A 57-year-old Fillmore man died on Bethany Center Road, Town of Stafford, today after a 2012 Harley-Davidson he was driving struck broadside a pickup truck that was attempting to turn around a few hundred yards north of a crest of the hill.

Donald M. Bernard was northbound when his motorcycle hit the passenger side door of a 2019 Honda pickup driven by Joseph C. Johnson.

Bernard was pronounced dead at the scene. 

The investigation is ongoing but Chief Deputy Brian Frieday indicated at the scene this afternoon that charges are possible.

Town of Batavia fire and Mercy EMS responded to the scene.

The collision is being investigated by the Crash Management Team.

NOTE: In accordance with an agreement with the Sheriff's Office, The Batavian withheld publication of photos or a video prior to the name of the victim being released to ensure family notifications were complete.

Press release:

As of 2 p.m.

• Genesee County received three new positive cases of COVID-19, for a total of 221 positive cases.
  • All of the new positive individuals reside in Darien.
  • One of the individuals is less than 20 years old, and two of the individuals are in their 40s.
  • All of the new positive individuals were on mandatory quarantine prior to testing positive
• Orleans County received zero new positive cases of COVID-19 today for a total of 264 positive cases
  • Two of the previous community positive cases have recovered and have been released from mandatory isolation.
  • Ten 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.
  • We are saddened to report the death of one of our county residents. This person lived at the Orchard Rehabilitation and Nursing Center. We extend our deepest condolences to the family and friends of this individual during this very challenging time.

There are 11 active cases and 43 people in quarantine.

Press release:

The Holland Land Office Museum reopens to the public today, June 26, at its normal business hours. The museum will be open Tuesday through Saturday from 10 a.m. to 4 p.m.

The museum will be reopening with some noticeable changes.

Firstly, the museum is implementing its Safety Plan, which requires all visitors to the museum to wear masks and admission will be limited to 10 at a time. Also, visitors are asked to refrain from touching any of the artifacts and cases, and to follow our “one way” floor plan. Visitors are also asked to maintain the 6 foot social distancing protocol and to use the hand sanitizer and washing stations around the museum.

Secondly, the museum is reopening under a new admission policy. Visitors to the museum will now have to pay an admission fee. The ranges include: Free for Museum Members, $1 for Children, $3 for Students/Veterans/Seniors, $5 for Adults, and $10 for a Family of four.

The HLOM is instituting a strict cleaning procedure to ensure the safety of our staff, volunteers, and visitors, but wishes everyone to come by and visit us and see all our treasures of the history of Genesee County.

Thank you to all who have supported us in the past, through this difficult time, and continue to into the future. 

If you have any questions please contact the museum by phone at (585) 343-4727 or email at hollandlandoffice@gmail.com. Information can also be found on our website, hollandlandoffice.com, or our Facebook page.

One of the largest employers in Western New York, Six Flags Darien Lake offers competitive pay, free admission with your employee ID, free tickets for friends and family and more

Longtime Western Regional Off-Track Betting (WROTBC) employee Aaron Galanti was named the new Track Superintendent at Batavia Downs on Thursday after Fran Mruczek announced his retirement on Monday (June 22).

Galanti has worked under Mruczek for a number of years.

Galanti joined WROTBC, the owner of Batavia Downs, in 2008 and has worked with the track crew since 2009.

“I’m extremely excited for the opportunity to become the track super,” Galanti said.

“Equine safety will continue to be our number one priority at Batavia Downs and I look forward to working with all the horsemen and horsewomen in regards to such.”

“We can’t thank Fran enough for his many years of dedicated service to our corporation," said Todd Haight, director/general manager of Live Racing. "It was not unusual to see Fran out on the track at 10 p.m. watering on dark days or here at 3 a.m. plowing snow. The racetrack was certainly his baby.” 

“And we’re all very happy for Aaron; he’s a great guy who has earned this opportunity. He has learned from the best and is ready for his new role; I’m confident he’ll do an outstanding job.”

Live harness racing returns to Batavia Downs on Saturday (July 25) with post time scheduled for 5 p.m.

Photo courtesy of Batavia Downs.

Emergency dispatch has received a report of a motorcycle down in the roadway with the rider in the roadway unresponsive.

The location is at Bethany Center Road and Ellicott Street Road, Batavia.

Town of Batavia fire along with Mercy EMS responding.  

Mercy Flight is on in-air standby.

UPDATE(S) (By Billie)11:28 a.m.: There is loose gravel on the roadway at the crash site. A portion of Bethany Center Road is shut down to through traffic.

UPDATE 11:32 a.m.: Per town command, Mercy Flight's in-air standby is cancelled and it is put back in service.

UPDATE 11:35 a.m.: The county's Crash Management Team is summoned to the scene.

UPDATE 11:42 a.m.: A silver pickup truck was also involved in this accident; no word yet on injuries, if any, to the occupant(s). The truck is up an embankment on the east side of Bethany Center Road.

UPDATE 12:33 p.m.: This was a fatal accident. The motorcycle rider who died at the scene is an older male who lived out of the area, according to Genesee County Chief Deputy Brian Frieday. The rider was northbound on Bethany Center Road when he went over the crest of a hill and slammed into the silver pickup truck. The truck driver had pulled into a driveway near the crest of the hill in order to turn around and change direction of travel, when he pulled out of the driveway in front of the motorcyclist, who he never saw coming, Frieday said. The truck driver was not injured.

Press release:

The City of Batavia Police Department is proud to introduce the newest member of the Department, K-9 “Hank,” with handler Officer Stephen Quider. “Hank” is a 1-year old Belgian Malinois/Shepard mix from Holland.

He was purchased from Upstate K-9 with asset forfeiture funding from the Department of Homeland Security Investigations in Buffalo. “Hank” and Officer Quider have begun their training in Monroe County. “Hank” will be trained as a dual-purpose Police K-9. He will be trained in narcotics detection, tracking and apprehension.

The Police Department conducted an initial fund-raising effort last year to help offset some of the costs associated with the program and received overwhelming support, raising more than $11,000 to date. All donations go toward food, toys and medicine to ensure “Hank” remains healthy and happy.

The Department continues to accept donations to assist in supporting the program, anyone wishing to donate can contact the City Police Department at (585) 345-6356.

Video by Le Roy High School Principal Tim McArdle.

A dog has reportedly been locked in a blue Chevy Equinox for more than 30 minutes in the parking lot behind Settler's Restaurant.

Batavia PD is dispatched.

Western Regional Off-Track Betting Corp. directors today voted to grant three easements to the Town of Batavia to support the municipality’s $3 million road project stretching from Lewiston Road (Route 63) to Oak Street (Route 98).

“They are small pieces of the property -- three parcels the Town needs to do the work,” WROTB President Henry Wojtaszek said following the board’s conference call meeting. “This will result in major improvements (along the road).”

The Town is in the process of acquiring easements from three Park Road properties -- Batavia Downs Gaming, Alex’s Place and Benderson Development, owner of the former Kmart – as part of the design phase, said Tom Lichtenthal, the Town’s highway superintendent and assistant engineer.

Lichtenthal said the New York State-funded project has been in the works for 12 years.

“It looks like we finally received the money and it looks like we are going to be able to move forward with the project,” he said.

Lichtenthal said the rehabilitation will include new pavement, curbs and curbing from Lewiston Road to Richmond Avenue with sidewalks on both sides of Park Road.

From Richmond Avenue to Route 98, pavement will be overlaid and sidewalks installed on one side of the road, he said. The sidewalks will be placed on the same side as the Genesee County Sheriff’s Department office until the road bends, and then on the other side from the hotels that stretch to Route 98.

He also said that new water lines will be put in and street lights will be installed on Park Road between Route 63 and Richmond Avenue.

The Town of Town of Batavia is handling the engineering aspects of the project.

Lichtenthal said construction bids will go out this winter, with work scheduled to begin in the spring of 2021.

In other news from the WROTB meeting:

-- Directors reported that the Belmont Stakes generated $345,000 in wagers at OTB branches last Saturday and the total handle for the day was $700,000.

Although both figures represent decreases of more than $210,000 from last year, the handle was deemed as significant in light of the economic situation.

-- Live racing will return to Batavia Downs on July 25 but with only 43 dates instead of the 65 previously announced. Wojtaszek said the plan calls for racing on Tuesdays and Saturdays through mid-December.

-- Batavia Bets, the corporation’s secure online horse wagering platform, took in $863,000 in April and more than $1.1 million in May, Comptroller Jacquelyne Leach reported.

A loose bull is reported in the roadway in the vicinity of 9495 Francis Road, Bethany. Genesee County Sheriff's deputies are responding.

UPDATE 5:38 p.m.: A deputy reports the bull is no longer in the roadway and the officer says the owner lives at 9453 and will be trying to corral it. The deputy cleared the scene.

By Nancy Glazier, Cornell Cooperative Extension’s NWNY Dairy, Livestock & Field Crops Team

Biosecurity for Backyard Poultry

Recently there has been an outbreak of salmonella in 42 states and as of June 23, a total of 465 people have been infected. This is nearly twice the number of illnesses compared to last year’s outbreak. Symptoms include fever, diarrhea, and stomach cramps. All of these cases have been attributed to backyard poultry, with infections coming from baby chicks.

Biosecurity is a practice followed on farms to help ensure everyone stays healthy. It’s important for backyard flocks, too. A system of practices should include a comprehensive approach to cover many aspects for potential disease problems. 

Safe handling is critical. Hopefully one thing you’ve learned during the past few months is the importance of handwashing. That goes for handling chicks or chickens, too. Keep them out of the house and don’t let young children handle them. And please don’t kiss your chickens. 

Be aware when buying new birds. Poultry purchased and brought to the home or farm should be quarantined for 30 days prior to adding to an older flock. Quarantined birds need to be far enough away from the home group so they can’t touch beaks, share water or feed, or contact manure. Make sure the area is cleaned, disinfected and dry before new birds are moved in.

Try to source chicks from hatcheries or flocks that are NPIP certified – National Poultry Improvement Program. The voluntary program works with hatcheries to test for a number of diseases to reduce risks to those purchasing chicks.

Keep a separate pair of footwear for use in the henhouse. Your birds may look healthy, but they could have disease which you don’t want to track into the house or somewhere else from their manure. If you have visitors, it’s best to keep them away from your birds. 

Watch out for wildlife and pests. Wild birds can transmit or be carriers of diseases to poultry by contaminating feed or housing. Flies can also carry infectious diseases so do your best to keep populations at a minimum. Keep rodent populations under control. Keep tall grass cut or trimmed around the perimeter of the henhouse to deter them; they won’t want to risk being caught by predators.

Keep your herd or flock healthy. Keep things clean to keep your flock happy and healthy. Always have feed and clean water available. Chickens are fun to raise and watch, just remember to do it safely. More information can be found here.

Jason W. Whitehead Jr., 22, of Batavia, and Dakota E. Woodruff, 20, of Olean, were arrested after a motor-vehicle accident on Route 19 in the Town of Covington on June 24 (time not provided). Whitehead was driving a 2003 Suburu Legacy eastbound when he allegedly failed to negotiate a left-hand curve at the intersection of Court Road. According to the Wyoming County Sheriff's Office report by Sgt. Colin Reagan, Whitehead's vehicle left the roadway, sheared off a telephone pole, and took down multiple roadway signs. In addition to Wyoming County deputies, Pavilion Fire Department responded to the scene. The driver was allegedly found to possess cocaine and marijuana; he also had a non-driver ID with an active suspension. After performing poorly on field sobriety tests at the scene, he was arrested for driving while ability impaired by drugs. His passenger, Woodruff, was found to have a felony warrant out of Erie County so she was arrested, transported to Erie County and the Erie County Sheriff's Office took custody of her. Whitehead was taken to the Wyoming County Sheriff's Office and evaluated by a drug recognition expert, who determined Whitehead was impaired by multiple categories of controlled substances. He is charged with: criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; unlawful possession of marijuana in the second degree; driving while ability impaired by drugs; driving while ability impaired by the combined influence of drugs; aggravated unlicensed operation of a motor vehicle in the third degree; unlicensed operation of a motor vehicle; and moving from lane unsafely. He was released to a sober family member and is due to answer the charges in Town of Covington Court on July 13. Subsequent to Whitehead's June 24 arrest, he was arrested again in connection with the same incident on June 25 after the owner of the vehicle reported to the Wyoming County Sheriff's Office that Whitehead had been driving without consent. A warrant was issued for Whitehead and the Genesee County Sheriff's Office arrested him and the Wyoming County Sheriff's deputies later took custody of him. This charge was added to the file: unauthorized use of a motor vehicle in the third degree; then he was released from custody. He will answer all charges, including the added-on charge, at his July 13 appearance in Town of Covington Court.

James R. McNally, 57, of Roosevelt Avenue, Batavia, is charged with endangering the welfare of a child and forcible touching. McNally was arrested at 6:13 on June 17 on Clinton Street in the City of Batavia following an unspecified incident. He was arraigned in city court via Skype, then released under supervision of Genesee Justice. He is due back in court at 9 a.m. on July 23. The case was investigated by Batavia Police Officer Austin Hedges, assisted by Officer Marc Lawrence.

Pamela J. Thomas, 41, of Maple Street, Batavia, is charged with disprderly conduct, resisting arrest and harassment in the second degree. She was arrested at 10:03 p.m. June 16 on Denio Street following an incident wherein she allegedly yelled at a person and threatened them. She was released on an appearance ticket and is due in Batavia City Court on July 21. The case was handled by Batavia Police Officer Sean Wilson, assisted by Sgt. Eric Bolles.

Marshawn J. Singletery, 38, of Liberty Street, Batavia, is charged with second-degree harassment. The defendant was arrested following a domestic incident at 4:45 a.m. June 22 on Liberty Street. Singletery was arraigned in Batavia City Court and released to the Genesee Justice Program. The defendant is due to return to city court on Aug. 13. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Joshua Girvin.

A third-party caller reported to the Genesee County Emergency Dispatch Center that a man was attacked by a dog or several dogs running loose in the 5000 block of Terry Hills Drive. The pack of dogs then ran off. The location is "between Clinton Street and the dead end." Law enforcement and Mercy medics are responding. The caller is roadside inside a vehicle.

UPDATE 4:48 p.m.: The man who was bitten is upstairs on a back deck; a bandage was applied that stopped bleeding. Two dogs were involved and an officer told dispatch they are "contained in the house."

UPDATE 5:06 p.m.: An Amazon delivery driver was bitten on the inner thigh of one leg while on property making a delivery; the property owner's two dogs were in the yard at the time and barking when the delivery driver got bit. He was taken to UMMC for evaluation, but the injury appears to be minor.

UPDATE 5:20 (by Howard): The driver was treated on scene by the homeowners, who are both medical professionals and were able to walk from the backyard to his delivery truck on his own. He then walked from his delivery truck to the ambulance before being transported to UMMC. He continued to hold onto a delivery package for delivery as he walked to the ambulance. One of the owners said his dogs are normally big puppies but they make have felt more anxious after being locked up inside the house so frequently during the COVID crisis. A trooper confirmed that since the dogs were on the owner's property, there will be no citation.

Press release:

As of 2 p.m.

• Genesee County received two new positive cases of COVID-19, for a total of 218 positive cases.
  • One of the new positive individuals resides in Batavia and one resides in Le Roy.
  • One of the individuals is less than 20 years old and one individual is in their 40s.
  • The new positive individuals were not on mandatory quarantine prior to testing positive.
  • Four of the previous community positive cases have recovered and have been released from mandatory isolation.
  • One of the total active cases is hospitalized.
• Orleans County received 0 new positive cases of COVID-19 today, for a total of 264 positive cases.
  • Ten 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.
  • We are saddened to report the death of one of our county residents. This person lived at the Orchard Rehabilitation and Nursing Center. We extend our deepest condolences to the family and friends of this individual during this very challenging time.

In a rare piece of positive financial news during the COVID-19 pandemic, Genesee County is in line for a $23,525 weekly savings in Medicaid costs through next March.

“We are finally getting what we have been waiting for (since the first Federal Stimulus bill),” said County Manager Jay Gsell in response to the state Division of Budget’s announcement of the disbursement of $323 million in enhanced Federal Medicaid Assistance Percentage funds to counties.

The funds were part of the Families First Coronavirus stimulus package passed by Congress and signed by the President in March and are earmarked for states and counties to help them in the midst of the novel coronavirus.

Gsell said all counties were notified today via a letter and a note to county treasurers that “80 percent of the money will be coming to us via our adjustment in our weekly shares.”

That reduces the county’s weekly shares of Medicaid from $177,332 to $153,807 – a difference of $23,525 – starting with the first week of July 2020 and running through March 31, 2021.

Stephen Acquario, executive director of the New York State Association of Counties, thanked Sen. Charles Schumer for his continued advocacy to provide enhanced federal funding for New York State’s Medicaid Program.

“Senator Schumer has a long history of fighting for enhanced federal Medicaid assistance at times we needed it most, including after the tragedy of 9/11, during The Great Recession, as part of the Affordable Care Act, and now during the COVID-19 pandemic,” Acquario said in a press release. “These valiant efforts have provided the state and county taxpayers with billions of dollars in relief over this period of time.”

In a related development, NYSAC today put out another press release, renewing its call for federal coronavirus funding for states and counties in light of a new report from Moody’s Analytics that projects an additional 4 million layoffs from states and local governments across the nation.

According to the release:

“The report, detailed in recent news accounts, underscores the need for Congress and the President to act on an additional federal stimulus package that provides direct funding for states and local governments facing unprecedented funding shortfalls as a result of the COVID-19 pandemic and economic recession.”

Submitted photos and press release:

Oak Orchard Health is pleased to announce that Pembroke Family Medicine will be joining them on July 1. Their common mission, shared values and dedication to patients make this unification easy to understand.

Both healthcare organizations provide services to everyone regardless of medical insurance status.

All Pembroke locations will remain the same and their patients will retain the same primary care provider. The only change they’ll see are the signs for Oak Orchard Health on the Pembroke locations in Batavia, Alexander, and Corfu.

"Joining Oak Orchard allows us to offer more services to our patients including vision, dental, behavioral health and patient engagement services. We can now truly offer a comprehensive patient experience."

Both organizations were recognized by the National Committee for Quality Assurance (NCQA) as Patient Centered Medical Homes which focuses on improvements in quality of the patient experience, growing staff satisfaction, and reducing health care costs.

"It’s a natural collaboration since we share so much in common. And we are pleased that their patients will now have access to a full spectrum of care. We look forward to working together."

You’re invited to an outdoor ribbon cutting on Wednesday, July 1 at 9 a.m. at the Pembroke Corfu location. The address is 860 Main Road, Corfu. We will be wearing face masks and practicing social distance.

Oak Orchard Health 

Originally founded in 1966, Oak Orchard has grown from a migrant health project into an integrated health center with multiple locations providing health care services for everyone located in the communities we serve.

Currently serving more than 22,000 patients at six locations, Oak Orchard Health is a recognized patient-centered medical home and 501(c) nonprofit Federally Qualified Health Center (FQHC) with locations in the towns of Brockport, Albion, Lyndonville, Hornell and Warsaw.

Press release:

After fiercely advocating for federal aid to New York’s dairy farmers in the beginning of the coronavirus (COVID-19) crisis, U.S. Senate Minority Leader Charles E. Schumer today urged United States Trade Representative Robert E. Lighthizer to quickly raise concerns about Canada evading its commitments under the United States-Mexico-Canada Agreement (USMCA).

Canada agree to eliminate harmful dairy trade practices, including its Class 7 pricing program (Class 6 in Ontario) and lack of transparency in milk-pricing regulations. Both were explicitly addressed in the agreement, which enters into force next week on July 1.

“New York’s dairy farmers are the lifeblood of the Upstate economy, but unfortunately, they have been squeezed by the economic effects of the COVID-19 crisis,” Senator Schumer said. “That is why I am calling on Ambassador Lighthizer to do everything in his power to ensure that Canada abides by its dairy trade obligations and eliminates its unfair and harmful pricing programs and practices that unfairly impeded Upstate New York dairy farmers from freely selling their product – as agreed to in the new trade agreement with Canada, the USMCA.

As the trade deal enters into force next week, it is imperative that our New York dairy farmers are able to sell their products into Canada and churn up profits that mitigate the huge losses they have suffered this year.”

“USMCA requires Canada to provide new market access for American dairy products and to eliminate its destructive Classes 6 and 7 milk pricing schemes,” said Jaime Castaneda, senior vice president for Policy Strategy and International Trade with the National Milk Producers Federation and the U.S. Dairy Export Council. “While not unexpected, Canada’s efforts to manipulate its agreed upon trade obligations to protect its tightly controlled dairy market are unacceptable.

"Canada needs to live up to the commitments it made to the U.S. on dairy. America’s dairy industry appreciates Senator Schumer for his leadership on this issue and we support Ambassador Lighthizer and Secretary Purdue as the U.S. works to hold Canada accountable to its commitments under USMCA.”

“Cayuga Milk Ingredients applauds the efforts of New York’s Senator Schumer for raising concerns over Canada’s recent request for dairy pricing secrecy within the Ontario Provincial Tribunal and their most recent administration of TRQs," said Kevin J. Ellis, CEO Cayuga Milk Ingredients. "On both issues, Canada is showing they have no desire to act in good faith with respect to the trade commitments they made underneath USMCA.

"Cayuga Milk Ingredients suffered a loss of nearly $24 million of sales in 2016 when Canada implemented a National Class 7 pricing scheme that was specifically and intentionally designed to stop the importation of ultra-filtered milk. Based on these latest events, it appears Canada cannot be trusted to honor its trade commitments with the United States,”

Craig Alexander, senior director, Milk Planning and Regulatory Affairs at O-AT-KA Milk Products in Batavia, said, “A foundation principle of the new USMCA pertaining to Canada was transparency of pricing formulation and the elimination of its Class 7 pricing. We appreciate Senator Schumer’s push for Canada to live up to its commitments in this agreement.

"Canada should not obscure information on pricing now in order to artificially create a pricing environment that will keep us at a disadvantage once these USMCA provisions go into force. Furthermore, Canada’s implementation of TRQs negotiated as part of USMCA and reserving increased access almost entirely to existing Canadian dairy companies is evidence that Canada has not changed its past history of circumventing trade agreements.

"If Canada simply held up their end of the deal on eliminating Class 7 and fair implementation of TRQs, we could again get a fair shake at the opportunities to serve the Canadian market going forward.”

Schumer explained that under USMCA, Canada agreed to eliminate Class 6 & 7 pricing within six months. However, the Senator revealed, Dairy Farmers of Ontario (DFO), which represents approximately 4,000 Canadian dairy farmers, has recently requested that Ontario’s tribunal, which provides an avenue of appeal on agriculture issues, grant restricted access to DFO’s pricing regulations.

Schumer argued that with only a few days left until the USMCA is set to enter into force, the lack of transparency and timing of DFO’s request raises questions about whether or not Canada is seeking to circumvent its dairy commitments in USMCA.

Additionally, Schumer pointed out, under USMCA, Canada agreed to an expansion of tariff rate quotas (TRQs) for several categories of U.S. dairy products. However, the U.S. dairy industry has raised concerns that Canada’s recently released TRQ allocations weaken the intent of USMCA and will prevent New York dairy farmers from fully benefiting from the agreement’s expanded market access opportunities.