Town of Bergen State of Emergency Proclamation

The County of Genesee and the State of New York have declared States of Emergency in response to the COVID-19 outbreak. The outbreak poses an immediate danger to public health and safety, which endangers the residents and businesses of the Town of Bergen.

In consultation with the Village of Bergen and Bergen Fire Department, I believe it is in the best interest of the Town of Bergen and our residents/businesses for me to issue a State of Emergency in the Town of Bergen, which will allow me the discretion to use any and all facilities, equipment, supplies, personnel and other resources of the Town of Bergen in such a manner as may be necessary or appropriate to cope with the disaster or emergency resulting therefrom.

In particular, but with no limitation, I anticipate that it will be critical to have Town of Bergen personnel available to respond to specific, but currently unforeseen, needs arising in the Town.

Therefore, by the power vested in me, pursuant to Article 2B of the Executive Law of the State of New York, I hereby declare a State of Emergency effective at 5 p.m. on May 15, 2020 in the Town of Bergen, Genesee County, New York.

This State of Emergency shall remain in effect for the next 30 days unless and until rescinded or extended by me for an additional 30-day period.

Any residents in need of special or emergency assistance are advised to contact 9-1-1. All residents are advised to monitor the Town's website and local media reports for continued updates and advisories.

Ernest Haywood

Supervisor, Town of Bergen, Genesee County, NY

Some sort of parade through the city prompted police to respond after the Emergency Dispatch Center received complaints the participants were running red lights and blocking intersections.

Because of weather in the Southern Tier, the scheduled time for the Batavia flyover is approximately 11:45 a.m., giver or take 10 minutes, according to the National Warplane Museum.

It was supposed to take place at roughly 11:20 a.m. over the Batavia VA Medical Center, and at 11:24 at UMMC.

Photo: File photo of Whiskey 7 by Jim Burns.

A house fire with flames showing is reported at 6657 Swamp Road, Byron. Byron and South Byron fire departments are responding. The location is between Cole and Mud City roads.

Called as mutual aid are: Bergen, Elba, Stafford and Oakfield fire departments, along with the city's FAST Team and Mercy medics.

UPDATE 11:45 p.m.: A first responder on scene reports smoke is in the residence. Command restricts the assignment to Byron, South Byron, Bergen and Elba. Other mutual aid responders, which also included Perry and Clarendon, can go back in service.

UPDATE 11:48 p.m.: No smoke or fire visible outside the residence, according to command. Remaining responding units can proceed in nonemergency mode. National Grid is called to the scene.

UPDATE 11:52 p.m.: Infrared cameras are requested to the scene.

UPDATE 12:17 a.m.: Elba is released from service along with Mercy medics.

Press release:

The National Warplane Museum (NWM) in Geneseo is honoring WNY healthcare workers and first responders with two flyovers in Genesee County on Saturday, May 16.

At the Batavia VA Medical Center, the flyover will occur at 11:20 a.m. (give or take 10 minutes).

At United Memorial Medical Center, the flyover will occur at 11:24 a.m. (give or take 10 minutes).

"Operation Thanks From Above" will feature NWM's very own Douglas C-47, affectionately named "Whiskey 7," and it will take to the skies accompanied by one other aircraft, a P-51 Mustang named "Mad Max."

The flight will salute the local first responders, medical and essential workers who have served and conitue to serve the WNY region during the coronavirus pandemic.

We hope you can attend and view a flyover. VA medical and UMMC staff members working on Saturday have been notified. 

• Batavia viewing – in front of Building 1, near Outpatient Entrance, 222 Richmond Ave., Batavia.
• UMMC viewing is at 330 Summit St., Batavia.

Parking is plentiful and free.

#ROCTheSky

#ThanksFromAbove

Press release:

Cornell Cooperative Extension of Genesee County is pleased to partner with New York State Agriculture and Markets, CY Farms LLC, and Genesee County Farm Bureau to provide New York State hand sanitizer at no cost to the ag community in Genesee County.

Please register by 4 p.m. on Monday, May 18.

Distribution will take place from 10 a.m. to 4 p.m. on Tuesday, May 19 at the local Cornell Extension office, 420 E. Main St., Batavia.

Genesee County production farms of any type are encouraged to participate, along with farm stands, CSAs, greenhouses and U-pick operations.

The goal is to support safe and healthy workplace practices to keep our agriculture workforce strong.

Liquid hand sanitizer is available by the case -- 4 gallons to a case (with a pump). This is a liquid, not a gel.

For ease of use, businesses may decide to purchase small spray bottles for daily use and refill them from the gallon jug.

Please note that this is a 75-percent alcohol-based liquid gel. It is highly flammable. Keep away from heat, hot surfaces, sparks, open flames and other ignition sources. No smoking. It is not drinkable.

Farms interested in picking up hand sanitizer should complete the online registration here.

Include farm contact information, requested quantity and time slot for pick up (to limit wait times and traffic). 

Quantities may be adjusted before pick up to ensure adequate supplies are available to as many farms as possible.

Details for picking up:

• Stay in your vehicle and wait for a staff member to direct you to the pick-up area;
• Whoever is picking up the sanitizer for your farm will need to wear their own face covering and load the cases of sanitizer into their vehicle;
• If you are getting more than one case, consider bringing a handcart;
• Please maintain social distancing when picking up;
• Staff will need to collect some information from you before you can pick up the sanitizer.

Supplies are limited.

The suggested guidelines for each farm are:

• 1-6 employees: 1 case
• 7-15 employees: 2 cases
• 15 plus: 3 – 4 cases

Press release:

Assemblyman Steve Hawley has signed a letter to Gov. Andrew Cuomo asking him to reconsider allowing religious institutions to open and host services earlier than previously indicated.

With Western New York leading the charge to reopen the state, Hawley understands the value these religious institutions have to the community, and how supportive it can be knowing these institutions are readily available.

“If we follow the proper procedures – adequate distancing, wearing face coverings, and remaining hygienic – I think these institutions, should they choose, ought to be able to conduct services,” Hawley said. “The good spiritual health of a community can help make this transition a lot smoother for everyone.”

From Assemblyman Steve Hawley:

Since the COVID-19 outbreak hit New York, I’ve been a strong proponent of keeping people safe and healthy. It’s one of the few things I agreed with our governor about. Now that the worst seems to have passed, we need to look back at what was done wrong and try to start making right what we can.

The Assembly Majority makes it seem like that’s what they’re trying to do too, with their most recent virtual hearing focusing on small business advocacy and small business laws. What they fail to realize, amazingly, is that the policies put forth by their leadership and their votes are why many New Yorkers are struggling so much today.

The Assembly Minority Conference, on the other hand, isn’t just now getting back to work. From day one, I’ve been on the phone with constituents, on the ground with aid and assistance, and working tirelessly wherever I could to help my neighbors push through this pandemic. I didn’t sit at home and blame Washington for not giving us more.

I didn’t vote down legislation like the Small Business Recovery Act, which would have used the state’s $890 million reserve fund and redistributed it to struggling local businesses accompanied with zero interest recovery loans. I didn’t agree or support the one-solution-fits-all regional plan that the Majority and governor introduced at the start of this crisis, which in turn stalled state response significantly. That’s what the Majority did. 

The Majority sat by and let the state flounder during this pandemic. They gave unilateral power to the governor to make decisions for the entirety of the state with plans based around one city. With so much to do in the coming weeks, we can’t let this continue.

For the good of everyone’s health, for the good of our nurses, doctors, police officers, firefighters, public service men and women, we followed the plan set forth by the Majority and governor in order to get through the worst this pandemic had to offer. We’re clearly past the worst now. 

As we see positive cases subside and the state beginning to reopen, we need to make sure everything returns to the way it was, including the structure of power in the state. The governor did what was necessary to get us through that rough patch. He must now return power to the Legislature, and the Legislature need to get back on its A-game.

From the Department of Labor getting better at giving out unemployment checks to the Department of Health becoming more involved in local investigations of nursing homes, there’s a lot of work to be done moving forward. We are ready to get back to work. We don’t have any interest in blaming Washington. We simply want to get results for those who matter most – the people.

Press release:

• As of 2 p.m.
  • Genesee County received four new positive case of COVID-19, for a total of 169 positive cases.
    • One of the positive cases resides in Le Roy and three of the positive cases reside in Batavia.
    • One of the individuals is in their 20s and three are in their 30s.
    • Two of the newly positive individuals were not on quarantine prior to becoming symptomatic.
    • Three of the previous positive cases have recovered and have been released from mandatory isolation.
    • One of the total active positive cases is hospitalized.
    • The Genesee County Health Department received notification that one of the patients from the Batavia VA Medical Center has been identified as an Erie County resident. Therefore, the total positive case number will be one less and has been adjusted in our data.
  • Orleans County received eight new positive cases of COVID-19, for a total of 154 positive cases.
    • One of the positive cases resides in Yates and two of the new positive cases reside in Ridgeway, one of the new positive cases resides in Shelby, two of the new positive cases reside in Albion, and one of the new positive cases resides in Murray.
    • One of the positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
    • Three of the individuals are in their 20s, two of the individuals are in their 30’s, two of the individuals are in their 50s and one of the individuals is in their 80s.
    • None of the newly positive community cases were on quarantine prior to becoming symptomatic.
    • One of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Thirteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Press release from the Chris Jacobs campaign:

Beth Parlato pulled an attack ad from the air today after a story published by WNYmedia Network indicated that Parlato faced the possibility of “a hefty fine and/or up to six months in jail” for violating federal laws related to misuse of IRS logos and hiring an actor to portray an IRS official.

“Parlato’s attack ad misses the mark in many ways, but most importantly, the ad prominently features the official IRS logo behind a really bad actor portraying himself as an IRS official. The use of the logo is a direct violation of Federal laws.” (WNYmedia Network, 5/14/20)

According to WNYmedia Network, “Parlato now finds herself facing the possibility of a hefty fine and/or up to six months in jail if the ad is not immediately removed.”

The report cited IRS guidelines that specifically indicate that “Failure to comply with or knowingly violate IRS Design Standards, or using any logo in an unethical way are subject to any of the legal ramifications denoted in IRM 1.17.7.1, Legal Authority.”

Parlato pulled the illegal ad from the air, just two days the Republicans chairs in the 27th District have demanded that Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

But Parlato replaced the illegal IRS ad with another negative attack ad that also uses an actor to make fake and misleading claims.

Statement from Beth Parlato:

Sadly, it’s no surprise to me that within an hour of declining to debate me Chris Jacobs would push this lie citing a Never Trumper website. He’s lying now just as he has lied before to cover up his liberal record in Albany. Also, we fully delivered our ad and it was time to move on to the next message in our progression.

NOTE: The IRS guidelines mentioned in the press release do not pertain to third-party use of IRS logos. They are part of a standards document -- common in marketing -- created to guide employees and vendors in the use of IRS material to promote the IRS. Quote from the same document:

All IRS employees, contractors, and service providers are required to abide by all established standards and report any misuse immediately to M&P.

CLARIFICATION: In a previous paragraph at the end of this story, we said we couldn't find evidence that the use of the IRS logo was "illegal." We should note, that under U.S. Code, there are provisions for criminal prosecution of copyright infringement. Copyright cases are, however, usually civil matters. Trademark infringement is a civil matter, Again, "fair use" in copyright would come into play. Fair use is a complex legal question for a court to decide.

A motorcycle accident is reported at 1075 Ledge Road in Alabama. Mercy Flight #5 in Batavia is on standby. The rider is in a cornfield and was not moving, but is now said to be moving. Alabama Fire Department is responding, along with Mercy medics and law enforcement. The location is between Reuben Road and Route 77.

UPDATE 2:15 p.m.: A first responder on scene reports the rider is conscious and alert. Mercy Flight standby is cancelled.

James F. Perry Sr., 35, of Central Avenue, Batavia, is charged with five counts of second-degree criminal contempt, a Class A misdemeanor. Perry was arrested at 9:20 p.m. May 9 on State Street in Batavia following an investigation of a child crying in a residence. Perry was released with an appearance ticket returnable to Batavia City Court at 1 p.m. on June 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

William J. Galliford, 59, of Batavia (no address provided), is charged with trespass and second-degree harassment. Galliford was arrested at 10:45 p.m. at the Budget Inn on Oak Street in Batavia. It is alleged that he refused to leave after being told he was no longer allowed on the premises. It is also alleged that Galliford threatened a police officer. He was issued a computerized appearance ticket and is due in Batavia City Court at 1 p.m. on June 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Amanda S. McDonald, 37, of Ellsworth Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation into a complaint alleging that she allowed a minor to use an illegal drug. McDonald was released on an appearance ticket and is due in Batavia City Court June 16. The case was handled by Batavia Police Officer Alec Roberts.

Justin Paul Pawlowski, 41, is charged with: Aggravated driving while intoxicated -- with a child passenger; DWI; DWI -- drugs; and failure to keep right. At 9:23 a.m. on Feb. 14, the Genesee County Emergency Dispatch Center received a report of driver on Route 33 in the Village of Corfu who was possibly intoxicated. The vehicle was stopped for an alleged failure to keep right and an investigation allegedly revealed the driver was impaired by drugs. Pawlowski was issued tickets returnable to Town of Batavia Court on June 29. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Deputy Ryan DeLong.

Christopher J. Diers, 37, of State Street, Batavia, is charged with endangering the welfare of a child and second-degree harassment. Diers was arrested after an investigation of a domestic incident that occurred at 10:50 p.m. May 9 at an apartment on State Street. He was released with an appearance ticket to be in Batavia City Court on June 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Jordan McGinnis.

Jacob J. Camerera, 29, of South Jackson Street, Batavia, is charged with second-degree criminal contempt. Camerera was arrested after an investigation of a violation of an order of protection complaint at 8:42 p.m. April 29 on Hutchins Street in Batavia. He was released on an appearance ticket for Batavia City Court on June 23. The case was handled by Batavia Police Officer Sean Wilson, assisted by Jordan McGinnis.

Adam Michael Jellison, 42, of Sierk Road, Bennington, is charged with second-degree harassment. Jellison was arrested on May 10 in connection with a domestic incident that occurred at 8:44 p.m. on April 2 on Columbia Avenue in Batavia. He is also charged with third-degree criminal mischief stemming from an incident at 4 p.m. April 30, also on Columbia Avenue. He was arraigned on both charges May 11 in Batavia City Court and released on his own recognizance. He is to return to city court June 18. The cases were handled by Batavia Police Officer Connor Borchert.

Rae C. Cook, 31, of Liberty Street, Batavia, is charged with petit larceny. Cook was arrested at 3 p.m. May 11 following a larceny investigation. It is alleged that at 12:30 p.m. April 23 Cook committed petit larceny at Sav-A-Lot on Ellicott Street in Batavia. Cook was issued an appearance ticket, returnable to Batavia City Court on June 2, then released from custody. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Austin Hedges.

Margaret M. Pillo, 47, of Walnut Street, Batavia, is charged with petit larceny. Pillo was arrested following an investigation into a shoplifting incident that occurred at the Dollar General store on East Main Street in Batavia at 4:50 p.m. May 8. She was issued an appearance ticket then released and is due in Batavia City Court on June 30. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Peter Post.

The pandemic has taught us at least a couple of important lessons. One is that borders matter. Another is that successful responses to threats to our safety and well-being require cooperation and coordination rather than unilateral action.

As we pause to give thanks to our law enforcers this week, we recognize the difficulty of the jobs they face. The last thing that they — and the public they protect — deserve is legislation which obstructs their mission, endangers their safety by causing DHS agencies to operate blind when it comes to DMV data, and criminalizes the cooperation which has time and again proven to be so critical to the preservation of public safety.

Indeed, amidst this crisis, such legislation might rightfully cause some to question just how important the safety and well-being of the law enforcement officers and the residents of this state truly are to those who enacted it.

A statement from Village of Bergen Anna Marie Barclay:

"The declaration (below) allows the Mayor discretion to use all facilities, equipment, supplies, personnel and other resources of the Village of Bergen to cope with the COVID-19 emergency. I anticipate that it will be critical to have Village of Bergen personnel available to respond to various needs arising in the Village. I am sure we will all rise to the occasion to help each other, safely, during this time."

Public Notice

The County of Genesee and the State of New York have declared States of Emergency in response to the COVID-19 outbreak.

The outbreak poses and immediate danger to public health and safety which endangers the residents and businesses of the Village of Bergen.

I believe it is in the best interest of the Village of Bergen and our residents/businesses for me to issue a State of Emergency in the Village of Bergen, which will allow me the discretion to use any and all facilities, equipment, supplies and other resources of the Village of Bergen in such a manner as may be neceesary or appropriate to cope with the disaster of emergency resulting there from.

In particular, but with no limitation, I anticipate that it will be critical to have the Village of Bergen personnel available to respond to specific, but currently unforeseen, needs arising in the Village. The Village of Bergen will be coordinating efforts with the Town of Bergen.

Therefore I have exercised the authority given to me and the Mayor and Chief Executive Officer of the Village of Bergen, pursuant to Article 2B of the Executive Law of the State of New York, and hereby declare a state of emergency effective this date, May 15, 2020 at 3 p.m. in the Village of Bergen, Genesee County, New York.

This state of emergency shall remain in effect for the next 30 days unless and until rescinded or extended by me for additional 30-day period.

Any residents in need of special or emergency assistance are advised to contact 9-1-1. All residents are advised to monitor the Village of Bergen website, local media reports for continued updates and advisories.

Anna Marie Barclay

Mayor

Village of Bergen

From Todd L. Rapp, operations manager / coordinator Emergency Disaster Services for The Salvation Army:

The Salvation Army is partnering with the Bergen Evangelical Presbyterian Church to distribute Emergency Food ration boxes. The boxes are provided by FoodLink and will be distributed on Monday May 18^th beginning at 3 p.m. and continuing until all the boxes are gone.

The distribution will take place in the church parking lot at 38 S. Lake Ave. in Bergen. This will be a drive-thru format.

Please have your trunk/hatch cleaned out so that the boxes may be placed in your vehicle. The volunteers will not be permitted to move your belongings.

A photo ID will be required for each household. If you are picking up a box for a friend or neighbor you must have their ID showing a different address.

Early birds will not be permitted. The lot must be kept clear for the delivery truck and for volunteers to set up.

In order to ensure social distancing standards we request that there be only one person in each vehicle. If you are in need of masks we will have a small supply available. Please ask.

Batavia Police Department is investigating a series of car break-ins and petit thefts in Batavia and police say the crimes are happening throughout the city during the overnight hours.

This video was submitted by a reader from a home surveillance camera. The photo below was provided by Batavia PD.

Det. Eric Hill said he didn't have at hand the total number of break-ins recently, but that is no more than usual for this time of year.

The cars being hit have been left unsecured.

Hill asked us to remind readers, "to bring valuables inside, lock their vehicles, and report any suspicious activity to us."

He also said if other residents have video of suspected criminal activity to please share them with police to help identify a suspect or suspects.

Anybody with information can contact Officer Peter Post at (585) 345-6350.