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Lovers Lane in Batavia will be closed for two weeks starting Sept. 12 for roadway reconstruction

By Press Release

Press release:

Lovers Lane will be closed to all through traffic beginning Monday, Sept.12 for roadwork. 

A 400-foot portion of the roadway is being lowered to improve sight distance.  In order to complete this work, the roadway will be removed.  Motorists will have to access properties from either the North or South and will not be able to travel through.

Residents of properties #8480 through 8611 Lovers Lane will need to access and egress their properties from the North utilizing South Main Street Road (Including 3560 and 3576 South Main Street Road)

Residents of properties 8714 through 8740 Lovers Lane will need to access and egress their properties from the South, utilizing Pearl Street Road.

The lowering of the road is anticipated to take approximately two weeks.

Paving of the remainder of Lovers Lane will be scheduled upon the completion of this work.  Date to be determined.

All through traffic is asked to seek alternate routes. 

Cornell extension to offer tomato canning class

By Press Release

Press release:

This is a hands-on class that will show you all the basics of hot water bath canning.  The Master Food Preserver will demonstrate both the hot and cold pack methods of canning.  There will also be a discussion on canning jams and jellies.

Recipes and handouts will be provided.  When the class is done, you will have a quart of tomatoes, but they will be too hot to take home that night.  You will be able to pick them up at the CCE office the next day.

The class will be held at the Stafford Methodist Church, 6134 Main St., Stafford.  Pre-registration is required as class size is limited.  No walk-in participants, please.  The cost for the class is $20 per person.  Registration and payment are due by Friday, September 23.  Contact Mandy at 585-343-3040, ext. 101 or stop by our office to register.  You can also register and pay online by going to our website at: https://genesee.cce.cornell.edu/events/2022/09/27/master-preserver-presents-canning-tomatoes .

Hawley laments decision of wage board to lower farm workers overtime threshold

By Press Release

Press release:

Assemblyman Steve Hawley (R, C, I-Batavia) is expressing disappointment following a decision by the Farm Laborers Wage Board to advance a recommendation to Commissioner of Labor Roberta Reardon to lower the farm laborer overtime threshold from 60 hours to 40. For months, Hawley has stood alongside farmers, farm workers, agricultural advocates, owners of agri-businesses and other lawmakers to call on the board to reject a proposed reduction to the overtime threshold, warning of the devastating effects such a decision would have on rural communities and all who work in the agricultural sector. 

As the board considered whether or not to implement a lower threshold, they collected testimony regarding the proposal during a series of virtual hearings. During those hearings, the vast majority of testimony provided by farmers and farm workers opposed its implementation, warning that it threatened the livelihoods of both farm owners and laborers. 

The concerns expressed by those opposed to lowering the threshold have been corroborated by a number of studies, as a report by Farm Credit East has stated that the total cost of lowering the overtime threshold to 40 hours, coupled with minimum wage increases, would result in an increase in labor costs by over 40 percent for New York’s farms. Another study by Cornell University found that 70 percent of New York farm labor guest workers would not return to New York were the threshold to be lowered and would instead seek work in other states where they have the opportunity to work longer hours.

Following the advancement of the Wage Board’s final report and recommendation, the fate of the farm overtime threshold rests in the hands of Reardon, who has 45 days to decide whether to accept or reject it.

“Now that the fate of farming as we know it here in New York state has been put in jeopardy by the Wage Board, even after hearing how their decision will jeopardize the livelihoods of thousands of farmers and farm laborers, I sincerely hope that Commissioner Reardon will step in to prevent what would prove to be a catastrophic event for rural communities and the entire agricultural sector,” said Hawley. “Lowering this threshold helps nobody while threatening the existence of multi-generational family farms and an entire way of life, so I sincerely hope that ultimately both the threshold and the continued viability of our farms will be preserved.”

Batavia man who worked as teacher in WNY admits to federal child pornography charges

By Howard B. Owens
Derek Hagen

A 29-year-old man from Batavia entered a guilty plea Wednesday in U.S. District Court in Rochester to the production of child pornography and possession of child pornography involving prepubescent minors. 

Derek Hagen faces at least 15 years in federal prison and could face up to a $250,000 fine. 

Hagen worked in several WNY teaching, substitute teaching, and child-care positions in the Western District of New York, including at the Brockport Childhood Development Center, the Batavia City School District, the Pembroke Central School District, and most recently with the Dansville Central School District.

Between May and July 19, 2018, Hagen was employed as an assistant teacher at the Brockport Childhood Development Center in the infant, toddler, and preschool classrooms, according to federal prosecutors.

During this time, he produced and possessed sexually explicit images of children entrusted to his care.

The children ranged in age from six months to five years.

Hagen produced these images while changing diapers and assisting children who were learning to use the bathroom.

Assistant U.S. Attorney Kyle P. Rossi, who prosecuted the case, said in a release that between January 2018 and July 21, 2021, Hagen engaged in a pattern of prohibited sexual conduct with a victim between the ages of 4 and 8. Hagen, he said, photographed and videoed himself subjecting the child to sexual contact. Hagen then distributed the images of the child to other individuals over the internet.

Hagen also possessed approximately 50,000 images and videos of child pornography that he received from others via the internet.

The plea is the result of an investigation by the New York State Police, Homeland Security, and the National Center for Missing and Exploited Children. 

There has been no information released indicating that Hagen exploited children in Batavia.

Sentencing will be scheduled at a later date.  

Pembroke Dragons top Attica in girls soccer in OT, 4-3

By Howard B. Owens

Pembroke pulled out a 4-3 OT win in overtime in girls soccer at home on Tuesday night.

Attica Goals: 

  • Skylar Savage (28 min)
  • MacKenzie McLeod (42 min) 
  • Skylar Savage (45 min)  
Pembroke Goals: 
  • Kayla Weyrauch (10th grade) (49 min) assisted by senior captain Karli Houseknecht
  • Kayla Weyrauch (10th grade) (52 min) assisted by Morgan Coniber
  • Morgan Coniber (9th grade) (79 min) to tie game, assisted by senior captain Karli Houseknecht
  • Morgan Coniber (9th grade) (87 min overtime goal to win) assisted by captain Seneca Calderon

The Dragon's goalkeeper, Arianna Hale, made 12 saves. 

Leaders on defense were Ameilia Berghorn, Isabel Breeden, and Emma Groff, who all contributed multiple stops and a strong defensive line, said Head Coach April Meier.

Photos by Kristine Groves

Genesee Chorale preparing for new season, open to new members

By Press Release

Rehearsals start soon for the Genesee Chorale and the chorale is eager to accept new members into the group.

Rehearsals are Monday evenings starting at 7 p.m. and wrapping up by 9 p.m. at St. James Episcopal Church. 

The first rehearsal is on Sept. 12.

The chorale is planning its seasonal concert for December.

Singers of all levels of experience are welcome. 

To register, visit https://www.geneseechorale.com/members

More information is also available at https://www.geneseechorale.com/join

Photo: File photo by Howard Owens

Sheriff asks to expand the pool of candidates with nearby counties

By Joanne Beck

Corrections officers are badly needed for Genesee County Jail, and it’s time to expand the search, Sheriff William Sheron says.

Now that a new jail is under construction, there are to be male and female inmates, which creates a need for more, and more diverse, officers, Sheron said during Wednesday’s Ways & Means meeting.

“We’re looking for candidates for corrections officers, especially females,” he said.

He asked legislators for approval of an amendment to allow officers to be from contiguous counties as well as from the desired first choice of Genesee. Less than 40 people took the last Civil Service test, compared to 80 previously. The pool of candidates is growing "leaner and leaner," he said.

Sheron hopes that by enlarging the pool to include other counties, there will be more candidates to choose from.

Several years after initial planning, saving and getting documentation in place for a new Genesee County Jail, the first shovels struck the ground in May for the $70 million, 184-bed facility on West Main Street Road, adjacent to County Building #2. It’s on track for a March 2024 completion.

Once the jail is completed, there are to be male and female inmates, and therefore female officers would be required for the facility. Legislative Chairwoman Shelley Stein remarked that it’s “going to be a beautiful facility” to work in, to which Sheron replied “night and day.”

A public hearing must take place before the proposed amendment — to expand the residency territorial area to employ corrections officers — is officially adopted. The committee agreed to set that for 5:30 p.m. Sept. 28 at the Genesee County Old Courthouse, 7 Main St., Batavia.

The resolution states that “The County of Genesee Legislature hereby finds that in order to ensure an adequate pool of qualified applicants as Correction Officer, it is necessary and advisable that such Correction Officer may be permitted to reside within the County of Genesee or any county contiguous to the County of Genesee: namely, Erie, Niagara, Orleans, Monroe, Livingston, or Wyoming Counties.”

As it stands now, state public officers law requires a person to be a resident of the political subdivision or municipal corporation of the state for which such person is chosen or within such person’s official functions. That law can only be revised by an act of the Legislature.

For anyone interested in taking the related test, the next one is on Dec. 10.

For more information, go to Genesee County

File Photo of Sheriff William Sheron being sworn in as first new sheriff in nearly 30 years. Photo by Howard Owens.

Blue Devils home games to include extra security measures

By Joanne Beck

In anticipation of the first home game against Livonia at 7 p.m. Friday, the City of Batavia Police Department has a reminder for community members who will be attending the Batavia High School Blue Devils home football games this season at Van Detta Stadium:  the department will be strictly enforcing parking and safety rules and regulations.

“It’s going to be exciting and we anticipate large crowds, but that is not an excuse for unruly behavior, so our officers are going to be strictly enforcing parking measures and any violations related to safety and security,” Batavia Police Chief Shawn Heubusch said in a press release. “We are going to be working closely with the school district’s security firm and personnel working the games, as safety is the number one priority for fans, players and the surrounding neighborhood.”

Chief Heubusch noted that construction work near the stadium on Richmond Avenue to Oak Street and Park Road west of the stadium is ongoing throughout the fall. Those traveling in the area should use caution and plan ahead.  There may be road work that could impact parking, he said.

“We will be issuing tickets for any car that is illegally parked. For any public event where there is going to be a large crowd, we encourage those attending the game to arrive early and be respectful of people’s properties.” Heubusch said. “Parking is available in the designated lots at Van Detta Stadium and Robert Morris School. If necessary to park on adjacent streets, please adhere to the parking regulations as per the posted signage and do not block driveways. Officers will be monitoring the areas surrounding the stadium for parking violations and issuing parking tickets as necessary.”

In addition to Batavia Police officers and the district’s security firm being on site in and around the stadium, all attendees will be wand-checked to ensure no prohibited items are brought into the facility, he said.

School Superintendent Jason Smith sent a letter home to families last month informing them of the updated security measures to be used at home games. The fact that these football games are popular and well-attended has created a need for additional protection, Smith said. 

“In collaboration with the Batavia Police Department, we continue to make safety our number one priority for students, staff, and community members attending events at Van Detta Stadium,” Smith said in the release. “We’re anticipating a large crowd Friday night and throughout the season, and we want to continue to get the word out about enhanced safety protocols, guidelines, and expectations for those attending.”

In addition to coverage by city police, the city schools board approved a contract with Armor Security in May. The agreement is for services through Dec. 31 of this year and is with Armor Security and Protection Inc. of Rochester. The company is to provide state-certified security guards “to provide security and safety services for property located at 120 Richmond Ave., Batavia,” the contract states. Work includes monitoring venues for inappropriate, illegal behavior or actions, reporting of safety concerns within the venue and assisting with safe entry and exits.

The guards are to notify law enforcement or other emergency service providers as deemed necessary. Documentation is to be provided to the school district about any incidents deemed a reportable event or at the request of the district, according to the contract. Guards will be wearing an Armor Security uniform of black pants and shoes, and an Armor uniform shirt, layered with an Armor jacket during colder months.   

Pair charged in dog abuse case appear in City Court, further proceedings pending

By Howard B. Owens

Two people accused of abusing a pair of dogs, including one who eventually died, made their City Court appearances today after missing similar appearances in June.

Both Andrew A. Searight, 35, and Jerrtonia A. Scarbrough, 24, are charged with two counts each of felony aggravated cruelty to animals.

They are accused of abandoning two pitbulls in apartment 60 at 337 Bank St., Batavia. The two animals were found malnourished and covered in feces in their cages inside the apartment on May 10, according to witness statements.

Searight was first on the docket in City Court on Wednesday afternoon.  He entered a not-guilty plea and City Court Judge Durin Rogers bound his case over for Grand Jury review.  If indicted, his next appearance will be in County Court at a date yet to be determined.  

Scarbrough also entered a not-guilty plea and Rogers ordered her released under the supervision of Genesee Justice.  He said Scarbrough couldn't leave the county, which raised an objection from her attorney, Jamie Walsh, with the Public Defenders Office, who informed Rogers that Scarbrough frequently stays with her mother in Niagraga County and that Scarbrough has a five-year-old child who attends a public elementary school there.

Rogers wasn't swayed.  He said if Scarbrough wanted to leave the county, she could seek permission from Genesee Justice or return to the court for permission.

The conditions and supervision were necessary, Rogers said, because of Scarbrough's previous failures to appear in court when ordered, her prior offense, and a warrant for an apparent failure to appear, out of Niagara County, along with the severity of the charges.

Scarbrough faces an obstruction of governmental administration charge in Niagara County. 

The charges against Searight and Scarbrough stem from the discovery of two pitbulls in an apartment the pair had reportedly shared. Both dogs had been left in cages and were starving, and covered in feces, when animal control officers arrived at the apartment after a neighbor called authorities.  The male pitbull has recovered while the female pitbull had to be euthanized. 

Previously: 

Photo: Restoration work continues on former Sheriff's Office facade

By Howard B. Owens

Masons are continuing work to repair the aged facade of the former Sheriff's Office building on West Main Street in Batavia.

Earlier this year, Montante Construction won a $1.4 million bid to do the work.

After years of deferred maintenance, the sandstone and brick front of the building had portions that were cracking and falling away.

The front of the building currently houses Genesee Justice and the back is an addition that houses the Genesee County Jail.

Both operations will move into the new jail being built next to County Building #2 on West Main Street Road in the Town of Batavia.

Photos: First day arrivals at Wolcott Street School in Le Roy

By Howard B. Owens

Temprence Stack got off her first school bus ride at Wolcott School this morning, a moment her parents, Robert and Kimberly Stack, were on hand to document with their mobile phone cameras.

While the Stacks waited for the school buses to unload, with Temprence standing at the top of the stairs, ready to be the first one let off the bus, Kimberly said, "I'm probably more nervous than she is."

As Temprence entered the building to start her first day of kindergarten, Kimberly was overcome by emotion (fourth photo).

Le Roy Central School District Superintendent Merritt Holly was on-hand at the school bus parking lot to greet elementary school students on their first day of class.

Holly said the start of the school year is always exciting but this one is a little more special.  Not only has Wolcott undergone some major renovations over the summer, it's the first year in a couple of years where things are back to "normal."

"I think it's it's nice that we don't have kids going through getting temperature checks," Holly said. "It's even better without having masks on today. It's good. That makes it that much better."

At the school, some of the students walking past the renovated gym wanted to sneak a peek through the open door as they walked past.

"It's always exciting just to see the faces of kids coming in, especially with some of the new things and the Wolcott Street School building that they're able to see today," Holly said. "It's just seeing those smiles coming in that makes it all worth it."

PreviouslyClock is ticking as Le Roy's first day of school approaches and work remains to be done

Teacher Ann Olivani's new kindergarten class. Olivani is pictured at the back of the class.

If you have first-day-of-school photos from anywhere in Genesee County that you would like to share with the community, email them to howard@thebatavian.com.

WNY National Cemetery to give final salute to Avenue of Flags for the year

By Joanne Beck

November 11, Veterans Day, will cap this year’s first-ever flag-raising Memorial Day ceremony, as the Avenue of Flags will be taken down at Western New York National Cemetery, William Joyce says.

Filled with interment flags that had either draped a veteran’s casket or accompanied a veteran’s urn to a final resting place, the Avenue is a traditional honor each year from Memorial to Veterans Day. It was installed in 2021 and inducted with a ceremony on May 29 of this year.

As director of Genesee County’s Veterans Services, Joyce gave his annual report Tuesday to the Human Services Committee, including how the inaugural flag ceremony went.

“It was well attended by the public and so well received. I know there wasn't much advertisement, but without the advertisement, there were still a lot of people present for in-ground burials. For cremation section 10 is now closed. It's due to its capacity. Now they're moving to Section nine. It's right next to it,” Joyce said. “And to this date, there have been 1,207 burials, that's as of today. And of those, I can proudly say I assisted 18 families with arrangements for burials at the National Cemetery.”

He is the only Memorial Council member in this area with authorization to arrange burials at the National Cemetery, he said. That just “broadens my scope on what I can do for the veterans and families,” he said.

A prior budget approval to purchase uniforms for the Honor Guard was well used, he said — “they spent every bit of that” — and Guardsmen now have a cohesive, professional appearance.

“They’re all looking the way they're supposed to out there, in the same uniform,” he said.

Two weeks ago he learned that the Department of the Army will pay volunteers $50 for every service they perform on behalf of fallen veterans. They will have to go through training first to become certified to perform services at the WNY National Cemetery, he said.

His office had 1,452 contacts and provided 5,321 client services during the past year, including help to file 106 veterans’ property tax exemptions. The first veteran burial at the new cemetery was on Oct. 18, 2020, and there has been an average of four to six per weekday ever since at the site at 1254 Indian Falls Road, Corfu, he said.

Construction has been ongoing to expand the original site due to a lack of capacity. Click here to see the latest drone flyover taken in August.

The Cemetery was approved in 2021 to display the Avenue of Flags from Armed Forces Day to the Saturday after Veterans Day. Joyce said that there will be an official ceremony on Nov. 12 to dispose of any flags that aren’t “serviceable,” he said.

Each flag had been presented to the next of kin of the veteran on behalf of the President of the United States and the branch of service the veteran served. Families donate their veterans’ interment flags to fly along the Avenue to represent their service and sacrifice to the country.     

The Memorial Council is responsible for the maintenance of the flags as well as collecting the donated flags.

For more information about the cemetery and related services, click HERE.

2021 File Photo of the Avenue of Flags at WNY National Cemetery in Corfu. Photo by Howard Owens.

Mental Health director proposes hybrid psychiatry to fill a rural need

By Joanne Beck

After biding her time with a glaring vacancy, Mental Health and Community Services Director Lynda Battaglia broached the topic during Tuesday’s Human Services meeting.

“So this is one that I've talked about for well over a year now, and it's finally time to bring this one forward. This is a creation of a full-time, Genesee County psychiatrist position for the Department of Mental Health. There's no doubt that this is a bigger ask, considering the salary. But it's a specialized service. And it's definitely something that's needed within the department,” Battaglia said to the group of committee members. “Right now, our wait time for somebody to get in with a psychiatrist is about six weeks. And that's when we have all of our providers. I'd like to create this position so that it benefits the community, and it benefits the clients that need to get access to provider treatments. I have to think about stability within the department as well as future planning and longevity for psychiatry.”

She requested an amendment to the 2022 management salary schedule to create one full-time staff psychiatrist (Community Mental Health) position at a base salary range of $292,500 to $331,500. That would mean an estimated salary of between $73,125 and $82,872 for the remainder of the year’s last quarter, at a fee of $150 to $170 per hour.

Fringe benefits would add up to about $21,000 more, for a quarter total of up to $103,814, according to the resolution. Battaglia doesn’t expect these costs to impact the existing 2022 budget, considering the unstaffed positions within the Mental Health Department.

There are four clinical positions and three in the finance area that have been vacant, she said. It may not be an easy job to recruit a psychiatrist to a rural area, but it would certainly add some consistency to the department, she said.

“For the last three years, we've worked with an agency to provide us with services. And that has been helpful, it has definitely been a Band-Aid and has helped fill the gap. However, in the three years, I've had my third psychiatrist. And you think about a person that comes through mental health for services, you're taking a risk every time you have a doctor that's providing the telehealth services. And if it doesn't work out, then I'm bringing in a new psychiatrist. And if that one doesn't work out, I'm bringing in another one,” she said.

“And the agency that I've gone through has been absolutely tremendous," she added. "They’re very accommodating, with excellent communication. The doctor has to be the right fit. And so to have one client have to work with three different doctors over the course of their treatment, it's very challenging, and it's frustrating the clients.”

An upside is that the position could generate revenue and potentially become self-sustaining and not cost the county additional money, she said. It could also reduce the wait time from six to three weeks, which still isn’t ideal, but “if we can cut it in half,” that’s an improvement.

Battaglia proposed creating the position as a hybrid, including in-person visits and telehealth appointments, as an incentive for the right person. She doesn’t want to offer 100 percent telehealth and feels that a hybrid model offers two options to deliver the service. That might better accommodate an applicant, and “we have clients and community members that like to do either way,” she said.

“I think for 2023, it would definitely save the county some money,” she said. “I feel like it’s a win-win all the way around.”

County Manager Matt Landers reiterated how Battaglia has been talking about this need “for quite some time.” Simply put, it sounds like a breakeven proposition, he said.

“Instead of contracting out, you're paying a county employee, and there’s potential for generating additional revenue — more billable hours — which would generate more revenue. Now we're not doing this to make money. And at the same time, if this ended up being a subsidized effort, but ended up providing better service to the community, again, it will be something that the manager's office would support,” he said. “Even going down this route and approving this, that's step one, and it's really going to be a challenge to find a qualified doctor willing to come to us, you know, rural counties have this difficulty. So, in general, I support the effort going forward, because it's not going to be budgetarily … negative to our county budget. And it's got the full support of mental health, but I think we can provide better service.”

Battaglia also requested a budget amendment to hire a full-time mental health financial program specialist position, which would cost $19,553.50 for the remainder of this year. There are funds available in the 2022 budget to cover this expense due to unstaffed positions within the department. This position for a full year will cost $78,214, according to the resolution.

The committee approved the requests, which will continue on the process for committee approval until they finally reach the Legislature for final adoption.

Photo: Lynda Battaglia, Director of Mental Health and Community Services. Photo from the county website.

Hunt Real Estate opens new Downtown office with ribbon-cutting and mixer

By Howard B. Owens

Genesee County is growing and Peter F. Hunt, CEO of Hunt Real Estate, wants his company to capitalize on that growth.

"We began some investigation in the marketplace and realized that it's a good place to be," Hunt told The Batavian following a ribbon cutting for his firm's new office at Main and Jackson in the heart of Batavia. "I was quite impressed with the local chamber, the industrial development agency, people who really have a great interest in seeing this become a better, a much better town."

Hunt purchased the former Genesee Bank Building (in recent years it has been a financial firm's office and a couple of different locally owned retail stores) and invested in a complete remodel of the interior to make it suitable for Hunt agents to have office space and meeting rooms.

"We were lucky that it was available," Hunt said. "When we found out it was available, it was, unfortunately, a long series of negotiations. We could have made it faster but we had too many people involved. Finally, when I just said, what's going on? And they said, Well, we're kind of stalled. I called Michelle (Schlossel) and I said, 'let's close it today.' I hadn't been inside and when I got inside, I realized we were going to do a lot of work in this place. But I think we made the right investment. I think it's a great location. It's a beautiful building. Great bones. And we want to make it really something special."

Previously: Real estate company to move into historic downtown Batavia property

Dollar General planning seventh store in Genesee County in Darien

By Howard B. Owens

The former Timberwolf Restaurant location at 1658 Broadway Road, Darien, dilapidated, overgrown, and vacant for many, many years, is likely to soon become the new location for the seventh Dollar General store in Genesee County.

The Genesee County Planning Board is being asked to approve a site plan review and area variance at its Thursday meeting to allow the project to go forward.

The planning staff recommends approval with modifications.

The requested modifications are that the signage complies with the town's zoning regulations and that the applicant gets State DOT approval for a driveway permit.

The applicant is The Broadway Group LLC based in Huntsville, Ala.

Dollar General is based in Goodlettsville, Tenn. and operates 17,000 retail stores nationwide.

The plan calls for the crews to demolish the Timberwolf building, which sits on a 3.08-acre lot, and construct a 10,640-square-foot store at a total project cost of $574,550.

Howard Hanna currently lists the property but with a sale pending. The listing price was $199,900.

The current owners are Johnson and Sons LLC.

Broadway Group is seeking an area variance to reduce the number of parking spaces outside the store from the required 73 to 35.  In a letter with the application package, Jade Haynes, Dollar General's plan coordinator for the Northeast region, the company says operating 17,000 has given the company a significant amount of data to understand a store's parking needs.  The stores average 15 to 20 transactions per hour.

"We have estimated and confirmed that 35 spaces will accommodate the customer flow rate that our business generates," Haynes states. "This standard has also been sufficient for traffic generated at peak Christmas season levels."

The application notes that the property is large enough to accommodate more parking spaces but that more spaces are unnecessary for the business. 

"Less asphalt improves drainage and allows for more green space," the application states.

A staff member with The Broadway Group wrote on the application that the project will "bring new life" back to a part of Darien that is currently marked by a building that has fallen into disrepair. 

"This is not a destination location," the application states. "The proposed development will serve traffic that already uses Broadway Road as a means of transversing to and from work or home."

The only other item on Thursday's Planning Board agenda is site plan review for a new contractor's yard at 9904 Alleghany Road, Darien. The staff is recommending approval with modifications.

The Planning Board meets at 7 p.m.Thursday in the large conference room of County Building 2, 3837 W. Main Street Road, Batavia.

Top photo: Via Google Street View.

Ag community calls on Hochul to reject wage board's recommendation to reduce overtime threshold

By Press Release

Press release:

After today’s release of the Farm Laborers Wage Board report, members of the Grow NY Farms Coalition called on Governor Hochul and Department of Labor Commissioner Roberta Reardon to reject the report and maintain the current overtime threshold at 60 hours per week. 

Members of the Grow NY Farms Coalition stated that the report is the product of a flawed process. They explained how the report downplays important testimony and data from farm workers, farmers, and researchers from Cornell University, and it omits reference of important workforce training and workplace protections already in place – many of which are nation-leading and even stronger than what’s provided in other industries.

Statement from the Grow NY Farms Coalition:

“New Yorkers depend on the viability of local family farms. Yet, recommendations put forth by the Department of Labor in the Farm Laborers Wage Board report will put the future of farming in New York at risk. In fact, this report and its recommendations are not reflective of the significant data and research conducted by academics and industry experts, or the majority of public testimony provided throughout the public hearing process.  We urge Governor Hochul to direct Commissioner Reardon and the Department of Labor to dismiss this report and pause any decisions relating to overtime until the USDA Census of Agriculture is released in 2024, which will help inform potential changes to our state’s volatile, fragile, and necessary agriculture industry.”

New York Farm Bureau President David Fisher said, “I believe the report which was written by the Department of Labor does not reflect the data, research and scope of the full testimony that was provided. It gave added weight to the opinions of those in favor of a lower threshold and discounted the majority of the in-person and written testimony of farmers, farmworkers and agricultural experts. The facts cannot be ignored, even if the report does not give them their due consideration.”

Northeast Dairy Producers Association Vice Chair Keith Kimball said, “The entire Farm Laborer Wage Board process has lacked transparency and integrity from the start, and the final report is no exception. The Wage Board report fails to represent the outpouring of testimony from New York’s agriculture industry, which resulted in over 70% of testimony asking to keep overtime at 60 hours. There’s also no mention of the hundreds of letters or other written and video testimony provided by farmworkers. And, it discredits the economics of family farms and the unique challenges no other industries are faced with. This has not been a fair process. As a farmer who testified himself and whose workers also testified, it is extremely disheartening to feel like those impacted by this decision were never heard and are in fact being ignored.”

New York State Vegetable Growers Association President Brian Reeves said, “I’m disheartened and disappointed that the voices of farmworkers, farmers, and researchers who spoke in support of the current overtime threshold have essentially been ignored. This report shows that the majority of the Wage Board never truly considered all of the information and insights offered to them during this process. I strongly encourage Governor Hochul and Commissioner Reardon to reject this flawed report and maintain the current overtime threshold.”

New York State Horticulture Society and the New York State Berry Growers Association Executive Director Jim Bittner said, “As a farmer and agriculture advocate, I’m extremely concerned about the future of farming in New York if this report is accepted by Commissioner Reardon. The report completely fails to take into account the massive cost increases – especially for fuel and fertilizer – that farmers have faced during the pandemic. There’s also no mention of the fact that New York has lost almost 5,000 farms over the last 20 years, and we’re expecting a new USDA Census report in 2024 which should inform decisions moving forward. We need Governor Hochul and Commissioner Reardon to support our farms and stay at 60.”

Cornell Research ReportClick here to watch a video presentation by Cornell University E. V. Baker Professor of Agricultural Economics Chris Wolf.

Cornell TestimonyClick here to watch a video presentation by Cornell Agricultural Workforce Development Director Dr. Richard Stup.

Farm Credit East ReportClick here to watch a video presentation by Farm Credit East.

Once the board delivers its report, Department of Labor Commissioner Reardon will have 45 days to review and announce her decision. Within five days of receipt, DOL will publish notice in at least 10 newspapers of general circulation in the state. Any objections to the report and recommendations can be sent to the Commissioner within 15 days after such publication.

State Senator Ed Rath:

“I am extremely discouraged by the Farm Laborers Wage Board’s decision to lower the overtime threshold from 60 to 40 hours. I have spoken with numerous farmers and farm workers.  Both have made it abundantly clear that this will be extremely detrimental to our family farms and farm workers. This is another example of Albany failing to do its due diligence by listening to critical stakeholders.” 

GSO, Haxton Library partner on music appreciation event for Oakfield community

By Press Release

Press release:

Six members of the Genesee Symphony Orchestra will be presenting a special program on Sept. 15 from 7  to 8 p.m. at the Oakfield Government and Community Center.

Music lovers are invited to come to listen to and learn from these talented musicians as they perform some selected pieces and showcase each of their instruments. Each of the six musicians from the orchestra will explain how their specific instrument works and how it is unique. The audience will experience the six instruments played alone and played together as part of a six-piece ensemble.

“This program is a great way for children and adults to learn about the special qualities of the musical instruments that will be showcased,” says Kim Gibson, Library Director at the Haxton Memorial Library. “Everyone will enjoy this presentation.”

The Genesee Symphony Orchestra is a regional orchestra that presents concerts for the enrichment of our community through high-quality performances, educational opportunities, guest artists, and partnerships. It is one of the oldest civic orchestras in New York state.

The special presentation takes place at 7 p.m. at the Oakfield Government and Community Center, 3219 Drake Street in Oakfield.

This family-friendly project is made possible with funds from the Statewide Community Regent Program, a regrant program of the New York State Council on the Arts with the support of the office of the Governor and the New York State legislature and administered by Go Art!         

The Haxton Memorial Library located at 3 North Pearl Street in Oakfield provides residents with a variety of programs, events and materials that are listed on the library’s website at www.HaxtonLibrary.org.

Photo: File photo by Howard Owens.

City Fire announces site designed to help responders access critical information about homes and businesses

By Press Release

Press release:

The City of Batavia Fire Department has been working closely with technology partner First Due to

release Community Connect, an application focused on protecting residents and their property in the most effective way possible during an incident or major disaster. Community Connect is a secure, easy-to-use platform that allows residents to share critical information about their household in order to aid first responders and emergency service personnel in responding more efficiently and effectively; ultimately resulting in better incident outcomes.  In addition to the residential portal, Community Connect also helps business owners and managers keep people at their commercial properties safe by giving First Responders access to critical documents such as evacuation procedures, occupant rosters, hazardous material lists and more. Additionally, designated contacts at properties that joined the program will receive immediate alerts via text message when First Responders are dispatched to the building address.   

Community Connect is completely voluntary and residents are individually able to decide which information they are comfortable sharing. Residents simply create a profile and enter critical property and occupant information which is then made available to public safety agencies at the time of dispatch. Data provided by residents within Community Connect is 100% secure and is used only for the purpose of better serving the resident during emergency situations.

To learn more about the program and to create your profile, please visit City of Batavia Community Connect.

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