A statement from Assemblyman Steve Hawley:

“The failure of the Legislature today to rescind the governor’s emergency powers represents a rejection of the most minimal consequences for a governor who has demonstrated a willingness to lie about the gravest of matters to the people as a leader, and allegedly preys on others.

"While he really should be removed from office, it is unacceptable that our colleagues in the Majority are letting the governor off scot-free.”

Data Update – 

• Genesee County received 15 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
• The individuals are in their 20s, 30s, 40s, 50s and 60s. 
• Twenty-six of the previous positive individuals have recovered and have been removed from the isolation list.  
• Three of the current positive individuals are hospitalized.
• Three of the new positive individuals are inmates at the Buffalo Federal Detention Center.

Orleans County received four new positive cases of COVID-19.  

• The positive cases reside in the:
  • West Region (Yates, Ridgeway, Shelby)
  • Central Region (Carlton, Gaines, Albion, Barre)
  • East Region (Kendall, Murray, Clarendon)
• The individuals are in their 0-19s, 40s and 50s.
• Three of the previous positive individuals have recovered and have been removed from the isolation list.
• Zero of the current positive individuals are hospitalized.

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

This is the first in a series this week of interviews with this year's winners of awards from the Chamber of Commerce, starting with UMMC, winner of the Service Award for 2020. We'll be talking with President Dan Ireland.

Submitted photo and press release:

Notre Dame High School is pleased to announce a donation of $345 to Just Kings.

Just Kings is a Batavia-based organization whose mission is to provide a voice for the local Black community. They work to educate and mentor the youth, our neighbors and ourselves as we continue to fight to end racism.

Nya Thomas, a senior at Notre Dame, led the donation drive in honor of Black History Month.

Check out the important work they do at their Facebook page.

Photo: front row, from left: Alonzo Story, Mark Sanders, McKenzie Nenni, Nya Thomas, Ben Skanly, and Principal Wade Bianco; back row: Just Kings -- Eric Ricks, Victor Thomas, Robert Thurston, Oraid Edwards, Terry Smith, Otis Thomas and Brandon Armstrong.

Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider approving incentives for a $9.2 million project at its March 4 board meeting.  

LandPro Equipment LLC is proposing to acquire and develop a 14-acre parcel to build a 50,000-square-foot facility for a full-service John Deere Agriculture and Turf Dealership. The facility would primarily be used for operations and training, with a portion of the facility used for retail.

The project proposes to create five new jobs and retain approximately 60 jobs in Genesee County.

A public hearing about the project was conducted on Feb. 25.

The GCEDC board also will consider initial applications for three community solar projects.

• Forefront Power LLC (Elba Solar) is proposing to invest $9.7 million in a community solar project on Norton Road in the Town of Elba. The project will generate 5 MW of power and is projected to generate approximately $518,803 in new revenue to Genesee County, the Town of Elba, and the Elba Central School District over the proposed 15-year agreement.  
• Solar Liberty is proposing to invest $7.7 million in two community solar projects on Tesnow Road in the Town of Pembroke. The projects will generate 4 MW and 5 MW of power and are projected to generate approximately $856,024 in new revenue to Genesee County, the Town of Pembroke, and the Akron Central School District over the proposed 15-year agreement.

Pembroke High School's Lady Dragons Varsity and Junior Varsity Basketball teams will host a Food Truck Rally this Friday as part of their 10th anniversary celebrating their participation in Shooting For A Cure.

A portion of sales will be donated to Roswell Park Comprehensive Cancer Center to help fight breast cancer.

All are welcome to enjoy some delicious food and enter for a chance to win some amazing prizes.

The event will take place from 4 to 8 p.m. at Pembroke High School, located at 8750 Alleghany Road in Pembroke.

Here's a partial list of participating trucks:

• The Cheesy Chick
• Buffalo's Best Grill & Catering
• Babz BBQ
• Center Street Smokehouse
• Pub Coffee Hub

Press release:

Assemblyman Steve Hawley over the weekend spoke with WHAM 13 Rochester and Rochester TV 8 to discuss recent allegations made against the governor by two of his former aides who state he had sexually harassed them in private.

Speaking with these media outlets, Hawley called on the governor to resign immediately in the aftermath of both these sexual harassment allegations and also following reports that his administration actively covered up the amount of fatalities in New York nursing homes during the COVID-19 pandemic. 

In the interviews, Hawley emphasized that amid an ongoing pandemic, budget negotiation process, a federal investigation into his coverup of nursing home fatality data, and now an investigation by the Attorney General’s Office, New Yorkers need a governor that can fully devote their time and focus on addressing the needs of everyday New Yorkers in what are unprecedented and challenging times. 

“It needs to happen yesterday,” said Assemblyman Hawley in an interview with WHAM 13. “Any time there’s an allegation, it needs to be taken seriously, and we need to move forward with that.”

“[Cuomo] owes it to the people of the state of New York— his constituents, my constituents,” said Hawley, as he spoke with News 8 Rochester. “We have an awful lot going on in the state, in this nation. And the appropriate thing for him to do at this point is resign.”

After a second sexual harassment allegation was made against Gov. Andrew Cuomo, Monday's legislative session was cancelled and Hawley issued this statement:

“Today’s cancellation of session is extremely disappointing, especially as we are now grappling with multiple crises in our government," Hawley said. "We are facing a pandemic, a debt crisis, budget negotiations, and also need to address the accusations made against the governor by two of his former aides, not to forget about his coverup of deaths that took place in our nursing homes.

"The people need us more than ever, and I am saddened, though not surprised, that the Majority has decided to take a day off today and cover for the governor as he faces investigations by the Attorney General and Department of Justice, rather than address our state’s critical needs.”

Oakfield-Alabama beat Holley 72-37 on Monday to give Head Coach Ryan Stehlar his 100th career win.

Kaden Cusmano scored 24 points to lead the Hornets. Travis Wiedrich scored 16 points and Gaige Armbrewster scored nine.

Also in boys basketball

• Attica beat Notre Dame 64-54
• Byron-Bergen beat Elba 66-54
• Wheatland beat Alexander 37-35
• Batavia beat Olympia 70-42

Photo by Kristin Smith.

Oakfield-Alabama beat Holley on Monday, 49-17.

Makena Reding scored 11 points for the Hornets. Kelsey Schlagenhauf scored nine.

O-A is now 5-3 on the year.

In other girls games:

• Elba beat Byron-Bergen 64-37 (game coverage)
• Hornell beat Le Roy 83-46
• Alexander beat Wheatland 53-38
• Notre Dame beat Attica 59-44
• Pavilion beat Mt. Morris 73-21

Photos by Kristin Smith. For more photos, click here.

Taylor Augello scored 21 points against Byron-Bergen on Monday night to lead Elba to a 64-37 victory.

The Lady Lancers are now 10-0 on the season. 

Brynn Walczak scored 14 points and had 12 rebounds. Laci Sewar scored nine points.

For the Bees, Ava Wagoner scored 15 points and Sasha Schramm scored 11. MacKenzie Senf had eight rebounds.

Although delayed, the Genesee-Orleans Regional Arts Council reportedly will be receiving the full amount of its state funding that has been on hold due to the COVID-19 pandemic, giving Executive Director Gregory Hallock reason to believe the agency will be able to provide all of its services and programs in 2021.

“We just received word that we will be getting the full $127,000 (mostly from the New York State Council on the Arts), we just don’t know when the money is coming in,” said Hallock during an agency review Monday for the Genesee County Legislature’s Human Services Committee.

Hallock said that GO ART! had to “shut everything down” last March at the outset of the coronavirus outbreak, resulting in cancelled events, such as the July 4^th Picnic in the Park (it was held virtually) and the halting of renovations at the 201 E. Main St. facility.

“It was a scary situation, but we are seeing the light,” he said, adding that the agency currently has about $70,000 on hand, twice as much as he expected.

With the assurances of its usual monetary support – and through the utilization of Payroll Protection Program grants, GO ART! is ready to transition its two employees back to full time later this month and is “planning to be fully open on September 1st,” Hallock said.

He said he is excited about the new features at the building, including a dance studio – “we even have a disco light,” he said – as well as a film studio, podcast studio with soundproofing windows, a hair studio, remodeled kitchen, and library with a grand piano.

GO ART! is looking to open Tavern 2.0.1 in September, Hallock said, disappointed that it was in operation for just two and a half months in 2020.

“We’re ready to make a ‘big bang’ when we get the go-ahead to start that back up,” he said.

The executive director’s report pointed out the value of a cultural component, noting there is a 7:1 return on dollars spent both directly and indirectly.

“Indications show that in our very region, arts/cultural tourists spend an average of 50 percent more than residents do per event, with an emphasis on indirect spending in the restaurant and hospitality sectors,” he stated.

He said GO ART! is able to support local organizations and individuals through the NYSCA Decentralized Re-Grant Program.

More than $43,000 in grants funded by the NYSCA, namely “Reach,” “Ripple” and “Spark” grants, were awarded in Genesee County in 2020, he said.

“Reach” grant award recipients included the Genesee Valley Wind Ensemble’s concert season, Genesee Symphony Orchestra, Arc of Genesee/Orleans, Holland Purchase Historical Society, Elba Betterment Committee, Woodward Memorial Library, Genesee Chorale, ACORNS music in the park, Gillam Grant Community Center and the Batavia Concert Band.

Individual artists receiving “Ripple” grants were David Burke, Bart Dentino, Mandy Humphrey and Eric Zwieg.

Hallock said GO ART! spent $20,000 toward facility construction prior to the shutdown, and is set to resume the exterior and interior renovations, which are estimated to cost $218,000. Work will be done on the main entrance awning, kitchen roof, gutter system, storm windows and chimney.

GO ART! has received six grants for this project, totaling $199,500, he said, and is seeking grants to install an elevator, update the central air system and create a cultural garden.

The agency also is working on a partnering grant with the arts councils in Wyoming, Livingston and Monroe counties to share a full-time marketing director, Hallock said. Currently, GO ART! shares a full-time folklorist with Wyoming and Livingston counties.

Hallock said plans including offering the building for long-term room rentals, artist nights and other programs. Despite the pandemic, he said the agency assisted other organizations by using the building as a distribution site for food and clothing, and distributed 16,000 art kits to youth in Genesee and Orleans counties.

In legislative action, the Human Services Committee recommended approval of a resolution to allocate $6,500 to GO ART! for 2021. This is the same amount of funding that was appropriated in 2018, 2019 and 2020.

via Batavia Athletics

Via Batavia Athletics

Additional doses of both the Moderna and Pfizer vaccine have been coming into Genesee County this week -- a welcome sign of better days ahead, according to the Genesee/Orleans public health director.

“After our allocation had been flat for four weeks, the county Department of Health has received 885 doses of the vaccine – 300 of the Moderna and 585 of the Pfizer,” Paul Pettit said this afternoon via Zoom during the Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse.

Pettit also mentioned that several “community partners” have received vaccines, with United Memorial Medical Center getting 200 doses and Tops Market in Batavia, Tops Market in Le Roy and Oakfield Family Pharmacy receiving 100 doses each.

He reported that Genesee Community College will be the site of two local vaccination clinics this week – from 11 a.m. to 3 p.m. Wednesday for first dose only and from 9 to 11 a.m. Friday for second dose only.

This is not the mass vaccination clinic at GCC that leaders in Genesee, Orleans and Wyoming counties have been vigorously asking for, but good news may be around the corner, Pettit said.

“We’re still working on the details of a potential mass vaccination location,” he said. “We expect more details tomorrow and will send out a press release as soon as possible.” 

He said 3,500 doses would be available if and when New York State officially approves the college as a regional vaccination clinic.

In related COVID-19 developments, Pettit said the state’s guidance on gatherings is expected to change on March 15, increasing the number to 150 people or 50 percent of capacity, and he said he anticipates the county receiving the Johnson & Johnson single-dose vaccine in a couple weeks.

He also urged state officials to update their guidance concerning people who are fully vaccinated.

“They already recognize the exposure aspect of it (that they don’t have to quarantine), but now they need to do the same when it comes to travel,” Pettit said.

Legislatively, the Human Services Committee approved two resolutions submitted by Pettit that reflect funding connected to the county’s effort to test for the virus and vaccinate against it:

• An agreement with the New York State Department of Health for the acceptance of the Immunization Action Plan contract for the period April 1 through March 31 in the amount of $25,651.20.

• An amendment to the county budget to reflect increases in overtime, Social Security, Medicare and Specialized Supplies totaling $13,566, with these costs offset by federal revenue.

Press release:

• Genesee County received 30 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s and 60s. 
  • Forty-three of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Nine of the current positive individuals are hospitalized.
  • Six of the new positive individuals are inmates at the Buffalo Federal Detention Center.
  • We retracted three positive residents of The New York State Veterans' Home at Batavia that were determined to be duplicates. 

• Orleans County received eight new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 60s, and 80s.
  • Three of the new positive individuals were under mandatory quarantine prior to testing positive.
  • Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the current positive individuals are hospitalized.

Press release:

To honor #BlackHistoryMonth, students gather on Instagram Live to discuss the film “42” as well as tobacco use in movies and community health disparities.

A virtual movie event on “42,” The Jackie Robinson Story, spurred a lively Instagram Live discussion on multiple tobacco issues affecting our community and nation. 

On Feb. 25, Reality Check youth from Genesee County joined 100+ youth and community members from across New York State to honor #BlackHistoryMonth, as well as discuss the baseball movie and how it hits a home run on tobacco-related topics including: Tobacco use in movies; Big Tobacco’s targeted advertising; health disparities: and smokeless tobacco use.

The youth had a three-day window, from Feb. 23-25, to watch the movie independently, or as part of a group watch party, to prepare for the live discussion. The goal was to share what they learned with peers and members of the community to help reduce tobacco product use in their regions and beyond.

Tobacco Use in Movies

“42” includes several smoking scenes, particularly cigar smoking. This gave Reality Check leaders guiding the discussion the opportunity to educate youth on important facts from the Centers for Disease Control and Prevention (CDC) that were also shared via social media channels the week preceding the event.

• Smoking in movies recruits 187,000 new teen smokers every year; and
• PG-13 films account for nearly two-thirds of the smoking scenes youth see on the big screen.

“The more kids see smoking on screen, the more likely they are to smoke,” said Brittany Bozzer, Reality Check coordinator at Tobacco-Free Genesee, Orleans and Wyoming counties (TF-GOW).

“There’s no excuse for having smoking in movies that are rated to be sold to kids; we suggest giving an R rating to movies that include tobacco use.” 

According to Bozzer, giving an R rating to future movies with smoking would be expected to reduce the number of teen smokers by nearly 1 in 5, preventing up to 1 million deaths from smoking among children alive today.

Black History Month

Since “42” tells the story of the American legend Jackie Robinson, the first African American Major League Baseball player, the movie event and discussion included the issue of racial health disparities in our communities.

For more than 60 years, the tobacco industry has been a part of the problem by deliberately targeting the Black community with menthol cigarettes, which are more addictive, easier for kids to start using and harder for smokers to quit than other cigarettes.

To target Black demographics, the tobacco company Chesterfield used Jackie Robinson in cigarette ads in the 1950s. Athletes were desirable endorsers for cigarettes because they were perceived as healthier than the average citizen.

Teens also discussed how the tobacco industry profited while destroying Black lives and health. In the 1950s, less than 10 percent of Black smokers used menthol cigarettes. Today, 85 percent of Black smokers smoke menthol cigarettes.

Tobacco use is the leading cause of preventable death among Black Americans. It claims 45,000 Black lives each year, and Black Americans die at higher rates than other groups from tobacco-related diseases such as cancer, heart disease and stroke.

Baseball and Chewing Tobacco

A final discussion topic of “42” and the Instagram Live event was Through With Chew week, a national, weeklong event meant to educate people about the dangers of smokeless tobacco, also known as chew, which has been used by professional athletes for decades.

The week of awareness included the Great American Spit Out on Feb. 25 this year, the day tobacco users across America aim to quit.

ABOUT REALITY CHECK 

It is a youth led movement in New York State that empowers youth to become leaders in their communities in exposing what they see as the manipulative and deceptive marketing tactics of the tobacco industry. The organization’s members create change in their communities through grassroots mobilization and education.

Reality Check groups work in their communities by trying to limit the exposure of tobacco marketing in stores, help make smoke/vape-free public, work, and housing spaces, and limiting the exposure to smoking/vaping in movies.

These initiatives are to help discourage young people from becoming new daily smokers and encourage current smokers to quit. Reality Check GOW is a program of Tobacco-Free GOW and Roswell Park Comprehensive Cancer Center.

More information can be found at http://www.realitycheckofny.com and http://www.tobaccofreenys.com

From the county health department:

There are still several appointments available for anyone who needs a free rapid COVID-19 test. The clinic is scheduled for Tuesday, March 2^nd from 1 to 3 p.m. at the Genesee County Emergency Management / Fire Training Center at 7690 State Street Road, Batavia.

There are no residency requirements for the testing clinic.

For more information and the registration link please use this following link.