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TAP grant could lead to correction of crosswalk situation on Bank Street near Office for the Aging building

By Mike Pettinella

As expected, the Batavia City Council on Monday night voted to pursue a 2021 Transportation Alternative Program grant that, if awarded, could spur city maintenance crews to address the inadequate crosswalk setup from the Genesee County Office of the Aging to the parking lot on the west side of Bank Street.

“It’s really not a highway project … (but) is focused on non-vehicle enhancements, which would be traffic calming and more pedestrian elements,” said City Maintenance Supervisor Ray Tourt during the board’s Conference Meeting. “And we would finally go ahead and try to configure a crosswalk out there.”

Council President Eugene Jankowski Jr. jumped at the chance to comment further on the crosswalk situation.

(See below -- Previously: Video: Crosswalk awareness event on Bank Street)

“Is that going to solve the problem that we’ve had where people are in the crosswalk and cars are whizzing by not noticing them?” he asked. “It’s kind of a situation that has been like that for a long time.”

Tourt said a goal is to narrow that corridor “which tends to slow vehicles down.”

“So, with the use of bump-outs and vertical elements in the way of replacing trees … and actually formalizing a crosswalk where it could make sense,” he said. “There’s a chance that there could be a change to the driveway access points to a couple of the properties and try to get those in line and then include a crosswalk at the intersection of Alva Place.”

City Manager Rachael Tabelski reported that these federal TAP grants administered by the Genesee Transportation Council and New York State Department of Transportation range from $500,000 to $5 million, depending upon the project’s price tag.

Tourt said an estimate provided by LaBella Associates of Rochester about 18 months ago pegged the Bank Street project at $1.5 million, but that price could go up by 20 or 30 percent due to rising material costs. The city would be asking for the amount of the project and would be on the hook for 20 percent of the final cost.

The proposal includes adding streetscape elements, pavement markings, signs, accessible ramps, more crosswalks, pedestrian corner “bump-outs” and/or center median refuge.

“And there certainly could be more road improvements that could go on there,” Tabelski said. “If we do receive a grant from the Northern Border Regional Commission as well, this would play nicely to do the waterline (on Bank Street) and the road at the same time.

Following the meeting, Tabelski answered additional questions about the section of Bank Street between Main Street and Washington Avenue.

  • On the chances of getting the grant:

We always like to try our best to pursue grant opportunities, and we have LaBella Associates (of Rochester) helping us write the grant. We’ve gotten this grant before and we’ve been successful with it.

“There’s definitely a lot of positive attributes to the project – not only the pedestrian safety and the streetscape, but also the studies we’ve done previously where it was identified as a need in the community. The DRI (Downtown Revitalization Initiative) had a Bank Street project component and so did the Mall Feasibility Study. So, it has been identified multiple times as an area to be enhanced with streetscape and pedestrian safety.

  • On attracting a developer to put up a mixed-use building:

“Any enhancements we make in infrastructure can be an incentive for developers to look at an area. A proposal to have apartments and possibly commercial at Bank and Alva Place is one of the long-term concepts in the BOA (Brownfield Opportunity Area) plan. So, it would be directly across from the police station. It has always been envisioned to have more downtown living near the mall campus.

  • On slowing down traffic with a new police station on the block:

“I don’t know the traffic flow patterns of where they (patrol cars) will go; it will probably be call dependent on how they will leave the station. Even now, they have to get out of the parking lot that they’re in (behind the old City Hall, next to Austin Park).

“But, typically, they don’t leave the station to go out on a call because they’re already out in the community when calls come out.  A lot of times they’re already on a call when another call comes in.”

  • On the status of the new police station on the Alva Place parking lot?

Right now, we’re drawing up the documents to put out an RFP (Request for Proposal) for a design and engineering firm that we hope to release at the beginning of September.

“The stages of the project start with the RFP for design and engineering, score and rank those firms internally and then bring that proposal to Council at the same you bring all of the funding information to them so they can decide to move forward.”

In other action last night, Council:

  • Approved a resolution authorizing the city to act as lead agency for the State Environmental Quality Review for the renovation of Jackson Square, the concert area located between Jackson and Center Streets, next to Center Street Smoke House.\
  • Moved resolutions to the Sept. 13 Business Meeting pertaining to the rezoning of two parcels on East Main Street to C-3 (Commercial) and to conduct a SEQR for the Healthy Living Campus project of United Memorial Medical Center and the Genesee Family Area YMCA.
  • Approved a resolution for the receipt of a Police Traffic Services grant for $12,936 for details dedicated to increasing seat belt usage and reduce dangerous driving behaviors, and another to reflect the receipt of $3,000 for the fire department to continue its child safety seat program through the NYS Governor’s Traffic Safety Committee.
  • Agreed to not lock the Little League and Minor League fields on State Street and Denio Street, respectively, despite communication from youth baseball officials who expressed concerns about dogs leaving a mess on the diamonds.

Jankowski urged residents to respect the fields and clean up after their pets, but stated that it would be best to keep the parks accessible for all to use.

“We don’t want (people) climbing the fence to use a city park,” he said.

Previously: Video: Crosswalk awareness event on Bank Street.

Officials react to Cuomo's resignation

By Howard B. Owens

Press release from State Sen. Ed Rath:

This afternoon's resignation from Governor Cuomo is a welcomed and necessary relief for those New Yorkers he has harmed and those who continue to look to Albany for leadership amid this pandemic. Harassment has no place in our society, especially at the upper levels of state government.

I continue to call on the State Legislature to ensure that other investigations into Governor Cuomo's malfeasance remain ongoing. New Yorkers who lost loved ones in nursing homes deserve answers. While the Governor has already written his book, let us not write off other avenues where he has betrayed his oath of office. If ongoing investigations by the State Assembly reveal further misdeeds, impeachment must remain a viable option. The State Legislature must uphold its duty to hold Governor Cuomo accountable.

I look forward to working with Lieutenant Governor Hochul in her new capacity as the first female Governor in New York State history. As a fellow Western New Yorker, I hope she strives to help New York heal and elevates the voices of upstate New Yorkers long maligned and ignored by downstate leaders. Having served with her at several levels of government, I am confident that her integrity is unwavering. Together, we will continue to navigate the challenges facing all New Yorkers.”

From Lt. Gov. Kathy Hochul:

"I agree with Governor Cuomo's decision to step down. It is the right thing to do and in the best interest of New Yorkers.

As someone who has served at all levels of government and is next in the line of succession, I am prepared to lead as New York State’s 57th Governor."

Assemblyman Steve Hawley:

 “Now that the governor has done the right thing and resigned, we can focus on bettering the lives of the working people of this state once again. This is the third high ranking official that has stepped down due to improper conduct during my tenure, and I hope we can come together and work to assure it’s the last and that conduct like that of Andrew Cuomo’s is never left unchecked. I do want to congratulate Kathy Hochul, who will be our next Governor in two weeks, and hope we can work together in bipartisan fashion to do more for the people of this state than ever before.”

Rep. Chris Jacobs:

“Andrew Cuomo's resignation is long overdue, and needed to move our state government past the multiple scandals he and his staff inflicted on the citizens of New York. Despite his resignation, criminal investigations of the Cuomo administration must continue to ensure justice is served.”

Law and Order: Batavia woman charged with burglary, sex abuse, robbery, prostitution

By Howard B. Owens
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Nateeka Gibson

Nateeka M. Gibson, no age provided, no residence provided, is charged with burglary 2nd, sex abuse 1st, robbery 3rd, grand larceny 4th, criminal mischief 4th, and prostitution.  At 4:36 p.m., Aug. 5, Batavia police officers were dispatched to a location on Holland Avenue after a report that Gibson was involved in a disturbance with another female. Officers were aware of four active arrest warrants against Gibson from City Court and Town of Batavia Court. Gibson was also a suspect in an ongoing investigation where charges are still pending. Among the responding officers were Officer Stephen Quider and K-9 "Batu."  The K-9 team conducted a search of the Holland Avenue residence. Gibson was reportedly located hiding in the basement.  Gibson was placed under arrest after an alleged brief struggle inside the residence.  Gibson was arraigned in City Court on Aug. 6 and ordered held without bail.  The ongoing investigation is related to Gibson allegedly entering the residence of an elderly male on July 28 at a location on East Main Street.  Police suspect Gibson of stealing money from the victim on two occasions and prevented the male from calling 9-1-1.  

Brooke Kimberley Tubbins, 40, of Ellicott Street, Batavia, is charged with grand larceny 3rd and three counts of offering a false instrument for filing.  Tubbins allegedly failed to report income on two applications for SNAP benefits and as a result, received $6,215 in benefits she was not qualified to receive from May 2020 through March 2021.  The case was investigated by Robert Riggi, DSS. Tubbins was arraigned in Town of Batavia Court and released on her own recognizance. 

Heat advisory in effect until 8 p.m. tomorrow

By Howard B. Owens

The heat index is expected to be in the mid-90s today and near 100 tomorrow.

Hot temperatures and high humidity may cause heat illnesses to occur. 

From the National Weather Service: 

Drink plenty of fluids, stay in an air-conditioned room, stay out of the sun, and check up on relatives and neighbors. Young children and pets should never be left unattended in vehicles under any circumstances. 

Take extra precautions if you work or spend time outside. When possible reschedule strenuous activities to early morning or evening. Know the signs and symptoms of heat exhaustion and heat stroke. Wear lightweight and loose-fitting clothing when possible. To reduce risk during outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks in shaded or air-conditioned environments. Anyone overcome by heat should be moved to a cool and shaded location. Heatstroke is an emergency! Call 911.

Landers: County governments preparing to assume greater role as another wave of COVID-19 takes shape

By Mike Pettinella

With leadership at the Executive Mansion in Albany in disarray, local governments are being forced to take on greater responsibility in the decision-making process as COVID-19 rears its ugly head once more.

Noting that New York State is backing off on mandates and guidelines, Genesee County officials are banding together with administrators from neighboring counties to figure out the best course of action as the number of cases increase and with the reopening of schools just a few weeks away.

“There is no state policy; everybody is on their own,” said Legislature Chair Rochelle Stein during Monday afternoon’s special legislative meeting at the Old County Courthouse. “What we do now – our behavior is really going to matter.”

County Manager Matt Landers told legislators that county managers have restarted discussions on how to handle what he called “a changing landscape.”

“We will not be under the state umbrella where there was a facilitator,” Landers said. “We had our first official meeting today after a long break and we decided to make this a weekly meeting because of the nature of how things are changing.”

He emphasized that public health directors will be included in the talks – “a good step,” he said -- because last time county administrators and public health directors conducted separate meetings.

VACCINATED? THEN NO MASK

Landers said his group is looking at the various county and school policies when it comes to the wearing of face coverings.

“A couple of counties have gone the route of mandating masks for their workforce, regardless of vaccination status. We haven’t gone that route at this point, and I wouldn’t recommend that route as necessary,” he said.

Genesee County employees do not have to wear a mask if they are vaccinated, he said, but need to show proof of vaccination to do so.

He said that Legislature Clerk Pamela LaGrou came up with that idea, and it was applauded by leaders in other counties.

Unvaccinated county employees are required to wear face coverings, however.

“Here, we’re not going to ask vaccination status of any of our workforce, but if you want to take the mask off at work, you have to provide proof of vaccination to your department head,” he said. “So, we have high confidence right now in the county workforce that if you see a county employee with his or her mask off, they have shown that proof. And because of that, we won’t have to rush to have any mask mandate for all of our workers anytime soon.”

FOLLOWING CDC GUIDANCE

Landers said that an interim step before mandating face coverings could be distancing county workers from the public.

“But we’re not there yet either,” he said, “because our transmission level is still low. Still, it’s something we have to start thinking about now. It’s unfortunate that we have to do this (again), but I like the spirit that everyone has in wanting to make sure that we’re being consistent and cooperating.”

Public Health Director Paul Pettit is in constant contact with school district officials, Landers said, with the goal of reaching a point where all schools draft similar guidelines when classes resume.

“There’s no universal set policy (for schools) yet; I think there’s an attempt,” Landers said. “We’re taking the position that we recommend following CDC (Centers for Disease Control) guidelines; in good conscience, we can’t deviate from recommending CDC guidelines. But each of the schools is going to make its own decision.”

GENESEE AT ‘MODERATE’ LEVEL

Genesee County has 25 active cases as of Monday, Landers said. Eleven of them occurred over the weekend, but no one is hospitalized.

He said Genesee is in the “moderate” category and just about to go into “substantial,” which is 28 cases a week on average. The “high” level is 57 cases.

The county manager said that about 20 to 30 percent of the positive cases are vaccinated people, adding that the Johnson & Johnson vaccine is “a little less effective” than the Moderna or Pfizer doses.

He said he’s not sure of the percentage of county employees who have been vaccinated, but estimated it around 70 percent – which is higher than the Genesee County number of 59 percent.

The county’s Facebook page has been getting significant hits as the public searches for current information about the coronavirus, Landers said, adding that a press conference is being set up for next week for the sharing of more data.

YUNKER: MUST BE PROACTIVE

In the meantime, he said the county will continue to test and vaccinate.

“… and if the demand is out there, we will increase the testing days and vaccination," he added.

Legislator Marianne Clattenburg mentioned that if school guidelines remain the same as before, more testing will be in order.

Landers said federal funding from the CARES (Coronavirus Aid, Relief, and Economic Security) Act will enable the county to place at least one Abbott rapid antigen test machine in each school to quickly test students and to provide BinaxNOW COVID-19 Ag Cards for asymptomatic testing.

Legislator Christian Yunker urged the county brace for another wave.

“We should probably be prepared to deal with another stint of rising cases,” he said. “It’s probably going to happen, so however we can be proactive to curb in those problems (the better off we’ll be).”  

City congratulates Batavia Business and Professional Women's Club on its 100th anniversary

By Mike Pettinella

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Photo: Shannon Plath, second from left, president of the Batavia Business and Professional Women's Club, accepts a proclamation from the Batavia City Council tonight in recognition of the local organization's 100th anniversary. Plath said the club could have disbanded when COVID-19 hit last year but the ladies "stepped up" with fundraising and Zoom calls. "We just made it happen," she said, and now the group is on solid ground. From left are Council members Rose Mary Christian, Patti Pacino and Kathleen Briggs. Photo by Mike Pettinella.

Batavia businessman sounds off about Dunkin Donuts vehicle congestion, ambulance sirens on Oak and Union

By Mike Pettinella

At least one City of Batavia resident is fed up with the traffic jams at the Dunkin Donuts at 405 West Main St. and ambulance sirens in the vicinity of Oak and Union streets.

Speaking during the public comments portion of tonight’s City Council Conference Meeting at the City Hall Council Board Room, Michael Barrett urged council members to look into a way to alleviate both situations.

The owner of Barrett’s Batavia Marine Sporting Goods reported that vehicles lined up for coffee and donuts are infringing upon his property and, moreover, said he is afraid that a major accident is just waiting to happen.

“They’re blocking my east entrance to come into the store and they’re backing up onto the (West Main) street and forming a line,” he said after the meeting. “So, they’re taking one lane of the street and blocking it off just so they can go into Dunkin Donuts.”

He noted that there is a sign there that indicates no left hand turns, but it isn’t being heeded.

“I’ve put signs out; I’ve put pylons out, and I see that Arby’s has got a little bit of that and downtown Tim Hortons had that until they had that extension put on the back part of their lot,” he continued. “If the police would just park out front for a couple days and just keep the people from turning and keep the traffic flowing, it wouldn’t be so bad.

“There’s going to be one heck of an accident coming one of these days. They’re going to come barreling down the street and ram right into somebody that’s parked in front of my store.”

During the meeting, he expressed his frustration to Council, stating he doesn’t know what to do next.

As far as the sirens are concerned, Barrett, who lives on nearby Richmond Avenue, said it seems to be constant as ambulances speed south on Oak Street before exiting onto Union Street to get to West Main.

Council members agreed with Barrett’s observations, with Council President Eugene Jankowski Jr. asking City Manager Rachael Tabelski to see if the ambulances could sometimes use a different route that could be just as fast and to study traffic patterns at Dunkin Donuts during its peak times.

“I can hear them from where I live (on Otis Street),” Jankowski said about the sirens. “Maybe they could vary their routes a little bit … but we will let them know there has been a complaint.”

Council member John Canale said he checked into the siren issue in the past, and acknowledged that “it’s almost constant and very unsettling.”

It was asked if the ambulances could turn on the sirens only when they approached intersections, but Canale and Tabelski said that they have to have them on for insurance purposes.

Legislature fast tracks awarding of contracts for construction of Golden Road, Chili water pump station

By Mike Pettinella

Citing the “need for speed,” the Genesee County Legislature at a special meeting this afternoon approved a resolution to accept a pair of bids for the construction of a new water pump station along Golden Road in the Town of Chili to advance Phase 2 of the Countywide Water Project.

Legislators awarded the general construction contract to C.P. Ward, Inc., of Scottsville, for an amount not to exceed $2,825,533, and the electrical construction contract to Kaplan-Schmidt Electric, Inc., of Rochester, for an amount not to exceed $595,000.

The $3,420,533 total will be funded from bonds issued by the Monroe County Water Authority for the Phase 2 construction.

Prior to voting, County Highway Superintendent Tim Hens stressed that timing was the major factor in calling the meeting outside of the board’s normal schedule,

“The biggest concern is the need for speed, obviously, with the supply chain disruptions we’re seeing with COVID and long lead times, especially on things such as motor controls and pumps,” he said. “So, we want to give contractors the most time as possible to get the project completed.”

Hens said the completion date in the contract is June 1, 2022, but it could take up to eight months to receive the pumps. Thus, the importance of awarding the contracts to get materials ordered while the building is being erected.

He also pointed out that the cost is about $600,000 more than expected, but not as much as it could have been when factoring in the increased costs due to COVID.

“The original total bid package for the general and the electrical when we were designing this about two years ago was around $2.8 million,” he said. “With what we’ve seen with COVID bidding recently, I was really nervous that we would be up around $4 million. So, I’m actually very pleased that are inflation was somewhat muted.”

 

Caller reports man driving his car fled accident scene

By Howard B. Owens

A car reportedly involved in a motor vehicle accident on Clinton Street Road at Jericho road has reportedly fled the scene.

A passenger called dispatch to report that the driver of the car he was in, a blue Chevy Impala, fled the scene and then stopped on Dublin Road and the driver got out and ran into the woods.

The driver is described as a white male, about 6' 2" wearing sneakers, jeans, and no shirt.

A license plate for the car was recovered at the accident scene.  The caller is the registered owner of the car.

The people in the other car are reportedly not injured.

UPDATE 5:27 p.m.: Correction on injuries: One person complaining of neck pain, requesting ambulance transport to a hospital.

COVID-19 transmission rates on the rise in the region, moderate increase in Genesee County

By Press Release

Press release:

“According to the CDC COVID Data Tracker (https://covid.cdc.gov/covid-data-tracker/#county-view) Orleans County has increased to substantial level of community transmission,” stated Paul Pettit, Director of the Genesee and Orleans County Health Departments (GO Health).  “Genesee County is currently maintaining a moderate level of transmission for COVID-19.  This is not surprising as Niagara, Erie, and Monroe Counties are all considered to be at the substantial level of transmission.”

“We continue to monitor the data and update the Genesee – Orleans – Wyoming COVID Case Tracker map daily (https://experience.arcgis.com/experience/5f8401b0516247b490934303e3975e49/),” stated Pettit. 

Although we are not sending daily data updates to the media, the GO Health website is updated on Monday’s and Thursday’s with COVID-19 data and the public can access this information by visiting our website at www.GOHealthNY.org and clicking on Emerging Issues. 

Both Genesee and Orleans are experiencing an uptick of new cases of COVID-19, including some cases where the individuals are fully vaccinated.  This is not unexpected as we are seeing this across the state and nation.  This is what viruses do. Even for those who are fully vaccinated there is a chance the individual may become infected with COVID-19, especially due to the high transmission rate of the Delta Variant.  Although being fully vaccinated may not completely protect someone from getting COVID-19, the vast majority of those who have been fully vaccinated and have become infected had little or no symptoms or serious complications.

It is important for everyone who is not vaccinated and eligible, to get vaccinated as soon as possible. The vaccination is free and clinics are held weekly at each of the health departments (visit: https://bit.ly/GOHealthCOVID for updated clinics and locations). Pharmacies and health care providers also provide the COVID-19 vaccine and you can visit (www.vaccines.gov) for a location near you. If anyone has concerns about whether or not the vaccine is right for them, we encourage them to talk to their primary care provider.  

Per the CDC recommendations for communities with substantial or high spread of COVID-19 we encourage everyone to continue, vaccinated and unvaccinated, to continue practicing the following public health prevention precautions: 

  • 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. 
  • 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 if you are in an area of substantial or high transmission. 
  • 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. 

“The best way to protect yourself from COVID-19 or health complications from COVID-19 is to get vaccinated,” stated Pettit. “Now is the best time to take advantage of getting vaccinated for COVID-19 before the new school term starts and the weather changes and we start moving back indoors”.   

Caller notifies law enforcement of people in water at Indian Falls

By Howard B. Owens

A caller to emergency dispatch reports there are people in the water at Indian Falls.

The caller stated that the people parked their cars in the Log Cabin parking lot, on the south side of the falls, and walked around to the north side to enter the water.

A deputy is responding.

UPDATE 4:15 p.m.: The caller is no longer at the restaurant but provided a description of the vehicles to pass along to a deputy.  The deputy has found the vehicles.

Law and Order: Batavia man accused of forcibly touching Uber driver

By Howard B. Owens

Thomas Matthew Bergman, 22, of Park Road, Batavia, is charged with forcible touching. Bergman is accused of touching the intimate parts of a female Uber driver at 12:49 a.m., Aug. 1, at the Relax Inn on Park Road, Batavia.  Bergman was arraigned in Town of Batavia Court and released on his own recognizance. 

Karrie Morrow, 38, of Batavia, is charged with criminal possession of a substance 7th. Morrow's car was reportedly stopped at 1:15 a.m. on East Avenue on July 31 by Officer John Gombos.  Police say K-9 "Batu" alerted on Murrow's purse on the front passenger seat of the vehicle. The purse allegedly contained "illegal contraband." Morrow was processed at the jail and issued an appearance ticket.

Luis Santiago-Arroyo, 33, of Batavia, is charged with criminal contempt 2nd. Santiago-Arroyo allegedly violated an order of protection by calling the protected party.  He was issued an appearance ticket.

Alex Dumbleton, 28, of Batavia, was arrested in Rochester on three bench warrants out of Batavia and for failing to appear as directed on one arrest warrant. The arrest warrant was for alleged burglary 2nd and criminal contempt 2nd. Dumbleton was arraigned in City Court and ordered held on bail pending his next court appearance on Aug. 25.

Carlene Mahoney, 59, of Batavia, is charged with petit larceny. Mahoney allegedly took produces from a store on Ellicott Street without paying on July 28. She was issued an appearance ticket.

Brittany Lynn Bolton, 21, of Main Road, Stafford, is charged with petit larceny. Bolton is accused of stealing $293.80 in merchandise from Walmart in the Town of Batavia.  She was issued an appearance ticket.

Joseph Michael Dispenza, 27, of Lewiston Road, Batavia, is charged with two counts of harassment 2nd. Dispenza was allegedly involved in an altercation with two people outside the Autozone at 8347 Lewiston Road, Batavia.  He was issued an appearance ticket.

Carl Eugene Goodman, 34, of Main Street, Yorkshire, is charged with criminal contempt 2nd. Goodman allegedly violated a stay-away order of protection by calling the protected party multiple times for no legitimate purpose. Goodman was issued an appearance ticket.

Teresa Marie Stephenson, 31, of Cedar Street, Batavia, and Justin Thomas Stephenson, 36, of Cedar Street, Batavia, are charged with trespass.  Teresa and Justin are accused of being inside a building on Bethany Center Road Bethany, at 2:54 a.m., Aug. 6, without permission.  Both defendants were issued appearance tickets.

Anthony L. Vanelli, 43, of Batavia, is charged with petit larceny. Vanelli was arrested by State Police in the Town of Batavia at 6:10 p.m., July 28. No further details were released. He was issued an appearance tick.

Photo: Attica Rodeo

By Howard B. Owens

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Photos by Philip Casper

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Memorial Final Ride for Dean Wright - A riderless horse with boots turned backward is led around the arena to honor a lost cowboy

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Heat advisory in effect until 7 p.m.

By Howard B. Owens

The heat index today could reach as high as 100 degrees according to the National Weather Service has issued a heat advisory for the region.

The index will at least hit 95 degrees.

High heat and humidity may cause heat-related illness.

The NWS advises: 

Drink plenty of fluids, stay in an air-conditioned room, stay out of the sun, and check up on relatives and neighbors. Young children and pets should never be left unattended in vehicles under any circumstances. 

Take extra precautions if you work or spend time outside. When possible reschedule strenuous activities to early morning or evening. Know the signs and symptoms of heat exhaustion and heatstroke. Wear lightweight and loose-fitting clothing when possible. To reduce risk during outdoor work, the Occupational Safety and Health Administration recommends scheduling frequent rest breaks in shaded or air-conditioned environments. Anyone overcome by heat should be moved to a cool and shaded location. Heatstroke is an emergency! Call 9 1 1.

Rise in gas prices seen as slowing as summer nears end

By Press Release

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.19, up one cent in the past week. One year ago, the price was $2.18. The New York State average is $3.21 – up one cent from last week. A year ago, the NYS average was $2.26. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $3.21 (up two cents since last week)
  • Buffalo - $3.15 (no change since last week)
  • Ithaca - $3.20 (no change since last week)
  • Rochester - $3.20 (up one cent since last week)
  • Rome - $3.26 (up one cent since last week)
  • Syracuse - $3.19 (up one cent since last week)
  • Watertown - $3.23 (up one cent since last week)

In its latest weekly report, the Energy Information Administration (EIA) reported that gas demand increased from 9.33 million b/d to 9.78 million b/d. Not only is the demand reading very robust for peak driving season, but 2% higher than the same time period in 2019. Additionally, total domestic gas stocks declined by 5.3 million bbl to 228.9 million bbl. These trends, combined with high crude prices, have helped to increase pump prices. As crude prices remain high, though back below $70/bbl, AAA expects the national average to remain above $3 per gallon throughout the summer.

From Gas Buddy:

"Motorists have seen average gas prices edge slightly higher over the last week, even as the price of oil saw selling pressure. This leads me to believe that the tide may soon turn on gas prices, so long as we don't see hurricanes target the country. In addition, GasBuddy data showed a decline in gasoline demand last week as we inch towards the end of the summer driving season, a time when demand softens," said Patrick De Haan, head of petroleum analysis for GasBuddy. "With the factors that drive prices higher now softening, I'm hopeful that in the next few weeks, we'll start to see average gas prices declining. However, motorists shouldn't get too excited yet - larger declines will likely not come until late September and October, as we transition back to cheaper winter gasoline."

Darien Town Board votes to not accept county's updated water agreement offer; Corfu signs on; Pembroke TBD

By Mike Pettinella

Village of Corfu? In.

Town of Darien? Out.

Town of Pembroke? To be determined.

That’s the status of three municipalities on the western side of Genesee in the county’s quest to achieve updated water supply agreements from all towns and villages leading up to a proposed $10 million annual sales tax distribution plan.

Corfu, Darien and Pembroke had been holding out on signing the amended water agreements since early July when the Genesee County Legislature introduced its potential solution to revenue distribution by linking it to a reworking of current water supply pacts.

On July 28th, Corfu trustees voted to accept the agreement.

Last week, Darien Town council members voted, 5-0, to not accept the county’s offer.

And this coming Thursday (Aug. 12), the Pembroke Town Board is scheduled to vote on the issue.

A $10 MILLION OFFER

As previously reported, the county needs universal buy-in to the updated water agreements to set a plan in motion to distribute $10 million in sales tax revenue to municipalities over the next 38 years.

Without all towns and villages opting in, the county is proposing to distribute $7 million in annual sales tax revenue and another $3 million in other revenue on a periodic basis over the next 38 years. Municipalities not opting in would receive less in revenue distribution than expected to allow for the equalization of water surcharge revenue.

Contacted Sunday, County Manager Matt Landers explained that money would have to be withheld from communities that don’t sign the agreement to ensure that the water fund is made whole.

“In those cases, it will be the entire community paying for it and not just the water users,” he said. “For the Town of Darien, we’ll make sure water consumption is covered at $1.20 (per 1,000 gallons) if it can’t be covered by a surcharge because there’s a valid contract in place only charging them 60 cents. So, we’ll just have to equalize that through lower revenue distribution payments.”

Landers said he respects Darien’s decision, but welcomes further discussion with Darien Supervisor Steve Ferry Jr. and the board.

“We would love to have a $10 million sales tax sharing agreement in place for the next 38 years to provide that guaranteed revenue source to all towns and villages, but Darien is going to do what it feels is best,” he said. “I understand he’s (Ferry) doing what he believes is in the best interests of his constituents, which a town supervisor would do. I happen to disagree.”

DARIEN BOARD NOT CONVINCED

Ferry said his board rejected the county’s idea for several reasons.

“We have a water agreement in place,” he said. “This is the same resolution that they offered in 2018 and the board, then, rejected it. It was a totally different board but the outcome was the same, a vote of five to nothing.”

He said Darien officials are looking for a master plan to see “what was going to happen in the future” and also for movement toward an equitable, unified water rate in the county.

“We felt that our positioning was that if we signed it, they would still ignore us. So, we did not sign it because it is the only bargaining position that we have,” he advised.

Ferry said the county “ditched the sales tax agreement in 2018 with the towns and village in favor of a contract with the City of Batavia, and now they want us to try and fix it.”

“The two (water and sales tax) shouldn’t even be connected,” he said. “Why is it that we’re tying them together now?”

FERRY: ‘GIVE US A BONE’

When it was mentioned that the Town of Darien would receive less in revenue than entitled to based on assessed valuation, Ferry said, “Possibly, but then again, possibly, I call the AG’s (New York State Attorney General) office.”

“I’m saying, ‘Work with us here. Give us a bone.’ And they did nothing. They would not even produce a letter stating that they would try to equalize the rate within X amount of years – because I think they don’t think they can.”

Ferry said the Town of Darien pays $1.12 more per 1,000 gallons of water than other communities.

“If they make the claim that water pays for water, we on the western side of the county have been paying more for our water to get water out here,” he said. “If the east and the central part need water, why not make them pay more?

“We represent our constituents and if we were to sign this contract … in addition to the old one, and they get charged 60 cents more per thousand (gallons) right off the bat, what else do they get out of that contract? We can’t enter into an agreement that is worse than the one we have without something as an offset.”

Landers said by opting in to updated water agreements, municipalities are ensuring that their water users are paying their fair share of the cost for water.

“One way or the other, Darien will still pay the additional costs – it’s a matter if they want to pay through the entire town or through the water users,” he said. “I still hope and there’s still time since I’ll be back in the office tomorrow and will reach out to Steven and see if there’s anything else that I can communicate.”

LANDERS OPEN TO MORE TALK

He said that he and Legislature Chair Rochelle Stein presented the plan at meetings of the Village of Corfu and Town of Pembroke boards, and indicated that Ferry attended the Corfu meeting as well while another Darien council member was at the Pembroke meeting.

Landers also said he would like to address the entire Town of Darien board – something that hasn’t happened yet – as the deadline for towns and villages to make their intentions known is this Friday.

“I’d be more than willing to have further talks with Steve,” he said. “I’m 100 percent available to Steve and the Darien Town Board to talk some more, and until the 13th comes and goes, there is still an opportunity.”

Calling it a “complex issue,” Landers said the original water agreement has limitations to it as it has a fixed 60-cent surcharge (per 1,000 gallons).

“Genesee County is responsible for bringing an adequate supply of water into the county, and we have incurred significant monies beyond Phase 1 into Phase 2, and now going into Phase 3. If we truly want water paying for water, we can’t live by water supply agreements that are fixed at 60 cents for time in eternity,” he said.

“When we raise the surcharge, we have to raise it across the board for all users because it’s our responsibility to bring supply into the entire county. I realize that Darien and Pembroke don’t see the benefit of paying that extra 60 cents because they received their benefit from Phase 1. But with Phase 3, there will be future enhancements that will benefit them.”

Landers said he was not involved in the first round of water supply agreements with municipalities … and looking back, “the 60 cents didn’t work and that is one of the major factors that we’re trying to change with all of these updated water supply agreements; the ability to have water paying for water.”

PEMBROKE: IT’S A MATTER OF TRUST

When asked about the Town of Pembroke, he said he did not want to speculate, stating only that he has had “a good conversation” with the Pembroke Town Board.

Pembroke Supervisor Thomas Schneider Jr. said he believes there is support for the amended agreement, but also noted “some concerns from the past over the way things have been handled, as far as agreements with the county.”

Citing lingering hard feelings, he said the county has “made agreements that they don’t seem to be concerned about breaking.”

“So, now if we sign on to this new one, what’s to say that it can’t be changed five years down the road. I think that’s the biggest concern that most people on our board have.”

Landers said it’s his job to try and build trust in all the towns and villages and hopes that “over time they will believe what we say.”

An email to Corfu Deputy Mayor Michael Doktor and a phone call to Mayor Thomas Sargent seeking comment were not returned. In fact, there has been no reply to requests from The Batavian from either village official throughout this process.

Previously: Ways & Means passes measures rescinding revenue distribution payments, accepting HCA with Plug Power.

Previously: Genesee's west side municipalities considering county legislature's sales tax/revenue distribution proposal.

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