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Pavilion town supervisor: Residents are energized to do something about Route 63 traffic in school district

By Mike Pettinella

Armed with a petition of 1,100 signatures, Pavilion Town Supervisor Robert LaPoint (in photo) told the Genesee County Legislature this afternoon that the community he serves is galvanized to do something about what he says is a dangerous traffic situation in the vicinity of Pavilion Central School on Route 63.

“With the help of the school district, we put forth a petition just to see if there was interest in the community to try to address this issue and, in under a week, we had 1,100 signatures on that petition in support of it – which is just under half of the population of the Town of Pavilion,” he said. “There is definitely energy in the town to try to do something about this.”

LaPoint informed lawmakers of the situation during a Committee of the Whole meeting attended by Congressman Chris Jacobs at the Old County Courthouse Legislative Chambers. The meeting was set up to appraise the congressman with the county’s infrastructure needs, specifically bridges, water and high-speed internet access.

In Pavilion, LaPoint said the excessive amount of tractor-trailer traffic coming through the hamlet has created a hazardous condition, putting students, staff and parents at risk.

He said the amount of traffic on Route 63 coming from the north or the south past the school dictates how quickly school buses and cars exiting the school parking lots can pull onto the state highway.

“The elementary school is just off 63 on York Road and the high school and middle school are on Route 63,” LaPoint said. “The bus loops and the student parking lots exit directly onto Route 63. This is in a 35-mile-per-hour zone, but that seems like it’s an optional speed limit to many of the trucks that come through town.”

As a result, he said, the traffic flow “coming in and out of the school at various times of the day is a real challenge.”

LaPoint said he has spoken with state Department of Transportation officials, although “not in formal terms,” and understands that the DOT will have final say in any changes, such as traffic control devices or additional signage.

Noting that he would rely on road engineers for advice, he underscored that “everyone agrees it is a problem and a dangerous situation waiting to happen with our students, our faculty and our parents.”

When asked by The Batavian reporter what the petition stated, LaPoint said it “says we need to address the dangerous traffic conditions around the schools, and it goes into specifics about some of the challenges.”

“The elementary school doesn’t exit directly on to Route 63, but they’re 100 feet away. Over 50 percent of the cars exit the elementary school and attempt to turn, and it’s only a stop sign. The stop sign that terminates York Road, the cross street of Route 63 and then (there is) the bus loop; it’s like a continuation of York Road.”

LaPoint said he observes buses and cars backed up so far that they block all the parking lots.

“Everyone is stuck there waiting because without a timed traffic light, it’s just up to the traffic (on Route 63) to decide when you can go out,” he said. “And (it’s) because we have so many heavy tractor-trailers going down that road. To me, school buses and tractor-trailers don’t mix.”

Legislator Gary Maha asked LaPoint if the stretch near the school was zoned as a school district.

“It is not,” LaPoint answered. “It’s just a 35 (mph) right on through the hamlet. What they (DOT) told me was that without walkers and without a crossing guard … there was no way to get a school speed zone. We don’t have walkers or traffic safety crossing guard because it would be absurd to attempt to have students walking on that road. It would just be far too dangerous for us.”

Maha mentioned serving on the Route 63 Corridor committee led by Bruce Tehan about 30 years ago, and a study that looked at creating a bypass for trucks coming off or going to Interstate 390 and not using the Thruway.

“We found it would cost $1 million a mile (for a bypass),” Maha said.

LaPoint said the best option would be to have a flashing light put in at the intersection of Route 63 and York Road, one that could be activated during drop off times in the morning and at dismissal.

“We have an SRO (school resource officer) there, but I don’t know technically speaking how these things could be operated -- if an SRO could operate it,” he said. “I know he’s jumped out to direct traffic at various times because the flow situation can get so bad. It messes up the school, too. If their buses take an extra 10 minutes … then they’re not back in time.”

He brought up that transportation could become a bigger headache with the school entering into an in-school and remote learning schedule.

LaPoint also said he would like to see reduced speed all the way up to Route 246 about a quarter-mile to the southeast of the school, pointing out the difficulty at times of making turns from Route 246 (Perry Road) onto Route 63.

“What we have on 246 is a north-south road crossing at an angle, essentially double the size of road you’re trying to get across, when you try to clear that intersection,” he explained. “Not to mention that you need to square up to the road to see because there’s a blind hill there.

“When traffic is coming down above the speed limit, you can’t get across … and I’ve driven tractors and wagons across that intersection, and you do a sign of the cross and open it wide open and go. By the time you get across the road, you might be relying on somebody hitting the brakes that you couldn’t see before you left.”

On another front, LaPoint reported that the Town of Pavilion is “on the cusp” of building a new water tank to provide water service to the eastern and most of the northern part of the town, and that the town is hoping to add more water districts in the coming years.

While acknowledging that the Town of Pavilion would welcome any financial support for infrastructure, he was quick to thank the legislature for planning to make another revenue distribution to the county’s towns and villages.

Previous: Legislature set to distribute another round of payments to towns and villages.

“It really puts the proof in the pudding that when we started this whole thing (COVID-19), everybody was getting nervous,” he said. “The legislature is not trying to seize money. It is trying to be prudent at both the legislative county level and with all of our area municipalities. So, from the bottom of my heart, thank you very much.”

Photo by Mike Pettinella.

No new cases reported today of COVID-19 in Genesee County

By Press Release

Press release:

New Cases – As of 2 p.m. 

  • Genesee County received zero new positive case of COVID-19.
    • Fifteen new individuals are on precautionary quarantine due to travel from restricted states.
    • Two of the positive individuals are hospitalized.
       
  • Orleans County received zero new positive cases of COVID-19.
    • Two new individuals are on precautionary quarantine due to travel from restricted states.

Car vs. bicyclist accident, with injuries, reported on South Main Street, Batavia

By Billie Owens

A vehicle vs. bicyclist accident is reported at 3670 S. Main St., Batavia. There are injuries. East Pembroke Fire Department is responding along with Mercy medics.

The location is between Lovers Lane and Fairway Drive.

UPDATE 5:39 p.m.: Patient is denying EMS; assignment is back in service.

Dog locked inside blue SUV in handicap spot in front of BJ's

By Billie Owens

A caller reports there's a dog that's been locked inside a blue SUV for 30 to 40 minutes at BJ's Wholesale Club. The vehicle is in a handicap parking space in front. An animal control officer is responding. It's about 70 degrees outside.

UPDATE: The officer has driven through the parking lot three times and is unable to locate the vehicle; back in service.

Legislature set to distribute another round of payments to towns and villages

By Mike Pettinella

The Genesee County Legislature is preparing to make another round of voluntary payments – the third such distribution this year – to towns and villages.

Later this afternoon, the legislature’s Ways & Means Committee is expected to put its stamp of approval on a resolution to appropriate $2 million to 19 municipalities in the county.

These voluntary distributions became a lightning rod for debate among town and village administrators in late March after the county decided to suspend payments in light of the COVID-19 pandemic’s effect upon its revenue stream.

The legislature did authorize voluntary distribution payments to towns and villages on April 24 ($3.025 million) and on July 22 ($1.1 million).

County Manager Matt Landers said that the April distribution was money “originally planned, pre-COVID” while the July payment was made and the proposed current distribution will be made after “month-by-month reviews, recommendations and decisions going forward.”

The latest proposed payments (subject to a vote by the full legislature on Aug. 26) are as follows:

  • Town of Alabama -- $79,106;
  • Town of Alexander -- $81,708;
  • Town of Batavia -- $341,998;
  • Town of Bergen -- $98,996;
  • Town of Bethany -- $82,082;
  • Town of Byron -- $94,960;
  • Town of Darien -- $197,872;
  • Town of Elba -- $73,874;
  • Town of Le Roy -- $165,332;
  • Town of Oakfield -- $61,130;
  • Town of Pavilion -- $109,162;
  • Town of Pembroke -- $200,050;
  • Town of Stafford -- $126,390;
  • Village of Alexander -- $14,732;
  • Village of Bergen -- $37,864;
  • Village of Corfu -- $26,846;
  • Village of Elba -- $21,500;
  • Village of Le Roy -- $145,194;
  • Village of Oakfield -- $41,204;
  • Total Distribution -- $2,000,000.

'My sunflower is taller than your sunflower!'

By Billie Owens

Not to be outdone by anyone in Batavia, proud grandmother Mayja Andrews, of Le Roy, sent us this photo Tuesday of her granddaughter, Eva Goff, and her 12-foot-high sunflowers.

Eva, a student at Byron-Bergen Jr./Sr. High School, has been "staying busy" this summer by tending garden and getting her sunflowers to flourish, according to her grandma.

Town of Batavia renews declaration of State of Emergency for up to 30 days due to COVID-19

By Billie Owens

Public Notice

Town of Batavia State of Emergency Declaration

A State of Emergency was declared in the TOWN OF BATAVIA, effective at 6 p.m. on Aug. 15, 2020.

This State of Emergency has been declared due to the existing and continuing declared States of Emergency at the Federal, State, County, and City of Batavia, related to the COVID-19 virus.

This situation threatens the public safety.

This State of Emergency will remain in effect for 30 days or until rescinded by a subsequent order.

As the Chief Executive of TOWN OF BATAVIA, County of Genesee, State of New York, I, Gregory H. Post, exercise the authority given me under Section 24 of the New York State Executive Law, to preserve the public safety and hereby render all required and available assistance vital to the security, well-being, and health of the citizens of this Municipality.

I hereby direct all departments and agencies of TOWN OF BATAVIA to take whatever steps necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary.

Gregory H. Post,

Town of Batavia Supervisor

Aug. 15, 2020

Sheriff secures $27K grant to participate in Police Traffic Services Program for a year

By Press Release

Press release:

Sheriff William A. Sheron Jr. has secured $27,000 from the NYS Governor’s Traffic Safety Committee for the Genesee County Sheriff’s Office to participate in the statewide Police Traffic Services Program from Oct. 1 through Sept. 30. 

“The goal of this program is to increase seat belt compliance and reduce dangerous driving behaviors in an effort to reduce serious injury and death from traffic crashes," Sheriff Sheron said.

Vehicle occupants that do not use seat belts or child safety seats are four times more likely to require hospitalization, three times more likely to be diagnosed with a traumatic brain injury, and twice as likely to be diagnosed with a serious injury.

Genesee County has one new case of COVID-19 today

By Billie Owens

Press release:

New Cases – As of 2 p.m. 

  • Genesee County received one new positive case of COVID-19.
    • The new positive case resides in Pembroke.
    • The positive individual is in their 60s.
    • The individual was not mandatory quarantine prior to testing positive.
    • Twenty-five new individuals are on precautionary quarantine due to travel from restricted states.
    • Two of the positive individuals are hospitalized.
       
  • Orleans County received zero new positive cases of COVID-19.
    • Seven new individuals are on precautionary quarantine due to travel from restricted states.

City police ask for public's help on information related to car-into-house accident yesterday on East Avenue

By Billie Owens

Regarding the car-into-house accident yesterday shortly before 8 p.m., City of Batavia Police Chief Shawn Heubusch says:

"We have received several inquiries regarding an update from the car/house accident last evening at 20 East Ave. At this time the incident is still under investigation and no further info will be released.

"We are asking that if any member of the public has any information to contact our dispatch center at 345-6350, and ask to speak with a supervisor, or call the confidential tip line at 345-6370."

The chief said media will be updated with future developments as they become available.

Previous report: Car strikes house, East Ave closed

Car vs. pedestrian accident reported on Walnut Street in the city

By Billie Owens

 A car vs. pedestrian accident is reported at 21 Walnut St. The victim is breathing and alert, complaining of leg pain, according to a first responder on scene. City fire and Mercy medics are responding. The location is between South Main Street and Walnut Place.

Byron 'mega' solar project moves forward despite opposition; virtual open houses scheduled for Aug. 31

By Mike Pettinella

In the 18 months since the announcement of a large scale, 280-megawatt Excelsior Solar Project in the Town of Byron, the principals involved have engaged in considerable posturing and legal maneuvering.

Excelsior Energy Center, a subsidiary of NextEra Energy Resources LLC, based in Vero Beach, Fla., is proposing to construct 1,600- to 1,700-acre solar electric generating facility under Article 10 of the New York State Public Service Law.

The Article 10 law directs the NYS Board on Electric Generation Siting and the Environment in regard to construction and operation of solar project larger than 25 megawatts.

Four steps are part of the Article 10 process:

  • Public involvement program (informational meetings and open houses);
  • Preliminary scoping statement (details of the project);
  • Formal application to the siting board;
  • Siting board decision (to issue or deny the certificate).

About a year ago, the Byron Town Board hired an attorney to navigate the process.

Byron Town Supervisor Peter Yasses on Sunday said the board is taking a “neutral approach” as it updates its solar ordinance prior to Excelsior Energy’s submission of its final application to the state.

“We’re trying to get our zoning laws in place so that it won’t impact the people so much,” Yasses said.

The Byron Town Board’s next scheduled meeting is Sept. 26.

NextEra Closes in on Application Filing

Keddy Chandran, project manager for NextEra Energy Resources, today said his company is finalizing its formal application and expects to submit it by the end of September.

“We’re sort of nearing the end of that process after having incorporated the thoughts and input from various folks in the Town of Byron, residents, leadership and the planning board,” he said.

Chandran noted that NextEra recently distributed an informational mailer to residents that reveals “the status of the project, the conceptual map of the project layout and answers some general, frequently asked questions that we come across.”

Meanwhile, an opposition group of about 140 members known as Byron Association Against Solar secured legal counsel in an effort to, according to its website, “protest the large solar and wind projects that turn our valuable farmland into solar or wind projects that support New York City.”

Yasses said the proposed project has divided the community.

“It’s like the politics we’re seeing (at the national level) right now,” Yasses said. “Some people are for it and some people are against it. Some people are neutral. The people who are against it are strongly against it, and the people who are for it are strongly for it.”

The supervisor said he believes the system eventually will become a reality.

Yasses: There’s No Stopping It

“This is (Gov.) Andrew Cuomo’s pet project and we were told by the experts, our attorneys, that there is no stopping it,” he said. “It’s always good to have an opposition group, but it’s coming.”

Just last week, the siting board responded to a letter from BAAS attorneys objecting to Excelsior Energy’s desire to “forego the two open houses prior to filing its application, which are part of the company’s Public Involvement Plan.”

BAAS took the stance that Excelsior Energy should hold off on filing the formal application until after in-person open houses are conducted.

Per the letter, BAAS was “concerned that Excelsior is using COVID-19 as an excuse to deprive the public of the opportunity to learn about the project in person.”

“This action also serves to deprive Excelsior of the opportunity to understand all local concerns … which should play a prominent role in Excelsior’s proposals for studies necessary to quantify the environmental and economic impacts of the Project,” attorneys wrote.

The siting board ruled that the “public information sessions be held, but for protection of the public and participants that the sessions be conducted online” and that ample notice be given of the dates and times of the virtual sessions.

BAAS Wants an In-Person Meeting

Eric Zuber, a Byron Town council member and BAAS spokesperson, said the town board wasn’t informed about Excelsior Energy’s intentions until a couple hours before its Aug. 12th meeting.

“They put that notice out there at the 12th hour. They want to have a meeting by video; we really would like to have it an outside public place – at the rec hall or in the parking lot,” he said.

Acting on the siting board’s ruling, Chandran advised that two virtual open houses will take place on Aug. 31, with times to be announced. He and other members of the NextEra team will be on the available via the web platform.

Chandran said that although the solar project will consist of 1,600 to 1,700 acres, only about half of that area will be covered by solar panels.

“There’s road spacing in between (so) the actual impact is far less than that,” he said. “We have been working with the community tremendously over the past year, taking some of the concerns of the locality into account.”

Specifically, Chandran said major tree stands will not be disrupted – “keeping the rural character and landscape the same,” he noted – and that "some of those tree stands will be connected with game trails to allow free movement of wildlife between clusters of trees.” He also said that space will remain for snowmobile trails.

“We think that it’s a great layout for everybody,” he offered.

Zuber: The Science Points to ‘Harm’

Beyond that, Zuber, owner of a large dairy farm, said the project will “take away the best land in this town.”

“I see all the railroad cars filled with garbage being shipped from New York City through our area, to be dumped to the east, and now they want to take our land,” he said. “They’re treating us worse than they treated the (American) Indians.”

Zuber, said that “the science” shows that the project will do more harm than good.

“The governor is for renewable, but the sad thing is if you really look at the science, and get really in depth, this project is actually bad for climate change. It will make more carbon than what it will prevent,” he said.

“People don’t realize, the corn crop in America produces more oxygen than what the Amazon does. Taking the good land out of production, and then they want to put these solar panels on, they’re going to have to burn 20 percent of the electricity to boost the voltage high enough to push it down an antique line that was put in in 1956. Scientifically, the whole thing is a bad project.”

Zuber said BAAS supports the smaller solar farms that are cropping up in the area – those that supply energy to the local grid – but “it’s these big monstrous projects that want to take the very best ground and pump electricity 300 to 500 miles, it’s just ridiculous.”

He compared it to transporting water through a hose.

“The best way to describe it is that moving electricity is the same as moving water. If you run a three-quarter inch garden hose from here to New York City and try to pump water to New York City, there’s only one way that you can pump it through the garden hose and that’s by taking it to a tremendous amount of pressure,” he reasoned. “And that’s what voltage is. To push that electricity with that voltage that far, it’s absurd.”

‘Constructive, Respectful Conversation’

Chandran, when asked about the challenges dealing with those who oppose the project, said, “I wouldn’t say that they’re challenges.”

“We’re always engaging the community regardless of whether there is opposition or not. We have heard their concerns, just as we have listened to everybody’s concerns. So, I wouldn’t call it difficult. It’s just natural and we want to continue to have constructive, respectful conversation with them,” he said.

Zuber said BAAS is seeking professionals to conduct an agriculture impact study – the effects of taking “the best ground out of production.”

“Excelsior doesn’t want to look at agriculture at all. This thing is a job killer. For every man working on a dairy farm, there’s nine jobs down the line. We’re not going to milk cows in this town anymore; it’s going to cost 400 to 500 jobs,” he said.

Chandran disagreed with Zuber’s assessment, stating that the project will support around 70 farmworkers on the five or six farms that have entered into land leasing contracts with NextEra.

“In helping to diversify their income streams, we’re helping to insure their operations can continue into the future, and that supports their jobs. It’s a really good thing for them,” he said. “Also, this project will be creating a tremendous amount of jobs in the area, and generating revenue for the local economy. I don’t know where he is getting that information, (and) I’m not going to Mr. Zuber’s math on that.”

No Begrudging the Farmers

Zuber, however, said he doesn’t “begrudge” the farmers who have signed on.

“They’ve offered them a ton of money, so they’re going to be rich. It’s a business decision for them,” he said, mentioning that Starowitz, Yunker, L-Brooke, My-T-Acres and Leaton farms are the primary beneficiaries. “But if you talk to any other farmer besides those, they’re against it. But, I don’t begrudge them. Hell, we probably should have signed up, took the money and got out of town.”

Zuber also brought up a matter of $98,000 to be split between the town and BAAS in “intervenor funding” that has yet to be received by either party.

“We were supposed to get that money four months ago,” he said.

The Town of Byron and BAAS appealed to the siting board in late July via their attorneys to halt the solar project until the funds were distributed by New York State. The siting board, however, ruled against them, writing “there is no reason to believe that the funds will not ultimately be disbursed.”

“Unlike a delay in disbursement which can be cured, if the siting board ultimately approves the project, a delay could have a financial impact on the project’s revenues and earnings that could not be cured. Accordingly, the motions of BAAS and the Town are denied,” the siting board determined.

Intervenor Funds Total $378,000

Chandran said that Excelsior has posted $98,000 to fund the costs of local parties and municipalities during the pre-application phase, and the project will further post $280,000 to fund the costs to review the application and participate in the Article 10 proceeding.

“Half of the funds are reserved for municipalities, which includes Genesee County and the Town of Byron. The other half of the funds are open to be disbursed to local parties, including without limitation, supporters, opposition and municipalities,” Chandran explained. “Funds must be spent on efforts to contribute to an informed decision as to the appropriateness of the site and facility, and the funds must be made available on an equitable basis in a manner which facilitates broad public participation.”

Disbursement of the funds is controlled by the Department of Public Service and the State Comptroller, he said.

On a separate front, Town of Byron’s lawyers in late July wrote to the state Department of Public Service, arguing that they had concerns over 18 of about 40 stipulations of the project’s Final Scoping Statement.

According to the letter, the issues focus on Excelsior Energy’s compatibility with local laws and existing community character, visual impact, and effects on the farm economy and the town’s archeological resources.

“Byron is fully prepared to litigate any and all issues related to these and other concerns,” attorneys wrote. “Unfortunately, to date, Excelsior has shown little interest in working collaboratively with the town or its residents to address these issues.”

Chandran mentioned NextEra’s significant investment into the project and its sponsorship of organizations and events in the community.

“We are employing people all across the state to work on this project – surveys on the ground, engineering, analysis and a tremendous amount of effort goes into designing a project of this nature,” he said.

NextEra Supports Local Endeavors

Over the last year, NextEra has made several donations, including a $10,000 gift to the Genesee County Sheriff’s Department’s K-9 program and, just last week, a $3,000 gift to the Town of Byron for a fireworks show.

“It’s just the way that NextEra likes to do business … we love to get involved in the communities where we are,” Chandran said. “Personally, I tutored a number of middle school kids (last summer) during the Genesee County Business Education Alliance Math, Science, Technology Camp. I taught basics of electrical engineering, brought solar panel kits and walked them through a set of lab exercises. We ended up donating those kits to them.”

Chandran said that after the application is deemed compliant, the siting board has 12 months to render a decision.

“There are a lot of mini-steps in between. (It will be) several months after that until we’re able to break ground. The project is planned to be commercially operational in Q4 (the fourth quarter) of 2022,” he said.

Previously, Chandran acknowledged that NextEra is seeking a PILOT (payment in lieu of taxes) with the Genesee County Economic Development Center “to direct revenues beyond what the land generates in its current use.”

Jim Krencik, GCEDC director of Marketing & Communications, said his agency is “actively engaged on behalf of Genesee County and the Byron-Bergen School District, along with the Town of Byron, to negotiate a PILOT for the proposed Excelsior Solar project."

Chandran expressed his elation in bringing such a project to the Town of Byron.

“We’re excited to bring the benefits and more, including all the jobs it’s going to create and benefits to the locality,” he said. “We’re looking forward to continuing the conversation with everybody who would like to have one, including the residents of the Town of Byron, leadership and even the opposition.”

St. Ann's Community unveils new Graduate Practical Nurse Residency program to support nursing careers

By Press Release

Press release:

LE ROY -- St. Ann’s Community is proud to announce the addition of a Graduate Practical Nurse (GPN) Residency Program to its lineup of employee benefits. The program is designed to help support and advance individuals interested in becoming Licensed Practical Nurses (LPN).

Applicants of the GPN Residency Program at St. Ann’s Community will receive hands-on training from some of the area’s leading experts in nursing and education while working and being paid as an LPN.

This training will coincide with the applicant working towards their board licensing exam. Graduates from the program will be reimbursed for exam costs, and they will be promoted to a higher paying LPN position within St. Ann’s Community upon completion of their residency.

“The Graduate Practical Nurse (GPN) Residency Program at St. Ann’s is designed to acclimate and welcome the new LPN graduate into the increasingly complex long-term care environment,” said Chrisann Fennessey, director of Education at St. Ann’s Community and head of the new GPN Residency Program.

“Graduate Practical Nurses will work on the units and in our nursing classroom and lab with nurse educators who have diverse experience in long-term care, acute care, occupational and community health, and leadership and teaching roles at local schools and colleges. They will also work with nursing staff on various units under Registered Nurse (RN) supervision and interact with other disciplines to gain a better understanding of their roles.”

Prospective Licensed Practical Nurses interested in the GPN Residency Program at St. Ann’s Community are encouraged to apply directly to Amanda Falzone, Talent Acquisition Specialist. A resume, official transcripts, and two letters of recommendation are needed to apply. Application materials can be sent directly to Amanda at:   afalzone@mystanns.com

About St. Ann’s Community

St. Ann’s Community is the seventh largest nonprofit senior living provider in New York State and Rochester’s leading senior housing and health services continuum. With campuses in Irondequoit, Webster and Le Roy, St. Ann’s offers a complete range of care that includes independent living, assisted living, memory care, skilled nursing, transitional care/rehab, hospice/palliative care, and adult day programs.

One of Greater Rochester’s largest private employers, St. Ann’s has more than 1,200 employees who are Caring for the "Most Important People on Earth." For more information, call (585) 697-6000 or visit www.stannscommunity.com

Law and Order: Byron man accused of burglary, Oakfield woman accused of stalking

By Billie Owens

Paul William Tuttle, 49, of Route 237, Byron, is charged with: second-degree burglary; fourth-degree criminal mischief; and petit larceny. At 4 a.m. on Aug. 17 Tuttle was arrested following an investigation. It is alleged that Tuttle damaged and stole property after entering a residence unlawfully on Sautell Road in Bergen at 7:30 a.m. on Aug. 16. He was virtually arraigned at Genesee County Jail on behalf of Bergen Town Court and released under supervision of Genesee Justice. He is due in Bergen Town Court on Oct. 5. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kevin Forsyth.

Melissa Dawn Woods, 39, of South Main Street, Oakfield, is charged with fourth-degree stalking. On Aug. 16, Woods was arrested after a harassment complaint alleging that she stalked someone at 6:30 a.m. on Aug. 14 on Alleghany Road in Alabama. She was arraigned in Batavia City Court and released on her own recognizance. Woods is due in Alabama Town Court on Sept. 28. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brice Addison Lehtonen, 23, of Fargo Road, Corfu, is charged with: aggravated driving while intoxicated; DWI; failure to keep right; moving from lane unsafely; and refusal to take a roadside breath test. Lehtonen was arrested at 2:13 a.m. Aug. 15 on South Lake Road in Pembroke following an accident investigation. He allegedly drove while intoxicated and went off the roadway on South Lake Road. He was issued an appearance ticket for Pembroke Town Court and is due there Sept. 30. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Deputy Ryan Young.

Gage Scott Oliver, 28, of Griswold Road, Bergen, is charged with: driving while intoxicated; DWI -- with a BAC of .08 percent or more; and having an inadequate headlight. Oliver was arrested following a traffic stop on Route 19 in the Town of Le Roy at 9:52 p.m. Aug. 16. He was issued traffic tickets returnable to Town of Le Roy Court on Oct. 6. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy David Moore.

Just Kings to submit Victor Thomas' name to serve on expanded Batavia Police Advisory Stakeholder Group

By Mike Pettinella

Just Kings, a newly formed organization dedicated to achieving equality and racial justice in Batavia and Genesee County, today said they plan to submit a letter to Interim City Manager Rachael Tabelski to have a representative on the City’s Police Advisory Stakeholder Group.

“We have discussed this at length and have talked to Chief (Shawn) Heubusch about it, and would like to participate,” said Victor Thomas, adding that he has been selected by Just Kings’ 10-member board of directors for consideration by city leaders.

If chosen, the 36-year-old Thomas, a lifelong Batavian, would be one of six citizen members on the committee, which is being formed in response to Gov. Andrew Cuomo’s Executive Order No. 203.

Just Kings was instrumental in conducting a peaceful March for Justice in downtown Batavia on June 7 and held a community Juneteenth celebration at the YWCA on June 20.

They are hosting a drive-through cookout, offering BBQ chicken or pulled pork dinners, this Saturday from noon until sold out at 25 Harvester Ave. The cost is $12.

Thomas said that he is encouraging people of color to submit a letter of interest to fill other slots on the advisory group.

One person of color already appointed to the group is Batavia City School District Superintendent Anibal Soler Jr.

"Well, I think I do add some diversity to the group. I'm a Latino, bilingual ... I'm not what the perception would be, another Caucasian male," Soler said. "So I think I will bring some of that diversity, to the credit of the police chief to make sure that I'm on this group -- representing the school district and our kids of color."

Soler said that growing up as a Latino male in the City of Rochester, he carries "some experiences with law enforcement that I've had that hopefully can help the group do its work better."

He shared that people of color -- biracial, Asian, African-American and Latino -- comprise about 25 percent of the student population in the Batavia City School District.

The executive order, “New York State Police Reform and Reinvention Collaborative,” stipulates that police departments must adopt a plan by April 1 to be eligible for future state funding.

It includes wording that stakeholders should include “but not (be) limited to membership and leadership of the local police force, members of the community with emphasis in areas with high numbers of police and community interactions, interested non-profit and faith-based community groups, local office of the district attorney, local public defender and local elected officials.”

Toward that end, Tabelski issued a press release about an hour ago declaring that the City of Batavia will add four additional community members, increasing the number of residents from two that were on the original list of stakeholders to six.

Tabelski said the city will strive to ensure proper representation for all.

Per the press release, “The advisory group will open dialogue and add value to the relationships between City government employees, the police department and community residents,” Tabelski said. “As we move forward, the stakeholder meetings will be open for the public to attend, while adhering to COVID-19 protocols.”

Heubusch, in the release, said he is looking forward to starting the process and engaging with citizens in the community.

“The City Police Department is comprised of men and women who take the job of protecting and serving our community very seriously,” he said. “We all look forward to working with the stakeholder group to improve our already robust service and training.

“All individuals should be held to the same standard. No one is above the law; whether civilian, law enforcement or government official and those that break the law should be held accountable.”

With this expansion, the Police Advisory Stakeholder Group will now consist of 19 members, including:

  • City Manager;
  • Police Chief;
  • Assistant Police Chief;
  • City Attorney;
  • One City Council member;
  • Six citizen representatives;
  • Batavia Housing Authority Director;
  • Director of a not-for-profit that serves human interests (e.g. YWCA);
  • District Attorney representative;
  • Public Defender representative;
  • Batavia Police Benevolent Association representative;
  • Batavia City School District Superintendent;
  • Community religious leader;
  • Business leader representative.

Furthermore, Tabelski said the stakeholder group will help identify recommendations for more effective strategies, policies, and procedures to better serve all residents within the City of Batavia. This plan will be developed over the fall and winter, and must be adopted by the City of Batavia by April 1 per Executive Order No. 203.

Citizens interested in being a member of the Police Advisory Stakeholder Group should send their name, phone number, address and email address to the office of the Interim City Manager, Rachael Tabelski. Address: City of Batavia, One Batavia City Centre, Batavia, NY 14020 or via email:  rtabelski@batavianewyork.com.

Photo: Rainbow in Bergen

By Howard B. Owens

Todd Rapp shared this video from yesterday evening of a rainbow in Bergen.

Construction work begins on final leg of water line to STAMP mega site

By Press Release

Press release:

Construction work has commenced to finish a major water line project to the Western New York Science & Technology Advanced Manufacturing Park (STAMP) and bring the STAMP South Campus to 100-percent shovel-readiness for development.

The Genesee County Economic Development Center (GCEDC) announced today (Aug. 18) that the $2 million active infrastructure project enables over one million gallons per day of water capacity to STAMP. This project is supported by Genesee County to support Phase I development of the STAMP site.

The 1,250-acre STAMP site, through the 850-acre STAMP North Campus and the 400-acre STAMP South Campus, is designed and permitted for more than six million square feet of new construction supported by low-cost hydropower.

“There is a tremendous amount of momentum for STAMP right now and not just from an infrastructure investment and construction standpoint, but in interest among site selectors and representatives from advanced manufacturing companies, including semiconductor companies from across the world,” said Steve Hyde, president and CEO, GCEDC. 

The start of the construction on the latest STAMP water line comes after U.S. Senator Charles Schumer was in Batavia on July 31st to announce among other things, his support for a $1 million grant through the Northern Border Regional Commission for the construction of a new force main to serve the entire STAMP site. 

STAMP infrastructure design, engineering and construction launched in 2014 with the allocation of $33 million by New York State.

“With federal, state and local funding enabling STAMP’s infrastructure delivery, our 1,250-acre mega site will provide a significant return on investment and can be a model for economic recovery as New York State emerges from the pandemic,” Hyde said.

The infrastructure work includes the completion of the construction of a water line that was started from a connection from the Erie County Water Authority in Pembroke near the New York State Thruway. The second leg included construction of the line at a connection near the Western New York National Cemetery for veterans, and now from the cemetery to the STAMP South Campus.  

The work is anticipated being completed by the end this year. The design and engineering work was performed by Clark Patterson & Lee.

Genesee County EMS 'goes overtime' to help during COVID-19; calls upon task force to address staffing woes

By Mike Pettinella

The Genesee County Office of Emergency Management Services distributed more than 100,000 masks and nearly 22,000 2-ounce bottles of hand sanitizer through June 30 in its efforts to prevent the coronavirus from spreading.

In a departmental review presented to the Genesee County Legislature’s Public Service Committee today, EMS Coordinator Tim Yaeger (pictured above) reported that his office assisted about 250 agencies, “which then touched about another 100 agencies" from March 16 through June 30.

Yaeger said supplies went to first responders, churches, for-profit agencies, nonprofit agencies, and other organizations as it was “tasked upon us” during what he called a “difficult time.”

According to his report, the Personal Protective Equipment supply distribution was as follows:

  • N95 masks -- 8,412;
  • Surgical masks -- 66,636;
  • Cloth masks -- 48,354;
  • Gloves -- 65,300;
  • Hand Sanitizer (gallons) -- 605;
  • Hand Sanitizer (2 oz.) -- 21,996;
  • Thermometers -- 150;
  • Gowns/Tyvek Suits -- 1,275.

His report also indicated that the Emergency Operation Center, activated in response to COVID-19, was staffed on Monday through Friday, monitored on the weekend and manned by the department’s full-time staff with assistance from deputy fire coordinators and county fire instructors.

Hours of operation started at 12 per day before being reduced to nine per day during the final month.

He credited his employees, (Deputy Coordinator) Bill Schutt, Gary Patnode and Jeanette Diehl, for pulling together as a team, and noted that first responders in the community were understanding, “very, very cooperative, and everybody got through this.”

Yaeger reported that staffing of volunteer fire and emergency management services personnel throughout the nation, including Genesee County, is at a “critical level making it many times unlikely to provide the manpower necessary to respond to emergency situations.”

With that in mind, he said that a Volunteer Services Task Force at the county level has been established to address this issue. Several meetings have taken place to look at viable solutions and funding avenues.

He believes that the best option for emergency services is a “hybrid; volunteer/career, paid/unpaid, staffed/unstaffed, local/county system.”

His report indicates that qualified staffing needs to be available when mobilized, and hopes that the task force would come up with an effective plan.

“We need to find a better system that we have today,” he said.

Yaeger also reported on other aspects of his department as follows:

  • Nineteen of 20 jurisdictions (the Town of Alexander being the exception) have signed onto the county’s Hazard Mitigation Plan, which serves as a “blueprint for reducing the county’s vulnerability to disaster and hazards.”

Adopted in 2009, the HMP is a required guide for municipalities to be eligible for any state and federal mitigation funding. The updated County HazMat plan was approved by the legislature in October 2019.

  • Three new deputy field coordinators have come on board in the past 16 months – Brian Schollard, Dan Coffey and Chuck Dodson.

In a related development, the PSC approved the acceptance of a State Homeland Security Program grant in the amount of $109,781 in connection with the Federal Emergency Management Agency.

The bulk of the award ($82,336) will be appropriated to the Emergency Management Office operating budget to be used to develop regional partnerships, citizen preparedness efforts, cybersecurity programs, information-sharing capabilities and planning.

The remainder will be directed to the Genesee County Sheriff’s Department for law enforcement terrorism prevention initiatives.

Photo by Mike Pettinella.

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