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Genesee County’s new Information Technology director made a favorable impression upon county legislators at Wednesday’s Ways & Means Committee meeting when he presented a resolution that came with a zero financial impact.

Batavian Michael Burns, (photo at right), who began employment with the county on May 24 after more than 20 years at the Rochester Institute of Technology, requested that lawmakers approve acceptance of a cell phone booster that will improve reception at County Building II on West Main Street Road.

The booster is being provided at no charge by Verizon Wireless, which has an agreement with the county for installation, maintenance and operation of the in-building coverage system.

It was Burns’ first request of legislators, who forwarded the resolution to next week’s meeting of the full board.

Burns thanked legislators for the opportunity to work in his hometown and was welcomed by Legislature Chair Rochelle Stein, who voiced her pleasure that his initial resolution didn’t cost the county any money.

Previously (feature story on Burns from April 30): Batavia resident accepts Genesee County information technology director position after long career at RIT

In other action, the committee:

• Approved using $21,250 from the 1 percent sales and use tax reserve to purchase body cameras, docking stations and annual licenses for road patrol for the Sheriff’s Office. Apparently, the request was made last year but was not transferred to the county’s 2021 budget.
• Accepted a grant for $50,099 from the state Department of Health and Health Research Inc. for the county’s Public Health Emergency Preparedness Program, starting on July 1 and extending through June 30.

While more of a “behind the scenes” aspect of municipal government, a Code of Ethics and Annual Financial Disclosure Statement are essential in educating public employees and public servants of expected standards of conduct and potential conflicts of interest.

The Genesee County Legislature’s Ways & Means Committee this afternoon, following the lead of County Attorney Kevin Earl, took a step toward unifying its Code of Ethics by setting a public hearing on Local Law Introductory No. 2, Year 2021, to repeal and replace the county’s current Ethics and Disclosure Law.

The public hearing is scheduled for 5:30 p.m. June 23 during a meeting of the full legislature at the Old County Courthouse.

Earl said this measure is being taken not because the current Code of Ethics is inadequate but to merge the various aspects of the code into one document.

“Currently, the Ethics Law and the Annual Financial Disclosure Statement came about in a Local Law in 1990,” Earl said. “The Local Law was amended two times by other Local Laws (in 1991 and 1992), so one of the problems is that when you want to find out what’s current, you have to toggle – go back and forth – between three Local Laws, which makes it difficult.

“So, the main purpose of this is to put everything in one Local Law; everything is right there and you can see everything in one place.”

Earl said that he updated some of the language in the code and disclosure statement, basing the county document on the New York State Comptroller’s Office model ethics code.

“We almost quoted it word for word – except for items that apply specifically to Genesee County,” he said.

According to General Municipal Law, officers and employees of a municipality are prohibited from having certain conflicts of interest, and each municipality is required to adopt a Code of Ethics covering disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other applicable standards.

The Genesee County Code of Ethics and Annual Financial Disclosure Statement, which must be filled out annually by designated county employees and members of specific boards and committees. Approximately 125 people currently are required to adhere to the code and submit the financial statement.

Sections of the updated document include:

• Repeal and Replace. Local Law Introductory No. 2, Year 2021, would repeal and replace the original code and the ensuing amendments;

• Code of Ethics. This is the section that spells out requirements for county employees and appointees, and includes: term definitions; applicability; prohibition of using a municipal position for personal or private gain; disclosure of potential conflict of interest; procedure for recusal or abstention; investments and/or private employment in conflict with official duties; future employment; personal representation; use of municipal resources; interest in contracts; nepotism; confidential information and gifts.

• Board of Ethics. This defines the committee that is appointed by the County Legislature and will render advisory opinions to officers and employees with respect to the General Municipal Law governing any Code of Ethics.

• Financial Disclosure and Annual Statements of Disclosure. This section defines the terms used and reporting categories along with the procedures and key dates for filing the annual statements with the Clerk of the Legislature.

• Whistleblower Protections. This part indicates the county’s prohibition of illegal or unethical activity, and safeguards any employee who reports such activity from being discharged, discriminated against or from being subject to retaliation.

• Penalties. Anyone making false statements can be fined, disciplined or discharged from their duties, but an appeals process that brings in the Board of Ethics is in place.

• Effective Date. The new Local Law shall take effect upon proper filing with the Office of the Secretary of State.

In another development, County Manager Matt Landers reported that the county has received the first half of its $11.1 million allocation from the American Rescue Plan Act.

The exact total going into the county coffers is $5,562,984.50. The second half will be distributed in 12 months.

Previously: Landers outlines four areas to use ARPA funds, says plan to spend $11.1 million is on the drawing board

Press release:

Sheriff William A. Sheron Jr. announced this afternoon that he is reinstating in-person inmate visitation at the Genesee County Jail effective Saturday, June 12 beginning at 12 p.m.

The Genesee County Jail will be adhering to the following guidelines to prevent the risk of exposure to the novel coronavirus (COVID-19) to employees, inmates and families:

• Only inmates not on a COVID-19-related quarantine or isolation will be able to receive visitors;
• Visitors are required to bring their own mask and must wear the mask during the entire visitation;
• Visitors will be screened upon entering the facility (temperature check, series of questions, etc.);
• The maximum amount of visitors per inmate is (2) two;
• The maximum number of inmates receiving visitors at one time is (2) two;
• All visitors must provide acceptable picture identification.

The visitation schedule is as follows:

Monday – Thursday / 12 - 7 p.m.

Friday / NO VISITS

Saturday / 12 - 7 p.m.

Sunday / 12 - 2 p.m. and 4 - 7 p.m.

Visits are on a first-come, first-served basis every hour during the times listed above.

Appointments are highly recommended and can be made in advance by calling the Genesee County Jail at 343-0838. Additions to a visit must be made 24 hours prior to the time of the scheduled visit.

All visitors must sign in separately and fully list all information requested on the visitor sign in form. Visitors under 18 years of age must be accompanied by parent or legal guardian with acceptable photo ID.

An Alexander Central School eighth-grader’s design promoting agriculture and the people who work to get crops from the field to the table received the most votes in the Genesee County Flag Contest conducted by the county planning department.

Riley Wall, (photo at left), a student in Karen LaDuke’s art class, created a flag that shows a healthy ear of corn supported by two different color hands in a tapestry of blue sky and green fields.

Her entry edged out four other finalists in the children’s contest that had citizens vote on the Genesee 2050 website in March and April.

Riley, 13, said she participated in the project as a class after it was suggested by her teacher.

"I think I came up with the design just because I knew that as a county we are very toward agriculture and being part of a community. So, that's why I included a piece of corn and the diversity of it," she said.

She said it took her one or two days to complete the work, with the design in her initial thought process continuing through the finished product.

County Planning Director Felipe Oltramari said Riley’s flag is worthy in that it recognizes the value of farming, Genesee County’s No. 1 industry.

“It represents our agricultural base and symbolizes the importance of farmers, local food and also the diversity of our farming community,” he said.

The winning flag will be flown on June 14 – Flag Day – at the Genesee County Courts Facility as the county flag for a day, Oltramari said.

“We’re still finalizing plans but it looks like there will be a commendation -- with the flag flying at the Courts Facility Building -- and a ceremony outside, either before or after the legislature’s Public Service Committee meeting,” he said, adding that Riley and her family will be invited to attend.

Riley said she is looking forward to the event.

"I think this will be a really good experience for me," she said, adding that the outcome of the contest has inspired to take art more seriously. "When I was younger, I used to draw a lot. Now, I don't draw as much but I think that since I did this thing, I think I'm going to start getting more into it."

Oltramari said he is working with a flag company to make sure it is ready by June 14.

As far as the adult contest to determine the new county flag is concerned, Oltramari said he is waiting on the legislature, which is taking a close look at the five designs deemed as finalists.

Oltramari said his research indicates that all New York State counties, except for Livingston, have the county seal on their flags. He said the reason for that is because if it didn’t have the county seal, people wouldn’t be able to identify it.

Photos and information from Kaylynn Hopkins:

My two best friends and I are all pregnant literally days apart from each other. It’s such a miracle so we are sharing it on The Batavian.

McKenrick wrote her friends:

"Who wouldn’t want to share their pregnancy with their best friends!? Who would have thought our babies would be due days apart? I loved growing up with you two and I can’t wait for our babies to have that same friendship!"

Predicted due dates: July 28th (Kaylynn Hopkins), July 30th (Anmarie Maher), and July 31st (Danyelle Brinkman).

#bestfriends #futurebesties #family

Photos and information from Patti Chadwick:

Missing from the Williams Street / Otis Street area in the City of Batavia is a beloved pet cat named Darrell.

Short hair, black, with a few white hairs on his chest.

No collar. Declawed and neutered male. Indoor cat.

Friendly, but may be afraid since he isn't used to being outside.

If you find him or even see him in your area, please call or text (585) 297-3009.

Press release:

The executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse said he feels fortunate that the agency’s detoxification building project on its campus at 430 E. Main St. has yet to hit any major supply delays and he's excited about the prospect of opening the 20-bed facility ahead of schedule.

“It’s an 8,600-square-foot building that will house four people on the first floor and 16 on the second floor (two per unit) for short-term detox – five to seven days,” John Bennett said. “It will be connected to the back of the Atwater Home and, when finished, will continue the look of that structure.”

Javen Construction, of Penfield, is the general contractor for the venture, which broke ground in January.

Bennett said the detox center originally was scheduled to open in December, but could be moved up a couple months.

Amber Gorzynski, a construction field representative with the Dormitory Association of the State of New York’s Buffalo office, said lag time to get materials hasn’t been an issue.

“So far the lead times have been similar to we had before COVID,” she said. “We’re scheduled for December but we’re hoping to beat that.”

Gorzynski said she is looking forward to turning the building over to GCASA.

“It’s needed and I just appreciate that I am part of this,” she said.

Tim Ryan, superintendent for Javen Construction, said the outside walls are finished and inside insulation has been installed, setting the stage for fire inspection in the coming days.

Subcontracting work is being done by local companies, such as Turnbull Heating & Air and Genesee Plumbing.

The facility will be open to Western New York and Finger Lakes Region residents.

Photo at top: The front of the detoxification center under construction at Genesee/Orleans Council on Alcoholism and Substance Abuse campus on East Main Street. Photos at bottom: The connection of the new building with the existing Atwater residential facility; the area where the first-floor dining room will be located.

While Genesee County leaders place conserving water at the top of the priority list, they also are looking at water storage as another step to making sure the supply is able to meet the demand during those extremely hot summer days.

County Engineer Tim Hens reported to legislators Tuesday that water storage does help with peak day requirements and pointed to several corresponding actions currently taking place.

“The addition of the new 750,000-gallon tank in Elba will be beneficial for the entire system as it comes online this summer,” Hens said. “Additionally, large industries in Genesee County are looking to add onsite tanks at their facilities that will allow them to adjust their heavy pumping during peak periods.”

Hens said that he has been talking to CPL (Clark Patterson Lee) engineers about advancing some tanks/storage from Phase 3 of the County Water Project to Phase 2 (which is happening now) as quicker ways to deal with peak day demands.

The Monroe County Water Authority also is moving ahead on a project to build a ground storage tank in Pavilion along Walker Road at the old Village of Le Roy water treatment plant that will provide 700,000 gallons per day, he said.

“There is an opportunity for the county to participate and upsize this tank to 1.5 million gallons,” Hens said. “The county share to do this would be about $400,000 which I feel is a great deal and is something the water fund could easily handle.”

Hens said that MCWA also plans to adjust the hydraulic grade zones south of Le Roy and in the Village of Le Roy to be on the same … zone that feeds much of the “center” of the county.

“This would allow the new Pavilion tank to coordinate directly with the Temperance Hill (situated west of Stafford, close to Fargo Road Pioneer Cemetery) tanks,” he said.

Hens said that the county is willing to pursue this arrangement, adding that he expects this tank to be completed by the end of next summer.

Last week, county, City and Town of Batavia, Village of Oakfield, Village of Elba and county Health Department officials issued a bulletin asking residents to do their part to conserve water this summer.

Reasoning behind the request is that, despite county efforts to increase the supply, “rapid increases in residential district growth and increased agribusiness and industrial use” have resulted in demand outpacing supply improvements during the summer months.

Officials said that if voluntary conservation measures are unsuccessful, mandatory water conservation may have to be enforced. 

Hens said that the county is taking steps to save water by reducing or eliminating flushing on peak days, better communication on water storage tank levels and coordinating with contractors filling new water mains.

After weathering the storm known as the COVID-19 pandemic, the director of Mental Health & Community Services for Genesee County is placing a high priority on ending the locum method of providing psychiatric services to those in need.

Lynda Battaglia, speaking at today’s Genesee County Legislature Human Services Committee at the Old County Courthouse, said that in a perfect world, the county would have its own psychiatrist on the payroll.

“Ultimately, having a full-time psychiatry position instead of a locum (would be best),” Battaglia said. “We would have to find the money.”

A locum is defined as someone who fulfills the duties of another when absent or, as in the case of Genesee County Mental Health, when the agency is short-staffed.

Battaglia, during her yearly department review, reported that she can see both sides of an argument for and against a full-time psychiatrist, but finds more benefits than drawbacks.

“One benefit is continuum of care,” she said, noting that having the same doctor on site provides for consistent and continual treatment. “Whether it’s telehealth (remote), in person or a combination, having the same doctor five days a week (makes a difference).”

Her office, which consists of 65 employees, including 40 clinical staff, has used locum services to assist with psychiatric care.

She said the “pros” are working with an agency “that has been essential in making sure we are satisfied with our services” while the “cons” include the fact that sometimes the doctor is not a good fit, which forces a change and makes it more difficult for clients.

“We are on our third locum now,” she said. “Ideally, we should hire a full-time psychiatrist as a county employee to allow for stability within the agency and for the clients. This will be a goal for the upcoming year.”

When asked if other nearby counties had a full-time psychiatrist, she said some do and some mirror Genesee’s approach. She wasn’t sure about the annual salary, but speculated that it would exceed $100,000 with benefits.

Battaglia said the issue has been brought up to the Mental Health Community Services Board but has yet to be formally presented.

On other fronts, Battaglia reported the following:

• Clinical caseloads have reached 90 to 100 per therapist, an all-time high, but this is consistent with other counties in the state,” she said. Employees monitor their clients’ needs on a regular basis and close out cases as appropriate. “We are meeting the demand; however, this kind of pace leads to burnout,” she said. As of the end of March, the department was serving more than 1,700 clients – with a recent increase of almost 100 per month.

• Genesee County Mental Health is planning to open satellite offices at Oakfield-Alabama and Le Roy schools, bringing the total of schools to four and “more are in the works,” she said.

• The department will continue its collaboration with all Genesee County police agencies, with goals of creating a law enforcement mental health referral system, to provide additional training and to apply for a mobile access program (utilizing an iPad for mental health crisis response with police on site).

• For 2021, the department has reached 40 percent of its budgeted goal of 18,250 units of service, about 7 percent more than anticipated at this time of the year. She also reported that the state has restored $70,859 in funding to the department that originally was withheld in 2020 due to projections stemming from the coronavirus pandemic.

• Calling the past year as one of “unchartered waters which created feelings of anxiety, fear and worry,” she thanked her staff for pushing through to deliver services without any stoppage. “We were not immune to the anxiety and fears that the pandemic produced, but knowing the essential service we provided, we became resilient, creative and embraced the telehealth wave which kept us connected,” she said. She singled out Lynnell Schreiber, recently hired as an administrative officer, for helping to keep the department on track.

People on both sides of the solar fence – farmers who have signed on to lease their land and labor union representatives who are for it and longtime residents who are against it – expressed their views this afternoon at a public statement hearing on the application of Excelsior Energy Center LLC to construct the 280-megawatt, 1,600-acre Excelsior Energy Center in the Town of Byron.

The one-hour hearing took place via www.webex.com, with the audio livestreamed on YouTube.

A second hearing is scheduled for 6 o’clock tonight. Information needed to access the session can be found at the end of this story.

Administrative Law Judges Gregg Sayre of the Department of Public Service and Molly McBride of the Department of Environmental Conservation presided over the hearing, which allowed for brief statements (longer statements could be submitted via email or mail) but no question-and-answer period.

Sayre said that all comments in all forms will be considered by the New York State Board on Electric Generation Siting and the Environment (siting board) as it decides whether to allow the project to go forward.

The Byron Town Board already has indicated its support for the project, emphasizing that Excelsior Energy has committed to payments totaling $24 million to the municipality over a 20-year period.

A citizen-led organization known as Byron Association Against Solar, which includes Town Councilman Eric Zuber, has been outspoken in its opposition of the venture – citing disruption of the rural character of the community and the use of prime farmland.

The project also includes a 20-megawatt, four-hour duration energy storage system. Components would consist of solar arrays, access roads, buried and possibly overhead electric collection lines, energy storage and electrical interconnection facilities.

According to the siting board filing, additional facilities would consist of a new collection substation and 345-kilovolt switchyard, which would connect to the New York State grid and would be transferred to the New York Power Authority to own, maintain and operate.

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

Following is a summary of today’s public statement hearing:

Debra Buck-Leaton
Byron Town Clerk and owner of Lea-View Farms Inc.

Buck-Leaton contended that the solar project will provide many advantages to “our farming business and the community.”

She said that her family farm has been in operation since 1929, being passed down through three generations, and “has always prided ourselves in being good stewards of our land – preserving it for future generations.”

She said increased costs of farming are overwhelming and have led to insecurity.

“Many people have said that we are giving up prime farmland. Everyone needs to keep in mind that prime farmland is and can only be considered prime farmland if it is able to be farmed. If we can’t afford to farm the land, it can only be considered vacant land.”

She noted that revenue from NextEra (Excelsior Energy) will enable her family to make needed repairs to their buildings and equipment, and will enable the Town of Byron to “afford things that we never could have imagined.”

“With good leadership, the town will be able to be good stewards of our small town well into the future,” she said, adding that the local farmers involved with Excelsior Energy are committed to staying in the town and helping the community in the future.

James Vincent
Retired president/CEO of L-Brooke Farms and associated companies

Vincent said L-Brooke Farms has grown from 500 acres to 7,500 acres in his 55 years, covering land in six counties.

He said the company is an advocate “of green energy, integrated technology and the many advantages that the Excelsior Solar Project represents – not just because of having some of our lands involved in the solar leases, but what a dynamic and steady income stream means to our farm business model.”

He called these times as “unprecedented and challenging” for farmers, the town, school district and Genesee County” and for the economy and rural lifestyle.

Vincent said his operation pays more than $200,000 a year in local and school taxes … “but basing it on real estate taxation puts us in an unfavorable competitive position.”

“The community will benefit from this project, providing benefits that translate into less tax burden to agriculture -- the host benefit packages and the PILOT* agreement that are incorporated in it,” he said. “The importance of having solar for agriculture and associated services furthers our history of success in having diversity for our farm business.”

He said that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide opportunity for future generations.”

Vincent Albanese
New York State Laborers’ International Union of North America

Speaking on behalf of 40,000 men and women in New York who are members of the affiliated local union of LIUNA, Albanese said the union “would like to strongly encourage the swift approval of the Excelsior Solar Project as it pertains to these Article 10 (state law) proceedings.”

He said the union’s interest is two-fold – (1) the well-being of its members and ensuring that any project has a commitment to using local union workers and (2) that any project pertaining to the replacement of traditional fossil fuel jobs is being built in New York with New York local union workforce.

Albanese said NextEra has committed to using local union workers.

Barbie Starowitz
Star Growers

Starowitz, a longtime Byron resident, said that since 1932, her family has always wished to grow and maintain the land for generations to come.

“Excelsior Energy Center will not only support our farm for future generations … but will also provide new local revenue, new local jobs for our community and continue to provide us with the opportunity to support other farmers in our area,” she said. “Farm communities are stronger when we work together and we will continue to support activities pursued by others in our community, on our land.”

Starowitz said that Excelsior Energy Center will pump $37.4 million to the town, Byron-Bergen Central School District and Genesee County, and create 290 full-time equivalent jobs during construction, with 90 percent of those local workers.

She said diversification is essential to the survival of farmers, who depend on the weather to yield strong crops. She said that solar will provide a steady stream of income while not removing the land from potential future agricultural use.

Starowitz also commended Excelsior Energy Center for being available to the community throughout the process to provide “valuable information” and to answer questions. She said the entire Byron community of 2,300 people will benefit from the project.

Richard Colby
Landowner

Colby, who said as a young man he worked the land that has been offered for the project, emphasized the changing use of land and decrease in crop variety over years, especially in the Town of Byron.

“One thing that the solar will bring is jobs – well-paying jobs and added value to the community,” he said.

As far as the downside, Colby said it’s just the opposite as the land won’t produce noxious smells, won’t create a lot of traffic, won’t use chemicals or rely on fossil fuels, isn’t illegal, and won’t lower the real estate values.

On the contrary, he sees home values increasing as more money comes into the community.

Colby said only about half of his property will be covered by solar panels, and he is looking for other ways to diversify crops on the remaining land.

He said he sees the solar project as a complementary land use, not as a negative use.

Carmen Serrett Jr.
President of Laborers’ Union Local #435, Rochester

Representing about 600 working members, Serrett said union employees have been hampered over the last year due to COVID-19 and looks forward to high-paying projects such.

“It’s very important that local people are working on these projects as they earn their money, they spend money locally and are boosting each local economy,” he said, adding that he would like to see it move forward as quickly as possible.

Michael Bader
Business Manager, International Brotherhood of Electrical Workers Local Union #86

Bader said he represents 1,000 electricians, some of them in Genesee County, who support the project as it helps the state meet its clean energy goals and will create “good-paying careers for my members and other members of the local building trades.”

He also said it will create job-training opportunities for apprenticeships and, after construction, some long-term jobs for local people, such as mowing, plowing and maintenance.

Richard Glazier
Longtime Byron resident

Glazier said he is opposed as the panels would be placed on “mostly class one farmland, some of the best land in New York State.”

He said that droughts have pushed prices for corn and soybeans much higher, emphasizing the need to preserve good farmland.

Glazier suggested placing the panels on less valuable land, offering that renewable energy sources aren’t as desirable “as an adequate and affordable food supply.”

The panels also will cause “visual pollution” in the community, he said, and the size of the project in the small town will have a negative impact on the quality of life in the Town of Byron.

“It will never quite be the same,” he said.

He said he couldn’t fault the landowners for accepting Excelsior Energy’s offer. However, he said the Town Board is “enamored with the size of the payment in lieu of taxes” and said these projects are only available because they’re already being subsidized by the taxpayers of New York State.

Glazier also spoke about toxic chemicals in the panels and said that public sessions over the past months via Zoom were not adequate in providing information to all town residents; many of them who do not have internet access.

Jim Lamkin
Longtime Byron resident, BAAS representative

A 70-year resident of Byron, Lamkin has spoken out against the project “going on some of the best prime farmland in New York State” from the beginning.

He called BAAS a grassroots organization of longtime residents and business owners formed to prevent or limit the size of the Excelsior Energy solar system.

“We are not against solar energy but we are concerned that the placement of the solar panels is very close to residences and we are further concerned with the use of prime farmland,” he said.

Lamkin also said BAAS is “concerned that the solar project will disrupt the current and future productivity of the land, lower surrounding home and land values, will be an intrusive eyesore for the residents, and will have targeted and ripple effects in the surrounding agriculture-based economy.”

He mentioned that in December 2019, a survey was sent to about 900 Byron residents and 350 of them came back opposing the project.

He also said the applicant has failed to produce a plan that shows adequate screening of the solar arrays from residents’ views and is concerned about the potential long-term contamination of the soil.

Finally, Lamkin said the project is in “direct conflict” with the Town of Byron’s Comprehensive Plan that states that “maintaining the rural character is the most crucial factor,” along with preserving the agricultural base land and farms.

PUBLIC HEARING TONIGHT AT 6'OCLOCK

Electronic Access: www.webex.com;
Event Number: 129 881 6364
Password: June 1-6 p.m.
Phone-Only Access: (518) 549-0500
Access Code: 129 881 6364

OTHER WAYS TO COMMENT

All comments must refer to Case: 19-F-0299
Email: secretary@dps.ny.gov
Mail: Hon. Michelle L. Phillips, Secretary, NYS Board on Electric Generation Siting and the Environment. Three Empire State Plaza, Albany, NY 12223-1350
Phone: 1-800-335-2120
Electronic: www.dps.ny.gov - Click on "Search" at the top of the page; then enter 19-F-0299 into the "Search by Case Number" field; click on the "Post Comments" box at the top right of the page, enter comments and submit.

*Payment In Lieu Of Taxes

Press release:

Assemblyman Steve Hawley is joining his colleagues in the Assembly Minority in calling for the passage of a legislative package known as the “Restore Order” initiative, which would restore elements of judicial discretion eliminated by the “bail reform” law passed in 2019 by the Assembly Majority (A.5265).

The package would also increase the penalties for particularly hateful and violent crimes, such as shooting into a crowd (A.4259), among other measures. 

These bills were drafted in response to a widespread spike in violent crime that has persisted for months throughout the state, which Hawley and others attribute to limitations placed on the ability of local judges to exercise their judicial discretion by previously passed “bail reform” laws.

“We elect our judges for a reason, and it’s because they know us and they know the communities we live in,” Hawley said. “Bail reform has restricted judges from making decisions they know are most sensible for both the defendants before them and the collective well-being of the people and families that live in the surrounding area.

"The consequences of this law have been fatal for far too many New Yorkers who have senselessly lost their lives to increased acts of violence in our towns and cities. The bloodshed in our streets has gone on far too long, and it’s time we recognize bail reform as the dangerous failed experiment it really is.”

Press release:

Data Update – Covering May 28 through June 1:

Genesee County reporting three new positive cases of COVID-19.

• The individuals are in their 20s, 30s and 40s.
• Four of the current positive individuals are hospitalized.
• Eighteen of the previous positive individuals have completed their 10-day isolation and have been removed from mandatory isolation.
• We are saddened to report the loss of one community resident. The individual was under 65. We do not provide any further information to protect the privacy of the individuals and their families. Our deepest condolences to the families and friends during this very difficult time.

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

• One of the current positive individuals is hospitalized.
• Due to technology issues, we are unable to report ages and the number of people removed from mandatory isolation. This information will be updated in the June 4th briefing.

Haley Christine Keyser, 35, of Strasbourg Drive, Cheektowaga, is charged with aggravated harassment -- physical contact due to race, and disorderly conduct. Following a complaint at Six Flags Darien Lake at 5:28 p.m. May 30, Keyser was arrested. She allegedly subjected a victim to physical harm, yelled obscenities and racial slurs in a public place. She was released on an appearance ticket and is due in Darien Town Court on June 17. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Matthew Jacob Zon, 39, of East Main Street, Byron, is charged with criminal contempt in the first degree and criminal obstruction of breathing. He was arrested at 6:35 p.m. May 29 after a disturbance on East Main Street in the Town of Byron. Zon was arraigned in Town of Stafford Court and put in Genesee County Jail in lieu of $2,500 cash, $5,000 bond, or $15,000 partially secured bond. Zon is due in Genesee County Court on June 28. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Kyle Tower.

Tevin Bloom, 27, is charged with criminal obstruction of breathing, second-degree harassment and criminal mischief. At 9 p.m. on May 20, Bloom was arrested after an investigation into a domestic incident where Bloom was allegedly involved in a physical altercation. He allegedly damaged property inside the victim's apartment. He was arraigned in Batavia City Court and is due there June 23.

Dustin Wilcox, 36, was arrested on May 20 by Batavia Police Officer Peter Post and charged with disorderly conduct. It is alleged that he was involved in a fight on Washington Avenue. He was issued an appearance ticket to be in Batavia City Court today (June 1).

Lawrence Boone, 30, was arrested outside a Batavia residence after being located by police May 20; he is charged with disorderly conduct. It is alleged that he physically fought another male in the street. Boone was due in Batavia City Court on May 25.

Rachel Baehr, 34, was arrested May 21 and charged with second-degree harassment and endangering the welfare of a child. At 2:57 p.m. May 14 on Oak Street, it is alleged Baehr was involved in a physical altercation during a domestic incident. She was issued an appearance ticket for a future date in Batavia City Court.

Kevin Thomas, 32, turned himself in on numerous active warrants May 18 and was arraigned in Batavia City Court. He is charged with burglary in the second degree, criminal contempt in the second degree, criminal mischief in the fourth degree, criminal mischief in the third degree; endangering the welfare of a child; and first-degree criminal contempt. The charges stem from a domestic incident that occurred May 4 on Walnut Street. Bail was set at $1 and Thomas is due back in court June 22.

Ray Spencer-Lindqui Saile, 19, of Judge Road, Tonawanda Indian Reservation, is charged with second-degree menacing. On May 28 at 3:45 a.m., the dispatch center received a report of a domestic incident involving a knife on Bloomingdale Road in Alabama. An investigation at the scene allegedly revealed the defendant possessed a knife, which caused the victim to fear being injured. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Michael Lute.

Ernest Jerome Heineman, 40, of Old Creek Road, Alexander, is charged with aggravated harassment in the second-degree. At 3 a.m. on May 30, Heineman was arrested for an incident that occurred at 7:30 p.m. May 1 on Old Creek Road. It is alleged that he sent threatening text messages to a person, causing them to fear for their safety. He was arraigned in Alexander Town Court and he was served with an order of protection. He is due in Genesee County Court July 13. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Jordan Alejandro.

Stephanie Lynn Salcido, 31, of Walden Creek Drive, Batavia, is charged with: driving while intoxicated; driving while ability impaired by the combined influence of drugs and alcohol; driving a motor vehicle on a sidewalk; failure to stop at a stop sign; and failure to keep right. At 11 p.m. on May 30, Salcido was arrested on the charges. She was issued appearance tickets and is due in Batavia City Court on June 16. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Sgt. Andrew Hale.

Zachari Morgan, 25, is charged with second-degree assault and criminal possession of a weapon in the third degree. He was arrested May 26 at DeWitt Recreation Area after he allegedly threw a rock at another person, striking them in the head during an altercation. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Then on May 27, Morgan was arrested and charged with third-degree assault and endangering the welfare of a child. It is alleged that at 5:11 p.m. on May 25, Morgan slapped and threw a person to the ground, causing injury, during a domestic incident at DeWitt Recreation Area. He was arraigned in city court and released on his own recognizance. Morgan is due back in court July 8.

Modesto Domingo-Cardenas, 27, is charged with unlawful imprisonment in the second degree and harassment in the second degree. He was arrested after a domestic incident at 1:15 p.m. May 25 on Pearl Street in Batavia. It is alleged that he slapped a person and then attempted to prevent them from leaving the residence. He was arraigned in Batavia City Court and released on his own recognizance. He is due back in court July 1.

Thomas Martin, 80, is charged with third-degree menacing following a dispute at 5:04 p.m. May 26 on McKinley Avenue. Martin allegedly threatened another male. He was issued an appearance ticket for June 1 in Batavia City Court.

Eric Gant Jemison, 48, of West Center Street, Medina, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; operating a motor vehicle without stop lights. At 9:05 p.m. on May 28, Jemison was arrested after deputies responded to Judge Road in Alabama for a complaint of a vehicle that struck a stop sign and drove away. Deputies located the vehicle a short time later. Jemison was released with appearance tickets for June 8 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Kyle Tower. 

Timothy James Passage, 37, of Squire Court, Amherst, is charged with possession of a forged instrument in the first degree. At 12:22 p.m. on May 28, Passage was arrested on a warrant out of Town of Pembroke Court. He allegedly passed a fake U.S. $20 bill while at Tim Hortons in Pembroke. He was transported to Genesee County Jail to be arraigned virtually. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Chad Cummings.

Joseph Freeman, 38, and Lynn Homer, 48, were arrested on warrants out of Batavia City Court at 3:38 p.m. April 28. It is alleged that they stole while together at a local business. They were arraigned in city court then released under supervision of Genesee Justice. Freeman is due back in court June 23; Homer is due back in court June 24. 

Kyle Shea, 26, was arrested May 20 on a warrant out of Batavia City Court for failure to appear after appearance tickets were served. It is alleged that Shea was driving a motor vehicle on Aug. 9 on Willow Street while his driver's license was suspended and so was the vehicle's registration. Shea turned himself in, was arraigned in city court, and the matter was resolved by plea. No further court proceedings are pending.

Paul Schwartzmeyer, 42, was arrested and charged with having a dog running at large. It is alleged that at 8:05 p.m. May 18 at an apartment complex parking lot, Schwartzmeyer allowed his dog to run at large and it attacked another dog. He was issued an appearance ticket to be in Batavia City Court on June 15.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $3.05, up 1 cent from last Monday. One year ago, the price was $1.98. The New York State average is $3.08 – up 1 cent from last Monday. A year ago, the NYS average was $2.18.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $3 (no change since last week)
• Buffalo -- $3 (no change since last week)
• Ithaca -- $3 (no change since last week)
• Rochester -- $3.03 (up 1 cent since last week)
• Rome -- $3.12 (up 3 cents since last week)
• Syracuse -- $3.04 (up 1 cent since last week)
• Watertown -- $3.13 (up 1 cent since last week)

Pump prices increased slightly over the past week as demand increased with Memorial Day travel. Motorists were able to avoid drastic holiday hikes at the pump following large increases in prices when the Colonial Pipeline was offline.

Analysts had predicted lower prices by Father’s Day, but demand continues to increase.

For the week ending May 21, demand jumped to 9.4 million barrels per day — the highest reported number since early March 2020 and up nearly 30 percent over the same week last year, indicating motorists are filling up more frequently.

Gasoline supply and demand levels are looking more like typical summer numbers as demand has steadily jumped week-over-week since the end of April and supply declines.

The increasing demand and decreasing supply combined with more expensive crude oil prices mean gas prices are likely to fluctuate throughout June.

From GasBuddy:

"With the summer driving season now officially begun, gas prices have clung to a $3 per gallon average on continued strong demand as Americans take to the roads amidst a continued economic recovery," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"Through Sunday, U.S. gasoline demand was very strong over the weekend, with Friday and Sunday both setting new Covid records for gasoline consumption for their respective day of week, according to GasBuddy data.

"While gasoline demand continues to recover, oil production has only slowly started gaining momentum after a very challenging 2020 forced oil companies to take several steps backward as prices and demand plummeted last year. While oil production is now moving in the right direction, we're in catch up mode to searing hot gasoline demand, and the imbalance has pushed prices up notably.

"For now, there's little chance of a backslide in gas prices, but a larger chance that this summer could boast near-record gasoline demand as Americans hit the road, but remain mostly stuck to the U.S. due to overseas travel challenges that persist."

Goats are in the roadway at 7015 Townline Road, Byron, east of Tripp Road.

"The caller's trying to keep them out of the roadway," says the dispatcher.

Genesee County Sheriff's deputies are responding.

Meanwhile in the city, police are asked to respond to Summit Street near North Street for a report of a vehicle parked on the wrong side of the street.

UPDATE 11:09 a.m.: In the city, the responding officer says "All the vehicles are legally parked; I'll be clear."

Press release:

With COVID-19 vaccines becoming more prevalent and a return to public activities, many Americans are looking forward to resuming their lives and returning to normal. This June, during Alzheimer’s & Brain Awareness Month, the Alzheimer’s Association Western New York Chapter is encouraging residents to make brain health an important part of their return to normal. 

“The past year has been extremely challenging for most Americans,” said WNY Chapter Executive Director Jill Horner. “Chronic stress, like that experienced during the pandemic, can impact memory, mood and anxiety. As local residents begin to return to normal, we encourage them to make brain health a priority.”

The WNY Chapter offers these five suggestions to promote brain health and to help residents restore their mental well-being: 

1.     Recommit to Brain-healthy Basics 

Evidence suggests that healthy behaviors took a back seat for many Americans during the pandemic. Gym memberships were put on hiatus, social engagement became more challenging and many Americans swapped out healthful eating for their favorite comfort foods, take-out meals and frequent snacking while working remotely. One study published recently found participants gained nearly 1.5 pounds per month over the past year, on average.

The Alzheimer’s Association — through its U.S. POINTER Study— is examining the role lifestyle interventions, including diet, may play in protecting cognitive function. Right now, many experts agree that people can improve their brain health and reduce the risk of cognitive decline by adopting healthy lifestyle habits, preferably in combination, including: 

• Exercise regularly— Regular cardiovascular exercise helps increase blood flow to the body and brain, and there is strong evidence that regular physical activity is linked to better memory and thinking. 
• Maintain a heart-healthy diet— Stick to a meal schedule full of fruits and vegetables to ensure a well-balanced diet. Some evidence suggests a healthful diet is linked to cognitive performance. The Mediterranean and DASH* diets are linked to better cognitive functioning, and help reduce risk of heart disease as well.
• Get proper sleep— Maintaining a regular, uninterrupted sleep pattern benefits physical and psychological health, and helps clear waste from the brain. Adults should get at least seven hours of sleep each night and try to keep a routine bedtime. 
• Stay socially and mentally active— Meaningful social engagement may support cognitive health, so stay connected with friends and family. Engage your mind by doing activities that stump you, like completing a jigsaw puzzle or playing strategy games. Or challenge yourself further by learning a new language or musical instrument.

2.     Return to Normal at Your Own Pace

Many Americans are eager for a return to normal life following the pandemic, but others are anxious. In fact, one recent survey found that nearly half of adults (49 percent) report feeling uncomfortable about returning to in-person interactions when the pandemic ends.

For those feeling anxious, the Alzheimer’s Association suggests taking small steps. It may also be important to set boundaries and communicate your preferences to others in your social circles. 

3.     Help Others 

There is evidence to suggest that helping others during the pandemic may not only make you feel better, but it may be good for you as well. Research shows that helping others in a crisis can be an effective way to alleviate stress and anxiety.

One study published during the pandemic found that adults over age 50 who volunteer for about two hours per week have a substantially reduced risk of dying, higher levels of physical activity and an improved sense of well-being.

To help others and yourself during June and throughout the year, volunteer in your community, run errands or deliver meals to a home-bound senior or donate to a favorite cause, such as supporting participants in the Alzheimer’s Association’s The Longest Day event on June 20. 

4.     Unplug and Disconnect

Technology has dominated our daily lives during the pandemic like never before. While technology has kept us connected through COVID-19, it has also created fatigue for many Americans.

Experts warn that excessive stimulation coming from our phones, computers, social media sources and news reports can add to our already heightened anxiety levels. To avoid technology overload, experts advise setting limits on your screen time, avoid carrying your phone everywhere, and disconnecting from digital devices at bedtime. 

5.     Control Your Stress Before it Controls You

In small doses, stress teaches the brain how to respond in healthy ways to the unexpected, inconvenient or unpleasant realities of daily life. Prolonged or repeated stress, however, can wear down and damage the brain, leading to serious health problems including depression, anxiety disorders, memory loss and increased risk for dementia.

Reports indicate that Alzheimer’s and dementia caregivers are especially vulnerable to physical and emotional stress. The Alzheimer’s Association offers tips to help manage caregiver stress.

Meditation, exercise, listening to music or returning to a favorite activity you have missed during the pandemic are just some ways to manage stress. Do what works best for you.

“The COVID-19 pandemic has been an overwhelming time for all of us,” Horner said. “It’s important for people to know there are steps we can take to lessen the stress and anxiety we might be feeling. It can be easy to take brain health for granted, but now more than ever, it’s a good idea to make it a priority.”

Currently, the Alzheimer’s Association and representatives from more than 40 countries are working together to study the short- and long-term consequences of COVID-19 on the brain and nervous system in people at different ages, and from different genetic backgrounds.

About Alzheimer’s & Brain Awareness Month

Created by the Alzheimer’s Association in 2014, Alzheimer’s & Brain Awareness Month is dedicated to encouraging a global conversation about the brain and Alzheimer’s disease and other dementia. To learn more about the Alzheimer’s Association, available resources and how you can get involved to support the cause, visit alz.org.

About the Alzheimer’s Association

The Alzheimer’s Association is a worldwide voluntary health organization dedicated to Alzheimer’s care, support and research. Our mission is to lead the way to end Alzheimer’s and all other dementia — by accelerating global research, driving risk reduction and early detection, and maximizing quality care and support. Our vision is a world without Alzheimer’s and all other dementia^®. Visitalz.orgor call 1-800-272-3900.

*DASH -- acronym for Dietary Approaches to Stop Hypertension -- an eating plan to lower or control high blood pressure. It emphasizes foods that are lower in sodium as well as foods that are rich in potassium, magnesium and calcium — nutrients that help lower blood pressure.

Press release:

On May 31st at 3:51 p.m., the Batavia Police were dispatched to Otis Street for the report of a 6-year old female who had been struck by a vehicle. Upon patrols arriving on the scene, the child was conscious and speaking with officers. City of Batavia Fire Department and Mercy EMS crews responded and evaluated the child on scene. 

The child was then transported to the Mercy Flight helipad, where the child was flown to Strong Memorial Hospital in Rochester. The accident occurred on private property at the residence on Otis Street, not on the roadway. Batavia Police interviewed the residents that were present at the time, including the driver. The operator, after disconnecting a trailer from his pickup truck, moved the vehicle striking the child who was in the yard on the passenger side of the vehicle. No impairment or intoxication is suspected, and no charges are pending.

At this time the child remains at Strong Memorial Hospital in serious but stable condition.

Previously: 6-year-old run over by a vehicle on Otis Street in the city

This afternoon, Corfu held a Memorial Day Parade.

Photos by Philip Casper.

Elba Central School along with the Elba Betterment Committee held a Memorial Day Ceremony today at Maple Lawn Cemetery.

Photos by Debra Reilly.

A 6-year-old child was reportedly run over by a vehicle at 117 Otis St. in the city. City fire and Mercy medics are responding.

UPDATE 3:55 p.m.: Police are on scene.

UPDATE 3:59 p.m.: Command asks that the availability of Mercy Flight be checked.

UPDATE 4:29 p.m.: A 6-year-old girl who lives at the address was transported to Strong Memorial Hospital with serious injuries. Before the accident occurred, a man at the address backed a trailer loaded with ATVs into the side yard and unhooked the trailer. After unhitching the trailer, he got back into his truck and pulled forward. That's when he heard the girl scream. He told police he knew the girl was outside playing with her dog but thought she was on the other side of the house.