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Steve Hawley: 'The time has come for government to get to work'

By Billie Owens

From Assemblyman Steve Hawley:

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

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

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

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

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

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

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

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

LIVE: Public Health COVID-19 Briefing for May 15, 2020

By Howard B. Owens
Video Sponsor
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Press release:

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

Jacobs says Parlato pulled 'illegal' ad, Parlato calls it a lie

By Howard B. Owens

Press release from the Chris Jacobs campaign:

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

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

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

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

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

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

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

Statement from Beth Parlato:

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

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

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

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

Motorcycle crash reported off Ledge Road in Alabama

By Billie Owens

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

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

Law and Order: Central Avenue man charged with five counts of criminal contempt in case of crying child

By Billie Owens

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

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

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

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

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

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

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

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

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

U.S. Attorney for the Western District of New York: 'Police Week and Legislative Doublespeak'

By Billie Owens

By James P. Kennedy Jr., United States Attorney for the Western District of New York

Police Week and Legislative Doublespeak

This week marks National Police Week, a time to honor the call to duty and those who so selflessly answer that call in more than 18,000 law enforcement agencies nationwide. It is also a time to pay tribute to the 89 officers who lost their lives in 2019 in the line of duty.

On any given day, officers, deputies, and agents face the worst-of-the-worst in our society. Drug dealers filling our streets with deadly poisons, violent gang members holding neighborhoods hostage, predators stealing the innocence of our youth, and human traffickers dehumanizing vulnerable females and robbing them of their dignity. Each day, members of law enforcement deal in danger and risk their lives to safeguard and protect our community.

However, this year, the risks faced by law enforcement are even greater, as they have remained vigilant in their effort to protect us from criminals while also battling the new and invisible enemy. Sadly, as of May 7, 2020, 92 law enforcement officers have died from COVID-19 nationwide, including 29 officers right here in New York State. “Greater love hath no man than this, that a man lay down his life for his friends.”

As U.S. Attorney, I feel fortunate to interact on a daily basis with all levels of law enforcement whose members prove to me, day-in and day-out, that most risk their lives each day with one primary motivation — and that motive is their love and concern for their fellow man. This year, however, COVID-19 represents but one silent threat they face. The other silent threat came from legislation that was quietly enacted as part of the New York State 2020 budget.

Shockingly and sadly, the recently enacted legislation, threatens to hold the brave men and women of law enforcement criminally liable simply for choosing to assist certain other members of law enforcement. Indeed, while our law enforcers were busy risking their lives responding to those engaging in criminal conduct — and the attention of others was directed toward the silent killer — the New York State legislature in April silently passed legislation which criminalizes the sharing of certain information between law enforcers.

Specifically, the newly enacted law makes it a felony for any law enforcer to share New York State DMV information with any fellow law enforcer whose duties include the enforcement of immigration laws. While January’s Green Light Law prohibited the sharing of such information, the April amendment takes the prohibition to a whole new level by making it an E Felony for any law enforcer to do so.

That any elected official would see wisdom in criminalizing an effort by one member of law enforcement to share information with another law enforcer — essentially legislating obstruction of law enforcement — is antithetical to the rule of law and our system of justice. The new law impedes the ability of a number of my federal law enforcement partners — including Homeland Securities Investigation (HSI), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), the Border Patrol, and Department of Homeland Security (DHS) to investigate the criminal behavior of all citizens, not just those who are illegally present in the United States.

The new law essentially pits members of law enforcement against one another.

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

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

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

Village of Bergen renews State of Emergency declaration due to COVID-19

By Billie Owens

A statement from Village of Bergen Anna Marie Barclay:

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

Public Notice

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

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

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

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

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

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

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

Anna Marie Barclay

Mayor

Village of Bergen

Emergency Food ration boxes to be distributed in Bergen on Monday

By Billie Owens

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

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

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

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

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

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

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

It's spring, and with people leaving cars unlocked, thieves strike again

By Howard B. Owens

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

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

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

The cars being hit have been left unsecured.

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

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

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

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LISTING: Phase One Businesses reopening in Genesee County

By Howard B. Owens

A limited number of businesses can now reopen under the state's plan for a controlled approach to easing pandemic restrictions. The Batavian is inviting Phase One businesses to share information about their businesses with our readers for free.

If you operate a locally owned Phase One business, please email billie@thebatavian.com with the following information: Name of business, address, phone, website URL (optional), a very short description of what services you're providing and how (this is not a marketing message, just a short description).

This new list doesn't include Essential Businesses that we've previously listed. For that list, click here.

There are six categories of businesses in Phase One:

-- Construction;
-- Agriculture;
-- Forestry, fishing, and hunting;
-- Retail (limited to curbside or in-store pick up or drop off);
-- Manufacturing;
-- Wholesale trade.

For more information click here

We will update this post with business listings as they come in and periodically boost it back to the top of the home page.

Jacobs highlights Parlato's 'negative' campaign

By Howard B. Owens

Press release:

As first reported by the Buffalo News, the Republican chairs in the 27th District have demanded that Beth Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20

“GOP leaders say they imposed one requirement on candidates interviewing for the 27th Congressional District seat back in January: refrain from attacks on fellow Republicans. Now those same chairmen from the district's eight counties accuse Beth A. Parlato, the family law attorney competing in the June 23rd Republican primary, of breaking her promise with "nasty, negative" mailings and television ads aimed at Christopher L. Jacobs…” (Buffalo News, 5/13/20

“…party leaders say Parlato's jabs at Jacobs could threaten his efforts to win a special election against Democrat Nate McMurray..” (Buffalo News, 5/13/20

" 'We respectfully ask that you keep your commitment to run a positive campaign that avoids dividing the vote and potentially costing the Republican Party a member of Congress in the special election,' the leaders told Parlato. 'Please suspend your negative campaign and promote your own candidacy rather than viciously attacking others.' The letter is signed by all eight leaders of the district's Republican committees."(Buffalo News, 5/13/20)

“Republican chairs in the district said by running those ads, Parlato is squelching on a promise she made during the special election candidate nomination process.” (Spectrum News, 5/14/20

“Ontario County Republican Chairwoman Trisha Turner, speaking for the leaders' group, said Wednesday she is 'deeply offended' by the Parlato efforts and insists they represent a broken promise.” (Buffalo News, 5/13/20)

" 'No one's ever told her to get out, not to run, just not to do something that would be destructive to a special election and she committed to that and she's broken that commitment,' Turner says.” (Spectrum News, 5/14/20)

…"You pay people a lot of money to create that kind of negative imagery," Turner said, adding that attacks against a fellow Republican competing against McMurray at the same time as the primary are inappropriate. Turner also noted Parlato's earlier criticism of Robert G. Ortt, the North Tonawanda state senator who dropped out of the race after losing the party nod to Jacobs and whom Turner originally supported.” (Buffalo News, 5/13/20)

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

'It's a new world': County planners put stamp of approval on mixed-use buildings in Town of Pembroke district

By Mike Pettinella

The Genesee County Planning Board on Thursday night recommended approval of a zoning text amendment to allow mixed-use buildings in the Town of Pembroke Interchange District, but not before a discussion on the practice of placing housing units in industrial parks.

Tom Schubmehl, a member of the planning board and Pembroke resident, said he had some reservations about the Town Board’s application to modify zoning in the Interchange District -- a wide area around Thruway Exit 48A, extending to Route 5 along Route 77.

“Is there any other district in the county industrial districts that allows residential use? Schubmehl asked, directing his question to County Planning Director Felipe Oltramari.

Oltramari said that the Interchange District was different from a traditional industrial district.

“It can have commercial and it can have industrial … it has the Flying J (Travel Center). It has other things like that and includes an industrial park from the EDC,” Oltramari said, adding that he couldn’t think of other similar areas in the county that permit mixed-use facilities.

Schubmehl said he couldn’t either and said “it is a concern of mine that we start letting residential fill in this space. It's going to be no different than the rest of Pembroke.”

“I know it has no bearing on the impact of inter-community that we're discussing here tonight as a County Planning Board, but as a resident of Pembroke, I think it's bad idea,” he stated.

$3 Million Commercial/Resident Project Proposed

The Genesee County Economic Development Center is touting a $3 million commercial/residential project at its Buffalo East Technology Park, which is situated in the Interchange District.

J & R Fancher Property Holdings LLC has proposed building a 32,254-square-foot, three-story facility on two acres in the park, and is waiting for a public hearing and GCEDC board vote on its application to receive more than $600,000 in property, sales and mortgage tax incentives.

According to the GCEDC, the project consists of 17 market-rate, one- and two-bedroom apartments on the second and third floors, with space for four commercial tenants, as well as indoor parking and a fitness center on the ground floor.

Chris Suozzi, GCEDC vice president of business development, was on the planning board’s Zoom videoconference meeting last night, and pointed out that his agency worked with the Town of Pembroke on attracting the venture.

“They were all in favor for it,” Suozzi said. “Certainly, there's a housing shortage need in Genesee County. If anybody hasn't seen the housing study that LaBella (Associates) put out, (it’s) on the Genesee County website. And there's a big shortage of housing.”

GCEDC: 'Live, Work, Play' Model

Suozzi said the GCEDC is promoting a “live, work, play model” and that housing – particularly at industrial parks -- is an essential component in that thinking.

“And I know the location … in Pembroke is a great location because it's across from the school and already has a Tim Hortons that wasn't part of the EDC project, but it has that ability to be right next door to it and also has 7.9 acres in total that is being proposed, of which 2 (acres) are buildable and the other 5.9 are wetlands,” Suozzi offered. “They're all protected. It's a green space.”

He went on to say the project will generate tax revenue for the Town of Pembroke and reiterated that the town board is endorsing it.

Schubmehl then asked Suozzi if the GCEDC was going to consider residential at the WNY Science & Technology Advanced Manufacturing Park (STAMP) in the Town of Alabama.

“Well, you know, if the town said yes, I would certainly look at it, but it's not really up to Chris Suozzi and it’s not up to the EDC -- it's up to the municipality,” he said, again referencing a housing shortage.

“We look at economic development as a whole, and we bring in these companies … and the workers are living in Rochester and Buffalo, (so) we’re not optimizing the economic benefit of Genesee County,” he said. “And that's what that housing studies are showing; (that) there's a big need and we're missing the boat in terms of that revenue staying right in our county.

“So, to me, this is a new world right now and housing’s a big part of it, and the 'live, work, play' model is starting to change what's going on Downtown Buffalo right now … It's because all these old factories are being recondition and rehabbed and the millennials are jumping all over them and they're seeing growth in their workforce.”

Director Promotes Mixed Use for STAMP Site

Oltramari said he could foresee mixed-use buildings at the STAMP site, especially in a technology district closest to the hamlet of Alabama.

“I could see mixed-use buildings in that because the whole point of that is sort of having like an actual link between the hamlet and the business park,” he said. “You could have commercial businesses on the bottom floor, sort of like a main street kind of scenario. And I think that's been the vision for, you know, that kind of part of the park for a while now. So, I think even the town would be in favor of that at STAMP.”

Schubmehl asked whether or not the “live, work” model was actually in the proposal in front of the board, which prompted Oltramari to say he didn’t see it as a major issue.

“I think the era of separating uses, just for the sake of it commercial from residential or, you know, the whole reasoning behind that is to keep incompatible uses apart,” he said. “I don’t see that as a reason anymore, especially in the business parks.”

Planning Board Chair Laraine Caton then asked for a vote and all members, including Schubmehl, voted in favor of the request.

“No, I'm not opposed to it for the purposes as a planning board, we’re worried about inter-community problems here,” Schubmehl said. “And that's not an inter-community problem.”

In other action, planners:

-- Recommended approval with modifications of a special use permit for Jesse and Jolene Coots of Le Roy to operate an ATV, automotive event, hill climb, mud bog and time trial course on 10 acres of a 110-acre vacant parcel of land that they own on Perry Road in Pavilion.

The applicants said they plan to hold events two or three times this year (with the schedule dependent upon the COVID-19 pandemic).

The board’s modifications focus on the applicant obtaining written documentation from NYS Department of Conservation that the project will not be encroaching on wetlands as well as a permit from the Army Corps of Engineers for the potential Federal Wetlands. It also asks that the Coots submit an application for 9-1-1 Address Verification to the Genesee County Sheriff's Office to ensure that an address is assigned that meets Enhanced 9-1-1 standards.

-- Recommended approval with modifications of a special use permit request from Waifin Properties LLC of Clarence Center to operate a contractor’s yard in a Commercial District at 850 Main Road, Pembroke.

The proposed yard would encompass a 100-foot by 100-foot area on a 7.6-acre lot.

The board said the applicant is required to surround equipment and materials storage area with a fence of at least 8 feet high that has a gate, which shall be closed and locked except during working hours.

Republican Party election official explains procedure to fill District 1 legislative seat

By Mike Pettinella

The process to replace John Hilchey on the Genesee County Legislature begins with the Republican Party committees in the two towns that he represented, according to the county’s Republican Party election commissioner.

“The procedure would be that the Republican committees in the two towns – Alabama and Oakfield – would have to have a meeting to interview candidates to replace John,” Richard Siebert said Thursday. “Upon having that meeting, when they selected a candidate, they would then recommend that candidate to the County Legislature, which makes that appointment.”

On Thursday, Hilchey, the District No. 1 legislator, resigned, citing conflicts with his employment. He joined the legislature after winning the election in November 2017.

Siebert said the person who emerges from the committee meetings – “hopefully the best qualified person they can find,” he noted -- would serve for the rest of the year.

“And that person would still have an opportunity to get on the ballot for the November election, which they call an ‘opportunity to ballot’ and any party can do it, not just the Republicans,” he explained.

Others could run for the post as well, Siebert said, meaning there could be a contest in six months.

He also said the winner this November would serve in 2021 and then, provided he or she wishes to continue, be on the ballot again in November 2021, when that seat goes for a four-year term.

Potential candidates for the seat must reside in Alabama or Oakfield to be eligible.

Letters of intent will be accepted until May 22 and should be sent to Alabama Chairman Earl LaGrou at 7420 Macomber Road, Oakfield, NY 14125, or Oakfield Chairman Daniel Manges at 7475 Fisher Road, Oakfield, NY 14125.

For questions, contact LaGrou at (716) 912-8195 or Manges at (585) 813-3516.

Siebert said he was shocked to hear of Hilchey’s resignation.

“I can’t remember a legislator just stepping down,” he said. “I do know that John was very devoted and was a great asset to those two towns and will be deeply missed.”

Legislature Chair Rochelle Stein accepted the resignation with regret, stating that “we are losing a community leader who has served the people of Alabama and Oakfield honorably and well.”

Class of 2020 Honored

By James Burns

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At 8:20 p.m. (20:20 on a 24-hour clock) Batavia High School faculty and coaches lined Richmond Avenue next to a lit up Van Detta Stadium to honor students of the Class of 2020.

They were also there to honor all the athletes who did not finish, or never played spring sports this truncated school year.

The scoreboard was lit up with a score of 20-20, 20 min. 20 sec. with the message “Batavia High School Celebrates the Class of 2020."

Students and their families were asked to drive by to see the scoreboard lit up in their honor. 

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Photos: UMMC staff treated to free meals courtesy Casella Waste

By Howard B. Owens

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On three different dates this week, employees of UMMC are being treated to meals from Over the Border Taco Truck, courtesy of Casella Waste.

Casella General Manager Jeff Pero said the company wanted to provide meals to all shifts at the hospital so they served lunch yesterday and today and are set up on Bank Street on Saturday.

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Town of Bethany opening Monday after 'PAUSE' for COVID-19

By Billie Owens

Public Notice

Town of Bethany offices will open on Monday, May 18, 2020.

Court has not reopened as of yet. Per NYS Court Administration an opening date has not been determined.

All visitors to the Town Hall must wear facial covering and practice social distancing.

Residents/customers must schedule appointments to handle business that cannot be handled via phone, email or regular mail. A drop box is also available near the Town Hall door.  Receipts, etc. will be mailed to you.

No visitors to the Highway Department are allowed without an appointment. Facial covering and social distancing requirements must be adhered to.

All Board meetings will commence beginning with the regularly scheduled in June. Facial cover and social distancing protocol must be followed by everyone in attendance.

-- Town of Bethany Supervisor Carl Hyde Jr.

Le Roy's Robert Boyce to receive Alpha Medal of Service Award at GCC's first Virtual Commencement June 6

By Billie Owens

Submitted photo and press release:

The Genesee Community College Foundation is pleased to announce that the 2020 recipient of the Alpha Medal of Service will be Robert L. Boyce, of Le Roy

Boyce will receive this honor as part of the College's first Virtual Commencement Ceremony at 1 p.m. on Saturday, June 6, which is being livestreamed at www.genesee.edu.

Since it was established in 2006, the Alpha Medal of Service has honored individuals who have provided extraordinary volunteer and/or philanthropic support to Genesee Community College.

This distinguished Medal recognizes recipients that exemplify high levels of service to the College and the community and expresses appreciation to individuals whose influence positively impacts the growth and well-being of Genesee Community College.

Boyce served as president of the Genesee Community College Foundation from 2012-2015 and a board member since 2005, during which time he volunteered his time and energy in a number of different capacities including serving on: the Finance Committee and the Fund Development Committee as chairman; the Risk Management Committee; several Annual Campaign committees; as well as the search committees for GCC's annual fund director. 

Now a retired insurance broker from Tompkins Insurance Agencies, Boyce was the president and CEO of Ernest Townsend and Son Inc. from 1972 through 2000, when he sold his interest in the firm to the Tompkins Holding Company.

His other civic leadership commitments include: nine years on the United Memorial Medical Center Group Board, including a term as president; 10 years serving as president with the Le Roy Emergency Ambulance Service; and 50 years as a member and past president of the Le Roy International Rotary Club, where he is also a Paul Harris Fellow.

He was a member of the Town of Le Roy Board of Assessment and Review for 15 years and a trustee of Our Lady of Mercy Parish in Le Roy. He was recently named the LeRoyan of the Year in 2018.

Boyce served in the Army and graduated with a Business degree from the University of Buffalo.

In his spare time, he enjoys time with his wife, Elizabeth (Beth), their three adult children and six grandchildren. He is also a 50-year veteran season ticket holder for both the Buffalo Bills and the Buffalo Sabres.

The Genesee Community College Foundation promotes philanthropy and volunteer support on behalf of Genesee Community College. The Foundation Board is comprised of leading civic and business leaders, all volunteers, who guide the Foundation's fundraising programs, endowment funds, and stewardship activities, and who serve as advocates for Genesee Community College.

To learn more about how you could support the Genesee Community College Foundation, please visit online here.

Alabama and Oakfield GOP chairs seek candidates for GC Legislative Seat District 1

By Billie Owens

Press release:

The Alabama Republican Committee Chairman Earl LaGrou and Oakfield Republican Committee Chairman Daniel Manges seek a candidate to fill the unexpired term of Genesee County Legislative Seat District 1.

You must reside in either Alabama or Oakfield to fill this seat. 

Please send letters of intent to either:

  • Alabama Chairman Earl LaGrou at 7420 Macomber Road, Oakfield, NY 14125
  • Or contact Earl LaGrou directly at (716) 912-8195 with questions
  • Oakfield Chairman Daniel Manges at 7475 Fisher Road, Oakfield, NY 14125
  • Or contact Daniel Manges directly at (585) 813-3516

Letters of intent will be accepted up to May 22.

GC DMV remains closed until further notice, not included in tomorrow's Phase 1 reopening

By Billie Owens

From Genesee County Clerk Michael T. Cianfrini:

In light of the recent announcement that Genesee County has been included in the Governor’s Phase I plan to begin lifting restrictions in the Finger Lakes Region, I would like to clarify that unfortunately this does not apply to the Genesee County DMV.

Pursuant to the Executive Orders issued by the Governor in March, every DMV in the state was closed to the public and thus far none have been cleared to reopen.

In recent days we have fielded hundreds of calls from individuals inquiring as to whether we will be reopening to the public on May 18th, so I would like to clarify and state that unfortunately the Phase I plan does not include the DMV.

Therefore, until the state lifts the closure, we must remain closed to the public until further notice.  

However, while we are prohibited from opening our doors to the public at this time, we remain committed to serving the public to the extent possible.

Our office continues to handle a wide range of transactions submitted through the mail or deposited in one of our drop boxes. If you need to do any of the following transactions, please feel free to submit your paperwork either through the mail or preferably through one of our DMV drop boxes located on Court Street in Batavia or Main Street in Le Roy:

  • Registration renewals 
  • Transferring plates from one vehicle to another vehicle owned by the same individual
  • License plate surrenders
  • Driver’s license renewals, provided an electronic eye test has been submitted, or a form MV-619 Vision test is included.

If you drop off or mail any of these transactions to us, please remember to include your full name, physical address and a phone number in case we need to reach you.  

Also, please rest assured that if your driver’s license or registration expired in March they are still valid and you cannot be ticketed for the expiration.

Governor Cuomo, through executive order extended all of those expiration dates “until further notice."

I, along with other County Clerks, have advocated to him and our state Commissioner of Motor Vehicles to continue extending those expirations so that when we do reopen, we can do so in a measured, controlled manner. Otherwise, a situation may be created where maintaining order and social distancing in our office would be extremely difficult with the surge of customers.

Once we are cleared to reopen the DMV to the public, we are putting measures in place to help ensure the safety of both the staff and our customers through limiting the number of customers in the office, identifying safe distancing locations for those in line, and requiring the wearing of masks to enter the building and our office.

Further, we are restricting entrance to only the door on the west side of building, between County Building #1 and the Old Courthouse. The exit will be on the east side of the building on Court Street. This will minimize the risk of contact between people passing in the hallways.  

We appreciate everyone’s patience through this difficult time, and I remain confident that we can get through this together until some semblance of normalcy returns.  If you have any questions, please feel free to send us an email at:   county.clerk@co.genesee.ny.us

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The Batavia Housing Authority is seeking a positive, hardworking teammate to perform a variety of outdoor landscaping tasks, primarily mowing, with some trimming and cleanup work. The Groundskeeper is independently responsible for outdoor landscaping tasks on a weekly basis with some flexibility. This job may require some weekend hours when necessary. Part-time position Pay Range: $19.00/hr - $22.00/hr Anticipated start date: May 2024 Application deadline: April 29, 2024 See full job description at: https://www.co.genesee.ny.us/Groundskeeper.pdf Complete Civil Service Application at: https://cms1files.revize.com/geneseecountynew/CivilServiceApplication2022Revision-09.22.22.pdf Contact Information Nathan Varland Executive Director Batavia Housing Authority 400 East Main Street, Batavia, NY 14020 (585) 344-1888 nvarland@bataviahousing.org Location: Batavia
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For Rent - Lower 1 Bedroom Apartment Private country setting, lower one bedroom apartment with all appliances and parking. Sunroom with gas fireplace and patio. Includes water and heat. NEW LOWER PRICE! $1000/Month plus electric. No pets, no smoking. References and security deposit required. Available June 1st, 2024. Call 585-344-3141.
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