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Five years after renewed interest in Lehigh Train Derailment site, EPA says cleanup progress being made

By Howard B. Owens

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It's been five years since a site of a toxic chemical spill in Le Roy -- known as the Lehigh Train Derailment Site -- made the news as part of a media frenzy around reports of students at the high school developing strange, unexplained tics, but cleanup work has been ongoing since, according to a spokesman for the EPA.

In fact, good progress has been made and the end may be in sight for remediation, according to Michael Basile, who represents the Environmental Protection Agency in Buffalo.

There's no firm timeline for completion of the work, but there have been two significant recent developments, he said.

First, last year some 300 pounds of trichloroethene (TCE) contaminated soil was removed from the area, he said. That removal effort is ongoing and will continue until testing shows TCE has been removed from the area. (CORRECTION: This should have read 300 pounds of TCE removed from the soil).

Second, a draft document on remediation options for contaminated groundwater has been completed and the EPA will pick a plan from those options for remediation sometime this year.

The TCE spill was the result of a train crash at the site on Gulf Road in the early morning hours of Dec. 6, 1970. Approximately 2,000 pounds of cyanide crystals and 30,000 to 35,000 gallons of TCE were spilled. The cyanide was removed, but at the time Lehigh apparently didn't have an easy way to remove the TCE. Instead, it tried saturating the area with one million gallons of water. This only drove the TCE deeper into the ground and contaminated about 50 water wells.

The site became a footnote in local history until 2012 when a group of mostly girls at Le Roy High School were reported to have developed odd tics and uncontrolled movements.  As families and members of the community searched for answers, the spill site became a target for investigation.

Famed environmental crusader Erin Brockovich was contacted, and though she never personally came to Le Roy, she sent out a team of scientists led by Robert Bowcock.  

The entire event had reached a fevered pitch in the national media by that point, with news crews from nearly ever major news outlet in the country arriving in Le Roy, as well as crews from as far away as Japan.

A trip to the site on the day Bowcock arrived in town revealed a cleanup area that appeared to be largely neglected. More than 300 rusted barrels of material were being stored there, further feeding concerns about the state of contamination.

However, Bowcock's own tests and his examination the topography of the region, led the Los Angeles-based environmental scientist to conclude that contamination from the site did not and could not reach the location of the high school and there was no known connection for all those suffering from the tics to the railroad property contamination.

The ongoing concern about its status, however, brought about a visit to the site by Congresswoman Kathy Hochul. Sen. Charles Schumer also got involved.

The EPA soon closed the location to media access and brought in crews to remove the barrels, which the EPA said were filled with rock, sand and dirt and did not likely contain contaminated soil. Later testing, the EPA announced at the time, detected a trace amount of TCE in some barrels.  

In the five years since the events, there have been no new reports of strange tics among young people in Le Roy and there have been reports that the dozen or so people originally treated at the Dent Neurological Institute are all improved, confirming the earlier diagnoses of a mass psychogenic illness. 

The EPA continues to monitor the site closely, Basile said. This includes maintaining soil vapor monitors in homes near where the spill occurred. Next month, he said, it will be time for inspectors to visit those monitors and change their filters. That monitoring is expected to continue indefinitely. 

Photo: File photo from 2012.

Collins issues statement on Trump immigration order

By Howard B. Owens

Press release:

Congressman Chris Collins (NY-27) released the following statement addressing President Trump’s Executive Order on immigration.

“Nothing is more important than the safety and security of our communities here in Western New York,” Congressman Collins said. “Temporarily suspending the admittance of refugees and individuals from high-risk countries until we can guarantee they are properly vetted is a common-sense measure focused on protecting Americans. President Trump promised to make America safe again and his executive order aims to ensure we know who is entering our country.”

Law and Order: Driver reportedly found sleeping in car on Route 20, Darien

By Howard B. Owens

Nicholas Benjamin Wall, 26, of Dodgeson Road, Alexander, is charged with DWI, driving with a BAC of .18 or greater and being stopped/standing or parked on a highway. At 12:09 a.m., Deputy Ryan Young and Deputy Jeremy McClellan were dispatched to 1954 Broadway, Darien, for a report of a driver slumped over the steering wheel. Deputies report finding the defendant sleeping in the vehicle with the vehicle in reverse. 

Tony Robert Hoag, 49, of Shacktown Mountain Road, New Berlin, is charged with unlawful possession of untaxed cigarettes, criminal tax fraud and obstructed plate. Hoag was allegedly found in possession of 14,400 untaxed cigarettes during a traffic stop for alleged violations at 11:25 a.m. Friday by Deputy Travis DeMuth.

Photos: Vehicle off the road in Pembroke

By Howard B. Owens

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About 40 minutes ago a vehicle was reported off the road along Phelps Road in Pembroke.

There were two adults and three children in the vehicle, no injuries  

A pole was taken down and the pole damaged a nearby building.

Pembroke, Indian Falls, Mercy EMS, and Sheriff's deputies responded.

UPDATE Monday: The driver is identified as Ashley C. Crance, 29, of Searls Road, Byron. The driver reported being fatigued and didn't remember what happened. It appears the driver failed to negotiate a curve in Phelps Road, causing the vehicle to continue westbound off the roadway where it struck a utility pole and continued down an embankment where it overturned. A section of pole struck a nearby building, damaging the building. The accident was investigated by Deputy Richard Schildwaster.

Reader submitted photos.

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Le Roy fire hands out top awards for 2016, swears in 2017 officers

By Howard B. Owens

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Craig Johnson, middle, with Tom Wood, 1st assistant chief, and Tim Hogle, chief, was named Firefighter of the Year on Saturday night at the Le Roy Fire Department's annual awards dinner and installation banquet. Johnson, the son of a 40-year veteran of the department, was also promoted to 2nd assistant chief.

The Le Roy officers for 2017 are listed below.

Firematic Officers: Chief -- Tim Hogle; 1st Asst. Chief -- Tom Wood; 2nd Asst. Chief -- Craig Johnson; Captain -- Mike Green; Captain -- Christina Marinaccio; Lieutenant -- A.J. DeFelice; Training Officer -- Craig Johnson; Safety Officer -- Joe Orlando. 

Business: President -- Mike Green; Vice President --  A.J. DeFelice; Director -- Pete Loftus; Director -- Beth Domm; Secretary -- Jim Spear; Treasurer -- A.J. DeFelice. 

Commissioners: Chairman -- Jerry Diskin; Commissioner -- Bill Wood; Commissioner -- Wayne Dressler; Commissioner -- John Johnson; Secretary -- Jim Spear; Treasurer --Stephanie Call.

Oatka Hose: President -- Dale Ehrhart; Directors -- Dave Ehrhart Sr., Frank Davis, Jim Spears Jr., Dave Ehrhart Jr., Ken Davis; Secretary -- Jim Spear; Treasurer -- Gerry Diskin.

Excelsior: President -- John Johnson; Vice President -- Rick Bater; Director -- Adam Stogsdale; Director -- Stephanie McVicker; Director -- Wendy Johnson; Director -- Mike Sheflin; Director -- Judy Purdy; Secretary -- Mike Miller; Treasurer -- Christina Marinaccio. 

Chemicals: President -- Brandon Connolly; Vice President -- Melissa Surridge; Directors -- Dan Kemp, John Joy, Wayne Dressler, Terry Kanaley, Brandon Connolly; Secretary -- Wayne Dressler; Treasurer -- John Joy.

Benevolent: President -- Gerry Diskin; Vice President -- Ken Davis; Director -- Dave Ehrhart Sr.; Director -- Bill Sealey; Director -- John Johnson; Secretary -- Jim Spear; Treasurer -- Jim Spear.

Fire Police: Captain -- Ken Davis; 1st Lieutenant -- Wendy Johnson; 2nd Lieutenant -- Dave Ehrhart Sr. 

Auxiliary: President -- Christie Miller-Main; Vice President -- Elise Bater; Secretary -- LeeAnne Miller; Treasurer -- Wendy Johnson.

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Kevin McCrary, left, received a chief's accommodation award.

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Tom Wood, center, received the Chief's Accommodation Award.

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Jerry Diskin and Ken Davis were honored for their 50 years of service to the department.

To purchase prints, click here.

Loud noises on Highland Park investigated, possibly fireworks

By Howard B. Owens

Police are investing loud noise reports on Highland Park, Batavia.

About 20 minutes ago a police officer was dispatched to investigate a report of a gunshot, but there has been no confirmation of gunshot in the investigation so far.

A few minutes ago, a police officer was heading to the other end of the street to investigate what is believed to be fireworks going off.

Again, at this point, there is no evidence found of a gunshot in the area.

Friends and family gather to help Rose Disalvo celebrate 100th birthday

By Howard B. Owens

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The best way to make it to 100 years old, according to Rose Disalvo, "keep busy, busy, busy. That's the best thing."

Disalvo is 100 and 1 day old today and family and friends gathered at the South Street Senior Care residence in Le Roy where she lives for a birthday party today.

Disalvo was born in Batavia in 1917 when her parents lived on Hutchins Street and her father worked at Massey Harris. She held a number of jobs over the years, including stints at the NYS School for the Blind and the VA Hospital. She has a daughter, a granddaughter and grandson, and two great-granddaughters.

Among her favorite things these days are taking walks -- "I've always walked," she said -- and playing school with her granddaughters (they read to each other on visits).

Asked what she is most proud of, she said, "My family comes first, always, always."

Cindy Saeva, who runs the home, said Rose is a remarkable person.

"She provides a smile to everyone she meets," Saeva said.

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Rose with her daughter Linda Koelling and granddaughter Angela Bellamca.

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Rose with Cindy Saeva.

Photos: Corfu-Pembroke Winterfest

By Howard B. Owens

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K-9 Destro was right at the front door to greet me when I arrived today at the annual Winterfest in Corfu today, held for the first time at the Pembroke Middle School.

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Lake effect snow warning in place now through early Sunday

By Howard B. Owens

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A lake effect snow warning has been issued for the region starting now until 4 a.m.

The previous winter storm advisory has been lifted.

Up to two inches of snow are expected to hit the area between now and this evening, with five to nine inches falling tonight.

Winds will be from 10 to 20 mph with gusts up to 35 mph.

Visibility could drop to a quarter mile at times in some places.

Accident reported on Route 77 in Alabama

By Howard B. Owens

A motor-vehicle accident with possible injuries is reported in the area of 6758 Alleghany Road, near Ham Road, in Alabama.

Alabama fire and Mercy EMS dispatched.

American Legion in Le Roy hosting three-day 'Help Our Heroes' fundraiser

By Howard B. Owens

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As part of a three-day event to raise money to assist veterans, the American Legion Post #576 is hosting a four-man bowling tournament at Legion Lanes, 53 W. Main St., Le Roy.

The fundraiser began on Friday night and continues today and Sunday with squads at noon and 3 p.m. -- and will also feature a chicken BBQ this afternoon, and a chance auction and a raffle through Sunday.

Last year, the event, now in its third year, raised $1,800 for the VA and the Disabled Veterans of America. This year, said Scott O'Neill, the post hopes to raise more than $2,000.

It's not too late to enter -- openings are available -- but if you're unable to make the event, donations can be mailed to:

Help Our Heroes/Scott O'Neill
American Legion Post #576
53 W. Main St.
Le Roy, NY 14482

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Accident reported at Ellicott and Evens, Batavia

By Howard B. Owens

A motor-vehicle accident with a possible head injury is reported at 32 Ellicott St., near the intersection with Evans Street, Batavia.

City fire and Mercy EMS responding.

VA officially opens new living center for resident veterans

By Howard B. Owens

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A new, $2.8 million renovation project at the VA designed to improve the conditions of long-term veteran residents of the Community Living Center, Maple Lodge, was unveiled today in a ribbon-cutting ceremony attended by veterans, VA staff and dignitaries. 

Maple Lodge is a completely gutted, redesigned and renovated wing of the VA Hospital in Batavia and features 19 private rooms and one semi-private room.

There were upgrades to central heating, air conditioning, and ventilation. 

The design consists of an open kitchen, eating areas, and several living room spaces complete with a fireplace. The kitchen table always has snacks or fruit available along with coffee, tea, and the ability to make fresh-baked goods, reinforcing the home atmosphere. Lastly, all rooms now have state-of-the-art lifting equipment for a safe patient environment that concurrently lowers the risk of staff injury.

John McCune, a disabled veteran living at the lodge, spoke during the ceremony and praised the comfort of the renovations and the great care and support he gets from the staff.

"It's a thankless job they do in many instances, but for me, I try to thank them each and every day, because I do appreciate the job they do, especially for somebody like me," McCune said.

He also praised his fellow lodge residents.

"It wouldn't be a brotherhood without each individual's unique story that comes along with living here," he said. "I can't tell you truthfully and honestly from the first time coming onto the ward, it's a home."

Several speakers praised all the individuals who helped make the renovations possible, from the VA leadership to the local maintenance staff and administration staff members.

"This is truly a community living center," said Kimberly Kwietniewski, geriatric and extended care line manager. "As you know, it takes a village, and if it takes a village to raise a child, it takes a village to care for our wonderful heroes."

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Kimberly Kwietniewski

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John McCune

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Richard Collins, a World War II veteran who was awarded a Purple Heart, led the Pledge of Allegiance.

Cianfrini will deliver State of the County address Feb 8

By Howard B. Owens

Press release:

Legislature Chairman Raymond Cianfrini will deliver his annual State of the County Address at 5 p.m. on Wednesday, Feb. 8, in the Legislature Chambers at the Old Courthouse, 7 Main St., Batavia.

Tompkins Financial Corporation Reports Cash Dividend

By Howard B. Owens

Press release:

Tompkins Financial Corporation announced today that its Board of Directors approved payment of a regular quarterly cash dividend of $0.45 per share, payable on February 15, 2017, to common shareholders of record on February 7, 2017.

Tompkins Financial Corporation is a financial services company serving the Central, Western, and Hudson Valley regions of New York and the Southeastern region of Pennsylvania. Headquartered in Ithaca, NY, Tompkins Financial is parent to Tompkins Trust Company, Tompkins Bank of Castile, Tompkins Mahopac Bank, Tompkins VIST Bank, Tompkins Insurance Agencies, Inc., and offers wealth management services through Tompkins Financial Advisors. For more information on Tompkins Financial, visit www.tompkinsfinancial.com.

Tompkins Financial Corporation Reports Record Fourth Quarter and Full Year Earnings

By Howard B. Owens

Press release:

Tompkins Financial Corporation (NYSEMKT:TMP) reported record diluted earnings per share of $0.99 for the fourth quarter of 2016, a 7.6% increase from the $0.92 reported in the fourth quarter of 2015. Net income for the fourth quarter of 2016 was $15.1 million, up 9.1% compared to the $13.9 million reported for the same period in 2015.

President and CEO, Stephen S. Romaine said "We are very pleased to end 2016 with the best fourth quarter in our Company’s long history. Fourth quarter performance reflects the ongoing success of our business development efforts that have produced solid growth in net loan and deposit balances, which are up 12.9% and 5.2%, respectively over 2015. Growth in these key balance sheet categories gives us very good momentum as we head into 2017.”

Full year results reflect the best earnings per share in Company history. For the year ended December 31, 2016, diluted earnings per share were $3.91, an increase of 1.0%, over the $3.87 per share reported in 2015. The record results for 2016 are especially noteworthy given that results for 2015 included a non-recurring curtailment gain of $3.6 million after tax ($0.24 per share) related to changes to the Company’s pension plan, which was recognized in the second quarter of 2015. Refer to the table of “NON-GAAP MEASURES” included in this press release for additional details. Full year and quarterly results for 2016 reflect the impact of the early adoption of Accounting Standards Update (ASU) 2016-09, Improvements to Employee Share-Based Payment Accounting, which is more fully described in Footnote 10 of this press release.

SELECTED HIGHLIGHTS FOR FOURTH QUARTER:

  • Net interest income of $46.4 million for the current quarter was up 6.8% compared to the fourth quarter of 2015
  • Total loans of $4.3 billion at year end 2016 were up 12.9% over year end 2015
  • Noninterest bearing deposit balances of $1.2 billion at year end 2016 are up 8.6% over year end 2015
  • Nonperforming assets of $22.6 million at year end 2016, though up $3.3 million from the most recent prior quarter, reflect a decrease of 7.8% from year end 2015.
  • During the quarter, the Company announced that it will redeem approximately $20.5 million of 7% Fixed Rate Trust Preferred securities, effective January 31, 2017. For purposes of calculating regulatory capital, these securities were not included as part of Tier 1 capital at year end 2016.

NET INTEREST INCOME

Net interest income of $46.4 million for the fourth quarter of 2016 increased by $2.9 million, or 6.8% compared to the same period in 2015. For the full year, net interest income was $180.6 million, up $12.3 million, or 7.3% from the same period in 2015.

Growth in net interest income was largely driven by $447.7 million of growth in average total loans since the fourth quarter of 2015, an increase of 12.1%. The loan growth was supported, in part, by a $212.7 million increase in average total deposits over the same period. The net interest margin was 3.30% in the fourth quarter, down from 3.31% for the most recent prior quarter, and 3.35% for the same quarter last year.

NONINTEREST INCOME

Noninterest income was $16.3 million for the fourth quarter of 2016, and was down $1.6 million or 8.9% compared to the same period in 2015. For the full year, noninterest income of $68.8 million is down from $71.9 million reported for 2015. Prior year-to-date results included net gains on the sale of other real estate owned of $946,000, which were higher by $860,000, when compared to the current year-to-date period. Fee based revenue for 2016 (including insurance, wealth management, and banking related fees), was relatively flat compared to the prior year.

NONINTEREST EXPENSE

Noninterest expense was $39.4 million for the fourth quarter of 2016, approximately flat, when compared to that same quarter in 2015. For the full year, noninterest expenses were $158.6 million in 2016, up $8.7 million, or 5.8% over 2015. The current full year results included $313,000 of expense related to the early termination of an FDIC loss share agreement, which was recognized in the third quarter of 2016; and $546,000 of deconversion expenses related to a core system conversion planned for 2017. The deconversion expenses include $306,000 of expenses that were recognized in the fourth quarter of 2016. Prior year noninterest expenses benefited from a $6.0 million (pretax) non-recurring curtailment gain (recognized in the second quarter of 2015) related to a change in the Company’s defined benefit pension plan.

ASSET QUALITY

Asset quality trends remained strong in the fourth quarter of 2016. Nonperforming assets were down $1.9 million or 7.8% compared to the fourth quarter in 2015; though they were up $3.3 million or 17.0% from the most recent prior quarter. Nonperforming assets represented 0.36% of total assets at December 31, 2016, compared to 0.32% at September 30, 2016, and 0.43% at December 31, 2015. Nonperforming asset levels continue to be well below the most recent Federal Reserve Board Peer Group Average1 of 0.77%.

The provision for loan and lease losses was $1.7 million for the fourth quarter of 2016, up from $1.5 million in the fourth quarter of 2015. Full year provision expense was $4.3 million in 2016, up from $2.9 million in 2015. The year-over-year increase in provision expense is primarily due to loan growth, as well as higher net recoveries in the prior period. Net charge-offs for 2016 were $571,000 compared to net recoveries of $62,000 reported in 2015.

The Company’s allowance for originated loan and lease losses totaled $35.6 million at December 31, 2016, and represented 0.92% of total originated loans and leases at December 31, 2016, compared to 0.95% at December 31, 2015. The total allowance represented 165.0% of total nonperforming loans and leases at December 31, 2016, up from 146.7% at December 31, 2015.

CAPITAL POSITION

Capital ratios remain well above the regulatory well-capitalized minimums. The ratio Tier 1 capital to average assets of 8.41% at December 31, 2016, compared to 8.82% reported for December 31, 2015. Total capital to risk-weighted assets at December 31, 2016 was 12.22%, compared to 13.03% reported at December 31, 2015. Contributing to the decline in capital levels in the fourth quarter of 2016 was the exclusion from Tier I capital of $20.5 million in 7% Fixed Rate Trust preferred securities, which the Company plans to redeem in January 2017.

ABOUT TOMPKINS FINANCIAL CORPORATION

Tompkins Financial Corporation is a financial services company serving the Central, Western, and Hudson Valley regions of New York and the Southeastern region of Pennsylvania. Headquartered in Ithaca, NY, Tompkins Financial is parent to Tompkins Trust Company, Tompkins Bank of Castile, Tompkins Mahopac Bank, Tompkins VIST Bank, Tompkins Insurance Agencies, Inc., and offers wealth management services through Tompkins Financial Advisors. For more information on Tompkins Financial, visit www.tompkinsfinancial.com.

"Safe Harbor" Statement under the Private Securities Litigation Reform of 1995:

This press release may include forward-looking statements with respect to revenue sources, growth, market risk, and corporate objectives. The Company assumes no duty, and specifically disclaims any obligation, to update forward-looking statements, and cautions that these statements are subject to numerous assumptions, risks, and uncertainties, all of which could change over time. Actual results could differ materially from forward-looking statements.

For more details, click here.

 

Potential for lake effect snow on Saturday downgraded

By Howard B. Owens

The National Weather Service is now saying to expect slightly less snow over the course of Saturday into Sunday morning.

A previous winter weather watch has been downgraded to an advisory.

From two to four inches possible Saturday, three to five inches Saturday night, with a storm total of five to nine inches.

Winds will be 10 to 20 mph with gusts up to 30 mph from the southwest.

Blowing and driving snow could make travel difficult at times in some locations.

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