news

Genesee County Attorney James Wujcik on Wednesday introduced a resolution to establish a local law necessary for the municipality to take part in the New York State Energy Research & Development’s Clean Energy Communities Program.

Wujcik, speaking at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, said passage of Local Law Introductory No. A, Year 2022, is a prerequisite to participation in what is called the Energize NY Open C-PACE Financing Program in conjunction with the Energy Improvement Corporation.

“For individuals to apply and receive funding, they have to rely on a Local Law being in place,” Wujcik said. “It’s a gateway for the program to go into effect for our citizens.”

According to the NYSERDA Clean Energy Communities website, local governments in New York can use the program to implement clean energy actions, save energy costs, create jobs, and improve the environment. In addition to providing tools, resources, and technical assistance, the program recognizes and rewards leadership for the completion of clean energy projects.

“It will help the county’s overall score when it comes to green energy initiatives,” Wujcik added.

Legislature Chair Rochelle Stein said county residents will be able to invest in energy enhancements on their properties or for their businesses through the loan program under terms set by NYSERDA. She said the idea was forwarded to the legislature by officials at the Genesee/Finger Lakes Regional Planning Council.

The Ways & Means Committee approved the resolution and another setting a public hearing on the local law for 5:30 p.m. March 9 at the Old County Courthouse. If passed by the full legislature, it would take effect upon filing with the New York Secretary of State.

For more information on the program, go to Clean Energy Communities - NYSERDA.

In other action, the committee:

• Approved a contract for $7,000 with the Benjamin Center at SUNY New Paltz to calculate the weighted vote for each district within Genesee County in light of the need for the legislature to conduct a reapportionment update following the recent Federal Census.

The resolution indicated that Genesee County is unable to perform this task in-house due to the technical nature of it, and reached out to three companies for assistance. The Benjamin Center came in with the lowest quote.

The legislature’s weighted voting system is used to ensure that residents of the various towns are properly represented, based on population.

• Approved a five-year contract with Drescher & Malecki LLP of Cheektowaga for independent auditing services after learning that Freed Maxick, based in Batavia, did not want to renew its contract that expired in 2021.

County Treasurer Scott German recommended going with the Cheektowaga firm, noting that it audits the books for 22 other New York counties. The $41,985 cost for 2022 is a $10,985 increase from the 2021 expense.

The remaining years of the contract are set at $42,825, 2023; $43,681, 2024; $44,555, 2025, and $45,446, 2026.

Heavy rains are expected to hit Genesee County this afternoon and the rain along with snowmelt could cause minor flooding in the Tonawanda Creek, according to the National Weather Service

There is a flood warning in effect.

Water flows in creeks and rivers are likely to increase quickly and reach critical levels, according to the weather service.

There is also a winter weather advisory in effect from 7 p.m. to 9 a.m.  The forecast is for mixed precipitation and snow as temperatures fall tonight.  The snow accumulation could be from 2 to 4 inches along with ice accumulation. Winds could gust as high as 45 mph.  The weather service warns travel may be difficult.

UPDATE via Accuweather:

The weather will change in dramatic fashion with a rapid freeze-up anticipated across portions of Midwest and interior Northeast due to a multifaceted storm that will continue to push across the country from Thursday night into Friday, AccuWeather meteorologists warn.

Temperatures have already plummeted from springlike levels on Wednesday into the 20s across parts of the central United States as a snowstorm created slippery travel conditions.

"We are turning the clock back to January in the central United States on Thursday and Thursday night and will do the same in the Northeast on Friday," AccuWeather Chief On-Air Meteorologist Bernie Rayno said.

After surging to levels more typical of April in many areas, temperatures are forecast to plummet to 10-20 degrees or more below average for mid-February from west to east across the Plains, Midwest and Northeast into Friday.

As temperatures plunge from west to east, areas of standing water, slush and moisture will freeze unless treated with significant ice-melting compounds. On top of that, many crews may not be able to successfully pre-treat roads as rain will quickly wash away chemicals used to melt snow and ice.

 

Press release:

Congressman Chris Jacobs (NY-27) introduced the School Resource Officer Act of 2022 to provide additional funds to support School Resource Officers. The legislation was originally cosponsored by Representatives Stefanik (NY-21), Newhouse (WA-04), Bacon (NE-02), and Bost (IL-12).

“School Resource Officers play an integral role in building strong relationships between our students and police, as well keeping kids safe,” Jacobs said. “I am proud to introduce this legislation to provide additional funds to support school Resource Officers, and I will always stand with the men and women of our law enforcement and work to keep our children safe.”

“Our North Country families should always have peace of mind when dropping their children off at school,” Stefanik said. “I am proud to support this legislation that supports our law enforcement officers that protect our children, teachers, and schools.”

“I am committed to ensuring Central Washington students have the best learning environment available to them, which is why I have consistently advocated for school choice and more parental input in their child’s education. This legislation goes a step further by directing additional funding toward school resource officers, who play a critical role in making students feel safe and are responsible for developing school safety plans. This important legislation protects our students and communities while ensuring that law enforcement agencies have the resources they need in order to provide this service to their communities,” Newhouse said.

“School Resource Officers not only play a critical role in keeping schools and students safe, but they also serve as educators and informal counselors, and are important members of the school family,” Bacon said. “At a time when schools across the country are adding or bringing back School Resource Officers, this legislation will help those law enforcement agencies who have seen a reduction in funding hire additional SRO’s.”

“As a father, grandfather, and former first responder, ensuring that our children and grandchildren are safe at school is one of my top priorities. A big part of that is having dedicated school resource officers on campus to respond in emergency situations. The COPS program helps ensure that school districts have the resources and officers needed to keep students safe in the classroom,” Bost said.

The School Resource Officer Act notably has the following provisions:

• Authorization of Appropriations: Authorizes the Community Oriented Policing Services (COPS) program in the Department of Justice at $500,000,000 for each of fiscal years 2023 through 2026.
• Reserves Funding Specifically for School Resource Officers: Not less than 30 percent of funding for hiring programs within the COPS program will be used to pay the salaries and benefits of school resource officers.
• Awarded Grant Terms: Federal funds may provide up to 75 percent of salary and benefits of full-time officers with a 25 percent minimum local cash match requirement. Maximum federal share cap is increased to $125,000 per officer position.

After nearly a year of revised plans, land surveys, drilling wells, environmental impact reviews, engineers and planning board meetings, Pavilion resident Jesse Coots finally heard the long-awaited words he had hoped for Wednesday evening at Pavilion Town Hall.

Pavilion Town Planning Board unanimously approved his request for a special use permit to build Lokee-Hikee Campground at 10156 Perry Road. 

“Now, therefore, be it resolved, the Planning Board hereby authorizes the zoning enforcement officer to use a special use permit,” Planning Board Chairman Bill Fuest said, adding a comment during his time to vote. “Yes. I believe everything is in alignment with the Pavilion zoning codes so I vote yes.”

The nod of approval came after a few revisions were made to the request, and with several conditions that must be met by Coots as the applicant, Fuest said. A propane tank has been repositioned from the south end to the north side of the main entrance, with Bollard posts to protect it, he said. The town zoning code only allows for one use on the premises, so the applicant’s request for a massage therapy business “has been dropped,” Fuest said. 

A laundry list of items include that the applicant would have to be and remain in compliance with local, county and state laws and codes, the zoning ordinance and local fire department’s directives about dry fire hydrants and Mercy Flight landing space; be subject to a property inspection by the town code enforcement officer before operations begin; and comply with the permit not being transferable. The special use permit will expire if not used within one year of approval. 

A public hearing on Jan. 26 brought out several people to speak either for or against the proposed campground. That piece of Perry Road land is 110 acres — and an estimated $250,000 investment so far — that has required a special use permit, engineering, topographical surveys, drilling for wells, securing town board approval and doing everything they can to ensure the site will be environmentally sound and neighbor-friendly, Coots had said. 

The proposed site is 26.4 acres to be carved out of the total 110-acre property with woods, wetlands and rolling topography. The campground is to be seasonally operated, neatly landscaped and maintained, and geared toward families, retirees, and seasonal occupancies, he said. Amenities are to include a registration building and camp store, food service, a swimming pool, public restrooms and shower facilities, and a recreational fishing pond. 

The application is for approval of 145 total campsites that would be developed in multiple phases and compliant with the town’s zoning ordinance. In addition to the town  Planning Board’s approval, the project has also been reviewed by Genesee County and the New York State Department of Environmental Conservation.  

During a prior Planning Board meeting, Coots needed to address the use of an existing driveway at 10162 Perry Rd., the campground’s main entrance, plans for the whole 110 acres (half to be for farming and half for campsites), water, septic, buffering, dark sky technology and the recreational area, according to meeting minutes from an initial meeting in May 2021.

Due to the controversial aspect of the project — some neighbor and area resident complaints — the board opted to keep the public hearing open until this next meeting on Feb. 16 for additional comments. Four more people submitted letters citing various reasons for being against the project, such as an estimated lowered property assessment for neighboring homes, campfire fumes, and noisy, dusty vehicle traffic.

Carol Ann Wolfe, as a licensed real estate appraiser, Mike Fisher, Ronald Zarbo and Mary Schillinger-Cooke of Keller Williams Realty of Greater Rochester sent those opposition letters. John Tinelli’s letter added another position in favor of the campground. As a fellow recreational park owner, Tinelli listed ways the project could enhance the town and general area.

There was little discussion by the board before the final vote to approve the special use permit. Members Patrick Boyd, Tim Welch, Liz Conway, Don Brooks, Gary Kingsley, Lisa Schiske, and Fuest voted yes. 

Top photo: Pavilion resident and business owner Jesse Coots, shown with wife Jolene and their daughters, Souly, Trilly, and Cricket, received the special use permit necessary to proceed with plans for Lokee-Hikee Campground in Pavilion. File photo by Howard Owens.

This is an updated site plan for the campground. To view it in more detail, click here to view the PDF.

A banking bureaucracy has left a historic home in Pavilion vacant for at least two years and now an outbuilding that fell into disrepair needs to be removed before it further damages property on a neighboring residence.

The Town of Pavilion Board will meet in an emergency session at 6 p.m., Friday, to consider and likely pass a resolution authorizing the town to hire a contractor to tear down the outbuilding. 

It's a sad situation, said Town Supervisor Rob LaPoint. 

"Everyone in town is frustrated about this," LaPoint said.

The former owners, Carol and Don Logan are both deceased, with Carol passing away in 2019. They had a reverse mortgage on the property and the bank has apparently been unwilling to take title to the property.

The Logan's children have, for some reason, been unable to get title to the property, so since Carol's death, the house and its barn and outbuilding have sat neglected and rotting in the elements.

"They (the children) love the buildings," said LaPoint, who remembers playing at the Logan property when he was a child. "If they had the ability to do something, I'm sure they would."

LaPoint believes either HUD or FHA is planning an eventual foreclosure on the property but it's unclear when that may happen.

There have been several parties interested in buying the property and rehabilitating it, including a daycare center, LaPoint said, but the bureaucracy of it all has prevented anybody from making a purchase offer. 

The town code gives the town authority to demolish buildings considered a public safety hazard or a hazard to the property of others. If it wasn't an emergency, there would be a waiting period for the rightful owner of the deteriorating structure to handle the demolition themselves but since this is an emergency situation, the town will be able to order the outbuilding's immediate demolition.

The cost of the demolition will be placed on the tax role of the property and an eventual new owner will be responsible for back taxes.

The Greek-revival house was built in 1825 and has three bedrooms.  It is 3,166 square feet.  The estimated full market value, according to Genesee County OARS, is $161,957.

Top Photo: Genesee County OARS photo.

Genesee County GIS Map image.

Google Street View image.

If local veterans are willing to commit their time to provide military funeral honors at the Western New York National Cemetery on Indians Falls Road in Corfu, then they need to present themselves in a dignified manner.

That’s the view of the Genesee County Legislature’s Ways & Means Committee, which at a meeting this afternoon, approved a resolution brought to them by William Joyce, Veterans Services Agency director, to fund honor guard uniforms for military funerals.

The WNY National Cemetery Honor Guard, Inc., consists of 78 members from eight Western New York counties, including 32 residents of Genesee County – all volunteers – who serve their fallen military members’ families at the burial grounds.

Pending a vote by the full legislature next Wednesday, the county will take up to $8,000 from a contingency account to make sure the Genesee County residents who are honor guard members have the proper uniforms.

“I’m really proud to be the Veterans Services officer for this county,” Joyce said, speaking to Ways & Means Chair Marianne Clattenburg, who initiated the possibility of county funding. “I don’t ask for that much, and really appreciate your work in backing this.”

Joyce said that the program will be coordinated by Tom Cecere, quartermaster for Genesee County members, who will keep track of the uniforms that will become the property of the honor guard. Veterans serving in this capacity will be required to turn in the uniforms upon leaving the honor guard.

“The $8,000 is a good start and it (the cost) may come down,” he said.

Legislature Chair Rochelle Stein said it is the legislature’s honor to provide the uniforms for the National Cemetery, while County Manager Matt Landers said that he will explore funding for this endeavor on an annual basis.

Joyce reported that the cemetery has conducted 811 burials from Dec. 18, 2020 thru Dec. 18, 2021 in all weather conditions and the new administration building is now open.

In related news, Joyce said that a local seamstress has repaired 278 flags to date – all at no cost to the cemetery foundation.

“We asked her for an invoice and she said she didn’t want anything,” he said. “She said that it was an honor that she was asked to do this.”

File photo: Flags at the Western New York National Cemetery. Photo by Howard Owens.

The Genesee County Legislature is expected to vote next week on two resolutions proposed by County Manager Matt Landers that would extend contracts with the architectural and construction management companies involved with the new $70 million county jail project.

The legislature’s Ways & Means Committee (today) and Public Service Committee (on Monday) approved extending the construction timeline with The Pike Company of Rochester from 18 to 20 months, based on the current market and supply chain constraints.

Landers said the specific start date hasn’t been set yet, but when it does it will be for 20 months – fitting into the June 1, 2022 through April 30, 2024 time period.

Since time is money, the extension will result in an increase of $121,298, with almost $96,550 of that for Pike to manage the extra two months of the construction time frame, Landers said.

“The remainder is cost escalation for Pike’s rising costs from delaying this project so long,” he added.

The other resolution is for two one-year renewals of the contract with SMRT Architects and Engineers of Latham, stretching out the agreement through February 2024. In this case, there is no additional cost to extend the pact.

The full legislature will convene at 5:30 p.m. next Wednesday.

Landers said that construction bid packages were released on Feb. 8. Bid awards are expected to go out in March with groundbreaking of the 184-bed jail on West Main Street Road scheduled for April.

Qumane Santiago

A Walnut Street resident who got into a tussle with Batavia patrol officers on Oct. 20, 2020, leading to one of the officers sustaining an injury, told Judge Melissa Cianfrini in County Court today that he didn't do anything wrong.

He then entered a guilty plea to assault in the second degree as part of a plea agreement that caps his potential prison term at three years.

Qumane J. Santiago, 23, entered a plea on an Alford basis. The plea means that Santiago is accepting a plea deal because he believes a jury would convict him of the multiple charges against him, exposing him to a potentially longer prison term, even though he disputes the facts of the case as presented by the prosecution.

When asked by Cianfrini if that was the reason he was pleading guilty -- a legal requirement to clarify that the defendant understands the plea -- Santiago said he was only pleading guilty because he wanted to get the case over with.

"I'm not going to admit to something I didn't do," Santiago said. "I just want to go along with what you all want me to do."

Cianfrini explained to Santiago that there is nothing she was asking him to do and that whether to plead guilty or not was entirely his choice.

"I don't want you to do anything you don't want to do," Cianfrini said. "It's your decision. You have a right to a trial."

For sentencing purposes, Santiago also admitted to having a prior felony conviction.

The plea satisfies a four-count indictment delivered by a grand jury on May 21.  Besides the assault, Santiago was indicted on an additional count of assault 2nd, resisting arrest, obstructing governmental administration, and criminal mischief.  An additional harassment charge, related to an incident at the jail, from a separate case pending in City Court was also dropped.

As part of the Alford plea, Assistant District Attorney Joseph Robinson was required to provide the facts of the case that would be used to convict the defendant if the case went to trial.

Robinson said on Oct. 23, 2020, Officer Peter Post and Sgt. Dan Coffey responded to a residence on Walnut Street for a report of an assault inside the residence. When the officers attempted to detain Santiago, he barricaded himself inside the residence. The officers observed him damaging inside the residence so they used force to enter the residence. Santiago tried locking himself in a bedroom and the officers broke down the door.  When they attempted to take Santiago into custody, there was a struggle on the bed and Post suffered a cut on his leg from a sharp object on the bed that required medical attention. 

Robison said there was body-worn camera footage as well as photographs to substantiate the charges.

Robinson has other prior arrests in Genesee County, including criminal trespass, menacing, and conspiracy and robbery. 

Santiago remains free on bond and is scheduled for sentencing at 11 a.m., April 27.

The Batavia Town Planning Board on Tuesday night quickly approved a request by Yost Neon Display, Inc., of Buffalo to erect two lighted wall signs on the City Mattress warehouse and distribution center at 7999 Call Parkway.

Placement of the signs – one of them is 6 feet by 16 ¾ inches and the other is 6 ½ feet by 39 ¾ inches – previously was recommended for approval by the Genesee County Planning Board and meets all Town of Batavia zoning codes.

Board members reported that the next Town of Batavia solar committee meeting is scheduled for 6 p.m. Feb. 22 at the Town Hall on West Main Street Road. The agenda will focus upon final revisions to the town’s solar ordinance.

 

With O-At-Ka Milk Products’ new $5.5 million pretreatment plant online and the Dissolved Oxygen levels at the City of Batavia’s Waste Water Treatment Plant on the road to recovery, a once-tense working relationship between the two entities has moved into a “spirit of cooperation” phase.

Both William Schreiber, O-At-Ka Milk’s chief executive officer, and City Manager Rachael Tabelski reported to The Batavian that recent discussions over wastewater flowing from the Ellicott and Cedar Street industry into the WWTP as well as the condition of the lagoons have been positive.

So positive, in fact, that the city has rescinded the cease-and-desist order it invoked upon O-At-Ka last October when city employees discovered that O-At-Ka’s wastewater contained exceptionally high levels of contaminants.

Schreiber, speaking by telephone this morning, said he received a letter from Tabelski that the restriction has been lifted, and Tabelski confirmed that via an email.

“O-At-Ka’s pre-treatment efforts and recent solution have gone well, and have positively impacted the recovery of the Waste Water Treatment Plant,” she said on Tuesday. “We continue to have discussion about a variety of matters, and look forward to the continued relationship moving forward as they continue to grow here in Batavia.”

Tabelski said the DO levels have recovered, “but we continue to monitor all or our industrial users, review daily DO samples from the ponds, and are working daily on an in-depth analysis of the entire system (WWTP Headworks) to further improve the WWTP.”

She said the study will take about a year to complete and will help the city determine future capital projects at the WWTP.

Schreiber, mentioning a productive meeting last Friday, said “the real message” is that O-At-Ka and the city are cooperating.

“We were on a thin line there for a while,” he said, referring to an impasse that resulted in O-At-Ka having to spend nearly $1.5 million to haul waste to other locations last fall. “But we've managed to navigate our way to a better place on both sides. So, I am feeling much better about the spirit of cooperation that we're getting from the city and their willingness to work with us on a solution that works for both parties.”

He said the company’s new pretreatment plant, which was approved by the Upstate Niagara Cooperative board of directors months before any problems with the city surfaced, is consistently producing effluent that meets the parameters established in the permit with the city.

“This was our goal from the beginning – to build a properly-sized plant that could accommodate our growth and allow us to operate without paying additional surcharges to the City of Batavia,” he said. “Our board (O-At-Ka is owned by Upstate Niagara) approved the funds in January of 2020 and we took this step without provocation or an imperative from others.”

Submitted photo: Modern production line at O-At-Ka Milk Products in Batavia, where cans and bottles are moved via a lube-less conveyor, selected for its sanitary design.

Previously: O-At-Ka Milk Products CEO encouraged by progress of its pretreatment facility

A 2020 capital project to expand outdoor amenities at Jackson Primary School is returning to the table for a vote during this week’s Batavia City School’s board meeting.

The project involves a building at 245 Liberty St., Batavia, which was donated to the city school district in December 2017. Board of Education members are expected to vote on its demolition after a survey, based on the State Environmental Quality Review Act (SEQRA), has declared a negative impact from the work.

The meeting is set for 6 p.m. Thursday at Batavia High School’s library, 260 State St.

Demolition of the site — the former Country Pride Bakery Mart — is part of a plan to create additional parking and green spaces, and a pedestrian walkway adjacent to Jackson Primary School. The SEQRA is a stipulation enacted by the state of New York that all local and state government agencies must uniformly reflect the environmental impacts when considering taking social and/or economic factors into action.

School board members are also to vote on a resolution that supports the state Senate bill S7600 regarding cyber bullying. This amended bill establishes that “any person who knowingly engages in a repeated course of cyberbullying of a minor is guilty of an unclassified misdemeanor punishable by a fine of not more than one thousand dollars, or by a period of imprisonment not to exceed one year, or both.”

Other votes include:

• The purchase of portable two-way radios as part of public safety communications in school buildings. The price to buy the radios from Saia Communications Inc. is $41,277.22.
• An energy performance contract with Energia and Johnson Controls, Inc.
• A proposed baseball trip to Florida.
• Several district personnel appointments and retirements.
• A revised emergency roof repair plan from Campus Construction Management and the proposed bid from Spring Sheet Metal and Roofing, LLC for Batavia High School.
• A Memorandum of Agreement between the Batavia City School District and Batavia Clerical Association.

Time is allotted for public comments at the beginning of the session. This meeting will be live-streamed via YouTube at:  https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg?view_as=subscriber

 

Pembroke Central School’s regular board meeting on Feb. 22 has been canceled, however, an impromptu meeting has been scheduled for this week, Superintendent Matthew Calderon says.

The original meeting was scheduled during the board’s reorganizational session this past July. It was more recently deemed unnecessary due to no “pressing business," Calderon said to The Batavian on Monday.

An Unexpected “more pressing issue" arose, he said Tuesday, prompting a special board meeting to be set for 7 p.m. Thursday at the district office, corner of routes 5 and 77. 

“Basically, we recently had a bid opening for our ADA/BCS capital project, and the board needs to award the bids sooner than later in order to start the project on time,” Calderon said. “That is the main reason for the meeting, and we will also approve a few other items.”

The capital project stems from Americans with Disabilities Act and Building Conditions Survey (ADA/BCS) issues. A meeting agenda is to be posted on the district’s website by Wednesday, he said.

For more information, go to: https://www.pembrokecsd.org/page/board-of-education-home-page
 

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined his Assembly Minority colleagues yesterday in urging lawmakers to vote on legislation (A.8101) to prohibit state agencies from mandating the masking of healthy, asymptomatic children in schools and other similar public settings. This amendment was voted down overwhelmingly by members of the Assembly Majority.

Hawley has for months called for the state mask mandate to be terminated in all public settings, including schools. He believes that the authority to implement mask mandates and similar public health policies should rest with local governments and health departments, who have a better understanding of the needs and circumstances of their communities than state-level bureaucrats.

“Last night’s vote made it clearer than ever which members of the Assembly truly stand behind parents,” said Hawley. “I am deeply disappointed that members of the Majority last night were more concerned with preserving the power of the governor than listening to our parents and the most recent data on COVID-19, which shows new infections are steeply declining. Even though this proposal did not pass, it will at least make it obvious to voters which of us in this chamber are willing to stand up to the endless mandates of Gov. Hochul.”

Press release:

Congressman Chris Jacobs (NY-27) submitted a comment to the New York State Department of Health in opposition to the proposed rule I.D. No. HLT-50-21-0002-EP, pertaining to Investigation, Isolation, and Quarantine for communicable diseases.

“As this proposed rule is written, it could give local health officials the power to remove individuals from their homes and place them in a government-controlled quarantine facility if they are simply exposed to COVID-19 or other communicable diseases,” Jacobs said. “Not only is this blatantly authoritarian, but it is an affront to the individual freedoms and liberties of each and every New Yorker. As other states move to end COVID-19 restrictions, New York State is actively working to assume more power over residents’ lives and implement policies that violate their constitutional rights – I strongly oppose any such measure.”\

Jacobs full comment, submitted to the New York State Department of Health – Bureau of Program Counsel, Regulatory Affairs, can be read here:

Dear Ms. Ceroalo,

I urge you to not to adopt the above-referenced proposed regulation relating to investigation, isolation, and quarantine in response to an outbreak of communicable disease. This proposed regulation is both unnecessary and contrary to the established laws of New York State.

The regulation as currently drafted gives state and local health officials the power to remove residents from their homes and place them in a government-controlled facility. It includes not only people who are confirmed infected with COVID-19, but also covers people simply exposed to COVID-19. We are almost two years into the COVID-19 pandemic and there are very few instances of New York State, or any state for that matter, forcibly quarantining people outside their homes. Circumstances have not changed so that they must do so now. There is no evidence that this policy if implemented would even have any effect on the spread of communicable diseases. The notice of rulemaking does not cite any scientific evidence to support this policy, and only refers generally to the spread of COVID-19 as justification for the regulation’s necessity.

The regulation is also a plain violation of New Yorkers’ freedoms and New York State law. Because the rulemaking covers people who are even only potentially exposed, the regulation can affect almost every New Yorker. The notice of rulemaking cites Section 225 of the Public Health Law. This is an extremely broad reading of the law. Under the State’s interpretation, there is virtually no limit to what the Department of Health can do. Furthermore, it is simply wrong for the government to remove individuals from their homes based on a temporary medical condition. We are a country and a state that prizes individual freedom and respects due process. This regulation flouts both of those values.

Press release:

U.S. Senate Majority Leader Charles E. Schumer today launched a major push to make New York State home to the nation’s first Regional Clean Hydrogen Hub created by the bipartisan Infrastructure Investment & Jobs Law. In a direct letter to U.S. Secretary of Energy Jennifer Granholm, Schumer explained how New York is already a national leader in hydrogen energy production and research, with North America’s largest green hydrogen production facility currently being constructed in Western New York by Plug Power. Schumer said that if selected for federal investment, the Regional Clean Hydrogen Hub would mean thousands more clean energy jobs in New York and major federal investment to cement New York as a leader in the fight against climate change and the future of carbon-free energy production.

“From WNY, Rochester, and the Capital Region to Long Island, New York is leading the nation in hydrogen energy production sparking innovative research that is literally turning water into carbon-free power for electricity, fuel cells, and so much more. That is why I wrote to Energy Secretary Granholm directly to make it clear that New York has all the right ingredients to be the nation’s first-ever Regional Clean Hydrogen Hub and fuel America’s clean energy future,” said Senator Schumer.

Schumer added, “When I led the bipartisan Infrastructure Investment and Jobs Act to passage with an unprecedented $9.5 billion federal investment to expand the hydrogen industry, I had in mind innovative companies like Plug Power in Upstate New York and the potential to create thousands of good-paying clean energy jobs in communities that need it most. New York’s powerhouse workforce, top tier research institutions, and easy access to the renewable energy needed to produce green hydrogen make it uniquely suited to supercharge and lead the federal government’s efforts to secure the nation’s spot as a global leader in clean hydrogen production to power our fight against climate change.”

The bipartisan Infrastructure Investment and Jobs Act provided $8 billion for the Department of Energy to establish four or more Regional Clean Hydrogen Hubs to demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen. Today’s two Requests for Information from DOE’s Office of Energy Efficiency and Renewable Energy points to how important it is that New York quickly coordinate the most compelling proposal for a New York-centered Hydrogen Hub. In addition, the law also makes several new critical investments in hydrogen fuel and clean energy, including:

• $1 Billion for a new Department of Energy Electrolyzer demonstration, commercialization and deployment program to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers.
• $500 million for a new Department of Energy clean hydrogen manufacturing recycling program to foster a clean hydrogen domestic supply chain in the U.S. 

Senator Schumer has been leading the charge to expand clean hydrogen production in New York. In 2020, Senator Schumer made a personal call to Plug Power CEO Andy Marsh pushing for the company to select Upstate New York for the site of its newest factory instead of a site in another state that was in contention.  In December 2020, Schumer announced that Plug Power had heeded his call and selected Monroe County as the site for its new ‘gigafactory,’ a hydrogen fuel cell component R&D and manufacturing plant, bringing $125 million and nearly 380 jobs to the Finger Lakes region. The new ‘gigafactory’ will manufacture hydrogen fuel cell stacks and electrolyzers, which will be used to power a variety of electric vehicles and to generate power from renewable green hydrogen.

Schumer also called on the Department of Energy to support Plug Power’s newly proposed plan to construct a $290 million hydrogen facility at the Western NY STAMP site in Genesee county and personally visited the site in September. Plug Power’s new production facility at STAMP will produce green hydrogen to supply fuel-cell-powered equipment and vehicles such as freight transportation and logistics handling equipment.

Every building has a story.  The Pok-A-Dot has one that involves family, friends, bands, railroad tracks, ‘50s décor and thousands of customers.  All could add a page to the story of the Dot.  My page would be going to the Dot in the ‘60s with my brothers and sisters and fighting over the swivel stools at the counter.  Today when my brother and sisters’ families come home, the first place they want to eat at is the Dot!

Prior to the establishment and construction of the “Pok-A-Dot” restaurant at the corner of Liberty Street and Ellicott Street in Batavia, a bandstand occupied the current parcel of land.  It was used for band concerts for the neighborhood residents.  With the help of Congressman Harold Ostertag, and John Gioia, owner of Gioia’s Drug, the property was leased to Philip Pastore and Joseph (Trigger) Marone. They built what has been known as the Pok-A-Dot Restaurant.

They dug the foundation for the 20- by 20-foot “box type” wooden building in April 1953.  It was completed on June 6, 1953.  The sides of the building housed flaps, which were pulled down at the end of the business day.  They were painted black with multicolored “Pok-A-Dots.” The idea for its name originated when they saw a house painted with polka dots. 

The first day the Pok-A-Dot opened, Philly and Trigger were ready with the cigar cash box, hot dogs, and hamburgers for 20 cents and free ice cream.  At the end of their first day, the cigar cash box was overflowing with money.  The tired, excited partners were guessing how much money they made at the grand opening. They thought at least $500.00.  With eagerness, they began to count all of their money and were surprised that they made only $85.00. 

Added to the original menu of hotdogs, hamburgers, ice cream, and ice-cold root beer served in frosted mugs came “roast Beef on Wick” and a pepper and egg sandwich (the first in Genesee County).  As the business grew, more items were added to the menu.    The cooking of the famous Beef on Wick began in Leona Pastore’s kitchen, along with pasta fagioli from the very infancy of the Dot.

The railroad tracks ran right behind the new Pok a Dot building.  The tracks were so close you could almost touch the train as it went by. The workers for the railroad enjoyed the Dot and would park the train down by Swan Street unhook the engine and ride it to the back of the Dot and go in for lunch.

Eventually, the building was enclosed with windows, which were removed at the beginning of the warm weather.  In 1961 an enclosed dining room was added with red tables and wrought iron chairs.   Added to the 1950s décor was a jukebox with small boxes on the counter.

The Pok-A-Dot became a place for many famous celebrities to sit and unwind after their performances across the street at the well-known Roman Room Restaurant.  People like Al Martino, Julius La Rosa, Tony Pastore, Dick Contino, and many well-known bandleaders were among them.

When you went into the restaurant, you were not given a menu.  Rather the waitress would say, “What can I get you?”  All your choices were on the menu wall.  If it wasn’t up there and they could make it, they would.  Over the years, many young people worked at the Dot, including all of Mr. Pastore’s six children.  The waitresses over the years were very loyal. The current manager Jo Anne has worked at the Dot for over 25 years.  Jennifer, Nicole, Lynette, Jo Anne, and Melody make up the rest of the current working staff.  You can find some of these ladies working different shifts from 6 a.m. to 9 p.m. on weekdays, and from 7 a.m. to 9 p.m. on Saturday.  On Sunday the hours are 8 a.m. to 9 p.m.

The Pok-A-Dot has been featured in the book Sunlight Dialogues that was written by Genesee County’s most famous author, John Gardner, who frequented the restaurant as a young man.  Each year in October the Pok-A-Dot hosts an evening of readings for the John Gardner Society from the great author’s books.  Author and some time reader at these gatherings, Bill Kauffman, stated, “The Pok-A-Dot is the literary capital of Culinary Batavia.”  The Pok-A-Dot has also been immortalized in the painting and calendar sketches of Batavia’s well-known artist, John Hodgins.  Wanda Frank, a radio personality for WBTA made a CD, Grandpa’s Home for Christmas, which mentions the Pok-A-Dot in her radio play.  It seems that the Pok-A-Dot is the setting for more than just a good meal.

To this day, people who grew up in and around the area and then moved away to different parts of the country return and make a special stop to enjoy the Beef on Wick for which the Dot has been famous in the WNY region for 56 years.

In 1999 a business called Mail Boxes Etc. used a refrigerant technology to send perishable products in the mail.  One of these boxes was used when a man came in and wanted to ship overnight a hot pepper sandwich from the Pok-A-Dot as a birthday gift to his brother.  The brother used to live here and loved the sandwiches.  There are many creative ways to ship the Dot’s food to different places.

T-shirts have been sold with the Pok-A-Dot logo and can be found as far away as California, Florida, Colorado, and many more places.

The Pok-A-Dot has been a regular stop for thousands of people who want a good cup of coffee, good food, and good conversation.  “Meet you at the Dot,” is a well-known expression.  You will always find the regulars and then you would find people like me who just go to the Dot to have a Beef on Wick, fries with gravy, and root beer in a frosted mug.

In October of 2006, Phil Pastore and Joe Marone were honored at the Paulo Busti Cultural Foundation Brunch for Italians being in business for over 50 years.

October 2014, Joseph “Trigger” Marone died.  Batavia mourned his passing.

We lost Philip Pastore on July 17, 2018. 

We lost the beautiful Leona Pastore on February 6, 2022.  She was very instrumental in this article.

Photos: File photos by Howard Owens. Top photo, Phyllis Pastore-Beers and Leona Pastore.

Memories are swirling around in everyone’s mind remembering the original creators of the Pok-A-Dot

Teaching has changed drastically over the years.  Teachers continue to work for our children, meeting all the demands put on them, but they also have humorous moments they will never forget in their careers.

In 1972, I was fortunate to get my first teaching job at Wolcott Street School in Le Roy. So many of my early memories took place at that school.  I always loved teaching and hopefully inspired young minds to always reach for the stars.  My memories stay embedded in my heart as a teacher. 

I will focus on the funny side of my teaching career. An early memory was teaching my third-grade students about deserts as one of the world's regions. I brought in the sand; students brought in cactus plants, we made a paper mache camel and a mural depicting life on a desert. Then, to make it seem authentic, I turned up the thermostat in my classroom to show what it was like to survive in a desert. First, I didn't realize you NEVER adjust the thermostat, and secondly, my thermostat was the main link to the 12 classrooms on my floor. 

I was prepared when I gave my first standardized test to my class. I had just clicked my husband's stopwatch when one of my students asked if she could use the restroom. Holding on to my stopwatch, I asked if she could wait.   Whether they needed to go to the bathroom or not, every child was asked to try from that day forward. I learned a sad life lesson that day. 

My very first observation by the principal was a math lesson. I was so nervous! It was about 10 minutes into my lesson when a little boy raised his hand and asked how the earth stays up in the sky. As my principal waited for my answer, I explained we would talk about that after my lesson. 

I always felt that you could turn any event into a lesson and an adventure. For example, I took my class for a walk, not knowing I needed permission first. We began walking down Main Street and approached the Wiss Hotel; Donnie Pangrazio's grandpa was outside and invited us in, so my class had a soda and returned to school.

By the time I returned, I was asked to see the principal. It seemed he had been flooded with calls about the wandering teacher and students.

One morning a 3rd-grade student shared how excited he was that his mom and dad bought a bicycle built for two; he asked me the bike's name. Unfortunately, I mistakenly told him it was a condom rather than tandem. There were many laughs over the years about that remark.

After our daughters were born, I got a job teaching in the Batavia School District. I continued to make memories.

I loved to take my students for a walk. We would walk over to Batavia, visiting the Holland Land Office Museum, Historical Batavia Cemetery, and other landmarks. One day, we stopped at Kibbe Park to talk about how important the Tonawanda Creek was to our early settlers. Unfortunately, the trip was cut short when I realized we were at a particular part of the park where young lovers would park.   As my students discovered the protection of their lovemaking, I realized immediately that we must leave the park.

I loved taking my class on field trips, and I was so lucky to have had an administrator who supported my overnight trips to Albany and New York City. A highlight of one of my NY trips was taking my class to Yankee stadium. I think every father in that class went as a chaperone. I have to admit I was not a baseball enthusiast. We had a tour of the stadium. I can still remember my class sitting in the Yankee dugout as I walked backward on the field to take their picture with my panoramic Instamatic camera. I noticed all the dads were smiling. I thought that was unusual until two burly men were at my side on the field out of nowhere. They were questioning me on what I was doing on the field. I thought that was a silly question explaining I was taking a picture of my class. They weren't impressed with my explanation and kept saying; you are on the Yankee Stadium field. After being escorted off the field by the unfriendly security, I noticed the fathers were laughing. Walking on the Yankee Stadium field is only reserved for the Yankees.

It was a huge responsibility to take children on an overnight field trip. I would do a room check every trip to ensure the children were ready for bed. Every room had a parent as a chaperone. One night on my room check, I kept knocking on the door to make sure the children in every room were ready for bed.  Finally, the door opened, and a young adult was staring at me with his girlfriend behind him, saying, no, we are not ready for bed. As I was trying to apologize, I made sure I put a post-it note on every student's door. I mistakenly thought we had the entire wing.  

I was constantly learning life lessons as a teacher. I always had classroom pets. I felt it taught the children responsibility, and for many, it was the first time they had a pet. For example, we had a hamster that would frequently escape, so I just left food out for Fluffy. One night I was told our hamster visited a parent's meeting in the faculty room and scared many of the members as he paraded around. That particular pet also attacked student permanent record folders, munching on the records.  

I hope some of my memories brought a smile to your face, and please understand my students did succeed academically.  I just felt if I made learning fun, they would also remember and create their memories. I know many of my colleagues have their humorous stories. I hope some of them will be inspired to share after reading this article. Times have changed drastically since the beginning of my career. First of all, you would never take your class on a walk without permission from the administration and the parents. Today, not many districts would grant an overnight field trip to 4th-and 5th-grade students. The only safe classroom pet is a fish, and you never adjust a thermostat. Most of all, bathroom breaks before any test are a must!

I am still teaching and creating memories. I hope mine brought a smile to your face.

A flood watch is in effect for Genesee County from Wednesday evening through Friday evening.

Potential flooding may be caused by snowmelt and torrential rainfall. 

The National Weather Service stated: "Excessive runoff may result in flooding of rivers, creeks, streams, and other low-lying and flood-prone locations. The greatest threat for flooding will be in ice jam-prone areas ... . Creeks and streams may rise out of their banks. Flooding may occur in poor drainage and urban areas."

Image provided by Accuweather.

Press release:

The Genesee County 4-H Program participated in a Valentines for Veterans community service project this winter.  The 4-H Fur & Feather Club, 4-H Sheep Club and individual 4-H members created over 250 handmade Valentine's cards for the Batavia VA. 

The Valentines for Veterans project was led by Genesee County Master Gardener Volunteer Pamela Moore in collaboration with Churchville’s Post #954 Legion Family.  Over 2,000 Valentines were collected throughout Genesee, Monroe, and Livingston Counties for the project.  The Valentines were delivered to Cindy Baker of the Center for Development and Civic Engagement at the Batavia VA for hospitalized veterans and veterans in the in-residence PTSD programs. 

4-H is a nationwide youth program that connects youth age 5-18 to a variety of hands-on learning opportunities.  For more information about joining the Genesee County 4-H Program, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040 ext. 131.  Enrollment forms are also available on our website at http://genesee.cce.cornell.edu/4-h-youth-development/how-to-join-4-h

It looks as though you can add paint to the list of materials eligible for disposal at the GLOW Region Solid Waste Management Committee’s annual Household Hazardous Waste Collection.

GLOW Recycling Administrator Peggy Grayson on Monday reported that New York’s Paint Stewardship program is expected to become operational by May 1, setting the stage for Genesee, Livingston, Orleans and Wyoming county residents to drop off left over latex and oil-based paint at the Sept. 17, 2022 collection day at the Genesee County Highway Department on Cedar Street.

The collection event, which rotates among Genesee, Wyoming and Livingston each year, is open to the public at no charge. The electronics collection day is set for Sept. 24, also at the highway department.

Grayson, appearing at the Genesee County Legislature’s Public Service Committee meeting at the Old County Courthouse, distributed brochures indicating that the paint program (www.paintcare.org) has established more than 2,000 drop-off sites in 10 states and the District of Columbia.

While most sites are paint and hardware stores, solid waste facilities – including transfer stations, recycling centers and landfills, plus household hazardous waste facilities – also participate as drop-off locations.

The program is funded by the addition of a small fee to the price of paint containers sold in stores and online.

Information provided by Grayson points out that latex paint is not hazardous waste and small amounts can be safely disposed of in the trash once it is in hardened form. If the can is more than half full, it should be taken to an approved PaintCare location or to the hazardous waste collection site.

In related action, the Public Service Committee approved an extension of a contract with Environmental Enterprises, Inc., and the other GLOW counties for the GLOW Household Hazardous Waste Collection Program at a cost not to exceed $32,000.

“This will be our 18^th year (with EEI),” Grayson said. “It’s a great job that they do for us; always on time and they clean up afterwards.”

The PSC also voted in favor of the following resolutions (subject to approval by the full legislature on Feb. 23):

• Leasing of a new Caterpillar hydraulic excavator from Milton Caterpillar in Batavia for $299,929, with annual payments set at $64,135.80. Funding will come from the road machinery budget, which had an estimate of $85,000 annually for the lease purchase.

• Utilization of $77,000 in grant funding for the Sheriff’s Office to pay overtime for the Governor’s Traffic Safety Committee operations and for additional police services in the Village of Bergen, and for expenses related to a Department of Homeland Security program.

• Acceptance of a $4,056 grant from Homeland Security to cover the costs of sheriff’s deputies' participation in emergency preparedness exercises.

• Implementation of Automated Secure Alarm Protocol at the county’s Emergency Dispatch Center that will cut down the amount of time from the sounding of an alarm to the dispatch of first responders. The $35,000 capital project will be paid by revenues generated by wireless fees and state aid. This would affect all alarm companies linked to The Monitoring Association. “This could mean as much as 30 seconds saved on the front end … and that could make a huge difference (when it comes to a fire),” said Steven Sharpe, director of Emergency Communications.

• Acceptance of a $500,000 grant from the NYS Office of Children and Family Services to fund Justice for Children services in Batavia, Albion and Warsaw and Genesee Justice programming for the next five years through Sept. 30, 2027.

• A $718,564 contract with Union Concrete and Construction Corp. of West Seneca for replacement of the Darien-Alexander Townline Road bridge over Tunnery Brook. The bid was more than $100,000 less than the engineer’s estimate, according to the resolution.