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From the NYS Police:

On March 4, at 11:12 a.m., Troopers out of SP Batavia responded to a two-vehicle collision on State Route 237 and East Morganville Road in the Town of Stafford.

Further investigation revealed that a 2010 Kia was traveling east on East Morganville Road and stopped at the stop sign at State Route 237. The Kia proceeds into the intersection, not yielding the right of way and was struck on the driver side by a 2002 Peterbilt refuse truck traveling south on State Route 237.

The operator and only occupant of the Kia, Ann K. Wood, 73, of Le Roy, was pronounced deceased at the scene.

The Bureau of Criminal Investigations, Collision Reconstruction Unit assisted in this investigation.

This is still an ongoing investigation.

Michael Anthony Flatley, 33, of Sage Avenue, Buffalo, is charged with: driving while intoxicated -- with a previous conviction within 10 years; aggravated unlicensed operation of a motor vehicle in the first degree; operating a motor vehicle while having a BAC of .08 percent or more; and failure to keep right on a two-lane road. At 1:12 a.m. March 3, Flatley was arrested on the charges after a traffic stop on Alleghany Road in Alabama. He was arraigned in Alabama Town Court and released on his own recognizance. He is due in Genesee County Court on May 5. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy David Moore.

Jeffrey Richard Doherty, 45, of Timberpoint Road, East Islip, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; and improper signal. At 6:65 p.m. on March 3, Genesee County Sheriff's deputies conducted a traffic stop of a vehicle on Buffalo Street in Alexander and Doherty was subsequently arrested. He was issued an appearance ticket to be in Alexander Town Court on April 27. The case was handled by Deputy Erik Andre, assisted by Sgt. Andrew Hale.

Press release:

The New York State-run temporary mass COVID-19 vaccination clinic was opened for appointments this morning at 7:59 a.m. By 9:20 there were no appointments available, however that has been fluctuating. We encourage those who are seeking vaccination to periodically check the site as some may cancel their appointments or the system catches up.

“We realize this may be disappointing and frustrating for our local county residents as it is to us," said Paul Pettit, director of Genesee and Orleans County Health Departments. "We will continue to advocate for increased vaccine allocations moving forward.” 

“Every dose of vaccine that comes to our counties are administered within the week of receipt. We will continue to call on the state to increase allocations to rural counties as our vaccination rates continue to lag in comparison to surrounding counties.”

As a reminder, these clinics are for those in priority groups 1A and 1B, and those 65 and older, or under 65 but at least 18 with co-morbidities.

You can check for appointment availability at https://am-i-eligible.covid19vaccine.health.ny.gov/ or call 1-833-697-4829.

Assemblyman Steve Hawley's statement to The Batavian this morning regarding the mass vaccination clinic at Genesee Community College:

"We sent out a letter to the governor and the (New York State) Department of Health commissioner -- our friends, Mr. Cuomo and Mr. Zucker -- indicating our extreme dismay over the fact that it is going to be open to anyone. The rural counties in New York State, the percentage of completion of vaccines is way, way below the state average, and our surrounding counties' average.

"I think at last count, a couple days ago, the state was at over 15 percent completion of shot one and Orleans County was at about 8 percent, and I don't remember Genesee's (which is slightly higher than Orleans) or Wyoming either. But they're all way below and we've got a pandemic going on here.

"We've got people who can't find appointments. I get 20 to 25 calls every day from people who are trying to find a place to go on. If you're working or are caretaking or whatever, you can't sit in front of a computer all daylong, and if you don't have broadband, you can't get on.

So, this is very, very disheartening. We're New Yorkers, too. This is our health -- life and death in many cases, unfortunately, as we've come to learn. Very, very disappointed. I asked them to change their minds and I haven't heard back."

UPDATE: All vaccination appointments for clinic at GCC booked in less than 90 minutes

In what is turning out to be a good news, not-so-good news situation for citizens of Genesee, Orleans and Wyoming counties, Genesee Community College officially has been designated as a COVID-19 mass vaccination site, beginning this Friday, but the five-day clinic will be open to those who reside outside those counties.

In reaction to this morning’s announcement, Genesee County Manager Matt Landers is urging Genesee, Orleans and Wyoming residents to act fast by logging on to this website -- New York Covid-19 Vaccine (ny.gov).

“It was already going to be competitive because we know the demand is there for our three counties,” Landers said. “It was already going to go fast. Now, it will go even faster.”

Landers said local government leaders are “disappointed” in the decision in that they were led to believe the clinic at GCC would be only for the tri-county residents. 

“I’m 100-percent saddened and want to do all I can to make sure our folks get access," he stated. "We definitely expected this to be restricted to only Genesee, Orleans and Wyoming residents. We were informed that it would be open to anyone at 9:30 on Tuesday night (after officials had commented for the press release below)."

On Feb. 22, legislative leaders and public health directors in the local tri-county area sent a letter to Gov. Andrew Cuomo urgently requesting the designation of a regional mass vaccination clinic at the GCC campus to provide the vaccine exclusively to residents of the rural counties.

The letter, in part, read that “Genesee, Orleans and Wyoming Counties have consistently been left out of the COVID-19 response with delays in testing supplies and now with very limited vaccine allocations. All three counties are medically underserved and having a regional clinic with less than a half-hour commute would benefit these communities."

Landers said the reason for getting a clinic at GCC is because the vaccination rates in the rural counties are lower.

“That was the whole point of this," he said. "This is what gave us some hope. This is what the letter was asking for. It’s unfortunate that at the last second that it’s going to be open to everyone because that isn’t going to directly improve the numbers when folks right on the border of Erie and Monroe can flood into our zone.”

Landers said the plan is to distribute 500 doses on Friday, 1,000 doses on both Saturday and Sunday, and 500 doses on both Monday and Tuesday.

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Here is the press release issued by New York State this morning:

BATAVIA, NY – Governor Andrew M. Cuomo and the New York State Department of Health have agreed to host a temporary regional mass vaccination clinic at Genesee Community College (GCC) main campus center (1 College Road, Batavia) to provide the COVID-19 vaccine to rural counties.

The announcement comes after the legislative leaders and public health directors of Genesee, Orleans and Wyoming Counties sent a letter last week to the Governor urgently requesting the designation of such a clinic to serve rural populations in the region. 

“We are pleased to see this allocation for the Genesee, Orleans and Wyoming County area,” stated Lynne Johnson, chairperson of the Orleans County Legislature. “Our three counties have been underserved throughout this pandemic, especially with the lower vaccine allocations, which in turn produces lower vaccination rates.”

This state-run clinic, expecting to vaccinate 3,500, is targeted to Genesee, Orleans and Wyoming County residents who are in the state eligible groupings. The state has confirmed, as of 03/02/21, the vaccine will be the Johnson & Johnson (Janssen) one-dose vaccine. The clinic is located at the GCC Athletic Center where signs will guide those with appointments to the entrance. The clinic will be held starting:

• Friday, March 5^th from noon to 4 p.m.
• Saturday and Sunday (March 6^th and 7^th) from 8 a.m. to 4 p.m.
• Monday and Tuesday (March 8^th and 9^th) from 9 a.m. to 1 p.m. 

Appointments must be made via the New York State "Am-I-Eligible" webpage https://am-i-eligible.covid19vaccine.health.ny.gov/ or by calling the New York State COVID-19 Vaccination Hotline at 1-833-697-4829 only. 

“We are pleased to be a part of this mass vaccination clinic,” stated Rebecca Ryan, chairwoman of the Wyoming County Board of Supervisors. “This will help put a dent in our priority groups.”

“To say this COVID vaccination site is necessary is an understatement, as I speak with constituents daily who are told they have to travel hours in some cases just to get their vaccine,” said New York State Assemblyman Steve Hawley.

“I am hopeful we will see progress made toward opening this site for the convenience of all who wish to receive the vaccination in the Genesee, Orleans and Wyoming County communities. We need to do all we can to stop the spread of COVID-19 throughout New York State.”

"I am very happy that GCC will be serving as a vaccination site for Genesee, Orleans and Wyoming counties," said New York State Senator Edward Rath. "In the joint legislative health hearing this past Thursday, I specifically requested Commissioner Zucker establish a vaccination site at GCC.

"I am pleased that this all is happening very quickly, and we can work to get residents in our rural counties vaccinated. Thank you to our local leaders for their leadership on the issue."

“We hope this is just the beginning of our region getting an equitable share of the vaccine,” stated Rochelle Stein, chairperson of the Genesee County Legislature. “In order to continue to provide vaccine to those in rural counties, we encourage the state to continue to provide these limited mass vaccination clinics to assist our counties and get the vaccine in the arms of our residents who choose to get it.”

At the suggestion of the Genesee County Chamber of Commerce’s tourism staff and Airbnb officials, County Attorney Kevin Earl and Manager Matt Landers today led a discussion about changing a local law to impose a “bed tax” on residents who rent out their homes on a limited basis.

Speaking at the legislature’s Ways & Means Committee meeting, Earl said he is communicating with representatives of Airbnb, the popular vacation rental online company that helps (for a commission) homeowners arrange lodging for tourists.

His proposal, if supported by the legislature, would generate additional income for the Chamber to run its tourism operations.

“First of all, the Airbnb proposed agreement applies to occupancy taxes – bed taxes as we call them … and the second thing is the important discussion we have to have (because as of now) our law has an exemption for under six units,” Earl advised.

The attorney said a house being rented out for travelers would be considered as one unit.

“So, we would have to have the consent to go ahead and change that to allow the law to apply for under six units,” he said. “Number three is a corollary of that, if we do that, we want to make sure that if somebody rents their house or apartment for a couple days, a couple weekends or one week, that they don’t have to go through all of the process (of) collecting and enumerating bed tax to the county.”

Less Than Six Units, More Than 10 Nights

He then suggested changing the law so that it would apply to less than six units, but only under circumstances when they are rented for more than 10 nights during an entire calendar year.

By modifying existing law, the 3 percent bed tax currently in place for motels and hotels would also be charged to the rental units (homes, apartments and even the small structures at campgrounds).

The hotel adds this charge to the customer’s bill (which also includes an 8 percent sales tax) and remits this occupancy tax payment on a quarterly basis to County Treasurer Scott German, who then appropriates it to the Chamber for tourism purposes.

A nickel of each dollar generated is kept by the county as an administration fee and the remaining 95 cents goes to the Chamber..

Landers said the proposal “has been expressed to us as a matter of fairness because this is something that would even the playing field. Hoteliers have to pay this and (there are) people who are utilizing Airbnb services throughout our county.”

He also mentioned that he did a “quick search” a couple summers ago and found that there were 28 of the Airbnb-variety units in the county, giving him reason to believe a change in the law would be warranted.

“If there was one or two, maybe it wouldn’t be worthwhile but there is enough out there and something that our Chamber of Commerce has expressed interest in exploring,” he said.

He reported that Airbnb has similar contracts with other New York counties.

Landers: Looking for a Consensus

“Kevin and I didn’t want to go through the process of making all these changes – it’s a policy change – if the legislature didn’t have the desire to go forward with these changes,” Landers said. “We can come back again in the future with actual recommended changes of the local law and go to a public hearing … if there is a consensus.”

Legislator Gary Maha asked Landers if he has an estimate of the amount of revenue that would be realized by such a change. The county manager said he did not, referring back to the 28 units he identified a couple years ago but didn’t have a breakdown of the dollars received.

“It’s nothing that would come to the county … the lion’s share goes directly to the chamber,” he said. “This is an area I think will only grow in the future. Airbnb is getting more households and is easier to deal with, and revenue is probably going to be growing. I can’t tell you an estimate of how big it is right now, but if I had to place a guess, it’s only going to go up.”

Legislature Chair Rochelle Stein asked if the modified local law would have an effect on campsites “where folks have those little houses that folks can rent.”

“If they rent those through Airbnb at a campground will that be impacted? And are campgrounds that have those little chalets, I’ll call them tiny houses, are they already paying a bed tax and a sales tax?”

German responded affirmatively, noting that Darien Lake’s campground has “several of those little huts and they are being taxed at 3 percent.”

Law Would Target Booking Companies

Earl said wording of a new law would have general language that would define Airbnb as well as businesses such as Flipkey, HomeAway and VRBO as booking companies.

“So, this will apply to any that are now known or any in the future. We will make the definition broad enough so that if XYZ company comes in as a booking agent – and even realtors (who) could possibly book houses,” he said.

Committee Chair Marianne Clattenburg asked if the new law was implemented, would the Chamber help promote those individuals and companies offering homes for rent by including them in a list available to the general public. Landers said he would expect that to be the case and would share her view with the Chamber staff.

Still, at first sight, she sees the proposal as “more regulation” and said she needs more information before supporting it.

Legislator Christian Yunker asked who is responsible for keeping track of the number of nights and the revenue -- Airbnb or the homeowner?

Landers said that while Airbnb captures the money and remits the funds to the county, individual owners would have to provide a report to the treasurer’s office for reconciliation purposes. Hotels and campgrounds also are subject to that requirement, he added.

Klotzbach contended that Airbnb should be responsible for reporting, but Landers and Earl said the company just wants to pass the money along and is not in favor of a process where individual homeowners’ identities are disclosed.

There's a Cost of Doing Business

At that point, Landers shifted the debate by offering to change the time period.

“Instead of 10 days, if we really want to capture people that do this a lot, then it could be over 30 days or over 60 days,” he said. “I guess at that point you should know if you’re renting a place out for that many days in a row that’s a cost of doing business versus maybe two weeks out of the year, you rent the place out or you’ve got a room that you’re renting out and it’s something you don’t think about.”

He said the county doesn’t seek to be “overly regulatory” but acknowledged the request from the tourism agency “that was hit particularly hard during COVID as a way to capture revenue from people outside of our area to assist with tourism.”

Legislator John Deleo said he didn’t have a problem with someone trying to make some extra money to “keep the water level below their nose” but agreed with Clattenburg that more information is needed before deciding.

Earl said there is no time limit, but is ready to move forward when the legislature approves. Clattenburg then asked Landers and Earl to provide further details while Ways & Means does its own research.

UPDATE: Statement from U.S. State Department:

The welfare and safety of U.S. citizens abroad is one of the highest priorities of the Department of State. We are aware of a U.S. citizen missing in Ecuador. When a U.S. citizen is missing, we work closely with local authorities as they carry out their search efforts, and we share information with families however we can.

A Batavia resident with years of volunteer service locally and overseas, including the Peace Corps, is reportedly missing in Ecuador.  

Travis Sackett has reportedly been missing since Feb. 21 after going on a hike to the Imbabura Volcano.

Recently, he has been a volunteer at a farm in Ecuador.

The U.S. Embassy in Ecuador has reportedly been notified that Sackett hasn't been heard from since he left for the hike. Local search efforts began on Feb. 25.

The Batavian has been unsuccessful in attempts to confirm his status either through a family member or by contacting the U.S. Embassy in Ecuador or the U.S. State Department. 

Cassie Toulet-Crump has set up a GoFundMe page to assist his mother, Lucy Sackett, with expenses related to the search for Travis, including a reward. 

The GoFundMe page says Sackett's parents are offering a $1,000 reward for information that leads to the safe return of their son. Donations will help increase the possible amount of the reward.

Word of Sackett's possible disappearance and the GoFundMe page has been spread widely in the community over the past 24 hours over social media and local email chains.

The Batavia Town Board Tuesday night tabled action necessary to advance a community solar project on Ellicott Street Road – the pros and cons of which have been dissected and discussed by engineers, developers, planners and neighbors for the past year and a half.

Introduced in June 2019, the proposal from Cypress Creek Renewables LLC calls for placement of two solar farms on property owned by Don Partridge at 5117 Ellicott Street Road.

One, Trousdale Solar I, is a 5-megawatt array on 18.2 acres of a 65-acre parcel, and the other, Trousdale Solar II, is an adjacent 4-megawatt system on 19.6 acres of a 71-acre parcel of farmland off Route 63, southeast of the city.

Town planners at their meeting via Zoom videoconferencing last night were looking to proclaim a negative declaration for the State Environmental Quality Review, which deals with the projects’ combined effect on the land, and also to approve separate site plans and special use permits for the two tracts.

During the SEQR process, however, Steve Tanner, a planning board member, said it would be wise to get an updated visual impact study as he had concerns over the proposed screening of the layout from neighboring properties.

Cypress Creek representatives Jerry Leone and civil engineer Nick Hawvermale indicated that they had addressed the town’s request to mitigate any visual impacts by moving a portion of screening (trees, etc.) further south, closer to a neighbor’s property.

After hearing Tanner’s request for photos to be taken from the neighbors’ view, Leone asked Town Engineer Steve Mountain for assistance in obtaining access. Mountain said that would be possible, noting that landowners have been accommodating to the town on other projects.

With an eye on making this happen before the board’s next meeting on Feb. 16, Leone said his company is “prepared to move quickly.”

Planning Board Chair Kathleen Jasinski brought up tabling everything until the supplemental photo documentation was obtained, prompting Partridge, a planning board member, to advise that he had taken more pictures that day from the border of neighboring fields.

“I don’t know what difference it will matter getting up next to their house another 30 feet to visualize something that will be behind the trees that are on Folger’s (property),” he said. “And we have a presentation where they have the driveway and the trees on that. Now if you go to the other side of Folger’s with that tree line … it’s going to be the same kind of visualization on the knoll behind the Smiths' and the ARC properties.”

A motion to table was presented, however, with Town Building Inspector Dan Lang suggesting to “err on the side of caution” before Tanner reiterated his call for “a complete set of documents that show everything we are asking for” – views with screening and without screening.

Planner Jonathan Long supported that, referring to a question on the SEQR application that points to the solar farm being inconsistent with the character of the natural landscape and surmising that proper screening would mitigate potential issues.

Hawvermale took several minutes to go over the renderings of the two solar farms, making planners aware of the placement and types of screenings and buffers.

When questioned about the number of utility poles on the layout, Leone said that is within National Grid’s “purview” and leaves Cypress Creek little flexibility. Hawvermale did provide specifics, indicating that there will be five utility company poles and three others to be put up by Cypress Creek.

Jasinski said the town will contact National Grid to get information about the number of poles in writing, adding that the power company has permitted a fewer number on other projects.

Planners also asked about glare, with Lang stating that a study came back showing no glare at all on the site. Still, he is requesting further research because that is the first time a report came back with that result.

When voting on the proposal does occur, Partridge will be required to abstain.

In recent weeks, neighbors and others living on Ellicott Street Road have spoken out about Partridge’s plan, citing impacts on the land and property values, and questioning whether two 20-acre side-by-side arrays violate the maximum limit imposed by the Town of Batavia.

Previously: Ellicott Street Road resident challenges Town of Batavia's 20-acre solar limit as nearby project moves forward

After a passenger in a vehicle stopped by a Batavia police officer bolted from the car at 6:01 p.m., Feb. 25, K9 Batu was pressed into service helping with his first apprehension of a fleeing subject.

Handler Stephen Quider and Batu started patrol duties together earlier this year. 

Taken into custody was Dejon. J. Smith, 21, of Rochester. He was apprehended after a brief foot pursuit. Batu reportedly located Smith behind a residence on Ellicott Street.

Crack cocaine and marijuana were recovered at the scene of the traffic stop and police report finding additional crack cocaine inside the storage shed.

Also taken into custody was Germayne D. Session, 27, of Rochester.

Smith is charged with: criminal possession of a controlled substance with intent to sell; criminal possession of a controlled substance, 4th; burglary, 3rd; unlawful possession of marijuana, 2nd; tampering with physical evidence; resisting arrest; and obstruction of governmental administration. 

Session was charged with driving a vehicle with a revoked or suspended registration, unlicensed operation, unlawful possession of marijuana, 2nd.

Smith was turned over to Irondequoit Police Department on an unrelated warrant and Session was released on an appearance ticket.

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

Although delayed, the Genesee-Orleans Regional Arts Council reportedly will be receiving the full amount of its state funding that has been on hold due to the COVID-19 pandemic, giving Executive Director Gregory Hallock reason to believe the agency will be able to provide all of its services and programs in 2021.

“We just received word that we will be getting the full $127,000 (mostly from the New York State Council on the Arts), we just don’t know when the money is coming in,” said Hallock during an agency review Monday for the Genesee County Legislature’s Human Services Committee.

Hallock said that GO ART! had to “shut everything down” last March at the outset of the coronavirus outbreak, resulting in cancelled events, such as the July 4^th Picnic in the Park (it was held virtually) and the halting of renovations at the 201 E. Main St. facility.

“It was a scary situation, but we are seeing the light,” he said, adding that the agency currently has about $70,000 on hand, twice as much as he expected.

With the assurances of its usual monetary support – and through the utilization of Payroll Protection Program grants, GO ART! is ready to transition its two employees back to full time later this month and is “planning to be fully open on September 1st,” Hallock said.

He said he is excited about the new features at the building, including a dance studio – “we even have a disco light,” he said – as well as a film studio, podcast studio with soundproofing windows, a hair studio, remodeled kitchen, and library with a grand piano.

GO ART! is looking to open Tavern 2.0.1 in September, Hallock said, disappointed that it was in operation for just two and a half months in 2020.

“We’re ready to make a ‘big bang’ when we get the go-ahead to start that back up,” he said.

The executive director’s report pointed out the value of a cultural component, noting there is a 7:1 return on dollars spent both directly and indirectly.

“Indications show that in our very region, arts/cultural tourists spend an average of 50 percent more than residents do per event, with an emphasis on indirect spending in the restaurant and hospitality sectors,” he stated.

He said GO ART! is able to support local organizations and individuals through the NYSCA Decentralized Re-Grant Program.

More than $43,000 in grants funded by the NYSCA, namely “Reach,” “Ripple” and “Spark” grants, were awarded in Genesee County in 2020, he said.

“Reach” grant award recipients included the Genesee Valley Wind Ensemble’s concert season, Genesee Symphony Orchestra, Arc of Genesee/Orleans, Holland Purchase Historical Society, Elba Betterment Committee, Woodward Memorial Library, Genesee Chorale, ACORNS music in the park, Gillam Grant Community Center and the Batavia Concert Band.

Individual artists receiving “Ripple” grants were David Burke, Bart Dentino, Mandy Humphrey and Eric Zwieg.

Hallock said GO ART! spent $20,000 toward facility construction prior to the shutdown, and is set to resume the exterior and interior renovations, which are estimated to cost $218,000. Work will be done on the main entrance awning, kitchen roof, gutter system, storm windows and chimney.

GO ART! has received six grants for this project, totaling $199,500, he said, and is seeking grants to install an elevator, update the central air system and create a cultural garden.

The agency also is working on a partnering grant with the arts councils in Wyoming, Livingston and Monroe counties to share a full-time marketing director, Hallock said. Currently, GO ART! shares a full-time folklorist with Wyoming and Livingston counties.

Hallock said plans including offering the building for long-term room rentals, artist nights and other programs. Despite the pandemic, he said the agency assisted other organizations by using the building as a distribution site for food and clothing, and distributed 16,000 art kits to youth in Genesee and Orleans counties.

In legislative action, the Human Services Committee recommended approval of a resolution to allocate $6,500 to GO ART! for 2021. This is the same amount of funding that was appropriated in 2018, 2019 and 2020.

Additional doses of both the Moderna and Pfizer vaccine have been coming into Genesee County this week -- a welcome sign of better days ahead, according to the Genesee/Orleans public health director.

“After our allocation had been flat for four weeks, the county Department of Health has received 885 doses of the vaccine – 300 of the Moderna and 585 of the Pfizer,” Paul Pettit said this afternoon via Zoom during the Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse.

Pettit also mentioned that several “community partners” have received vaccines, with United Memorial Medical Center getting 200 doses and Tops Market in Batavia, Tops Market in Le Roy and Oakfield Family Pharmacy receiving 100 doses each.

He reported that Genesee Community College will be the site of two local vaccination clinics this week – from 11 a.m. to 3 p.m. Wednesday for first dose only and from 9 to 11 a.m. Friday for second dose only.

This is not the mass vaccination clinic at GCC that leaders in Genesee, Orleans and Wyoming counties have been vigorously asking for, but good news may be around the corner, Pettit said.

“We’re still working on the details of a potential mass vaccination location,” he said. “We expect more details tomorrow and will send out a press release as soon as possible.” 

He said 3,500 doses would be available if and when New York State officially approves the college as a regional vaccination clinic.

In related COVID-19 developments, Pettit said the state’s guidance on gatherings is expected to change on March 15, increasing the number to 150 people or 50 percent of capacity, and he said he anticipates the county receiving the Johnson & Johnson single-dose vaccine in a couple weeks.

He also urged state officials to update their guidance concerning people who are fully vaccinated.

“They already recognize the exposure aspect of it (that they don’t have to quarantine), but now they need to do the same when it comes to travel,” Pettit said.

Legislatively, the Human Services Committee approved two resolutions submitted by Pettit that reflect funding connected to the county’s effort to test for the virus and vaccinate against it:

• An agreement with the New York State Department of Health for the acceptance of the Immunization Action Plan contract for the period April 1 through March 31 in the amount of $25,651.20.

• An amendment to the county budget to reflect increases in overtime, Social Security, Medicare and Specialized Supplies totaling $13,566, with these costs offset by federal revenue.

Press release:

• Genesee County received 30 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s and 60s. 
  • Forty-three of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Nine of the current positive individuals are hospitalized.
  • Six of the new positive individuals are inmates at the Buffalo Federal Detention Center.
  • We retracted three positive residents of The New York State Veterans' Home at Batavia that were determined to be duplicates. 

• Orleans County received eight new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 60s, and 80s.
  • Three of the new positive individuals were under mandatory quarantine prior to testing positive.
  • Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the current positive individuals are hospitalized.

There were a few storylines to take note of going into this afternoon’s Monroe County Division IV girls’ basketball game featuring the host Batavia Lady Devils and the Honeoye Falls-Lima Lady Cougars.

One, could Batavia avenge a loss to the HF-L earlier this season and hand the Lady Cougars their first league defeat?

Two, could the undersized Lady Devils find a way to prevent 6-foot-1 junior center Teagan Kamm from dominating on both ends of the floor?

And three, could senior guard Mackenzie Reigle find a way to maneuver through and around a defense set up to stop her and running mate Bryn Wormley to score the 16 points she needed to reach 1,000 points in her varsity career?

Well, the answers – in order – are (1) yes, (2) yes, after the opening quarter, and (3) almost.

Getting contributions from eight players, Batavia posted a 55-51 win over HF-L, dropping the Lady Cougars to 6-1 in the league and 6-3 overall.

The Lady Devils’ sixth straight victory puts them at 6-2 in league play and also 6-3 overall.

Reigle scored 15 points – and now has 999 points since being called up to the varsity late in the season as a seventh-grader – and Wormley added 13 for Batavia, but it took clutch baskets by their teammates to put them over the top.

Tess Barone tallied eight points – four during a 9-0 run late in the third quarter that gave the Lady Devils a 37-33 lead – while Kennedy Kolb added seven, Haylee Thornley five, Tianna Rhim four and Rachel Wright three.

Rhim, a junior, made her presence felt in the second half – using her size and strength while matching up with Tamm and enabling Batavia to have success on the defensive boards. Reigle led the way with eight rebounds (to go with her six assists and six steals) while Kolb pulled down six caroms; Rhim and Wormley five each; Barone, Thornley and Wright four apiece, and Bella Houseknecht two.

Kamm led all scorers with 18 but had just eight points after intermission, with the last three coming on a three-point shot with three seconds left. She scored nine of her team’s 10 points in the first quarter.

Batavia led 14-10 after the opening period and HF-L led 22-19 at halftime. The Lady Devils rallied to outscore the visitors 20-14 in the third period for a 39-36 edge.

The Lady Cougars took a 43-42 lead on Kamm’s layup with 5:25 left in the game before Batavia responded to move ahead, 49-44, on an offensive rebound and basket by Rhim, three-pointer by Reigle and layup by Kolb on a nifty assist by Reigle at the three-minute mark. The home team stayed in front the rest of the way.

Reigle sank two free throws and, with 1:09 remaining, drove in for a basket to pull within one of 1,000 points, but she will have to wait for Tuesday night’s home game against Greece Olympia to reach the milestone.

After the game, she seemed to take it all in stride, giving credit to her teammates.

“They (HF-L) are a tough team and played a triangle-and-two to try to stop us (her and Wormley), but the other girls took the shots when they were open and they came through,” Reigle said.

Seniors Olivia Friedlander and Hannah Selke scored nine points each and sophomore Clare Ruff added seven for HF-L, 64-50 winners over Batavia on Feb. 11.

The House of Representatives Friday passed a $1.9 triillion stimulus bill but NY-27's Rep. Chris Jacobs was not among those who voted in support of the package.

Jacobs called the bill a "partisan package" that did not meet the needs of all Americans. The Republican congressman accused Democrats of rejecting efforts to reach a bipartisan compromise.

Here's his statement:

“Today, we didn’t vote on a focused, fiscally responsible, or targeted COVID-19 relief bill. The bill before the House today was a partisan package designed to advance an agenda, not the needs of the American people. Sadly, Democrats have rejected over 200 attempts at bipartisan consensus to cut costs and improve this legislation.

“More support is needed to defeat COVID-19, and I would have supported a targeted measure that bolstered vaccine distribution, aided struggling local governments, and reopened schools. Yet only 9 percent of the total funding of this package goes to public health measures to defeat COVID-19, and only 5 percent of the $130 billion in school funding will be used this year. In fact, $670 billion of this total package will not even be spent in 2021.

“This bill should have focused on the immediate needs to protect Americans and reopen our country. However, with over $1 trillion still left unspent from previous aid packages and no bipartisan input to craft this legislation – the result can only be described as a disservice to the American people. While there are provisions in this bill I support, it contained numerous provisions that I could not in good faith support or justify.”

The bill passed without a single Republican House member supporting it and two Democrats joining in with the opposition.

If the bill passes the Senate -- which is by no means certain -- it would mean a third round of pandemic-related stimulus checks for Americans, this time for $1,400 per taxpayer.

The bill also includes $350 billion for state and local governments, a proposal generally opposed by Republicans in the Senate. The GOP opposition is based on a belief that Democratic-controlled states have bungled their own finances and shouldn't be bailed out by the Federal government. But even some Republican governors have said their states need the aid.

Jacobs has repeatedly said he supports providing financial support to local governments. He issued statements in October and November calling for more pandemic-related aid to local governments.

A spokesman for Jacobs noted that the congressman supported the CARES act, which allocated funding to local governments, with larger cities getting a direct distribution while it was up to the state to distribute the funds to smaller municipalities and counties. The spokesman said that New York Gov. Andrew Cuomo has dragged his feet in this regard.

"Furthermore, the CARES Act had a provision that required funding given to governments could only be used for COVID-19 related expenses, not to cover deficits or lost revenues," the spokesman said. "This was done to ensure mismanaged state governments, such as New York that had a $6 billion budget deficit prior to COVID, could not use the relief funding to cover their own prior expenses."

Jacobs is a cosponsor of the SMART Act, which would provide $500 billion to state and local governments, with one-third, or $161 billion, going directly to local governments. The aid would be distributed on proportional need, and county governments could use this funding to cover revenue losses, COVID-19 expenses, and other costs.

The bill has been stalled in a House committee since the fall.

But Jacobs continues to support the need to provide more relief to local governments, the spokesman said, even if he couldn't support the current stimulus package.

"The Congressman understands the impact that COVID-19 has had on budgets, especially at the local level," he said. "He recognizes these localities need this aid urgently, given they provide essential services ranging from EMS to public safety to education, and they also employ thousands of individuals across NY-27."

Genesee County Manager Matt Landers said he's been receiving numerous phone calls and text messages this morning after reports in the media surfaced that Genesee Community College will be designated as a COVID-19 mass vaccination site beginning March 5.

More importantly, he said that governmental leaders in the area are still working on that possibility, but nothing is official.

"It's still preliminary; we're still talking. There really isn't anything that we can release," Landers said. "We're hoping that we will be able to provide a press release -- maybe on Tuesday. At this point, we don't have any details that we can officially release."

Stories on websites of a local newspaper and a Buffalo television website indicating that GCC will become a mass vaccination clinic location came out of the Finger Lakes Region "control room" meeting with the governor's office on Friday. 

WGRZ-TV reported, according to a spokesperson, that the goal of the weeklong clinic is to give 500 doses per day for the seven days, and that employees of the Genesee. Wyoming and Orleans health departments and volunteers will handle the vaccinations.

Landers said he thinks "somebody missed a step" by stating that things have been finalized.

"There's planning and there's a process, and at this time there really isn't anything newsworthy that we can release," he said, adding that state and local leaders have yet to walk through the site to work out the logistics of how the clinic will be set up.

Last week, legislators and public health directors in the three counties sent a letter to Gov. Andrew Cuomo urging him to authorize the use of the GCC campus as a regional location to administer the vaccine.

The construction of a hydrogen fuel production facility at WNY Science and Technology Advanced Manufacturing Park will have benefits for Genesee County that go far beyond the 68 jobs expected to go along with the $290 million project, said Steve Hyde, CEO of the Genesee County Economic Development Center, in an interview this afternoon.

Besides positioning STAMP to potentially be a big part of New York's green energy future, Plug Power has agreed to invest more than $55 million in a 450-megawatt electrical substation that other potential STAMP manufacturers can tap into.

"This is a big, huge investment," Hyde said. "This will more than double our investment into infrastructure in STAMP."

While some infrastructure is already in place much of the infrastructure construction for STAMP has been on hold until an advanced manufacturer agreed to locate a plant in the 1,250-acre mega site. Now the business development team at GCEDC will be able to tell site selectors that critical infrastructure, such as the substation, will be in place by a time-specific date.  That may help some site selectors who have been kicking the tires of STAMP -- including, according to news reports, Samsung -- make a final decision about their construction plans.

STAMP has been Hyde's dream project for more than a decade and throughout all these years he has cheerfully repeated, "economic development is a marathon and not a sprint." He used the phrase again today.

And he's not across the finish line yet. There is still a purchase agreement to complete and get approved by the GCEDC board with Power Plug as well as ironing out the final figures on an incentive package to help bring down development costs for the company. Typically these include a PILOT (payments made in lieu of taxes), and tax abatements on construction materials.

New York has already committed to providing $2 million in tax credits for job-creation its Excelsior program. These are incentives the company will not receive unless they meet job creation targets.

Plug Power will tap into clean hydroelectronic power from Niagara Falls to convert water into hydrogen and oxygen. The hydrogen will be liquified, stored in tanks, and transported to Henrietta where Power Plug is building a hydrogen fuel cell factory. 

Many of those fuel cells will be used in forklifts and other warehouse equipment used by companies like Walmart and Amazon, giving those companies a cost-effective and 100-percent carbon-free source of energy for a key part of its operations.

Hydrogen fuel cells will also be available for long-haul trucking as well as other applications.

"We're going to be part of a 100-percent green, renewable energy ecosystem," Hyde said.

He said that will help make STAMP attractive to other companies participating in New York's push to replace fossil fuels with renewable energy. 

That viewpoint mirrors the opportunity for STAMP to become an innovative hub for green energy with 1366 Technologies, which manufactures state-of-the-art solar wafer chips, announcing its intention to build a plant in STAMP in 2015. That proposal fell apart after years of delays because the Department of Energy would not sign off on a previously promised loan guarantee. Then Rep. Chris Collins apparently did nothing during that time to help push the project along with the DOE.

The DOE will not be as heavily involved in this project and Rep. Chris Jacobs seems to have no reservations about supporting the project. He issued this statement this evening:

“Landing Plug Power is an incredible win for Genesee County and the entire region. Thanks to the great work of the Genesee County Economic Development Center, the STAMP site is attracting high-tech, innovative businesses to bolster our region and provide high-paying jobs to Western New York. This is only the beginning, and I’ll do whatever I can to help bring more opportunities to our area.”

The Plug Power plant is expected to produce 45 tons of hydrogen fuel on a daily basis. 

The New York Power Authority is supporting the project with: 

• 10 MW allocation of low-cost hydropower from the Niagara Power Project;
• $1.5 million from the Western New York Power Proceeds program;
• 143 MW of High-Load Factor power that NYPA will procure for Plug Power on the energy market.

Power Plug is investing another $125 million in a facility in Henrietta to create fuel cells. The project is expected to create another 377 jobs for the region.

In a statement released yesterday, Plug Power CEO Andy Marsh said, "Plug Power's future rightfully revolves around building the green hydrogen economy. We are grateful our home state of New York supports aggressive climate and clean energy initiatives. And, that Plug Power's green hydrogen solutions can make such an impact on positive environmental and economic climates in the state."

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Press release:

• Genesee County received 21 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 20s, 40s, 50s, and 60s. 
    • Three of the previous positive individuals have recovered and have been removed from the isolation list.  
      • Fourteen of the current positive individuals are hospitalized.​

​

• Orleans County received five new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
  • The individuals are in their 0-19s, 20s, 30s, 50s and 60s.
  • Five of the previous positive individuals have recovered and have been removed from the isolation list.
  • Zero of the current positive individuals are hospitalized.
  • We are deeply saddened to report the COVID-related death of a resident of Orchard Rehabilitation & Nursing Center. We do not report any further information to protect the privacy of the individual and their family. We extend our deepest condolences to the family and friends of this individual during this very sad time.

Officials with Immigration and Custom Enforcement (ICE) don't see things the way a group of activists in the area do when it comes how detainees at the Buffalo Federal Detention Facility are being treated in the age of the COVID-19 pandemic.

Activists say the conditions have led to two detainees going on a hunger strike. An ICE spokesman confirmed that as of Feb. 18, there were two individuals on a hunger strike. It's unclear if that's still the case. One person familiar with the facility indicated one of the hunger strikers may have been returned to Canada.

Representatives of Justice for Migrant Families of WNY, which is based in Buffalo, claimed during a press conference on Tuesday that during the recent COVID-19 outbreak, COVID-positive patients have been kept in solitary confinment, that conditions in the facility are unsafe and represent a health threat to the Genesee County community, particularly since, in their view, detainees are being held purely for violations of immigration laws.

ICE officials dispute these allegations.

JMF played two recordings of men they said were detainees at the facility who were on hunger strike.

One man identified himself as Raul (no last name provided).

"I am doing this because I suffer from depression almost every night and I throw up and that's why I'm doing this," Raul said. "I have PTSD. I suffer a lot. And that is why I am doing this."

He added, "I want them to release me. I cannot hold on being here longer. I don't know. I suffer a lot from depression and I am afraid that I will get infected with the virus because I have heard there are a lot of infected people here."

We asked Jennifer Connor, executive director of the organization, if anybody from the group had spoken to Raul and warned him that not getting proper nutrition could weaken his immune system and potentially put him at greater risk, and she said, "The hunger strikers are putting their health at risk. They certainly are, and no one undertakes that lightly.

"It is something that people have resorted to when they are truly desperate. It's a real cry for help. They are essentially saying, 'if if you do not hear me, if you do not end this suffering, then I am going to risk my life to make my voice heard.' So I don't think people take that risk lightly."

A spokesman for ICE said facility personnel closely monitor detainees on hunger strike:

In general, ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers. ICE explains the negative health effects of not eating to our detainees. For their health and safety, ICE closely monitors the food and water intake of those detainees identified as being on a hunger strike.

ICE’s detention standards concerning hunger strikes may be reviewed here.

Raul claimed that detainees are not required to wear masks. The ICE spokesman said detainees are issued five masks upon entry and can request new masks as needed. They are required to wear them in common areas but not required to wear them in their own housing units.

Connor and Mary Rutigliano, a local resident who is a member of the Rochester Rapid Response Network, complained that contractors who work as guards at the facility as well as facility employees are not required to be tested for COVID-19.

Rutigliano expressed a lot of concern about employees coming and going from the facility as they could be asymtompatic carriers. 

"(Batavia) is the gateway between the Finger Lakes Region and Buffalo," she said. "So people moving through, stopping in Batavia. That's a huge issue for two big regions in our state."

A source familiar with the facility said ICE has no authrority under the law to require anybody to get tested or to receive a vaccine.

Connor and Rutigliano both complained about COVID-positive patients being kept in solitary confinement.

According to our source, there is no such thing as "solitary confinement" at the facility.  

When The Batavian toured the facility in 2018, we learned there are isolation rooms for people who might be infected with communicable diseases as well as rooms that can be used to isolate detainees involved in conflicts for a cooling off period. 

Detainees, however, are not cut off from the world as they would be in solitary confinment in a prison. They retain, for example, their iPads.  

The ICE spokesman said, "Individuals who are exposed to infectious illnesses are cohorted from non-affected detainees in accordance with CDC  (Centers for Disease Control and Prevention) guidelines. Within these separate areas they are still free to walk about and engage with each other and staff."

Previously, The Batavian was told COVID-positive detainees were cohorted in two pods and not intermingled with non-COVID detainees.

The only solution to the problems outlined by the activists, Rutigliano said, is for the population of the facility to be reduced but the facility can house more than 600 detainees. The current population is 139, or 35 percent of its capacity, the ICE spokesman said.

A source familiar with the facility said more than 80 percent of the current population are people referred to immigration by state and federal courts because of criminal cases and the rest are held by order of the immigration court. ICE is not holding people at the facility on its own authority. Since the start of the pandemic, ICE has maintained a policy of releasing everybody who can safely be released, the source said.