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Genesee County Legislators were in for a bit of sticker shock tonight when they considered contracts for pavement markings over the next year.

Legislature Chair Rochelle Stein, noticing that monetary amounts and contractors’ names weren’t included in the original resolution, called for an amendment – prompting Highway Superintendent Tim Hens to provide additional details at the board’s meeting at the Old County Courthouse.

Hens said the 2022-23 price, effective June 1, represents a 25 percent increase from the previous cost, rising from $308 per mile to $388 per mile.

The resolution was amended to include that the county will be contracting with Seneca Pavement Marking of Horseheads for the bulk of the work and with Accent Stripe of Orchard Park for a smaller amount of epoxy pavement markings.

Stein remarked that as she read the resolution, she was taken back by large increase in price.

“The budget impact was a bit striking where the pavement markings are scheduled to rise at a negotiated 25 percent increase,” she said.

Hens advised that his options were to renew the contract at the negotiated price with Seneca Pavement “or putting it back out to bid.”

It all came down to rising oil costs, he said.

“We opted to negotiate with the vendor because price of paint, which is tied quite directly to oil prices that shot up just as gas has at the pump,” he said. “We actually got the 25 percent increase in pricing … back in February prior to the most recent shock in price.”

Hens recommended that lawmakers go with the current deal because “I'm afraid if we put it out to bid, I think our price would go up at least 50 percent or more just based on what we've seen in the last month and a half or two months.”

He said Seneca Pavement held the line on specialized markings – turn arrows, lettering, railroad crossing and hash markings such as the ones at Genesee Community College – at the 2021 level.

“Accent Stripe did hold their prices at the ‘20-21 pricing but again we don't really use that contract very much and for them to eat a little bit of cost probably isn't a big deal,” Hens added. “The main contract with Seneca Pavement Marking, I feel, is still a good value to the county.”

After Legislature Clerk Lisa Casey read the amended proclamation, legislators voted in favor of the contracts.

On another front, Stein reminded legislators that they will be meeting at 4:30 p.m. March 30 for a Committee of the Whole session to award bids for the construction of the new Genesee County Jail on West Main Street Road.

"Thank you for the opportunity to represent the women in our workforce and in our community, where each are making history."

With that brief but important statement, Genesee County Assistant Manager Tammi Ferringer (middle in photo), along with Vicky Muckle, executive assistant to the county manager, accepted a National Women's History Month proclamation from County Legislature Chair Rochelle Stein at today's legislature meeting at the Old County Courthouse.

The proclamation reads as follows:

WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways, and

WHEREAS, American women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home, and

WHEREAS, American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation, and

WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation, and

WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major social change movement, and

WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and especially the peace movement, which creates a fairer and just society for all. Now, therefore, be it

RESOLVED, that the Genesee County Legislature fully embraces National Women’s History Month.  The Genesee County Legislature recognizes the value women bring to leadership in the community.  Evidence of this value shines through the staff, management, administration and local elected leaders. Be it further

RESOLVED, that there are continuous contributions made by the women of Genesee County.  They capture the spirit of women’s determination and clear, forward thinking by demonstrating creativity, courage and forging career paths for women of all levels of society. Therefore, be it further

RESOLVED, Genesee County Legislature proclaims that March is designated as “Women’s History Month. A month to take notice and appreciate the hard work women have done, and the continued work ahead for women in all societies.                                                                            

Depending upon who you talk to, Gov. Kathy Hochul’s 10-point plan to revise New York’s bail reform statute is either a good first step toward granting judges more discretion in determining whether or not to impose bail for serious crimes or it’s simply a politically expedient move by someone looking to win an election in November.

In recent days, Hochul presented a comprehensive list of changes to the no-cash bail law, including, for the most serious felonies, allowing bail determinations to be informed by factors such as criminal history and history of firearm use and possession; making repeat offenses subject to arrest and posting of bail, and making some gun-related and hate crime offenses subject to arrest and incarceration (and not appearance tickets).

The proposal also is being made following the release of a Siena College poll indicating that two-thirds of New York voters are in favor of strengthening the no-cash bail law and giving judges the power to consider a defendant’s prior arrest record.

The Batavian reached out today to Genesee County attorneys and law enforcement personnel for their “takes” on the governor’s stance.

Genesee County District Attorney Kevin Finnell says he hasn’t read the details of all of Hochul’s points, but for the primary one – allowing judges to consider additional information – he believes that is appropriate.

“That’s what the judges were able to do pre-bail reform,” he said. “And I think giving them that latitude and authority is good because they're the ones that see these people, they evaluate them on a case by case basis, and the judges do a good job in deciding who's a flight risk and who isn't. So, having that back in the judges’ hands is a good thing.”

Finnell said he also agrees with judges having the ability to set bail on repeat offenders.

“Again, using the same criteria, assuming that they can, allow the judges to do what they've always done in evaluating the case -- the person and the likelihood that they'll return rather than just going to the least restrictive form automatically,” he said.

“That may be appropriate in a lot of cases and the judges will be able to still release people to under supervision or ROR (released on your own recognizance) when the case is appropriate. But giving them the extra tool -- the extra ability to set bail when appropriate -- I think is always a good thing.”

Genesee County Public Defender Jerry Ader sees Hochul’s plan much differently, stating that politics are playing a key role.

“I had hoped that the governor would have maintained her long standing position that any possible changes to the law as it related to bail would only be driven by data, not politics, and that gathering such data would take time,” he said. “Unfortunately, I am not shocked or surprised that political pressure has resulted in this new ‘re-election’10-point plan.  Maintaining power is powerful force.”

Ader pointed to The Brennan Center for Justice report, released yesterday, that “there is no clear connection between recent crime increases and the bail reform law enacted in 2019, and the data does not support further revisions to the legislation” (https://www.brennancenter.org/our-work/research-reports/facts-bail-reform-and-crime-rates-new-york-state).

“In our county, the bail laws presently in effect are working.  Money is no longer the driving factor as to whether someone charged with a crime is in jail.  Most people charged with violent felony offenses and many non-violent offenses can have bail set, if the court determines it to be necessary to insure the person appears,” he said. “If someone has been released, he can be remanded if he persistently fails to appear in court or is re-arrested for a felony.  There is no evidence that our county is any less safe.”

Ader acknowledged that gun violence is increasing, and he has “no problem with enacting new legislation or the state providing additional funding to help remove illegal weapons from our community. “

Calling Hochul’s plan “a step in the right direction,” Genesee County Sheriff William Sheron said that tougher gun laws are not the answer when dealing with the criminal element.

“I firmly believe that they can pass all these gun laws that they want, but the prime definition of “criminal” means criminals do not follow laws,” he said. “So, you can pass all the gun control regulations you want, but those with criminal intent are not going to follow those laws. The ones that are really going to be affected are the law abiding citizens.”

Sheron said laws with more teeth need to be passed.

“We have got to have more of a deterrence out there,” he said. “If people possess illegal firearms, or use a firearm illegally, they’re going to suffer severe consequences and that is going to send the message to other people.”

The sheriff also said he’s on board with giving judges more discretion in the bail process to prevent instances of repeat offenses, something that he says have been on the rise and are endangering the public.

“One that comes to mind is where the individual was stealing motor vehicles from around the area,” he said. “We would catch them with one, and he’d go before a judge and get released. It wasn’t a bailable offense and he’d steal another car. It was just a vicious circle. I forget the total number of vehicles he stole, but he knew there was no chance he was going to jail, so it was a big game to him.”

Sheron said society has gotten away from the “standards of accountability.”

“People make mistakes, I get that, but there has to be a deterrence. Even with kids in school. They see there are no consequences to their misbehavior or their improper actions, and that leads to more improper actions.”

Batavia City Police Chief Shawn Heubusch said he hopes “changes are meaningful and will address crime in our area.”

He said he stands with the New York State Association of Chiefs of Police, which issued a statement today contending that the state’s effort to correct “historic inequalities in the criminal justice system” … “tipped the balance so far in favor of the accused that public safety has been jeopardized.”

The statement continues, “We believe that it is possible to create a system in which the rights of the accused are respected while the rights of victims and the public are also respected. Public safety must be a priority. We look forward to working with Governor Hochul and the legislature to identify the proper path forward.”

Heubusch said that “one size fits all packages coming out of Albany do not work in every jurisdiction and do not address the impacts to our neighborhoods and communities.”

“We are hopeful that meaningful change will be implemented to aid us in protecting our citizens.”

Finnell said local justices are qualified to make proper judgments, as long as they are given the power to do so.

“I also think recognizing that not everybody should go to jail is important, too,” he said. “That's the other side of the coin. The purpose of bail is and always has been to ensure that somebody will appear for when required in in County Court. But we've seen that fail in many ways since bail reform.”

Ader stated that he agrees with the governor on her call for increased funding for pretrial, diversion, and employment programs and for mental health treatment.

“It would also help our community immensely if the non-monetary release option of electronic monitoring could be implemented in our county.  It is an option under the present law but has never been used in our county,” he said.

Overall, he thinks Hochul’s 10-point plan is a “knee-jerk political reaction” that moves the state back to a more subjective and repressive system of bail.

“It may make some people feel better, but that’s not the reason for legislation,” he said. “Laws and changes to them need to be driven by data and facts, not emotion.”

The 10-point plan, per a published report in the New York Post, includes:

• For the most serious felonies, allow bail determinations to be informed by factors including criminal history and history of firearm use and possession. Judges will be allowed to set bail not based solely on the “least restrictive” conditions deemed necessary to ensure a return to court. The statute will set forth specific criteria on which judges will base their determinations, including criminal history and history of firearm use/possession.
• Make repeat offenses subject to arrest and bail-eligible
• Make certain gun-related offenses, hate crimes offenses, and subway crime offenses subject to arrest and not [desk appearance tickets]. Certain offenses which presently are subject to desk appearance tickets will be made only eligible for arrest.
• Make certain gun-related offenses bail-eligible.
• Make it easier to prosecute gun trafficking.
• Targeted reforms of the discovery statute.
• Targeted reforms of the “Raise the Age” statute.
• Increase funding for pretrial, diversion, and employment programs: Hochul’s budget already includes $83.4 million for pretrial services, but the governor would increase that amount — although the memo did not say by how much. It would also distribute the nearly $500 million appropriated for “Raise the Age” implementation that has not yet been spent.
• Expand involuntary commitment and Kendra’s Law.
• Increase funding for mental health treatment.

Press release:

In cases that were decided on Friday, March 18, the regional appellate court affirmed three felony convictions prosecuted by the Genesee County District Attorney’s Office.

• Michael B. Collier’s conviction for attempted assault in the second degree was affirmed. He was convicted in 2019 of fighting with an inmate of the Genesee County Jail while both men were incarcerated there. The incident was caught on surveillance video. The Appellate Division, Fourth Department, noted “the evidence of guilt is overwhelming.” To read the full decision, click here (pdf).
• Iszon C. Richardson’s sentence was affirmed; he was convicted of burglary in the second degree in 2019 and was sentenced to five years in state prison. While pending sentencing on a previous felony charge, Richardson committed burglary and criminal contempt for being in the home of, and fighting with, the same protected party as in the prior conviction. To read the full decision, click here (pdf).
• Anthony Spencer, Jr., was convicted of gang assault in the first degree and assault in the first degree, and in 2018 was sentenced to 15 years in state prison. A witness testified at trial that Spencer, along with up to nine others, attacked the victim with a cooking pan. Batavia Police Officer Arick Perkins received the Life-Saver Award for applying a tourniquet to the victim. On appeal, Spencer argued that, among other things, his trial attorney was ineffective for allowing the jury to hear about Spencer’s nickname, “Trouble.” He also argued that the jury should have been told that Spencer could have been justified in his attack of the victim. The Appellate Division, Fourth Department, rejected Spencer’s claims of ineffective assistance of counsel and determined that “Contrary to defendant’s further contention, County Court properly denied his request for a justification instruction.” To read the full decision, click here (pdf).

The Legal Aid Bureau of Buffalo, Inc., represented all three defendants on appeal. Assistant District Attorney Robert J. Shoemaker represented the People of the State of New York on appeal in all three matters.

Michael Alan Jones, 24, of Welford Road, Charlotte, N.C., is charged with criminal possession of an assault weapon 3rd, criminal possession of a weapon 3rd (ammunition feeding device), unsafe turn, number plate violation, driving an unregistered vehicle on a highway. During a traffic stop at 4:36 p.m., March 19, on School Road, Le Roy, by Deputy Kenneth Quackenbush, Jones was allegedly found in possession of an AR-15 rifle. He was arraigned in Town of Le Roy Court. He is scheduled to appear again on April 21.  Deputy Nicholas Charmoun assisted in the investigation.

Krystle Denise Sanders, 37, of East Avenue, Batavia, is charged with petit larceny.  Sanders is accused of shoplifting from Walmart at 10:43 a.m., March 18.  She was released on an appearance ticket.

Katherine Frances Foels, 36, of Elm Street, Attica, is charged with petit larceny. Foels is accused of shoplifting from a store on Veterans Memorial Drive in Batavia. The name and address of the store were withheld from the press release. Foels was released on an appearance ticket.

Adam Eugene Bortle, 38, of Lackawanna Street, Wayland, is charged with promoting prison contraband and three counts of criminal possession of a controlled substance. Bortle was transported to the Genesee County Jail after being arrested on a warrant. He reportedly denied possessing any narcotics or other contraband.  He was allegedly found in possession of controlled substances during a search.  He was held until arraignment at a later date.

Ryan Thomas O'Connor, 37, of Center Street, East Aurora, is charged with DWI, driving left of pavement markings, and moving from lane unsafely.  O'Connor was stopped on Route 77 in Pembroke at 10:59 p.m., March 19, by Deputy Trevor Sherwood. He was issued an appearance ticket.

Anthony Daniel Micucci, 27, of Darien Alexander Townline Road, Alexander, is charged with escape 2nd.  Micucci was reportedly arrested on a warrant and while entering Town of Pembroke Court at 3:45 p.m, March 12, Micucci allegedly escaped from custody by running from law enforcement. He was taken into custody by Deputy Kevin McCarthy after a foot pursuit. He is also charged with three counts of criminal contempt 1st for allegedly violating an order of protection by calling the protected party in a complete stay-away order.  He was issued an appearance ticket.

David Michael Martin, 61, of West 6th Avenue, San Manuel, Arizona, is charged with bail jumping second.  Martin was arrested in Arizona and extradited to New York after allegedly failing to appear in Genesee County Court on a grand larceny 3rd charge.  He was arraigned in County Court and ordered held on $5,000 bail.

Sean G. Johnston, no age or residence provided, is charged with assault 3rd. Johnston was charged following an investigation by Le Roy PD into a disturbance at an apartment building in the Village of Le Roy.  No date or time for the disturbance provided. Johnson was issued an appearance ticket.

Cyle Hindle, no age or residence provided, is charged with felony DWI, aggravated unlicensed operation 1st, and driving with unsafe tires. Hindle was stopped by Le Roy PD at a time and date and location not specified in the release. He was issued an appearance ticket.

Brian M. Raphael, 33, of Batavia, is c charged with petit larceny. Raphael is accused of taking a package delivered by Amazon from the porch of a residence on Summit Street on March 11 at 12:01 p.m. Raphael was allegedly found with the package by Batavia PD after the resident was notified by Amazon that the package had been delivered.  He was issued an appearance ticket.

Brooke M. Davis, 29, of Medina, was arrested on a warrant. Davis is accused of failing to appear for a court appearance in the Town of Batavia. Davis was arraigned in Town of Batavia Court and released on her own recognizance.

Leroy M. Stafford, 41, of Basom, is charged with felony DWI, aggravated unlicensed operation 1st, and driving without an interlock device. Stafford was stopped by State Police at 8:54 p.m., March 20, in the City of Niagara Falls. He was released on an appearance ticket.

Steven A. Wasielewski, 38, of Pembroke, is charged with criminal obstruction of breathing. Wasielewski was arrested by State Police in connection with an incident reported at 12:21 p.m., March 20, in the Town of Pembroke. He was released on an appearance ticket. No further information released.

Press release:

On Tuesday, March 22, 2022, the Le Roy Board of Education unanimously approved Dr. David Russell as the new Jr/Sr High School Principal. Dr. Russell will start officially on Monday, April 25, 2022.

Dr. Russell is currently the assistant principal at the Cosgrove (Spencerport) Middle School, a position he has held since 2019. Previously he was the principal of the Western Wayne Summer Academy, a Wayne-Finger Lakes BOCES program. Dr. Russell was also a special education teacher at Sodus Central School District and the True North Rochester Preparatory Charter School.

“We are very excited to bring Dr. Russell’s energy and passion to collaborate with our students, teachers, and parents,” said Merritt Holly, Superintendent of Schools. “He is a strong instructional leader who has consistently made positive connections with all stakeholders in his previous experiences. We look forward to Dr. Russell’s leadership as we continue to follow our vision to cultivate a world-class community of learners who exceed core local, state, national, and international standards.”

The mission of the Le Roy Central School District is to provide an exceptional, high-quality educational environment where all learners are empowered to succeed.

Dr. Russell earned a Bachelor of Arts, History, Adolescent Education from SUNY Geneseo, a Master of Education from Roberts Wesleyan College, and a Doctor of Education from the University of Rochester. Along with his special education certification, Dr. Russell also holds New York State certifications as a School Building and School District Leader.

The district posted the position on February 2, 2022, and 17 candidates applied. First-round interviews with four applicants were held on Friday, March 11, 2022. A 15-member committee consisting of students, teachers, parents, administration, and board members narrowed the field to two finalists. Second-round interviews with the administrative team took place on Thursday, March 17, 2022. A final interview with the superintendent was conducted on Friday, March 18, 2022.

Dr. Russell takes over for Mr. Tim McArdle, who left on Friday, February 4, 2022, to take an assistant principal position at Caledonia-Mumford Central School District. The district would like to sincerely thank Mrs. Beth Patton, who has been interim principal since Monday, February 7, 2022. 

Press release:

Each year, ExxonMobil offers more than $2M of grant funding to its distributors to support local schools in their marketing area. 

ExxonMobil has awarded John Kennedy Intermediate a $500 Educational Alliance Math & Science Grant under this program.

Reid Petroleum, a local distributor for ExxonMobil, has also matched the $500 donation, bringing the total grant amount to $1K.

The grant is authorized for use in a number of ways, including films, speakers, or field trips to science centers; Student volunteer programs; Scholarships or awards to encourage academic or leadership excellence in math or science; Science fairs, parent/student events; Educational tools, such as computers, math or science books, calculators, software geared toward math or science.

Since 2000, ExxonMobil has donated close to $1.25B in grants for the Educational Alliance program. 

CEO of Reid Petroleum, Paul Reid, shares a vision of education and community involvement and has been involved with the program for close to 15 years, expanding it to include more schools in the past few years under the leadership of Meredith Reid Harris.

This is the second year John Kennedy Intermediate has received a grant from Reid Petroleum/Crosby's.

Submitted Photo: Superintendent Jason Smith, John Kennedy Intermediate Principal Brian Sutton, Pam Kilgore, Team Leader at Crosby’s Batavia, Mike McCarthy, VP of Sales and Marketing, Reid Petroleum, Jack McCarthy, John Kennedy Intermediate Student, John Kennedy Intermediate Assistant Principal Heather McCarthy. 

Press release:

Spring is here, which means more people and dogs will be on the street — increasing the chances of dog attacks on postal carriers.

To ensure the safety of our delivery personnel, the Postal Service is asking Buffalo dog owners to keep their animals secured when deliveries are being made. For local Postal Service officials and mail carriers, one bite is one too many and new tools continue to be unleashed that can help reduce dog attacks in the area.  

The Postal Service offers the following safety tips for dog owners:

• When a carrier delivers mail or packages to your front door, place your dog in a separate room and close that door before opening the front door. Dogs have been known to burst through screen doors or plate-glass windows to attack visitors.
• Parents should remind children and other family members not to take mail directly from carriers in the presence of the family pet. The dog may view the carrier handing mail to a family member as a threatening gesture.
• If a carrier feels threatened by a dog, or if a dog is loose or unleashed, the owner may be asked to pick up mail at a Post Office or other facility until the carrier is assured the pet has been restrained. If the dog is roaming the neighborhood, the pet owner’s neighbors also may be asked to pick up their mail at the area’s Post Office.

The Postal Service has a short video on dog bite prevention available on its YouTube site, USPS TV.

The Postal Service generally receives no tax dollars for operating expenses and relies on the sale of postage, products, and services to fund its operations.

Photo by Howard Owens: Taken four or five years ago of Rocky and a postal warning card accidentally left by a substitute carrier in the mailbox of an Owens residence neighbor warning carriers about Rocky.  It reads, "If second door is open Don't Deliver" and "2 dogs, 1 crazy."  ("Crazy is underlined three times.)  Rocky was crazy but he wasn't vicious, though he did get a charge out of barking at mail carriers wherever he might see them. Rocky passed away on July 31.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined his Assembly Minority colleagues in calling for the passage of legislation (A.9095) that would amend the state Constitution to reserve the right to vote in state elections to American citizens. 

Their push to pass the legislation comes in response to the passage of a policy by the New York City Council that allows non-citizens to vote in the city’s elections. Concerned that similar efforts could be undertaken in the future by progressive, activist lawmakers to implement such a policy at the state level, Hawley and his colleagues aim to bolster election integrity by passing this bill.

“The places we live, how we provide for ourselves and our families, and the laws we live by are molded by the elections that determine our representatives in government,” said Hawley. “Allowing people who are here illegally to have a say in our laws places criminals before law-abiding citizens. More than that, it will make it even more difficult to ensure the integrity of our elections, jeopardizing the faith people have in state government itself.”

Not only has interim director Shannon Maute been hired for the full-time permanent position of Batavia’s Business Improvement District, but she also plans to hit the ground running with a new event this year.

Get ready for a strolling accordion player, sweet and savory Mediterranean cuisine and lots of fun, Maute says.

“We’re looking at mid to late summer; it will be an outdoor event with a ‘Welcome to Italy’ sign, lights strung along the streets, and vendors at stands on the side of the road,” she said to The Batavian Tuesday. “So you’ll feel like you’re in New York City for an Italian fest … with pasta and meatballs, pastries, cannolis … and I see kids doing three-legged races and sack races in the parking lot, playing the games that we used to play as kids. I’m just looking to go back to a time when the community and families did everything together.”

Maute was appointed as interim director on Dec. 14, 2021, to fill the spot left vacant by former Director Beth Kemp. She was approved Tuesday during a BID board meeting. Board members and Maute opted to give the interim position a trial run before making it official.  

"It just happened," Maute said. “We both took our time, and we were both happy and so we went for it."

She also presented her vision of an Italian fest to replace the former BID Summer in the City event. It was an idea she came up with a few years ago, before COVID-19 hit and closed down most everything. The board really liked the idea, and a posting on Facebook reaped “a fantastic reaction,” she said, so she has formed a Promotions Committee to pursue it.

Her vision includes a large horseshoe-shaped layout of downtown that will be filled with food vendors, live music, children’s games and contests in an authentic display of Italian heritage similar to that of Octoberfest with its German flair, she said.

Maute and her husband Jay Steinbrenner are frequent visitors of New York City’s Italian fest, and she would like to bring that excitement and family-friendly activities to Batavia. With each of the couple being half-Italian and half-German, it has been a natural fit to be involved with Batavia's Octoberfest and now an Italian celebration. Her favorite Italian items are juicy meatballs and cannolis, though ravioli and manicotti also make the list, she said. There's also the potential economic impact of introducing the community to a vast amount of merchants, she said. 

“I would really like it to be where all businesses would benefit,” she said. “Any business in Batavia would participate so (the public) could enjoy the restaurants and stores we have here.”

Hardly a newcomer, Maute, a Batavia native and resident, has been involved in local events for years. She led the way with FeBREWary, BID’s first event of 2022, which sold 467 tickets. She saw “everyone was smiling and walking down Main Street,” and hopes to replicate that kind of positive happening later this year, she said.

Anyone interested in being on the Promotions Committee or attending a BID meeting is welcome to do so, she said. For more information, go to: http://Downtownbataviany.com

File Photo of Shannon Maute from February 2022 by Howard Owens.

Press release:

Auto Wash Car Wash, with a location on West Main Street in Batavia, is matching dollar for dollar all donations made to a Ukraine relief fund when a wash is purchased until it reaches its goal of raising $5,000.

To donate, simply select a donation amount ($1, $3, or $5) at the pay station at our car wash and pay with cash, credit, or apple/android pay.

All money raised will go to the International Committee of the Red Cross https://www.icrc.org/en/donate/ukraine and Baranova27 (@baranova27) which provides humanitarian aid and supplies to families and frontline heroes of Ukraine.

Money raised will be split 50/50 between these two organizations. 

Auto Wash has six car wash locations serving the Auburn, Batavia, Canandaigua, Farmington, and Geneva communities. Visit www.AutoWashCarWash.com/ukraine for more information on this fundraiser.

Our hearts all go out to those affected by this crisis, thank you for your donation. 

The Town of Stafford Zoning Board of Appeals on Monday night tabled an application for a variance to the municipality’s solar ordinance from BW Solar on behalf of a Batavia Stafford Townline Road couple seeking to put a pair of 5-megawatt systems on their property.

Following a public hearing that turned into a “Q & A” with BW Solar Project Developer Dan Huntington, the ZBA voted unanimously to put the action on hold for 30 days. It made its decision at the request of Chair Michael Lathan, who said he had several questions for the town attorney.

Lathan said he expects the board to make a determination at its next meeting on April 18.

About 30 residents attended the hour and 45 minute session that became necessary since BW Solar’s site plan included setbacks (distances from residential and/or nonresidential property lines) that were less than stipulated in Stafford’s solar law.

The Woods own and operate a large farm (and also lease and farm adjoining land) and desire to use about 60 acres for the two side-by-side ground-mounted solar systems. One will cover 31.08 acres and the other will utilize 28.32 acres in a district near College Road zoned as Industrial Park, which the town has deemed appropriate for solar.

While the setbacks were the primary focus, town residents fired off queries on related subjects – most notably the Stafford solar ordinance, itself, as well as impacts to real property value, health, the environment and the rural nature of the town.

RESIDENT CITES SOLAR LAW

Diane Hawn, a Stafford resident for 24 years, read three times from the town’s ordinance on Solar Energy Facilities, asking if BW Solar has followed the letter of the law by establishing a $150,000 escrow account and maintaining umbrella insurance coverage of $10 million during the application process.

“If these haven’t been established, with that huge thing in 2018 (the drafting of the solar ordinance), how can this even be happening right now?” she asked.

Hawn went back and forth with Lathan and Huntington on whether these fees needed to be paid upfront, with the application fee, or if that was part of the next step in the process – after BW Solar was granted the variances it sought to proceed with the project.

Huntington, responding to a question about the escrow account, said he hasn’t encountered that in his other solar projects.

“A $150,000 escrow account controlled by the town, even in a decommissioning sense, has never been established where the town controls the escrow account,” he said. “I can’t say across New York State that’s not true, but in all of the projects that I’ve done … I’ve never seen something of that nature.”

Town Board member Ron Panek advised that the escrow account for solar mirrors the one set up for a Planned Unit Development (such as a senior housing complex or trailer park).

“Is it unusual?” he said. “No, it’s right in our other laws.”

IN DEFENSE OF SOLAR LAW

Panek said much effort and time (nearly two years) were put into the wording of the solar law, and, since then, the Town of Le Roy has used parts of the law and the Town of Alexander’s law “is word for word, identical (to Stafford’s).”

Hawn also quoted another section of the law where it states that Stafford’s Comprehensive Plan “desires to maintain the pastoral, rural nature of this region. An industrial solar energy facility is in conflict with the culture and character of the community.”

ZBA alternate member Tim Thomas noted that the Wood property is in an industrial zoned area.

“Somebody could come in and build a manufacturing facility,” he said. “There’s probably a variety of industrial-type complexes that could go there. So, I would just ask to keep that in mind as you’re looking at this. Solar complexes – solar farms – really don’t demand a lot of services in the town.”

Huntington has maintained all along – in dealings with the Genesee County Planning Board and Town of Stafford officials and attorney – that BW Solar has crafted a solar site plan that minimizes the negative effect on the couple of neighbors by moving it away from the road and placing the two systems next to each other to enable the Woods to farm more of their land.

“The Town Board can’t reasonably do all the work they have to do, if we can’t even decide where the footprint of this thing is going to lie,” he said.

“So, that’s why we’re at the variance part first – to determine you can build there, you can’t build there. Once we know that, then we can say, we’ll outline the footprint, if we have to alter these designs and resubmit them to the Town Board, and now we have a clear, defined footprint that we can review everything, without changes from there.”

CONCERN OVER REAL PROPERTY CLAUSE

The ZBA’s inability to grant a variance to the town’s solar ordinance real property value protection clause, as indicated by the town attorney, is cause for concern, Huntington acknowledged. The law states that the solar operator shall assure there will be no loss in property value for any property within 2,500 feet of the solar farm – a significant distance.

“To create some type of an agreement with every single one of those homeowners is something that I’ve never heard of in any project that I’ve been involved in in New York State,” he said. “On this specific project, there is actually only one homeowner that’s adjoining the property.”

He said having to enter into contracts with up to 100 property owners in that 2,500-foot radius “could quadruple the cost of the project,” adding that if it came down to that, BW Solar would be forced to “defend in court.”

Huntington said he “can sympathize” with the one resident next to the proposed solar farm (who was in attendance last night).

“He has a beautiful home across the street that does overlook a beautiful farm field – I can’t argue that fact,” he said. “I can sympathize with his concerns …

“The variances we are asking for to pull it away from the road on which he lives on – specifically the 200 feet down to zero and the eastern side, 200 feet to 100 feet, would actually bring the solar array away from the road in such a manner that would actually allow his view, at least 50 percent of it, to stay farm fields. If those variances aren’t granted, the only place we can bring the remainder of those panels, to follow the law, is up into that bend, which would eat up his entire view.”

He said he would work with the resident to ensure the screening was adequate, not only at the beginning of the project but down the road.

OTHER DISCUSSION TOPICS

Other points brought up during the meeting:

• On health hazards: Huntington said “studies have shown there are no health hazards associated with it when a solar farm is functioning properly, and maintained properly … and part of our duty is to make sure that a facility is operating at a high efficiency.” He added that a State Environmental Quality Review is required and BW Solar plans to notify agencies such as the Department of Environmental Conservation, Department of Transportation, Army Corps of Engineers and local governmental officials at the proper time.

• On employees needed to build and maintain the system: Huntington said it is likely that union electricians would be hired due to the high voltage and that he hoped that local residents would be hired for seasonal maintenance.

• On seeking tax abatements: Huntington said the company would seek a payment in lieu of taxes agreement with the Genesee County Economic Development Center. “It’s a pretty standard process for it, and it’s $6,000 per megawatt, which is split between the town, school district and county.”

INACCURACIES POINTED OUT

Lathan, at the outset, pointed out some inaccuracies in a notice placed in a local Pennysaver over the weekend – also calling out the person (or persons) responsible for the ad for not putting a name on it..

“We do not make amendments and we do not make laws,” he said. “We try to grant relief to residents on the law, that’s all we’re here to do.”

He also read where it said the request would be in “direct contradiction” to the Stafford zoning law.

“Almost every decision that that board makes is a contradiction to the zoning law," he said. "That’s why we try to grant relief.”

The ZBA chair also took exception to the notice’s charged that any change would show a “direct bias in favor of the company and a select few to benefit from this project.”

“I've had the privilege to be on this board for 14 years. We have never made a decision that was biased one way or the other. And I take offense to that, whoever put this in.”

Photo at top: Michael Lathan, left, ZBA chair, and Dan Huntington of BW Solar, talk following Monday night's public hearing. Photo at bottom: The session drew about 30 Stafford residents to the Town Hall. Photos by Mike Pettinella.

Previously: Planning board falls back on its purpose in decision to 'disapprove' Stafford solar project variance requests

A car hauler loaded with new Dodge Chargers and Challengers caught fire and exploded in Pavilion at about 2 p.m. today.

Apparently, the truck's brakes overheated. 

The location was west of the tracks on Route 63.

Two of the chargers on top of the truck caught fire and one exploded. A third vehicle also caught fire.

Reported by Mark Jagodzinski, a senior at Pavilion Central School.

Press release:

The Batavia Development Corporation (BDC) will begin the process of seeking a new Director of Economic Development.

Brett Frank, the current BDC Director of Economic Development, has accepted a position with the City of Batavia, his last day with the BDC will be March 25^th, 2022.

“On behalf of the board of directors of the Batavia Development Corporation we wish Brett the very best in his new endeavor,” said BDC President Lori Aratari.   

In the upcoming weeks the official employment posting and brochure will be listed on the BDC and City of Batavia’s websites.

Press release from Automobile Association of America:

Today’s national average price for a gallon of gasoline is $4.25, down 8 cents from last week. One year ago, the price was $2.88. The New York State average is 4.37, down 8 cents from last week. A year ago, the NYS average was $2.92. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $4.35 (down 3 cents from last week)
• Buffalo - $4.37 (down 3 cents from last week)
• Elmira - $4.31 (down 10 cents from last week)
• Ithaca - $4.33 (down 11 cents from last week)
• Rochester - $4.38 (down 4 cents from last week)
• Rome - $4.30 (down 10 cents from last week)
• Syracuse - $4.33 (down 9 cents from last week)
• Watertown - $4.34 (down 7 cents from last week)

Drivers are getting a bit of relief at the pump as gas prices are down across the region. Oil prices are near $110 per barrel this morning rather than over $130 two weeks ago. In August, oil prices were $30 per barrel. Oil prices dropped last week when China announced COVID-19 lockdowns last week.

From Gas Buddy:

“GasBuddy, last week, predicted that a top was in for the national average price of gasoline, and indeed, for the first time in 12 weeks, the national average price of gasoline has declined. While the decline is still subject to changes in global supply and demand, Covid and Russia's war on Ukraine, we are poised to see additional downdrafts at the pump this week in most areas," said Patrick De Haan, head of petroleum analysis at GasBuddy. "For now, gasoline demand has shown absolutely no signs of buckling under the pressure of higher prices, even as California nears an average of $6 per gallon, with spring break travel well underway. If the situation does worsen, with more oil being kept away from global markets, it's not impossible that gas prices would still have to climb a considerable amount for Americans to start curbing their insatiable demand for gasoline."

Three years after taking a stand for First Amendment rights by requesting a transcript from Genesee County Family Court, The Batavian received vindication with a ruling that stated such information cannot be denied to the media company.

Stemming from a Family Court case in November 2019, the request was made after Howard Owens, publisher of The Batavian, was barred access to Genesee County Family Court. Attorney Thomas Burns, who represented a woman accused of hitting her child with an object, had filed a motion alleging that prosecuting attorney Durin Rogers had a conflict of interest because he was also a part-time City Court judge. Burns filed the motion claiming that as a City Court judge, Rogers would also be able to interact with other members of the county’s criminal justice system, and he should be disqualified from that particular case. 

Niagara County Family Court Judge Erin DeLabio barred Owens from access to the courtroom for the conflict of interest hearing, and also ruled against the request for a transcript of the hearing. She cited “confidentiality” concerns that outweighed The Batavian’s belief that the transcript was public information that should be accessible to the press. 

DeLabio’s decision was also partially due to her belief that Rogers had already been elected to the full-time City Court judge position and any potential conflict of interest would therefore have no bearing on the election. The election was not the basis for the initial motion filed by Burns, but, rather, the two roles served simultaneously by Rogers.

Owens and his legal team, led by Heather Murray, managing attorney for The Local Journalism Project at Cornell First Amendment Clinic, filed an appeal on that ruling in December 2020.

A final decision, issued by the Fourth Judicial Department of the Appellate Division on March 18, stated:

“To the extent that the court determined that the attorney disqualification hearing was no longer relevant because Rogers had already been elected to the full-time judgeship, we agree with appellant that the court improperly ignored both the continued importance of appellant’s role in reporting accusations of ethical violations or conflicts of interest on the part of a judge and the principle that, here, it was within the province of the appellant to determine whether the hearing on the disqualification motion remained newsworthy.”

“On the merits, appellant contends that the court violated its right to attend the disqualification hearing and that it is therefore entitled to a transcript of the hearing, the release of which, with appropriate redaction, would be consistent with Family Court Act § 166 … we agree.”

It was a determination expected by Owens based on his knowledge of the First Amendment and state law and assistance from Cornell University, he said. 

“When I was first excluded from the courtroom, I knew the law was on my side. This ruling affirms that all courts in New York are open to the public and can’t be closed to the public without a hearing and factual findings within the perimeters of the law. I knew from my initial research on our exclusion from the hearing that there isn’t much case law affirming this principle for Family Court, so this ruling is especially significant,” he said Saturday.

“The language of the law governing access to courts, including Family Court, is very clear and easy to understand.  It doesn’t surprise me that The Batavian prevailed with its appeal.

“It’s long been my belief that local journalists have an obligation to stand up for transparency in government and the right to public access to public business.  I’m grateful to the Cornell First Amendment Clinic for taking up this case. Mark Jackson and Heather Murray recognized the principles involved in this case and all of the students -- notably Ashley Stamegna -- who did the hard work of researching case law, writing briefs, and presenting arguments, were dedicated to the First Amendment issues at stake.

“One of the principles in this case that I’m glad the court recognized, is that journalists and not government officials, even judges, make editorial decisions and determine what is newsworthy.  When the presiding judge in this case ruled that the material we sought was no longer newsworthy as a reason for her denial of our request for a transcript, it was particularly galling.  It was important that such an egregiously reasoned ruling not be allowed to stand.

“The ruling is also significant because the justices were unequivocal in their reasoning.  There is no wiggle room in this ruling for judges in future courtrooms to close off access without ensuring they are properly following the law.

“It’s important to note, the law still gives Family Court judges great authority to protect the privacy of children in Family Court matters.  This ruling doesn't change that but it does emphasize that judges cannot arbitrarily exclude the public from proceedings.”  

The decision will remand the issue back to Genesee County Family Court to provide Owens with a copy of a redacted (blacking out items of confidentiality) transcript. That’s all he was asking for in the first place, Owens said.

“All we requested was a redacted transcript (to protect the privacy of the family involved in the case), so we were surprised and disappointed in DeLabio’s decision,” he had said at the time of appeal. “Most troubling in her ruling is her statement, ‘The motion was heard AFTER (her emphasis) the local elections. Reporting anything that the (sic) Batavian thinks is relevant to the election after the fact, would have no impact on the election …’”

“Judge DeLabio is not employed by The Batavian. She is not an editor. She is a judge. It is not her place to pass editorial judgments on what is newsworthy.”

We are thrilled by the complete victory for our client,” Cornell Law School First Amendment Clinic student Ashley Stamegna said. “Without judicial transparency, we cannot ensure that justice is being done in our courts of law. The Fourth Department’s opinion reaffirms the New York courts’ commitment to providing the transparency that both the law and the public requires. The opinion also clearly demonstrates that it is the province of local journalists—not the courts—to determine what content is newsworthy.” 

Stamegna argued on behalf of The Batavian at the Fourth Department. The Cornell First Amendment Clinic team at the appellate level included lead attorney Heather Murray, Mark Jackson, Jared Carter and students Timothy Birchfield and Christopher Johnson. Murray and Cortelyou Kenney argued at the lower court with summer fellow Samuel Aber assisting with the briefing.

File Photo: Taken of Niagara  County Judge Erin P. DeLabio in 2019 from outside Genesee County Family Court through the doorway window.

To read the full decision, click here (PDF)

Previously:

• Judge blocks press from covering conflict-of-interest motion
• The Batavian considers appeal after judge rules against request for transcript of Family Court motion

Press release:

Imagine calling 911 for your emergency and nobody came! In times like these, it could be a possibility, but our little Byron Fire Department and Rescue Squad does not want this to happen to you! Last year this small-town squad answered a whopping 276 calls for 9-1-1 in and around the town of Byron. These are the most calls answered from any volunteer ambulance squad in all of Genesee County

The Byron Rescue Squad, started in 1976 has never received any tax dollars, they are funded only by donations. The dedicated volunteers of this small devoted squad are ready and willing to help, but their 14-year-old ambulance is aging and repairs are becoming very costly. The squad is in desperate need of a new one.  The old, outdated ambulance currently in use will last a little longer, but action is needed quickly otherwise the community may be without the critical care vehicle needed to respond to emergencies.

Everyone knows that the cost of nearly everything is rising. Items that were always available are now unpredictable or unavailable. This is the case with our medical supplies as well. Luckily our dedicated volunteers are still more than generous with their time and are happy to arrive at nearly every emergency call in our community ready and willing to assist. Each call requires a driver and at least one EMT. Depending on the emergency, many times additional fire personnel are required to manage the scene, give lifting assistance and provide whatever help needed to safely transport the patient to the hospital. Once at the hospital, ambulance personnel are required to remain with the patient until the hospital’s ER staff releases them and takes on the responsibility of that patient. With COVID and the hospital staff shortages, that time has increased. However, releasing the patient to the hospital is not the end of the rescue squad’s duties! It sometimes takes an hour or more to complete the required documentation.

Every year Byron Rescue sends out to each household a letter requesting donations. Luckily, we receive donations from some of our residents and we are very grateful for those donations. It helps us cover the cost of gas, supplies, some training, and light maintenance of our vehicle and equipment. This past year we had a most generous donation from an average couple (who wishes to remain anonymous). Their donation of $10,000 really jump-started our most needed mission to purchase a new ambulance. Other donations come to us via United Way and a go-fund-me page on the Byron Rescue Squad Facebook page or use this link - https://gofund.me/c0d1d2f7. There are also pledges from some generous individuals made in their last will and testament. A very thoughtful way to say thank you and a final giving gesture to keep Byron a safe place to work and live.

In addition, our department does continue to do fundraising, however, fundraising is very time-consuming, and takes away time volunteers might otherwise have for themselves or helping others. We are planning a chicken bar-b-que this Memorial Day, Monday, May 30th after the Memorial Day parade. This will be held at the Byron Fire Hall around 11:30 a.m. until food is sold out. It will again be a drive-thru event. The cost this year will be $15.00 a half chicken with home-made macaroni salad, coleslaw, and roll. Our firemen will also be outside seeking boot donations. Please plan to come early to enjoy this most delicious meal!! 

The cost of a new ambulance is approximately $200,000. We need to push forward so our dream of a new ambulance can be realized. It is becoming a financial burden to continue patching up our old ambulance; it is draining the funds we need to operate. We will reach a point when we will have to take our current ambulance out of service, but hopefully, we will have a new one purchased before that time comes!

Our Byron Rescue Squad is reaching out to anyone who would like to help us help others by donating to this more than worthy cause. Byron is a great place to live and raise a family, and for the most part our little community has wonderful, caring people, and our community should be very thankful for that! COVID has been a great time to reflect on and be thankful for what we have. We know not everyone has the knowledge and ability to help out when a Medical Emergency happens, and it is sometimes difficult for our volunteers to stop in the midst of their day or night and run to the fire hall, and head out to help those who are probably having the worst day in their life, but that’s what our volunteers do day after day! Everyone who can help should help a little!

If you are a person who likes to help others, consider lending your talents and skills to our dedicated Byron Rescue Squad.  Fall EMT classes are free and they start in September and run through March, usually Tuesdays and Thursday nights in Batavia. There is training here in Byron at the Fire Hall on Monday nights, feel free to stop by and say hello. Please don’t wait for an emergency to do your part, help us get this new ambulance on the road so that we can all be safe!

Press release:

Congressman Chris Jacobs (NY-27) is announcing the NY-27 Congressional Art Competition for high school students is returning.

“I am pleased to announce the Congressional Art Competition is once again open for NY-27 high school students,” Jacobs said. “Last year we had some incredible submissions from young artists in our area, I am looking forward to once again showcasing the talent of Western New York!”

The Congressional Art Competition is a national program started over three decades ago as a way to showcase the extraordinary talent in congressional districts around the country. In NY-27, this program is open to any high school students who reside in the district.

Schools and students wishing to participate are urged to reach out to one of Jacobs’ district offices located in Clarence (716-634-2324) and Geneseo (585-519-4002). All artwork must be submitted between Monday, April 11th, 2022 and Friday, April 15th, 2022.

A reception to celebrate the artwork and recognize the winners will be held. First Place will have their artwork hung in the Capitol for all members and visitors to see. Second Place will have their artwork hung in Rep. Jacobs' Washington, D.C. Office. Third Place will have their artwork hung in Rep. Jacobs' Clarence District Office.

For more information on the Congressional Art Competition and eligibility requirements for artwork, interested parties can visit: jacobs.house.gov/services/art-competition.

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is slamming proposed legislation (A.9563) that would establish an excise tax on ammunition purchased in the state, costing sportsmen an extra two to five cents per round. These funds would be deposited into a gun violence research fund, and while proponents of the legislation argue hunters and others who enjoy shooting sports should contribute to efforts that mitigate the harm caused by firearms, Hawley argues such a tax would be an unconstitutional, onerous burden that infringes upon the Second Amendment rights of New Yorkers.

“If tomorrow it was proposed that the faithful be made to pay to freely worship, or that anyone who wanted to espouse a controversial opinion be taxed in order to mitigate the consequences of them doing so, such bills would be dismissed with disgrace,” said Hawley. “When we take our oaths of office to protect and defend our U.S. Constitution as state lawmakers, we make a commitment to defend the document in its entirety, so it’s a shame the Second Amendment has become something members of the Majority feel can be consciously ignored in their policymaking. 

“While those in support of this bill argue that taxing ammunition by just a few cents a round does not place a substantive financial burden on sportsmen, the implementation of financial barriers of any kind to exercise constitutional rights sets a dangerous precedent that could enable the nickel-and-diming of our fundamental liberties in the future. This latest attempt to stifle criminality by inconveniencing the law-abiding may be the most dangerous we’ve seen in some time, and I’d encourage this bill’s sponsors to reflect deeply on the implications its enactment could have on the protection of their favored rights within our constitution.”

Press release:

Joie shared a little bit of her life, her hopes and dreams on WBTA Radio, Friday morning during an Arc GLOW interview on Developmental Disabilities Awareness Month.   She told listeners that shortly after she was born she had a stroke, resulting in a seizure disorder. She has an autism diagnosis and attends Arc GLOW’s Community Prevoc program to help develop work skills.  The Prevoc program introduced Joie to activities including delivering Meals on Wheels and volunteering at a food pantry. 

“I love volunteering at the community food pantry in Oakfield, and would love to open a food pantry of my own someday,” Joie said.

Arc GLOW’s Shelley Falitico shared Developmental Disabilities Awareness Month is a time to raise awareness about the inclusion of individuals with developmental and intellectual disabilities in all areas of community life and it’s an opportunity to highlight their contributions.

“Individuals living with disabilities in Genesee, Livingston, Orleans, and Wyoming counties are making contributions to our community across the spectrum,” Shelley said.  “This month may be nationally recognized as DD Awareness month but we at Arc GLOW celebrate daily individuals with disabilities served, families, guardians, friends, providers, staff and all of those who use their talents and continue to push initiatives that help individuals with disabilities create a more inclusive community,” she added.   (Listen to Friday’s full interview, posted on the Arc GLOW Facebook page).

During Developmental Disabilities Awareness Month, Arc GLOW has kicked off its annual Membership Drive, received proclamations from each of the four GLOW County Legislatures/Boards of Supervisors, and is participating in restaurant and cookie fundraisers across the four counties.  Details can be found on Arc GLOW’s website, www.arcglow.org.