loftus. He was arraigned in City Court and released on his own recognizance.

Tyler Even Ryan Deleys, 28, of West Main Street Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, speeding, plate display violation, failure to obey traffic control device. Deleys was stopped at 1:18 a.m., Sunday, on West Main Street Road, Batavia, by Deputy Austin Herbelein.

Scott Patrick Simmons, 25, of Brewster Street, Depew, is charged with burglary 3rd, criminal trespass 3rd, petit larceny, and false personation.  Simmons is accused of stealing merchandise from Walmart at 4:07 p.m., Saturday.

Matthew M. Vanvorce, 33, of Vestal, is charged with DWI and driving with a BAC of .08 or greater. Vanvorce was stopped at 6:04 p.m. in the Town of Batavia by a State Police trooper.  He was issued an appearance ticket.

Rochester Regional infection specialist: Omicron variant likely in the U.S., poses a new set of challenges

By Mike Pettinella

Omicron B.1.1.529 -- a new and rapidly changing variant of the coronavirus that just this month was first identified by scientists in South Africa -- probably has found its way to the United States and should be considered as highly transmissible.

That's the opinion of Dr. Emil P. Lesho (photo at right), an Infectious Disease specialist with Rochester Regional Health, who addressed the media this morning via Zoom.

When asked about Omicron's impact in the Finger Lakes Region, Lesho said it's a bit early to tell, but "the quick answer is … it's likely in the United States."

"At last count, it was reported in 13 different countries, including Canada. So, it was first detected in South Africa … that doesn't necessarily mean that's where it originated, that's where it was detected first," he said.                                                                        

Noting that the variant has been linked to travel, he said the detection process "requires advanced whole genome sequencing (and) most hospital labs in the United States can do that technology."

"Specimens have to be collected first, then they have to be prepared, then they have to be sent to a special sequencing laboratory," he said. "So, that takes time. But as we speak, Rochester Regional is looking for this variant. We have our laboratories collecting samples and preparing them in the way I just described."

In the United States, public health officials believe that early evidence indicates an increased risk of reinfection with Omicron as compared to other variants, such as Delta. In fact, the Biden administration has placed a travel ban from South Africa and seven neighboring countries duo to this variant.

Lesho, when asked what doctors and researchers know about Omicron, said there's "a lot that we don't know."

"And, some of what myself and what anybody says today can be changed tomorrow; we're learning more and more every day."

He said Omicron has been labeled "a variant of concern," which is the highest classification of variants on the books at this time. Others are variants of interest and variants of high consequence, but as of now, no variants of high consequence have been identified.

"What we know about this Omicron -- why it's labeled a variant of concern is because of the number of changes that it has undergone, and in the rate that it had accumulated these changes; the speed at which these changes occurred," he offered. "That's what kind of surprised scientists and laboratorians."

Lesho said this one appears to be more transmissible in light of nearly 50 changes in this virus compared to preceding strains.

"It’s those number of changes or those mutations, that that are of concern. Additionally, it's where those mutations occur. So, this whole genome sequencing that I mentioned looks at the entire genetic makeup of an organism. And so that enables us to look at which parts of it have these changes," he said. "Of those 50 changes, maybe 30 or so are in the area that the vaccine uses to instruct our bodies to make the protective antibodies. So that's why it's concerning."

In any event, the doctor said that getting vaccinated -- including the booster shot at least six months after the primary series -- "still, is the best way we can protect ourselves ..."

Other points addressed by Lesho today are as follows:

VACCINATION AND VARIANTS

While vaccines provide the most protection -- apart from natural immunity from having the virus plus vaccination -- Lesho said vaccination rates globally are relatively low.

"Not many countries have been as fortunate as developed countries, such as Israel, United States ... United Kingdom," he said. "Countries in Africa have vaccination rates as low as 20 percent ... and there's potentially only 70 percent of the people in the United States that are vaccinated.

"So, what they're learning is when they talk about herd immunity -- when you get through about 70 percent of the population being immune to help the epidemic or the pandemic stop spreading, maybe we're seeing with these higher transmissible variants like Delta and this one, it may be more upwards of 80 or 85 percent, Still, the way we can prevent these new mutations and these new variants from emerging is to get as many people in the population as immune as possible."

AS WINTER APPROACHES

Lesho had a sobering message as the cold and flu season arrives and as COVID-19 cases increase: "Well, what we can expect is, unfortunately, increased fatalities."

"We are already seeing increased number of patients in the hospital and also in the ICU. And on ventilators now. So we've been seeing that unfortunate uptick for a few weeks now. So, generally, two weeks after that you have more seriousness of infections, then you start to see the fatalities. So, I think in the next couple of weeks, we'll see some fatalities."

He said that eight or nine out of 10 patients with severe risk of infections were unvaccinated.

"Now, we're seeing some breakthrough (those previously vaccinated) infections there. For the most part, for the vast majority of the breakthrough infections are not as severe as the infections in the unvaccinated. So, we can also expect more cases as people go indoors, and they gather. And then as people go to holiday gatherings."

LEVEL OF OMICRON SYMPTOMS

Lesho said Omicron symptoms are similar to previous variants.

"If you're fully vaccinated or you got an infection and then you got vaccinated, you might have very minimal symptoms and you might test positive for various reasons," he said, "So, but you could have -- it starts out typically as a loss of taste plus smell and like a fever, nausea ... COVID can present in many different ways. It can present as a gastrointestinal illness or a respiratory illness. So, the typical symptoms of the prior strains are what we expect this to present as well."

Photo courtesy of WHEC-TV.

Fire protection deadline extended as Oakfield town, village boards prepare for mid-December meetings

By Mike Pettinella

Oakfield town and village supervisors are hopeful that discussions at mid-December board meetings lead to a revised fire protection service agreement.

Attorneys for the two municipalities – Megan K. Dorritie of Harter Secrest & Emery LLP, Rochester, who is representing the village, and Craig Welch of Lacy Katzen, Rochester, who is representing the town – have been working on what looks to be a compromise from the previous contract.

Town Supervisor Matt Martin today said the deadline imposed by the Village Board to get a deal done has been extended from Nov. 30 -- at least until after the town and village boards could meet to review the proposed changes.

Dorritie, also contacted today, would not say when the new deadline date is, and would not answer any other questions.

The Village Board is scheduled to meet at 6:30 p.m. Dec. 13 at 39 Main St., while the Town Board is set to convene at 6:30 p.m. Dec. 14 at 3219 Drake St.

Town and village leaders have been at odds for several months over the agreement, which has called for the Oakfield Volunteer Fire Department – owned by the village – to provide fire protection service to town residents for an annual fee.

The current pact calls for the town to pay 58 percent of the operational and equipment costs and the village to pay the other 42 percent.

Village Supervisor David Boyle reported back in September that the town had not paid its bill for the 2020-21 fiscal year – in excess of $78,000. Martin and the town board contested the fee structure and has requested that the agreement be renegotiated.

Gas prices down, trend expected to continue

By Press Release

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.39, down two cents from last week. One year ago, the price was $2.13. The New York State average is $3.56 – down one cent from last week. A year ago, the NYS average was $2.23. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $3.45 (down two cents from last week)
  • Buffalo - $3.47 (no change from last week)
  • Ithaca - $3.52 (no change from last week)
  • Rochester - $3.53 (no change from last week)
  • Rome - $3.58 (no change from last week)
  • Syracuse - $3.50 (down one cent from last week)
  • Watertown - $3.60 (no change since last week)

Gasoline demand increased over the Thanksgiving holiday, but oil prices are now closer to $70 per barrel rather than $80 per barrel so pump prices are steady. Total gasoline stocks are down and that coupled with high demand would normally mean increased gas prices, but the drop in crude oil prices helped to stabilize pump prices. Last week, President Biden announced that the federal government would release oil from the U.S. Strategic Petroleum Reserve (SPR), which was coordinated with the release of oil from other major crude consuming countries. As a result, drivers could see some price relief at the pump over the coming weeks, but they should expect prices to remain higher than last year’s holiday season and in 2019.

From Gas Buddy:

"Gas price declines are slowly picking up momentum. With oil's recent fall and the jury out on a new Covid variant, Omicron, we could be in store for lower prices based on many countries turning back to travel restrictions, limiting oil demand and potentially accelerating the drop in gas prices," said Patrick De Haan, head of petroleum analysis for GasBuddy. "There remains a very high level of uncertainty ahead of us as OPEC has also delayed its meetings to await more market movements and information on Omicron. But so far, Americans can expect the new variant to push gas prices even lower. Beyond the next few weeks, it remains nearly impossible to predict where oil and gas prices will head, though turbulence is guaranteed."

Photos: Drive-thru Christmas light at steam show grounds in Alexander

By Howard B. Owens

the Western New York Gas & Steam Engine Association is hosting its second-annual drive-thru Country Christmas Light display at the showgrounds, 3000 Walker Rd., Alexander.

The show is on display every Friday and Saturday night through Dec. 18 from 5 to 9 p.m.  

The cost is $10 per vehicle and $20 for larger vans and buses (cash only).

For more information like our Facebook page or visit www.alexandersteamshow.com

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Grand Jury Report: Man accused of using a knife to cause serious physical injury

By Howard B. Owens

Michael T. Martinez is indicted on two counts of criminal possession of a weapon in the third degree, attempted assault in the second degree, assault in the second degree, menacing in the second degree, and two counts of harassment in the second degree. Martinez is accused of possessing a knife and a metal pipe on July 21 with the intent to use it against another person.  He is accused of attempting to cause serious injury to another person. He is accused of causing serious injury to another person. He is accused of having unlawful physical contact with two different people.

Shacerie M. Rivera is indicted on counts of assault in the second degree, criminal possession of a weapon fourth, and obstructing governmental administration.  Rivera is accused of using a knife on July 13 to cause serious injury to another person.  Rivera is also accused of using force to prevent a government agent from performing the agent's lawful duties.

Pamela A. Morrow is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Morrow is accused of driving drunk July 21 on Linwood Road, Le Roy while having a prior DWI conviction within 10 years.

Justice C. Coniglio is indicted on counts of assault in the second degree, resisting arrest, and obstructing governmental administration.  Coniglio is accused of causing physical injury to a police officer while the offer was carrying out official duties.

Jason M. Fitzpatrick is indicted on counts of criminal possession of a weapon in the third degree, criminal mischief in the third degree, obstruction of governmental administration in the second degree, and unlawful fleeing a police officer. Fitzpatrick is accused of possessing a billy club at a location on Fox Road, Oakfield, on May 24, with the intent to use it against another person.  He is accused of damaging crops in a field with a value exceeding $250. He is accused of preventing a police officer from performing official duties and of fleeing from the police officer.

Jarrett C. Coniglio is indicted on counts of aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree. Coniglio is accused of driving without a license and while drunk on Judge Road, Alabama, on May 7. He is accused of signing the name "Grayson B. Ground" on official government documents in an attempt to conceal his real identity.

Shawn D. Myers is indicted in counts of criminal sexual act in the first degree, of sexual abuse in the third degree, and sexual misconduct. Myers is accused of engaging in anal sexual conduct by forcible compulsion and of sex with another person who was incapable of consent because the person was less than 17 years old.

Michael L. Jackson, Jr., is indicted on counts of burglary in the first degree, strangulation in the second degree, assault in the second degree, unlawful imprisonment, and assault in the third degree. Jackson is accused of entering a dwelling with the intention of committing a crime and causing a physical injury to another person in the dwelling by means of strangulation. 

Alex S. Dumbelton is indicted on counts of aggravated family offense and two counts of criminal contempt in the second degree. Dumbleton is accused of violating court orders.

Melton J. Chisom is indicted on counts of criminal possession of a weapon in the third degree, menacing in the second degree, and assault in the second degree. Chisom is accused of possessing a knife with intent to cause serious physical injury on June 24 in the City of Batavia and did allegedly injury another person.

Robert L. Williams is indicted on counts of felony DWI, felony driving with a BAC of .08 or greater, and aggravated unlicensed operation.  Williams is accused of driving drunk in the City of Batavia on June 13 while having a prior DWI conviction within 10 years.

Aaron J. McFollins is indicted on counts of grand larceny in the fourth degree, identify theft in the third degree, and petit larceny. McFollins is accused of stealing a Discover card belonging to another person and using to it obtain goods.

Justin P. Porter is indicted on counts of criminal possession of a controlled substance in the third degree, conspiracy in the fourth degree, tampering with physical evidence, criminal possession of a controlled substance in the seventh degree, false personation, and obstructing governmental administration.  Porter is accused of possessing cocaine on April 11 in the Town of Bergen with the intent to sell it.  He is accused of trying to conceal evidence. He is accused of misrepresenting his real name. He is accused of trying to prevent a government official from performing his official duties.

Nicholas M. Maher is indicted on a count of murder in the second degree.  Maher is accused of killing Martin D. Maher on Oct. 15 in the Town of Oakfield.

Roger K. Brinkman is indicted on 52 counts of rape in the first degree and 64 counts of sodomy in the first degree. Brinkman is accused of having sexual intercourse with a person multiple times between July 2020 and June 2021 by forcible compulsion and of engaging in deviate sexual intercourse with another person who was not married to the Brinkman through contact with Brinkman's mouth and the victim's vulva by forcible compulsion on multiple occasions.

H.E. Turner Funeral Homes announces annual Service of Prayer & Remembrance

By Press Release

Press Release:

H.E. Turner & Co., Bohm-Calarco-Smith, and Burdett & Sanford Funeral Homes proudly present their 25th Annual Service of Prayer & Remembrance at 7 pm on Wednesday, December 8 at the First Presbyterian Church of Batavia300 East Main Street.

For those who wish to participate from home, the service will live streamed as well via the funeral home's website.

“We hear from families how the service helps them through their grief, especially during this time of year," said Joshua Smith, of H.E. Turner & Co. Funeral Home. "For some of these families it will be their first year participating in the service, which means it is their first Christmas without their loved one, and for others, they come back year after year.” 

A candle in memory of your loved one will be lit prior to the start of the service and remain that way throughout.

As always, one candle will be provided per deceased loved one and will be given to attendees at the service. Those that choose not to attend but would still like a candle to participate from home, please call the funeral home to arrange pick-up.

Call (585) 344-4295 to reserve your candle by Friday, December 3. There is no cost for a candle and all who experienced the pain of loss are welcome to participate regardless of who took care of your loved one and arranged their funeral service.

The ecumenical service will combine music, prayer, Scripture reading, reading of the names of your loved ones & tolling of the bell in remembrance, and a message of hope by Reverend Dr. Roula Alkhouri.

To register the name or names for your candle please call H.E. Turner & Co. Funeral Home at (585) 344-4295 or register online at www.bataviafuneralhomes.com by Dec. 3.

Wreaths Across America comes to Genesee County to honor veterans

By Joanne Beck

Several years of volunteer time, energy and collaboration will come together next month for a wreath-laying ceremony at Western New York National Cemetery in Corfu.

The cemetery was officially opened in December 2020, and now for the first time, it will play host to a Wreaths Across America ceremony featuring Keynote Speaker and Medal of Honor recipient David Bellavia, the laying of wreaths for at least 700 fallen soldiers, and an Honor Guard, Public Affairs Chairman Patrick Welch said.

“This is the first year, and we feel we’re doing fairly well,” he said to The Batavian on behalf of the cemetery’s council. “We’re at 530 wreaths purchased … from everywhere in Western New York. We’re looking to sell around another 200 by the close of business on Monday.”

Yes, the clock is ticking to buy a wreath for a veteran’s grave. The deadline for orders is Monday, Nov. 29. People have the option to lay the wreath themselves during the event or someone else will take care of it. This link ensures that wreaths purchased are designated for Western New York: www.wreathsacrossAmerica.org/NY0368P

The Western New York National Cemetery Council, classified as a 501 (c) (3) nonprofit,  will receive $5 from each wreath purchased. Proceeds will go toward necessary items not provided by the Department of Veterans Affairs National Cemetery Administration due to a lack of resources or legal restrictions, Welch said.

He gave two examples of such necessary purchases. The VA provided a construction trailer to house Honor Guardsmen in between funeral services. Only thing was that it was empty, so the Council had to buy furniture, a refrigerator and/or coffee pot so the Honor Guard could keep warm and relax for a while before heading out again. Another need was for some type of vehicle to transport the guardsmen — who are typically 60 to 80 years old — around the cemetery to designated gravesites.

“So we had to go out and raise money to get golf carts so that we can transport the honor guard around the cemetery through the services,” Welch said. “Those are just a couple of examples.”

Wreaths are $15 apiece. If more wreaths are purchased than needed, the credit will go toward a purchase for next year’s ceremony and burials, he said. The ceremony is open to the public, and Welch recommends that visitors show up early, as seating is limited. Visitors may want to bring a lawn chair to ensure seating for the event.

There is to be a multi-phase development of the cemetery, which will include a columbarium to house cremations on-site. That project and other additions are set to begin in 2022, said Welch, a retired U.S. Marine from Amherst. Although he has been working on this effort for several years, it isn't about him, he said. 

“It’s about the cemetery and those that served this country,” he said. 

Wreaths Across America started as a simple gesture of thanks, organizers said in a news release. The effort has grown into a national movement of dedicated volunteers and communities coming together to "not only remember the nation’s fallen and honor their service but to teach the next generation about the sacrifices made for us to live freely," it stated. This year, there will be more than 2,500 participating locations placing wreaths on National Wreaths Across America Day – Saturday, Dec. 18, 2021 – with more than two million volunteers coming together.

“We are forever grateful for the thousands of supporters who dedicate their time and effort to fulfilling our mission on a local level,” said Karen Worcester, executive director of Wreaths Across America. “These individuals and their communities know the value of remembering the fallen, honoring those who currently serve, and teaching the next generation about the sacrifices made for our freedom every day, and without their continued support, Wreaths Across America would not exist.”  

In May 2014, the Department of Veterans Affairs National Cemetery Administration purchased 132-acres in Corfu for $625,000, and acquired two additional parcels of land in 2018. Western New York National Cemetery is a 269-acre Department of Veteran Affairs national cemetery located at 1254 Indian Falls Rd. and Route 77, Corfu.

The council sought permission to include an Avenue of Flags and was granted permission as only one of three cemeteries to have one. The flags hold special significance as having been draped over veterans' caskets and donated for this purpose. 

According to the WNY cemetery website, it serves the needs of more than 98,000 veterans, spouses, and eligible children within a 75-mile radius of Batavia. For more information about the cemetery, go to:  https://www.cem.va.gov/cems/nchp/WesternNewYork.asp#hi

Top photo: The Avenue of Flags, Honor Guard and entrance at Western New York National Cemetery in Corfu. Photos submitted by Patrick Welch

BPD looking for witnesses to disturbance at Tops

By Press Release

Press release:

The Batavia Police Department is investigating a disturbance that occurred at Tops Markets this morning at approximately 10:55 a.m.

Batavia Police are attempting to locate and identify any witnesses to the disturbance that occurred inside of the store involving two or three adult males.

If you were inside and witnessed the altercation, please contact Officer Girvin at (585) 345-6350, or submit a tip through this site.

Former City Schools employee accused of producing and distributing child pornography

By Howard B. Owens
Derek Hagen

A 29-year-old resident of Batavia, and teacher in WNY, has been accused by Federal authorities of producing and distributing child pornography.

Derek Hagen faces from five to 30 years in Federal prison if convicted.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in September 2020, Snapchat sent a cyber tip to the National Center for Missing and Exploited Children (NCMEC) regarding a user that had uploaded images of child pornography to a group chat. After tracing the user to Western New York, NCMEC alerted the New York State Police, who subsequently identified the defendant.

On July 20, investigators confiscated two computers and a cell phone from an apartment Hagen kept in Mount Morris.

A forensic analysis uncovered a pattern of child exploitation activity on the devices with the defendant actively producing and distributing child pornography in online chats.

During the chats, Hagen and the other individuals traded child pornography and discussed specific children that they had sexually abused or wanted to sexually abuse. To date, analysts have allegedly recovered approximately 50,000 images and videos of child pornography on Hagen’s devices.    

The complaint further states that the defendant worked in several teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Members of the public who have information related to this case are asked to contact Homeland Security Investigations at (716) 464-6070 or hsibuffalotips@ice.dhs.gov.

The criminal complaint is the result of an investigation by the New York State Police, under the direction of Major Barry Chase, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, and the National Center for Missing and Exploited Children.           

Genesee Symphony Orchestra Friday Night Christmas Concert at HLOM

By Press Release

Press release:

Join us Fridays at the Holland Land Office Museum during our 20th Annual Wonderland of Trees, sponsored in part by Tompkins Bank of Castile and WBTA, to be serenaded by groups of musicians from the Genesee Symphony Orchestra. On Friday, November 26th, December 10th, and December 17th from 6-8:30 various members of the GSO will bring the holiday spirit to the Holland Land Office Museum. November 26th will feature a brass quartet; December 10th a cello and French Horn duet; December 17th a flute quartet. Tickets to the concerts are $5 or $4 for museum members. Tickets are limited to 20 people due to space. Masks are required.

Differing county-level decisions about pandemic issues creates issues for schools

By Howard B. Owens

One of the tricky issues for the Le Roy Central School District in navigating protocols during the age of COVID is that neighboring jurisdictions often have different requirements than present in Genesee County, Superintendent Merritt Holly informed the Board of Education on Tuesday.

For example, at the start of the new year, RIT will require every person who comes on campus for any event to show proof of vaccination.  That means every coach and athlete from Le Roy who participates in winter track and field will need to be vaccinated in order to compete in events at RIT, even though Le Roy doesn't have a vaccine requirement.

Any team that wins enough and reaches state championship athletic events will find every participant must be vaccinated to compete.

A memo Holly provided to school board members provides a timeline of shifting rules and guidance as knowledge of the pandemic has evolved and health leaders have sought to provide the best guidance as possible.

That has sometimes created confusion, Holly acknowledged. 

"One piece of thought, again, schools from county to county, interpretations of what this course is, this space, this contact tracing, so on so forth, can be different," Holly said. "Therefore, it can cause issues, equity issues, questions of why. But I think the bottom line is the data should then show are these measures working to keep us in school."

The briefing, Holly said, was to enable board members to get a complete picture of what is going on so they can come to the board's December meeting with any questions they might have at that point.

To read the full memo, click here (pdf).

Possible injuries in motor vehicle accident on West Main, Batavia

By Howard B. Owens

A two-car motor vehicle accident is reported in the area of 229 West Main St., Batavia.

Possible injuries. A pregnant female is reported as one of the occupants.  Medics requested to the scene for evaluations.

City Fire and Mercy EMS dispatched.

UPDATE 5:13 p.m.: One minor injury, requesting an evaluation.

UPDATE 5:20 p.m.: The vehicles have been moved into a parking lot.

City of Batavia seeks residents to fill boards and committees

By Press Release

Press Release:

The City of Batavia is looking for residents of the City of Batavia to fill seats on various boards and committees.  There are several openings on boards and committees within the City and we are seeking interested candidates to join these decision-making and advisory bodies.

Signing up for boards and committees is a great way to help the community and to develop your personal leadership skills.  Volunteering will also build your personal self-confidence and skill set in team building.  

Current openings include:

Board of Assessment Review

Positions with the BAR are available for volunteers. These members will preside over grievance day and hear formal grievance complaints from businesses and residents of the city regarding their assessments.

Community Garden 

Members of the Community Garden meet to plan activities related to the upkeep and maintenance of the community garden. 

Historic Preservation Commission

The Historic Preservation Commission is responsible for the protection, enhancement and perpetuation of landmarks and historic districts.  

Plumbing Board

Oversees all aspects of city plumbers and participates in formulating a code of rules regulating the work of plumbing and drainage in the City.  Applicant must be a Master Plumber.

Youth Board

The Youth Board provides leadership development programs for youth, increases youth outcomes by providing a variety of programs, services and activities.  

Zoning Board of Appeals

Hear appeals when a person believes a variance should be made for their property.  

Applications are available at the City Clerk’s Office or online at https://www.batavianewyork.com – Find It Fast – Committee / Board Volunteer Application    

 

Genesee County has no plans to follow other counties with additional COVID mandates, restrictions

By Press Release

Press release:

“While we remain committed to the health and safety of our communities, Genesee and Orleans County will not be creating or implementing any new mask or vaccine mandates at this time.  We believe new mandates will only push residents into private settings where spread will still continue but local businesses will suffer.  For almost two years, businesses across the region have taken various measures to protect their workplaces and we trust them to do the same at this time.”

“We recognize and are concerned about rising infection and hospitalization rates, which is why we continue to strongly encourage our businesses and residents to continue to follow CDC recommendations and mitigation strategies such as practicing social distancing, wearing masks, and getting vaccinated, including booster shots. It is also important to note that those who become infected and those who are symptomatic should immediately isolate.”

“Finally, the state needs to provide greater testing resources for our schools and community as a whole, both for symptomatic and asymptomatic individuals.  This is important as those we can identify as Covid-19 positive can be quickly isolated to help prevent spread.  Local governments alone cannot be expected to find and procure all of the test kits needed between the school and community needs.”

Farmers warn of last Thanksgiving with locally grown New York produce

By Press Release

Press release:

Today, local farmers and farm workers from across New York State warned state officials and all New Yorkers this Thanksgiving risks being the last with diverse and abundant locally grown New York products that we’ve all come to love. An imminent State Wage Board meeting will decide whether the overtime threshold for farmworkers will be further reduced to 40 hours, threatening access to the local produce that fills our Thanksgiving tables.

A recent report by industry expert Farm Credit East forecasts a gloomy economic future for New York farms if the threshold is lowered from 60 hours to 40, with impacts extending into local communities. And key findings estimate mandatory overtime pay at the 40-hour threshold for agricultural employees in New York State would result in increased agricultural labor costs of approximately $264 million per year, an increase of 42%. Many New York farms will not survive and the industry risks ultimate collapse.

Farms will be forced to switch to less labor-intensive crops, like corn or soybeans, or cease operations all together, causing farmworkers to lose work and turn to neighboring states that don’t restrict their hours. The Grow NY Farms coalition has been sounding the alarm around New York State and urges the wage board to listen to farmworkers and farmers and maintain the 60-hour overtime threshold.

Comprised of more than 33,500 farms, New York is a leading producer of cottage cheese, apples, cabbage, milk, grapes, wine, maple syrup and cauliflower. In fact, each year New York farms produce*:

  • 1.385 billion pounds of apples
  • 15 billion pounds of milk
  • 561.6 million pounds of cabbage
  • 287.5 million pounds of sweet corn
  • 9.9 million pounds of tart cherries
  • 70 million pounds of pumpkins

*According to the USDA 2020 State Agriculture Overview

On top of that, farming is a boon to the economy. The total economic contribution of agriculture to the state, measured as direct sales, indirect backward linkages, and induced effects from direct sales, is $65.2 billion, approximately 2.5% of the state’s total sales. In addition, farming in the state supports 269,683 jobs—163,148 jobs were direct employment and 106,535 jobs are generated indirectly or through induced effects. This represents approximately 2.1% of the state’s employment based on a 2019 study from the Charles H. Dyson School of Applied Economics and Management at Cornell. 

“The Thanksgiving holiday serves as a time to reflect and give thanks for the bountiful harvest New Yorkers come to expect each year. This year, New York State must not take for granted local access to fresh food that is provided yearly by farms across the state. My farm, and farms just like it, have been putting food on tables for generations. I hope I am able to continue to do so for many years to come and my children are afforded the same opportunity. However, if the overtime threshold is lowered, our family will be faced with some very tough decisions that will ultimately impact how we continue our business. We want to continue to work hard and feed New Yorkers, but if the Wage Board lowers the overtime threshold, they will essentially be making the decision for many farms like us,” said Jason Turek of Turek Farms in Cayuga County.

“The holiday season is always a busy and fulfilling time of the year for our farm. However, this season that we look forward to, could be gone forever. Lowering the threshold to 40 hours would economically devastate our diverse agriculture community. Next Thanksgiving, tables won’t be filled with New York-grown products, but instead apples from Washington and dairy products from Wisconsin. It’s unsettling knowing that next year we may be facing a very different harvest and holiday season. The wage board must uphold the 60-hour threshold for farmworkers and support New York’s agriculture community for a future worth being thankful for,” said Mark Henry of WD Henry and Sons in Erie County.

“As families gather around their tables this week, I urge them to take stock of the bountiful meal they are enjoying and fresh products from New York farms. Fall harvest is one of the busiest times of year for our farm but this may be the last time we are able to meet demand. A lowered overtime threshold would force us to make significant cutbacks just to keep our doors open. New York State must realize that a lowered overtime threshold will only mean harm to farmers and farm workers, who depend on adequate hours to plant and harvest our vegetable crops on time and maximize farmworker earnings,” said Eric Hansen of Hansen Farms in Ontario County.

Locally owned farms grow and produce the food that feeds families across New York. Economic constraints resulting from a lowered overtime threshold will be directly felt by the consumer and the surrounding local community. Farmers' markets, farm-to-table restaurants, and essential programs like Nourish New York will be forced to turn to out-of-state farms to continue operations.

Prior to the adoption of the 60-hour overtime threshold, the industry standard for farmworkers was 80 hours during peak seasons. This practice reflected the fact that the agricultural industry includes labor-intensive periods during harvests and for the constant care of animals. In 2019, the lowering of the threshold to 60-hours served as a compromise, finding a workable solution for farmers and farm workers. Lowering the overtime threshold below 60 hours disregards the compromise, forcing farmers who negotiated in good faith to fight for their industry’s survival once again.

In the coming weeks, the New York State Wage Board will revisit the 2019 Farm Laborers Fair Labor Practices Act’s 60-hour overtime threshold for farmworkers and determine if an adjustment to 40 hours will be necessary. For more information on the group’s efforts, please visit https://grownyfarms.com/.

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