Press release:

The Forum Players will be presenting Alice In Wonderland by Brainerd Duffield, an adaption of the classic tale written by Lewis Carroll. Performances will be held on April 21, 22 and 23 at 7:30 p.m. in the Stuart Steiner Theatre at Genesee Community College.

After a chance meeting with the White Rabbit, Alice finds herself tumbling down a seemingly endless rabbit hole. Once she reaches the bottom, she finds her world has been turned upside-down. She meets the tempestuous Queen of Hearts who invites her to play a game of croquet. Things only get more peculiar from there. From dangerous encounters with vengeful queens, to new companions who may not have Alice's best interests in mind, Wonderland soon loses its luster. If Alice has any hope of getting home to her cat Dinah, she must traverse through Wonderland to the border of Looking-Glass Land. From there she'll have to travel square by square on a giant chessboard. Only once she reaches the eighth row and becomes a Queen herself can she be free to go home.

Brainerd Duffield's adaption of Lewis Carroll's classic tale takes on a much darker tone. Alice and her adventures through Wonderland become an allegory for a child facing the nightmare of growing up. It's a coming of age story where the dream becomes a nightmare. Take an expedition into Wonderland and see a fresh look at the horror of the journey to adulthood.

This show features themes of abuse, bullying, drug addiction, alcoholism, narcissism, peer pressure and selfishness. It is not suitable for young children. There are some scenes that may be too intense for children under 16. This is not a children's theatre production. No child will be permitted without an adult.

Alice in Wonderland by Brainerd Duffield features an international cast of GCC students. Audiences will enjoy the many talents of the following Forum Players:

• Jillian Curtis, LeRoy NY as Alice
• Gyandro Marselia, Willemstad, Curacao as The White Rabbit
• Mya Thomas, Akron NY as the Queen of Hearts
• Rob Reiss, Elba NY as the Mad Hatter, The Executioner
• Haylea-Ann Self, Brocton NY as the Caterpillar, The March Hare
• James Barcomb, Batavia, NY as the Duchess, Cheshire Cat, Gryphon
• Francesca Pieter, Willemstad, Antilles, Netherlands as the Red/White Queens
• Reina Fujikawa, Sakaide, Kagawa as the Mouse, Dormouse
• Jessie Pierce, Batavia, NY as the Mock Turtle
• Raylynn Ryan, Fillmore NY as Tweedledee, Knave of Hearts
• Celeste T. Dzielski, Rochester NY as Tweedledum, Humpty Dumpty, King of Hearts
• Crimson Allis, Gasport, NY as the Fish Footman
• Cheri Pekurny, Binghamton NY as the Frog Footman
• Cheri Pekurny, Crimson Allis, Belancia Joseph (Jamaica, NY) as the Cards
• Ayaka Nakamura (Osaka, Japan), Tiffanie Drum, Tiffany Smith (Arkport NY) as the Flowers
• Ayaka Nakamura, Tiffanie Drum (Cohocton, NY), Tiffany Smith, Cheri Pekurny, Crimson Allis as the Dance Ensemble
• Rob Reiss Special Sequences

Director Maryanne Arena shares, "This beloved tale is what nightmares are made of, and being a teenager is a nightmare! We are not telling this tale to play to children, using fun, one dimensional characters. Rather, we are exploring the expectations and circumstances or growing up in a world where you feel you don't belong. A world of monsters, bullies, and questions with no answers. Alice In Wonderland by Brainerd Duffield can be told with a variety of themes in mind. We wanted to explore the pains of middle years of growth and not knowing where one belongs. Not a child, yet, not an adult; Alice fights for survival and the strength to overcome the many nightmares of youth. Please enjoy this interesting tale of youth. Maybe you can find yourself and the monsters that pursued you in your youth."

Production Staff

• Directed and Staged by: Maryanne Arena
• Production Designer: Brodie McPherson
• Musical Director: Lauren Picarro-Hoerbelt
• Choreographer: Tara Freitag
• Assistant Director: Rob Reiss
• Stage Manager : Hayley Jo Denaro
• Audio Engineer: Chris Stawiasz
• Light Board Operator: Yuina Otsuka
• Run Crew: Trevor Clark, Kaine D'eredita, Lindsey Windham
• Costume Run Crew: Julianna Turoldo
• Costume Designer: Beth Ohman
• Wardrobe Supervisor: Loy Gross
• Posters: GCC Digital Arts and Pam Swarts
• PR, Photos: GCC Marketing Communications
• Arts Center Assistant/Box Office Attendant: Jessica Skehan
• Promotional Materials: GCC Marketing Communications & Jessica Skehan

You may contact the Stuart Steiner Theatre box office for more information and ticket sales. They can be reached by phone at (585) 343-0055 x6490, or by sending an email to jeskehan@genesee.edu. Seating is limited and advance reservations are strongly advised. The show is designed for mature audiences only.

​

Business owners on the receiving end of the Genesee CARES Business Recovery Fund grant program say they are thankful and appreciative of the opportunity to achieve their entrepreneurial goals.

The Batavian reached out today to several of the 22 for-profit businesses that will share $875,000 from the initial round of the program, which is supported by a New York State Community Development Block Grant and facilitated by the Genesee County Economic Development Center and The Harrison Studio.

The complete list of recipients was published first by The Batavian yesterday. Another round of funding is possible, according to GCEDC Marketing Director Jim Krencik.

Two business owners and a manager of a third company responded to requests for comments about the program, and what has been and what is to come at their locations.

MARIAN PAUTLER
THE SPA AT ARTEMIS
206 EAST MAIN ST., BATAVIA

The $65,000 grant awarded to The Spa at Artemis will enable the full service spa to keep growing, Pautler said.

“I have quite a big vision for what I want this business to turn into and this is going to help propel us in that direction,” she said.

When she purchased the spa in June 2020, the COVID-19 pandemic had just taken hold and many businesses were forced to close or drastically reduce hours and services.

“They (the previous owners) were considering closing and at the time, I was pregnant and was nervous about finding a new job,” said Pautler, a licensed massage therapist. “I kind of figured if there was ever a time to take a leap like this, that was it.”

Pautler said 2020 was a rough year, mentioning that exposure to the virus forced a two-week shutdown and left her as the only employee available to work (since she was away from the office to give birth).

“After that, we had a partial ceiling collapse, which has been fixed. So, 2020 was really just kind of wild,” she offered. “Since then, we have done a lot of cosmetic updates. And with this grant, we're hoping to replace some existing equipment and really just kind of like elevate the culture of the spa. And we plan to bring on some new staff members.”

Pautler said she doesn’t foresee any problems filling new positions due to “an unmet demand for services.”

SANDY CHAPPIUS
CHAP’S ELBA DINER
5 SOUTH MAIN ST., ELBA

With 18 to 20 employees and even more in the summer, Chappius said she will follow the guidelines of the grant – she received $50,000 – by hiring more people with the goal of expanding the diner’s healthy meals program in conjunction with www.macyparadisefit/meals.

“We have been working with a nutritionist to provide healthy meals, and after starting with 20 or 30 a week, right now we’re up to 300 to 350 a week,” she said. “It’s home-cooked good food that we normally do here, we just portion it and make sure all the micros are correct.”

Chappius said that was one of the criteria she used on her application for the grant – that she would be adding employees to grow the healthy meals venture.

She said she has benefitted both financially and physically, mentioning that she has lost 83 pounds on the nutritional program since November.

Furthermore, Chappius said some of the grant will be used for advertising to increase sales and get the word out to her “loyal customers.”

“We’re very lucky here at the diner because we have a lot of loyal customers that got us through COVID,” she said. “The month that we were closed, we sold hundreds of chicken (barbecue) dinners through the window … and we were so blessed.”

“We’re just so blessed here in this small town. I’m just so glad to have landed here because the customers have been terrific in how they have supported us.”

Chappius also had kind words for Michael Zimmerman of The Harrison Studio, coordinator of the grant program,

“Mr. Zimmerman was just wonderful to work with after I applied, and the application was very clear to read,” she said. “And when I had some questions, I emailed him and he immediately -- the same day -- turned my questions into answers.”

CHRISTINA FETZER
OPERATIONS MANAGER
ALLEGHANY FARM SERVICES, ALABAMA

Finding the best employees is key for Alleghany Services, a leader in the farm drainage industry for more than 30 years.

“For us, training is a huge investment, especially because the drainage work that we do is such a specialty,” Fetzer said. “With the ($60,000) grant, we’re going to use it for new hires.”

She explained that some of the pieces of equipment used by the company can take six months for a new employee to learn how to operate it.

“So, we're going to use all the funds to invest in new operators and get some fresh talent as we grow our number of drainage crews,” Fetzer said. “Hopefully, the grant will come right around the same time when the high schools are letting out. And we've had great luck in the past getting fresh, young talent right out of high school.

“Some of our best hires, we've actually hired right out of high school and they’re going on year five or six now. They started green and they’ve worked their way up in the company since.”

Fetzer said Alleghany’s customers will benefit from the grant as well.

“We’re very excited. Our customers have already seen an increase through COVID. With the price of pipe gong up over 40 percent since the beginning, this will allow us to hire more employees and with that we can keep the costs down for farmers.”

As part of the grassroots effort that opposed the 280-megawatt Excelsior Solar Project in the Town of Byron, Caswell Road resident Gayla Starowitz understandably is disappointed over Wednesday’s approval of the $345 million venture by the New York State Board on Electric Generation Siting and the Environment.

“I’m very disappointed, but I think we knew the answer because money talks,” Starowitz said this morning. “We tried our hardest. I felt that the judges’ statements were pretty much what Excelsior (Energy Center LLC) said at the last meeting and (as a result) we didn't have a chance to beat this money and beat this politics.”

Starowitz was a member of the Byron Association Against Solar organization that presented its arguments to the Siting Board over the past 2 ½ years, contending that the 1,700-acre project would negatively affect future farming and the rural character of the community, and that it was inconsistent with town and Genesee County comprehensive plans.

The Siting Board, at a hearing yesterday in Albany, voted 5-1 in favor of the project.

“I’m going to be looking at solar panels on all three sides of my house, for as far as I can see – and I’m not the only one in town in this situation,” Starowitz said. “Several acres across from my house; that’s all we’ll see, and there’s going to be a battery storage to the south of me.”

She said BAAS was in it to protect the farm land, but she also acknowledged that landowners have the right to lease their property to the solar developer.

“We don’t own the land,” she said. “So, right from the beginning, we understood that and we're not against solar, we're against massive placement in people’s front yards. It could have been put on poorer land and it could have been put way in the back where the houses aren’t going to be affected.”

Starowitz said she was proud of the grassroots effort.

“We gave it our best. The outcome wasn't what we had hoped for, but I'm proud that we took on this fight, well, that's not the right word. We took it on to be vocal and spoke up, but with all the politics, we just couldn’t stop this.”

The Batavian also reached out this morning to Ivison Road resident Jim Lamkin, who served as spokesperson for BAAS.

Byron Town Supervisor Peter Yasses called yesterday’s ruling “just a step in the process,” adding that he expects construction to start later this year.

When asked about the financial benefits to the town (as well as the Byron-Bergen Central School District and Genesee County), Yasses said the host agreement and payment in lieu of taxes settlement will start when construction starts.

The town is in line to receive $24 million over 20 years, beginning with an initial annual payment of $1.066 million and escalating by 2 percent each year.

According to figures provided by the Genesee County Economic Development Center, the solar farm will receive approximately $32.7 million in property and sales tax incentives. It will provide enhanced property tax payments via the 20-year PILOT by contributing $6,500 per megawatt/AC annually plus the 2 percent escalator.

Resulting property tax-type benefits of the project in the Town of Byron, Byron-Bergen Central Schools and Genesee County are estimated at more than $45.2 million.

Concerning the attempt by BAAS to stop, delay or modify the project, Yasses said, “They did the best they could, and I respect their thoughts and their efforts.”

Twenty-two small businesses in Genesee County will be splitting a pool of $875,000 through the first round of the Genesee CARES Business Recovery Fund initiative set up to help for-profit ventures with 25 or fewer employees recover from the COVID-19 pandemic.

The Batavian obtained the list of businesses today in advance of a press release scheduled to go out on Thursday from the Genesee County Economic Development Center. The GCEDC, in conjunction with Michael Zimmerman of The Harrison Studio, is facilitating the program that is bolstered by a Community Development Block Grant of up to $1 million.

“The project applications were considered on a first-come, first-served, so we had a tremendous response in the business community,” said Jim Krencik, GCEDC marketing director. “There was definitely a need -- based on the negative impacts we had from COVID in 2020.

“It was encouraging to see that many businesses did pick up in 2021. But as we look towards 2022 and hopefully a strong overall recovery this summer, helping these business accelerate their plans is a very rewarding experience. Most critically, it’s about the impact it will have on these businesses.”

Awards range from $10,000 to $75,000, and are predicated upon adding full-time equivalent jobs and/or meeting established income guidelines, Krencik said.

“Basically, if you're able to have one FTE (full-time equivalent job), you are eligible for up to $25,000; two, you are eligible for up to $50,000 and three, you are eligible for up to $75,000,” Krencik explained. “But there were also cases where a company had under five employees, and the owners of the company could get up to $25,000 without directly having to add a job because they were supporting a workforce and meeting income guidelines.”

The initial grantees and their awards are as follows:

• First Wave Technology, Batavia, $25,000;
• Sweet Betty’s, Le Roy, $20,000.
• Pro Construction, Bergen, $25,000;
• Red Roof Inn, Batavia, $25,000;
• Terry Hills Restaurant, Batavia, $75,000;
• LaQuinta, Batavia, $25,000;
• Hodgins Engraving, Batavia, $60,000;
• Rivers Performance, Batavia, $10,000;
• Chap’s Elba Diner, Elba, $50,000;
• Craft Cannery, Bergen, $60,000;
• Sikes Enterprises, Batavia, $25,000;
• Caryville Inn, Oakfield, $25,000;
• Center Street Smokehouse, Batavia, $25,000;
• Smokin’ Eagle BBQ, Le Roy, $50,000;
• John’s Service, Batavia, $25,000;
• Alleghany Services, Alabama, $60,000;
• Eden Café, Batavia, $25,000;
• Copperhead Creek Bar, Batavia, $75,000;
• Byron Hotel & Trailhouse, Byron, $50,000;
• Empire Hemp, Batavia, $15,000;
• Fava Brothers Lawn Care, Byron, $60,000;
• The Spa at Artemis, Batavia, $65,000.

Contacted tonight, Genesee County Manager Matt Landers said he is pleased that his office and the Genesee County Chamber of Commerce were able to work with the Genesee Gateway Local Development Corp. (an arm of the GCEDC) to provide capital to these businesses.

“This is a great example of local officials working together to develop a program that delivers resources to local businesses,” Landers said. “Working collaboratively, we were able to identify outside funding, develop a program that qualifies for said funding and implement a program that delivers resources while complying with the various funding rules and regulations.”

Krencik said seven other projects were deemed eligible but came in too late for this round. He said those seven businesses are at the top of the list “for any additional or unexpended funds that would be coming, either from projects that aren’t expending the entirety of their grant or if we are successful in getting additional funding for this program.

“However, we are aware that it'll be very competitive as many communities are pursuing second rounds of funding as well.”

Previously: Genesee CARES officials report that 12 businesses have applied for pandemic-related relief thus far

Press release from the Genesee County Office for the Aging:

The Low Income Household Water Assistance Program (LIHWAP) can help.

LIHWAP is a drinking water and wastewater emergency assistance program funded through new federal resources. Benefits are based on the amount of unpaid water and wastewater bills owed by applicants. This assistance is targeted at low-income households and income guidelines will mirror that of the Home Energy Assistance Program.

LIHWAP benefits are based on the actual amount of drinking water and/or wastewater arrears, up to a maximum of $2,500 per drinking water or wastewater provider, or $5,000 if drinking water and wastewater services are combined, per household. Benefits are paid directly to the household’s drinking water and/or wastewater vendor(s).

Eligibility and benefits are based on:

• income,
• household size,
• household includes a U.S. citizen, U.S. national, or qualified alien, and
• Amount owed to drinking water and/or wastewater provider(s).

Primary applicants must provide:

• Proof of identity
• Proof of residence
• Documentation of earned and unearned income
• A drinking water, wastewater, or combined drinking water and wastewater bill listing their permanent and primary residence
• A valid Social Security Number (SSN) o SSNs of additional household members will be requested

For more information, visit https://otda.ny.gov/LIHWAP

Leslie Harold Michael, Jr., 52, of West Main Street, Le Roy, is charged with unlawful imprisonment 2nd and harassment 2nd. Michael is accused of being involved in a dispute with another person at 2 p.m., March 30, at a location on West Main Street, Le Roy, and preventing the person from leaving the scene and holding the person to the ground.  He was released on an appearance ticket.

Kasondra Lynn Hubbard, 36, of Myrtle Street, Le Roy, is charged with endangering the welfare of a child. Hubbard was charged following a disturbance reported at 8:11 p.m., March 24, at a residence on Myrtle Street, Le Roy. She was ordered to appear in Town of Le Roy Court on April 21 to answer to the charge.

Earl Benson, 33, no address provided, of Byron, is charged with felony DWI, unlicensed driver, no distinctive plate, consumption of alcohol in a motor vehicle, and aggravated unlicensed operation 1st. Benson was stopped at 9:33 p.m., March 25, on Bank Street, Le Roy, by Officer John Ceneviva. He was released on traffic tickets.

John Andrew Sprague, 43, address redacted by Sheriff's Office, Oakfield, is charged with sex offender failure to register. Deputy Alexander Hadsall investigated following a complaint that Sprague failed to register email accounts with the Sex Offender Registry. Sprague was arraigned in Town of Oakfield Court and ordered held in jail. The Probation Department assisted in the investigation.

 

Press release:

Congressman Chris Jacobs (NY-27) joined 96 colleagues in calling on President Biden to reverse his anti-American energy policies and take steps to bring down the cost of fertilizers for farmers.

 

“Most common fertilizers are petroleum-based. With prices skyrocketing and foreign supplies becoming less accessible, it is critical action is taken to bring down fertilizer costs for farmers. Farmers are struggling under increased fuel costs, labor shortages, and inflationary pressures on inputs. If we do not act now, it could spell even higher prices for American consumers,” Jacobs said. “The President could take immediate steps to bring prices down across the board. His policies have been destructive to the U.S. energy industry, and in turn, our farmers. The President must allow for increased U.S. oil and gas production, take steps to allow for easier access to alternative fertilizers, and ensure critical minerals are made part of the Department of Interior’s mission.”

 

Recently, Jacobs also co-sponsored numerous pieces of legislation designed to restore American energy independence and bring fuel costs down for farmers and the American people as a whole. More on that legislation can be found here.

 

“Farming is an industry of incredibly narrow margins – any action the President can take immediately to lower the inflationary pressures facing our farmers, in large part due to his bad policies, must be a priority,” Jacobs said.

 

The full text of the representatives' letter to President Biden can be found here:

 

Dear Mr. President:

 

We are writing to express our serious concern regarding record-high fertilizer prices impacting American farmers going into the spring planting season. Fertilizer is a primary input and major expense for producers across the country, and price increases will have a significant effect on farm profitability and the prices of food and consumer products.

 

Since January 2021, according to the most recent data from the United States Department of Agriculture, the prices of key fertilizer sources have substantially increased as follows: anhydrous ammonia (by 203%); urea (by 141%); liquid nitrogen (by 162%); monoammonium phosphate (by 74%); potash (by 125%); and farm diesel (by 95%). Ongoing supply-chain bottlenecks and the rising cost of energy are among the factors sending fertilizer prices soaring, and disruptions stemming from Russia’s invasion of Ukraine will only compound the problem. As a result, Americans will pay more at restaurants, grocery stores, and elsewhere.

 

We are therefore urging your administration to review all available options to lower the cost of fertilizer, including but not limited to: eliminating the cross-border vaccine mandate for transporters of essential commerce; urging the USDA to use its existing authorities under the food supply chain and pandemic response resources to provide support for farmers facing financial difficulties; ensuring agricultural minerals like phosphate and potash are part of the Department of the Interior’s crucial mission; increasing U.S. gas production; and approving pending export permits at the Department of Energy for liquefied natural gas.

 

Quickly undertaking such measures is the most immediate – and perhaps only – near-term opportunity to partially remedy the high costs of fertilizer hurting American farmers and, ultimately, American consumers. Thank you for your attention to this matter.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) today joined his colleagues for a press conference in which Sen. George Borrello (SD-57), Assemblyman Chris Tague (R,C,I-Schoharie), and Assemblyman Michael Lawler (R,C,I,SAM-Pearl River) announced their lawsuit challenging the constitutionality of a Department of Health regulation establishing isolation and quarantine procedures for those suspected of having a communicable disease. Hawley and those who’ve brought the lawsuit forward assert its implementation through the regulatory process violates the separation of powers.

Regulation 10 NYCRR 2.13 would empower the Department of Health to forcibly isolate and quarantine individuals exposed to communicable diseases, potentially in locations that aren’t their homes. Adopted on Feb. 22, 2022, the New York State Department of Health’s Public Health and Health Planning Council is set to renew the rule on an emergency basis today. Steps have also been taken by the council to make the regulation permanent.

“The role of the Legislature is to protect the public from dangerous policies like this, which would never survive scrutinous debate in the Assembly,” said Hawley. “When a bill containing most of the same measures this rule does was put before the Assembly in years past (A.416, Perry), it had only a single sponsor, so it seems to me the governor is truly trying to subvert our constitutionally-sanctioned legislative process to put this proposal into law. By subverting the Legislature, the governor has silenced the voices of the people they represent, who almost certainly would not wish to grant their government this overreaching authority.”

Press release:

On behalf of New York Green, CC Environment & Planning and LaBella Associates are holding a Public Input Meeting on Tuesday, April 19, to discuss the Draft Genesee County Resiliency Plan. The Draft Resiliency Plan provides an overview of current and future climate trends and impacts in Genesee County; identification of County assets, risks, vulnerabilities, and opportunities; development and prioritization of local resilience strategies; and projects designed for immediate implementation. The Draft Resiliency Plan is available for public review and comment at: COUNTYWIDE RESILIENCY PLAN (ny-green.org).

The Resiliency Plan is being developed in partnership between New York Green and Genesee County, with funding from the NYS Department of State.

The Public Open House will be held on Tuesday, April 19, 2022, at the Innovation Room in the Genesee County Economic Development Center Office, located at 99 MedTech Drive in Batavia. There will be two sessions to facilitate participation. The first session will be held from 2:00 pm – 3:30 pm. The second will be held from 5:30 pm – 7:00 pm. A presentation outlining the Draft Resiliency Plan will be provided, followed by an open discussion.

For more information, contact Sheila Hess at CC Environment & Planning, at (518) 219-4030 or visit COUNTYWIDE RESILIENCY PLAN (ny-green.org).

Press release:

Congressman Chris Jacobs (NY-27) released the following statement after it was announced Social Security field offices would return to in-person services starting April 7^th, 2022. 

“After months and months of limiting services to countless seniors in Western New York and all around the country, Social Security field offices are finally reopening. The delayed return to in-person services was yet another example of this administration’s failure to adequately provide for the American people. Without the successful advocacy of myself and my Republican colleagues, this situation could have continued for much longer. I am proud to have led the charge in Congress to have in-person services restored, and I will always fight for the needs of my constituents.”

Jacobs has called for return to in-person services for months. In October, Jacobs led 50 of his House colleagues in sending a letter to Acting Social Security Administration (SSA) Commissioner Kilolo Kijakazi urging the SSA to work with the AFGE to reopen in-person services as soon as possible. Later, Jacobs introduced the Having Employees Return to Duty (HERD) Act to require government workers to return to work at pre-pandemic staffing levels to provide in-person services for constituents. 

Press release:

The Holland Land Office Museum is proud to announce the next edition of its Java with Joe E. morning presentation group on Thursday, April 28 at 9 am. This month our Director Ryan Duffy will share the local connection of Joseph Burke and "The Swedish Nightingale," Jenny Lind. Burke was a backup musician for Lind when she traveled around the world with P.T. Barnum. Burke had a summer home in Alexander, NY where Lind visited several times. Come and enjoy free coffee and donuts and learn about this interesting piece of local history. The event is free to the public. If you would like to attend, please contact the museum at 585-343-4727 or hollandlandoffice@gmail.com.

The New York State Board on Electric Generation Siting and the Environment minutes ago, by a 5-1 vote, approved construction of the $345 million Excelsior Energy Center 280-megawatt utility scale solar project on 1,700 acres of farmland in the Town of Byron.

The vote capped a three-year effort by Excelsior Energy to develop the solar system under Article 10 of the state’s Public Service Law – and turned aside opposition to the proposal from Byron Association Against Solar, LLC, and the state Department of Agriculture and Markets.

Today’s action, broadcast live on the internet from Albany, came just two days before April 8, 2022 statutory deadline.

Members of the Siting Board panel voted following a 15-minute presentation by the Hon. Gregg C. Sayre, presiding examiner for the Department of Public Service, who found that the arguments forwarded by BAAS were not strong enough to delay, alter or relocate the project.

Votes in favor of the project were cast by Tammy Mitchell, director DPS Office of Electric, Gas and Water; Louis Alexander, representing the Department of Environmental Conservation; Elizabeth Lewis-Michl, director of the Department of Health Division of Environmental Health Assessment; Vincent Ravaschiere, senior vice president at Empire State Development, and John Williams, vice president for Policy and Regulatory Affairs of the New York State Energy Research and Development Authority.

Norman Pawlak, ad hoc member assigned to the project, cast the lone vote against the proposal.

Sayre stated that while the total project area is 3,443 acres, the “limit of disturbance for construction and operation” is 1,712 acres – with 1,629 inside the proposed project fences. He also mentioned that collection lines will be placed underground and a proposed substation and switching yard will connect the grid to a New York Power Authority 345-kilovolt transmission line nearby.

The project also includes a battery storage facility with a 20-megawatt, four-hour duration capacity, he said.

Three of the five parties in the matter – the DPS, Excelsior Energy and the Town of Byron – reached an agreement on details of the project in the fall of 2021, while the Department of Agriculture & Markets and BAAS joined together against it, including the hiring of a law firm to articulate its points to the Siting Board.

Sayre said the opposition’s key points focused on taking away much of Byron’s prime farmland, changing the “character of the community” and noncompliance with the comprehensive plans of Genesee County and the Town of Byron.

The administrative law judged addressed each one, as follows:

Using and Converting Prime Farmland

“The Department of Agriculture and Markets objected to 30 percent of the project being located on prime farmland and objected that a solar energy project constitutes a permanent conversion of farmland to non-agricultural uses. The draft order finds that the argument about permanent conversion of farmland has been considered before by the Siting Board and was rejected in the Hecate Energy Albany case decided in January of 2021,

“In that case, the Siting Board concluded that a commercial solar facility does not result in a permanent loss of farmland. Where, as in both that case, and in this case, the certificate conditions require the land to be fully restored as closely as possible to its prior condition upon decommissioning to the appropriate security for the decommissioning.

“In this case, there is some permanent loss of farmland due to access roads, and other similar construction, but it amounts to only about 31 acres, which is less than 1 percent of the project's area. The draft order also notes that the applicant has agreed to follow the Department of Agriculture & Markets guidelines for solar energy projects, which deal with construction mitigation for agricultural lands.

“The developer also has agreed to hire a health, safety and environmental manager with agricultural qualifications, as well as agreeing to various reporting requirements and coordinating requirements that involve in the future and … Department of Agriculture staff. Although the department is certainly correct, that agriculture agricultural production will be reduced in the footprint of the project for approximately 30 years, the reason behind that loss is that the property owners in question have voluntarily entered into lease agreements with the applicant.”

“BAAS offered two studies to support its position that the project will have a massive negative impact on farming in the Town of Byron. One of the reports was based on a completely erroneous number of affected acres, starting from the proposition that 3,500 acres of agricultural land would be removed from use for the life of the project. The correct acreage is 1,712 -- about half the amount in the study. That report is also deficient in using one year of crop pricing, in its analysis of impacts rather than a longer average given the price fluctuation that actually occurred over the course of several years in the town's top 10 crops.”

Destroying the ‘Small Town Feeling’

“BAAS offered the testimony of witnesses who stated that the visual impact of the project will destroy the small town feeling and tight knit community spirit of the area of the project. However, that testimony does not directly take issue with the significant visual screening measures that the applicant has agreed to take -- a fair number of plantings, the use of existing woodlands and hedgerows and other screening measures.

“The testimony also does not take direct issue with the visual impact analysis offered by the applicant that indicates that there is minimal expected visibility within the affected visual study area, which is the area within a radius of 5 miles around the fence line of a project. Under these circumstances, the draft order concludes that the BAAS testimony is overstated in claiming that the project will destroy the rural community, and finds that visual impacts have been avoided or minimized to the maximum extent practicable.”

Inconsistent with Comprehensive Plans

“The third issue in dispute is based on the testimony of a local resident who was speaking for himself, not for the town or the county, that the project is inconsistent with the town and county comprehensive plans. The resident is absolutely correct in stating that the protection of agricultural lands is listed as a goal and both of those plans.

“But the draft order finds that the argument of the project's inconsistency with these plans fails for three reasons. First, the town comprehensive plan also explicitly supports the development of clean energy resources. So, there is necessarily, as with most land use issues, some balancing required of competing goals.

“Second, the town in 2021 adopted a solar law that allows for some agricultural siting. The town found that the law was consistent with its comprehensive plan. And the county planning board implicitly found that the law was consistent with both the town and county comprehensive plans when it approved the town law. It is also noteworthy that the project disturbs less than 1 percent of the county's prime farmland.

“Third, as I noted, the … witness was speaking for himself. Neither the town or the county chose to file testimony or briefs against the project. The draft order concludes that the project is in fact not inconsistent with the town or county comprehensive plan.

“I should note that the applicant requested a waiver of 10 specific requirements of that town environmental law. The applicant produced evidence that with respect to these requirements, compliance would make it uneconomical to build the project. No party opposed those proposed waivers, and the order grants them.”

CLICK HERE for press release from the Siting Board.

9000 S Lake Road, Pembroke. Click here. Great opportunity for the person who is looking for a chance to have a nice ranch home in the Pembroke School System and with the added benefit of added business opportunity! There is almost 8000 sq ft of warehouse space with loading dock-also an almost 1500 sq. ft., 2 bay truck garage, currently houses a long term tenant so there is instant rental income of $600 plus utilities and a residential ranch home with attached garage and office space that could easily be converted to more living space or in law situation!! Home currently rents at $1350 plus utilities monthly. In total there is 4.1 acres -huge parking area with extra wide driveway for easy access and within minutes of NYS Thruway. Loads of opportunity for the entrepreneur!

1367 Lewiston Road, Alabama. Click here. Large two family home, in need of some TLC but is solid and consistently rented. Each apartment is large with two and three bedrooms decent kitchens, laundry available in both units and has good size yard! Conveniently located minutes from thruway and all major routes for quick commute access. Located next to Alabama Hotel and Holley Farms for great food and tenant convenience!

205 Liberty Street, Batavia. Click here. Awesome City Money Maker and great owner occupant situation! This is truly a property where you can have your mortgage paid for while you build your portfolio! Or just rent all four units and build your equity faster–either way its a step in the right direction!

19 Dellinger Avenue, Batavia. *UPSTAIRS NOW CURRENTLY VACANT AND WILL REMAIN SO FOR EASY SHOWINGS* Lovely double owned by one owner for last 60 years! Well maintained and and consistently occupied. Location is wonderful for tenants that need walking distance to all amenities also there is large parking area so everyone has a place to park without bothering anyone else to move a vehicle! Tear off roof installed in 2009. Owner pays heat and water. Rents are currently priced below market rate
 

A two-vehicle collision is reported at Main and Bank streets in Batavia.

Injuries are a sign-off.

City Fire and Mercy EMS on Scene.

Traffic is blocked.

Press release from the New York State Board on Electric Generation Siting and the Environment:

ALBANY – The New York State Board on Electric Generation Siting and the Environment (Siting Board) will meet on Wednesday, April 6, 2022, at 1:00 P.M. To reduce the potential community spread of COVID-19, members of the public will only be allowed to view and listen to the meeting via webcast.

THE MEETING WILL BE BROADCAST ON THE INTERNET AT: http://www.dps.ny.gov/Webcasts.html.

The Siting Board agenda is as follows: To view documents related to the Siting Board cases below, visit: http://www.dps.ny.gov/New_Search.html

Siting Board Case: 19-F-0299 Application of Excelsior Energy Center, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility in the Town of Byron, Genesee County.

The webcast can be accessed on the Internet at http://www.dps.ny.gov/Webcasts.html. The listening quality of a live webcast can be adversely affected by various factors including, but not limited to, Internet bandwidth limitations, Internet network congestion, and the configurations and settings on a computer used to view the webcast. If you experience problems listening to a live webcast, you may subsequently access an archived copy of the webcast.

Archives are available on the Department Web site two business days after the meeting.

Persons with disabilities who require a sign language interpreter or other special accommodations should call the Department of Public Service's Human Resources Management office at 518-474- 2520. TTD users may call this number through the New York Relay Service at 1-800-662-1220 or have a representative call directly to the office.

All public documents that have been filed or issued before today’s date may be obtained by going to www.dps.ny.gov, clicking on “Search” then searching using the appropriate case number.

Press release:

Eugene Jankowski Jr. of Batavia finished in first place in the Super Senior division and 30th overall in the Tactical division at the 2022 United States Practical Shooting Association Multigun Nationals last weekend in Clinton, S.C.

One hundred thirty-nine competitors from various states navigated 12 challenging courses of fire over three days.

The USPSA (www.uspsa.org) is the largest shooting organization in the nation.

Jankowski, who is sponsored locally by Offhaus Farms and POTF Shooting Range, has captured numerous pistol, rifle and shotgun shooting competition honors over the past several years.