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When it came time for the Toronto Blue Jays to build a new nest for the 2020 season, a local company was called on to make Sahlen Field in Buffalo look like home.

Unitech Applications opened in Le Roy in 1989 and owner Guy Laesser focused on the bigging on landing big-business clients. The company specializing in large-scale vinyl design applications, like car wraps but on large vehicles -- trucks, buses -- and buildings.

The effort paid off in a big way in 1996 when he was hired to wrap all buses for the 1996 Olympics in Atlanta. Since then, Unitech has been Laesser's full-time occupation.

He calls himself a perfectionist and that has helped the company grow. Other clients include the Bush-Cheney presidential campaign, Dick's Sporting Goods, Old Navy, Ice Road Truckers, the NBA All-Star Game in New Orleans, and Scooby-Doo's "The Mystery Machine" movie tour.

It's no wonder, then, when the Blue Jays called 3M looking for a company to work within the Buffalo region to get Sahlen MLB-ready, 3M recommended Unitech.

"Our job is to provide whatever the client needs," Laesser said.

When the Blue Jays wanted a wrap on the scoreboard, Laesser, who doesn't like getting up higher than 12 feet himself, had a friend who did just that kind of work, so he called him to complete that part of the project all in the name of taking care of the client.

For the Blue Jays, Unitech provided signage and wraps for the concourse, the dugouts, the stands, and the outfield walls. The company even used vinyl to tint the windows on the tents being used as the visiting team's locker room.

That wasn't as big of a frosted vinyl project as Unitech did for a company in NYC, which involved wrapping a 40,000-square-foot building.

Not every project Laesser and his lone full-time employee Fred Crimes take on is all that big. The company also wraps the covers of medical equipment used to treat children going through cancer treatment.

Unitech also supports the charity Special Spaces, which provides unique and specially designed bedrooms for children going through cancer treatment.

"That (the vinyl wall covering) was the biggest bill they had, it cost the most, so when we got involved, we volunteered all of the time and material so it didn't cost them anything and they could put their money elsewhere," Laesser said.

Angela Bateman, 46, of West Main Street Road, Batavia, (inset photo, right) is charged with: two counts of criminal possession of a controlled substance in the third degree, a Class B felony; criminal possession of a controlled substance in the fourth degree, a Class C felony; criminal use of drug paraphernalia in the second degree, a Class A misdemeanor; and unlawful use of marijuana, a violation.

Additionally, she was subsequently charged with promoting prison contraband in the first degree, a Class D felony, and criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor.

She was arrested Aug. 24 by Batavia police following the execution of a search warrant on Aug. 12 at a residence on Hutchins Place in the City of Batavia by members of the Batavia Emergency Respond Team. The warrant was issued after a narcotics investigation by the Genesee County Local Drug Task Force.

Bateman was transported to the Genesee County Jail and while inside, suspected fentanyl was found on her person. That's when the subsequent charges as noted above were added.

The City of Batavia Police Department, the Genesee County Sheriff's Office and the Genesee County District Attorney's Office also assisted with this investigation.

Elijah J. Richardson, 23, of Batavia (address not provided), is charged with aggravated unlicensed operation of a motor vehicle in the second degree, unlicensed operator and failure to keep right. At 4:10 a.m. Aug. 23 in the Town of Middlebury, Wyoming County Sheriff's Deputy Bliss conducted a traffic stop on Bank Road. Richardson allegedly advised Bliss that he did not have a valid NYS driver's license. A DMC check revealed that Richardson possessed a non-driver ID only and that he had eight suspensions. Richardson was issued an appearance ticket and is due in Town of Middlebury Court at a later date.

Alyssa Nowakowski, 22, of East Bethany (address not provided), is charged with aggravated unlicensed operation of a motor vehicle in the third degree. At 5:30 p.m. on Aug. 14, Wyoming County Sheriff's deputies were checking the area of Ryan Road in the Town of Warsaw for a report of two suspicious vehicles parked on the side of the roadway for a couple of days. A Wyoming County Sheriff's Officer Investigator, driving an unmarked vehicle, checked the area but the vehicles appeared to be gone upon arrival. After leaving the scene, the investigator observed a vehicle nearby that matched the description of one of the vehicles from the complaint. Deputy Austin Harding, driving a marked patrol vehicle, initiated a traffic stop on Dale Road at Pflaum Road in the Town of Middlebury and identified Nowakowski as the driver. She had a suspended license for failure to pay child support and was arrested. Nowakowski was processed roadside and issued an appearance ticket. She is due in Town of Middlebury Court at a later date.

Mancuso Bowling Center opened its doors for business at 3 p.m. today, welcoming bowlers back for the first time since being forced to shutdown in mid-March due to COVID-19.

Former Batavian Randy Johnson (top photo), an avid bowler, drove in from Buffalo to get in some practice time. Photo at bottom shows a sign -- Please Social Distance 6 Ft. Apart -- as part of New York State's reopening requirements.

Other changes include hand sanitizing stations throughout the faciliity and instructions on face coverings, food service and proper use of house bowling balls and rental shoes. Manager Mike Sputore said league meetings are being held this week.

Photos by Mike Pettinella.

Previously: Amid confusion, public health director responds to questions about bowling league guidelines

Donna Lyn Hartman, 57, of Marlowe Road, Blasdell, is charged with second-degree identity theft. It is alleged that Hartman used a person's identity during a traffic stop in Livingston County. She was transported to Noyes Hospital in Dansville where she allegedly continued to use that identity. As a result, the Genesee County resident whose identity Hartman allegedly stole incurred more than $1,500 in medical expenses. Hartman was arraigned in Batavia City Court and released under supervision of Genesee Justice. An order of protection was issued for the victim, who lives in Stafford. Hartman is due to appear in Town of Stafford Court on Oct. 6. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Kevin Forsyth.

Willie Lee Williams, 34, of Laser Street, Rochester, is charged with criminal possession of a weapon in the third degree, with a previous conviction. Williams was arrested July 17 following an investigation into an incident that occurred on June 29 on Hutchins Street in Batavia. He is accused of pointing a handgun, or what appeared to be a handgun, at another person's head and threatening to shoot him. He was arraigned in Batavia City Court and put in Genesee County Jail (bail status not provided). The case was handled by Batavia Police Officer Jason Ivison.

David P. Grossman Sr., 37, of Maple Street, Batavia, is charged with criminal contempt. He was arrested after a domestic incident at 7:73 p.m. on Aug. 6 on West Main Street, Batavia, during which he allegedly contacted a person with a stay away order of protection against him. Grossman was issued an appearance ticket to be in Batavia City Court on Nov. 10. The case was handled by Batavia Police Officer Jordan McGinnis.

Jordan R. Rose, 19, of Maple Street, Batavia, is charged with: second-degree criminal contempt -- disobeying a mandate of the court; and aggravated family offense -- more than one offense within five years. He was arrested at 9:05 a.m. on July 31 after he allegedly violated a court order by calling the protected party numerous times over the phone. He was arraigned in Batavia City Court and released on an appearance ticket. He is due to return to court Aug. 25. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Post.

Rae Charlene Cook, 31, of Liberty Street, Batavia, is charged with second-degree criminal contempt. At 6:01 p.m. on Aug. 9, police allegedly observed Cook in the presence of an individual against whom she has an order of protection. Following her arrest, she was released with an appearance ticket to be in Batavia City Court on Nov. 17. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger.

Daniel Robert Smythe, 32, of Main Street, Caledonia, is charged with second-degree criminal contempt. At 5:44 p.m. on Aug. 22 on South Street Road in Pavilion, Smythe was arrested following a complaint of a domestic incident. Smythe was arrested, issued an appearance ticket and is due in Pavilion Town Court on Oct. 10. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Sgt. Michael Lute.

Herbert B. Gennis, 26, of Raymond Avenue, Batavia, is charged with failure to appear in Batavia City Court July 23 on a charge of endangering the welfare of a child. He was arrested on Aug. 17 and arraigned in city court via Skype. Gennis was released and is due back in court on Sept. 3. The case was handled by Batavia Police Officer John Gombos, assisted by Felicia DeGroot.

Mark Theodore Helm, 39, of State Street, Batavia, is charged with: possession of a hypodermic instrument; operating a motor vehicle without insurance; operating an unregistered motor vehicle; operating a motor vehicle with improper plates; failure to use turn signal. Helm was arrested at 6:03 p.m. on Aug. 15 following a traffic stop on West Main Street in Batavia. He was processed, issued an appearance ticket and released. He is due in Batavia City Court on Nov. 17. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Sean Wilson.

Jamar Andrew Malana, 23, of Culver Road, Rochester, is charged with criminal possession of a controlled substance in the seventh degree and unlicensed operation of a motor vehicle. At 1:25 a.m. on Aug. 22, Malana was arrested on Clinton Street Road in Stafford after Genesee County Sheriff's deputies investigated a vehicle parked on Route 33 in Stafford. The defendant and a male passenger were allegedly found in possession of a controlled substance. Malana was also allegedly operating the vehicle without a valid NYS driver's license. Malana was released with an appearance ticket to be in Town of Stafford Court on Oct. 6. The case was handled by Deputy Jordan Alejandro, assisted by Deputy James Stack.

Mark Davonne Edwards, 23, of Ontario Street, Rochester, is charged with criminal possession of a controlled substance in the seventh degree. At 1:25 a.m. on Aug. 22, Edwards was arrested after Genesee County Sheriff's deputies investigated a vehicle parked on Route 33 in Stafford. He was released on appearance tickets and is due in Town of Stafford Court on Oct. 6. The case was handled by Deputy Jordan Alejandro, assisted by Deputy James Stack.

Justin M. Ferrin, 43, of Albro Road, Bliss, is charged with issuing a bad check. Ferrin was arrested on a Batavia City Court warrant after turning himself in on Aug. 18. He was arraigned in city court and released on his own recognizance. He is due to return to city court on Aug. 10. The  case was handled by Batavia Police Officer Stephen Cronmiller.

Phillip D. Byford, 29, of Brockport Spencerport Road, Brockport, was arrested Aug. 16 on a bench warrant out of Batavia City Court (charge(s) against him unspecified). He was arraigned in city court at 9:35 p.m. and released on his own recognizance. He is due to return to court on Oct. 1. The case was handled by Batavia Police Officer Adam Tucker.

Demolition on a group of homes and businesses on East Main Street in Batavia began on this way to make a 55-unit, four-story apartment building to be known as Liberty Square.

The construction is being led by Home Leasing LLC, of Rochester, which specializes in providing low-income housing in the Finger Lakes region.

Twenty-eight of the apartments will be set aside for homeless veterans with the remainder designated as affordable for lower-income residents.

The properties are at 552, 554 and 556 E. Main St.

The total cost of the development is expected to exceed $12 million.

There will be 39 one-bedroom apartments, eight two-bedrooms targeting people with a household income of 60 percent of the area's median income.

Eagle Star Homes, a group serving veterans, is partnering with Home Leasing. 

Amenities include a community room, fitness center, on-site laundry, raised garden beds, laptops for residents' use, and private outdoor space with every apartment. Rent will include all utilities. There will be an on-site "community leader" 24/7.

NYS Homes and Community Renewal is assisting with the project but attempts this afternoon to find out from various sources the amount of that assistance were unsuccessful. We were told there would be a press release with more information about the project next week.

Rendering of what the complex is expected to look like when completed.

If the Native American casinos are able to conduct business in New York, then why can’t the privately owned and Regional Off-Track Betting gaming locations do the same?

“That’s certainly the argument that we have been making and, hopefully, we’ll have that answer very soon,” said Henry Wojtaszek, president and chief executive officer of Western Regional OTB, owner of Batavia Downs Gaming and Batavia Downs harness horse racing track.

Speaking by telephone today, Wojtaszek said he is cautiously optimistic that Gov. Andrew Cuomo will be revealing guidelines for the reopening of casinos in the near future.

“I think the news is that we will have guidelines soon, and we’ve done a lot to get our facility ready in anticipation of it. But we don’t have any time frame,” he said. “We’re optimistic -- and we use the word ‘soon’ – that we will be getting some guidelines.”

When it was mentioned that a rally organized by casino employees took place on Thursday in front of the Capitol in Albany, Wojtaszek said WROTB is in full support.

“We’ve been in touch with them but we did not have a representative there,” he said. “We certainly are with them in spirit – our workers are. It was good to see that people made the trip to Albany to let them know how important this is.”

He noted that management has been communicating with the New York State Gaming Commission on a regular basis.

The rally was led by Valerie McIntyre, table games supervisor at del Lago Resort & Casino in Seneca County, and Greg Mallette and Robin Torr, hotel managers at Vernon Downs and Tioga Downs Casino Resort, respectively.

Those casinos are privately owned and, like the OTB regions, are subject to state oversight.

McIntyre, in an excerpt from her speech, said that despite the many unknowns, the 5,200 or so casino employees in New York stand united.

“I ask Governor Cuomo on our behalf to please see us, please hear us,” she said. “We need to work, we need to support our families, we need to begin to live again, we need to cling to whatever bit of normalcy this society has left.”

Contrary to Cuomo’s opinion, McIntyre said casino employees are, indeed, essential.

“Because when our lights begin to go off and the refrigerator is empty – when our cars are parked because we cannot afford gas and when the bills pile up, we – right here – are the essential workers for our homes,” she said. “Governor Cuomo, here’s a message to you from us. Here we stand, here we ask to allow us to reopen.”

Native American-owned casinos, however, such Seneca Niagara Resort & Casino in Niagara Falls, have been open for two months.

“If the sovereign casinos can operate with a little guidance from the state, we – as 'New York Strong' casino employees – can implement and adhere to all CDC (Centers for Disease Control and Prevention) and state regulations,” McIntyre said.

Reportedly, McIntyre and friends have a Facebook group with nearly 900 members and are “circulating” an online petition to reopen the casinos that has more than 2,400 signatures.

Additionally, if the Albany rally doesn’t produce any immediate results, the workers plan to hold rallies at del Lago and other casinos across the state.

Bowling center proprietors and managers are reaching out to state and local bowling association representatives and to the New York State Bowling Proprietors Association to find out what they can and cannot do when it comes to running their leagues for the 2020-21 season.

Normally, fall leagues begin just before or right after Labor Day, which is on Sept. 7^th this year.

Last Friday, Gov. Andrew Cuomo announced that bowling centers would be able to reopen on Aug. 17, ending a five-month shutdown of the state’s nearly 300 bowling establishments as New York dealt with the COVID-19 pandemic.

The governor’s press release listed the following safety protocols for bowling centers:

• Operating at 50-percent maximum occupancy limit;
• Face coverings and social distancing will be required at all times;
• Every other lane must be closed;
• Patrons need to stay with the party at their assigned lane;
• Thorough cleaning and disinfection of shared or rented equipment between each use;
• All food service must follow all state-issued guidance.

Furthermore, in New York City, due to restrictions on indoor dining, food and beverage service will not be allowed in New York City bowling centers.

Still, those who operate these facilities have expressed a degree of confusion, seeking more specifics. They also have varying ideas of how they believe (to some extent, wishful thinking) things should proceed.

Proprietors and managers -- judging by initial conversations with league secretaries -- are anticipating a drop off in membership as a result of one-lane only and face covering mandates.

In an effort to answer their questions, The Batavian reached out to Paul Pettit, Genesee/Orleans public health director, with the following:

Q. Can a team in a league, let’s say of four members, bowl on a pair of lanes (as is normally the case) – having just one bowler on the approach at a time – and have the pair of lanes next to them dark? For example, one team on lanes 1-2, lanes 3-4 dark, another team on lanes 5-6, lanes 7-8 dark, another team on lanes 9-10, and so forth? This still meets the 50-percent occupancy requirement.

A. On Aug. 14, the Governor’s office published a press release outlining the stipulations for bowling alleys to safely reopen (see above). An interim guidance has yet to be released by the State. Based on the press release, every other lane must be closed.

Q. Do masks have to be worn on the approach, or can a bowler remove the mask as he or she steps onto the lane, and then put the mask back on when stepping off the approach?

A. Face masks must be work at all times.

Q. How is the 50-percent capacity determined?

A. The 50-percent capacity would be based on the establishments building occupancy (not by multiplying the number of lanes by a specific number).

Q. Is there a chance these restrictions could be eased?

A. These restrictions are set forth by the state. Locally, we do not have the jurisdiction to alter or lessen the state requirements. If the restrictions are lifted or lessened, the state would be in charge of making that formal announcement.

Q. What else can you share at this time?

A. Again, we are waiting for the state to deliver the formal guidance for bowling alleys. This is not the first time the state has allowed a business to reopen with little to no guidance.

Facilities should monitor the New York Forward website for specific guidelines when they are released. Facilities can also email specific questions to the Finger Lakes Regional Control Room at: flnyf@esd.ny.gov. We appreciate the patience of the community as we wait for the state to release the guidance.

------------

Doug Bohannon of Glens Falls, president of the New York State Bowling Proprietors Association, provided information about what is considered a “group or event”:

“We are allowed to operate at 50-percent capacity. The part in the guidance about ‘limiting the number of patrons/players to any event at the facility to no more than the current social gathering restrictions that are in effect for the region as a part of the State's phased reopening (i.e., 50 or fewer people in Phase Four 4 regions, as of Aug. 15, 2020)’ is confusing but I have obtained clarification from Albany which states that a league is not a group or event.

“This part of the guidance refers to, for example, a church group or a summer camp that wants to book an outing to your center. If that type of group wants to book an outing, then they are limited to 50 people.”

The financial world in which Town of Batavia leadership has governed in recent years has come to an end, Supervisor Gregory Post said Thursday.

“I have never in my wildest dreams thought I would have to use my ‘apocalypse bankroll’ that we have put together for the town in case of whatever potential disaster might come down the road,” Post said. “You put it there and plan for it – making sure that if the worst possible thing you could imagine happens, you could at least have some time to come up with a solution.”

Post and the Town Board have about five weeks to draft a preliminary budget for the 2021 fiscal year that begins in January, and projections at this point paint a bleak picture.

He said the current financial situation is the worst he’s seen in his 47 years in government, and he places the blame squarely on what he calls the “tax and spend” policies emanating from Albany.

“The people need to hear this. This is not a result of some COVID-19. The COVID-19 didn’t cause this,” Post said. “Nelson Rockefeller (New York governor from 1959-1973) started this and it has been getting progressively worse with each elected governor and Downstate politician for the last 45 years. So, here we are.”

Post said the board is struggling to figure out what the town’s tax increase is going to be for next year.

“We already know what our expenses are going to be – we can’t cut anything. We have been essential and lean as long as we have been. There’s not a lot of service that we can cut,” he said. “We only have three people in the highway department, including a highway superintendent who is making a quarter of what other highway superintendents make. It’s a part-time job for that.”

He said New York State is “probably going to be drastically short of money next year,” estimating a state deficit of $10-14 billion.

“But the thing is when we started out this year, the state was over five billion dollars in the red and the governor has the opportunity to change his reimbursement schedule and the percentages,” he said. “And he’s already reduced it by 20 percent, and I would not be surprised if it goes to more.”

Post said he expects significant reductions in revenue sharing from Genesee County, noting that the county is “going to have to come up with somewhere between $6 and $9 million that they weren’t anticipating having to come up with, and they don’t have any other means to do that (other than cut or end revenue sharing with towns and villages).”

'Well, the State is Broke'

“It’s not a failed policy of the county or the towns or the villages, it’s a failed policy of a progressive state that has been taxing and spending since Rockefeller,” Post said. “The state has never put a limit on the spending, programs and being progressive. If you look at the consequences, and I’m serious when I say this, but every smart owner of a business that I’ve done any work for in the last 30 years says the same thing – this can’t last; the state cannot keep doing what it is doing, or it’s going to go broke. Well, the state is broke.”

The supervisor also said he doesn’t foresee the federal government bailing out the state.

“That means that the state reimbursements to all the Upstate counties are probably not going to be there,” he predicted. “I think you’re going to see whatever they do have funneled to the state education department, because that is sacrosanct, and I think the counties are going to be left to hang in the wind. The counties will have no choice but to pass those reductions in revenue onto the towns and villages. Pretty much the consensus of the supervisors that I talk to is that we’re all looking at a double-digit tax increase.”

Even if a federal stimulus bill is approved with money appropriated to the New York State, it will just be a “Band-Aid” – not a long-term solution, he said.

“What about next year? Without some completely restructured reforms on these mandated expenses that counties have to pay, it’s going to snowball,” he said. “They tell the counties how many probation officers per criminal, how many people you have to have in the Department of Social Services, how many employees to dedicate to this and that. You have to do that or they won’t send you any funding."

Genesee County as 'Lean' as Can Be

Post gave Genesee County officials high marks for keeping things together during an arduous stretch.

“The county is running as lean as a county can run – too lean, in my opinion,” he said. “They haven’t funded their highway operations to the degree that they need to in order to keep up with the maintenance of the highways and the bridges. They haven’t raised the taxes because they can’t bust the (tax) cap. They refinanced everything they can refinance. And they’re managing their cash better than almost any other county in the state.”

He said that while he doesn’t fault the county, “they’re the ones getting blamed by all these local communities.”

“The sales tax money that used to just come (revenue sharing) was like a welfare check, and that’s not going to come next year. It can’t. I don’t think anyway it could come to the same degree that it has in the past,” he said.

Post said the county is unable to raise property taxes without “busting the tax cap and losing all the state reimbursement, so they’ll need the sales tax.”

“The county has been spot-on and has given us every single dime in matching funds that they’ve received on a pro-rated basis,” he said. “They have done a fabulous job, but I cannot count on New York State for next year. I would hate to be (County Manager) Matt Landers and this county legislature right now.”

Town Taxes Likely to Increase

As far as the Town of Batavia is concerned, Post said two-thirds of its total revenue comes from county revenue sharing.

“I’m probably looking at a pretty significant tax increase,” he advised. “We’ll try to not use the unexpended fund balance and we’ve already tried to cut $750,000 in spending out of this year’s budget. I thank God that the town board has worked as hard as they have worked to make sure that we have a cushion going into next year.”

Post said that using $1 million out of the unexpended fund balance to expand the Town Hall is off the table at this point.

“We’re going to try not to use that, but save it and put it towards the consequence of this state’s actions next year,” he said, adding that he plans to keep the Town Hall lobby closed and operate remotely – one of many actions being taken to cut costs.

He said he feels bad for the half-dozen town supervisors that are in their first year.

“I can’t imagine what it must be like for them,” he said. “It has gotten worse and worse every year, and we all shrug our shoulders and work harder to keep it going. But this thing is going to cause a lot of people to rethink wanting to serve in office or be involved in government ever again.”

In a couple developments from the Batavia Town Board meeting on Wednesday:

• Sandra Baubie, deputy town clerk since 2004, was promoted to the full-time job of water bill collector at a rate of $25.89 per hour, while Sara Sauka moved into the full-time deputy town clerk position at a rate of $21.63 per hour.

Morgan Leaton was hired as a full-time court clerk at a pay rate of $17 per hour.

Post said Baubie’s previous duties had include water/wastewater billing, but with four times the number of accounts to handle, it made sense to create the water bill collector position.

• The board approved submitting applications for Community Development Block Grants from the state Office of Community Renewal to support two dairy production projects at the Genesee Valley Agri-Business Park and set a public hearing on the matter for Sept. 2.

Post said he wasn’t willing to speculate on the nature of the projects since he has yet to see anything in writing. It was previously reported that HP Hood officials plan to construct an addition to the plant’s refrigeration warehouse unit.

After some sprucing up and a few upgrades, the legendary Pok-A-Dot is ready to reopen after its long coronavirus-induced hibernation.

There are new tables inside that are more socially distanced, no seating at the counter, a dining counter outside, and soon, a walk-up window for takeout orders.

But the biggest upgrade, perhaps, isn't visible inside the favorite eatery of famous authors, visiting dignitaries, and TV show producers: you can now order your beef-on-weck or eggs-and-peppers-on-toast online.

The new website is pokadotbatavia.com.

The famously cash-only diner will now also take credit cards. There's fancy new computer equipment to handle all of these modern transactions.

The Pok-A-Dot has come a long way since friends Joe Marone and Phil Pastore decided 67 years ago to open a hot-dog stand hard against Route 63.

You can once again meet at the Dot starting at 9 a.m. tomorrow (Friday).

For all of our previous Pok-A-Dot coverage, click here.

Owners Phyllis Pastore-Beers and Leona Pastore.

Online ordering and curbside pickup are strongly encouraged.

Tim Beers

A 21-year-old Alden resident has identified himself to Sheriff's Office investigators as the driver of a car that struck a motorcyclist who was down in the roadway following a collision just before 9 p.m. on Friday in Corfu.

Alexander J. Wuerch has been charged with leaving the scene of an incident without reporting resulting in serious physical injury.

Investigators believe Wuerch was the driver of a 2012 Hyundai Tucson that struck Travis R. Hartloff, 26, of Attica.

Hartloff was driving a motorcycle southbound on Route 77 when a car ahead of him slowed to turn into an ice cream shop. Hartloff's bike reportedly struck the vehicle and Hartloff was thrown from the bike into the middle of the roadway.

Another southbound vehicle then struck Harloff causing serious physical injuries. He was flown by Mercy Flight to ECMC where he is in critical condition.

Wuerch turned himself in at about 5 p.m. today.

The charge he's facing is a Class E felony. He was issued an appearance ticket and released.

The incident remains under investigation.

Previously:

• Motorist fails to stop after striking motorcyclist down in the roadway on Route 77
• Deputies looking for 2012 Hyundai Tucson involved in hit-and-run accident in Corfu

Press release:

Commercial fitness-related facilities, gyms and indoor physical-activity-related classes in Genesee and Orleans counties will be allowed to reopen on Monday, Aug. 24th, announced Legislative chairs Rochelle Stein for Genesee, and Lynne Johnson for Orleans, today.

The guidelines apply to fitness activities and facilities -- including but not limited to standalone/hotel/residential/office/higher education institutions gyms and fitness centers, yoga/Pilates/barre studios, boxing/kickboxing gyms, fitness boot camps, CrossFit or other plyometric boxes, other fitness classes, dance studios, martial arts studios, spin, rowing, etc., -- will be allowed to reopen if they have completed the state requirements as noted below.

Each facility will be subject to a county health inspection within two weeks of their opening to ensure proper protocols are in place and adhere to State guidelines to protect customers and staff.

Although we are proceeding with limited guidance from the state, the Genesee and Orleans County Health Departments will begin inspections next week for fitness-related facilities and gyms as listed above that have completed the required documentation,” stated Paul Pettit, Public Health Director for Genesee and Orleans County Health Departments.

Prior to reopening and inspection, gym owners and managers will have to adhere to the NYS guidelines which can be found on the NY Forward websiteand completing the following steps:  

1.   Develop a business safety plan.

2.   Have an HVAC inspection by an approved professional.

3.   Complete the affirmation for each facility location that they have reviewed and understand the New York State guidelines and will implement these protocols. Click this link for the affirmation statement and choose gyms and fitness centers.  

Once the business safety plan and air handling inspection are complete and an attestation form is submitted, Genesee and Orleans Counties will begin the process of scheduling inspections. These steps must be completed prior to scheduling an inspection. For Genesee County call (585) 344-2580, ext. 5555, and for Orleans County call (585) 589-3278.

“With our infection rate holding steady at or below 1 percent, we are confident we can reopen gyms and fitness facilities in a way that is both safe and responsible,” Stein said.

“Our counties are pro-business counties and we will support any business trying to open as best as we can," Johnson said. "I want to remind our residents and gym/fitness related owners that we are still in the midst of a pandemic. The tides may shift in this battle at any minute and we must do everything we can to prevent a second wave. So be smart, wear a mask, and follow all safety protocols."

Gym owners should monitor the New York Forward website to answer questions or learn of the latest updates.

Genesee County government leaders made the most of their 30 minutes with Rep. Chris Jacobs on Wednesday afternoon, informing the recently elected congressman of the major challenges they face in maintaining bridges, acquiring rural broadband and boosting the water supply.

Jacobs appeared at the County Legislature’s Committee of the Whole meeting at the Old County Courthouse, a session set up specifically bring him up to speed on pressing issues in Genesee County – one of eight counties comprising the 27^th District that he represents.

It includes all of Orleans, Genesee, Wyoming and Livingston counties and parts of Erie, Monroe, Niagara and Ontario counties. Jacobs won a special election on June 23 to fill the vacant seat, and was sworn in as a member of the U.S. House of Representatives on July 21.

County Manager Matt Landers, Highway Superintendent Tim Hens and Legislature Chair Rochelle Stein provided plenty of food for thought – letting Jacobs know about:

• “An unacceptable level of bridges that are headed in red flag status and in need of significant repair.”
• A lack of high-speed internet on some rural roads that “leaves us behind”;
• The “heavy lift” that is the estimated $75 million Phase 3 of the county’s plan to ensure an adequate water supply well into the future.

BRIDGES

Genesee County is unique, Landers said, in that it is one of a few New York counties that has the “sole responsibility” of maintaining all bridges in the county.

“That has been a burden on Genesee County for a long time,” he said. Throw in the fact that Genesee has regularly shared revenue with its municipalities, and the result are budgets that are “very tight and lean for years. As such, our infrastructure is suffering.”

Landers said that insufficient revenue sources have led to “an unacceptable level of bridges that are headed in red flag status and in need of significant repair.”

Hens said the county maintains 95 bridges of spans of at least 20 feet, with 60 percent of those on county roads and 48 percent of them being structurally deficient or obsolete. The county also is charged with the condition of several smaller bridges.

“Genesee County has been beating the drum for roads and bridges for probably 10 years now,” Hens offered, adding that the average age of the 95 bigger bridges is 65 years – the end of their lifespan. He said he foresees a “tsunami of bridges” coming at the county, all needing to be replaced at the same time.

Projecting to 2029, Hens said $29 million will have to be allocated in order to maintain those bridges, “assuming that we do get continual delivery of federal aid from our regional partners at DOT and FHWA (Federal Highway Administration).”

Federal emphasis in recent years on interstate highways and the impact of COVID-19 on local finances are additional roadblocks in this area, he noted.

“But it’s one that we continue to press forward, so whatever help you can provide us,” Hens said to Jacobs, adding that he has prepared spreadsheets to illustrate the county’s plight.

Jacobs replied by stating that a federal infrastructure bill is “long overdue” and added that rural broadband is a “critical” piece of that legislation.

Stein said the county is “not in the position where property taxes all have to go toward” bridges and infrastructure, but residents pay their property taxes with the expectation that infrastructure and public safety needs will be met.

Hens touted a philosophy of “streamlining project delivery” – doing more for less by being creative and using available materials and manpower.

To illustrate this, he shared that the county invested $70,000 into the restoration of a small bridge in the Town of Bethany, which ran through a large dairy farm. With the bridge closed, the farmer was incurring up to $1,000 a day to haul silage and hay around detours.

Hens said the county couldn’t wait for federal aid to come, so it turned the federal aid back and addressed the situation in house.

“We essentially will have the project done in seven weeks at a cost less than our 5 percent local share of just the design phase of the project,” he said. “If the county went with the federal plan from start to finish, it would have been a $1.6 million project. (Now) we’re going to have a new bridge in place that will last for 20 to 30 years for about $70,000.”

The congressman's response to that statement indicated he wasn’t sure if he heard Hens correctly.

“Seventy thousand?” Jacobs said. “Seventy thousand versus $1.6 million? (With COVID-19), we’re going to have issues with the debt and deficit. It’s not just that we have to cut doing things or not; we can do things more efficiently. If you take what you just did and extrapolated that throughout the country, can you imagine how much money that would be?”

Hens said that federal funding process comes with “strings attached” and usually is structured in a generic way – not looking at the actual project – and takes about 18 months from the design work through construction.

BROADBAND

While not a lot of time was spent talking about broadband capabilities, the message was clear.

Stein said lawmakers are aware of a huge project under way in the county to increase high-speed internet on rural roads, but there are still roads that are without broadband technology.

“That’s a problem for our schoolchildren, especially in COVID with the hybrid model of in school and out of school,” she observed. “That leaves us behind and we have to have an even playing field.”

WATER

“Public water has been the key to this community since the early 1990s, and we have progressed a spine-type background into our communities and we are at a junction right now where we’ve got to make the next big jumps,” Stein reported, adding that despite great strides some residents are without public water due to the high cost of infrastructure.

She said the USDA is “an incredible partner” but other funding sources must be found as the county’s water project moves into the next phases.

Landers outlined Genesee’s countywide water system that has the county acting as the overseer, with vital connections to the Monroe County Water Authority and the City of Batavia. He said the structure eliminates the need for small aquifers and wells in towns and villages.

“It’s a model that we’re proud of,” he said. “There are things we never would have envisioned, such as how cows love drinking public water,” he said, drawing some laughs. Because farmers and small towns have jumped on board, the “demand has increased more than we could have ever imagined.”

He said management is mapping out demands for the next 10 years or so, trying to stay a step ahead, and have forged contracts with all the municipalities and agreements with Great Lakes and Erie County Water Authority.

Calling it a complex arrangement that includes water user surcharges to help pay down the debt service, Hens said the county is embarking upon Phase 2 with a $30 million price tag, which will be followed by Phase 3 at an estimated cost of $75 to $83 million.

“Phase 3 which would generate enough water to replace the City of Batavia water plant, but also bring in about 17 million gallons of water from Monroe County and Erie County,” he said. “It’s a very heavy lift for us so any outside help we can get from our partners at the federal level, whether its USDA or Congress, would be greatly appreciated.”

Hens made note of the rising food processing industry in the county – an offshoot of agriculture.

“They’re tremendous users of water. So, for us, water is gold, and the more water we can get here for our residents to support jobs and industry, the better off we are,” he said.

AGRICULTURE AND STIMULUS

On other subjects, Jacobs said he was “thrilled” to be appointed to the agricultural committee by House Minority Leader Kevin McCarthy and reiterated his claim that Gov. Andrew Cuomo is holding on to $3 billion in federal stimulus funds.

Acknowledging that he has a lot to learn about the farming industry, Jacobs said he has met with local farm bureau leaders and wants to form an agriculture advisory roundtable to meet with him on a regular basis.

He said the roundtable will help him “to have a pulse of what’s going on in our district and also help me to have the right message when I’m at important stages like the budget process.”

Jacobs said he believes another stimulus bill will happen in September, and has signed onto legislation supporting local governments in the next stimulus bill. He then took another shot at Cuomo, urging the governor to release $3 billion from the first CARES (Coronavirus Aid, Relief, and Economic Security) Act.

“We need to push him to do his administerial job to get the money to the local communities,” he said.

Genesee County is preparing statements totaling nearly $100,000 for assessment services provided to towns and the City of Batavia in 2019.

The legislature’s Ways & Means Committee on Wednesday approved a resolution authorizing Kevin Andrews, director of real property tax services, to bill the municipalities for assessment rolls, tax rolls, tax bills, supplies, and assessment updates that were provided by the county in the previous fiscal year.

These “charge-backs” amount to $87,477 in services rendered and another $10,950 in licensing fees charged by New York State for specialized software “that assessors use to keep track of their assessment inventory and that we use to then produce assessment rolls, tax bills and tax rolls,” Andrews said.

Bills will be mailed to the towns and city in January, with the expense applied to their 2021 budgets, Andrews added.

The charge-backs and fees range from $3,336.83 for 1,107 parcels in the Town of Bethany to $17,715.23 for 5,531 parcels in the City of Batavia. The total number of parcels assessed was 29,159.

In another development, the committee authorized the appointment of Assistant County Manager Tammi Ferringer as the administration officer and to act as the Genesee County STOP DWI coordinator for the Genesee County STOP DWI Advisory Board.

The committee approved the following referrals from Monday’s Public Service Committee meeting:

• A consultant agreement with CPL Team of Rochester in an amount not to exceed $80,000 to develop Well C of the City of Batavia’s well fields on Cedar Street to increase the water supply during times of high creek water turbidity or during times of low groundwater that negatively impact Well A or Well B.

County Highway Superintendent Tim Hens said Well C could produce up to a million gallons of water per day – “almost as productive as Well A and B.” He said the emergency water situation in July prompted a meeting with city officials to expedite action to make Well C a viable option.

Hens estimated the total cost for construction, including cleaning, screening and re-casing the well, at $200,000 to $300,000.

• A change-order contract for $8,682.50 with Suburban Electric in Albion to install Transmission Control Protocol/Internet Protocol communication controls and fuel pressure sensors for backup generators at pump stations in Churchville and Mumford.

The pump stations are being constructed at those locations as part of Phase 2 of the Countywide Water Supply Program.

Hens said the change order was necessary so that the Monroe County Water Authority can monitor the generators remotely during emergencies.  The change order increases the total cost of the contract to $767,682.50.

• The appointment of Candace Hensel of Byron to the Genesee County Planning Board for a three-year term effective through May 31, 2023. Hensel owns the Byron Hotel and Trailhouse.

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.

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.

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. 12^th meeting.

“They put that notice out there at the 12^th 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.”

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, 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.

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.