Legal Notice

SPECIAL MEETING OF THE BYRON TOWN BOARD

PLEASE TAKE NOTICE that the Byron Town Board will hold a Special Meeting via ZOOM video conferencing, which link can be found on the Town of Byron website at http://www.byronny.com, on Friday, May 28, 2021 at 12:00 p.m. at the Byron Town Hall, 7028 Rte. 237, Byron, New York. The purpose of the Town Board meeting will be to consider the Intermunicipal Agreement with the Town of Elba to allow residents on Transit Road to receive water from the Elba Water District, and also an Executive Session to consider strategy for presentations before the Siting Board on the Excelsior Solar Project Application.   

Debra Buck-Leaton

Byron Town Clerk

At Falleti Ice Arena last night we were able to talk with seven members of the Genesee Ice Devils and Notre Dame Fighting Irish hockey teams about the proposal to merge the two teams. We also spoke with Mike Rapone, ND's athletic director since we hadn't spoken with him yet about the proposal.

Genesee County Manager Matt Landers said he is ready to do his part to conserve water this summer as all indications point to “another tight water season for us here.”

Echoing what County Engineer Tim Hens said in a report on The Batavian last month, Landers is urging residents to take steps to use less water as hot summer days near.

Speaking at the Genesee County Legislature this afternoon, Landers said a water conservation press release is going out on Friday, listing 10 “little things” that people can do to conserve.

“Demand is outpacing supply and on peak days, there is going to be a potential shortage,” he said. “So, just like last year (when) we asked our residents to hold back on doing certain things, we’re going to be asking residents to do the same this summer to help us get through, especially on hot days.”

Landers said that on there likely will be some days where the county will run short. He said it is “critical” for everyone to do their part.”

“I promised Tim that I won’t water my lawn this summer. So, I’ll do my part,” he added.

Conservation efforts last year from residents “stepping up and helping us out” resulted in a decrease in use of 300,000 gallons per day, Landers said.

“We’re asking for the same cooperation this summer as we work feverishly and hard to complete Phase 2 (of the countywide water project), which will give us a little bit of breathing room,” he advised. “As we all know, Phase 2 is delayed, largely due to COVID, and will be coming online next summer.”

A structure fire is reported at 4092 Lockport Road, Elba.

Elba fire dispatched.

A first responder reports smoke showing.

Fire police are blocking Lockport Road at Route 98.

UPDATE 5:53 p.m.: Oakfield fire requested to the scene.

UPDATE 6:21 p.m.: Byron to stand by at Elba's hall.

New York Mayor Bill de Blasio this afternoon said the time is now to “to restore democracy” in the state as he gathered with members of the New York State County Executives Association for a press conference livestreamed via Zoom from the Dutchess County Village of Rhinebeck.

County executives convened to reflect upon their efforts in combatting the COVID-19 pandemic since the early days of 2020, and to let the public know about a book that chronicles the challenges they faced, called "Our Darkest Hours: NY County Leadership and the COVID Pandemic."

de Blasio spoke of the past, present and future as he urged lawmakers in Albany to loosen the restrictions tied to the pandemic and give county officials the unbridled ability to “do their jobs.”

“The fact is that something extraordinary happened in this last year and more because people worked together, and all of those notions that we get told all the time -- that we can’t work together across regional lines or party lines -- we’ve been disproving that through our actions,” de Blasio said.

The mayor called county executives “heroic” in fighting COVID – coming together and sharing their experiences and struggles.

“But it was not only COVID that brought us together,” he said. “This is the path that needs to be understood. We were already engaged. Sometimes it was to stop things that were not fair to our people (such as) when the state of New York tried to hoist Medicaid costs on us in a way that was unsupportable. We all banded together; it didn’t matter if you were Democrat or Republican, Upstate or Downstate.”

de Blasio said that COVID gave county leaders a “deeper kind of common cause.”

“We needed each other … to innovate together. Sometimes, we cried on each other’s shoulders a little bit because we were all going through so much,” he said.

He said county action over the last year reflects a model of what should be in the state and beyond – “where people can actually sit in a room in a true sense of fellowship. That’s what we experienced and it helped to save lives.”

Then he called upon the governor and legislators in Albany to “to restore democracy in the State of New York.”

“We need to restore local control. It’s time,” he said, adding that the progress against COVID represents a signal that localities have the ability “to do our jobs fully and navigate what we have to do now for our people.”

We are closest to our people, we hear our people, we meet them at the supermarket and on the corner. We understand and we need to be able to do our jobs again fully.”

de Blasio mentioned the spirit of cooperation among county executives, adding that it’s time to put COVID in the rearview mirror.

“We have to stop thinking through COVID because we’re defeating COVID. We have to start envisioning what we’re all going to do together in a new and better situation ahead,” he said. “We all talked about things like opening up our schools and all the other things that will people back to a normal life. We, as leaders, have to show that that path can and will be done.”

Marc Molinaro, Dutchess County executive and president of the NYS County Executives Association, said that in light of an emergency situation it makes sense to centralize decision-making.

“However, we’ve been through the crisis. We’re well along in responding to this emergency, and restoring that state and local balance is very much about restoring democracy,” he said. “Government closest to the people … is generally the most effective. And, you can’t from the second floor of the state capitol anymore than you could from a distant land, make decisions that for how to respond on the ground.”

He said Albany needs to rely on “the professionals in the local governments who have been given a great deal of authority … and have a huge amount of public health infrastructure to respond in these very moments.”

“Centralization of decision-making in one person, whether it’s the mayor, county executive or governor, is not good for very long.”

Molinaro opened the briefing by praising his colleagues for rising to the challenge presented by the pandemic.

“Many times, throughout these 16 months we have talked about seeing light at the end of the tunnel,” he said. “Well, we are in the light. Hope is on the horizon. Light has met darkness.

“We have seen not only the decline in hospitalizations, thankfully, and the slowing of the loss of life, but also vaccines are working and the positivity rate has been on a steady decline.”

To obtain a copy of the book, click here.

All proceeds will go to food banks across the state.

Press release:

Everyone is invited the 10th annual free Shred Day hosted by Brighton Securities in Batavia from 12 to 3 p.m. Friday, May 28.

The location is 212 E. Main St. downtown.

Bring your old bank records, credit card statement and any other sensitive documents for secure, eco-friendly destruction and disposal!

Now is a great time to clean out all of the old documents taking up space in your home, but what should you save? How should be dispose of documents safely?

A truck from Shred-Text Inc. will be standing by for contactless disposal of your old documents. We'll also have staff on hand to help you decide what to shred and what to save.

This is a free event. Bring your coworkers, friends, family and neighbors -- but don't forget your documents!

A chase, a search, and a tip led to the arrest of two people Tuesday night after they were located at Walmart in Batavia.

The incident began with a chase on Route 63 in Oakfield.

A deputy on patrol spotted a Pontiac sedan traveling north at a high rate of speed, so the deputy turned around and attempted to catch the vehicle.

The deputy observed the sedan continue at a high rate of speed and pass a vehicle by crossing into the southbound lane. At that point, the deputy, in his marked patrol vehicle, initiated a pursuit with lights and siren.

The vehicle failed to stop and continued east on Route 262 and then north on Fox Road. At Fox and Maltby roads, the vehicle allegedly ran a stop sign and went into the air off the north shoulder of Maltby Road into a field.

The vehicle struck a tree and then continued northwest through the field. A backseat passenger jumped from the vehicle and complied with a deputy's commands.

The sedan continued northwest and entered a neighboring crop field. It allegedly damaged about $1,000 in crops.

The driver stopped the vehicle and the driver and remaining passenger fled on foot.

A vehicle search allegedly led to deputies finding scales with residue and an illegal weapon in the vehicle.

A K-9 was dispatched to assist in the search. That search led to a nearby residence.

Deputies received a tip that two people matching the suspects were given a ride to the Batavia Walmart.

Police responded to Walmart and located the suspects in the Walmart parking lot.

The driver was identified as Jason M. Fitzpatrick, 38, of Sweet Road, Howell, Mich., and the passenger as Samantha R. Makar, 22, of West Madison Street, York, S.C.

Fitzpatrick is charged with: criminal possession of a weapon, 3rd; unlawful fleeing of a police officer in a motor vehicle; criminal mischief, 4th; obstructing governmental administration, 2nd; and aggravated unlicensed operation. There was also a warrant for Fitzpatrick out of Michigan as a parole absconder.

Makar is charged with obstructing governmental administration and criminal possession of a weapon, 4th.

The weapon recovered was not described in the press release.

The third occupant of the vehicle complied with deputies' orders and was charged.

Assisting the in the incident were NY State Police, The Department of Environmental Conservation's K-9 unit, and Batavia PD.

Deputies involved in the incident included Jacob Gauthier and Jordan Alejandro.

While working on the recent story about Devon Wright, the Batavia man who has been arrested multiple times but because of current state law can't be held in custody while awaiting trial, we asked Batavia Police Chief Shawn Heubusch for comment on the case. Heubusch wasn't able to comment immediately. Today he issued the following statement:

Bail reform, a measure recently passed into law by the state legislature and the Governor, is seriously flawed. In this particular case, we get a front-row seat of the unintended consequences of so-called bail reform playing out across our State. Bail reform is putting the safety of our officers and our citizens at risk. I, along with my colleagues in law enforcement, implore the State Legislature to examine the current bail reforms and restore protections for the citizens of New York against violent criminals who are brazenly flaunting the law, knowing they will be back out on the street in a matter of hours.

“I can’t get people to work and the way the state is going, I have to right size my operation in Batavia,” Campbell (photo at right) said by telephone this morning. “We’re moving equipment out of Batavia and it’s work that we’ve done here in the past. We’ve pulled out some of that equipment and moved that to Mount Vernon.”

The Mount Vernon that he mentions is the community in Kentucky where, last October, Chapin expanded its compressed sprayer operation by purchasing the 175,000-square-foot former Eagle Manufacturing plant in the Rockcastle Business Park.

The $5.495 million investment has produced positive results in the Bluegrass State as production and warehousing capacity has increased, Campbell said, adding that the company is looking to buy another 500,000-square-foot building about 30 minutes from Mount Vernon.

“On a daily basis, without advertising, we have five or six people just come to our door wanting work. They show up and we interview them right then,” Campbell said. “We’ll be up to 100 employees in Kentucky by February or March, so we’re more than halfway there already. People there are eager to work.”

A Different Story in Batavia

The same can’t be said for what is happening in Batavia, the home base of the company that produces and ships high-quality compressed air sprayers and hand sprayers. The firm’s origin dates back to 1884 when Oakfield resident Ralph E. Chapin set up the manufacturing plant in Batavia.

“(Eight months ago) all the production that we put in Kentucky was expansion and new machines that we purchased from an automotive company and moved them into Mount Vernon. We got those up and running,” Campbell said. “But now, we’ve removed some resin blow molders out of Batavia and moved them to Mount Vernon. Two of them are in production already.”

Campbell said that despite paying prevailing wages and offering referral incentives to employees, the Chapin plant in Batavia is suffering from a shortage of workers.

“We’re 20 to 30 people short every day although the pay scales (in Batavia and Kentucky) are exactly the same -- $22 to 23 an hour – with entry level people starting around $14 to 15 an hour,” Campbell said, noting that overall, the number of employees in Batavia is down from a desired 285 to about 240.

He attributes the problem to unemployment insurance and other New York State mandates that are hampering the business community.

“The additional $300 a month that the federal government is giving (is a key factor) plus people can get health insurance free for six months,” Campbell said. “We have a great benefits package – health care, 401(k), vacation -- but entry-level people can make the same amount of money with the bonus money that the federal government is giving as coming to work, so people don’t bother. Or they’re not interested in staying. They come for a couple days and leave, and get back on unemployment.”

Extended Unemployment Hurting Business

Campbell put the blame squarely on the state Department of Labor.

“Unemployment isn’t like what it was in the old days when we thought about it. If you quit your job, you couldn’t get unemployment for six or eight weeks – or if you got fired – now they just give it to you, no matter what. Plus, the unemployment people – I hate to say it – aren’t doing their job,” he said.

“Back in the day, you had to look for work to get unemployment. You had to say, ‘I went here, I went there.’ Well, nobody does that anymore. You get whatever it is – number of months, weeks – and you’re all set.”

He said that four or five employees have taken advantage of the company’s offer to give them a $1,000 bonus by referring someone who joins the Batavia workforce and stays for 90 days, but it’s not enough.

“The situation is definitely affecting our shipments. Our people are pretty productive – the ones who are there – but we can’t build as much as we want, especially on second shift,” he said. “We’re shutting machines down every day that we have orders for. We’re a company that prides itself on shipping on time … we have a tremendous backlog now. I can’t even dig into my backlog.”

Other Factors: Sick Leave, HERO Act

Campbell also mentions the state’s new sick leave policy and the HERO (Health and Essential Rights) Act as obstacles.

“(Gov. Andrew) Cuomo’s a vindictive guy; you hate to say too much, you know, but a few months back they put in a sick leave policy where everyone gets 56 hours of paid sick leave,” he said. “We negotiate all of those things, and that will be negotiated in the next contract, of course.

“Fifty-six hours is way more than anyone ever took, but now it’s like vacation time and it’s paid 100 percent. When you’re running production lines and people don’t give any notice that they’re not coming in, it just shuts equipment down, other people don’t have work. It’s just a terrible situation.”

He called the HERO Act “a horrible thing” for companies outside of the public healthcare arena.

“We take care of sanitation and other things, but supposedly this was for permanent airborne disease – trying to stop it in the future,” he said. “We’re taking something that is applicable to hospitals and old folks’ homes and applying it to manufacturing. The thing goes into effect the first week of June and we don’t even have the laws from OSHA (Occupational Safety and Health Administration) yet saying how it affects manufacturing, in general.”

Then, there is the matter of taxes.

“And now Cuomo is saying he’s going to raise the taxes on businesses in New York State. It’s getting impossible. First, we don’t have people. Wages are … we’re in an inflationary period no matter what anybody says. I don’t care what the federal government says,” he offered.

Campbell said costs of raw materials, such as high-density polyethylene, which has gone from 58 cents a pound to more than $1 a pound, are up considerably and those increases get passed on to the consumer.

More Equipment is Heading South

What all this means is that more blow molders will have to be relocated from Batavia to Kentucky, reducing the number here to about eight, Campbell said.

“In Batavia, we had 15 blow molders – some with five heads that can build five sprayer models at a time and some with two, three or single heads,” he said. “The single-headed ones, which are less efficient, I moved those to Kentucky. Then, a month ago, I moved a three-headed blow molder, and in another month, I’ll move a sister machine to Kentucky.”

For a company firmly entrenched in Genesee County for so long, the labor trend is unsettling, Campbell admitted.

“In the end, we’re a high-volume, low-margin business that makes millions and millions of sprayers per year. But they’re not big margin. You’ll see us spending a lot more money on automation,” he said. “I’ve been the president now for 17 years and I’ve never laid one person off due to automation or business reasons because we’ve grown every year.”

Until more potential workers come knocking on the door at the Chapin Manufacturing facility at 700 Ellicott St., Campbell said he has to ensure that he’s “right sizing it to the amount of people I can get.”

“This is where Chapin would like to keep the headquarters,” he said. “We’re staunch allies of Batavia and Genesee County. New York State? Not so much.”

Previously: LIVE: Interview with Bill Campbell, VP, Chapin International

Previously: Chapin Manufacturing CEO says Kentucky investment continues 'expansion of organic growth'

Last night, Kevin Brusie waited up for the clouds to clear and then took these photos of the "Super Flower Blood Moon," aka Super Lunar Eclipse, over Western New York.

"I wanted to share them for anyone who was unable to see it and thought it was pretty neat, educational, and interesting!" Brusie said.

Last night's sunset in Pembroke, submitted by JoAnne Meiser.

Press release:

"On May 24th New York State reversed the decision to require children ages 2 to 5 to wear masks in daycare and summer camp settings. As an outspoken opponent to this change, I am very happy that this decision was made. 

"At a time when COVID-19 cases are dropping and mask wearing is being eased, it did not make sense to require this new age group to wear masks. Especially since for the past 14 months, this age group was not required to wear masks in these settings and did not appear to be major contributors to COVID spread.

"Thank you to all the parents and childcare experts who spoke out on this issue. It is critical that we advocate for our children."

There is reportedly smoke and flames coming from wires and pole in the parking lot next to City Church on East Main Street, Batavia, across from Adam Miller Toy and Bicycle.

City fire dispatched.

UPDATE 12:16 p.m.: National Grid will need to cut power to the utility pole. This could cause the traffic light at Main and Center to go dark. Batavia PD requested to provide traffic control.

UPDATE 12:22 p.m.: Power is out in the area.

UPDATE 1:01 p.m.: The traffic signal is "back up and running." 

Press release:

After first raising concerns about Canada’s allocation of tariff-rate quotas for U.S. exports of dairy products in June and again in September of last year, U.S. Senate Majority Leader Charles E. Schumer applauded the U.S. Trade Representative’s decision to pursue additional enforcement action with Canada over their tariff-rate quota allocations that run counter to the country’s United States-Mexico-Canada Agreement (USMCA) commitments:

Senator Schumer said, “Our hard-working dairy farmers have been squeezed by the double whammy of the COVID crisis and by Canada’s failure to provide U.S. dairy producers with fair market access, as agreed to under USMCA.

"I am pleased with today’s announcement that the U.S. has established a dispute settlement panel with Canada under USMCA over their tariff-rate quota allocations.

"This is a necessary step to ensuing that the Upstate New York dairy industry fully benefits from the USMCA provisions intended to expand market access opportunities.

"We must continue to hold Canada accountable and ensure fair and equal trading practices to help New York’s dairy farmers milk profits that will help them recover from the huge losses during the pandemic.”

Submitted photo and press release:

Call-To-Action: The Little Free Pantry is looking for people to lend a hand to finish planting the community garden at Ryan’s Rose Organic Farm, and to visit our by-donation Plant Sale to help fund our Spring outreach projects.

The harvest will be used to supply the Pantry with farm-to-pantry produce all summer long.

Special thanks to the volunteers who helped plant last week, a lot got accomplished. We still have some things that need to get into the soil at the Farm.

Come join us to get the remaining crops, seeds, and baby pumpkins planted, and check out our Plant Sale, offering baby sunflowers, veggie plants, and flowering plants. Donations of plants are welcome and appreciated.

The event is happening at the Ryan's Rose Organic Farm, 3417 Rose Road, Batavia, on Saturday, May 29^th. Two sessions are planned, 10 a.m. till 12:30 p.m., and 2:30 till 5 p.m.

Let us know you are coming by registering at https://www.lfpbatavia.org, or at #littlefreepantry#spring2021#volunteersneeded.

Subscribe to our Newsletter to hear about:

• Good news about neighbors helping neighbors;
• Events and happenings;
• Opportunities to chip in;
• Finding a helping hand when you need one.

Little Free Pantry -- leave what you can, take what you need.

Press release:

In collaboration with Newbird, Buffalo and funding from The Kresge Foundation, Genesee and Orleans County Health Departments (GO Health) are pleased to announce the launch of the new joint GO Health website.

“As chief health strategists for Genesee and Orleans Counties, GO Health has been building our cross-jurisdictional relationship to become consistent in our messaging and reflect our joint working relationship through our social media platforms and now through the branding of the GO Health logo and our new website,” said Paul Pettit, Public Health director for GO Health.

“This effort has been in the works for almost a year and a half in the midst of the COVID-19 pandemic. We believe having a joint website will not only save time and resources, but be easier for our residents to access our forms, data and timely updates.”

There are two ways to access the new website:  www.GOHealthNY.org or by going to the respective county websites and choosing Public Health.

Press release:

Today, May 25th, Senator Ed Rath’s first bill passed the New York State Senate (S.6105). The bill will designate state Route 77 between Pembroke Town Park and the intersection of Indian Falls Road in the Town of Pembroke, County of Genesee, as the "Specialist Four (SP4) Clarence 'C. Jay' Hall Memorial Highway."

“I am extremely happy to announce the passage of my first bill," said Senator Rath. "I am immensely proud of this legislation, highlighting a local hero. It is also fitting that this bill passes just days before Memorial Day. Specialist Hall gave the ultimate sacrifice and to be able to honor him is very humbling."

Specialist Hall served as a rifleman in the Army in Binh Duong, Vietnam. He was mortally wounded on Oct. 7, 1969, during an intense attack by enemy forces.

Specialist Hall earned: the NYS Conspicuous Service Cross; the National Defense Service Medal; the Vietnam Service Medal with One Bronze Star; Vietnam Campaign Ribbon; Combat Infantryman Badge; and the Silver Star, which is the nation's third-highest award for valor.

The Veterans Outreach Club and the Government classes of the Pembroke Jr. /Sr. High School requested this legislation.

The bill passed the Senate and is currently in the Assembly Committee on Ways and Means for consideration.

Press release:

Planned Parenthood of Central and Western New York is still recruiting volunteers to serve as escorts at our Batavia health center. Volunteers will greet and provide comfort to patients upon their arrival to the health center and upon their departure.

Candidates must be calm, friendly and comfortable ignoring protestor activity. A commitment of two hours per week on weekdays during daytime hours is required.

Thorough interview and screening are required and training will be provided. For more information call (585) 546-2771, ext. 338, or email volunteer@ppcwny.org.

About Planned Parenthood of Central and Western New York

The nonprofit organization provides high quality, nonjudgmental reproductive health care; promotes responsible and healthy sexuality; advocates for access to comprehensive health care; and supports those affected by sexual violence. Each year, PPCWNY serves more than 31,000 adults and teens throughout Central and Western New York.

Statement from Gregory Hallock, executive director of GO ART!:

"It is with great remorse that we must announce that Picnic in the Park, on July fourth, at Centennial Park in Batavia, will be cancelled this year due to COVID. Beyond the issues of COVID regulations, sponsors of the event have had to pull their funding, as a result of the restraints COVID put on their budgets."