news

Press release:

The Genesee County Sheriff’s Office would like to remind everyone of what lighting is permitted on a passenger vehicle in New York State.  Many lighting products being sold now do not comply with the Vehicle and Traffic Law.  In general, the following lighting is required and authorized:

• Headlamps – Two of equal power and white in color (one lamp for a motorcycle); Other overhead light bars are not permitted while operating on a public highway
• Tail lamps – Two of equal power and red to amber in color (one lamp for a motorcycle)
• Turn signals, front – Amber
• Turn signals, rear – Red or amber
• Hazard lights (4 way flashers) – Amber in front, red or amber in rear
• License plate lamp – White
• Back up lamp – White

Any other color lighting is prohibited while operating on a public highway, except the following:

• Amber – For hazard vehicles only (i.e. Plow trucks, tow vehicles) when actually a hazard.  Any other amber lighting, such as fog lamps or overhead light bars, is not permitted
• Blue – For authorized volunteer fire personnel only when responding to an emergency
• Green – For authorized volunteer ambulance personnel only when responding to an emergency

Any violations are infractions of the Vehicle and Traffic Law and are subject to appropriate fines in a local justice court. 

Photo illustrations courtesy of the Sheriff's Office. They are not local examples.  Chief Deputy Brian Frieday says of the photos: The light bar would be an example of something permissible for a hazard vehicle when actually engaged in hazardous operation, such as a private plowing vehicle when actually plowing.  However, operating on a public highway, whether the lights are steady or flashing, is not permissible. The under-glow lighting comes in multiple colors and is not permitted while operating on a public highway. The two pictures of the cars with the LED strips, grill lights and rim lights, again, are all not permitted while operating on a public highway.

Press release:

The  2022-2023  Richmond Memorial Library "History by the Hearth" Lecture series continues on Thursday, February 16th at 7:00 pm in the Reading Room with a presentation on "The President's Lady, Martha Dandridge Custis Washington."

This lecture in the series is a Presidents Day collaboration between the Richmond Memorial Library and the Anna Ingasbe Lovell Chapter NSDAR.   Special Collections Librarian, Deborah Wood will be presenting on the life of this fascinating first "First Lady" of the United States of America.  Chapter Constitution Committee Chair, Robin Laney Ettinger, will discuss Mrs. Washington's activities to support General Washington during the American Revolution.  Librarian Wood has planned several lectures for the year 2023 as well as special events in which the local DAR will collaborate and support the library's efforts to bring unique history programs to the area.  The library will have a presidential book display and has a large collection of books about the U.S. presidency for check out. For more information on the lecture series, please call Deborah Wood at (585) 343-9550.

Route 33, passing through Batavia, Stafford, Le Roy, and Bergen, is a favorite patrol corridor for local law enforcement.  Traffic stops along the corridor frequently lead to arrests, such as DWI, narcotics, or stolen property, and once in a while, perhaps it might lead to officers uncovering potentially bigger crimes.

Deputies Kenneth Quackenbush and Nicholas Chamoun aren't quite sure what they uncovered when they stopped North Carolina resident Michael Alan Jones and a passenger from Rochester when the officers encountered his vehicle on March 19 in Le Roy, but the involvement of the Joint Terrorism Task Force (JTTF) the evening of the arrest and the FBI eventually taking over the case suggests Jones wasn't just another guy with an illegal firearm. 

Yes, the two deputies were just doing their job, but part of the job satisfaction of being a police officer is knowing that you might have made a difference, even if you don't know what may have changed because you did good police work.

"There's certainly a sense of satisfaction that we know that we're a part of something larger, though we probably won't ever know what that was," Quackenbush told The Batavian. "But at the end of the day, you know, we don't know why they were here. We don't know what they were doing. And based on their behavior, it was something not good. And so we were able to intervene in that and at least delay plans if nothing else."

What Quackenbush and Chamoun found in a car owned and operated by Jones was a Palmetto State Armory AR15 .223 caliber rifle and a 30-round magazine.  That was enough for a SAFE Act-related arrest.

They also found, according to police documents, officer statements, and video from the scene, two brand new compound bows, tactical combat casualty care gear, casualty care manuals, handwritten copies of the Russian alphabet, right-wing extremist literature, assorted paramilitary gear, two-way radios, along with bolt cutters, a crowbar and gloves in a backpack.

"There was definitely a lot going on there that raised a lot more questions," Chamoun said. "None of those are in and of themselves a crime, but it kind of raised our questioning."

Even so, given the officers' training and experience, they weren't trying to uncover a terrorist plot during the traffic stop -- an agent of the JTTF would explore that while questioning Jones later back at the Sheriff's Office -- they were more focused on the potential for possession of stolen items, drugs, illegal firearms, or just what crime one of them might have committed that made them so nervous about talking with the deputies.

While 24-year-old Jones was accused of violating the SAFE Act, he was never prosecuted locally. Soon after his arrest, he was charged with a federal crime because he was a felon in possession of a firearm. He pleaded guilty in federal court and is expected to be sentenced on May 16.

Reporter Jordan Green, of Raw Story, picked up on the arrest of Jones because of his interest in the Jan. 6, 2021 insurrection in Washington, D.C., which Green has reported, Jones participated in (at least in the march), and he has identified Jones as a member of the Proud Boys and Patriot Front.

Given the interest in Jones by federal authorities and his potential involvement in extremist political groups, and the fact he was arrested locally, The Batavian requested from the Sheriff's Office through the Freedom of Information Law the arrest and investigation-related documents as well as body-worn camera footage of all law enforcement interactions with Jones and his passenger.

Federal authorities also expressed a strong interest in the man who was with Jones, but Green told The Batavian he has yet to uncover any ties between that man and any extremist organizations. The Batavian in its own search did not find any connection. Because he is not facing any criminal charges at this time, The Batavian is withholding his name and blurred his likeness in the accompanying video.

That's weird, right?
At 4:36 p.m. on March 19, Quackenbush and Chamoun were on patrol on Clinton Street Road when they spotted a silver Nissan Sentra with no front license plate (required in New York) and no inspection sticker or registration sticker visible in the windshield.  

Quackenbush turned around to follow the vehicle. 

A Sheriff's patrol vehicle turning around apparently caught the attention of Jones, who turned onto a side road. The patrol followed. He made at least two more turns, and at least on one, he didn't use a turn signal.

With that, the deputies had probable cause for a traffic stop.

Jones pulled over on School Road, and the officers approached the vehicle, Quackenbush on the driver's side, and Chamoun on the passenger side.

Quackenbush asked where they were going.  Jones told him they were going to Rochester, and Quackenbush wanted to know if that was the case, why Jones didn't stay on Route 33.  Jones said he thought he was on the road to Rochester. 

In the midst of the discussion about directions, Chamoun said, "You took three turns rather than just staying on the same road that you were on? See what I'm saying? It's a little weird, right?" 

He then asked the passenger to step out of the vehicle so he could question him separately from Jones.

"So we do this a lot," Chamoun tells the passenger once they're standing in front of the patrol vehicle. "It's a little weird when we see a car see us and then decide to turn onto back roads, as beautiful as they are, and then divert back to the same road that they're on, you know what I'm saying?"

"I see how you can think that," the passenger said.

"Well, I mean, it usually results in felony drug arrest, guns, warrants, that kind of stuff. We do this all the time."

Chamoun then asks several questions -- who owns the car, how long have you known him, where had they been, where they were going.

They had apparently been to a residence on Harvester Avenue in Batavia to purchase a Chevrolet Express Van, which the passenger did purchase, and then it was towed to a Batavia repair shop for maintenance. At least, that's the passenger's story.

But some key information the passenger shared with Chamoun didn't match what Jones was saying.

The passenger said he and Jones had recently met and they met online. Jones said they had known each other for years. He couldn't say how long. But they met through "just random stuff," and through a mutual friend whom they hadn't seen in a long time.

"I will say this your guys' stories are completely different," Chamoun tells Jones. "Weird, right? .... Typically, when a motorist is in a vehicle with a passenger who they claim they've been friends with for years, they should have the same story. So you understand that it's weird, right?"

Jones said he didn't have the best memory.

Then the officers start questioning both men about the bow in the back seat.  Neither claim ownership but said it wasn't stolen.

Then they wanted to know about the backpack in the front passenger seat with bolt cutters sticking out.  Jones said it belonged to the passenger. The passenger, when asked if it's his bag, says, "I plead the fifth."

The dance for information continues, with Jones telling the officers repeatedly, "nothing against you guys," as he evades straightforward answers to yes or no questions, claiming he generally doesn't trust police officers.  He tells them, "I'm sure you guys are great. You're just doing your job."  But remains evasive. He dodges questions. When he is seemingly caught in a lie, he says he's nervous because he's not experienced in dealing with police officers.

Quackenbush tells Jones, "I've been pulled over by police before, and I wasn't nervous, and I didn't lie, right? So when someone's lying to me, that seems to me, 'okay, there's something that he's hiding that he doesn't want me to catch."

Is there a gun in the vehicle?
At first, he's willing to let the deputies search the backseat of his car.  They inform him that since he is the owner and operator of the vehicle, he's responsible for its contents.

Eventually, Quackenbush asks directly if he can search the backpack.  He pulls it out and finds not just the bolt cutters but a crowbar, flashlights, and gloves.  He notes the items look like burglary tools.  The questions zero in on whether anything in the car is stolen.

As Quackenbush looks at the contents visible on the front seat, the broken glove compartment opens, and Quackenbush spots a box of ammo.

"Is there a firearm in the car?"

"There shouldn't be," Jones says.

Chamoun goes back to the patrol car and reads the passenger -- who has already been detained and is handcuffed -- his rights.

The passenger says he understands his rights and he wants a lawyer.

Chamoun heads back to the passenger side of the vehicle, where Quackenbush is continuing to examine the contents of the backpack.

"He just lawyered up," Chamoun says.

From this point on, Jones is a lot less willing to let the deputies search his vehicle.

Chamoun questions the passenger again. 

"Is that 762 yours?" 

"I plead the fifth."

"Are you comfortable back here? Can I get you anything?

"I plead the fifth."

Chamoun then returns to Jones and Quackenbush, who are standing in the roadway next to the Sentra.

"He says the rifle in the vehicle is yours," Chamoun tells Jones.

"So there is a rifle," Quackenbush says. 

Jones shakes his head no.

"He just told us there was," Quackenbush says. "What are we doing here?"

"He's scared," Jones says. "What do you want him to say?"

"What's the deal with a gun?" Quackenbush asks Jones. "Are you not supposed to own a gun? Is that what's up? Like, are you on felony probation? Have you been arrested for something that you're not supposed to own a firearm? Is that what this is all about? I mean, I'm just I'm done. I don't want to beat around the bush anymore."

Jones denies there's a gun in the vehicle.

"So you're saying that absolutely, no way, shape or form there is a gun in this vehicle?"

Jones shakes his head.

The deputies then turn their attention to the mismatched license plate and VIN number on the car.  Quackenbush charges Jones with driving an unregistered vehicle on a highway. The deputies now have the authority to impound the vehicle, which requires that its contents be inventoried.

While going through the items in the trunk, Chamoun pulls out a brand new, never been fired, AR15.

At this point, the officers were not aware of the suspect's felony conviction in North Carolina on sex crime charges, so they couldn't arrest him for a violation of probation. But the weapon and its magazine violated the SAFE Act.  Jones was charged with two counts of criminal possession of an assault weapon in the third degree.

In the patrol car, while in custody, Jones reportedly admitted to the felony charges in North Carolina, something that hadn't come up when dispatchers searched for any records on Jones during the traffic stop.

Friends in New York
The agent from the Joint Terrorism Task Force who questions Jones at Park Road really wants to know what Jones is doing in Western New York.

It can't be for the weather, the agent tells Jones.

"I really liked the snow so far," says Jones, who hadn't been in the Rochester area for even two weeks at that point, according to earlier statements to the deputies. "I got tired of the ice pretty, pretty fast. But it is nice. And, you know, I already have friends. I mean, you know, it's not like I moved into some random state."

The agent wants to know, if Jones is released, where he will stay.  Jones doesn't know but assures the agent he has plenty of contacts in the area, and he has no doubt he can find a couch to sleep on.  All he has to do is text a few people once he gets his phone back.

The agent asks if Jones there is a group in the area that he is a part of, or if he's linking up with a group while in the area.

"I would be more comfortable answering that after I talked to a lawyer," Jones says. "I can definitely say (long pause) I can definitely say (long pause) a lawyer would be good."

The agent presses Jones to tell him if there are any kinds of nefarious plots afoot. Rather than say he couldn't possibly know such a thing, denying any contact with terrorists, Jones says he would be willing to answer such questions but not under present circumstances.  He is in cuffs, and he wants to speak with an attorney. 

"I more than understand," Jones says. "I mean, I don't think anyone here wants anything like that to happen. No one wants people to get hurt. No one wants -- your counter-terror, right? ...  no one here likes terror. I mean, I hate to say the obvious. It is objectively a bad, immoral thing, speaking as a Christian, personally. But again, it's not that I don't want to help you. But my situation right now is -- handcuffs. And I would like to, I guess, not sleep here. I want to help you. But I want to help you in a way that helps both of us."

Later, another agent asks, "You don't think there are any immediate concerns?"

"I don't think there's anything that's going to pop up the next day or two, before talking to a lawyer, that would actually give you cause for concern, at least not to my knowledge, mind you, in my very limited time here," Jones tells him.

The FBI, though a public information officer, declined a request for an interview citing the pending sentencing for Jones.

Good police work
Sheriff William Sheron is proud of his men.  He chalks up the arrest to doing, well, exactly what they're trained to do (and both have received extra training through Sheriff's Office on exactly these kinds of traffic stops, called 'interdiction'). Both followed their training, he said, and their intuition, and doggedly tried to put the pieces together when clearly something was amiss.

In fact, the arrest played a role in both men receiving awards from the Sheriff's Office command staff two weeks ago at the department's annual awards luncheon.

Quackenbush was named Officer of the Year, and Chamoun received a meritorious service award. There were other actions by the deputies in 2022 that contributed to the awards, but the Jones arrest was cited as among the reason for the awards.

"It is good police work," Sheron said. "That's exactly what it is, you know, being inquisitive and acknowledging that when the hair stands up on the back of your head, and you're thinking something's not right here, probably something isn't."

Note About The Video: The Batavian received more than two hours of body-worn camera video. It's been edited down to 33 minutes. Most of the footage came from two deputies and duplicated events.  We edited to produce a chronological narrative, leaving out parts where wind noise made it impossible to hear speakers. Sometimes we used the better-quality audio from one officer's camera with video from the other officer's camera.  We also removed some information involving personal medical information about the suspect and discussion that was repetitive or revealed personal details about the passenger who wasn't arrested.

There are a handful of students at Pavilion Central School who’ve gained much attention for their heavy use of social media both during and after the school day.

Evelyn Northrup and Christopher Doody are two of them who spend several focused hours a week not only posting, but talking about it, planning for it, and mapping out schedules for how to get their posts done throughout their busy school days.

Think these students are among the many people mindlessly scrolling the Internet and potentially getting caught up in all of the negative chatter out there? Not at all, they say. Instead, they are part of Pavilion’s student PR team with a goal to market and promote the positive actions of student clubs, sports and groups around campus.

The team has eight students guided by Instructional Technology Support Leader and Online Learning Coordinator Nancy Stauber as advisor.

"This Team was created a couple of months ago when two students presented an idea to our administration about creating a social media page, PavilionGopherPride Instagram Page. Since then, they have grown to eight students and are already evolving their public relations campaign to include teacher interviews and, hopefully soon, podcasting," Stauber said. “These students are solely responsible for what is posted, reaching out to various people to gather information, and making sure what they post is safe, positive, inclusive, and informative and monitor all comments for appropriateness.

“These students are also learning many ‘life skills’ and participating in an activity that could potentially become a real life career involving social media," she said. "Additionally, they are also learning about and modeling good digital citizenship along with learning about privacy laws and permissions involving state and federal laws.”

Evelyn saw the PR team spill out of a school spirit committee that had gotten so big, that the PR team was created to help with promoting school happenings. That means attending games, conducting interviews and taking videos and photos of athletes, teachers and coaches, and selecting and decorating the gym each month with coordinated themes — such as a volleyball beach bum theme.

“We began in early October 2022 to get ready for Girls Volleyball sectionals,” 17-year-old Christopher said.

The main goal was to make people aware of the games and schedules, encourage participation in the theme nights, and “open them up to extracurriculars and to show off our school,” Evelyn, a senior, said.

“And we highlight other activities, like musical theater, Scholastic Bowl, FFA chapter, and Art Club,” she said.

Going for the 'Likes'
They have become not just word masters, but visual artists with those themes to draw an audience, and the desired likes, comments and shares that they have also learned to track. They were happy with the early results.

“Within a week to a week and a half, we had 100 to 200 followers,” Christopher said.

For the record, the account is currently at 317 followers.

While so many people — young and old alike — seem to zero in on the negative parts of social media, through cyberbullying, comparing, arguing, complaining and such, these kids are homing in on the opposite.

“We try to keep everything positive,” Evelyn said. “If someone is being negative toward a student specifically, they can be deleted, or we contact them and ask them to be respectful.”

Twice so far, they’ve had to do that — and not with a fellow student, but with a parent. In each case, a parent was complaining about either a referee and/or a student-athlete and had to be reminded of the policy. Evelyn reached out to one of them and wasn’t intimidated to do so.

“Just knowing how to talk to individuals, and that’s being professional and respectful and is not retaliatory,” she said. “It’s kind of ironic that the parents are the ones being negative. I think students know there are consequences.”

It must have worked; the parent did not return to the site with any more comments.

Practical side of social media
Aside from learning how to handle rule-breakers, there has been other lessons within the business side of social media, such as handling privacy laws, the need to acquire consent forms before publishing names and faces in certain circumstances, creating a schedule for posts, content planning, learning new technology, cropping photos and videos, time management, analytics and tracking statistics, they said.

They have also learned how to share content from another site that posts area sports to take advantage of what’s already out there and save time. They have also tried out free apps to save money and sent out emails to district members — staff, teachers, students, and coaches — reminding them to send material for the online page.

Personally, both Christopher and Evelyn use Instagram and Snap Chat more than Facebook and don’t even consider Twitter. In their professional endeavors in the PR team, it’s mostly Instagram with some posts on Facebook.

Drama is relative, enjoy the small moments
“You have communication apps, and Snapchat and Instagram, one is used to talk to your friends, and one is used to share your experiences,” she said. “I do agree that some parts are bad. There’s drama.”

She and Christopher agreed that there was some social media drama a while ago at the school, but it seemed driven by a couple of particular students. And when they left the school, so did the drama. Aside from that instance, life for these students is fairly low-key where social media is concerned, they said. 

Has the positive focus made a difference? These savvy kids think so. Teachers and staff, and parents have thanked them for their efforts and expressed their appreciation for the Gopher spotlights, though student response has been more lackluster.

“I don’t think students say it as much,” Evelyn said, adding that she thinks maybe when they’re older, it will be a bit of nostalgia to look back on more fondly. “It’s almost like a yearbook, a digital version. Don’t take for granted the small moments.”

Pavilion Central School students Christopher Doody and Evelyn Northrup show a social media stats page that they use for their student-run PR team used to promote district sports and other clubs and groups on campus. Photo by Howard Owens.

Press release:

The funeral homes of H.E. Turner (Batavia and Bergen), Bohm-Calarco-Smith and Burdett & Sanford phone lines are temporarily not working. We are hoping to have them fixed very soon. In the meantime, please call (585) 356-1668 for immediate assistance.

City School District employees, administrators, teachers, and staff, along with first responders from Batavia, participated in a Special Olympics fundraiser on Friday -- a polar plunge -- outside of John Kennedy Intermediate School.

The participants dashed -- in freezing weather -- under the spray of a fire truck's hose and got soaked.

The event raised $8,700 for Special Olympics.

Kelly Ligozio, senior development director for Special Olympics in Western New York, said the Buffalo polar plunge was last week and typically honors the school in Western New York that raised the most money for Special Olympics.  But Ligozio said she told the director, who has been in the position for 23 years, that they had to wait for Batavia's event before naming a winner.  The director wanted to maintain tradition, but Ligozio said the agency owed it to Batavia to wait because Batavia was the only school district to continue to hold the fundraising event during the pandemic.

So, they waited.

And Batavia won.  Special Olympics will host an ice cream social at John Kennedy sometime this year and the school's colors will be part of the Polar Plunge sweatshirt next year.

"It's amazing," Ligozio said. "What's amazing about it is how they've broadened it to include all the schools in the district so all the different schools can participate."

Friday morning at Jackson Primary School, kindergartners Royal and Ryder presented Assemblyman Steve Hawley with Valentine's Day cards they and their classmates made for veterans.

Hawley then drove to the NYS Veterans Home to deliver the cards to veterans staying there.  The event has become an annual tradition for Hawley.

Photos by Howard Owens.

Press release:

Assemblyman Steve Hawley (R, C -Batavia) visited local police departments yesterday to celebrate National Pizza Day. Hawley sent pizzas to 11 police stations and was able to personally deliver five. The departments Hawley visited were very appreciative and took him on tours of their facilities and discussed recent events. Hawley was able to get the perspective of the officers on multiple political and social issues, including bail reform and public safety laws.  

“Continuing a positive relationship with police departments around my district is extremely important to me. I want to be able to understand what we can do better in New York to keep them and the residents they protect safe,” said Hawley. “Far too often, we take their duties for granted, but our local police risk their lives for our safety. I want to show my appreciation for their hard work.”

Submitted photos.

Brittany Leann Hollaert, 26, of Saint Paul Street, Rochester, is charged with petit larceny, unlawful fleeing a police officer, aggravated unlicensed operation 3rd, unsafe passing on left, speed not reasonable and prudent, and failure to obey a police officer. Deputy Mason Schultz attempted to stop a vehicle on Veterans Memorial Drive, Batavia at 1:22 a.m. on Feb. 3. As a result of the incident, Hollaert was arrested. Information on what was allegedly stolen was not released. Release status was not included in a press release. 

Justin Swift, 43, of Gilbert St Le Roy, is charged with grand larceny 3rd.  Swift was charged after an investigation by Genesee County Department of Social Services Investigator Robert Riggi.  It is alleged that Swift failed to report that he had earned wages through employment, resulting in him receiving $3,324 in SNAP benefits he was not entitled to.  Swift was arrested and arraigned in Batavia Town Court and released on his own recognizance.'

David Michael Wahl, 57, of Scottsville, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 2nd, no left-side mirror, unsecured license plate, and uninspected motor vehicle. Wahl was allegedly found in possession of narcotics following a traffic stop by Deputy Andrew Mullen on Feb. 6 at 9:08 p.m. on South Lake Road in Bergen. He was released on an appearance ticket.

James Dean Conway, 36, no residence provided, is charged with criminal possession of stolen property 4th. Conway is accused of operating and possessing a stolen vehicle on Route 20 in the Town of Bethany on Feb. 6 at 1:34 p.m.  He was apprehended by Deputy James Stack. He was released on an appearance ticket.

PUBLIC NOTICE:

At a Regular Meeting of the Town Board of the Town of Pembroke, in the County of Genesee, New York, held at the Pembroke Town Hall in said Town on February 9th, 2023.

PRESENT:

Tom Schneider, Supervisor
Kathleen Manne, Councilperson
Edward Arnold Jr. Councilman
Thomas Dix, Councilman
K. Warren Clark, Councilman

In the Matter: ORDER ESTABLISHING of the DISTRICT (SUBJECT TO PERMISSIVE REFERENDUM)

Establishment of Water District No. 5 (Pratt Rd) in the Town of Pembroke, in the County of Genesee, New York                                                   :

To read more click on the headline:

WHEREAS, a map, plan and report relating to the establishment of a proposed Town of Pembroke, Water District No. 5, prepared by Clark Patterson Lee, Engineers in a manner and in such detail as has been determined by this Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12-A of the Town Law; and

WHEREAS, an order was duly adopted by this Town Board on January 18, 2023, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying February 9, 2023  as the date, at 6:30 pm on said day as the time, at the Pembroke Town Hall, Pembroke, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear all residents and landowners interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and

WHEREAS, such order was duly published and posted as required by law; and

WHEREAS, a hearing on said matter was duly held by said Town Board on February 9, 2023 at 6:30 pm on said day, in the Pembroke Town Hall, Pembroke, New York, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of said Water District No. 4; now, therefore, upon the evidence adduced at such public hearing, be it

RESOLVED AND DETERMINED:

a.   That the notice of hearing was published and posted as required by law, and is otherwise sufficient;

b.   That all property and property owners within the proposed district are benefited thereby;

c.   That all property and property owners benefited are included within the limits of the proposed district;

d.   That it is in the public interest to establish said district; and be it further

RESOLVED AND DETERMINED:

That Water District #5 (Pratt Rd) is hereby established, the bounds of which are described in the attached Exhibit A, and shall be constructed as set forth in the said map, plan and report and order calling a public hearing, at a cost not to exceed Two Million Fifty five Thousand and no/100 Dollars ($2,055,000.00) of which Nine Hundred Four Thousand Dollars and no/100 ($904,000.00) will be provided by USDA Rural Development in the form of a grant and One Million One Hundred Fifty-one Thousand Dollars and no/100 ($1,151,000.00) will be provided by a loan from USDA Rural Development at a rate of 1.75% over a period of 38 years, which shall result in the annual cost of the district for debt service to the equivalent dwelling unit for the first fiscal year is estimated to be $551.00; and the annual cost for the typical home for operation, maintenance and user charges is estimated to be $495.00, for a total cost of $1,048.00, there is estimated to be one-time costs of $1,140.00 for installation of the individual water systems, and

That, the permission of the State Comptroller is required prior to District formation, and be it

FURTHER RESOLVED, that this order is subject to a permissive referendum as provided in section 209-e of the Town Law.

Dated: February 9, 2023

Motion made by: Councilman Dix

Seconded by: Councilwoman Manne

Ayes: Councilwoman Manne, Councilman Dix,

Councilman Arnold, Supervisor Schneider

Nays: None

APPROVED by: Unanimous vote (4-0)

State of New York)

County of Genesee)     ss:

I, Nicole Begin, Town Clerk of the Town of Pembroke, Genesee County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed in my office in Pembroke, New York on the 9^th day of February 2023, and that the same is a true and correct copy of said original and of the whole thereof.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Town, this 9^th day of February, 2023.

Nicole M. Begin
Town Clerk of the Town of Pembroke, Genesee County, New York

EXHIBIT A

 

All that tract or parcel of land situate in the Town of Pembroke, County of Genesee, State of New York, and being more particularly described as follows:

Beginning at the intersection of the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, and the center line of Slusser Road (49.5 feet wide right-of-way); thence,

1.Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 507 feet, more or less, to the southerly property line of tax account number 17.-2-10.1; thence,

2.Westerly, along the southerly line of tax account number 17.-2-10.1, a distance of 330 feet, more or less, to a point 500 feet southerly of and parallel to the center line of Slusser Road; thence,

3.Northwesterly, through the lands of tax account numbers 17.-2-10.1, 17.-2-10.2, and 17.-2-31.21, along a line 500 feet southerly of and parallel to the center line of Slusser Road, a distance of 1,868 feet, more or less, to a point on a southerly line of tax account number 17.-2-31.21; thence,

4.Northwesterly, along the southerly lines of the tax account numbers 17.-2-31.21, 17.-2-31.12, 17.-1-48.11, 17.-1-48.12, 17.-1-49, 17.-1-50.1, 17.-1-50.2, and 17.-1-75, to the easterly extension of a line of tax account number 17.-1-75; thence,

5.Westerly, across Tonawanda Creek, along the easterly extension of a southerly line of tax account number 17.-1-75, and a southerly line of tax account number 17.-1-75, a distance of 325 feet, more or less, to the westerly line of tax account number 17.-1-75; thence,

6.Northwesterly, along the westerly line of tax account number 17.-1-75, and the northerly extension of the westerly line of tax account number 17.-1-75 a distance of 337 feet, more or less, to the center line of Pratt Road; thence,

7.Westerly, along the center line of Pratt Road, a distance of 148 feet, more or less, to the southerly extension of a westerly line of tax account number 17.-1-11; thence,

8.Northwesterly, along the southerly extension of a westerly line of tax account number 17.-1-11, and a westerly line of tax account number 17.-1-11, a distance of 448 feet, more or less, to a northerly line of tax account number 17.-1-11; thence,

9.Easterly, along a northerly line of tax account number 17.-1-11, a distance of 165 feet, more or less, to a westerly line of 17.-1-11; thence,

10.Northwesterly, along a westerly line of tax account number 17.-1-11, a distance of 290 feet, more or less, to a westerly line of tax account number 17.-1-11; thence,

 

 

11.Easterly, along a northerly line of tax account number 17.-1-11, the easterly extension of the northerly line of tax account number 17.-1-11, and the existing Town of Pembroke Water District No. 1, a distance of 762 feet, more or less, to a southerly line of tax account number 17.-1-18; thence,

12.Northwesterly, along the southerly line of tax account number 17.-1-18, a distance of 541 feet, more or less, to a point 500 feet westerly of and parallel to the center line of Pratt Road (49.5 feet wide right-of-way; thence,

13.Northerly, through the lands of tax account numbers 17.-1-18, 17.-1-19.12, 17.-1-19.11, and 17.-1-21.111, along a line 500 feet westerly of and parallel to the center line of Pratt Road, a distance of 1,528 feet, more or less, to a northerly line of tax account number 17.-1-21.111; thence,

14.Northeasterly, along a northerly line of tax account number 17.-1-21.111, a distance of 323 feet, more or less, to a westerly line of tax account number 17.-1-21.111; thence,

15.Northwesterly, along a westerly line of tax account number 17.-1-21.111, a distance of 116 feet, more or less to a northerly line of tax account number 17.-1-21.111; thence,

16.Northeasterly, along a northerly line of tax account number 17.-1-21.111, and the westerly lines of tax account numbers 17.-1-35 and 17.-1-36, a distance of 684 feet, more or less, to the northwesterly corner of tax account number 17.-1-36; thence,

17.Southeasterly, along the northerly line of tax account number 17.-1-36, a distance of 68 feet, more or less, to an angle point; thence,

18.Easterly, along the northerly lines of tax account numbers 17.-1-36, 17.-1-37, 17.-2-2.212, 17.-2-2.211, and 17.-2-2.1, a distance of 1,863 feet, more or less, to the northeasterly corner of tax account number 17.-2-2.1; thence,

19.Southerly, along the easterly line of tax account number 17.-2-2.1, and the southerly extension of the easterly line of tax account number 17.-2-2.1, a distance of 330 feet, more or less, to the center line of Pratt Road; thence,

20.Easterly, along the center line of Pratt Road, a distance of 70 feet, more or less, to the southwesterly extension of the westerly line of tax account number 17.-2-3; thence,

21.Northeasterly, along the southwesterly extension of the westerly line of tax account number 17.-2-3, and the westerly line of tax account number 17.-2-3, a distance of 336 feet, more or less, to the northerly line of tax account number 17.-2-3; thence,

22.Easterly, along the northerly lines of tax account numbers 17.-2-3, 17.-2-5, 17.-2-4, 17.-2-38, 17.-2-39, 17.-2-40, 17.-2-41, 17.-2-42, 17.-2-43, 17.-2-44, and 17.-2-45, a distance of 1,179 feet, more or less, to the easterly line of tax account number 17.-2-45; thence,

23.Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 803 feet, more or less, to the southerly line of tax account number 17.-2-6.2; thence,

24.Westerly, along the southerly lines of tax account numbers 17.-2-6.2 and 17.-2-6.12, a distance of 408 feet, more or less, to the westerly line of tax account number 17.-2-6.12; thence,

25.Northerly, along the westerly line of tax account number 17.-2-6.12, a distance of 124 feet more or less, to the southerly line of tax account number 17.-2-46; thence,

26.Westerly, along the southerly lines of tax account numbers 17.-2-46, 17.-2-47, 17.-2-49.1, 17.-2-55.2, and 17.-2-6.112, a distance of 662 feet, more or less, to the easterly line of tax account number 17.-2-51; thence,

27.Southwesterly, along an easterly lines of tax account numbers 17.-2-51 and 17.-2-53.1, a distance of 143 feet, more or less, to a northerly line of tax account number 17.-2-53.1; thence,

28.Easterly, along a northerly line of tax account number 17.-2-53.1, a distance of 206 feet, more or less, to an easterly line of tax account number 17.-2-53.1; thence,

29.Southeasterly, along an easterly line of tax account number 17.-2-53.1, a distance of 96 feet, more or less, to a southerly line of tax account number 17.-2-53.1; thence,

30.Westerly, along a southerly line of a tax account number 17.-2-53.1, a distance of 40 feet, more or less, to a point 500 feet easterly of and parallel to the center line of Slusser Road; thence,

31.Southwesterly, through the lands of tax account numbers 17.-2-6.111 and 17.-2-7, along a line 500 feet easterly of and parallel to the center line of Slusser Road, a distance of 667 feet, more or less, to the southerly line of tax account number 17.-2-7; thence,

32.Westerly, along a southerly line of tax account number 17.-2-7, a distance of 199 feet, more or less, to an easterly line of tax account number 17.-2-7; thence,

33.Southerly, along the westerly line of tax account number 17.-2-8, a distance of 1,952 feet, more or less, to a point 500 feet northerly of and parallel to the center line of Slusser Road; thence,

34.Southeasterly, through the lands of tax account numbers 17.-2-8, along a line 500 feet easterly of and parallel to the center line of Slusser Road, a distance of 1,390 feet, more or less, to the easterly municipal boundary line of the Town of Pembroke/Town of Batavia; thence,

35.Southerly, along the easterly municipal boundary line of the Town of Pembroke/Town of Batavia, a distance of 530 feet, more or less, to the Point of Beginning.

Pratt Road/Water District #5, as described above, contains approximately 309 acres of land.

All as shown on a map prepared by CPL, entitled “Pratt Road Water District – Water District Map”, dated May 20, 2020.

PUBLIC NOTICE:

At a Regular Meeting of the Town Board of the Town of Pembroke, in the County of Genesee, New York, held at the Pembroke Town Hall in said Town on February 9th, 2023.

PRESENT:

Tom Schneider, Supervisor
Kathleen Manne, Councilperson
Edward Arnold Jr. Councilman
Thomas Dix, Councilman

In the Matter: ORDER ESTABLISHING of the DISTRICT (SUBJECT TO PERMISSIVE REFERENDUM)

Establishment of Water District No. 4 in the Town of Pembroke, in the County of Genesee, New York                                                   :

Click the headline to read more:

WHEREAS, a map, plan and report relating to the establishment of a proposed Town of Pembroke, Water District No. 4, prepared by Clark Patterson Lee, Engineers in a manner and in such detail as has been determined by this Town Board, has been duly filed with the Town Clerk, in accordance with the requirements of Article 12-A of the Town Law; and

WHEREAS, an order was duly adopted by this Town Board on January 18, 2023, reciting the filing of said map, plan and report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the map, plan and report describing the same were on file in the Town Clerk’s Office for public inspection, and stating all other matters required by law to be stated, and specifying February 9th, 2023 as the date, at 6:30 pm on said day as the time, at the Pembroke Town Hall, Pembroke, New York as the place where this Town Board would meet and consider said map, plan and report, and to hear the residents and landowners in the proposed District interested in the subject thereof, concerning the same, and to take such action thereon as is required or authorized by law; and

WHEREAS, such order was duly published and posted as required by law; and

WHEREAS a hearing on said matter was duly held by said Town Board on February 9^th, 2023, at 6:30 pm on said day, in the Pembroke Town Hall, Pembroke, New York, at which the residents and landowners of the proposed District desiring to be heard were heard, including those in favor of, and those opposed to, the establishment of said Water District No. 4; now, therefore, upon the evidence adduced at such public hearing, be it

RESOLVED AND DETERMINED:

a.  That the notice of hearing was published and posted as required by law, and is otherwise sufficient;

b.  That all property and property owners within the proposed district are benefited thereby;

c.  That all property and property owners benefited are included within the limits of the proposed district;

d.  That it is in the public interest to establish said district; and be it further

RESOLVED AND DETERMINED:

That, Water District #4 is hereby established, the bounds of which are described in the attached Exhibit A, and shall be constructed as set forth in the said map, plan and report and order calling a public hearing, at a cost not to exceed $9,056,000.00 (Nine Million Fifty-six Thousand Dollars and no/100), which shall be financed in the following manner; a USDA grant of $3,744,000.00  (Three Million Seven Hundred Forty-four Thousand Dollars and no/100 dollars) and a 38 year Bond at an annual estimated interest rate of 1.25% in the amount of $5,312,000.00 (Five Million Three Hundred Twelve Thousand Dollars), which shall result in the annual cost of the district for debt service to the equivalent dwelling unit after the first fiscal year is estimated to be $466.00; and the annual cost for the typical home for operation, maintenance and user charges is estimated to be $496.00, for a total cost of $962.00, there is estimated to be one-time costs of $1,140.00 for installation of the individual water systems, and That, the permission of the State Comptroller is not required prior to District Formation, and be it

FURTHER RESOLVED, that this order is subject to a permissive referendum as provided in section 209-e of the Town Law.

Dated: February 9, 2023

Motion made by: Councilman Arnold
Seconded by: Councilwoman Manne
Ayes: Councilwoman Manne, Councilman Dix,
Councilman Arnold, Supervisor Schneider

Nays: None

APPROVED by: Unanimous vote (4-0)

State of New York County of Genesee)     ss:

I, Nicole Begin, Town Clerk of the Town of Pembroke, Genesee County, New York, do hereby certify that I have compared the preceding Order with the original thereof filed in my office in Pembroke, New York on the 9^th day of February 2023, and that the same is a true and correct copy of said original and of the whole thereof.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Town, this 9^th day of February, 2023.

Nicole M. Begin
Town Clerk of the Town of Pembroke, Genesee County, New York

Press release:

Attend a library program- from home! To register for either of these programs, visit batavialibrary.org/calendar

Wednesday, Feb. 15 at 7 p.m. on Zoom: James Herriot- The Simple Life of the World’s Most Famous Veterinarian
Join Anglophile and former UK resident Claire Evans as she recounts the life and times of Alf Wight, an unassuming country veterinarian who practiced for 50 years in one of England’s most beautiful places, the Yorkshire Dales. He rose to international fame later in life under the pen name James Herriot as he recounted the heartwarming animal stories and colorful characters of a bygone era, inspiring a film and multiple television series. Of the latest TV adaptation of “All Creatures Great and Small,” shown on PBS’ Masterpiece, The Guardian said, “Switching it on was the television equivalent of taking your brain out and dunking it into a bucket of warm tea (Yorkshire, obviously).” Bask in the visual beauty of Claire’s recent Yorkshire Dales visit and learn the surprising story of the vet whose books still entertain millions.

About the presenter: Claire Evans is a former journalist, attorney, and college lecturer who started her love of most things British as she and her mother watched countless Britcoms on PBS.  She went on to study abroad in London and, against the odds, she married a Brit she met in Peoria, Illinois.  They moved to England, where they lived for a number of years.  Outside of her work for a legal advice charity, Claire became a student of historical sights, pub dining, and tea shops.  Her business, Tea with Claire, grew from friends asking for travel and relocation advice. For more, visit teawithclaire.com

Wednesday, Feb. 22 at 7 p.m. on Zoom: Meet Belle Greene
Art historian Dr. Daria Rose Foner will introduce Belle da Costa Greene (1879-1950), one of the most prominent librarians in American history. Belle was hired as J. Pierpont Morgan’s personal librarian in 1905, eventually becoming the director of what was then known as the Pierpont Morgan Library. Born to Black parents, Belle spent her adult life passing as white. Belle’s life is the inspiration for several fiction books, notably The Personal Librarian by Marie Benedict and Victoria Christopher Murray.

About the presenter: Dr. Daria Rose Foner is an art historian and native New Yorker. She is currently a member of the Old Master Paintings department at Sotheby’s, New York. Prior to joining Sotheby's, she was the Research Associate to the Director at the Morgan Library & Museum. She completed her Ph.D. at Columbia University and is a Fulbright Award Recipient. She received her B.A. from Princeton University and her M.Phil. from the University of Cambridge.

Press release:

The Bergen Republican Committee has been notified that Town Clerk, Michele Smith; Town Council Member, Mark Anderson; and Town Justice, Joe Nenni will not be seeking re-election this year.  The Republican Committee appreciates their service to the community and wish them well as they move forward.  The committee is seeking residents that may be willing to serve on the town council to contact either Cindy Anderson (329-1848) or Bob Bausch (797-9357). 

Press release:

Congresswoman Claudia Tenney (NY-24) yesterday introduced the Protecting Gun Owners in Bankruptcy Act. This bill would exempt $3,000 worth of firearms from bankruptcy proceedings, allowing Americans to maintain their Second Amendment rights through tough financial times.

Current bankruptcy law allows debtors to maintain items to support a base quality of life, including a primary residency, car, clothing, household appliances, and even musical instruments. But there is no current exemption for a firearm that can be used for self-defense, a constitutional right. This important piece of legislation ensures that Americans can keep their firearms to defend themselves, no matter their financial state.

“No American should ever have to sacrifice their constitutional rights because of their financial situation,” said Congresswoman Tenney. “The Second Amendment is a constitutional right for all Americans, even those experiencing financial hardship. I am honored to lead this important legislation that protects the rights of gun owners everywhere, no matter their financial situation.”

Additional co-sponsors include Rep. Paul Gosar (AZ-9), Rep. Randy Weber (TX-14), and Rep. Doug Lamborn (CO-5).

Read the full text of the bill here.

The Roman Catholic Diocese of Buffalo is celebrating its 175th anniversary from May 1 to May 7, marking the occasion with various events, activities, and service projects across the diocese, including events in Genesee County. 

On Sunday, Feb. 19, at 3 p.m., there will be a celebration mass at Ascension Parish, 19 Sumner St., Batavia.

The celebration also involves Our Lady of Mercy and St. Brigid (Le Roy), St. Padre Pio (Oakfield), Our Lady of Fatima (Elba), Mary Immaculate (E. Bethany), and Immaculate Heart of Mary in Darien Center.

The Diocese of Buffalo was founded in April 1847 and has been serving the people of Western New York for 175 years. The anniversary celebration is a recognition of the powerful legacy of faith and service that the diocese has established, and an opportunity for members of the diocese to deepen their own faith, share and witness that faith to others, and serve one another.

According to a statement from the diocese, "We are called to continue and pass on our heritage of faith and service to future generations." The 175th anniversary of the Diocese of Buffalo is a time for celebration and reflection, and an opportunity for members of the diocese to recommit themselves to the legacy of faith and service that has defined the diocese for 175 years."

(Based on a press release from The Roman Catholic Diocese of Buffalo.)

Press Release:

Genesee County Sheriff’s Office, the City of Batavia Police Department and the Village of LeRoy Police Department will be participating in a coordinated effort with the STOP-DWI program to bring awareness to the dangers of impaired driving.

The Super Bowl is America’s most watched national sporting event and Super Bowl Weekend is historically a deadly period for impaired driving. In a combined effort to bring awareness to the dangers of impaired driving, prevent injuries and save lives, law enforcement officers across New York State and STOP-DWI programs will be participating in special engagement efforts.

The statewide STOP-DWI efforts begin Friday, and will end on Monday.

Highly visible, highly publicized efforts like the STOP-DWI High Visibility Engagement Campaign aim to further reduce the incidence of drunk and impaired driving.

Remember: Impaired driving is completely preventable. All it takes is a little planning. If you are impaired by drugs or alcohol and thinking about driving, pass your keys on to a sober driver.

Local artist David F. Burke provided Tuesday's artist demo on Intuitive Painting for the Batavia Society of Artists and GO ART!

Intuitive Painting, Burke said, is what happens when you have no preconceived image in your head about your finished work. You let the blank canvas lead you each step of the way. 

There are no rules, no restraints.

"You just allow for each paint stroke or mark that you have made to speak to you about the next one," he said. "You are freed from the needless self-analyzing or overly scrutinizing your work. It can be meditative and self-reflective as you explore all the possible combinations of color, value, shape, visual texture, that show up through your own personal style."

Press release:

Last evening the Committee unanimously endorsed Incumbents for Re-election:

Brooks Hawley, County Legislature, District 4 Towns of Batavia and Stafford. Additionally, Chad Zambito and Sharon White were both endorsed to continue serving as members of the Town Board.

Appointed as new Town Republican Committee members were William Sutton, Andrew Mullen and Michael Pettinella.

Press release:

Are you or a loved one struggling with anxiety, fear, panic disorders, depression, obsession, sleep disorders, PTSD, schizophrenia, eating disorders, disruptive behavior, bipolar disorder, hearing voices, or seeing hallucinations? While some of these conditions may have scientific explanations, others may not.

Doctors often attribute these symptoms to physical or mental disorders and prescribe drugs to treat them. However, some believe that many of these symptoms are actually spiritual in nature.

As Christians, it is believed that some of these issues can be caused by poor decisions, wrong choices, and engaging in activities that are not in line with biblical teachings. This can include occult practices, sorcery, or witchcraft, even if engaged in unknowingly.

The Bible offers guidance on these matters, and Jesus Christ offers deliverance and healing. If you or a loved one are struggling with afflictions, you are invited to attend a Mass Deliverance Service on Feb. 17 at EverPresent Church, located at 4 Batavia City Centre in Batavia. Parking is available in the former JC Penny lot. Doors open at 5:30 p.m. and the event begins at 6 p.m.

If you have any questions, please call (585) 297-3155.

Press release:

Congresswoman Claudia Tenney (NY-24), a member of the Ways and Means Committee, today introduced a resolution expressing the sense of the House of Representatives that Social Security should be preserved and protected for current beneficiaries, and for future generations to come.

Congresswoman Tenney released the following statement after the introduction of the resolution: 

“Last night, in his State of the Union address, President Biden once again spewed lies and a false narrative surrounding House Republican’s plan for Social Security and Medicare,” said Congresswoman Tenney. “This resolution reaffirms House Republicans’ commitment to protecting Social Security for current beneficiaries and future generations to come. Programs like Social Security and Medicare were lifelines for my parents when they were older, and I will always fight to preserve and strengthen them for seniors, retirees, and future beneficiaries. Joe Biden’s shameful and deliberate deception demonstrates once again how unserious he is about working with Republicans to address the crises facing our nation under his leadership.”

Read the full text of the resolution here.