Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at (585) 815-9003. For further questions regarding Workers' Compensation Law or to contact Dolce Panepinto: click here.

 

Press release:

The Centers for Disease Control and Prevention (CDC) is recommending that certain populations receive a booster shot of the Pfizer COVID-19 vaccine at least six months after the completion of their Pfizer vaccine primary series (two doses). In addition, the CDC recommends that individuals that are in high-risk occupational and institutional settings should also receive a booster shot of the Pfizer vaccine.

Based on these recommendations, the following groups should receive a booster shot of the Pfizer vaccine at least 6 months after completing their Pfizer vaccine primary series:

• People 65 years and older
• Residents in long-term care settings 
• People aged 50 to 64 with certain underlying medical conditions

The following groups may consider receiving a booster shot of the Pfizer vaccine at least 6 months after completing their Pfizer vaccine primary series, based on their individual benefits and risks:

• People aged 18 to 49 who are at high risk for severe COVID-19 due to certain underlying medical conditions
• People aged 18 to 64 who are at increased risk for COVID-19 exposure and transmission because of occupational or institutional setting

Genesee and Orleans County Health Departments (GO Health) are promoting booster shots to those that are eligible beginning the week of October 4th.

“We are prepared to provide booster shots to eligible residents who received their second dose of the Pfizer vaccine six months ago, stated Paul Pettit, Public Health Director for GO Health. “COVID-19 vaccines are safe and effective and this will help provide these individuals with the extra protection needed against COVID-19.”

Appointments are required for Booster shots. Individuals will self-attest that they fall under one of the above categories to receive a booster shot. At this time, boosters are only recommended for those who have received the Pfizer vaccine for their primary series. The CDC is continuing to evaluate the data to make recommendations for those that received Moderna and Johnson & Johnson for their primary vaccine series.

Wednesday 10/6

12:45pm - 3:30pm

 

Genesee County Health Dept.

3837 W Main Street Rd

Batavia, NY 14020

J&J: Walk-ins & Appt.

http://bit.ly/JanssenGenesee

 

Moderna: Walk-ins and Appt.

http://bit.ly/Moderna1Genesee

 

Pfizer Walk-ins and Appt.

http://bit.ly/Pfizer1Genesee

 

Pfizer Booster: Appointment required https://bit.ly/GeneseePfizerBooster

Thursday 10/7

12:45pm - 3:30pm

Orleans County Health Dept. 14016 State Route 31

Suite101

Albion, NY 14411

J&J: Walk-ins and Appt.

http://bit.ly/JanssenOrleans

 

Moderna: Walk-ins and Appt.

http://bit.ly/Moderna1Orleans

 

Pfizer Walk-ins and Appt.

http://bit.ly/Pfizer1Orleans

 

Pfizer Booster: Appointment required

https://bit.ly/OrleansPfizerBooster

“We also encourage anyone who has still not received their primary series of a COVID-19 vaccine, to do so and to talk with their primary care provider with questions related to the vaccine,” stated Pettit. “Everyone should also continue to practice the public health prevention precautions detailed below.”

• Avoid touching your eyes, nose and mouth with unwashed hands.
• Wash your hands often with soap and water.
• If water is not readily available, use hand sanitizer, containing at least 60% alcohol.
• Wash and sanitize frequently shared/touched items.
• Stay 6 feet away from others and avoid close contact with people who are sick.
• Avoid crowds and poorly ventilated spaces.
• Wear a face mask indoors in public and crowded outdoor settings.
• Monitor your health daily and stay home if you are experiencing any symptoms.
• Get tested if you are experiencing symptoms and self-isolate until you get your results back. If you test positive for COVID, you are to isolate for 10 days.

For more information on the COVID-19 vaccine, booster shots or to make an appointment, visit https://gohealthny.org/covid-19-vaccine-information/.

            For COVID-19 updates, visit https://gohealthny.org/emerging-issues/.

Tylur Tyshawn Harper, 27, of Byron Holley Road, Byron, is charged with criminal mischief 3rd and criminal obstruction of breathing. Harper is accused of breaking the rear window of a vehicle and applied pressure to the throat of another person during a disturbance at a location on Swamp Road in Byron at 10:42 p.m., Wednesday.  Harper allegedly fled the scene on foot following a traffic stop by Deputy David Moore and was later located by Sgt. Mathew Clor and Trooper Ruckdaschel and Trooper Serio  on Byron Holley Road with the help of tracking from  Swamp Road by Batavia PD Officer Stephen Quider and K-9 "Batu."  Harper was arraigned in Town of Batavia Court with an order of protection issued.  Harper was released on his own recognizance.

Elizabeth Christine Lambert, 26, of Swamp Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Lambert was stopped at 10:42 p.m., Wednesday, on Swamp Road, by Deputy David Moore.

Wendy Marie Rivera, 56, of Redwood Avenue, Albion, is charged with stalking 4th and harassment 2nd. Rivera is accused of stalking and harassing another person while following that person in a car on Clinton Street Road in Stafford.  Rivera was located and arrested by Deputy Kenneth Quackenbush.

Press Release:

Botts-Fiorito Post #576, American Legion, LeRoy, would like to announce with great pride and pleasure, Ed Henry as its selection for the 2021 “LeRoyan of the Year Award.” The award recognizes people who demonstrate the following qualifications and attributes:

• The man, woman, or child who exemplifies the true spirit of Americanism, its ideals, love of the flag, and country, regardless of race, creed, or color.
• Good citizenship – by carrying out these principles, often beyond that expected of him or her.
• Service to the community – signified by excellence in the life of purpose and accomplishment.

Ed, a longtime resident of LeRoy, currently lives in Williamsville, NY with his wife, Karen. He’s a member of the LeRoy High School Class of 1976 and earned Bachelor’s and Master’s degrees in Education at nearby SUNY Brockport in 1980 and 1983, respectively.  Ed is now retired after 38 years at Eastman Kodak.

Ed started his long list of volunteering for the LeRoy Jr.-Sr. High School by doing Stats for the Varsity Football team, and started the Leroyfootball.com website.  Currently you can often see Ed at many sporting events of LeRoy Jr-Sr. High School photographing, from football, basketball, wrestling, softball, baseball, track, and cheerleading.  You can then find all those pictures on the “Le Roy Oatkan Knights Football” Facebook page (with some 850 members), the “Le Roy Oatkan Knights Basketball” Facebook page, and the “LeRoy N.Y. Then and Now” Facebook page (with some 6000 members), which he started and maintains.  Ed is also active with the LeRoy Sports Hall of Fame where he actively manages it website. 

Ed opened his a garage to athletes for off-season weight training, offering supervised lifting sessions 4 days a week.  He helped the athletes learn to stay on task, help one another, mature and give back to the LeRoy community. In seeing a need in the new weight room at school donated dumbbells, kettlebells, and standalone and safe modular equipment to the LeRoy Jr. Sr. High School to improve its weight room. 

Ed’s digital footprint is seen by thousands every time he posts positive stories, images, and videos of the high school students and community.

If you are wondering what Ed does in his spare time, he is very active working at the Machpelah Cemetery in LeRoy. He can be found March through November, cleaning the 25 acres of the cemetery, this involves leaf blowing, raking, pitchforking, weed-whacking, branch removal, and the subsequent dumping of this tremendous amount of debris. He has utilized family, friends, and high school athletes to help in these cleaning projects, teaching youngsters to show respect for the lost lives and to freely give back to the community. 

Ed is also a valued helper and supporter of the LeRoy Historical Society, busily scanning and shooting photos from the Society’s archives (LeRoy Gazette and LeRoy in 1940 collection) to create retro features to share with LeRoyans around the globe.

To honor Ed, the 52nd annual LeRoyan of the Year Award Dinner will be held on Saturday, October 23, 2021. Social hour is at 6:00 PM with dinner served at 6:45 PM, at the American Legion at 53 West Main St, LeRoy.

A limited number of tickets will be available starting on Oct 1, 2021, at the American Legion after 4:00 PM, at Mickel’s Nickels at 80 Lake Street, LeRoy, from 9:00 AM to 5:00 PM, Mon - Sat. or by calling Joan 585-721-7801. The cost is $25.00 per ticket (check or cash only).
 

Vaccination rates for United Memorial Medical Center employees are right around the 90 percent mark as hospitals and other facilities around the state contend with Gov. Kathy Hochul’s Sept. 27^th mandate requiring health care workers to get vaccinated or risk losing their jobs.

According to statistics on the New York State COVID-19 vaccine website -- www.covid19vaccine.health.ny.gov, 94 percent of workers at UMMC’s Bank Street campus have been vaccinated compared to 89 percent at UMMC’s North Street campus.

UMMC is part of Rochester Regional Health System, which is showing a 90 percent vaccination rate for all of its employees – a percentage point less than data for Strong Memorial Hospital University of Rochester Medical Center.

(Watch for an update later today).

The percentage of hospital workers vaccinated in the Finger Lakes Region is 90 percent, with Genesee and Orleans counties at 89 and Wyoming County at 90.

These figures are calculated from the number of hospital staff eligible for vaccination and the number completing the recommended series of a given COVID-19 vaccine product (e.g. 2 doses of the 2-dose Pfizer or Moderna vaccine or 1-dose of the 1-dose Johnson & Johnson vaccine), per the state website.

Statistics for nursing homes and assisted living facilities reveal the following for Genesee County (as reported by the individual facilities as of Sept. 27):

Nursing homes:

• Le Roy Village Green – Residents’ complete dose: 92.7 percent; Staff complete dose: 83 percent.
• Premier Genesee – Residents’ complete dose: 90.3 percent; Staff complete dose: 92.4 percent.
• The Grand – Residents’ complete dose: 91.4 percent; Staff complete dose: 90.7 percent.

Assisted living:

• Genesee Adult Home – Residents’ complete dose: 94.5 percent; Staff complete dose: 72.7 percent.
• Le Roy Manor -- Residents’ complete dose: 97.2 percent; Staff compete dose: 92.3 percent.
• The Manor House, Batavia – Residents’ complete dose: 100 percent; Staff compete dose: 93.6 percent.

Calls seeking comment from the administrators at the nursing homes listed above were not returned at the time of the posting of this story. Samantha Vagg is the administrator at Le Roy Village Green, Sharon Zeams is the administrator at Premier Genesee and Timothy Srye is the administrator at The Grand.

All told in Genesee County, skilled nursing facilities vaccination rates as of Sept. 28 were 94 percent for residents and 90 percent for workers and adult care facilities vaccination rates as of Sept. 28 were 97 percent for residents and 87 percent for workers.

REPORT FROM GOV. HOCHUL

On Wednesday, Hochul said that 92 percent of hospital and nursing home workforce have gotten at least one dose of a Covid vaccine, and 89 percent of adult care facilities employees have received at least one dose.

Based on total number of hospital employees in the state, an 8 percent unvaccinated rate equates to more than 41,000 who have not received at least one dose. As a result, the governor’s staff is monitoring the impact of her mandate, with the possibility of bringing in health care workers from out of the state or even from other countries.

The Genesee County Legislature, along with about seven other counties in the region, has sent a letter to the governor asking for her to include a coronavirus testing option for health care workers.

“I fully support the legislature’s position … to ensure that we didn’t have any lapse in service,” County Manager Matt Landers said today. “It’s a common sense, logical approach to the situation at hand. Obviously, we’d like to see as many people vaccinated as possible, but at the end of the day, we can’t jeopardize the care of our sick and our elderly because of the mandate.”

DATA FOR GENERAL PUBLIC

Latest statistics (as of Sept. 29) also show that 56.1 percent of Genesee County residents age 12 and over are fully vaccinated, which is less than the 63.6 percent for all New York state residents.

By zip code (as of Sept. 28), these are the percentages of those fully vaccinated:

• Batavia – 50.4
• East Bethany – 38.8
• Alexander – 44
• Basom – 44.4
• Oakfield – 45.3
• Byron – 48
• Corfu – 49.6
• Darien Center – 51.1
• Pavilion – 53.8
• Bergen – 55.3
• Le Roy – 56.5
• Stafford – 65.5
• Elba – 73.6

In the Finger Lakes Region, the total number of people with at least one vaccine dose has increased over the past week by 7,695 to 760,752, and the total number of people with the complete vaccine series has increased over the past week by 5,590 to 706,944.

BOOSTER SHOT STATUS LOCALLY

Nola Goodrich-Kresse, public health educator, reported that the Genesee Orleans Health Department has set up clinics for those eligible for booster shots, beginning next week.

“Boosters are offered during the regular clinic day with the only difference being registration is required for boosters,” she said.

The booster shot schedule, for those 65 and older who became fully vaccinated with the Pfizer vaccine at least six months ago:

• Oct. 6 from 12:45 to 3:30 p.m., Genesee County Health Department, 3837 West Main Street Rd., Batavia;

• Oct. 7, from 12:45 to 3:30 p.m., Orleans County Health Department, 14016 State Route 31, Suite 101, Albion.

These shots are administered by appointment only.

Press release:

Western Region Off-Track Betting (WROTB) President and CEO Henry Wojtaszek was joined by Batavia Downs employees to present the Make-A-Wish Foundation with a $4,500 check to help support the incredible work they do by fulfilling the dreams of Western New York children.

“One of the best aspects of the work we do is being able to give back. The team at Batavia Downs and Western OTB is always looking for creative ways we can help leaders of the community,” Wojtaszek said. “We could not be more proud to help ‘Make-A-Wish’ in any small way to make the dreams of young Western New Yorkers a reality.”

Throughout Batavia Downs’ massively successful Rockin’ The Downs Summer Series, volunteers from Make-A-Wish worked a chair-rental booth.   The chairs were purchased by Batavia Downs and adorned with the Make-A-Wish logo and a positive message written on the back.   The message reads:  “The person sitting in this chair is helping to transform lives.”  A portion of proceeds from chair rentals, koozies and glow jewelry are what make up the check given to Make-A-Wish today.

“We are incredibly grateful for our partnership with Batavia Downs and the opportunity to raise awareness and crucial support at the ‘Rockin’ the Downs’ concert series,” said Ben Marchione, Regional Director, Make-A-Wish® Western New York.  “Our area children fighting critical illnesses need the hope, strength, and transformation a wish can bring now as much as ever and Make-A-Wish is thankful for the generous support of Batavia Downs and all those in attendance this summer.”

Photo: Submitted photo.  Ben Marchione, Connie Czworka, and Henry Wojtaszek.

Press release:

The Asbury Road Bridge, north of Harris Road in the Town of Le Roy will be closed beginning Monday 10/4/2021 for bridge repairs. This project is expected to take six weeks. During this time the road will not be passable to regular traffic or emergency vehicles.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) announced today that he will be holding outreach office hours within his district during the months of October, November and December. During these outreach office hours, residents will have the opportunity to meet with members of his staff to discuss their concerns regarding state government and local issues. 

Genesee County office hours will be held at Genesee Community College in Room T124 from 1:30 p.m. to 3:30 p.m. on Oct. 7, Oct. 28, Nov. 18, Dec. 2, and Dec. 16. 

“I’m eager to use these outreach office hours as an opportunity to get input from constituents on issues they’d like to address who aren’t able to make it out to our main district office,” said Hawley. “With everything that has occurred within our government and in society at large throughout the last year, I look forward to hearing about the concerns of residents during these unprecedented times.”

If residents wish to schedule an appointment with Assemblyman Hawley personally, they can do so by calling his main office at 585-589-5780.

If not for a flooded basement many years ago, today’s grand opening of Ellicott Place and City View Residences at 45 Ellicott St. likely would have never taken place.

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

For a look at the apartments, click on the link at the bottom of this story.

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

Speaking to a gathering of about 40 people in front of the entrance to the second-floor apartments above the Save-A-Lot store, Vito Gautieri, founder and chairman of VJ Gautieri Constructors Inc., recalled circumstances that took place not long after the completion of the building in 1968.

“We built this building … owned it with the bank,” Gautieri said. “Montgomery Ward had a 25-year lease when we got done with this. What you see upstairs – the second floor – that was not supposed to be there.”

Then, he pointed to a car parked to the west, in an area toward the front of Batavia Tailors & Cleaners, which his company built and his late brother, Vin, owned for many years.

“That (location of the Montgomery Ward storage and warehouse) was supposed to be in the cellar (of this building). All of a sudden we came back after the weekend (and it was) like a pool – full of water,” he said. “We had pumps going for hours and days, and nothing.”

Gautieri said an engineer was called to inspect the damage.

“He comes over. We had to stop construction. In a week’s time, they had the second floor up,” he continued “That’s why this project … From the day one that I got this project, I knew we were going to do something with that on the second floor.”

After noting that his son, Victor, had thanked all those associated with the completion of one of the City of Batavia’s Downtown Revitalization Initiative ventures, he said, “That without the help from New York State, this would never had been possible.”

Indeed, Victor Gautieri, company president, moments before did thank the people and agencies that contributed to the construction of 10 apartments on the second floor along with the development of first-floor storefronts and building-wide façade improvements. It is a $3.1 million project, supported by $1.15 million in DRI funding.

“VJ Gautieri Constructors with the help of governmental agencies, professionals, contractors, skilled workers and the like have given new life to an aging building,” Victor Gautieri said. “It wasn’t an easy task. We started the project in the middle of a pandemic, which created a lot of obstacles. Supply chain issues and cost increases forced us to re-evaluate nearly every aspect of the project on a daily basis.”

He pointed out that his team “was up to the task – upgrading and modernizing nearly aspect of the property as well as creating 10 well-appointed, elevator-serviced apartments that are filling the downtown Batavia housing need.”

“We currently have eight of those apartments rented and the other two will be rented very shortly.”

Victor Gautieri’s “thank you” list started with his father, “who through his forward thinking many years ago had a vision of the building’s transformation (drawing a round of applause).”

“Next is David Rowley, project manager, through his dedication, expertise and problem-solving that we were able to make it to the finish line,” he said.

He also commended Dan Seeler of Seeler Contracting, Inc., of Holley, and Lenora Page, owner, Flower City Monitor Services, for their efforts, as well as his wife, Julie, and sister, Valerie, for assisting with the interior décor and rental process, respectively; Mark Dean of Dean Architects, and Frank Cipriano of Upstate National Bank.

Victor Gautieri thanked the City of Batavia for “an excellent job” preparing the DRI grant application, to the Genesee County Economic Development Center for providing "much needed: financial assistance, and John Hedlund, owner of Save-A-Lot for his “continued commitment to downtown Batavia,” noting that Hedlund just renewed a long-term lease.

Other speakers included Assemblyman Steven Hawley, Senator Edward Rath, City Council President Eugene Jankowski Jr. and Genesee County Legislature Chair Rochelle Stein. Batavia Development Corp. Director Brett Frank facilitated the proceedings.

Assemblyman Hawley:

“All you have to really do is look around, behind you and to your left and right, and this is downtown Batavia. And we’re here to talk about revitalization – not just for businesses but for great living, affordable apartments that the Gautieris have worked long and hard to see come to fruition.

“Affordable housing is extremely important for businesses to be able to survive and succeed, and today’s open house is going to be a step in the right direction. If you’re looking for clothing or (prescription) drugs or insurance or banks, there are lots of places to choose from. And the folks who live here and other places in downtown Batavia will be the benefactors of living right here in the beautiful City of Batavia.”

Senator Rath:

Noting that eight of the 10 residences are already rented, he said, “That goes to show you that is already a destination right here in the City of Batavia.”

“This is the hub of economic activity and investment that is happening right here in the great City of Batavia. (On a tour of the city with City Manager Rachael Tabelski), he was able “to hear first-hand the vision and the strategy and the approach to bringing the City of Batavia further along in the 21^st Century."

“This is a tremendous investment for this community. This is where you want to have people living and working and spending their time and recreation is right here in the City of Batavia.”

Rath said he serves on the Cities II Committee in the State Senate.

“There used to be just one Cities Committee and you can all guess where all the attention was paid for the Cities Committee in New York State. It was New York City. That’s all they did was prioritize policies and legislation to benefit New York City.

“This year, we brought about the Cities II Committee to focus on and prioritize all of the other cities across New York State. We are going to carry the issues, needs and concerns of all of our upstate cities back to Albany to create policies, procedures and regulations that are city-friendly outside of … New York City.”

City Council President Jankowski:

“It’s no secret that this building needed to be repurposed for many years, and it’s going to have a serious positive economic impact on our community. But not only that, it’s going to create 10 homes for people that can live downtown and enjoy the benefits of living downtown. The fact that eight apartments are already rented so quickly is a sign that we need more of these type of apartments in our community.”

Mentioning that he lives on the city’s southside, he acknowledged Victor Gautieri’s perseverance through the COVID-19 pandemic, and said, “I’m proud to go by everyday and I smile when I see the transformation that took place.”

Legislature Chair Stein:

Thanking the Gautieri family, she drew a round of applause when saying that “family business today is important in Genesee County and we honor you and your work today.”

She also thanked the DRI committee members for their hard work and “the constant conversations that you had to ensure that these projects would make it through and actually get through to completion. Your work is most incredible and you saw the future that is here today.”

“For the rest of us, the City View (Residences) is an absolutely wonderful name because there will be sunrises and there will be sunsets that people have in their homes – and homes that people didn’t have before. They are our workforce. These are the folks that are putting down roots in Batavia and congratulations to all of them.”

Photo at top: Taking part in the ribbon cutting at City View Residences are, from left, Vito Gautieri, David Rowley, Victor Gautieri, Senator Edward Rath, Assemblyman Steven Hawley, Lenora Page and Eugene Jankowski Jr. Photos at bottom: Vito and Victor Gautieri as Rath and Jankowski look on; Rath at the podium. Photos by Mike Pettinella.

Previously: A first look: City View Residences (aka Ellicott Place) on the second floor of Save-A-Lot building

Click here to visit our Facebook page or order food online.

Press release:

Today, Torrey Farms, a member of the Grow NY Farms Coalition, welcomed state officials to tour their 13,000-acre property. Officials discussed the industry with farmers and farmworkers and heard about the potential impacts of lowering the overtime threshold from 60 hours to 40. The overtime threshold was determined by the 2019 Farm Laborers Fair Labor Practices Act and is in danger of being decreased further, threatening farmers and farm workers alike. Elected officials had the opportunity to see the real implications of a lowered threshold and speak with the farmworkers and farmers who will be directly affected by this change.

“Our land, workers and produce feed families across New York State as well as the Eastern United States and have done so for twelve generations. This year’s harvest is no different. However, if the threshold is lowered, many locally-owned farms will not be able to say the same next year. The compromise of 60 hours reached in 2019 must be maintained. A decreased threshold will dramatically alter the agriculture industry as well as farmworker family income in New York State and decision-makers need to listen to the men and women of the industry they are looking to protect, “said Max Torrey, Torrey Farms.

"Our farm runs 24 hours a day 7 days a week. There is always work to be done when it comes to animal care and we are often presented with obstacles that we cannot predict including inclement weather and breakdowns. Employees want to work on New York dairy farms because they have a passion for agriculture, they take pride in knowing that their work has to get done because the animals are counting on them. They also seek out dairy farm work because they can earn a good living working at least 60 hours a week to support their families. We have employees who have been with us for over 10 years. They want to work here, and we can't afford to lose them. Our businesses and our consumers rely on them. We're urging our legislators and Governor Hochul to maintain the current overtime threshold so we can retain our team, and continue to be competitive in the regional and global marketplace," said Keith Kimball, Owner of La Casa de Leche Farm and Red Maples Dairy, NEDPA Board Vice-Chair.

“New Yorkers have grown accustomed to a wide variety of local produce at their fingertips, especially this time of the year during the fall harvest. However, we are at risk of losing our vibrant fruit farms if the overtime threshold is lowered. We simply can't compete against lower-priced fruit from neighboring states and Canada. If the wage board moves to 40-hours, we have plans to remove trees and transition to less labor-intensive crops. New York State must maintain the 60-hour overtime threshold and protect New York agriculture, farmworker jobs and our food supply,” Jim Bittner, Bittner-Singer Orchards located in Niagara County, NY.

Prior to the adoption of the 60-hour overtime threshold, the industry standard for farmworkers was 80 hours during peak season⁠—a well-established concept amongst farmworkers and farmers whose industry is reliant on labor-intensive harvesting. Although influenced by downstate activists unfamiliar with the agriculture industry, the threshold of 60 hours served as a compromise, despite objections from farmworkers who want as many hours as possible. Farmworkers, many of whom come from other countries to work seasonally, benefited from the long weekly hours in order to make a projected income to return home with. Currently, farmers are at risk of not being able to afford their workers at all with the potential for an even more onerous overtime threshold. Tours like today’s provide the opportunity to educate elected officials and key stakeholders about the agriculture industry and how the proposed policy change with drastically harm the industry.

Later this year, the New York State Wage Board will revisit the 2019 Farm Laborers Fair Labor Practices Act’s 60-hour overtime threshold for farmworkers and determine if an adjustment to 40 hours will be necessary. For more information on the group’s efforts, please visit https://grownyfarms.com/.

Video Produced by The Batavian

More than 700 students from throughout the GLOW region -- including students from every high school in Genesee County --  participated Tuesday in GLOW With Your Hands at the Genesee County Fairgrounds.

The event gives students a chance to experience a variety of trades including, bricklaying, carpentry, electrical, mechanical, and various forms of manufacturing.  

Among the 40 companies participating wereOxbow, Liberty Pumps, and O-AT-KA Milk.  Major sponsors included LandPro and Genesee Construction.

Photos by Steve Ognibene

To view or purchase pictures, click here.

Robert C. Paris, 31, of West Lee Road, Albion, is charged with felony DWI,  moving from lane unsafely, aggravated unlicensed operation, refusal to take a breath test, and leaving the scene of a property damage accident. At 11:40 p.m., Tuesday, deputies were dispatched to a residence on  Downy Road in the Village of Oakfield for a possible domestic dispute. While en route, deputies were notified that a male suspect had fled the incident location in a vehicle and was heading south on South Pearl Street.  A few minutes later, Deputies located a vehicle that had crashed into a utility pole and had come to rest in a field. The driver had left the scene.  After an investigation, deputies Zachary Hoy and David Moore arrested Paris. He was also charged with no or inadequate lights and speed not reasonable and prudent. He reportedly has two prior DWI convictions in the past 10 years. He was arraigned in Town of Batavia Court and issued an appearance ticket.

Erik Robert Motquin, 39, of West Main Street, Batavia, is charged with petit larceny. Motquin is accused of switching price tags on items at Walmart in order to pay less for certain items. He was issued an appearance ticket.

Joshua Edward Wayne Sager, 31, of Washington Avenue, Batavia, is charged with DWI, Aggravated DWI (child passenger), aggravated unlicensed operation, endangering the welfare of a child, and running a red light.  Sager was stopped at 10:22 p.m., Sept. 18, on Veterans Memorial Drive, Batavia, by Deputy Trevor Sherwood.

Genesee Region USBC league bowlers are back on the lanes and, if the first four weeks of the season are any indication, there will be plenty of honor scores this season.

Bowling center proprietors and managers have reported six 300 games, with three of them coming at Mount Morris Lanes.

Bowlers reaching perfection thus far are as follows:

• Sept. 8: Rodney Jopson, Wednesday Men's Handicap, Rose Garden Bowl, Bergen;

• Sept. 8: Duane Barrett, Wednesday Night Classic, Mount Morris Lanes;

• Sept. 18: Dave Lohmer, Saturday Night Mixed, Mount Morris Lanes;

• Sept. 22: Chris George, Wednesday Night Classic, Mount Morris Lanes;

• Sept. 23: Mike Bramer, Thursday Night Intertown, Letchworth Pines, Portageville;

• Sept. 24: Curtis Foss, Rick & Morty Doubles, Oak Orchard Bowl, Albion.

For a list of high scores last week, click on the Pin Points tab at the top of the home page.

Just Listed: 6457 Mill Pond Road, Byron. The affordable country ranch you have been waiting for! This solid home has great space, new furnace 2020, large living room and a great walk out basement!    Needs some updating but overall good condition! The yard is amazing - home sits up and back from the road, on the corner and oversees a nice quiet country road. Besides the attached garage, there is a nice little barn for all your extra storage or hobbies. Definitely take a look at this one! Call reliant Real Estate today - call 595-344-HOME (4663). Delayed negotiations until 9/30 at 12:00. Click here for more information on this listing.

Press release:

The Jerome Foundation is seeking nominations for the Health and Humanitarian Award of Genesee County.

This will be the 38th year the award has been presented.  The first award was presented to Dr. Sydney McLouth. Award winners for the past four decades have included health care workers, builders, teachers, and many community volunteers.

The award recognizes outstanding men and women whose volunteer efforts have improved the physical, emotional or spiritual well-being of the greater Genesee County area.

“We are fortunate to have many caring and committed volunteers devoted to the sick or to those in need, and helping build a stronger, healthier community for all of us,” said Justin Calarco-Smith, president of The Jerome Foundation.  

Nomination forms are available on-line at www.thejeromefoundation.org or by calling 585-356-3419.  Organizations or individuals may nominate candidates.  Consideration will be given to actual accomplishments achieved through volunteer service and subsequent improvements to quality of life.  Nominations should be submitted on or before October 10.

The 2021 award winner will be honored at a luncheon on Friday, December 3 at Terry Hills Restaurant.

Click here for more information!

Update: 9:00 p.m., Sept. 28

Sean Downing, chief of the Oakfield Volunteer Fire Department, left a phone message stating that he is "hopeful that both parties can come and resolve their differences before the November 30th deadline."

"If not, then by written order of the mayor or the board of trustees of the Village of Oakfield, we will not be able to respond into the town, which includes the elementary and the high school -- and that is per consulting with our attorney, Mark Butler."

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Update: 5:50 p.m., Sept. 28

Oakfield Town Supervisor Matt Martin called back to The Batavian, but didn't not want to elaborate other to say that the matter is in the hands of the town's attorney.

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The Village of Oakfield is preparing to take legal action against the Town of Oakfield – as well as threatening to withhold fire protection – if the town does not pay the nearly $80,000 it owes to the village as directed by a longstanding joint municipal agreement for such services.

That’s the message conveyed by Village Mayor David Boyle during an interview on Monday with The Batavian.

Boyle said a letter articulating the village’s position is being included in residents’ water/sewer bills this week.

The mayor said the dispute centers upon the town’s refusal to pay $78,648 owed to the village for the 2020-21 fiscal year ending May 31.

Contending that the town is “holding the village hostage” in hope of renegotiating the shared services arrangement, Boyle said the village board has instructed its attorney to file a lawsuit to recover the 2020-21 payment. He also said the town has yet to pay for the first three months of the 2021-22 fiscal year.

The letter, which also is signed by Deputy Mayor John Igoe and Trustees Michael Cianfrini, Michele Graham and John Mullen, states, in part:

“The Village Board is united in recognizing that the village cannot burden village residents and businesses with providing fire protection to the town without reimbursement. Therefore, the board has directed a letter be sent to the Town stating that effective Nov. 30, 2021, the Village will no longer be able to provide fire protection to the Town with the exception of the Oakfield-Alabama Central School.”

Boyle said the village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street.

“The town buys services (coverage) from us,” he said. “For years and years, we’ve had an agreement with the town about purchasing fire protection from the village. For as long as I remember, there have been contracts in place that basically are the same structure year after year after year.”

The current structure has the village paying 42 percent of the cost and the town paying 58 percent. Boyle said that the town is looking for a 50/50 split.

While that may seem equitable on paper, Boyle said, when broken down by assessed valuation, village residents pay $1.62 per $1,000 of assessed value in taxes while the town residents pay 60 cents per $1,000 of assessed valuation in taxes.

“Our village residents have to work twice as hard to pay their bill, yet the town is saying we don’t find what you’re charging acceptable and we want to move some of that cost over to the village,” Boyle said. “They’ve held back the payment to force us to make an agreement that we don’t believe we can do in the best interest of the village residents and providing a sustainable fire service.”

Per the 2020 census, the Town of Oakfield has 3,145 residents, with 1,812 of those people residing in the village.

Boyle said the fire department budget is around $175,000 including Workers’ Compensation premiums that the town traditionally has paid and liability insurance that the village traditionally has paid. The fire protection agreement is based on $135,600, with the village responsible for $56,952.

He also said this hasn’t been an issue in the past.

“Two years ago, committees got together for budgeting the fire department – looking at the long range plan and controlling costs as much as we could while also being able to sustain it over the years,” he said.

Boyle said both municipalities are required by law to provide fire protection to its businesses and its residences.

“They (the town) knew what their bill was going to be and they’ve gone out and collected tax money for that, but they haven’t signed a contract for the fiscal year that passed, even though they have collected money from the taxpayers,” he advised. “It’s escalated as it has gone on the past 15 months, but what they are saying is that it’s too expensive and they have to drive their costs down.”

He did say that there is no signed contract for 2020-21.

As far as legal action, Boyle said one of the trustees contacted the state Comptroller’s office, and the village board feels good about its chances of winning a lawsuit.

“We feel the town knew what the bill was going to be, they collected taxes on it and we provided a service in good faith. Plus, they never contacted us, saying we shouldn’t be doing that because we don’t have a contract. We’re confident that we would prevail in a lawsuit because of those reasons.”

Boyle mentioned that five fire calls over the past year or so have been structure fires in the town and, as required, the village fire department volunteers responded.

A call this morning seeking comment from Oakfield Fire Chief Sean Downing has yet to be returned.

Oakfield Town Supervisor Matt Martin has yet to respond to email and phone requests for comment.

Meeting minutes from the June 8^th Town Board meeting indicate the agreement with the village is “not a contract, but a service agreement” and that a counteroffer to the village has been proposed:

“For years, but recently the past few months Supervisor Martin and Councilperson (Carol) Glor have been trying to negotiate with the Village a service contract that is equal. Currently, the Town pays 58% of the fire budget. Supervisor Martin requested that the number become a 50/50 split over a three year period, which the Mayor and Village Board refuse to entertain.

At this time the Town has not paid the village for the last village budget year. Supervisor Martin says this is not a contract it is a service agreement and should be treated as such. A proposal to the Village of $63,000.00 per year for three years on a service contract appears to be rejected as there has not been any communication from the Mayor.”

Boyle, after hearing what was communicated, said, “We’ve always been willing to talk with the town, maybe not in their time frame.”

“I got the sense that they’re not paying the contract and using that as hostage money. We want to treat it as two matters: They clear up what they owe us and then we’ll talk about going forward. We provided a service to them in good faith, so we believe that they’re being disingenuous.”

While water and sewer improvements certainly aren’t as intriguing as the construction of a playground designed for children of all levels of ability, they are vital to a municipality's health and well-being.

With that in mind, five of the seven projects that would utilize $1.4 million in American Rescue Plan Act funding -- as recommended by City of Batavia Manager Rachael Tabelski -- have to do with upgrades of water and wastewater systems or purchases of related equipment.

Tabelski, in a presentation at Monday night's City Council Conference Meeting at the City Hall Council Board Room, provided details of the water/wastewater proposals.

She was supported by Stephen Waldvogel, P.E., technical director with GHD Group of Buffalo, the company in line to contract with the city for water system planning assistance, and wastewater system headworks and capacity analysis.

The one “public facing project,” Tabelski said, is spending $800,000 – equally split between ARPA money and anticipated grant funding – on upgrading Austin Park (which is located behind the current City Police Department) to an "inclusive destination playground."

Tabelski said that residents have told her they don’t feel safe in that park, compared to other city parks.

“But if we have a really nice playground and really nice space, hopefully, we’d have really great families visiting there so everyone could feel safe at that park,” she said, adding that the project would include enhancement of the water splash pad there.

“I think this is a good opportunity,” she said. “Most of these other projects are water and sewer line utilities. This would be something, obviously, the public could see and enjoy, not that they don’t enjoy clean water – you just don’t see it every day. It just comes to your house, right?”

CITY GETS $1.4 MILLION IN ARPA FUNDING

As reported first on The Batavian on Saturday, Tabelski put together the list of priority expenditures that qualify under ARPA’s rules and regulations. The city received $1,474,764.79 from the federal stimulus action (and, as reported last night, already has half of that in its bank account). The remainder is scheduled to be allocated after the first of the year.

Tabelski made a convincing case for engineering studies, analysis and upgrades of the city’s aging wastewater treatment plant and assistance as it moves toward the phasing out of its water plant.

Two of the projects on the list call for contracting with GHD Group – one for engineering services for water system planning ($248,000 in ARPA money) and the other for wastewater treatment plant headworks and capacity analysis ($250,000 in ARPA money).

“(The engineering services contract) is something the city needs to start immediately, whether we decided to use ARPA funding or not,” Tabelski said of an anticipated two- to two and a half-year contract with GHD.

The gist of that project is to address and replace lead services lines throughout the city according to new federal regulations, she said, mentioning the additional requirement of an online map to show residents the location of lead lines or suspected lead lines.

Tabelski also said that engineering expertise is needed as the city prepares to close its water plant in conjunction with Genesee County’s plan to provide Monroe County Water Authority water to city residents.

After outlining the scope of services of the water system planning resolution, Tabelski turned it over to Waldvogel, who said he has worked with the city “in the background” for the past 10 or 15 years.

ENGINEER: GENERATIONAL CHANGES IN STORE

“The revised lead and copper rule is probably one of the most substantial changes to the water regulations in a generation,” he said. “It will have a substantial impact on your water department and that’s one of the reasons why Rachel is looking to tackle some of these big things.”

As far as the wastewater treatment plant headworks and capacity analysis is concerned, Tabelski said the city just completed a $1 million project to replace the main air system that goes along the ponds.

She said analysis is needed of the pipes that go into the ponds to bubble and diffuse air to allow the ponds to digest waste efficiently and to “understand what our capacity is today so we’re able to make future decisions.”

Waldvogel added that the air system at the wastewater treatment plant is aging and deteriorated.

“There needs to be, as requested by the EPA (Environmental Protection Agency) and the DEC (Department of Environmental Conservation), a headworks analysis of the facility,” he said. “And what that is, is essentially an analysis to determine the flow and contaminant loading that the plant can properly manage while you still meet your permit.”

He said the plan is to collect data for 12 months – determining the different “loadings” for all four seasons – “and from that you’ll determine how the facility removes a long list of contaminants, and from that you develop your own local permits which you issue to all the local industries that discharge to your system.”

Waldvogel said this will have an effect on the Town of Batavia, which is a minority owner and also discharges to the plant, and positions the city for long-term growth and future investment.

He also indicated that by understanding its capacity, the city would have to renew its wholesale sewer and meter reading agreements with the Town of Batavia “which are predicated on certain flows and certain loadings.”

Three other projects relating to water and sewer are replacement of the Cohocton water transmission line that supplies water to the southwest quadrant of the city ($400,000 in ARPA funds and $400,000 in Water Reserve funds), replacement of an aging sewer camera ($50,000 in ARPA funds and $50,000 in Wastewater Reserve Funds), and replacement of meter reading equipment ($26,764.70 in ARPA funds and $1,718.79 from Water Reserve funds).

AUSTIN PARK: AN OPPORTUNITY ZONE

Tabelski said Austin Park is about 25 years old and that area qualifies as an Opportunity Zone due to 2019 figures that show 12.9 percent poverty and 4.9 percent unemployment.

“This fits into addressing negative economic impacts and public health in a neighborhood,” she said. “We want to continue to provide those outdoor, healthy living, recreation opportunities, but also doing something a little more significant.

“We don’t have anything that is like, ‘Wow, that is a cool playground.”

She called it an inclusive destination playground, one designed for children of all different abilities and for those in wheelchairs, for example.

City Council President Eugene Jankowski Jr. sought to clarify the meaning of “inclusive” – requesting the term “universal access” be included going forward.

He said that Council passed a resolution several years ago that authorizes the board “to think in that realm whenever we designed anything new.”

The other project (using $100,000 in ARPA funds and $440,000 from the Facility Reserve Fund) would make necessary improvements at the city’s Bureau of Maintenance and Fire Department -- the purchase of a new generator to fully run fire headquarters on Evans Street and to make the facility compliant with the Americans with Disabilities Act.

City Council voted to forward all of the recommendations to the Oct. 12 meeting.

DIVIDE NY, OTHER RESOLUTIONS

On another front, Council, at the request of Sixth Ward Council member Rose Mary Christian, briefly discussed a bill in the New York State Assembly that provides for a referendum on the question “Do you support the division of New York into two separate states?”

Christian was looking for Council’s support of this bill, and seeking guidance on the best way to proceed. City Attorney George Van Nest said that it was a state referendum, not a local one, and, if passed, would be placed on a ballot for statewide voting.

The bill calls for a general election -- posing that question to state voters -- to be held on or before Dec. 31, 2022. The bill is sponsored by Assemblyman Stephen Hawley. The Senate version is S7314. Currently, there are no votes for this bill scheduled in state legislative session.

In other action, Council forwarded to the Oct. 12 Business Meeting resolutions:

• Spending $38,800 from the Facility Ice Rink Reserves account for purchase and installation of a new compressor that is part of the ice making equipment at the Batavia Ice Rink on Evans Street. Tabelski said one of the two compressors has failed and to rebuild it would not be cost effective.

• Spending $84,000 from the Water Reserves account as a local match to the $334,000 the city received in a grant from the Northern Border Regional Commission to fully fund the installation of 950 linear feet of 8-inch water main along Bank Street – from Washington Avenue to Main Street. The project will replace 90-plus-year-old pipe, thus increasing water supply and flow in that area, which is designated as the site of the new police headquarters.

Previously: City manager suggests using ARPA funds to build 'inclusive destination playground' at Austin Park