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Gov. Kathy Hochul at WNY STAMP: Plug Power will get 'the very best people'

By Mike Pettinella

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Gov. Kathy Hochul touted the hard working Western New York community today as she took part in a groundbreaking ceremony to recognize Plug Power, Inc.’s $290 million investment at the Science & Technology Advanced Manufacturing Park in the Town of Alabama.

“There is a strong work ethic here,” said Hochul, a Buffalo native who spent much time in Genesee and surrounding counties during her days as a U.S. Congresswoman and New York State lieutenant governor. “I come from just a little bit down the road – the granddaughter of a steel worker in a steel plant; my dad worked in the steel plant. In Rochester, he worked at Eastman Kodak and many other jobs.

“People are used to working hard, and employers are recognizing it. This is in our DNA. This is what they will get when they come here and invest here. They’ll get the very best people.”

Hochul was joined by Andy Marsh, chief executive officer of the Latham-based Plug Power, which is set to construct a major green hydrogen fuel production plant and a 450-megawatt electric substation that will provide power to the entire STAMP site.

Officials from the New York Power Authority were also on hand at the Genesee County Economic Development Center-coordinate event, which drew around 100 people.

The NYPA board previously approved a 10,000-kilowatt hydropower provision along with $1.5 million in funding from the Western New York Power Proceeds program, and 143 MW of High-Load Factor power that NYPA will procure for Plug Power on the energy market, drastically lowering electric bills through a reduction in electricity delivery chargers.

Other speakers were State Sen. Edward Rath, Assemblyman Steve Hawley, Genesee County Legislature Chair Rochelle Stein and GCEDC Vice President of Operations Mark Masse.

A CLEAN ENERGY REVOLUTION

Hochul said that the location “is the place where the clean energy revolution is happening.”

She thanked officials at the NYPA for “harnessing the power of the Niagara River … and (being able to) spread that energy across the state – literally, spread the energy across the state.”

“To invest here and to send a message that this project is important enough to have your investment, but also to transfer electricity here and power here, and the conversion into green hydrogen. That’s not happening anywhere else; nowhere else are they being that creative,” she said.

She drew a round of applause when she said, “It’s happening here in Genesee County. And as a result, we’ll have North America’s largest green hydrogen production facility here in the State of New York, but right here in Genesee County.”

The governor said she was “so delighted” to be back home again as this county has special meaning to her.

“I heard Mark (Masse) say I was here a few times,” she said. “I was here a few times a week – to your candy stores and your shops and your restaurants and your downtown, and had the opportunity to talk about the Downtown Revitalization Initiative and so many other transformative projects. So, when I come back home here it gives me the sense of not just (being) excited about what we’ve done in the past but the possibilities in the future. And, ladies and gentlemen, the future is starting today.”

THANKING THE 'EARLY VISIONARIES'

She credited “early visionaries” such as Steve Hyde, former Senator Mary Lou Rath, Assemblyman Steven Hawley, Genesee County Legislature Chair Rochelle Stein and local government officials.

“Thank you for never giving up, for always having the faith. Your persistence and patience has paid off. And that’s what today is all about.”

And she thanked Marsh for seeing the possibilities in Genesee County.

“It’s companies, it’s people and it’s also places, and this place has been crying out for an opportunity like this to show what it was really made out of,” she said. “And the location, I’ve always said this. This region is spectacular because of its proximity to two larger urban areas …”

Masse said interest in STAMP from corporate site selectors from the advanced manufacturing sector -- including semiconductor and clean energy -- has never been stronger.

“There’s a long queue of prospects constantly asking for information, meetings and visiting the site. Our region and our site are very suitable for companies such as Plug Power to succeed and make a lasting impact,” he said.

MASSE PROMOTES SHOVEL-READINESS

Noting that the region has 2.1 million people in a 60-mile radius with 57 colleges and universities – and 4,000 engineering graduates annually, Masse said, “The only thing holding us back now is the increasing of our capacities of existing infrastructure to make this site completely shovel-ready.”

“This would have the full water, sewer, electric at the property line for any company looking to locate here so they can move quickly to construct their facility and be up and running as soon as possible.”

Masse said he was hopeful that New York State will continue to make infrastructure investments to advance the shovel-readiness of mega-sites such as STAMP.

Marsh compared Plug Power’s expansion to George Westinghouse’s pioneering electrical network more than 100 years ago.

“Hydrogen is really important, and green hydrogen is especially important,” he said, adding that projections show that 18 percent of the world’s energy is going to come from hydrogen.

MARSH FORESEES ACCELERATION

“And right here in the field will be the first large-scale green hydrogen network, not only in New York, not only in the U.S., but around the world. Just like George Westinghouse did with electricity years and years ago.”

He called that “a great accelerator for this local economy and Plug Power believes, with its investments here, which we hope to continue to grow – with our investments in Rochester – we will see the same.”

Marsh, mentioning that Plug Power’s green hydrogen will power forklifts at several big companies, said that 25 percent of food during COVID moved through Plug Power products.

“It really made the world realize what Plug Power was doing. We were able to raise $5 billion in the public market, which supplements a lot that goes on with support in New York and other places,” he offered.

CLICK HERE for more about today's developments.

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Photo above: Gov. Kathy Hochul speaking at this morning's Plug Power groundbreaking event at WNY STAMP in the Town of Alabama. Photos below: Hochul and Plug Power CEO (center) and other regional and state officials take part in the ceremony; state, regional and local government leaders turned out for the event. Photos by Steve Ognibene.

Le Roy residents will be gettin’ misty at new spray park in 2022

By Joanne Beck

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From gentle mists to powerful downpours, Le Roy town and village residents are in for some water fun come next year.

Town and Village boards hashed out the plan for a new spray park at Wildwood Park during a meeting earlier this month, Le Roy Town Supervisor Jim Farnholz says.

“We all decided on what we liked,” he said during an interview Tuesday with The Batavian. “It’s really something for the community and answers a lot of questions. Our real hope is to open by Memorial Day in 2022.”

Those answers include what to do with a defunct wading pool with several leaks. The spray park will be installed in that space for 2,000 square feet of misting stations, aqua arches, showers, spills, and water weaves of intertwining spouts from the base outward. Activities are geared for kids of all ages and sizes, and the park will be handicap accessible, he said. 

A cooperative effort by both town and village boards, the project is estimated to cost $300,000 to be split by each municipality. The money is coming from the federal COVID-19 American Rescue Plan Act of 2021 (See "Le Royans can move off the creek ..."). Based on each municipality’s assessed property value, these relief funds have a list of requirements for how the money can be spent, Farnholz said. Though the 100 or so pages of specifics were “one of the challenges for municipalities,” the town and village discovered that a spray park fit the scope of the funding. 

“One of the very clear things was that it was designated for outdoor activities, parks, and green space,” he said. 

The new park will have extended hours beyond when the swimming pool is open, will not require a lifeguard, and will provide benches, sidewalks, a flat surface, and an assortment of spray heights so that those in wheelchairs can enjoy it as well, he said. The idea was in discussion before the federal money was even received, he said. 

The board members reviewed other spray parks in Genesee and Wyoming counties but landed on one in Brighton, Monroe County, as the best fit. 

“We like it; it seemed to offer the most different kinds of … mister stations, a dump bucket, and little ones for smaller kids,” he said. “It addressed a lot of issues.”

Brighton’s spray park, amongst many others, was installed by Texas-based company Water Odyssey, he said. The town and village have agreed to move forward with the same company as “a lot of municipalities were very happy,” with it. 

Town and village public works crews will perform the tear-out and site prep for the project to save some money, he said. Other work will include dealing with wastewater and electrical upgrades, he said. 

“Once we decide on a specific plan, they can provide the site prep information,” he said. “I’m hoping for it to be in the next week or two.”

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OAE girls make 32 shots on goal but can't get the scores they need for win

By Howard B. Owens

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The Oakfield-Alabama/Elba girls soccer team ran into a great goalie for Canisteo-Greenwood in their final game of the season leading to a 4-2 loss in a shootout.

The Hornets finish 9-7-1.

Goalie Lily Davis made three saves.

The CG goalie made 32.

Christina Bartholomew and Macy Altamirano made their kicks in the shootout.

Head Coach David Carpino said, "We dominated play and possession but ran into a solid goal keep and hit posts and just couldn't put one in."

Photos by Kristin Smith.

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DSS announces two convictions in welfare fraud cases

By Press Release

Press release:

Elizabeth Gates, 43 of Bensalem, PA formerly of Batavia, pled guilty to one count of petit larceny in Batavia town Court on September 28, 2021.  Sentencing has been scheduled for December.

Gates was originally charged with six counts of first degree Offering a False Instrument for Filing, seven counts of third-degree Forgery and one count of third-degree Grand Larceny after an investigation by Genesee County Social Services Investigator Robert Riggi revealed that gates forged signatures on several documents and providing false information in order to qualify for SNAP benefits.

Full Restitution of $7,792.00 has been made to the Genesee County Department of Social Services, and Gates will be disqualified from receiving SNAP benefits for one year.

Corrine Navarra, 40 of Oakfield, pled guilty to one count of Petit Larceny in Batavia Town Court on October 19, 2021 and was sentenced to a one-year conditional discharge.

Navarra was originally charged with one count of third-degree Grand Larceny and one count of third-degree Welfare Fraud after an investigation by Genesee County Social Services Investigator Robert Riggi found that Navarra failed to report that her husband’s income from a new job or that she had been laid off and was receiving unemployment insurance benefits, resulting in her receiving $3,840.00 in SNAP benefits she was not entitled to.

Full restitution has been made to the Genesee County Department of Social Services and Navarra will be disqualified from receiving SNAP benefits for one year.

Anyone wishing to report suspected cases of welfare fraud in Genesee County can contact the Genesee County Department of Social Services Fraud Unit at (585) 344-2580, ext. 6417 or 6541.

Jacobs meets with Arc GLOW leadership, tours Elba facility

By Press Release

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Press release:

Representative Chris Jacobs met with Arc GLOW leadership Monday and toured the agency’s Day Habilitation Center on Barrville Road in Elba.  During the tour, he had a chance to meet individuals with disabilities who attend the program there and greet some of the staff.

Following the tour, Jacobs spent over an hour with Arc GLOW leadership including Chief Executive Officer, Martin Miskell, Board President Cheryl Englert, and Board Vice President Debrah Fischer. 

CEO Martin Miskell shared news of the recent merger of Arc of Genesee Orleans and The Arc Livingston-Wyoming, resulting in Arc GLOW, geographically the largest chapter of The Arc New York.  The disability provider’s four-county service area now covers roughly 2,400 square miles and serves nearly 2,000 children and adults with intellectual/developmental disabilities and their families and employs 1,000 staff members.

The group discussed advocacy priorities including the Better Care Better Jobs Act. This bill includes an investment in the disability service system as part of a COVID-19 economic recovery to support care for Medicaid recipients, and create more and better jobs for the workforce that provides that care.

Team members discussed the staffing shortage Arc GLOW and its sister chapters throughout the State are experiencing, and the need to secure adequate government funding to pay Direct Support Professionals a wage commensurate with their ability, experience, and performance.

The importance of employment opportunities for individuals wanting a job in the community was also brought to the table, as October is National Disability Employment Awareness Month.

Congressman Jacobs said he was honored to tour the Arc GLOW facility in Elba to see firsthand the critical services provides to individuals with intellectual and developmental disabilities in our rural communities. “Organizations like Arc are crucial to providing essential support and educational services, as well as providing members of our I/DD community with meaningful employment opportunities. The leadership is incredibly passionate and doing a wonderful job, and I look forward to continuing our strong partnership to improve access to these services,” Jacobs said.    

Submitted photos.

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Jacobs meets Danny.

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Alicia,  Kathy, and Day Hab Specialist Kristen Ace with Jacobs as he receives a puzzle.

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Jacobs meets Day Hap Center Nurse Michele Batt.

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 Board President Cheryl Englert, Congressman Chris Jacobs, CEO Martin Miskell, and Board Vice President Debrah Fischer.

 

Pembroke to unveil Wall of Honor on Nov. 21

By Press Release

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Press release:

The Veterans Outreach Club is excited to announce that the ceremony for the opening of the Pembroke Veterans’ Wall of Honor will be held on November 21st. The Veterans’ Wall of Honor is open to those that attended Pembroke Schools through high school or left early to serve in the military. Each veteran or current military member will have an individualized plaque with his/her name, branch of service, branch insignia, and year of graduation. The plaques were designed by club members and are made here at school.

The Opening Ceremony will be held on November 21st at 1:00 pm in the High School Auditorium. This is a communitywide event and all are encouraged to attend. This is going to be a celebration of our very own heroes who have served our country. There will be an array of speakers ranging from current and former military, local and state politicians, and members of the Veterans Outreach Club. Also, being invited to attend are the Honor Guard, Patriot Guard, representatives of the local fire and police departments, Girl Scouts and Boy Scouts. Other interested local groups are welcome to attend as well.

The ceremony will also have an important and solemn commemoration in honor of Clarence J. Hall. C. Jay was a Pembroke graduate from the class of 1967. In 1969, he was drafted to serve in the conflict in Vietnam. While engaged in a firefight, C. Jay acted with great courage and was credited with saving the lives of several of his comrades. C. Jay exposed himself to hostile fire from the enemy and placed a devastating volume of suppressive rounds upon the aggressors' emplacements, allowing his comrades to take cover. While maneuvering to a more advantageous firing position, C. Jay was mortally wounded. For his unquestionable valor, while engaged in military operations, Specialist Four Hall was awarded the Silver Star. The Silver Star is America’s third-highest award for valor. C. Jay is the brother of Sandy Hall, a long-time math teacher at Pembroke. Sandy will be in attendance for the honoring of her brother. Pembroke members of the military from the Vietnam Era are being contacted to help in this commemoration. 

After the ceremony, veterans will be invited to see the Hall of Honor for the first time, then all other attendees will make their way through the Wall of Honor hallway. A reception in the gymnasium will immediately follow. We hope to see you all there. Thank you for your support. For questions or contributions, please contact Veterans Outreach Club Supervisor - Matt Moscato - wallofhonor@pembrokecsd.org or  585-599-4525 ext. 1107 or my cell phone # 716-353-5768.       

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Patio homes/building lots development project is back on the Le Roy Village Board's agenda for tonight

By Mike Pettinella

Update, 3 p.m.: Le Roy Village Mayor just reported that the Village Board will not be deciding the fate of this project tonight, but plans to complete the State Environmental Quality Review process. He said he is looking into scheduling a meeting for Nov. 1 for the vote, although that date has yet to be confirmed.

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The housing development being proposed by a Batavia businessman returns to the public arena tonight when the Le Roy Village Board convenes its regular monthly meeting at Memorial Auditorium on Trigon Park.

Eric Biscaro’s plan to construct 30 duplex units for residents 50 and older on a 20-acre parcel of land off East Avenue in the village (photo at top) has drawn much attention over the past five months – and a great deal of opposition from a vocal group of citizens who live in the East Avenue, Poplar Lane, Orchard Drive neighborhood.

Those calling for the village board to turn down the project – which requires rezoning from Residential to Planned Unit Development – have given various reasons, including it’s not a good fit for the area, increased traffic and stormwater runoff.

However, there have been LeRoyans who have spoken favorably of the venture, which also includes extending East Avenue to accommodate 18 single-family building lots. Those supporting it have pointed to studies that show Le Roy (and Genesee County) lack adequate housing for seniors and also have mentioned the tax revenue the project would generate.

So, after a recommendation of approval by the Genesee County Planning Board, two previous well-attended public hearings, and some back-and-forth dialogue on The Batavian, the matter is back on the village board’s agenda, with proceedings to begin at 7 o’clock.

Mayor Greg Rogers, contacted earlier this week, said board members seem to be satisfied with traffic and stormwater runoff studies conducted by the CPL engineering firm hired by the village.

“Yes. We’ve reviewed CPL’s study of the water and traffic issues and they’re (CPL) good with that,” he said.

The pressing concern now, he said, is what to do about Biscaro’s offer to put the East Avenue extension in himself, with minimal assistance (around $30,000) in the way of stone, gravel and trucks from the village. The developer also is seeking a $7,000 cap on building permit fees (which represents about a 50 percent discount).

Rogers said that no decision has been made by the board as far as Biscaro putting the road in.

“He has proposed putting the majority of the roads in for the 60 units (senior housing complex) and the 18 building lots on an extension of East Avenue,” Rogers advised. “The board is looking at a commitment of $50,000 to $75,000 toward the road extension.”

The board is thinking about spending that much because the current village code stipulates that curbs and storm sewers come with the installation of new roads.

“That definitely will be part of the conversation Wednesday (tonight),” he said.

Biscaro, using his Clinton Crossings Adult Community as an example, contends that curbs and storm drains aren’t necessary and “do not make the neighborhood.”

“Curbs trap the water on the street and force it to the storm drains,” he said. “You all heard the complaints about water in the storm drains going into the culvert under East Avenue and on to the golf course. Why do it? It’s not necessary. Our stormwater plan already takes care of any water on that street without sending it on to anyone else.”

The owner of Armor Building Supply in Batavia, Biscaro said he has multiple plans that will meet New York State Department of Environmental Conservation requirements and will present those, as well as a Letter of Compliance, to the board.

He said the “pros” of the project far outweigh the “cons” when it comes to being a benefit for the Village of Le Roy.

Biscaro said he got involved with the village after receiving word from Rogers that the board was considering an investment of up to $1 million to extend East Avenue. The proposal also includes opening up South Avenue as an emergency exit/entrance to South Street.

“A vote for the project will lead to quality built patio homes with garages built for easy senior living with no maintenance and more importantly no worries, and a nice new street where beautiful single-family homes will be built,” Biscaro said. “Maybe someone’s children or siblings can build and stay in Le Roy.”

As he did at the last public hearing, Biscaro – who said he will be investing $9 million over the next five years -- brought up the positive tax implications for the village.

“The current annual tax receipts for that property is approximately $1,360 -- $400 to the village and $960 to the (Le Roy Central) school district,” said Biscaro, who is seeking a Payment in Lieu of Taxes agreement with the Genesee County Economic Development Center. “In just the first year alone, the village would get $2,400 and the school would receive $5,760.”

He said the cumulative totals after 10 years would equal $311,500 to the village and $747,600 to the school district.

“If the board votes against it, it’s the same $1,360 year after year,” he said.

Biscaro said he is committed to building something that will enhance the neighborhood, which has been called a “jewel” by its residents.

“The issue right now is that we have nothing at this location and very little income,” he said. “We need to work together to create something out of this scrub land section of the village, and make this development another gem of the neighborhood.”

Two vehicles and deer involved in accident on Route 77

By Howard B. Owens

Two vehicles and a deer are reportedly involved in an accident in the area of 9888 Alleghany Road, Corfu.

No word on injuries.

Law enforcement dispatched.

UPDATE 10:41 p.m.: Five vehicles have now reportedly struck the deer.

 

Genesee County legislators call on G/FLRPC to provide answers to broadband availability question

By Mike Pettinella

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As a Genesee County legislator representing the rural towns of Elba, Byron and Bergen, Christian Yunker said people are constantly coming up to him to ask when they will be getting broadband internet service in their area.

“What do I tell them?” Yunker asked on Monday, pointing his question to Paul Gavin, the just-hired executive director of the Genesee/Finger Lakes Regional Planning Council.

Gavin was at the legislature’s Public Service Committee meeting at the Old County Courthouse to introduce himself and inform the committee of some of the agency’s priorities heading into 2022.

He was joined by Jay Gsell, the former longtime county manager who was employed as G/FLRPC’s interim executive director over the past year, and Richard Sutherland, a planner with the organization that serves the nine Finger Lakes Region counties, including Genesee, Livingston, Orleans and Wyoming.

Gavin’s reply focused on initiating a broadband internet gaps analysis, which could take up to six months to complete, and then lining up financing, addressing any issues that invariably will pop up, and contracting with an Internet Service Provider.

“I would tell them that we’re at least a year away,” Gavin said, adding that the process would be shortened with the use of local and/or state funds. “(By having to obtain) federal funding, it takes longer.”

Gsell, who was charged with streamlining the agency’s operations in the temporary role, said that Genesee and Wyoming counties have yet to reach a level where they can take a broadband internet plan to a third party (such as Spectrum or Empire Access).

County Manager Matt Landers said Genesee has “already informally set aside a portion of our ARPA (American Rescue Plan Act money) to go toward this.”

“I know that some of our towns are better positioned – and have some funds set aside – to implement it,” he said.

Sutherland said that New York has authorized a broadband gap study for every county, looking for citizen participation to determine internet speed, availability in certain areas and what people would be willing to pay for the service.

He said the state’s Public Service Commission is hoping to complete the study by May 2022.

Landers said Genesee can’t enact a plan without countywide data of where the gaps are with all of its providers – noting that most information is proprietary.

It’s important to know the financial means of the towns and “critical to have that data first,” he said.

Gavin suggested that counties pressure the PSC by emphasizing the urgency in getting something done and to work with the G/FLPLC to implement a strategy that works best.

A Dunkirk native, Gavin is joining the regional planning council after holding a similar position with the Gulf Regional Planning Commission in Biloxi, Miss. Previous to that, he worked for the Port of Pascagoula (Miss.) and Department of Transportation in New York and Nebraska.

He is a graduate of the Merchant Marine Academy and St. Bonaventure University. He and his wife and daughter will be residing in the Rochester area, he said.

Gavin credited Gsell for his role in the G/FLRPC’s designation as an Economic Development District.

“That’s important … as it allows you to spend economic development administration funds and, as you know, they’re really flowing from the federal government right now,” he advised.

He said the G/FLRPC is available to assist counties with grant writing, strategic planning, land planning.

“We want you to turn to us and look for us to help you. Yes, you can go to consulting firms and yes, they will do a fabulous job, and yes, you will pay much, much more for that service that we can provide for you,” he said.

Gavin and Gsell said the agency is seeking a 10 percent increase in annual county contributions, from $9,600 to $10,600. The last increase came in 2002.

“The preliminary 2022 budget draft includes many operating expense reductions and continues our long-term history of strategic yet frugal budgeting and cost containment,” Gsell reported.

Photo: Jay Gsell, left; Paul Gavin and Richard Sutherland. Photo by Mike Pettinella.

Grand Jury Report: Man accused of strangling a person, attacking a child

By Howard B. Owens

Kaleb J. Bobzien is indicted on counts of strangulation in the second degree, criminal obstruction of breathing or blood circulation, two counts of harassment in the second degree, two counts of criminal mischief in the fourth degree, four counts of criminal contempt in the second degree, and three counts of tampering with a witness in the fourth degree. On June 24, in the Town of Batavia, Bobzien allegedly applied pressure to the throat of another person and caused that person to lose consciousness for a period of time. He's also accused of blocking the nose and mouth of another person, a person under age 17.  He also allegedly threatened a victim. He allegedly broke a vape pen that belonged to the victim. He also allegedly damaged the backpack of the underage victim. He allegedly violated an order of protection. He allegedly tried to stop a person from testifying in the case. 

Aaron M. Hatt is indicted on counts of burglary in the second degree, criminal contempt in the first degree, two counts of endangering the welfare of a child, and aggravated family offense, criminal contempt in the second degree. Hatt is accused of entering a building on Broadway in  Alexander on April 28 with the intent to commit a crime within the building. He is accused of violating an order of protection at that time by intentionally harassing, annoying,  or threatening a person in that residence. He is accused of applying pressure to the throat of a family member.  There was a  child present at the time of the alleged offense. 

Robin S. Brooks is indicted on a count of bail jumping in the first degree.  Brooks is accused of failing to appear for a court hearing on April 20  or within  30 days of the scheduled appearance.

Cesar G. Molina is indicted on a count of driving while ability impaired by drugs as a felony because of a prior DWI conviction.  Molina is accused of driving under the influence on 29 December in the Town of Byron.

Jarrett C.  Coniglio is indicted on two counts of assault in the second degree, a  count of resisting arrest, and a count of obstructing governmental administration. Coniglio is accused of causing injury to a  police officer while attempting to stop the officer from performing his official duties on  July 23 in the Town of Alabama. He's accused of causing injury to another person with a glass bottle. 

Mark L. Farley is indicted on a count of criminal contempt in the first degree, a  count of unlawful imprisonment, a  count of harassment in the second degree, a  count of burglary in the second degree, and a count of criminal contempt in the second degree, On Dec. 31, Farley allegedly violated an order of protection at a  residence on  Harvester Avenue by striking or threatening another person. He allegedly restrained another person. He allegedly went into the building with the intent to commit a crime. 

James D. Weathers is indicted on a count of criminal possession of a weapon in the second degree.  Weathers is accused of knowingly possessing a loaded Glock 19  handgun while in the Town of Stafford on  Oct. 31, 2020.

Connor L.  Andrews is indicted on a count of criminal possession of a  controlled substance in the fifth degree, a count of driving while ability impaired by drugs, and three counts of criminal possession of a controlled substance 7th degree. Andrews was charged after being stopped in the Town of Le Roy on May 3. He was allegedly found in possession of cocaine, meth, Alprazolam, and Oxycodone.

Timothy J.  Passage is indicted on a count of criminal possession of a forged instrument in the first degree.  Passage is accused of trying to use a counterfeit $20 bill at the Tim Horton's in Pembroke on March 20.

Jamie A. Dutton is indicted on a  count of criminal mischief in the third degree, criminal trespass in the second degree, and criminal possession of a controlled substance in the seventh degree. Dutton is accused of damaging the property of another person valued at more than $250 on Feb. 27 at a location in the City of Batavia. He was allegedly unlawfully in a property with permission and in possession of cocaine.

Sponsored Post: New Listing alert from Reliant Real Estate: 5650 Little Canada Road, Bethany

By Lisa Ace


NEW LISTING: 5650 Little Canada Road, Bethany. Super solid and move-in ready country ranch! This 3 bedroom home is neat and well maintained with many nice updates. New flooring throughout upstairs, bath remodeled in 2015, new well pump August of 2021 and public water coming very soon! Roof and Generac generator both installed a little over 10 years ago. Basement is partially finished and would need very little to update and increase your living space! High and dry with an awesome little workshop and lots of great storage. Sitting on almost 1 full acre there is a newly installed back patio overlooking deep back yard. Conveniently located to most major routes this is definitely one to check out! Click here for more infomation and call Lynn Bezon at Reliant Real Estate today - call 585-344-home (4663).

Second Annual GO Art! Golfball Drop

By James Burns

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GO Art! Of Genesee and Orleans Counties held the 2nd annual Golf Ball drop at Terry Hills Golf Course and Banquet Facility on Tuesday morning. The event had been delayed by weather. Event sponsor Zeliff Aviation dropped a few thousand golf balls on a beautiful fall day over the course. Jerianne Bruce was the grand prize winner of $2,000 and Dave Beatty and Mathew Johnson were runners-up winning prizes donated by Terry Hills. 

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Genesee County EMS moves into 'The Drone Age'

By Mike Pettinella

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Photos: Tim Yaeger, left, coordinator, and Gary Patnode, deputy coordinator, of Genesee County Emergency Management Services check out the features of the department's new Autel Robotics EVO II drone that will be used to assist in emergency situations. The 8-pound device can fly to a maximum height of 400 feet, has hovering capability and a memory feature that enables it to return from the point that it was launched. Currently, Dan Coffey, a New York State fire instructor and deputy fire coordinator for the Center Battalion, is the only authorized pilot, but others will be trained to operate it. Photos by Mike Pettinella.

Previously: Emergency Management Services receives its first drone 

Le Royans can move off the creek and onto a new ice skating rink this winter

By Joanne Beck

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Le Roy’s town and village officials are tackling outdoor recreation from both perspectives: liquid and frozen water. 

A new spray park is to begin sprinkling by or before June 2022 at the current wading pool site at Wildwood Park (See "Le Roy residents will be gettin' misty ..."). But long before that, a temporary winter recreation will be in place before the end of this year, Le Roy Town Supervisor Jim Farnholz says.

“Our hope is to have that up by December,” Farnholz said Tuesday to the Batavian.

A rectangular-shaped ice skating rink will be available at Bunnel Park, weather permitting. Beyond the makeshift structure filled with water, all that’s required are brisk temperatures to freeze it. Then lace up and glide to your heart’s content. 

Farnholz mentioned the more romantic — and nostalgic —  notion of couples and families skating on Oatka Creek. Those days have ended with fluctuating climates and safety concerns for people going out on the creek.

“It’s tough to make sure it’s frozen all the way,” he said. “(The rink) will have much longer access and much earlier access.”

Funding for the ice skating rink will come from federal COVID-19 relief funds, officially called the American Rescue Plan Act of 2021, he said. 

Due to complications from COVID-19, Congress moved to pass the American Rescue Plan Act of 2021 to provide $350 billion for state and local governments. The Act officially became law in March 2021. This bill provides additional relief to address the continued impact of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. For local governments, the funding amount was determined by population, and these municipalities are to receive their allocations in two installments – the first half 60 days after enactment and the other half one year later. 

Photo: File photo from 2018 of hockey on the Oatka Creek.

GCEDC VP says he looks forward to 'a more collaborative relationship' with Tonawanda Seneca Nation

By Mike Pettinella

The vice president of Operations for the Genesee County Economic Development Center today said he “wholeheartedly agrees” with a statement from the Tonawanda Seneca Nation calling for improved working relations between the two entities in connection with the Western New York Science & Technology Advanced Manufacturing Park in the Town of Alabama.

Lawyers for the Tonawanda Seneca Nation put out a press release over the weekend, reporting that a settlement was reached with the GCEDC after legal action by the Nation over the Plug Power project was dismissed by Acting Supreme Court Judge Charles Zambito.

The settlement spells out several items worked out between the Nation and the GCEDC. The press release indicated that the Nation is “hopeful that the agreement can be the framework for a more collaborative relationship with GCEDC and Plug Power moving forward.”

“I wholeheartedly agree with that statement,” said Mark Masse, GCEDC VP of Operations. “We certainly want to work together and be good neighbors as we continue to develop the STAMP site.”

Masse said the main part of the stipulation is that the Nation would not pursue further litigation on the Plug Power project, and it wouldn’t appeal and would challenge any of the other permits that would be issued “as long as they’re issued in the normal course of business.”

“So, some of things we did agree to is to have an on-site archaeological monitor, which is something that they requested,” he said. “There are some wetland areas and a buffer along the western boundary that will be under a conservation easement that ensures there will be no encroachment upon their territory. We had proposed a buffer anyways.”

The settlement also calls for assistance with job training for businesses that are at the STAMP site, prohibiting Plug Power from using pesticides on the protected lands and having cultural resource monitors onsite during earthmoving activities to help identify and protect any unanticipated cultural resource discoveries.

Additionally, around 200 acres (near Seneca Nation territory) of the 1,250-acre site will be protected from development.

Masse said that the GCEDC plans to develop only about 650 acres because the rest of the area is protected wetlands.

No money changed hands as a result of the settlement, Masse added.

City attorney: WWTP levels are heading in right direction; O-At-Ka has to abide by conditions of permit

By Mike Pettinella

Recovery of the lagoons at Batavia Waste Water Treatment Plant is heading in the right direction, according to the city’s attorney, but the end to limiting the discharge from the O-At-Ka Milk Products facility is likely several weeks away.

“We’re closely monitoring the ponds and are seeing signs of progress to determine if the BOD (Biochemical Oxygen Demand) recovery is on track,” George Van Nest said on Monday. “We’re checking it daily, twice a day, and also monitoring O-At-Ka’s loads. But the ponds are still not fully recovered at DO (Dissolved Oxygen) levels and they need to sustain (permitted levels).”

Over the past few weeks, O-At-Ka has had to pay companies to truck wastewater from its Cedar Street plant due to discovery of excessive levels of biosolids being discharged into the WWTP, costing the company around $25,0000 per day, Chief Executive Officer Bill Schreiber said.

O-At-Ka has called upon the city to sit down with company officials and the New York State Department of Environmental Conservation to find “a three-party solution” to bridge the gap until the Upstate Niagara-owned business completes a $6 million on-site pre-treatment plant project in the next six to eight weeks.

Contacted on Monday, Schreiber said he was “hopeful that we will be able to schedule a three-party meeting in the near future.”

“Our goal remains to discuss the implementation of potential solutions to accelerate the recovery of the city’s lagoons,” he said.

BOD Load Levels Are Improving

Van Nest said the city had no choice but to send a cease-and-desist letter to O-At-Ka on Sept. 23 because the BOD loads were too high.

‘We have seen significant reductions as a result of the trucking, but even with the trucking, there have been only three days below the permitted level, and closer to the level on several days,” he said.

The code gives the municipality the right to cease-and-desist, and allows the city to shut off discharges to the system completely, he said.

“The city has not done that. We’re working to get the discharge limits met and in compliance while the pond recovers.”

Van Nest said that O-At-Ka’s offer to pay any fines incurred for excessive discharge into the WWTP is not an answer to the problem.

“The ponds need to operate properly. It’s not a matter of we can indemnify you (the city) by discharging beyond the permitted level,” he said, adding that the city is responsible to its taxpayers.

“It’s taking some time to recover. We’re looking for sustainability and believe that is fairly a short-term to get to the point where engineers (working with the city) and (the WWTP) operator is comfortable with (the levels). These are 30-acre ponds, and the volumes are huge.”

'Permit Sets The Conditions'

Van Nest, when asked about a three-party solution as proposed by Schreiber and John Gould, Upstate Niagara chairman of the board, said “the solutions they are pushing for are related to the plant … and the (State Pollutant Discharge Elimination System) permit sets the conditions.”

“The city is open to meeting with O-At-Ka and its engineers,” he said. “We’re ready, willing and able to sit down with them and look at other potential solutions.”

Still, he said he doesn’t believe any of the alternatives offered by O-At-Ka will reduce the time needed for the ponds to recover to permitted DO levels.

“They mentioned cleaning the diffusers. That would be a public project that needs to be bid, let and issued, and funded. It’s a long process that would take a lot of time,” he said. “And how much of an impact would that have on the oxygen levels in the pond?”

Van Nest said sampling data showing elevated BOD and TSS (Total Suspended Solids) levels indicate that O-At-Ka increased its production capacity beyond its pre-treatment capacity.

Schreiber countered that by mentioning that the characteristics of O-At-Ka’s wastewater haven’t changed.

City Has Been Collecting Surcharges

“These are the same loads we’ve been putting down historically,” he said. “We’ve paid the city surcharges for those loads. They’re well aware of what the characteristics of what our wastewater have been and they’ve happily collected those surcharges.”

He said O-At-Ka has paid approximately $60,000 per quarter in surcharges, which are for BOD and TSS over the permitted level of 300 parts per million.

O-At-Ka’s existing pre-treatment plant is between 15 and 20 years old. In January of this year, the company’s board of directors approved a $6 million capital project to put in a new pre-treatment plant (located off Cedar Street).

“Originally, we had planned to have that up at the end of October or early November, but like everybody else, we’ve experienced a number of supply chain challenges that have pushed the date out to mid-December,” Schreiber said.

“But, again, looking to control the things we can control – such as flows down the drain – we’ve redoubled our efforts to expedite getting components here, and we think we’ll be able to get it operational between the middle of November and early December.”

Even if that’s up and running in five weeks, it would cost O-At-Ka around $875,000 to haul the wastewater to other locations.

Schreiber said O-At-Ka typically discharges around 575,000 gallons of wastewater – a milky water mixed with detergent – to the WWTP. Now, with the restrictions, that amount is 475,000 to 500,000 gallons per day.

Pre-Treatment Upgrade Underway

O-At-Ka’s current pre-treatment operation consists of two separate 150,000-gallon equalization tanks that balance pH and BOD loading, Schreiber said. The wastewater flows to the Primary Dissolved Air Flotation, which can process 360 gallons per minute, removing 25 percent of the solids.

After that, it goes to the digester, removing organic materials at 330 gallons per minute, and leaves an Immobilized Cell Bioreactor and flows through tubes that mix wastewater with chemicals to provide coagulation and flocculation. Lastly, the wastewater flows through the Secondary DAF, removing 85 to 90 percent of solids.

“The pre-treatment plant upgrades will double EQ capacity and significantly enhances the ability to remove BOD and TSS,” Schreiber said.

He said the new EQ tank is 600,000 gallons and the new moving Bed Bio Reactor can process 12,000 pounds of BOD per day. The company also has purchased three 250-horsepower blowers to make the process more efficient, and is installing an additional DAF capable of 540 gallons per minute to augment the existing unit.

Previously: O-At-Ka offers alternatives, claims city is protected as it seeks to end hauling of wastewater from its facility

Traffic being blocked on Townline Road in Byron due to wires down

By Howard B. Owens

There are electrical wires down in the roadway in the area of 6749 Townline Road,  Byron.

Fire police are requested for traffic control.  Traffic is being blocked at Ivison Road.

A pole is down.

We do not know the cause.

Byron and South Byron fire departments are handling the call.  Law enforcement is also on scene.

Emergency Management Services receives its first drone

By Mike Pettinella

Genesee County Emergency Management Services received its first drone today, the department’s coordinator reported to the county legislature’s Public Service Committee.

Tim Yaeger said the drone, which actually is the county’s second (the Health Department also has one), will be used in situations involving hazardous materials, fire, search & rescue and other public safety issues.

He said the drone cost about $11,000 and was bought with Homeland Security funds. The type of drone that could be purchased, and the policies and procedures governing its use are set by New York State.

"In public safety terms, this is a beginner's drone," Yaeger said. "We wanted to start small and expand based on need."

Yaeger said the applications are varied -- from damage assessment to situational awareness to assistance in active fires and post-fire investigation to search-and-rescue operations. The drone features a thermal imaging camera attached to the regular camera.

One person has been trained as a pilot and a couple others will follow in that role, Yaeger said, noting that training will take place at the State Preparedness Training Center in Oriskany.

Public demonstrations will take place in the near future, he advised.

Yaeger said drones were one of the topics discussed at the 2021 Homeland Security Conference in Las Vegas from Aug. 29-Sept. 3. He was able to represent Genesee with expenses paid for by a grant provided to the county.

“We’re beginning to see drones up in the air and flying illegally, outside of the FAA (Federal Aviation Administration) certifications that they were given,” he said. “It’s something to be on the radar – that we have to look at for primarily large gathering facilities. Darien Lake comes to mind.”

He said that people are using drones to drop basketballs filled with contraband into prison yards.

“A basketball with things that aren’t supposed to be in prison, like cell phones. They fly over the top of the fence and they drop the basketball. The basketball bounces and they think it’s just recreational equipment that was left out by someone,” he said. “Now, they’re tracking these and it was an absolutely amazing technology.”

Yaeger also said technology is being utilized by emergency management and law enforcement to combat civil unrest.

“Getting better information and critical information back to the EOCs (Emergency Operations Centers) and back to law enforcement and 911 Centers,” he said. “It’s just coming faster and faster as we move through these uses of technology.”

He said emergency managers are being instructed to consider diversity in their communities in developing operational strategies.

“How we operated 30 years ago when fire, EMS and law enforcement within our population is not how we should be operating today. So, there are a lot of lessons learned by us reaching out to those communities,” he said. “Sometimes were in a silo and we think we know what those citizens are thinking … “

Yaeger said his staff will look at examples of communities that have initiated effective outreach programs.

Conference seminars also dealt with the collapse of the apartment complex in Florida and cybersecurity, Yaeger reported.

Ninety-eight people died when the 12-story Champlain Towers South collapsed in Surfside, near Miami, in the early morning hours of June 24.

Calling it a “very depressing event,” Yaeger said the seminar provided insight into "the psyche of the first responders to go to an event with very few survivors if any, and how we treat those first responders mentally to deal with those types of things … and also seeing those first responders deal with the anguish and disappointment that they’re not able to help.”

“It was not a very uplifting presentation but it was very well done,” he noted. “Just to see what other communities have done and how they deal with those mental issues that are out there, for not just the families of the victims … but, more importantly, from our perspective, the first responders and how to deal with that.”

On the subject of cybersecurity, he said National Grid personnel are concerned about the vulnerability of infrastructure, telecommunications, power systems and transportation systems.

He said emergency managers need to have a contingency plan in the event of a cyber-attack.

Genesee County earns NWS 'StormReady' designation

By Mike Pettinella

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When it comes to being prepared for natural disasters, especially weather-related events, Genesee County is flying above the storm.

That was the message shared this afternoon by Judith Levan, meteorologist in charge of the National Weather Service’s Buffalo Office, as she announced the county’s standing as an NWS StormReady community.

Levan and Mike Fries, NWS warning coordination meteorologist, presented the StormReady office sign and certificate, to Tim Yaeger, coordinator of the county’s Emergency Management Services department, at a meeting of the County Legislature’s Public Service Committee at the Old County Courthouse.

“It is with great pleasure that I am here to represent the National Weather Service to present a StormReady community sign to Genesee County for its efforts to become recognized as a Storm Ready community,” she said. “In particular, I’d like to extend our sincere appreciation to Tim Yaeger … for the tremendous effort he has exhibited to accomplish the goals set forth in the program.”

Levan said that EMS employees have cultivated a strong working relationship with the Buffalo NWS Office, adding that she and her staff “recognize the diligent effort to maintain community readiness in anticipation of natural disasters of any type.”

“We do not look forward to any other natural disasters, however, if and when another does occur, you can be confident that officials in the county have improved their communication and safety skills needed to save lives and property. You are an excellent example for other municipalities in New York State and I applaud you for your efforts,” she said.

Noting that severe weather or flood warnings are ineffective if they aren’t communicated to those potentially affected, Levan said that the Genesee County-NWS partnership is such that “all aspects of communication, warning reception and response are sufficient as possible and that there are many backups in place in case one or more systems fail.”

She said that several requirements must be met to be recognized as a StormReady community:

-- The establishment of a 24-hour warning point and emergency operations center;

-- Having multiple ways to receive severe weather forecasting warnings to alert the public;

-- Creating a system that monitors local weather conditions;

-- Promoting the importance of public readiness through community seminars and education;

-- Developing a formal hazardous weather plan that includes training severe weather spotters and holding emergency response exercises.

StormReady communities have the improved communication and safety skills needed to save lives and property before and during the event,” Levan said. “I’m happy to say that Genesee County has not only met these criteria, but has substantially exceeding them in many categories.”

Photo: From left, Legislator Gordon Dibble, Tim Yaeger, Judith Levan and Mike Fries. Photo by Mike Pettinella.

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