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Fifth drug-related arrest made in Hutchins Place raid

By Howard B. Owens
hutchinsondesireemug2020.jpg
Desiree Hutchinson

A fifth person has been arrested on narcotics charges in connection with an Aug. 12 search warrant execution at 22 Hutchins Place in Batavia.

Desiree Hutchinson, 25, of Liberty Street, Batavia, is charged with two counts of criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, criminal using drug paraphernalia, 2nd, and unlawful possession of marijuana.

This past weekend, Hutchinson was located by Det. Sgt. Matthew Lutey, Batavia PD, and arrested on the pending charges.

Her arrest is part of a Local Drug Task Force investigation into the sale of narcotics in and around the City of Batavia.

Previously arrested where Donald Brown, 46, of Liberty Pole Way, Rochester, Ronnie K. Johnson, 50, of Hutchins Place, Madalyn R. Muntz, 34, and Angela Bateman, 46, of West Main Street Road, Batavia.

Previously:

GCEDC board to consider assistance for Main Street renovation project

By Press Release

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Press release:

The Genesee County Economic Development Center (GCEDC) Board of Directors will consider final approval for a building renovation project in the City of Batavia at its Sept. 3 board meeting. 

Neppalli Holdings LLC is proposing to invest approximately $1.165 million to renovate a three-story building at 99 Main St. in Downtown Batavia. The renovation and redevelopment of the 7,500-square-foot building, which was built in 1865, would include a new storefront, façade and reconstruction of the existing three floors.

A dental practice will occupy the first floor with the second floor being developed for commercial office space. The third floor will include a pair of two-bedroom market-rate apartments.

Neppalli Holdings LLC is the latest transformational building renovation project to proceed in Downtown Batavia through Governor Andrew Cuomo’s $10 million Downtown Revitalization Initiative (DRI).

The project is requesting sales and mortgage tax benefits totaling $63,500.

The GCEDC Board meeting will take place at 4 p.m. this Thursday. Because of the COVID-19 pandemic the meeting will be conducted via conference and online at www.gcedc.com.

No news is sad news for Six Flags Darien Lake patrons, seasonal part-time workers

By Mike Pettinella

With no specific guidance on reopening criteria from Gov. Andrew Cuomo’s office, the window for amusement and theme parks to welcome back guests this summer is closing fast.

The rides and attractions at Six Flags Darien Lake remain dormant with only two months remaining before the popular entertainment venue’s scheduling closing date of Nov. 1.

“We’re certainly disappointed that we haven’t been able to open, but we’re doing what we have to do,” Communications Manager Mike Arena said on Monday. “The state is dictating what we need to do to get ready and when they do give us the green light, we will be ready.”

Amusement parks, casinos and movie theaters are on the outside looking in, while other Phase Four recreational and social industries such bowling centers and gyms/fitness centers just recently were able to open their doors following months of a COVID-19-induced shutdown.

Arena acknowledged the financial impact upon the multimillion dollar operation – revenues and summer jobs lost – but said Darien Lake officials are saddened because they “haven’t been able to deliver, thus far, a great product for the area that’s safe and fun” – even if at a smaller scale due to mandated attendance limits.

“Six Flags in different parts of the country have opened and have had great success, with the social distancing and safety protocols in place,” he said. “As much as we want to be open, we understand that the state is doing what’s best to keep everyone safe. And we are working hand-in-hand and very diligently with the state.”

Darien Lake employs around a thousand people for seasonal jobs – students and others seeking to supplement their income. Others are hired by Live Nation to work at the summer concerts, which also have been postponed or canceled.

Arena said the company’s full-time employees have been able to keep working thanks, in part, to “programs the government is implementing (such as the Payroll Protection Program).”

“We may be cutting people’s hours but we haven’t (laid people off). We’re doing a good job with that,” he said.

As far as patrons who purchased memberships or season passes, Arena said they will not lose out on their investments.

“Members who pay monthly had the option to pause their payments or they will receive a month for every month they didn’t get – and the same goes for those with a season pass, they would get a day for every day they didn’t get,” Arena said, adding that if the park doesn’t open in 2020, all of those benefits will transfer to 2021.

A season pass allows people to get into the park, while a membership – tiered at Gold Plus, Platinum, Diamond and Diamond Elite – is paid each month (even when the park is closed) and comes with numerous benefits and discounts.

Arena said that members will be “bumped up” to the next highest tier in consideration of the inconvenience of not being able to enjoy the attraction this summer – at least not yet.

“While the state hasn’t given us any indication right now, we’re having constant conversations (with NYS officials) and the conversation on our level is to be ready and to have everything corporate-wide -- all the safety measures and the sanitation stuff – in place," he said.

Town of Byron solar project manager underscores 'benefits' during virtual open house

By Mike Pettinella

The Excelsior Solar Project in the Town of Byron will deliver “tangible benefits to the community,” said Keddy Chandran, project manager for Excelsior Energy Center, during a virtual open house tonight.

Chandran informed viewers and listeners of the 280-megawatt, 1,700-acre Article 10 project through a PowerPoint presentation for about 30 minutes. After that, he answered submitted questions with help from engineers Dan Marieni and Michael George, attorneys Michelle Piasecki and Sam Laniado, and consultant Kaitlin McCormick for another 30 minutes.

He outlined several benefits of the program, both to landowners who have signed lease agreements and to town residents, and also touted his company’s community engagement – citing frequent formal and informal meetings, and a willingness to include a 5-megawatt Community Solar area specific to Byron and a Host Community Agreement to fund local initiatives.

Excelsior Energy is a subsidiary of NextEra Energy Resources LLC, a sister company to Florida Power & Light, Chandran said. Next Era Energy has wind and solar projects in 32 states and Canada with more than 23,000 megawatts in operation.

Chandran said that half of the Byron project acreage will be covered in solar panels. Some of the remaining land will be used to place equipment to provide 20 megawatts/4 hours of energy storage (batteries).

If everything proceeds according to the current timeline, it would be operational in the fourth quarter of 2022.

Key aspects of Chandran’s report are as follows:

Community Engagement

He said Excelsior Energy representatives have met with county and town planners and the Byron Town Board, held first responder sessions, talked with residents on 14 occasions at the Byron Hotel and Trail House, and have made several donations to the community.

The Host Community Agreement is a vehicle for the company to fund local projects as requested by residents, he said. Those could include measures to preserve the agricultural base, maintain the rural character, support senior and youth activities, and sponsor green energy projects.

Chandran said the 5-megawatt Community Solar addition would enable business, residents and government to enter a program that produces credits leading to lower utility bills.

“We’re excited to be able to incorporate that into the project for the residents of Byron,” he said.

The Article 10 Process

Calling it “an exhaustive process … with a rigorous number of analyses,” Chandran said the project is at the Study Scope Stipulations phase, which leads to the filing of the formal application (expected to take place sometime in September).

Michelle Piasecki, attorney for Harris Beach, said seven more phases will follow: compliance determination; intervenor funding ($280,000 is set to come to the town and other stakeholders); a public hearing; evidentiary hearing to settle any disputes; recommended decision of Administrative Law Judges; decision by the NYS Board on Electric Generation Siting and the Environment; and construction/compliance.

Benefits to Landowners and the Town

The list of benefits on one of the presentation slides included: that solar is cost competitive; is clean, renewable energy; creates no pollution; creates jobs; provides payment in lieu of taxes to the taxing jurisdictions; supports farmers and the local economy; and preserves the land.

Chandran said one of the myths is that solar ruins the land. On the contrary, he said, the land will be available for farming even if the solar project is decommissioned in about 30 years.

Consideration of the Landscape

He said that designers are integrating an existing snowmobile trail into the site, and are keeping tree stands in place, with connections to a game trail to consider the well-being of wildlife.

Job Creation

With a $40 million investment, Chandran said the project will create 290 full-time equivalent jobs during construction and three or four permanent high-tech positions. Additional jobs will be available for routine snowplowing and mowing.

He also said that about 70 employees on farms enrolled in the program will benefit by the consistent revenue stream – payments from Excelsior Energy to the landowners. He pointed out that about 10 percent of the prime farmland in Byron is being used.

Officials answered the following questions submitted by those participating in the open house:

About the Battery System

In case of problems with the battery storage system, emergency training will be provided to mutual aid by NextEra’s power generation division at the outset and then every year.

They said there is low risk of potential leakage or damage since high-quality products are used, and if a battery did leak, it is enclosed in a housing unit. Additionally, the company’s monitoring system features remote problem identification from its Florida headquarters.

About Solar Panel Noise, Fencing

The solar panels, made of silicon, make “subtle” noises when they rotate, and that takes place for five to 10 seconds every 10 to 15 minutes. The fencing around the perimeter will be 7-feet high, which will be lower than the trees being planted over time.

Residents were advised not to go inside the fenced in area for any reason, but to call the company phone number or a town official if something needs to be retrieved. Setback area maintenance is the responsibility of the landowners.

About Visual Simulations

Within the next several weeks, a detailed visual analysis of the layout will be made available, with and without screening, and at three different distance zones.

The presentation can be viewed by going to www.excelsiorenergycenter.com.

Pembroke Corfu Darien Kiwanis Club holds 13th Annual Car Cruise Sept. 20 at Pembroke Town Park

By Press Release

Press release:

The Pembroke Corfu Darien Kiwanis Club is holding their 13th Annual Car Cruise and Fall Festival on Sunday, Sept. 20, at Pembroke Town Park on Route 77 (next to the high school). Rain or shine!

There will be music, a variety of vendors, food trucks, basket raffle and grilled lunch by Crossroads House, and lots 'n' lots of CLASSIC CARS!

This event will take place from 11 a.m. to 4 p.m. with a free Kid’s Car Cruise for ages 8 and under from 11 a.m. to 1 p.m. Cruise registration starts at 9 a.m.

The preregistration fee is $10 per car; $15 day of the cruise. Proceeds benefit PCD Kiwanis Kids Projects in our community.

Unique dash plaques and goody bags are guaranteed for the first 100 cars.

Participants vote and trophies are awarded at 3 p.m.

For Cruise info, call John at (716) 937-9918, or email him at drogicd@gmail.com.

*Vehicle owner assumes liability for vehicle damage.*

To preregister, make your check payable to PCD Kiwanis Club, and mail to:

  • PCD Kiwanis Club, Attn: Car Cruise Registration, 470 Sumner Road, Corfu, NY 14036

Please include on a piece of paper: your name, address, city, state, Zip Code, phone number, email address, and the year/ make/ model of your vehicle. You may also download a car registration form or vendor application form on their website:www.pcdkiwanis.com.

For vendor information, please call Penny at (585) 356-3413 or email her atpcdkiwanis@gmail.com.

Masks will be required at this event, social-distancing protocol will be in place, and there will be hand-sanitizing stations throughout the park.

There will also be a blood drive from 9:30 a.m. to 2 p.m. (masks required). Preregistration is required and information can be found at www.connectlife.org. This is an organization that keeps blood donations local; one donation can save up to three patients at Western New York hospitals.

We hope you’ll come on out to the park on the 20th. It will be a great day!

Annual Batavia Area Jaycees Labor Day 5K to be 'completely virtual' this year, funds raised for YWCA

By Press Release

Press release:

For the first time ever, the annual Jaycees Labor Day 5K will be completely virtual this year! This will be an unprecedented event for the Jaycees and the YWCA, and it has unlimited flexibility to meet your schedule!

Tickets MUST be purchased through our Eventbrite page here: This event is a fundraiser for the YWCA of Genesee County.

You get to choose where you run or walk and how far you will run -- it could be 5 feet or 50 miles or anything in between! You also can choose what level you're comfortable donating. 

A $25 donation will enter you into the many prize* contests we will have, including longest distance run or walked, best costume, largest team, and more!

Just take a picture of yourself walking or running and post it to Facebook or Instagram with the hashtag #JayceesYWCA5K, or email it to bataviajaycees@gmail.com (make sure your privacy settings are set so we can see the photo!).

For the speed and distance prizes, just take a picture or screenshot of your smart watch or fitness tracker on your phone, and then post it with the hashtag. The prize competitions will be open for photo submissions from 7 a.m. - 7 p.m. on Sept. 7th, so you can also choose when you want to run!

A $50 VIP donation will get you entry into all those prizes, PLUS you will be mailed a certificate and a participant medal after the event! 

A $100-sponsor-level donation you get all that, PLUS a framed photo of your choosing commemorating your race participation, AND you will be highlighted as a sponsor on the Jaycees' Facebook page!

Come support the YWCA and their amazing mission of empowering women and eliminating racism and have some fun while you do it!

*All prizes will be mailed after the event to the address you list on your ticket form unless otherwise requested.

Follow us on Instagram: bataviajaycees

Like us on Facebook.

About the Batavia Area Jaycees

The mission of the Batavia Area Jaycees is to provide young people (age 18-40) with the opportunity to develop personal, professional and leadership skills through community involvement and specific trainings tailored to enhance their abilities for future endeavors. Our chapter was established in 1934 and is the second largest in New York.

Three new COVID-19 cases reported in Genesee County today

By Press Release

Press release:

New Cases – As of 2 p.m. 

  • Genesee County received three new positive cases of COVID-19.
    • The new positive cases reside in Batavia and Bergen.
    • One of the positive individuals is in their 30s, one is in their 50s, and one is in their 60s.
    • The individuals were not on quarantine prior to testing positive.
    • Two of the previous positive individuals have recovered and have been released from mandatory isolation.
    • Forty-two new individuals are on precautionary quarantine due to travel from restricted states. 
       
  • Orleans County received zero new positive case of COVID-19.
    • One of the previous positive individuals has recovered and has been released from mandatory isolation.
    • Fifteen new individuals are on precautionary quarantine due to travel from restricted states.

Jacobs endorsed by State Police PBA

By Press Release

Press release:

Congressman Chris Jacobs (NY-27) was endorsed by the New York State Troopers Police Benevolent Association at a press conference this morning.

"Throughout his entire public career, Chris Jacobs has been a vocal advocate for the men and women of our law enforcement," said Jack Moretti, NYSTPBA retiree legislative liaison. "As a retired member of the New York State Troopers, I know firsthand that our police officers need more resources, which is why it is critically important we have elected officials who will tirelessly support our forces.

"We are proud to endorse Chris Jacobs for Congress, and we are more than confident that he will continue his strong defense of our police officers and be a true fighter for our needs and the safety of our communities." 

Moretti was joined by John Clark, second vice-chair, and Ryan Hadsall, Troop A delegate, to deliver the endorsement of Jacobs. The NYSTPBA represents more than 6,000 active and retired New York State Police.

“At a time when there are growing calls to defund our police forces around our nation, it is essential that we support our law enforcement and elect leaders who are willing to stand by them," Jacobs said. "I am truly honored to be endorsed by the New York State Troopers PBA, and I am proud of my strong record fighting for our law enforcement's needs.

"I have profound respect for anyone who puts on the uniform and bravely serves their community, and I promise to continue fighting for our great police in Congress."

Two people charged in alleged prostitution at Batavia residence

By Howard B. Owens

Paula G. Pierce, 28, of State Street, and David M. Schmieder, 26, of Silver Road, Bethany, were arrested a week ago along with Suzanne Corona for an alleged prostitution incident Corona's house on Osterhout Avenue in the City of Batavia, police announced today. 

Pierce is charged with prostitution and Schmieder is charged with two Class A misdemeanors: patronizing a person for prostitution, 3rd; as well as criminal possession of a controlled substance, 7th. 

Corona's arrest was announced yesterday. The 51-year-old Batavia woman, who was once charged with adultery, is accused in this case of promoting prostitution, 4th,  and permitting prostitution on a premises, class A and B misdemeanors, respectively.

The prostitution case was opened Aug. 19 at 4 a.m. after police were dispatched to Corona's residence after another member of the household reported a possible trespass.

Following an investigation, Pierce was located at an address on Maple Street in the city on Aug. 21 and taken into custody.

Police alleged that Schmieder was invited to the residence on Osterhout by Corona in order to pay for and engage in sex with Pierce.

Both Pierce and Schmieder were issued appearance tickets.

Officer Arick Perkins investigated the case assisted by officer Samuel Freeman, Jordan McGinnis, Wesley Rissinger and Adam Tucker.

NYS DanceForce announces fourth cycle of WNY Choreographers' Initiative

By Billie Owens

Press release:

The New York State DanceForce, in partnership with the New York State Council on the Arts, announces the fourth cycle of the Western New York Choreographers’ Initiative (WNYCI).

The program provides professional development for choreographers living in New York’s 17 westernmost counties: Chautauqua, Niagara, Erie, Cattaraugus, Orleans, Genesee, Wyoming, Allegany, Monroe, Livingston, Wayne, Ontario, Yates, Steuben, Chemung, Schuyler, and Seneca.

The application deadline is Oct. 28 at 5 p.m. EDT.

The WNY Choreographers’ Initiative is designed to help WNY resident choreographers develop their choreographic skills by providing them with appropriate resources that are generally unavailable or unaffordable.

These resources include a minimum of 24 hours of creative time, professional dancers, the guidance of a mentor chosen by the artist, and a $2,500 stipend.

The exact design of the project will depend on COVID-19 health recommendations at the time of the project.

Two choreographers will be selected for the award in 2021.  

“This initiative is open to choreographers working in all dance genres," said WNYCI coordinator Lois Welk. "Each project is basically a mini-residency, designed to fit the specific needs of each artist. In 2020, the artists were doubly challenged to reinvestigate their choreographic habits -- first by the mentor and then by COVID-19.”

The New York State DanceForce is a consortium of 19 dance activists committed to increasing the quantity and quality of dance activity throughout New York State. Each of our members receives an annual allocation to create projects that bring dance artists to Upstate New York communities in customized residencies.

Since its founding in 1994, the DanceForce, through the work of its members, has funded more than 400 projects, raising more than $3 million in support of these endeavors.

Complete guidelines and application forms, can be found at www.danceforce.org. For more information contact WNYCI coordinator Lois Welk at loisapril9@gmail.com.

Law and Order: Batavia man accused of pushing a person while two children were present

By Billie Owens

Robert D. Woods, of West Main Street, Batavia, is charged with second-degree harassment, endangering the welfare of a child, and second-degree burglary. Wood was arrested at 7:17 p.m. Aug. 18 on Wood Street after he allegedly pushed another person and did so in the presence of two children. He was arraigned in Batavia City Court via Skype and released on his own recognizance. He is due back in court on Oct. 8. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Miah Stevens.

David James Leroy, of Gabbey Road, Pembroke, is charged with two counts of second-degree aggravated harassment. On Aug. 26, following a complaint of harassment, Leroy was arrested at 8:40 p.m. on Gabbey Road. He was issued an appearance ticket and is due in Town of Pembroke Court on Oct. 7. The case was handled by Genesee County Sheriff's Deputy is Kyle Krzemien, assisted by Deputy Joshua Brabon.

Brian Keith Dyer, 53, of North Street, Batavia, is charged with second-degress harassment. At 7:11 p.m on Aug. 25, Dyer was arrested after a domestic incident that occurred at 7:35 p.m. Aug. 13 on North Street. He allegedly shoved another person. Dyer was released on an appearance ticket and is due in Batavia City Court on Nov. 24. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Miah Stevens.

Brian Keith Dyer, 53, of North Street, Batavia, is charged with second-degress harassment -- with physical contact. At 7:12 p.m on Aug. 25, Dyer was arrested after a domestic incident that occurred at 7:20 p.m. Aug. 13 on North Street. He allegedly subjected another person to unwanted physical contact. Dyer was released on an appearance ticket and is due in Batavia City Court on Nov. 24. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer John Gombos.

Maurice G. Leach, 44, of State Street, Batavia, is charged with obstruction of governmental administration, resisting arrest and failure to use sidewalk. At 1:30 a.m. on Aug. 25, Leach was arrested after an incident that occurred outside a residence on State Street. He was issued an appearance ticket and is due in Batavia City Court on Nov. 17. The case was handled by Batavia Police Officer Jordan, assisted by Officer Joshua Girvin.

Jacqueline Raj Garrett, 41, of Park Road, Batavia, is charged with illegal use of toxic vapors. Garrett was arrested at 1:07 p.m. on Aug. 21 after she was allegedly found outside a business on West Main Street in Batavia huffing a can of compressed air used to dust electronics. Garrett is due in Batavia City Court on Dec. 1. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Post.

Latiqua S. Jackson, 27, of East Main Street, Batavia, is charged with petit larceny. Jackson was arrested at 11:55 p.m. Aug. 20 on an arrest warrant out of Batavia City Court. She was located at a residence on Highland Park while patrols were there on an unrelated matter. Jackson was arraigned in Batavia City Court via Skype then released on her own recognizance. She is due to return to court on Oct. 6. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Arick Perkins.

Increase in demand, Hurricane Laura push up gas prices

By Press Release

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.23, up 4 cents from last week. One year ago, the price was $2.58. The New York State average is $2.29 – up 4 cents from last week. A year ago, the NYS average was $2.77.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.24 (up 2 cents since last week)
  • Buffalo -- $2.26 (up 9 cents since last week)
  • Ithaca -- $2.23 (up 5 cents since last week)
  • Rochester -- $2.28 (up 7 cents since last week)
  • Rome -- $2.33 (up 3 cents since last week)
  • Syracuse -- $2.24 (up 7 cents since last week)
  • Watertown -- $2.34 (up 6 cents since last week)

Since our last press release alert on the impact of Hurricane Laura on gas prices, the national arrive increased by 4 cents. This jump can be attributed to both an increase in demand and Hurricane Laura. This increase in national pump prices has reached our local areas as we see a jump in prices locally.

From GasBuddy:

"Gas prices have reached their highest post-coronavirus level as Hurricane Laura caused Gulf Coast refineries to shut, limiting production as gasoline demand edged higher," said Patrick De Haan, head of petroleum analysis for GasBuddy.

"The rebound in demand comes with just a week left in the summer driving season and isn't expected to continue once the driving season wraps up, but while some may see prices tick higher over the next few days, more decreases are coming to gas prices once Labor Day is over as demand will likely move lower.

"In addition, the switch back to cheaper winter gasoline will happen in a few weeks, giving more potential downward momentum for prices."

Ivison Road resident believes Town of Byron solar project will 'destroy the community'

By Mike Pettinella

ivison_road_1.jpg

Borrowing the title track of Bob Dylan’s 1979 album, there’s a Slow Train Coming” to the Town of Byron in the form of a 280-megawatt, 1,600-acre, New York State-supported solar energy system that seemingly can’t be derailed.

Despite the dim prospect of preventing a significant amount of the town’s farmland from becoming a sea of solar panels, longtime Ivison Road resident Jim Lamkin said he isn’t giving up.

Lamkin has led the charge for the opposition group known as the Byron Association Against Solar by rallying community members to sign petitions, fill out surveys and, generally speaking, express their feelings to the Byron Town Board and to project developer Excelsior Energy Center, a subsidiary of NextEra Energy Resources LLC.

“We sent out a questionnaire and 319 of them came back opposed to this,” Lamkin, 74, said. “We feel that it is important for the Town Board to hold a meeting to get a sense of what everyone wants – even if they have to take a straw vote. They haven’t done that up to now.”

The Excelsior Solar Project is one of more than 50 solar or wind proposals currently moving forward under Article 10 of the New York State Public Service Law.

Article 10 makes it tougher for municipalities to restrict solar projects larger than 25 megawatts since it gives the NYS Board on Electric Generation Siting and the Environment much power over construction and operation.

Lamkin said he and other BAAS members are well aware of this.

“Basically, our hands and the Town Board’s hands are tied, without any say as to where the project is located, setbacks, how much land is used or any other conditions,” Lamkin said.

VIRTUAL OPEN HOUSE IS TODAY

Byron residents on both sides of the issue can learn more about the project, which also comes with 20 megawatts of energy storage, at a Virtual Open House today. Two one-hour sessions (with the same format) are scheduled for noon and 6 p.m.

According to information from Excelsior Energy, company officials will provide an update and answer questions.

Citizens can tap in to the meeting(s) either by phone -- call 1-866-807-9684 and ask to “join the Excelsior Energy Project call” -- or to view online, click here, fill out the contact information, then click on the “Join Webcast” link.

Lamkin said he is upset over the fact that plans call for a solar array to be placed directly across the street from his home. However, he said that his concerns reach well beyond his property.

 “Even if I weren’t directly affected, I would be against this,” he said. “It will change our town forever by wasting valuable farmland. Solar panels will be put adjacent to their properties and those homeowners won’t receive any tangible benefits.”

SEVERAL LANDOWNERS ARE ON BOARD

According to a map provided by Excelsior Energy Center, solar panel arrays will be spread along and near several roads, including Transit, Bank Street, Walkers Corners, Starowitz, Cockram, Batavia-Byron, Caswell, Ivison, Gillette, Tower Hill, Swamp and Bird, as well as Route 262, Route 237 and West Shore Trail.

Lamkin said that farms signing lease agreements with Excelsior Energy include Brooke-Lea, Call Lanes, Richard Colby, CY Properties, L-Brooke Farms, Lea-View Farms, Legacy Lanes, Charles Sackett and Star Growers.

Electricity generated by the system will be moved via transmission lines to Downstate locations.

When mentioned that landowners have the right to sell or lease their property, Lamkin said, “I understand that it’s their land and they do to a point.”

“But zoning laws are made to protect property owners from something not compatible with the surroundings. This Article 10 trumps over all zoning laws, and the solar company has offered the landowners so much money.”

CONFLICT OF INTEREST -- OR NOT

He said he also has issues with Town Board members who are relinquishing their land to Excelsior Energy. While no specific dollar amount has been disclosed, Lamkin believes landowners are being offered $1,000 an acre or more.

Town Councilwoman Suzanne Fuller said she was hoping to provide a 16-acre parcel on Caswell Road, but apparently it has been deemed unacceptable for the project.

“We (she said that Town Councilman Josh Kent’s family is leasing land) have obtained legal advice and it has been determined that we can vote on the project,” she said. “It is not a conflict of interest.”

Fuller said she wants to see the town benefit as well as the landowners.

“The town can really use the money,” she said. “The PILOT (payment in lieu of taxes) agreement with the county, school district and town will lower our tax rate. Otherwise, the income just isn’t here.”

Lamkin said he hopes the second and final ad-hoc member seat on the Siting Board is filled by a Byron resident.  Previously, Genesee County appointed Norman Pawlak of Bergen.

“We have been waiting since January to have the other member assigned and to date there has been no action by the state or the governor,” he said. “When our case eventually goes before the Siting Board, our lack of community representation puts us at a significant disadvantage.”

CALLING OUT THE TOWN BOARD

The Town Board can do more to determine the pulse of its residents on this matter, Lamkin said.

“I cannot believe that if a significant portion of the town residents were against it, and the board got behind them, that this project could not be stopped,” he said. “Statements like the one made by (Supervisor) Pete Yasses that ‘there’s no stopping it’ and the apathy of the community will allow Excelsior to force this project into the town.

“I, along with many in the community, voted for Mr. Yasses on his promise that he would work to stop this project. He has not listened to the people but instead has been influenced by the potential windfall to the town.”

Yasses said he has been listening, holding Zoom meetings every month – “COVID-19 has really hurt us,” he noted – and making himself available for public comments.

“Other than the BAAS group (which Lamkin says has about 270 members), we haven’t heard any opposition,” Yasses said. “This is being shoved down our throat. If Jim has to be mad at anybody, he should be mad at (Governor) Andy Cuomo.”

He added that revenue to the town from the project could reduce the tax rate and provide the funds needed to build a new Town Hall and highway garage.

CERTAINLY A ‘DIVISIVE ISSUE’

Lamkin said that BAAS has been unable to make any headway with Keddy Chandran, project manager for NextEra Energy Resources.

“We try to explain our views, but with him it’s all lip service,” he said. “All you hear from him is that everything is perfect, everybody is going to be happy and this is such a wonderful thing. He’s a master of overcoming objections.”

In the end, Lamkin said the solar project will “destroy the community – removing valuable farmland, costing agriculture jobs and decreasing property values. What’s that going to do for the image of Byron?”

Matthew Lamb, co-owner of Oakfield Corners Dairy which has been operating for more than 50 years, called solar a “divisive issue,” adding that he can’t pay anywhere near what the solar company is paying for land that he rents to feed his cows and also to spread the manure.

“Prime farmland being converted to solar -- while the economics are strong for the individual who gets to do that, it creates hard feelings,” he said. “If you can find the marginal farmland, I think it is an easier argument to make.”

Genesee County Highway Superintendent Tim Hens, speaking as a private citizen, said the Article 10 proposal flies in the face of recent comprehensive planning.

“Our county was one of the first counties to have a Smart Growth Plan and it has always been a leader in protecting farms. Now about 20 percent of the Town of Byron is being turned into a ‘glass field’ and several thousand acres of prime farmlands are being taken out of service,” Hens said.

“I think once folks realize the magnitude and appearance of this project they will be shocked and upset. Pretty soon this area will just be one big battery for New York City.”

Click here for a related story -- solar farm proposal in the Town of Florida (NY).

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Top photo -- Jim Lamkin stands across the street from his Ivison Road, Byron home, in front of a field designated for solar panels. Bottom photo -- Lamkin holds the map of the Excelsior Solar Project. Photos by Mike Pettinella.

Yunker: Solar project will generate 'a lot of money' for town, school, county

By Mike Pettinella

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While quick to point out that his business has signed on to lease farmland to the Excelsior Solar Project, former Genesee County Legislator Craig Yunker said that all Town of Byron residents in the municipality stand to reap financial rewards.

“My views are somewhat conflicted because of our involvement in it, but it is a good project. It is renewable energy,” Yunker said. “And it is a win for the taxpayers in Byron, the county and the Byron-Bergen school district. If you look at the economy in Byron, it is a strong ag economy but there’s no sales tax generated by the town, for all intents and purposes. This is a revenue source.”

Yunker is a managing partner of the Elba-based CY Farms, a 6,000-plus-acre crop farm, and owns Batavia Turf, a turf farming operation in Batavia, and CY Heifers, a 4,000-head replacement heifer business that raises calves for local dairy farms.

Well-known in the community, Yunker, since 2014, has sat on the board of directors of the Genesee County Economic Development Center – the agency that is negotiating with Excelsior Energy Center on a payment in lieu of taxes agreement that would benefit the three taxing jurisdictions: Town of Byron, Byron-Bergen Central School District and Genesee County.

“Everybody from the town is going to benefit from the PILOT revenue – and it will be a lot of money,” Yunker said, adding that he has recused himself from voting on any and all matters pertaining to the solar project. “Negotiations are going on now.”

Yunker explained that Excelsior Energy would be tax exempt but under the PILOT they would make payments in lieu of taxes.

“If they were assessed full value on a commercial basis – once it changes from farmland to commercial the assessment will go up – the project wouldn’t come here. It wouldn’t be economically feasible for NextEra (Energy Resources, parent company of Excelsior Energy),” he said. “But yet the taxing jurisdictions want them to come because there will be a lot more tax revenue than it would be if it was farmland.”

Exactly how much revenue is unknown at this point, but judging from the PILOTs approved earlier this year for Borrego Solar’s five community solar projects totaling just 22 megawatts in the Elba, Pembroke and Akron school districts, it likely will be in the several millions.

The GCEDC authorized $1,141,366 in revenues over 15 years for three Town of Batavia projects, broken down as follows:

  • $390,041 in revenues to Genesee County;
  • $433,033 in revenues to the Pembroke Central School District;
  • $318,292 in revenues to the Elba Central School District.

And the GCEDC authorized $951,138 in revenues over 15 years for two Town of Pembroke projects, broken down as follows:

  • $364,711 in revenues to Genesee County;
  • $586,427 in revenues to the Akron Central School District.

Yunker said Byron has little industry other than Oxbo International, which builds sales tax-exempt farm machinery, and that all municipalities will be affected should Gov. Andrew Cuomo follow through on state aid cuts of 20 percent or more.

“If you had a bunch of businesses ready to come here and build factories and would pay full tax revenues, that would be better. But we don’t have those lining up to come here,” he said. “It’s about creating a revenue source so that the town can provide services to its residents and the school district can provide services to the residents without an unbearable property tax levy.”

As far as the landowners are concerned, Yunker acknowledged a “ballpark figure” of $1,000 to $1,500 an acre is being offered by Excelsior Energy. Payments would arrive on an annual basis. He said that CY Properties has contracted to lease land on Gillette Road and Ivison Road, but the exact number of acres has yet to be determined.

He also said he understood residents’ opposition to the project.

“Their arguments are that it is taking agricultural land out of production and it is going to change the visual nature of the town,” he said. “It won’t ruin the agricultural land. It will take it out of production for a period of time – 25 years – but it doesn’t ruin it.”

Yunker said if and when the solar company leaves, they would remove everything and the land would become farmland again.

“It’s not like you build a housing development and put in streets or build a factory; that’s gone forever,” he said. “This is a relatively temporary use of farmland and it doesn’t destroy the farmland.”

He addressed another concern of those against it -- the visual aspect of driving through farmland.

“People like the vista of farms and they prefer that vista over the solar panels. But I would point out that, currently, they don’t pay anything for the vista,” he offered. “If we were to let it grow to shrubs and weeds, not mow it, it wouldn’t be so pleasant to look at. But nobody is paying the farmers for that. There’s an external benefit that agriculture gives to the community at no charge.”

Ultimately, Yunker said, the landowners have a right to use their land “as long as they follow the rules.”

Sex in the City: Suzanne Corona accused of promoting prostitution at her home

By Howard B. Owens
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Suzanne Corona
2010 mugshot

A Batavia woman whose previous antics have led to multiple criminal charges over the past decade, including a charge of adultery that made international headlines, has been accused of allowing prostitution at her home on Osterhout Avenue.

Suzanne M. Corona, 51, is charged with promoting prostitution, 4th (advance or profits from prostitution), and permitting prostitution on a premises.

It's alleged that on Aug. 19, Corona allowed prostitution to occur at her residence and agreed, in advance, to accept a fee for another person to engage in sexual activity while at the residence. 

Corona was released on an appearance ticket. 

There were two other people arrested as part of the incident, according to a police source, but those arrest reports have not yet been released.

Corona's name became familiar locally after her arrest in early June 2010 on an adultery charge for engaging in a sexual act with a man on a picnic table at Farrall Park. The adultery statute has rarely been used in New York and her arrest made headlines in the United Kingdom, Europe and Australia. The police department was surprised by the interest in the case. The adultery charge was eventually dropped by prosecutor Lawrence Friedman. She admitted to public lewdness.

Shortly after that case was closed, Corona was accused of trashing the buffet at the now-defunct South Beach Restaurant. Initially, owner Ken Mistler was going to have her carry a sign on Main Street that read "I Stole from South Beach." After a "sincere apology" and restitution, Mistler dropped his demand for the "walk of shame."

She was arrested on a shoplifting charge in 2011, as well as being accused of shoplifting at Target while a K-9 and deputy were in the store for a public demo. In 2015, Corona admitted to a drug-dealing felony. That conviction lead to a year-and-a-half in prison, followed by probation, and until this most recent arrest, she had managed to avoid trouble with the law.

The prostitution case was investigated by Officer Arick Perkins along with officers Wesley Rissinger and Adam Tucker.

Bergen man accused of driving drunk, causing fiery crash with a train

By Howard B. Owens

Deputies and firefighters responded at 11:23 p.m., Friday, to a report of a car colliding with a train to find the vehicle engulfed in flames and the driver missing.

Timothy Michael Brady, of Jerico Road, Bergen, is accused of fleeing the scene on foot.  

He is charged with aggravated unlicensed operation, 1st, driving while intoxicated, refusal to take a breath test, leaving the scene of a property damage accident, and driving through, around or under a railroad barrier.

Brady was released on an appearance ticket with an order to appear in Bergen Town Court Oct. 8.

'A happy place': Artifacts in the Holland Land Office Museum conjure up good memories

By Anne Marie Starowitz

I recently spent a day at the Holland Land Office Museum in Batavia and enjoyed the newest exhibits. Like most museums, it has various displays that take you back to a time when the artifacts you are looking at or reading about were used.

For example, they have a room that explains the history of the Holland Land Office building. Another room is the Land Office Room where Joseph Ellicott, founder of Batavia and Buffalo, sold land to our early settlers. There is the Colonial Kitchen depicting what it was like to cook from the flames and coals of a fireplace in the 1800s.

The West Wing is called the Military Room where you can learn about the famous men and women from Genesee County who fought for our country. The East Wing houses an exhibit on local businesses.  

I think of our minds as a museum, storing memories of artifacts we have used over our lifetimes. I guess I am speaking to the baby boomers (born 1946-64) for obvious reasons (because I am one). I have been thinking about some of the artifacts that have been on display in the past.

The old black and white Sylvania television set (once made in Batavia) takes me back to watching "The Beverly Hillbillies,"* my favorite show as a child. We were only allowed one TV show a week when school was in session.

The museum has an old Victrola. Children love to hear the history of our early records or big CDs as children often call them.

Another artifact is a vintage typewriter. Now there is something the children of today have never seen. Remember the carbon paper for the typewriter and if you made a mistake you had to use a correction tape? My roommate actually had a typewriter in the early ‘70s and I had a plastic portable record player.

You can’t forget the three-pound transistor radio that could only pick up three AM radio stations.

There are so many memories and so many artifacts.

I really loved my ball bearing roller skates that clipped onto my shoes, not my sneakers. I would wear the key on a string around my neck.

Can’t forget the balloon tires for our bicycles, a 3-speed English bike, penny loafers, high-top sneakers, madras clothing, long hair for boys and girls. We played outside, used the sewer and manhole covers as bases for kickball.

We played games such a Kick the Can, Red Rover, Freeze Tag, Cops and Robbers and an old favorite, Hide and Seek. 

I wonder if someday a merry-go-round, teeter-totter, metal slide and monkey bars will be on display in a museum or big cardboard boxes from Max Pies  (Furniture store) that were used to slide down the grassy overpass on South Jackson Street. 

Sandlot baseball was anyplace you could find an open field. The list could go on and on. These are our artifacts!

Now the artifacts are stored in our minds in a happy place.

Photo courtesy of Anne Marie Starowitz.

*Editor's Note: This YouTube link plays the second episode of season two of "The Beverly Hillbillies" called "Hair-raising Holiday." It's a hoot!

McMurray says Jacobs disgraced NY-27 by attending Trump speech

By Press Release

Press release:

Nate McMurray, Democratic congressional candidate in NY-27, released the following statement after his opponent attended Donald Trump’s acceptance speech for the Republican 2020 Presidential nomination:

“After his ‘no’ vote against NY-27’s postal workers last weekend, and after more than 180,000 Americans have died from the coronavirus, Chris Jacobs recklessly joined a crowd of more than 1,500 unmasked people, seated for hours cheek to jowl in a potentially unlawful gathering to lavish praise on Donald Trump.

"Will he self-quarantine for two weeks? He won’t, but he absolutely should. Not even Mitch McConnell was so cavalier about his own health, opting instead to stay thousands of miles away in Kentucky rather than risk attending what was little more than a garish coronation.

“We know without a doubt that Trump lies to the American people, and that he will continue to re-write history in order to fit his false narrative for November. Over 3,600 Americans died over the four days of the RNC from the coronavirus. Nearly 30 million Americans are on unemployment after Trump failed to create a national strategy for combating COVID-19.

"Trump and Jacobs continue to support defunding Social Security, and their attempts to kill the Affordable Care Act and coverage for pre-existing conditions continue as well. These are indisputable facts.

“Donald Trump and Chris Jacobs desperately want you to be afraid of Joe Biden, but it is a sad attempt to distract you from the horrors of Donald Trump’s America today — where moral leadership is vacant, the President is above the law, dissent is punished by pepper spray or worse, and the reality that Americans are living each day is re-written to fit Trump's authoritarian narrative of ‘greatness.’

“We can do better, and we must. That begins with rejecting Jacobs and Trump on November 3rd. Then we do the hard work of implementing universal healthcare, achieving racial and social justice, rebuilding our infrastructure, strengthening Social Security and Medicare, combating climate change, and so much more.

“This November, don’t pull a Jacobs. Don’t let your vote be a mistake.”

Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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