About seven months after stepping in as the City of Batavia interim fire chief, Dan Herberger apparently has decided that he doesn’t want the job on a permanent basis.

In a letter dated today to fire department personnel, Herberger informed his colleagues that he has declined the position, calling it “an extremely difficult decision for me to make that was based on two very basic reasons that I could not get past.”

He wrote that those two reasons were that the timing wasn’t right for his family and him and “his overall love I have for the job and the desire to be a fireman working on a fire truck.”

Herberger was named interim chief in July 2021 when Stefano Napolitano resigned as fire chief to take the deputy state fire administrator on the State University of Albany campus.

Continuing with the letter, Herberger mentioned that he enjoyed being the fire chief and was thankful for the support he received from city management, department heads and those that he supervised.

“As a department, we are very fortunate to have the relationships we do with our partners in other city departments as well as our partners in the county Emergency Management, area fire departments and local emergency services agencies,” he wrote. “It is an absolute joy to have worked with everyone in this capacity … making this decision that much more difficult.”

He wrote that he plans to stay on as the interim chief until a replacement is found.

“It is the hope of the city manager (Rachael Tabelski) that my replacement will be from within this department and over the next several weeks/months, we will work to find the right replacement,” he wrote.

Herberger, a captain prior to the interim appointment, has worked for the fire department since 2002, starting as a paramedic. He was promoted to firefighter in 2005, lieutenant in 2012 and captain in 2013.  Previously, he served in the interim chief role for 16 months prior to the hiring of Napolitano in April 2017.

Responding to an email from The Batavian, Tabelski issued the following statement:

"Dan Herberger is a great Captain and a great Fire Chief.  I respect his decision to decline the offer of the position of Fire Chief at this time, and am grateful that he will remain in the department working for the City of Batavia.  He is a valuable member of our team.

Herberger will continue to serve as Interim Fire Chief until a new Chief is hired.  I am soliciting internal candidates, and hope the position can be filled from within the department." 

File photo: City Police Chief Shawn Heubusch, left, and Interim Fire Chief Dan Herberger. Photo by Jim Burns.

Previously: Napolitano shows humility as he bids farewell to the city; Dan Herberger to assume role as interim fire chief

Press Release:

The Genesee Amateur Hockey Association invites children to the Batavia Ice Rink (aka The David McCarthy Memorial Ice Arena) on Evans Street on Saturday, March 5th for a Try Hockey For Free clinic as part of  USA Hockey  Week  Across  America.  Starting at 11:50 a.m. to 12:50 p.m. local youth, ages 4 to 9, are encouraged to experience ice hockey for the first time and learn the basic skills in a fun, safe environment.

"We look forward to welcoming families to Batavia Ice Rink to try our great sport of ice hockey,” said Sharon Gray, coordinator of the “Try Hockey for Free” event.  “Our goal is for these families to enjoy watching their kids learn new skills with big smiles on their faces.”

USA Hockey’s Try Hockey program, with the support of the National Hockey League and NHL member clubs, among others, is designed to provide youth hockey associations with a national platform for introducing children to the sport, free of charge. 

All your youngster needs is a helmet (bike or sports) and winter gloves.  Skates are available at the Rink and will be available Free of Charge through the Firland Rink Management Group. The GAHA organization does have a few hockey sticks available (but must be returned at the end of the clinic).

Players in attendance will be given a free USA Hockey jersey to take home.

To register for this Try Hockey For Free event, please visit (PLEASE NOTE – EVENT IS LIMITED TO 40 PARTICIPANTS)

www.TryHockeyForFree.com

Photo: File photo from 2016 by Howard Owens.

Press release:

Genesee County Legislature Chair Rochelle Stein announced today that Genesee County is launching a $1 million Community Development Block Grant to help businesses impacted by the pandemic.

Through the Genesee CARES Business Recovery Fund, businesses that were negatively impacted by COVID-19 will be eligible to receive a grant of up to $75,000 to aid the recovery of their businesses.  Eligible applicants are for-profit businesses within Genesee County with 25 or fewer employees.

“Despite so many of our businesses being dramatically impacted by the pandemic they have demonstrated perseverance and determination to keep their doors open and we are proud of them,” said Chair Stein.  “That is why we are so excited that our application for CDBG funding was approved as it will be a big shot in the arm to our business community as we continue our economic turnaround.”

There are four general categories of eligibility, including:

• Employment restoration/job hiring incentive: Businesses will be eligible to receive a grant totaling $20,000 toward expected annual wages for up to 3 new hires to a maximum of $60,000.
• Outdoor dining development grants of up to $50,000 to enhance outdoor dining (e.g. furniture, fixtures, equipment, and working capital expenses related to expanding, installing, or improving outdoor dining and gathering spaces.) Construction or renovation costs are not eligible.
• A maximum of $50,000 of grant funds to be used to assist with working capital expenses for businesses that can demonstrate the impact of COVID has put a strain on their cash flow.
• Business resiliency grants of up to $25,000 to support small business efforts to respond to the pandemic for projects such as developing safety and resiliency plans, purchasing PPE, installing touchless point-of-sale systems, and other improvements.

Businesses can apply across multiple grant categories for up to $75,000 per business. Job creation, retention, and restoration goals are tied to all categories.

“Throughout the pandemic, Genesee County and local economic development partners, such as the Genesee County Economic Development Center (GCEDC), formed an Economic Recovery Task Force, which met monthly to discuss the impacts of the pandemic and strategize efforts to assist with reopening and business recovery,” said Genesee County Manager Matt Landers. “Based on the extensive feedback from businesses across the county, we determined that pursuing this funding opportunity would provide the type of financial assistance they are seeking.”

“Small businesses are the backbone of our regional economy and the process for reviewing applications is similar to our micro-enterprise small business loan program so it will be a seamless process,” said GCEDC President and CEO Steve Hyde.

Businesses are encouraged to visit www.GeneseeCARES.com to review eligibility and requirements for the grant. A fillable application is available for download at the website.

Genesee County Attorney James Wujcik on Wednesday introduced a resolution to establish a local law necessary for the municipality to take part in the New York State Energy Research & Development’s Clean Energy Communities Program.

Wujcik, speaking at the Genesee County Legislature’s Ways & Means Committee meeting at the Old County Courthouse, said passage of Local Law Introductory No. A, Year 2022, is a prerequisite to participation in what is called the Energize NY Open C-PACE Financing Program in conjunction with the Energy Improvement Corporation.

“For individuals to apply and receive funding, they have to rely on a Local Law being in place,” Wujcik said. “It’s a gateway for the program to go into effect for our citizens.”

According to the NYSERDA Clean Energy Communities website, local governments in New York can use the program to implement clean energy actions, save energy costs, create jobs, and improve the environment. In addition to providing tools, resources, and technical assistance, the program recognizes and rewards leadership for the completion of clean energy projects.

“It will help the county’s overall score when it comes to green energy initiatives,” Wujcik added.

Legislature Chair Rochelle Stein said county residents will be able to invest in energy enhancements on their properties or for their businesses through the loan program under terms set by NYSERDA. She said the idea was forwarded to the legislature by officials at the Genesee/Finger Lakes Regional Planning Council.

The Ways & Means Committee approved the resolution and another setting a public hearing on the local law for 5:30 p.m. March 9 at the Old County Courthouse. If passed by the full legislature, it would take effect upon filing with the New York Secretary of State.

For more information on the program, go to Clean Energy Communities - NYSERDA.

In other action, the committee:

• Approved a contract for $7,000 with the Benjamin Center at SUNY New Paltz to calculate the weighted vote for each district within Genesee County in light of the need for the legislature to conduct a reapportionment update following the recent Federal Census.

The resolution indicated that Genesee County is unable to perform this task in-house due to the technical nature of it, and reached out to three companies for assistance. The Benjamin Center came in with the lowest quote.

The legislature’s weighted voting system is used to ensure that residents of the various towns are properly represented, based on population.

• Approved a five-year contract with Drescher & Malecki LLP of Cheektowaga for independent auditing services after learning that Freed Maxick, based in Batavia, did not want to renew its contract that expired in 2021.

County Treasurer Scott German recommended going with the Cheektowaga firm, noting that it audits the books for 22 other New York counties. The $41,985 cost for 2022 is a $10,985 increase from the 2021 expense.

The remaining years of the contract are set at $42,825, 2023; $43,681, 2024; $44,555, 2025, and $45,446, 2026.

Heavy rains are expected to hit Genesee County this afternoon and the rain along with snowmelt could cause minor flooding in the Tonawanda Creek, according to the National Weather Service

There is a flood warning in effect.

Water flows in creeks and rivers are likely to increase quickly and reach critical levels, according to the weather service.

There is also a winter weather advisory in effect from 7 p.m. to 9 a.m.  The forecast is for mixed precipitation and snow as temperatures fall tonight.  The snow accumulation could be from 2 to 4 inches along with ice accumulation. Winds could gust as high as 45 mph.  The weather service warns travel may be difficult.

UPDATE via Accuweather:

The weather will change in dramatic fashion with a rapid freeze-up anticipated across portions of Midwest and interior Northeast due to a multifaceted storm that will continue to push across the country from Thursday night into Friday, AccuWeather meteorologists warn.

Temperatures have already plummeted from springlike levels on Wednesday into the 20s across parts of the central United States as a snowstorm created slippery travel conditions.

"We are turning the clock back to January in the central United States on Thursday and Thursday night and will do the same in the Northeast on Friday," AccuWeather Chief On-Air Meteorologist Bernie Rayno said.

After surging to levels more typical of April in many areas, temperatures are forecast to plummet to 10-20 degrees or more below average for mid-February from west to east across the Plains, Midwest and Northeast into Friday.

As temperatures plunge from west to east, areas of standing water, slush and moisture will freeze unless treated with significant ice-melting compounds. On top of that, many crews may not be able to successfully pre-treat roads as rain will quickly wash away chemicals used to melt snow and ice.

 

Press release:

Congressman Chris Jacobs (NY-27) introduced the School Resource Officer Act of 2022 to provide additional funds to support School Resource Officers. The legislation was originally cosponsored by Representatives Stefanik (NY-21), Newhouse (WA-04), Bacon (NE-02), and Bost (IL-12).

“School Resource Officers play an integral role in building strong relationships between our students and police, as well keeping kids safe,” Jacobs said. “I am proud to introduce this legislation to provide additional funds to support school Resource Officers, and I will always stand with the men and women of our law enforcement and work to keep our children safe.”

“Our North Country families should always have peace of mind when dropping their children off at school,” Stefanik said. “I am proud to support this legislation that supports our law enforcement officers that protect our children, teachers, and schools.”

“I am committed to ensuring Central Washington students have the best learning environment available to them, which is why I have consistently advocated for school choice and more parental input in their child’s education. This legislation goes a step further by directing additional funding toward school resource officers, who play a critical role in making students feel safe and are responsible for developing school safety plans. This important legislation protects our students and communities while ensuring that law enforcement agencies have the resources they need in order to provide this service to their communities,” Newhouse said.

“School Resource Officers not only play a critical role in keeping schools and students safe, but they also serve as educators and informal counselors, and are important members of the school family,” Bacon said. “At a time when schools across the country are adding or bringing back School Resource Officers, this legislation will help those law enforcement agencies who have seen a reduction in funding hire additional SRO’s.”

“As a father, grandfather, and former first responder, ensuring that our children and grandchildren are safe at school is one of my top priorities. A big part of that is having dedicated school resource officers on campus to respond in emergency situations. The COPS program helps ensure that school districts have the resources and officers needed to keep students safe in the classroom,” Bost said.

The School Resource Officer Act notably has the following provisions:

• Authorization of Appropriations: Authorizes the Community Oriented Policing Services (COPS) program in the Department of Justice at $500,000,000 for each of fiscal years 2023 through 2026.
• Reserves Funding Specifically for School Resource Officers: Not less than 30 percent of funding for hiring programs within the COPS program will be used to pay the salaries and benefits of school resource officers.
• Awarded Grant Terms: Federal funds may provide up to 75 percent of salary and benefits of full-time officers with a 25 percent minimum local cash match requirement. Maximum federal share cap is increased to $125,000 per officer position.

After nearly a year of revised plans, land surveys, drilling wells, environmental impact reviews, engineers and planning board meetings, Pavilion resident Jesse Coots finally heard the long-awaited words he had hoped for Wednesday evening at Pavilion Town Hall.

Pavilion Town Planning Board unanimously approved his request for a special use permit to build Lokee-Hikee Campground at 10156 Perry Road. 

“Now, therefore, be it resolved, the Planning Board hereby authorizes the zoning enforcement officer to use a special use permit,” Planning Board Chairman Bill Fuest said, adding a comment during his time to vote. “Yes. I believe everything is in alignment with the Pavilion zoning codes so I vote yes.”

The nod of approval came after a few revisions were made to the request, and with several conditions that must be met by Coots as the applicant, Fuest said. A propane tank has been repositioned from the south end to the north side of the main entrance, with Bollard posts to protect it, he said. The town zoning code only allows for one use on the premises, so the applicant’s request for a massage therapy business “has been dropped,” Fuest said. 

A laundry list of items include that the applicant would have to be and remain in compliance with local, county and state laws and codes, the zoning ordinance and local fire department’s directives about dry fire hydrants and Mercy Flight landing space; be subject to a property inspection by the town code enforcement officer before operations begin; and comply with the permit not being transferable. The special use permit will expire if not used within one year of approval. 

A public hearing on Jan. 26 brought out several people to speak either for or against the proposed campground. That piece of Perry Road land is 110 acres — and an estimated $250,000 investment so far — that has required a special use permit, engineering, topographical surveys, drilling for wells, securing town board approval and doing everything they can to ensure the site will be environmentally sound and neighbor-friendly, Coots had said. 

The proposed site is 26.4 acres to be carved out of the total 110-acre property with woods, wetlands and rolling topography. The campground is to be seasonally operated, neatly landscaped and maintained, and geared toward families, retirees, and seasonal occupancies, he said. Amenities are to include a registration building and camp store, food service, a swimming pool, public restrooms and shower facilities, and a recreational fishing pond. 

The application is for approval of 145 total campsites that would be developed in multiple phases and compliant with the town’s zoning ordinance. In addition to the town  Planning Board’s approval, the project has also been reviewed by Genesee County and the New York State Department of Environmental Conservation.  

During a prior Planning Board meeting, Coots needed to address the use of an existing driveway at 10162 Perry Rd., the campground’s main entrance, plans for the whole 110 acres (half to be for farming and half for campsites), water, septic, buffering, dark sky technology and the recreational area, according to meeting minutes from an initial meeting in May 2021.

Due to the controversial aspect of the project — some neighbor and area resident complaints — the board opted to keep the public hearing open until this next meeting on Feb. 16 for additional comments. Four more people submitted letters citing various reasons for being against the project, such as an estimated lowered property assessment for neighboring homes, campfire fumes, and noisy, dusty vehicle traffic.

Carol Ann Wolfe, as a licensed real estate appraiser, Mike Fisher, Ronald Zarbo and Mary Schillinger-Cooke of Keller Williams Realty of Greater Rochester sent those opposition letters. John Tinelli’s letter added another position in favor of the campground. As a fellow recreational park owner, Tinelli listed ways the project could enhance the town and general area.

There was little discussion by the board before the final vote to approve the special use permit. Members Patrick Boyd, Tim Welch, Liz Conway, Don Brooks, Gary Kingsley, Lisa Schiske, and Fuest voted yes. 

Top photo: Pavilion resident and business owner Jesse Coots, shown with wife Jolene and their daughters, Souly, Trilly, and Cricket, received the special use permit necessary to proceed with plans for Lokee-Hikee Campground in Pavilion. File photo by Howard Owens.

This is an updated site plan for the campground. To view it in more detail, click here to view the PDF.

A banking bureaucracy has left a historic home in Pavilion vacant for at least two years and now an outbuilding that fell into disrepair needs to be removed before it further damages property on a neighboring residence.

The Town of Pavilion Board will meet in an emergency session at 6 p.m., Friday, to consider and likely pass a resolution authorizing the town to hire a contractor to tear down the outbuilding. 

It's a sad situation, said Town Supervisor Rob LaPoint. 

"Everyone in town is frustrated about this," LaPoint said.

The former owners, Carol and Don Logan are both deceased, with Carol passing away in 2019. They had a reverse mortgage on the property and the bank has apparently been unwilling to take title to the property.

The Logan's children have, for some reason, been unable to get title to the property, so since Carol's death, the house and its barn and outbuilding have sat neglected and rotting in the elements.

"They (the children) love the buildings," said LaPoint, who remembers playing at the Logan property when he was a child. "If they had the ability to do something, I'm sure they would."

LaPoint believes either HUD or FHA is planning an eventual foreclosure on the property but it's unclear when that may happen.

There have been several parties interested in buying the property and rehabilitating it, including a daycare center, LaPoint said, but the bureaucracy of it all has prevented anybody from making a purchase offer. 

The town code gives the town authority to demolish buildings considered a public safety hazard or a hazard to the property of others. If it wasn't an emergency, there would be a waiting period for the rightful owner of the deteriorating structure to handle the demolition themselves but since this is an emergency situation, the town will be able to order the outbuilding's immediate demolition.

The cost of the demolition will be placed on the tax role of the property and an eventual new owner will be responsible for back taxes.

The Greek-revival house was built in 1825 and has three bedrooms.  It is 3,166 square feet.  The estimated full market value, according to Genesee County OARS, is $161,957.

Top Photo: Genesee County OARS photo.

Genesee County GIS Map image.

Google Street View image.

If local veterans are willing to commit their time to provide military funeral honors at the Western New York National Cemetery on Indians Falls Road in Corfu, then they need to present themselves in a dignified manner.

That’s the view of the Genesee County Legislature’s Ways & Means Committee, which at a meeting this afternoon, approved a resolution brought to them by William Joyce, Veterans Services Agency director, to fund honor guard uniforms for military funerals.

The WNY National Cemetery Honor Guard, Inc., consists of 78 members from eight Western New York counties, including 32 residents of Genesee County – all volunteers – who serve their fallen military members’ families at the burial grounds.

Pending a vote by the full legislature next Wednesday, the county will take up to $8,000 from a contingency account to make sure the Genesee County residents who are honor guard members have the proper uniforms.

“I’m really proud to be the Veterans Services officer for this county,” Joyce said, speaking to Ways & Means Chair Marianne Clattenburg, who initiated the possibility of county funding. “I don’t ask for that much, and really appreciate your work in backing this.”

Joyce said that the program will be coordinated by Tom Cecere, quartermaster for Genesee County members, who will keep track of the uniforms that will become the property of the honor guard. Veterans serving in this capacity will be required to turn in the uniforms upon leaving the honor guard.

“The $8,000 is a good start and it (the cost) may come down,” he said.

Legislature Chair Rochelle Stein said it is the legislature’s honor to provide the uniforms for the National Cemetery, while County Manager Matt Landers said that he will explore funding for this endeavor on an annual basis.

Joyce reported that the cemetery has conducted 811 burials from Dec. 18, 2020 thru Dec. 18, 2021 in all weather conditions and the new administration building is now open.

In related news, Joyce said that a local seamstress has repaired 278 flags to date – all at no cost to the cemetery foundation.

“We asked her for an invoice and she said she didn’t want anything,” he said. “She said that it was an honor that she was asked to do this.”

File photo: Flags at the Western New York National Cemetery. Photo by Howard Owens.

The Genesee County Legislature is expected to vote next week on two resolutions proposed by County Manager Matt Landers that would extend contracts with the architectural and construction management companies involved with the new $70 million county jail project.

The legislature’s Ways & Means Committee (today) and Public Service Committee (on Monday) approved extending the construction timeline with The Pike Company of Rochester from 18 to 20 months, based on the current market and supply chain constraints.

Landers said the specific start date hasn’t been set yet, but when it does it will be for 20 months – fitting into the June 1, 2022 through April 30, 2024 time period.

Since time is money, the extension will result in an increase of $121,298, with almost $96,550 of that for Pike to manage the extra two months of the construction time frame, Landers said.

“The remainder is cost escalation for Pike’s rising costs from delaying this project so long,” he added.

The other resolution is for two one-year renewals of the contract with SMRT Architects and Engineers of Latham, stretching out the agreement through February 2024. In this case, there is no additional cost to extend the pact.

The full legislature will convene at 5:30 p.m. next Wednesday.

Landers said that construction bid packages were released on Feb. 8. Bid awards are expected to go out in March with groundbreaking of the 184-bed jail on West Main Street Road scheduled for April.

Qumane Santiago

A Walnut Street resident who got into a tussle with Batavia patrol officers on Oct. 20, 2020, leading to one of the officers sustaining an injury, told Judge Melissa Cianfrini in County Court today that he didn't do anything wrong.

He then entered a guilty plea to assault in the second degree as part of a plea agreement that caps his potential prison term at three years.

Qumane J. Santiago, 23, entered a plea on an Alford basis. The plea means that Santiago is accepting a plea deal because he believes a jury would convict him of the multiple charges against him, exposing him to a potentially longer prison term, even though he disputes the facts of the case as presented by the prosecution.

When asked by Cianfrini if that was the reason he was pleading guilty -- a legal requirement to clarify that the defendant understands the plea -- Santiago said he was only pleading guilty because he wanted to get the case over with.

"I'm not going to admit to something I didn't do," Santiago said. "I just want to go along with what you all want me to do."

Cianfrini explained to Santiago that there is nothing she was asking him to do and that whether to plead guilty or not was entirely his choice.

"I don't want you to do anything you don't want to do," Cianfrini said. "It's your decision. You have a right to a trial."

For sentencing purposes, Santiago also admitted to having a prior felony conviction.

The plea satisfies a four-count indictment delivered by a grand jury on May 21.  Besides the assault, Santiago was indicted on an additional count of assault 2nd, resisting arrest, obstructing governmental administration, and criminal mischief.  An additional harassment charge, related to an incident at the jail, from a separate case pending in City Court was also dropped.

As part of the Alford plea, Assistant District Attorney Joseph Robinson was required to provide the facts of the case that would be used to convict the defendant if the case went to trial.

Robinson said on Oct. 23, 2020, Officer Peter Post and Sgt. Dan Coffey responded to a residence on Walnut Street for a report of an assault inside the residence. When the officers attempted to detain Santiago, he barricaded himself inside the residence. The officers observed him damaging inside the residence so they used force to enter the residence. Santiago tried locking himself in a bedroom and the officers broke down the door.  When they attempted to take Santiago into custody, there was a struggle on the bed and Post suffered a cut on his leg from a sharp object on the bed that required medical attention. 

Robison said there was body-worn camera footage as well as photographs to substantiate the charges.

Robinson has other prior arrests in Genesee County, including criminal trespass, menacing, and conspiracy and robbery. 

Santiago remains free on bond and is scheduled for sentencing at 11 a.m., April 27.

Team Zing, representing the Youngstown Yacht Club, is in third place overall after two of three legs of the IC37 Winter Series Lauderdale Cup sailboat race in Fort Lauderdale, Fla.

The crew, which includes Batavia High School junior Charlie Kegler in the jack-of-all-trades “floater” position, competed earlier this month and did very well – placing first after day one and second after the second and final day.

When combined with results from the first leg last November, the team is third out of seven crews who will meet once again on March 18-20 off the coast of the southern Florida city.

Kegler’s father, Charles, said Team Zing missed out by a mere one second from taking the top spot on the second leg.

Submitted photo: Team Zing competing in the IC37 Winter Series Lauderdale Cup earlier this month.

Previously: Batavia High student finds smooth sailing as junior member of Youngstown Yacht Club racing crew

The Batavia Town Planning Board on Tuesday night quickly approved a request by Yost Neon Display, Inc., of Buffalo to erect two lighted wall signs on the City Mattress warehouse and distribution center at 7999 Call Parkway.

Placement of the signs – one of them is 6 feet by 16 ¾ inches and the other is 6 ½ feet by 39 ¾ inches – previously was recommended for approval by the Genesee County Planning Board and meets all Town of Batavia zoning codes.

Board members reported that the next Town of Batavia solar committee meeting is scheduled for 6 p.m. Feb. 22 at the Town Hall on West Main Street Road. The agenda will focus upon final revisions to the town’s solar ordinance.

 

With O-At-Ka Milk Products’ new $5.5 million pretreatment plant online and the Dissolved Oxygen levels at the City of Batavia’s Waste Water Treatment Plant on the road to recovery, a once-tense working relationship between the two entities has moved into a “spirit of cooperation” phase.

Both William Schreiber, O-At-Ka Milk’s chief executive officer, and City Manager Rachael Tabelski reported to The Batavian that recent discussions over wastewater flowing from the Ellicott and Cedar Street industry into the WWTP as well as the condition of the lagoons have been positive.

So positive, in fact, that the city has rescinded the cease-and-desist order it invoked upon O-At-Ka last October when city employees discovered that O-At-Ka’s wastewater contained exceptionally high levels of contaminants.

Schreiber, speaking by telephone this morning, said he received a letter from Tabelski that the restriction has been lifted, and Tabelski confirmed that via an email.

“O-At-Ka’s pre-treatment efforts and recent solution have gone well, and have positively impacted the recovery of the Waste Water Treatment Plant,” she said on Tuesday. “We continue to have discussion about a variety of matters, and look forward to the continued relationship moving forward as they continue to grow here in Batavia.”

Tabelski said the DO levels have recovered, “but we continue to monitor all or our industrial users, review daily DO samples from the ponds, and are working daily on an in-depth analysis of the entire system (WWTP Headworks) to further improve the WWTP.”

She said the study will take about a year to complete and will help the city determine future capital projects at the WWTP.

Schreiber, mentioning a productive meeting last Friday, said “the real message” is that O-At-Ka and the city are cooperating.

“We were on a thin line there for a while,” he said, referring to an impasse that resulted in O-At-Ka having to spend nearly $1.5 million to haul waste to other locations last fall. “But we've managed to navigate our way to a better place on both sides. So, I am feeling much better about the spirit of cooperation that we're getting from the city and their willingness to work with us on a solution that works for both parties.”

He said the company’s new pretreatment plant, which was approved by the Upstate Niagara Cooperative board of directors months before any problems with the city surfaced, is consistently producing effluent that meets the parameters established in the permit with the city.

“This was our goal from the beginning – to build a properly-sized plant that could accommodate our growth and allow us to operate without paying additional surcharges to the City of Batavia,” he said. “Our board (O-At-Ka is owned by Upstate Niagara) approved the funds in January of 2020 and we took this step without provocation or an imperative from others.”

Submitted photo: Modern production line at O-At-Ka Milk Products in Batavia, where cans and bottles are moved via a lube-less conveyor, selected for its sanitary design.

Previously: O-At-Ka Milk Products CEO encouraged by progress of its pretreatment facility

A 2020 capital project to expand outdoor amenities at Jackson Primary School is returning to the table for a vote during this week’s Batavia City School’s board meeting.

The project involves a building at 245 Liberty St., Batavia, which was donated to the city school district in December 2017. Board of Education members are expected to vote on its demolition after a survey, based on the State Environmental Quality Review Act (SEQRA), has declared a negative impact from the work.

The meeting is set for 6 p.m. Thursday at Batavia High School’s library, 260 State St.

Demolition of the site — the former Country Pride Bakery Mart — is part of a plan to create additional parking and green spaces, and a pedestrian walkway adjacent to Jackson Primary School. The SEQRA is a stipulation enacted by the state of New York that all local and state government agencies must uniformly reflect the environmental impacts when considering taking social and/or economic factors into action.

School board members are also to vote on a resolution that supports the state Senate bill S7600 regarding cyber bullying. This amended bill establishes that “any person who knowingly engages in a repeated course of cyberbullying of a minor is guilty of an unclassified misdemeanor punishable by a fine of not more than one thousand dollars, or by a period of imprisonment not to exceed one year, or both.”

Other votes include:

• The purchase of portable two-way radios as part of public safety communications in school buildings. The price to buy the radios from Saia Communications Inc. is $41,277.22.
• An energy performance contract with Energia and Johnson Controls, Inc.
• A proposed baseball trip to Florida.
• Several district personnel appointments and retirements.
• A revised emergency roof repair plan from Campus Construction Management and the proposed bid from Spring Sheet Metal and Roofing, LLC for Batavia High School.
• A Memorandum of Agreement between the Batavia City School District and Batavia Clerical Association.

Time is allotted for public comments at the beginning of the session. This meeting will be live-streamed via YouTube at:  https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg?view_as=subscriber

 

Pembroke Central School’s regular board meeting on Feb. 22 has been canceled, however, an impromptu meeting has been scheduled for this week, Superintendent Matthew Calderon says.

The original meeting was scheduled during the board’s reorganizational session this past July. It was more recently deemed unnecessary due to no “pressing business," Calderon said to The Batavian on Monday.

An Unexpected “more pressing issue" arose, he said Tuesday, prompting a special board meeting to be set for 7 p.m. Thursday at the district office, corner of routes 5 and 77. 

“Basically, we recently had a bid opening for our ADA/BCS capital project, and the board needs to award the bids sooner than later in order to start the project on time,” Calderon said. “That is the main reason for the meeting, and we will also approve a few other items.”

The capital project stems from Americans with Disabilities Act and Building Conditions Survey (ADA/BCS) issues. A meeting agenda is to be posted on the district’s website by Wednesday, he said.

For more information, go to: https://www.pembrokecsd.org/page/board-of-education-home-page
 

No matter how you slice it, the inaugural season of the Batavia Notre Dame merged hockey program has been a successful one. And it became much sweeter tonight before a large, enthusiastic crowd at the newly-named David M. McCarthy Memorial Ice Arena on Evans Street.

Junior forward Cooper Hamilton’s goal with 5:15 remaining in the third period broke a 2-2 tie and Coach Marc Staley’s United squad went on to post a 4-2 victory over the Hilton Cadets in the opening round of the Section V Class A tournament.

The win lifts the seventh-seeded BND’s record to 12-6-3 and sets up a quarterfinal matchup against No. 2 Victor at 5 p.m. Thursday at the Rochester Ice Center on Lyndon Road in Fairport.

Tonight’s contest featured inspired play by both teams – especially goaltenders Frank Falleti Jr for BND and Luciano Chinappi for Hilton, who time and time again came up with spectacular saves.

United fired 50 shots at Chinappi – 19 of them in the decisive third period – while Falleti turned away 31 of 33 shots by the Cadets.

Staley pointed to his team’s ability to dig deep when the game is on the line as a key factor in the victory,

COMING THROUGH IN THE CLUTCH

“This team is resilient,” he said. “We've been resilient all year. We’ve been down in the third period and we've come back to win before, and even when they (Hilton) came back and tied the game, there was no panic on our bench, none at all.

“In a pressure moment -- do or die at home and a new merged program. A lot of these kids haven't been in big sectional games before. And they did a great job executing our defensive game plan the last seven or eight minutes by keeping the clock running and getting the pucks deep.”

Hilton opened the scoring 8 minutes and 19 seconds into the game when senior defenseman Rylan Searley’s shot from the point went through Falleti’s legs and into the back of the net. Senior forward Dominic Goodenow picked up an assist.

BND was unable to convert several good scoring chances on two power plays prior to that, and junior Noah Hudson, playing on the front line tonight due to three teammates being out with illness, was thwarted by Chinappi in front with five minutes left.

A pair of stellar saves by Falleti in the closing three minutes of the period kept the deficit at one goal.

GAVIN SCHRADER TIES IT UP

United tied it up at the 9:48 mark of period two when senior Gavin Schrader (in top photo winding up for a shot), Section V’s leading scorer, deposited the rebound off the initial shot by junior defenseman Bryce Feldmann.

The home team took a 2-1 lead with 2:05 left in the period when freshman forward Jameson Motyka took a pass from freshman forward Brady Johnson, skated in alone, put a nifty fake on Chinappi and backhanded the puck into the net for a shorthanded goal.

Hilton killed off a United power play with 9:23 on the clock and four seconds later tied the score at 2-2 when Goodenow flew in from the left side and flipped a rebound past Falleti.

Four minutes later, Hamilton came through with what proved to be the game-winning goal (Motyka and Johnson assisted) and Johnson sealed the deal with 2:14 remaining by converting a pass from Motyka.

Staley said he expected a hard-fought game against Hilton, which came into the contest with a 6-10-4 record.

“They’re a great hockey team; much better than their record because of the difficult schedule they play,” he said. “Our plan was to stay out of the (penalty) box and to limit the odd-man rushes, although we did give up a few of those.”

FALLETI, DIRISIO STRONG ON ‘D’

He also credited Falleti and senior defenseman Vin DiRisio for rising to the occasion.

“Frankie was spectacular. I mean, he made four saves in that last period that were probably the difference in the game,” Staley said. “And Vincent was incredible on defense. When he puts his mind to it, and stays focused on hockey, and doesn't get drawn in, he's one of the best players in the league. I think he's learning that and, now he’s seeing the fruits of that labor.”

Staley also singled out Schrader’s ability around the net and said that Motyka’s shorthanded goal triggered the loudest cheer “I’ve heard in this building in 10 years.”

“We had a lot of great individual efforts,” he said. “I thought defensively that (Andrew) Kasmarek was excellent and Feldmann was very strong in the back. We got great minutes from Bartzie (Alex Bartz), (Noah) Whitcombe and Gino Falleti.

“That's really key when we can get that third line in and they can eat 10 to 15 minutes of the clock for us. That just keeps our other guys fresh.”

FACING VICTOR FOR THIRD TIME

United only gets a day or so to celebrate before facing Victor, 16-2-2, for the third time in the last three weeks. BND beat the Blue Devils, 4-2, on Jan. 27 but dropped a 9-0 decision on Feb. 3.

“I think the kids are excited to have a third crack at them,” Staley said, adding that maybe Victor might be a bit overconfident coming off of the lopsided win.

“Our kids know we can beat them and we wanted another shot at them because we didn't play well last time,” he said. “The beat goes on. The train keeps rolling.”

Staley said sophomore forward Addison Warriner and junior forward Ryan Hamilton will not be able to play on Thursday, but he is hoping that senior forward Zack Eschberger will be available.

United's Brady Johnson moves in on Hilton goaltender Luciano Chinappi as Evan Fish (15) defends on the play.

BND goalie Frank Falleti Jr. secures te puck as teammate Parker Corbelli checks the Hilton player.

Jameson Motyka takes aim at Chinappi during the first period for BND.

Falleti and teammate Vin DiRisio slide on the ice to prevent the Cadets from finding the back of the net.

Photos by Howard Owens.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined his Assembly Minority colleagues yesterday in urging lawmakers to vote on legislation (A.8101) to prohibit state agencies from mandating the masking of healthy, asymptomatic children in schools and other similar public settings. This amendment was voted down overwhelmingly by members of the Assembly Majority.

Hawley has for months called for the state mask mandate to be terminated in all public settings, including schools. He believes that the authority to implement mask mandates and similar public health policies should rest with local governments and health departments, who have a better understanding of the needs and circumstances of their communities than state-level bureaucrats.

“Last night’s vote made it clearer than ever which members of the Assembly truly stand behind parents,” said Hawley. “I am deeply disappointed that members of the Majority last night were more concerned with preserving the power of the governor than listening to our parents and the most recent data on COVID-19, which shows new infections are steeply declining. Even though this proposal did not pass, it will at least make it obvious to voters which of us in this chamber are willing to stand up to the endless mandates of Gov. Hochul.”

Press release:

Congressman Chris Jacobs (NY-27) submitted a comment to the New York State Department of Health in opposition to the proposed rule I.D. No. HLT-50-21-0002-EP, pertaining to Investigation, Isolation, and Quarantine for communicable diseases.

“As this proposed rule is written, it could give local health officials the power to remove individuals from their homes and place them in a government-controlled quarantine facility if they are simply exposed to COVID-19 or other communicable diseases,” Jacobs said. “Not only is this blatantly authoritarian, but it is an affront to the individual freedoms and liberties of each and every New Yorker. As other states move to end COVID-19 restrictions, New York State is actively working to assume more power over residents’ lives and implement policies that violate their constitutional rights – I strongly oppose any such measure.”\

Jacobs full comment, submitted to the New York State Department of Health – Bureau of Program Counsel, Regulatory Affairs, can be read here:

Dear Ms. Ceroalo,

I urge you to not to adopt the above-referenced proposed regulation relating to investigation, isolation, and quarantine in response to an outbreak of communicable disease. This proposed regulation is both unnecessary and contrary to the established laws of New York State.

The regulation as currently drafted gives state and local health officials the power to remove residents from their homes and place them in a government-controlled facility. It includes not only people who are confirmed infected with COVID-19, but also covers people simply exposed to COVID-19. We are almost two years into the COVID-19 pandemic and there are very few instances of New York State, or any state for that matter, forcibly quarantining people outside their homes. Circumstances have not changed so that they must do so now. There is no evidence that this policy if implemented would even have any effect on the spread of communicable diseases. The notice of rulemaking does not cite any scientific evidence to support this policy, and only refers generally to the spread of COVID-19 as justification for the regulation’s necessity.

The regulation is also a plain violation of New Yorkers’ freedoms and New York State law. Because the rulemaking covers people who are even only potentially exposed, the regulation can affect almost every New Yorker. The notice of rulemaking cites Section 225 of the Public Health Law. This is an extremely broad reading of the law. Under the State’s interpretation, there is virtually no limit to what the Department of Health can do. Furthermore, it is simply wrong for the government to remove individuals from their homes based on a temporary medical condition. We are a country and a state that prizes individual freedom and respects due process. This regulation flouts both of those values.