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Major League Baseball Enterprises Inc., a multinational corporation based in New York City, is killing off professional baseball in Batavia.

That's an oversimplification but that is likely the end result.

The New York-Penn League, founded in Batavia in 1939, is breaking apart -- though a smaller independent league may survive -- and since the NY-P owns the Muckdogs, the league in its new form, if it survives at all, won't have the wherewithal to operate a baseball club in Batavia.

Today, MLB announced that its Major League teams have selected their affiliates for the 2021 season and Batavia is not on that list.

Only four NY-P teams are on the list.

Some NY-P teams have chosen to join what will be known as the MLB Draft League. The new league will consist of collegiate players who compete on a limited schedule from May until the All-Star break when the MLB will conduct its annual amateur draft.

For more than a year, MLB and MiLB have been in negotiations over a new operations agreement, with the number of Minor League teams being reduced by at least 40 franchises.  That plan also would have eliminated the Muckdogs as a Major League-affiliated team.

The plan announced today goes a step further by eliminating the MiLB completely. MLB teams will have license agreements (they'll no longer be known as franchises), with each affiliated team and the Minor League system will be operated out of the MLB offices in NYC.

It's unclear if the owners of the 120 teams being offered license agreements will agree to the MLB terms. They just received the proposed contracts today.

Red Wings Gave it Their Best Shot

In 2008, the Genesee County Baseball Club, owner of the Muckdogs at the time, entered into a 10-year operations agreement with Rochester Red Wings. The Red Wings operated the team at a loss for those 10 years but the agreement gave them a 50-percent ownership stake in the team.

In 2018, the NY-P would not allow a new operations agreement and took over ownership of the team with an agreement that would allow the NY-P to recover its operating losses from any eventual sale of the club. The GCBC, a community-owned organization, would receive any money left from the sale that wasn't paid out to the Red Wings or the NY-P.

It is unclear if any of the financial stakeholders in the Muckdogs will be compensated for MLB's apparent unilateral elimination of the team.  

Ben Hayes, commissioner of the NYPL, said he's asked the question directly and hasn't gotten an answer.

Naomi Silver, chief executive officer of the Red Wings, said she also doesn't know whether the Muckdogs owners will be compensated for the loss of the team. 

An attorney who specializes in antitrust and business competition law, Luke Hasskamp, with Bonalaw, based in Los Angeles, said Major League Baseball and Minor League Baseball are both protected by an antitrust exemption that prevents those harmed by MLB's actions from filing an antitrust claim. 

Major League Baseball is a legal monopoly.  

Where to Go from Here?

The legal options for the Muckdogs stakeholders are limited, he said. The last affiliation agreement the Muckdogs had with a Major League team, the Miami Marlins, expired after the unplayed 2020 season, so there may not be a breach-of-contract claim. 

Other legal options don't seem to apply to the Muckdogs, such as claims that the stakeholders made financial commitments and investments based on a promised continued relationship. Since the Muckdogs have been under a cloud of financial hardship -- making them a target for acquisition and relocation -- there are no apparent promises of continued play in Batavia.

The commissioner's office, with its new plan for player development, is not specifically eliminating the Batavia Muckdogs. The lack of an affiliation with a Major League club, however, along with the upheaval in the NY-P caused by the new alignment, makes it impossible to operate the Muckdogs as a professional baseball team, causing its estimated $6 million value to evaporate. 

Asked if the stakeholders could claim the MLB unjustly deprived them of appropriate compensation for making the Muckdogs as a financial asset valueless, Hasskamp compared the idea to eminent domain, but said since MLB is a private organization any such comparison does not legally apply.

"It’s an interesting argument, not one I have thought through much, but it’s challenging, in my opinion, not only because MLB isn’t a public entity because also, as you pointed out, MLB isn’t really taking property," Hasskamp said. "It’s just taking action that will impact the value of others’ businesses. This may be relevant to a party’s damages."

At the end of that email to The Batavian, Kasskamp said, "One other thought: It will be interesting if this stirs any greater interest in Congress to revoke baseball’s antitrust exemption. These contractions are going to impact a number of communities / congressional districts, and more than 100 congressmen noted their displeasure when the contractions were first announced."

Will Schumer Keep Fighting for Batavia?

On a couple of recent visits, we've asked Sen. Charles Schumer, a die-hard baseball fan, if he would pursue legislation to revoke MLB's antitrust exemption. He didn't give a direct answer. He just promised to keep fighting to save teams like the Batavia Muckdogs and Auburn Doubledays.  

This afternoon, we asked a member of his staff for a statement and clarification on Schumer's position on the antitrust exemption and didn't get a response.

Today, in a phone conversation, Hayes offered no hopeful take on the future of the Muckdogs given today's announcement, other than to say there is still much that is unknown about the MLB plan and how Minor League team owners will respond to the license offers.

Silver said the team owners haven't even had a chance to fully review the contracts and discuss the best course of action. She said she's hopeful the Red Wings will be made whole for their losses incurred while operating the Muckdogs.

"We're sad to think there will be no Muckdogs baseball in Batavia," Silver said. "We worked hard for 10 years to try and save the team."

She noted that Batavia is not the only community suffering a loss of a team because of the MLB's decision.

"Batavia is not being singled out," she said.

Tabelski: Games Will be Played at Dwyer

While the prospect of a professional baseball game ever again being played in Batavia seems dim, that doesn't mean there won't be organized baseball played at Dwyer Stadium in the coming years.

Rachael Tabelski, interim city manager, said she has been contacted by representatives from collegiate leagues (often called wooden bat leagues) and semi-pro leagues looking to move into Dwyer. She said the city has yet to respond to those inquiries because there is still a contract in place with the NY-P that gives the league control of what baseball is played in the stadium. Unless and until that contract is resolved, the city can't find a new tenant. 

There will be a tenant in Dwyer again, Tabelski said. 

"As somebody who grew up going to Clippers and Muckdog games, it's very sad to think about losing the team," she said. "I think it's very difficult to look at losing the baseball team we've loved, but there will still be an opportunity for baseball in this town."

And the next team to make Batavia home could very well be called the Muckdogs. The Genesee County Baseball Club has retained the rights to the Muckdogs trademark (it was recently renewed).

Le Roy musician Justin Williams has been spending his free pandemic time writing and recording new material. Here's his latest release, "Back in a Hard Place."

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.16, up 3 cents from one week ago. One year ago, the price was $2.58. The New York State average is $2.25 – up 2 cents from last week. A year ago, the NYS average was $2.68. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.22 (up 3 cents since last week)
• Buffalo -- $2.19 (up 2 cents since last week)
• Ithaca -- $2.24 (up 6 cents since last week)
• Rochester -- $2.24 (up 3 cents since last week)
• Rome -- $2.33 (up 3 cents since last week)
• Syracuse -- $2.19 (up 5 cents since last week)
• Watertown -- $2.30 (up 2 cents since last week)

The national average price for a gallon of gas has inched up 4 cents in the past month, but it is 42 cents lower than last year at this time. Since mid-November, domestic crude prices have steadily increased topping $45 per barrel, contributing to pump prices rising across the country. Crude prices increased amid growing market optimism that vaccines for the coronavirus will be available in coming weeks, but then oil prices stalled as the number of infections surged domestically.

Going forward, low demand will likely limit price gains, with the latest report from the Energy Information Administration (EIA) showing that demand decreased dropped to its lowest reading since early June. Demand typically drops in the winter driving season, so American drivers should expect gas prices to remain lower when compared to last year’s pump prices, moving into 2021.

From GasBuddy:

"With oil's rally to a new COVID-19 high-water mark, gas prices have begun to follow, even as gasoline demand crumbles to some of the lowest levels in months," said Patrick De Haan, head of petroleum analysis for GasBuddy. "Optimism continues to propel oil markets higher, led by positive news on a COVID-19 vaccine, but should anything change timing wise, we could a reversal, but for now it remains full steam ahead with markets focused on the promise of oil and gasoline demand rising, or the best potential outcome of the situation. Should the hype be overblown, a correction could happen in the weeks or months ahead. For now, motorists may see more volatility in oil markets then we've seen in months."

The Elba Betterment Committee hosted the community's Christmas Tree Lighting Celebration on Saturday night along with a socially distanced visit from Santa. The video also includes visits to the Christmas Tree displays in Pavilion and Oakfield.

A two-car accident reported at Oak and Richmond in the City of Batavia.

An officer on scene reports there is no injuries. The northbound lane is blocked. There is debris in the roadway but no apparent fluid leaks.

UPDATE 6:28 p.m.: A fluid leak is now reported.

UPDATE 6:30 p.m.: Engine 11 responding.

Law enforcement is being sent to Broadway Road (not sure if Darien or Alexander) for the report of lights going eastbound.

Maybe from an airplane, the dispatcher reported.

It's unclear if that means the airplane is on the ground or in the air.

UPDATE 8:10 p.m.: Nicole Dorman submitted the photo. The photo was taken on Route 262 in Elba.

UPDATE: The lights were apparently related to a SpaceX launch. 

Statement from Batavia City School District Superintendent Anibal Soler Jr.:

Dear Batavia Blue Devil Families,

As the number of positive COVID-19 cases continue to rise across New York State and specifically in Genesee County ​(8-percent positive test rate -- current highest in New York)​ it brings a number of challenges for the school district.

These challenges include but are not limited to the following:

• Our ongoing ability to staff in-person learning with certified staff members.
• Guidance regarding close contact and quarantining: we continue to have a large number of students and staff members unable to attend in-person learning and work because of the fact that educators/ district staff are not designated as essential employees under current New York State Department of Health guidance, which forces them to quarantine even if they are not showing symptoms.
• Despite the CDC reducing the number of days for quarantining to 7-10 days, the NYSDOH is still requiring a 14-day quarantining window.
• Social gatherings are still occurring outside of school, which bring new positive cases into our school district.
• The influx of parent and family requests that want to move their children from in-person hybrid learning to a 100-percent full virtual model.
• Over this last week our number of total positive cases in our schools increased to 39 and the number of students and staff that have had to quarantine as a result was over 100 between our four school buildings.

  Therefore, ​I have made the difficult decision to move our school district to 100-percent Virtual Remote Learning effective immediately and through the upcoming winter break. I will monitor and reassess this decision and I will provide families an update prior to our return on Monday, Jan. 4th.

  Moving our entire district to 100-percent Virtual Remote Learning will give us the ability to focus primarily on one mode of teaching and learning and allow us to prepare for updated guidance from New York State that prioritizes safe in-person learning for all. Families of children who receive specialized instruction and various mandated therapy will be contacted by the district with options for teletherapy and targeted support. BOCES Career Technical Education students will also attend their program virtually. This does not impact out-of-district placements and students who attend BOCES Alternative Academy and ITP programs. For the majority of our students this equates to the loss of five in-person learning days over the course of the next 12 school days.

• The district will continue to provide daily breakfast and lunch for pick up at Jackson Primary and John Kennedy from 8 a.m. to 12 p.m. during this period.

  It is also important to remind you that if we are to return to any form of in-person learning that we still need parents and guardians to fill out our consent form located here. To date, we only have 483 (24 percent) of in-person learning families who have given consent. Please know that if and when we are designated a color zone, that random testing will be required and only families who give consent will be able to attend in-person learning.

  At a time where we should be focused on celebrating an upcoming winter break and spending time with our families, I know that this decision will impact many of you negatively and that is not my intent. Ultimately, my intent and one of my main responsibilities as your Superintendent, is to always protect the physical and mental health and safety of our students, staff and community.

  If you have any additional questions or concerns please feel free to call your child’s school for support.

  WE are Better Together...WE are Batavia!

  Anibal Soler Jr.
  Superintendent of Schools

Press release:

Congressman Chris Jacobs (NY-27) delivered a floor speech today calling on Democratic House Leadership to immediately consider additional relief for small businesses.

Find a transcription of his speech below:

“I rise in support of extending the successful and bipartisan Paycheck Protection Program by making $138 billion in already appropriated funds available to help more businesses that are experiencing dire and desperate need.

"This week it was reported that almost 30 percent of small businesses in New York have closed for good due to the COVID-19 epidemic, and many more will face the same fate without further aid. $138 billion appropriated to the PPP is just sitting here in Washington, D.C., instead of helping our nation's small businesses.

For months we have asked the Speaker to allow a vote on H.R. 8265, which simply enables the SBA to do another round of grant awards -- getting this $138 billion out on the street before it's too late for many of these hard hit businesses. This legislation is targeted, addresses a dire need across the nation, and requires no additional federal funds.

"I urge the Speaker and her leadership to reconsider this tactic and allow this legislation to come to the floor for a vote. I'm confident it will receive bipartisan support. Thank you very much, I yield back.”

Background: H.R. 8265 – The Paycheck Protection Program Extension Act – would extend the application deadline for the Paycheck Protection Program, allowing for $138 billion in already appropriated funds to be made available to small businesses. The legislation was originally authored by Rep. Steve Chabot (R-OH).

The number of patients visiting UMMC's urgent care clinic at the Jerome Center has more than doubled over the past month due to a greater prevalence of COVID-19 in the community, according to Dr. Andrew Tisser, urgent care medical director.

"We've seen a very large increase in both symptomatic and asymptomatic covid testing and need for medical care in Batavia specifically speaking to the urgent care center," Tisser said this morning during a conference call with local media. "Our volume in the last three or so weeks has increased by about 110 percent."

The number of patients visiting urgent care has done from about 25 per day to 50 or 60 per day, and about 80 percent of the visitors are coming to the client for COVID-related reasons.

There is currently a surge of COVID in the community and there is no way to know if we're at the peak or if the caseload will only get bigger in the coming weeks or months. Either way, Tisser expressed confidence that UMMC and Rochester Reginal Health is ready to adapt to changing circumstances. He believes the urgent care center can handle the coming caseload even if there is an increase in community spread.

That said, the community can help, Tisser said. He encouraged local residents to wear a mask, keep socially distant and follow other CDC guidelines to help control the spread of COVID.

In the spring, healthcare workers were hailed as superheroes and feted with free meals and parades. That attention has faded and people are seemingly paying less attention to guidelines about social gatherings. Tisser acknowledged that there may be a degree of COVID fatigue that may have set it but healthcare workers aren't looking for any special attention.

"We don't want to be seen as heroes," Tisser said. "We want everyone to be socially responsible and know that we're doing our best. So if everyone would please do their best, that would be really helpful. But we are here to help you. We're here to take care of you."

Tesser explained to help people and to keep everybody safe, there are now two ways to access the urgent care clinic. The main lobby for standard urgent care but for people seeking COVID-related service, a doorway with a phone where clients can speak to a nurse who can triage their needs. If it's a test for symptomatic or asymptomatic clients, they are asked to wait in their car where the test can be administered.

People who show up at the clinic are usually there because they're symptomatic and were referred by a primary care physician or they are a known close contact with a COVID-positive person and need to be tested as a result.

Tesser said people who are symptomatic should contact their primary care physician to get guidance on testing and evaluation.

The urgent care clinic only handles mild COVID-19 cases, people with a low-grade fever, a mild cough, other mild symptoms. More serious cases are generally referred to the emergency room.

"We're here to help you, but please try to help us," Tisser said. "The virus is not going away any time soon. We are hopeful with the vaccine coming, but it will take time to get everyone on the vaccine. So everyone needs to keep doing what they're doing to the best of their ability and just be smart and stay safe."

Today, the first time since the pandemic hit Western New York, residents of Genesee County who are not showing symptoms of COVID-19 could get free coronavirus test locally.

The newly available rapid test is important, said Paul Pettit, public health director, because asymptomatic people can spread the disease. Identifying them will help slow the spread.

"The folks in the community that may be positive, that don't know they have it, they may be contributing to some of our higher numbers that we've been seeing over the last month," Pettit said.

In the first hour, 100 people were tested and three tests were positive.

Those three people, Pettit said now know they should isolate themselves and avoid contact that might lead to the disease being passed on to a vulnerable person, perhaps a family member.

"These folks probably would not have gotten tested," Pettit said. "So they would have been out in the community going to hang out with their friends or family, doing different activities and they might not have known they had it so bad. By doing stuff like testing like this, it allows them to be identified and now we can put them under isolation and again, hopefully, reduce those transmissions."

As many as 350 tests were administered today. The final number of positive tests of that 350 has not been released yet.

Pettit said rapid tests for asymptomatic people will be available in Genesee County on Tuesday and Thursday through at least January. The location may not always be at the Emergency Management Office on State Street Road. Future locations, or if it will be moved, has not yet been determined.  

More than 30 people volunteered to help with testing. More may be needed in the future.

Among the advantages of the free rapid test is that people who might want to travel or visit elderly family members in senior facilities were having a hard time getting required tests.  

The testing will also help get a clearer picture of how prevalent the disease is locally.

Getting the tests for Genesee County has been a long and concerted effort by local officials, state and federal representatives.

People who do get tested need to recognize that the test is only a "snapshot in time," Pettit said.

"Literally, if you test today and your negative, that's great," Pettit said. "Go home, go do your thing, continue to practice all the social distancing. But the bottom line doesn't mean you won't be positive tomorrow or the next day or the day after. So really, it's one of those things there really isn't a rhyme or reason necessarily on getting tested. I mean, obviously, we don't want people coming out here every day because we want to make sure we have availability for people that need it also. But a test is a snapshot. It's only good for the time you get tested, just like with anything else."

A silo fire is reported at 5625 Chapell Road, Byron.

A farmworker will meet a chief roadside. It is a conformed silo fire, the dispatcher told a chief.

The location is just east of Transit Road.

Byron, South Byron fire departments dispatched. Town of Batavia's ladder truck along with an engine from Elba requested to the scene.

UPDATE 7:39 a.m.: Batavia can stand down. The silo is about 15 feet in diameter and contains wood chips. The location is apparently a transfer station and not a farm. 

UPDATE 7:48 a.m.: Byron command is all set with the equipment on location.

UPDATE 8:44 a.m.: Assignment back in service.

The WNY National Cemetery, which was dedicated in a ceremony Monday (see video), is now accepting reservations for interments for deceased qualified veterans, according to a spokesman for Veterans Affairs.

Les' A. Melnyk, chief of public affairs and outreach for the VA's National Cemetery Administration, said families and funeral directors who wish to schedule interments can do so by calling the National Cemetery Scheduling Office at (800) 535-1117. 

Interment dates and times are determined on a first-come, first-served basis in accordance with the family’s wishes and available time slots at the cemetery, Melnyk said.

Information regarding who is eligible for interment at a national cemetery can be found here.

Press release:

Genesee County will offer residents, who are asymptomatic (no symptoms, not feeling sick, etc.), with free drive-thru COVID-19 self-administered rapid testing on Thursday, Dec. 3, at the Genesee County Emergency Management Office & Fire Training Facility, at 7690 State Street Road in the Town of Batavia. The free testing will be offered from 1 to 4 p.m.

For anyone with a recent potential exposure to COVID-19, it is not recommended to be tested until at least five days have passed since the exposure. Anyone with any cold or flu-like symptoms, even if mild, will not be eligible for this test, and neither will any others arriving in their car.

Those interested in scheduling a test must register online.

Anyone needing additional help for online registration may contact the Genesee County Health Department at (585) 344-2580, ext. 5555.

“It is very important to note that this testing is not for residents who are experiencing symptoms. Those individuals should be contacting their physician to discuss treatment and testing options,” said Paul A. Pettit, MSL, CPH, Genesee and Orleans County Public Health director. “Given the surge of infections in the county, it’s important that we identify those who are infected that may not be demonstrating any symptoms and in fact are feeling fine.”

At the drive-thru site, a staff member for the testing center will offer guidance for residents to administer their own self-test by using a cotton swab. Each person in a vehicle will self-administer their own test; if there is a minor in the car an adult in the vehicle will be asked to administer the test. People will then drive off and will be contacted via phone with the results, with the option for these results to be emailed as well.

“If a person who is asymptomatic tests positive for the virus, he or she will need to be in isolation for a minimum of 10 days,” Pettit continued. “While this might discourage people from getting tested, we need to work together as a community to reduce the surge, plus someone who is asymptomatic can still infect a loved one who is not.”

Randy Reeves, undersecretary for Memorial Affairs, a division of Veterans Affairs, during a dedication for the new WNY National Cemetery in Pembroke, announced that the cemetery will be ready to receive the remains of veterans with honor and dignity on or before Dec. 18.

Besides Reeves, speakers at the dedication included Sen. Charles Schumer, who spreadheaded the effort to bring a national cemetery to Western New York, Lt. Gov. Kathy Hochul, Rep. Chris Jacobs, and Robert Wilkie, secretary for Veterans Affairs.

NOTE ABOUT THE VIDEO: The VA initially denied access to the dedication to six media outlets, including The Batavian. After some phone calls, we were granted access to the ceremony, which had already started. We missed the first five minutes or more and had no time to set up a microphone at the podium. Thank you to our friends at WBEN in Buffalo for sharing reporter Mike Baggerman's recording of the speeches to sync with our video.

Press release from the Office of Sen. Charles Schumer:

Celebrating a victory over a decade in the making, U.S. Senator Charles E. Schumer today dedicated the Western New York National Cemetery in Pembroke. The senator was joined by Department of Veterans Affairs (VA) officials and Western New York veterans who have been instrumental in the push to create a veteran cemetery in Western New York.

Schumer explained that the establishment of the nation’s newest Veterans’ Cemetery in Western New York is a long-sought and well-deserved opportunity to honor the more than 77,000 veterans and family members in this region who will have a proper military burial at a site close to their homes, families, and communities they served and defended. This Veterans’ Cemetery will be the first and only of its kind in the Buffalo-Rochester area and will save thousands of military families from having to travel more than 100 miles in some cases to what was previously the closest Veterans' Cemetery in Bath.

The senator noted that a four-hour round trip was not often feasible for families of veterans who wanted to visit their loved ones, which is why he and local veterans have worked for over a decade to make a more accessible national cemetery a reality for Western New York.

U.S. Senator Charles Schumer said, “Today at long last, veterans across Western New York will have a fitting resting place and eternal place of honor right here in the very community they dedicated their lives to defend and serve. Dedicating this hallowed ground today answers the call of veterans who organized over a decade ago for a local National Cemetery. I was proud to take up their call and work alongside them to now realize this day. Now a grieving family will not be left to travel over 200 miles from their home to bury or visit their loved ones.

"Now the veterans of Western New York who have done so much for us and our nation will have a proper burial, at a National Cemetery close to their home, family and thankful community. The Western New York National Cemetery is a testament to the thousands of veterans across this region, who through their service and sacrifice in defense of our nation, have earned a place in our nation’s newest national shrine. “ 

Schumer has long fought to make the Western New York National Veterans Cemetery a reality. Beginning in the 2000s and culminating in 2009 Schumer, together with various veterans groups, led the charge to bring a much-needed veterans’ cemetery to Western New York arguing that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it was long past time for the underserved veterans and family members living in Western New York to have a fitting burial option closer to home.

A group of veterans started the process to get a cemetery dedicated for veterans in Western New York in the mid-2000s. The group, organized by Erie County Veteran and Advocate Dr. Patrick Welch gathered over 10,000 signatures that he and other veterans provided to Senator Schumer that called for the establishment of a veterans' cemetery in Western New York. For several years, Schumer worked hard alongside the veteran's community of Western New York to push the U.S. Veterans Affairs Administration to establish a National Veterans Cemetery in WNY.

In 2010, the VA responded and announced it would establish a new veteran’s cemetery in Western New York as there where at least 80,000 veterans that resided at least 75-miles from the National Veterans Cemetery in Bath, which is the closest existing cemetery but still more than 100 miles away from Western New York.

In 2019 Schumer secured an additional $10 million that they VA said it would require to complete the cemetery’s Phase 1 construction. In January of 2018, Schumer called on the VA to complete the final acquisitions of two land parcels of 60-acres and 77-acres, respectively, in Pembroke needed to create the cemetery and one month later announced the VA had done so. In 2016, Schumer announced that following his push $36 million in federal funding for the construction phase of the cemetery in Western New York had been secured and included in the final continuing resolution (CR) package.

Doug Doktor, chairman of the Genesee County Joint Veterans Council, said, “Genesee County’s veteran community is extremely proud to be the host-county for the Western New York National Cemetery. Today we celebrate years of hard work to see this cemetery constructed and thank Senator Schumer who has been with us since the beginning and fought for years to secure the funding to make our Cemetery a reality.  Now local veterans have our fitting final resting place of honor close to home and our families.”   

Jim Neider, OIC of the Joint Veterans Honor Guard of Genesee County and member of the Glenn S. Loomis American Legion Post 332 Batavia, said, “We are deeply grateful to at long last dedicate the new Western New York National Cemetery and to know that local veterans and their family members will have an eternal home of honor right here in Genesee County. And we are thankful for partners like Senator Schumer who heard our call and stood with us at every turn to see that this day would come. As the home of our Nation’s newest National Cemetery we are gratified to host the cemetery and honor the thousands of Western New York veterans for their service and sacrifice to our nation.” 

The Military Officers Association of America Western New York Chapter representative said, “The Western New York Chapter of the Military Officers Association of America is gratified that Western New York veterans and their families will now have a final resting place that is both accessible and appropriate. Senator Schumer has been a steadfast advocate for this project. Now after many tumultuous years, we are able to eternally honor the countless men and women across our region who dedicated their lives in military service to our nation."

Patrick W. Welch, Ph.D., Marine Corps (Ret) and Western New York Veterans Advocate, said, “Today marks an historic and momentous day for Western New York veterans, their families, and our entire community. It was 16 years ago that the late Lou Palma invited me and a small coalition of Western New York veterans to begin calling upon Federal leaders to build a National Cemetery in our community. Our advocacy captured the attention of U.S. Senator Charles E. Schumer who, along with his staff, worked with us for about three years to inform our efforts and strengthen our cause.

"By late 2008, our coalition had grown and we presented Senator Schumer with a petition signed by over 10,000 Western New Yorkers who supported our noble cause.  Since then, Senator Schumer has been the driving force behind the Western New York National Cemetery in the halls of Congress. Together, we worked hand-in-hand to bring Western New York National Cemetery into reality, and today we celebrate its dedication.”

Nicholas Stefanovic, director of the Monroe County Veteran Services Agency, said, “We’re glad join with veterans throughout Western New York to mark the dedication of the new National Cemetery. Now and for many decades to come we will have a fitting hallowed ground, close to our homes and our families, to honor our veterans for their service to our nation. We appreciate Senator Schumer’s long support of the veterans’ community to see this new National Cemetery now established in Western New York.”  

Laura Stradley, executive director of the Veterans Outreach Center in Rochester, said, “The new National Cemetery is vital to serve Western New York’s veterans and their families from Rochester to Buffalo and beyond. We appreciate Senator Schumer’s work through the years to bring this cemetery to fruition and ensure veterans will have the fitting resting place they deserve and earned through their honorable service to our nation.”  

A complete list of Schumer’s actions to secure a national cemetery in Western New York appears below:

• In December 2019, Schumer secured the additional $10 million that the VA said it would need to complete the cemetery’s full phase 1 buildout;
• In August 2019, Schumer announced the start of construction would begin so that the cemetery would be ready to accommodate first burials by the end of 2020;
• In February 2018, Schumer announced that the VA had completed the final acquisitions of two parcels of land (60-acres and 77-acre) in Pembroke needed in order to begin construction of the new Western New York National Veterans Cemetery;
• In February 2016, Schumer announced that the just-released President’s Budget for Fiscal Year 2017 included $36 million in funding for the construction phase of the newest National Veterans’ Cemetery in Pembroke;
• In December 2015, Schumer launched his push to secure federal funding for the construction phase of the cemetery;
• In July 2014, Schumer called on the VA to move forward on plans to acquire the adjoining 60-acre parcel that abuts the current 132-acre site. This would immediately make the cemetery nearly 50-percent larger to allow for decades more of use, increase future capacity, and enable the cemetery entrance to be built off of Indian Falls Road instead of the heavily trafficked State Route 77 to provide better access to the cemetery for veterans’ funeral processions and visitors;
• In May 2014, Schumer announced that the VA had selected a site for the long-awaited Western New York Veterans’ Cemetery on a 132-acre parcel at 1232 Indian Falls Road in the Town of Pembroke, Genesee County;
• In May 2014, Schumer announced that the results of the archeological cultural-resource study determined a finding of “no significant impacts,” thus allowing the VA to move forward on the purchase of the preferred site on Indiana Falls Road later that month;
• In Sept 2013, Schumer wrote to the New York State Office of Parks, Recreation and Historic Preservation (SHPO) to urge the agency to complete an archeological cultural-resource study required in order for the VA to complete the required approvals needed to close on the purchase of the preferred Indian Falls Road site in Pembroke;
• In April 2013, Schumer organized a meeting at Daemen College with local veterans and VA officials to update Veterans on the VA’s timeline and in order for veterans to provide input to the VA;
• In March 2012, after the VA failed to find suitable land to purchase following two separate solicitation attempts, Schumer wrote to then-VA Secretary Shinseki to urge that the VA put forth a clear timeline and path forward to avoid another protracted process that could come up empty. In response, the VA dispatched personnel to Western New York to conduct site visits at several sites in WNY, issued a final solicitation for sites, and developed several candidate sites for evaluation, of which one was the 132-acre site in Pembroke that the VA subsequently acquired;

Beginning in the 2000s and culminating in 2009 Schumer, together with various veterans groups, led the charge to bring a much-needed veterans’ cemetery to Western New York arguing that a lack of a national veterans’ cemetery within a 75-mile radius of Buffalo and Rochester meant that it was long past time for the underserved veterans and family members living in Western New York to have a fitting burial option closer to home. 

A group of veterans started the process to get a cemetery dedicated for veterans in Western New York in the mid-2000s. The group, organized by Erie County Veteran and Advocate Dr. Patrick Welch gathered more than 10,000 signatures that he and other veterans collected to Senator Schumer that called for the establishment of a veteran’s cemetery in Western New York.

For several years, Schumer worked hard alongside the veterans' community of Western New York to push the U.S. Veterans Affairs Administration to establish a National Veterans Cemetery in WNY. In 2010, the VA responded and announced it would establish a new veteran’s cemetery in Western New York as there where at least 80,000 veterans that resided at least 75-miles from the National Veterans Cemetery in Bath, which is the closest existing cemetery but still more than 100 miles away from Western New York.   

The total 269-acre site on Indian Falls Road in Pembroke is located approximately 30 miles from Buffalo and 48 miles from Rochester. The cemetery will provide a fitting burial option to approximately 77,100 currently underserved veterans and family members living in Western New York. Veterans with a qualifying discharge, their spouses, and eligible dependent children may be buried in a VA national cemetery.

Also eligible are military personnel who die on active duty, their spouses and eligible dependents. Burial benefits available for all eligible veterans, regardless of whether they are buried in a national cemetery or a private cemetery, include a burial flag, a Presidential Memorial Certificate, and a government headstone or marker.

More than 1,000 customers of National Grid are without power in the Byron, South Byron, and Bergen areas.

Power went out at about 4 p.m.

It's the only significant power outage in Genesee County but there are also three large outages reported just to the east in Monroe and Livingston counties.

We don't have information on what may have caused the outages.

National Grid estimates completing reports in Genesee County by 6 p.m.

UPDATE 4:34 p.m.: As soon as this was posted, the National Grid site shows that power has been restored to this area.

Matt Walther and Casey Mehlenbacker planned to open Beyond Driven Fitness in Le Roy just as the pandemic hit and then they were shut down for six months. They've carried on even through COVID-19 protocols.

Ashley Mooney checks out some jewelry while at Valle Jewelers in Batavia during the annual post-Thanksgiving "Shop Local Saturday." Carrie Lawrence, foreground, and Stephen Valle are co-owners of Valle Jewelers. 

Santa's recommendation for Christmas 2020: Fulfill your gift list at locally owned businesses, the backbone of our community.

Don Brown, co-owner of Batavia Bootery in Batavia, shows off a sneaker to Ohlson, Gunner and Marrick.

Robin Czwojbak with John Roche, owner of Adam Miller Toy and Bicycle in Batavia.

Chris Crocker, owner of The YNGodess Shop, with customer Paul Boylan.

A motorcyclist is reportedly down in the roadway and not alert at the intersection of Route 77 and Sumner Road, Darien.

Darien Fire and Mercy EMS responding.

UPDATE 5:51 p.m.: Mercy Flight on ground standby. The patient is talking but medics still evaluating.

UPDATE 5:56 p.m.: Mercy Flight dispatched. The landing zone will be at the Darien Fire Hall. The patient is incoherent. 

UPDATE 6:07 p.m.: A medic is released from the scene to respond to a nearby medical call.

UPDATE 6:37 p.m.: Mercy Flight is airborne with the patient, heading to ECMC.