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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.

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.

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.”

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.

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.

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 

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.

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

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.

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.

Tommy Crawford, 32, of Rochester, is charged with criminal possession of a controlled substance 7th, criminal impersonation, unlicensed operation, aggravated unlicensed operation, and failure to stop at a stop sign. Crawford was arrested on Oct. 10 following a traffic stop at 1:09 a.m. on  Miller Avenue. He is accused of providing police with a false name. After Crawford was identified, officers determined he was the subject of multiple outstanding warrants issued by the City of Batavia along with several issued by other agencies. He was also allegedly in possession of crack cocaine. He was arraigned in City Court and bail was set at $100.

Devon A. Wright, 19, of Batavia, is charged with obstructing governmental administration and unlicensed operation  3rd. Wright was arrested on Oct. 9 for charges stemming from an incident on Sept. 29 on  Dellinger Avenue, Batavia. He is accused of fleeing from a vehicle and locking himself inside a residence following a traffic stop.  He was issued an appearance ticket.  For prior coverage of Wright,  click here.

Anthony Natrigo, 23, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and no or inoperable tail lamps. Natrigo was stopped at 2:17 a.m., Oct. 9, on East Main Street by a Batavia police officer. He was processed at police headquarters and released on tickets.

Katherin A. O’Brien, 28, of Pavilion, is charged with felony  DWI. O'Brien was stopped by State Police in  Warsaw on  Saturday. She allegedly had a BAC of .17. She was arraigned in Town of Warsaw Court and released on her own recognizance.

Stephanee Mae Surabian, 33, of State Street Road,  Batavia,  is charged with grand larceny 3rd and five counts of offering a false instrument for filing. Surabain allegedly failed to report to  DSS that the father of her children was residing in her home or that he was earning wages while receiving benefits. Surabain allegedly received $7,919 in  SNAP benefits she was not entitled to receive. She was arraigned in Batavia Town  Court and released on her own recognizance.

Sarita Gajmerkami, 28, of  Chestnut Ridge,  is charged with DWI, driving with a BAC of .18  or greater, and failure to keep right. Gajmerkami was stopped at 7:26 p.m., Oct. 14, on  Route 33, Bergen, by Deputy Kenneth Quackenbush. She was processed at the Genesee County Jail and released on an appearance ticket.

Diana Marie Walworth, 33, of Town Pump  Circle, Spencerport, is charged with felony driving with a BAC of .18 or greater and driver view obstructed. Walworth was stopped at 5:29 a.m., Oct. 10, on  I-490 in  Le Roy by Deputy Trevor Sherwood. She was issued an appearance ticket.

 

The City of Batavia Police Department has made two arrests connected to an incident brought to the attention of City Council by an Otis Street resident at the governing body’s Sept. 13 meeting.

“The arrests are the result of one of the incidents he (Ronald Yantz) spoke of at an earlier meeting,” Police Chief Shawn Heubusch confirmed to The Batavian.

Released today via its Crime Watch police blotter platform, Batavia PD reported the following arrests:

Brooke M. Ayala, 36, of Batavia, Endangering the welfare of a child, Criminal Nuisance, 11:28 PM, Monday, August 23, 2021, Otis Street. On 10/7/2021, Ayala was arrested on the above charges. The arrest comes after an investigation into an incident on 8/23/2021, on Otis Street. Ayala was issued an appearance ticket and is scheduled to appear in Batavia City Court on 10/19/2021.

Kelly L Wells, 57, of Batavia, Criminal Nuisance, 11:28 PM, Monday, August 23, 2021, Otis Street. On 10/7/2021, Wells was arrested on the above charge. The arrest comes after an investigation into an incident on 8/23/2021, on Otis Street. Wells was issued an appearance ticket and is scheduled to appear in Batavia City Court on 10/19/2021.

Yantz appeared at the City Council meeting to inform Council of ongoing unruly and disruptive behavior by people living in a house across the street from him on Otis Street.

At the time, Council President Eugene Jankowski Jr. said the police department and the code enforcement department would do all that was possible to rectify the situation, with Heubusch indicating that there was an open investigation and charges were pending.

At the Oct. 12 City Council meeting, Yantz returned, this time thanking the board and police department for their efforts as things have calmed down on that section of the street.

Previously: City of Batavia leaders, police taking steps to help Otis Street couple deal with disruptive neighbors

A 37-year-old Oakfield man was arrested in Erie County yesterday and charged with the murder of his father at the home they shared in Oakfield.

Sixty-nine-year-old Martin Maher was found dead in his home at 32 Drake Street after deputies were dispatched to his house for a welfare check at 10:57 a.m. because family members had been unable to contact Maher.

Deputies found Maher deceased and that he was the apparent victim of a homicide.

Upon investigation, detectives identified Nicholas M. Martin as the suspect.  He was located in Erie County at 3:35 p.m.

He is charged with murder in the second degree. He was arraigned in Town of Oakfield Court and ordered held without bail.

The Genesee County Sheriff's Office believes this was an isolated incident and that there is no threat to public safety. 

Assisting in the investigation are State Police, the Erie County Sheriff's Office, the Coroner's Office, and the District Attorney's Office.  The investigation is ongoing.

Batavia’s two high school varsity football teams recorded victories on the road Friday night.

In a game played at Depew High, the Batavia High Blue Devils of Section V defeated Clymer-Sherman-Panama of Section VI, 25-21, rallying to win when senior quarterback Jesse Reinhart hit Javin McFollins with an 11-yard touchdown pass with 4:11 left in the game.

Meanwhile, at Cuba-Rushford/Hinsdale, the Notre Dame Fighting Irish broke a five-game losing streak, upending the host Rebels, 33-14, in a Section V Class D matchup.

At Depew, Batavia battled back from a 21-13 deficit as running back Aidan Anderson scored on a 60-yard run early in the fourth quarter, setting up Reinhart and McFollins’ late heroics.

The Blue Devils were able to schedule the game against Clymer-Sherman-Panama, a strong Class D team, after its contest at Newark/Marion was cancelled due to COVID-19 issues with the home team.

Reinhart threw for three TDs – two to McFollins (11 and 88 yards) and one to Carter McFollins (18 yards). Anderson racked up 171 yards on 27 carries.

Batavia, 6-1, takes on Wilson Magnet at 7:30 p.m. Friday at Van Detta Stadium.

ND 33, Cuba-Rushford/Hinsdale 14

Drew Edwards rushed for 101 yards and a touchdown in his debut as halfback and quarterback Jimmy Fanara completed 10 of 12 passes for 157 yards and two scores as Notre Dame raised its record to 2-5. Edwards had been the team's starting left tackle until moved to fullback the previous game.

Four of Fanara's completions went to Evan Cummings for 60 yards and Bryceton Berry caught two passes for 37 yards and two touchdowns.  Fanara also ran for a touchdown.

Hayden Groff rounded out the Irish attack with 57 yards on the ground and a TD.

The 33 points is one less than the team had scored over its first six games.

On defense, lineman Connor McWilliams came up with nine tackles, including five for a loss, while linebackers Vin DiRisio and Edwards were credited with eight and six tackles, respectively.

The Irish host Clyde-Savannah at 1 p.m. Saturday.

Press release from Tonawanda Seneca Nation:

GENESEE COUNTY, New York — The Tonawanda Seneca Nation reached a settlement (with the Genesee County Economic Development Center) of a lawsuit seeking to stop Plug Power, Inc.’s construction of a facility that would anchor a manufacturing megasite, known as the STAMP (Science & Technology Advanced Manufacturing Park) site. In June, the Nation petitioned the New York State Supreme Court to stop the development of the Plug Power project adjacent to the Nation’s land in Genesee County, but a judge dismissed the case on procedural grounds last week. The STAMP site is adjacent to the Nation and within the Nation’s ancestral territory.

“We’re disappointed that the court didn’t have the opportunity to hear our arguments in this case,” said Kenith Jonathan, Sachem Chief for the Wolf Clan of the Tonawanda Seneca Nation and keeper of the Western Door. “We never got our day in court to explain how the project would diminish the Big Woods and have a negative impact on our Nation and our way of life.”

In its petition to the court, the Nation warned that the development would diminish the Big Woods, a pristine parcel of land that citizens of the Nation forage and hunt on, as they have for centuries. The Big Woods is a source of various traditional medicines important to the Nation’s culture and health. For centuries, the Tonawanda Seneca people have relied on the medicines, passing down that knowledge from generation to generation. Tonawanda Seneca citizens also play traditional games not far from the proposed Plug Power site. Citizens of the Nation voiced concern that the games would be disturbed by the traffic, noise and light pollution from the project.

“Make no mistake; we are opposed to developing a manufacturing megasite adjacent to pristine woods on undeveloped land,” said Chief Jonathan. “While we are disappointed that the construction will go forward, this settlement includes important protections to reduce the impact on our Nation and to protect our way of life. We are hopeful that the agreement can be the framework for a more collaborative relationship with GCEDC and Plug Power moving forward.” 

The settlement negotiated by the Nation will permanently protect from development over 200 acres of land on the STAMP site that is adjacent to the Nation’s territory. Plug Power, Inc. also is prohibited from using pesticides on the protected lands, which will further protect the environment. The Nation also will have cultural resource monitors onsite during earthmoving activities — to help identify and protect any unanticipated cultural resource discoveries.

O-At-Ka Milk Products’ information technology team is working with law enforcement and cybersecurity experts in the wake of “a sophisticated cyber-attack” that began earlier this week.

Bill Schreiber, chief executive officer of the milk processing plant at Cedar Street and Ellicott Street Road, confirmed to The Batavian that the ransomware attack started on Thursday night and affected to varying degrees company computers, time clocks and other equipment.

“O-At-Ka did experience a sophisticated cyber-attack, and our team responded immediately and has been working around the clock to remedy the situation and resume normal operations,” he said. “We have been working with law enforcement and industry experts to investigate and recover from the attack.”

Schreiber said O-At-Ka routinely prepares for such attacks and “the contingencies we put in place have been effective in restoring and maintaining our business functions.”

“Our customers have been minimally impacted and we continue to work with them on a routine basis to ensure ongoing operations and business continuity,” he said. “I’m thankful for the team’s continued hard work and efforts in response to the attack.”

“In today’s society, people want it now and if you don’t have it, they may go someplace else.”

With that statement, Guy Clark, owner of Cedar Street Sales & Rentals, articulated a retail principle that motivated him and his sons, Connor and Adam, to construct a 6,000-square foot warehouse across the street from the business that has been a fixture in Batavia for the past 28 years.

The Clarks hosted a Genesee County Chamber of Commerce “Business After Hours” event on Thursday evening, attracting about 50 people to the 60- by 100-foot building that can house a couple hundred Cub Cadet lawn mowers and snowblowers.

Clark provided a quick recap of the thought process behind the company’s expansion.

“This lot came with the property across the street but it was just an empty, vacant lot that was overgrown for years,” he said. “Every year, we’d get crates and crates of lawn mowers and we’d had nothing to do with them – no place to put them. We put them together as you sold them – keeping them out back (at 111 Cedar St.) and it became a crowded mess.”

He said he got together with Connor and Adam, both college graduates with business degrees, and they sketched out a design on paper and came up with a plan.

“And now we have this building with beautiful loading dock where we can unload tractor-trailers on a regular basis,” Clark said.

Recently, the national sales manager for Cub Cadet visited the warehouse and was impressed, Clark noted.

“He said this is the future … and he took a lot of pictures,” he said. “Around March 1^st, we’ll have 150 mowers completely ready to go in this building.”

Photo at top: Guy Clark, Chamber of Commerce President Erik Fix, Adam Clark and Connor Clark; photo at bottom: Inside view of the Cedar Street Sales & Rentals warehouse. Photos by Mike Pettinella.

Billie Faye Owens, 63, editor of The Batavian from 2010 to 2021, died at Rochester General Hospital on Friday evening from complications from congestive heart failure.

She was taken to United Memorial Medical Center in Batavia with health issues on July 26 and remained hospitalized for 81 days. At no time did she test positive for COVID-19.

She was born in 1958 in Charlotte, N.C., to Barbara Jean Carter and Billie Eugene McSwain. Her mother moved her when she was 5 to San Diego where she would eventually attend San Diego State University, earning a B.A. in Journalism.

She went to work for the Daily Californian in El Cajon, Calif. in 1989, where she met her second husband, Howard Owens, then a wire and copy editor at the Daily Californian, and currently publisher of The Batavian. They were married on the campus of Point Loma Nazarene College in 1993.

Her journalism career began with an internship at the Los Angeles Times and included stints at the San Diego Business Journal, the Ventura County Star, and the Canandaigua Daily Messenger.

She won numerous regional and statewide journalism awards in San Diego for her writing and reporting.

She was passionate about her craft and one thing Howard and Billie bonded over quickly was the fact they both had substantial collections of books about journalism, which has grown to more than 400 titles over the years.  They also both enjoyed old movies with main characters who were reporters and editors.

She loved animals and was upset by anybody who abused animals.  She made it a mission to publish reports of people leaving dogs in hot cars and made local animal abuse cases her beat in Genesee County.  She was also well-known for her colorful reports of lost and missing pets and shelter animals in need of adoption.

In 2015, Howard and Billie adopted Rocky, a mix-breed pit bull who had been abused by a previous owner.  Rocky succumbed to cancer on July 31.

Billie is survived by her husband and three grandchildren, whom she loved.  Her mother, Barbara France, passed away in December in San Diego. 

In lieu of flowers or condolences, donations can be made to Volunteers for Animals in the name of Billie and Rocky.  There will be no local service. Her wishes were that her ashes be deposited in the Pacific Ocean off the Ventura County Pier, where the ashes of her son, Charles Raymond Sutherland, were deposited in 2018.

“Good for your garden, good for your community, good for your planet” – and, in the eyes of Genesee County Planning Board members, good enough for a location on Wright Road in the Town of Alabama.

Planners on Thursday night recommended approval of a site plan for EcoVerde Organics, LLC, of Buffalo, to own and operate a compost facility on a portion of a 27-acre parcel in an Industrial zone at 396 Wright Rd.

The company, which was formed in 2017 by entrepreneur Warren Emblidge Jr., uses the motto above as it promotes environmental and social ecosystem improvement through composting.

EcoVerde Assistant Chief Katy Duggan appeared at the planning board meeting at County Building 2 on West Main Street Road.

“We’re a small company that was started by a local businessman (Emblidge, EcoVerde’s chief) who had been successful (in other ventures) for many years,” Duggan said. “He got the idea of sustainability and the next step was to get some composting going.”

Duggan, in her third year with the company, said EcoVerde had a composting plant in East Aurora but now is focused on this site in the Town of Alabama.

“We work with people, businesses and others in our local community to source our inputs, then make and sell quality soil amendments like compost,” she explained. “Our products improve soil to support plant growth with less chemical fertilizer and less nutrient run-off into waterways to protect our natural environment.

“We look forward to operating in Genesee County where we can support its goal of agricultural preservation.”

She said that a new food scraps law in New York State requires businesses and institutions that generate a certain amount of food scraps to donate usable food and to recycle what’s left.

“So, some of this is in preparation for that,” she said.

A former recycling sustainability coordinator and educator, Duggan developed the Lewiston Art Festival recycling and food waste composting program, and developed food waste collection and waste audit services for commercial customers.

Plans for the Alabama facility are to process source-separated organics, manure and yard waste (specifically food scraps), solid manure/bedding, select food processing waste and crop residue, and leaf and yard waste from municipalities and landscape professionals. Biosolids will not be accepted.

Duggan said activity won’t begin until after final approval from the Town of Alabama Planning Board, which was scheduled to meet this Monday, but has cancelled that session.

The state Department of Environmental Conservation has granted EcoVerde approval to operate the compost facility, she said, limiting production to 7,500 cubic yards per year. She said customers will include farmers (organic and market), landscapers, gardeners and homeowners.

“We will start by bringing material into the plant, initially manure and yard waste, and since compost takes three months to make, we plan to start selling it in the spring,” Duggan added.

The planning board’s recommendation of approval is contingent upon EcoVerde obtaining a stormwater permit from the DEC if it disturbs more than one acre of land, and registering with the GLOW Solid Waste Management Committee and reporting the amount of material recovered by the facility to the GLOW Recycling Coordinator.

Planning Board member Tom Schubmehl also requested that Duggan reach out to leaders of the neighboring Tonawanda Seneca Nation to mitigate any odor or other issues caused by prevailing winds. She said that she would be agreeable to that.

In other action, the board recommended approval of:

• A special use permit to combine two parcels into one Commercial zone to accommodate New York Bus Sales’ new 20,000-plus-square foot school bus service/sales facility at the corner of West Saile Drive and Call Parkway in the Town of Batavia.

Lauren Rodriguez, civil engineer with LaBella Associates, said the facility will cover seven acres, with minimal security lighting and fencing.

One of the board’s concerns was that on-site lighting would not shine directly onto neighboring properties or cause a hazard for motorists.

The project application has been accepted by the Genesee County Economic Development Center,

• The addition of four storage units to the current seven at West Batavia Storage at 8550 Wortendyke Rd. in the Town of Batavia, with the on-site lighting stipulation.

• An area variance for Har-Go Farms in Pavilion to construct a 6,300-square foot barn addition in an Agricultural-Residential (AR-1) District.

Photo: Katy Duggan of EcoVerde Organics presents the company's site plan to Genesee County Planning Board members, clockwise from bottom, Laraine Catan, Planning Director Felipe Oltramari, Jill Gould, Richard Richmond II, Legislator John Deleo, Robert Bennett, Eric Biscaro, Tom Schubmehl, Deputy Director Erin Pence. Photo by Mike Pettinella.

Previously: GCEDC board of directors accepts application for New York Bus Sales facility in Town of Batavia

Update: 6:30 p.m. -- See bottom of the story

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

The chief executive officer at O-At-Ka Milk Products today said engineers at the Upstate Niagara cooperative-owned milk processing plant are prepared to present alternatives that would satisfy the City of Batavia and bring an end to a situation that is forcing the company to spend $25,000 to $30,000 per day hauling wastewater away from the facility.

The problem, however, according to Bill Schreiber, is that city management will not sit down with officials from O-At-Ka and the New York State Department of Environmental Conservation to iron out what he calls “a three-party solution that would be a win-win for everyone involved.”

Schreiber and John Gould, owner of Har-Go Farms in Pavilion and chairman of the board for Upstate Niagara, a consortium of 300 dairy farmers, spoke to The Batavian this morning.

They expressed their dismay over not being able to deposit all of its wastewater into the city’s Waste Water Treatment Plant and “a lack of urgency” from the city.

Gould brought this issue to public light at Tuesday night’s City Council meeting when he informed lawmakers of the staggering costs to haul the wastewater away from O-At-Ka.

Several minutes later, he learned from City Attorney George Van Nest that the municipality had no choice but to enforce a cease-and-desist letter it sent to O-At-Ka after discovering that discharge levels from the Cedar Street plant were above permitted limits.

Van Nest said the DEC sent a notice of violation to the city, threatening enforcement action and large fines because of the oxygen levels in the ponds.

Gould: 'There's Something Wrong Here'

Gould’s anger with the city’s stance came through in his comments earlier today.

“Back to the Council meeting, Mr. Van Nest, puts the fear of God into them with the DEC. So, everybody’s fearful of each other and we’re getting nothing done,” he said. “There was more discussion about who was paying for Christmas in the City then there was about the largest employer in the city and the economic impact upon it. There’s something wrong here.”

Contacted today, City Council President Eugene Jankowski Jr. said Council is leaving the matter in the hands of Van Nest, City Manager Rachael Tabelski and engineers working with the city.

“We’re following the advice of our attorney, which is basically telling Mr. Gould and the staff there that they are supposed to talk to the city manager and the city attorney. Those are the people that Council has delegated to address the issue.

“Mr. Gould is bypassing some things and that’s not really for me to say what he is supposed to do or not supposed to do, but we’re not going to comment on it. We’ll let the professionals handle it – the city manager, the engineers, the city staff take care of it.”

Schreiber: Pre-Treatment Plant Upgrade Underway

Schreiber, in his ninth year at O-At-Ka, said the company is about six to eight weeks away from completing a $6 million upgrade to its on-site pre-treatment facility – action that he said will bring an end to this impasse as the amount of Biochemical Oxygen Demand and Total Suspended Solids will return to acceptable levels.

Until that new pre-treatment facility is operational, O-At-Ka is taking a substantial financial hit.

When it was mentioned that the expense could be as much as $1 million over the next 40 days, Schreiber responded: “That puts our business at risk, it puts our customers at risk, it puts our employees at risk and it puts our farmer owners at risk. Absolutely.”

The CEO said he is aware that the city has to comply with its State Pollutant Discharge Elimination System permit, but is seeking for “a bridge” to get us to the start-up of the new treatment facility.

“And what we got in exchange was a cease-and-desist (letter from the city). We don’t understand the lack of cooperation coming out of the city,” he said. “And it’s our understanding that the DEC would be willing to work towards a three-part solution. We’ve sent several letters to the city and we’ve not received a response.”

Schreiber said there are four or five different alternatives that would serve to increase the dissolved oxygen levels in the city’s lagoons, which have yet to recover adequately following replacement of the air header system at the Waste Water Treatment Plant in late August.

“Some of them are routine maintenance; getting into the diffusers and lagoons and cleaning them. That would have an immediate impact,” Schreiber advised.

“There’s a device called a venturi, which essentially serves to incorporate oxygen into the lagoons. There are companies that work with hydrogen peroxide, which when added to the lagoons, breaks down into oxygen and water – and essentially elevates the oxygen levels in the lagoons.”

Furthermore, Schreiber said he “fundamentally disagrees that we’re putting the city and the city’s taxpayers at risk.”

Permit: O-At-Ka Would Be Responsible for Fines

He said the city is protected under Section III.4 of the Industrial Sewer Use Permit, as follows:

“If the User [i.e., O-At-Ka] discharges above its Permit thresholds to such a degree that it causes the Publicly Operated Treatment Works (POTW) to violate its SPDES Permit, the User shall be held responsible for the payment of any fines or penalties levied against the POTW. This is in addition to any extra costs associated with handling such discharges as provided for in the Sewer Use Ordinance.”

“O-At-Ka has told City officials both in writing and verbally that it accepts full responsibility for any fines and penalties issued by the DEC or any other regulatory body that are attributable to our discharges,” he added. “We welcome the inclusion of DEC in these discussions regarding regulatory liability.”

Schreiber said O-At-Ka is seeking “a comprehensive, long-term solution to this.”

“We’re not looking for a band-aid. We recognize that the city has to meet its use permit, and we want to be part of the solution. But there seems to be, in our view, a lack of urgency on the city’s part while we’re burning through cash. We would rather channel those dollars to a constructive solution than use them to haul wastewater away.”

He said there are implementable steps that can be taken at the Waste Water Treatment Plant that will allow for the easing of restrictions on O-At-Ka wastewater discharges without impeding the recovery of the ponds.

“O-At-Ka is not seeking permission to discharge indiscriminately to the city nor are we ignoring the impact high strength wastewater can have on the ponds.  However, we are very confident that there are engineering solutions that can wholly offset the impact and further accelerate the health and recovery of the ponds.”

City Manager: 'We Can't Allow Willful Violations'

The Batavian reached out by email to Tabelski and to the DEC’s press office for comment.

Tabelski, speaking to WBTA Radio earlier this week, said O-At-Ka is “an industry here that we value for their employment and for the use of the milk supply that comes from the farms. That’s not lost on me. But we cannot allow willful violations of permits at the city Waste Water Treatment Plant.”

She also said that O-At-Ka officials acknowledged what they need to get to “a place that allows their discharge to be at a permitted level.”

“Right now, they can be at their permitted level, but they have to truck many, many truckloads of waste away. That’s showing that their capacity isn’t in line with their production,” she said.

Schreiber is calling for a “technical conversation that going to lead us to a resolution of this problem.”

Gould agreed, stating, “Collaboration to us is getting the stakeholders in the same room and sit down and solve the problem."

Schreiber said the O-At-Ka board of directors have approved $35 million in capital spending for 2021 and 2022, but “we’ll have to look really hard at where the next capital investment goes.”

He said completion of the pre-treatment facility will result in a permanent fix.

“As I said, we’re just looking for a bridge, and we can’t seem to get cooperation from the city,” he said. “The city seems to be blaming DEC; everybody but themselves, quite frankly.”

Update:

Comment from City Manager Rachael Tabelski: "In response to your inquiry, there continues to be an ongoing and open dialogue between city officials and O-AT-KA regarding discharge issues at the Waste Water Treatment Plant. As we also have communicated, public health and safety as it pertains to these discharge issues is our number one priority so that the WWTP is operating within all its regulatory obligations."

Statement from NYS DEC: "The New York State Department of Environmental Conservation (DEC) remains committed to working with all involved parties to develop and implement necessary solutions to address these issues. DEC will continue to meet with the city and O-At-Ka Milk Products regarding technical and infrastructure needs, and will convene additional meetings with these parties as these efforts progress."

Photo at top: O-At-Ka CEO Bill Schreiber and Upstate Niagara Chairman of the Board John Gould in front of the new equalization tank that is part of the company's ongoing upgrade of its pre-treatment facility. Photo by Mike Pettinella.

Previously: City sends 'cease and desist' letter to O-At-Ka Milk as issues at waste water treatment plant continue

Pre-construction work and environmental testing is taking place today on the grounds of the former Soccio & Della Penna Construction Co. and Santy's Tire Sales locations on Ellicott Street in the city -- the future home of the Ellicott Station project that is part of Batavia's $10 million Downtown Revitalization Initiative program.

Two employees of Savarino Companies of Buffalo, the company that is behind the mixed-use development (apartments, office, retail and entertainment space), were on site. Indications are that demolition of the buildings will start in November. Photos by Mike Pettinella.