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Senator Schumer urges feds to require that crude oil be made less volatile before shipping through New York

By Billie Owens

Press release:

On the heels of new data from the U.S. Energy Information Administration (EIA) finding that the amount of crude oil moving by rail to Northeast refineries is on the rise, U.S. Senator Charles E. Schumer demanded the Department of Transportation (DOT) and Department of Energy (DOE) propose and quickly finalize volatility standards.

***This will stabilize highly explosive crude oil before shipping it through New York.

Schumer said current law allows dangerous crude oil to be shipped by rail without being stabilized, making violent explosions far more likely.

In addition, Schumer explained that DOT and DOE should complete the ongoing formal process requesting comments from stakeholders and studying how crude oil properties affects its combustibility in rail accidents, which will inform this new rule.

Bakken crude barreling through local communities

“Every day across Upstate New York, oil railcars laden with Bakken crude pass through backyards and by schools and homes and near places of business putting communities in Upstate New York at risk if tank cars derail or puncture," Senator Schumer said. "It is clear to me that we need an all-of-the-above approach to safety, so I am urging the Federal Department of Transportation and the Department of Energy to finally publish and finalize standards that will stabilize highly explosive crude oil before shipping it through Upstate New York.

"These new regulations are an additional layer of safety that New Yorkers deserve and will help keep communities safer. We have tank cars barreling through communities throughout the state on a daily basis, and we should leave no stone unturned to further protect residents.”

According to a new data from the U.S. Energy Information Administration (EIA), the volume of oil shipped by rail is again on the rise. Refineries in the Northeast, used about 3.1 million barrels of oil in March, a level not seen since early 2017.

Schumer said that this news in conjunction with the fact that next month is the fifth anniversary of the tragic explosion in Lac-Mèantic, which left 47 people dead in the Canadian Province of Quebec in July 2013; the issue of oil-by-rail safety is urgent.

Schumer said new crude oil volatility standards would make oil-by-rail safer. Schumer said existing efforts, including stakeholder comments collected by the Department of Transportation (DOT) and the Department of Energy’s (DOE) oil volatility study, should be quickly finished and used to create these new standards so shipment is safer. Schumer said is it vital the feds continue to address oil-by-rail safety concerns so that communities in Upstate New York and beyond are protected.

“The bottom line is – any time you are transporting volatile chemicals, there is a risk of explosion," Schumer said. "Things like safer tank cars, better braking, and lower speed limits – they all help make the rails safer.

"But when it comes to crude, one of the most powerful things we could do would be to set a good standard for the stability of what’s actually inside the tank cars.”

Additionally, according to a report published by the DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) in 2014, the Bakken crude oil that is transported on New York State rail lines is more volatile than most other types of crude oil and other products shipped by rail, and its greater volatility is linked to increased ignitability and flammability.

Schumer said this is particularly dangerous during derailments, punctures, and breaches and added that according to the PHMSA, this Bakken crude oil is primarily light and sweet, compared to heavier crude oils produced from conventional domestic reservoirs and imports. As a result, this lighter, sweeter crude oil is a higher quality and easier to refine into commercial products than the heavier crude oil.

However, this kind of oil is also easier to ignite because the flash point—the lowest temperature at which ignition can occur—is lower for Bakken than for other crude oils. This volatility is a measure of the tendency for the oil to vaporize or move from a liquid to a gaseous state. Because this Bakken oil is “lighter” and has a higher vapor pressure than most crude oils, it is particularly dangerous during rail transport, when derailments and breaches, and subsequent explosions, near communities are most likely to happen.

Although this kind of oil has been produced for decades, the recent boom in crude oil extraction in North Dakota, where a big portion of the Bakken oil emanates from, and similar deposits elsewhere has led to this dangerous and unexpected development in the industry.

Urging agencies to make a stabilization plan for highly flammable oil

Specifically, Schumer is calling on federal agencies to work together on a plan that would require oil companies to stabilize highly flammable and dangerous Bakken crude oil prior to transport. Stabilization technology is not a new concept and has been used previously in oil fields in other regions of the country and the world.

Schumer said that while North Dakota has attempted to address this issue on a state level, their regulations have not gone far enough. The North Dakota law requires that oil be stabilized to at least 13.7 pounds per square inch, a standard that the oil that caused a deadly explosion in the Lac-Mègantic disaster likely would have met.

Schumer said that because the oil in this disaster would have met this new requirement, it would have done little to prevent the disaster. Instead, Schumer said, the DOT and DOE must go even further. Schumer is asking these two agencies to work together to develop a standard for stabilization that would greatly reduce the risk of Lac-Mègantic-type disasters and require oil companies to follow it. Schumer said requiring that Bakken crude be stabilized prior to transport could help greatly improve safety.

The senator has long pushed for other key safety components in order to protect communities, including operational changes that enhance standards for new and existing tank cars, reduce train speed limits, and create reporting requirements so that first responder can be prepared in the case of a derailment or disaster.

Furthermore, in 2016 Schumer announced that, following his push, the DOT and DOE began collecting stakeholder comments and studying crude oil volatility as the first major step toward requiring oil companies to stabilize their highly flammable crude oil before shipping it by rail.

He highlighted that while that first step is important, USDOT and USDOE should not take their feet off the gas and should continue to advance the stabilization rule all the way through the regulatory process.

***For previous coverage about volatile products being transported across Genesee County, click here.

Plans in place to station school resource officers in Alexander, Pavilion, and Pembroke

By Howard B. Owens

By the fall, three deputies with the Sheriff's Office will become school resource officers in Alexander, Pavilion and Pembroke, so the County Legislature is being asked to add three new positions to the Sheriff's Office staff.

Sheriff William Sheron said the three deputies who will become SROs have been interviewed by their respective school districts and approved. He plans to announce their names next week after the Legislature approves the new positions and the contracts with the school districts.

The deputies will join Deputy Matt Butler, serving Byron-Bergen, and Deputy Chad Cummings at BOCES.

Pavilion has budgeted for a deputy serving as SRO for 12 months. Alexander and Pembroke, for 10.

The members of the Ways and Means Committee on Wednesday had questions about what happens with the SROs when school is out of session.

For BOCES and Byron-Bergen, there are events, as well as summer school, where the deputies' presence is possible.

In Butler's case, Sheron said the deputy will also build up a lot of comp time over the course of a school year, primarily from covering sporting events, and that Butler will take his comp time and vacation time during the summer. He will also work some road patrol and assist with Darien Lake security.

This will be the first summer for Cummings since becoming SRO at BOCES.

Each deputy will decide how to balance ongoing school needs, vacation and comp time during the summer, Sheron said.

In the case of the district's with only 10-month contracts, those deputies are more likely to wind up back on road patrol during the summer.

"Historically, both these schools that have them now, started off with 10 months but went to a whole year," said Legislator Gordon Dibble, former chief deputy for the Sheriff's Office. "I don’t think there is any reason these other schools won’t experience the same thing and eventually absorb that cost. I think it’s getting your foot in the door. It’s a lot easier to get your foot in the door for 10 and then add 12 after, from what I've seen."

Patrick McGee, principal at Byron-Bergen High School, attended Wednesday's meeting to discuss his school's experience with an SRO. He said Butler is more than a cop on the beat. He's a mentor, a positive influence, and a deterrent.

"He was at the prom," McGee said. "That’s the ultimate thing — no kids are going to come to the prom under the influence when you have a drug recognition expert. They know he’s standing right there. It’s not to scare them but it is a deterrent to certain behavior."

There's no price you can put on the safety of children, Sheron said, and such deterrence is invaluable.

"That’s the thing with deterrence," Sheron said. "You don’t know what you’re stopping. You’ll never know."

Photos: Kinderfarm dairy days

By Steve Ognibene

For the second year in a row, Reyncrest Farm held Genesee County's annual dairy days and yesterday 630 kindergarten students attended from various surrounding schools in the county. 

As technology changes, family farms adapt differently with land resources. Every two years a different farm gets rotated, said Shelly Stein of the Agricultural Farmland Protection Board for Genesee County. 

Family member Kelly Reynolds said the farm has 15 full-time employees plus six family members, who work with 1,200 milk cows plus 1,100 young stock consisting of calves and heffers around the clock seven days a week on the farm.  

Southside community comes together on Tuesday nights at St. Anthony's

By Howard B. Owens

On a Tuesday night, there is probably no place in Batavia with more positive energy flowing than St. Anthony's on Liberty Street.

The former Catholic Church property is now owned an operated by City Church and for more than a year, church leaders have been opening up the gym and community rooms for basketball, games, an art class, and dance lessons.

And everybody -- white, black, rich, poor, young, old -- is having a good time.

"We're just showing the love of Christ and reaching out in care and love," said Ryan Macdonald, who was running the events last night. 

Ryan is the son of Pastor Marty Macdonald of City Church.

When the doors open on Tuesday night, they're open to everybody, Macdonald said.

He's mindful of some of the issues faced by Southside residents, and some of the negative news about the community recently, including a recent murder on Central Avenue, just a block away, and he said that's why he and other volunteers are there.

"When you create a relationship with an open hand instead of a fist you can get a whole lot more done in a community," Macdonald said. "I think that we could all benefit from reaching out instead of demanding a certain set of rules, so that’s what we’re doing here."

At 7 p.m., all of the activities stop and everybody participating enters the gym for a short message and a prayer before food is served -- in this case, six giant sheet pizzas from Batavia's Original paid for by donations from local businesses.

After reading a Bible verse, MacDonald said, "Somebody asked me not long ago why do you do what you do on a Tuesday night. Here's my answer. The Lord said to those people who asked, 'we never fed you, we never clothed you, we never loved you.' He answered and said these similar words. 'When you did it for those other people, you did it for me.'

"That’s why we’re here tonight because I believe when I honor you, every person in this room, from the greatest among us to the least among us, when I’m honoring you, I honor God himself. That’s why I’m here tonight."

At that point, everybody in the room applauded.

Tying balloons to deer carcasses is apparently a thing

By Howard B. Owens

A State trooper is out with a vehicle on Route 33 just outside of the city and reports there is a person there tying balloons to deer carcasses.

A dispatcher chimes in, "I've seen a lot of that on social media."

UPDATE 4:18 p.m.: The trooper asks that somebody come out and remove the carcasses. "These deer have become quite the spectacle," the trooper said. He said school buses have stopped and other cars stop and look. The person he talked to wasn't there placing balloons but taking pictures.

UPDATE 5:48 p.m.: Photos added.

Customer-service workshop hosted by GC Chamber of Commerce is June 13

By Billie Owens

Press release:

“Customer Service that Wins Sales” will be the subject of the Genesee County Chamber of Commerce’s Small Business Workshop on Wednesday, June 13.

“Customer Service is the driving force in all of our businesses that can mean the difference between winning a sale and losing one”, said Tom Turnbull, president of the Chamber. “Customers today are pickier than ever and have more reach via social media, so it is imperative we keep them happy. Attend this workshop to learn more about how to win more and repeat sales.”

Among the subjects to be covered include tips to better serve your customer, how to win new customers with customer service, how to increase loyalty and repeat purchases and he importance of online customer service. Greg Lindberg of the Small Business Administration will conduct the workshop.

This is the one of a series of business workshops held in conjunction with the United States Small Business Administration and the Genesee County Chamber of Commerce. The workshops are open to all Chamber and non-Chamber businesses and their employees and will offer expert advice from experienced professionals designed to help small businesses succeed and grow.

The workshop will be held at the Chamber of Commerce office, 8276 Park Road, Batavia. The session will run from 7:45 to 9:15 a.m. and includes a question-and-answer period.

Cost for non-Chamber members is $10 for each attendee. Chamber members and Batavia Business Improvement District members may attend all small business workshops free of charge but should make reservations to insure space.

To reserve a seat in any workshop or for more information, contact Kelly Bermingham at 585-343-7440 or by email at kbermingham@geneseeny.com.

Law and Order: Rochester woman accused of drug possession after allegedly trying to steal vacuum

By Howard B. Owens

Kelly Lyn Widzinski, 35, of Reddick Lane, Rochester, is charged with criminal possession of stolen property, 4th, criminal using drug paraphernalia, 2nd, criminal possession of a controlled substance, 7th, and petit larceny. Widzinski is accused of trying to steal a vacuum cleaner from Target. During the investigation, she was allegedly found in possession of drugs and drug paraphernalia. Widzinksi was allegedly found in possession of stolen property unrelated to Target. She was jailed on $2,000 bail or $4,000 bond.

David W. Weadon, 31, of Telephone Road, Le Roy, is charged with: driving while ability impaired by drugs; driving while ability impaired by the combined influence of drugs; reckless driving; criminal possession of a weapon, 4th; unlawful possession of marijuana; consumption of alcohol in a motor vehicle; tailgating; failure to keep right; unsecured license plate; and unlawful stickers in windshield. Weadon was stopped by a Wyoming County deputy on Route 19, Covington, following a complaint about a vehicle being driven in an unsafe manner in the Town of Warsaw. Following the complaint and the deputy intercepted the vehicle and followed it. The deputy reported the driver was still operating in the same "aggressive" manner. During the traffic stop, Weadon was allegedly found to be drinking alcohol in the vehicle and in possession of an unlawful billy club. He reportedly failed a field sobriety test. He was evaluated for drug use and allegedly found to be impaired by multiple categories of drugs. 

Nicholas Peter Garbarini, 36, of East Main Street, Batavia, is charged with stalking, 4th. Garbarini was charged following a lengthy investigation into a series of incidents at Genesee County Mental Health. Garbarini was held without bail.

Jason Allen McFollins, of Union Street, Batavia, was arrested on a warrant. McFollins turned himself in. He is accused of failing to comply with a court-ordered program by missing a day of that program.

Ricky N. Porter Jr., 27, of Gilbert Street, Le Roy, is charged with aggravated harassment, 2nd. Porter was arrested on a warrant. He is accused of making alarming and threatening statements toward another person over the phone. He was jailed on $2,500 bail.

Raymond J. Radley, 52, of Liberty Street, Batavia, is charged with nine counts of criminal contempt, 1st. Radley is accused of violating a full stay away order of protection between February and May by repeatedly communicating with the protected party. He was jailed without bail.

John M. Carr, 21, of Rochester, is charged with unlawful possession of marijuana. Carr was stopped on the I-490 in Le Roy by State Police at 9:55 p.m. Monday.

Hannah S. Schreiber, 24, of Palmyra, is charged with obstructing governmental administration and disorderly conduct. Schreiber was arrested in connection with an incident reported at 7:22 p.m. Sunday on Alleghany Road in the Town of Darien by State Police. No further details released.

Photos: Special Olympics torch run through Batavia

By Howard B. Owens

Members of local law enforcement held their annual torch run from Elba to Batavia in support of the Special Olympics today, with a path that took them down Richmond Avenue to the Genesee Orleans Arc Community Center on Woodrow Road, Batavia, on their way to the Arc building on Oak Street, Batavia.

Vehicle off the road Brookville Road and Hunn, Alexander

By Howard B. Owens

A caller reports hearing a screech and looking out her window and saw a car off the road with steam coming from the engine on Hunn Road at Brookville Road, Alexander.

A deputy on scene reports a driver with a head injury but conscious and alert.

Alexander fire and ambulance responding. Units responding can respond non-emergency. Mercy EMS was dispatched but can go back in service.

UPDATE 1:22 p.m.: Alexander back in service. Patient sign off.

Man caught on Thruway with stolen, loaded handgun sent to prison

By Howard B. Owens

A former resident of Puerto Rico, Kentucky, and Indiana, with a pending serious felony charge in Indiana, who was just passing through Genesee County when he was caught with a stolen, loaded handgun, got little sympathy from Judge Charles Zambito yesterday.

The attorney for Alberto Santos, Michael Locicero, suggested his client might be a good candidate for a probationary sentence, but Zambito was skeptical that Santos would fulfill the terms of such an agreement.

He noted that on every one of the prior criminal cases for Santos in Kentucky and Indiana, a warrant had to be issued for Santos at some point when he failed to turn up in court at appointed times.

Santos pled guilty May 7 to charges of attempted criminal possession of a weapon, 2nd, and criminal possession of stolen property, 4th, and yesterday Zambito sent Santos to state prison for two years followed by three years probation.

A trooper arrested Santos after stopping him Feb. 4 for speeding on the I-90. He found a Sig Sauer Model SP2022 in the vehicle.

"I don't believe you didn't know the gun was stolen," Zambito said. "The fact you were driving 91 miles per hour with a loaded handgun on the Thruway says something about your character and your danger to the community."

Veteran with no prior criminal record given a chance to avoid prison on drug dealing charge

By Howard B. Owens
    Keith Kendrick

One of two men suspected of setting up drug-dealing operations in a residence at 133 State St., Batavia, entered a guilty plea yesterday and faces a maximum possible prison term of more than five years.

Keith R. "Sosa" Kendrick, 26, of Viola Drive, North Chili, an Army reserve veteran, entered a guilty plea to attempted criminal possession of a controlled substance, 3rd.

This is his first criminal conviction and he was released under supervision (RUS) of Genesee Justice. If he does well on RUS, he may be eligible for a probationary sentence and avoid prison if he continues to avoid arrests.

Kendrick was arrested along with Denzel T. Hall, 25, of Stenwick Drive, Rochester, and Donna M. Fidanza, 48, of State Street, Batavia, following an investigation by the Local Drug Task Force.

Hall is charged with two counts each of criminal possession of a controlled substance, 3rd. 

Fidanza, the resident on State Street accused of allowing drug sales in her home, is charged with criminal nuisance in the first degree.

Photos: Fourth grade track and field day at Van Detta

By Howard B. Owens

Yesterday, Batavia fourth-graders got a chance to try out various track and field events and demonstrate their athletic skills.

This is Nolan Ball.  He has a strong arm.  Three times he threw the softball at least 138 feet.

Cub Pack has a new flair to their troop

By Steve Ognibene

Last week on Memorial Day when she marched in her first parade with a boy lead troop, little did Emma McJury know she would get noticed and that the attention would have an impact on her new cub pack.

The 8-year-old (pictured above) is the first girl to register and join Cub Pack 6069 of Jackson School in Batavia. 

Emma was motivated by her sibling to come to meetings and learn more about Cub Scouts. She saw her brother participated in a meeting learning about police safety, building a pine wood derby car, overnight camping trips and will be attending summer resident camp in a couple months.

She’s really excited to do day camp and resident camp and being able to officially participate in activities, said her mom Justine McJury.

Her favorite activity is camping and outdoor-related activities such as hiking, fishing and nature observation.

Her goals are to introduce more girls to the program so they can enjoy scouts and all the great activities that are offered as much as she does. Since she found out that girls could join scouts, she has been asking her friends if they want to join with her and has been encouraging them to do so.

The pack meets on Mondays from 6:30-7:30 p.m., meetings run from September through May at Jackson School.

The pack is having a meet-and-greet activity, putt putt / ice cream social on Saturday June 16th at noon at Terry Hills Golf Course, located at 5122 Clinton Street Road, Batavia.

Costs are minimal to attend. If interested in coming to the activity or to join the pack contact, Anthony Merica, cubmaster, at 813-7485.

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Gypsies may be working a distraction scam in the area

By Howard B. Owens

A recent theft of cash, jewelry, and prescriptions from a home on Batavia Elba Townline Road and another attempted similar burglary on Indian Falls Road over the weekend has gotten the attention of the Sheriff's Office and Chief Deputy Jerome Brewster says local residents should be on the watch for Gypsy scammers in their neighborhoods.

In the Townline Road case, a dark-skinned man came to the front door of a 96-year-old resident and said he was there to investigate a problem with a telephone line behind the house.

When the resident and the visitor went behind the house, two other people, who had apparently been hiding in the car, entered the house and stole items.

In the case on Indian Falls Road, a person knocked on the door and said he was there to see about cutting down some trees behind the house.  Somehow, he talked the resident into walking behind the house. At which point, at least one person entered the residence. In that case, nothing was stolen.

In both cases, the visitors arrived in a white Kia. The Kia is missing a front plate and likely has an out-of-state back plate.

Brewster said the operation matches a well-known scam run by Gypsies who pass through the area occasionally. He said they are most likely staying at a motel in a neighboring county. They don't usually stay in the county where they are conducting their scams.

They will approach residents, usually elderly residents, with any number of stories to try and talk the resident into walking to the back of the house so confederates can enter the residence and make off with whatever valuables they can easily grab.

While there have been no reports of similar crimes in the city, he said city residents should be vigilant for people who try to talk their way into basements.

He said he isn't sure how the Gypsies select their victims -- whether they case neighborhoods beforehand to identify elderly residents or if they acquire names and addresses online.

Brewster said residents who observe suspicious activity at a neighbor's house, such as one person going to the door and then going into the backyard, followed by two more people getting out of a car and entering the front door -- call the police.

Batavia CTE precision machining and welding students celebrate end of school year, get awards tonight

By Billie Owens

Mike Pribanich from NYMAT Machine Tool Corporation, works with William Hammond, a Precision Machining student from Caledonia-Mumford High School, on the Haas TM-1P control machine in the Precision Machining shop at the Batavia Career and Technical Education (CTE) Center.

Submitted photo and press release:

Batavia Career and Technical Education (CTE) Center Precision Machining and Welding students celebrated the end of the school year with a visit with representatives from area manufacturing businesses.

The goal of the event was to introduce students to potential employers and for students to learn of the many career opportunities available in the manufacturing industry.

Lars Christensen, from Autodesk, a multinational software corporation that makes software for the architecture, engineering, construction, manufacturing, media, and entertainment industries, attended the event and spoke with students.

“I came to the United States in 1999 from Denmark and worked as a mold maker at a manufacturing facility in Rochester, New York," Christensen said. "I moved into the software industry and today I work for Autodesk, one of the biggest CAD-CAM companies in the world.

There are many prospects in this industry that students can pursue. I hope to encourage these students to do that.”

Erik Schwenzer works for NYMAT Machine Tool Corporation, a Haas Factory Outlet. He also attended and met with students.

“We are looking for summer employees as well as summer interns," Schwenzer said. "We like to be involved with the schools as much as possible because there is a real shortage of workers and many jobs are available in the manufacturing industry.

"Manufacturing is a great business that offers a host of opportunities. You make a very successful living and we need to show this to students.”

At the event, Christensen announced that he is funding a scholarship for Precision Machining and Welding students called the Master Manufacturing Scholarship. This scholarship will be presented tonight at the Batavia CTE Awards Night (June 5).

“This $500 scholarship will be presented to a student who is pursuing a career in the manufacturing industry or who is furthering his or her education.  It can be used by the student for educational purposes or to purchase tools or whatever the student might need to be prepared for work,” Christensen said.

About CTE

The Batavia Career and Technical Education Center is a program of the Genesee Valley Educational Partnership. The Partnership operates as a Board of Cooperative Educational Services offering shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

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