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The vice president of Operations for the Genesee County Economic Development Center today said he “wholeheartedly agrees” with a statement from the Tonawanda Seneca Nation calling for improved working relations between the two entities in connection with the Western New York Science & Technology Advanced Manufacturing Park in the Town of Alabama.

Lawyers for the Tonawanda Seneca Nation put out a press release over the weekend, reporting that a settlement was reached with the GCEDC after legal action by the Nation over the Plug Power project was dismissed by Acting Supreme Court Judge Charles Zambito.

The settlement spells out several items worked out between the Nation and the GCEDC. The press release indicated that the Nation is “hopeful that the agreement can be the framework for a more collaborative relationship with GCEDC and Plug Power moving forward.”

“I wholeheartedly agree with that statement,” said Mark Masse, GCEDC VP of Operations. “We certainly want to work together and be good neighbors as we continue to develop the STAMP site.”

Masse said the main part of the stipulation is that the Nation would not pursue further litigation on the Plug Power project, and it wouldn’t appeal and would challenge any of the other permits that would be issued “as long as they’re issued in the normal course of business.”

“So, some of things we did agree to is to have an on-site archaeological monitor, which is something that they requested,” he said. “There are some wetland areas and a buffer along the western boundary that will be under a conservation easement that ensures there will be no encroachment upon their territory. We had proposed a buffer anyways.”

The settlement also calls for assistance with job training for businesses that are at the STAMP site, prohibiting Plug Power from using pesticides on the protected lands and having cultural resource monitors onsite during earthmoving activities to help identify and protect any unanticipated cultural resource discoveries.

Additionally, around 200 acres (near Seneca Nation territory) of the 1,250-acre site will be protected from development.

Masse said that the GCEDC plans to develop only about 650 acres because the rest of the area is protected wetlands.

No money changed hands as a result of the settlement, Masse added.

Recovery of the lagoons at Batavia Waste Water Treatment Plant is heading in the right direction, according to the city’s attorney, but the end to limiting the discharge from the O-At-Ka Milk Products facility is likely several weeks away.

“We’re closely monitoring the ponds and are seeing signs of progress to determine if the BOD (Biochemical Oxygen Demand) recovery is on track,” George Van Nest said on Monday. “We’re checking it daily, twice a day, and also monitoring O-At-Ka’s loads. But the ponds are still not fully recovered at DO (Dissolved Oxygen) levels and they need to sustain (permitted levels).”

Over the past few weeks, O-At-Ka has had to pay companies to truck wastewater from its Cedar Street plant due to discovery of excessive levels of biosolids being discharged into the WWTP, costing the company around $25,0000 per day, Chief Executive Officer Bill Schreiber said.

O-At-Ka has called upon the city to sit down with company officials and the New York State Department of Environmental Conservation to find “a three-party solution” to bridge the gap until the Upstate Niagara-owned business completes a $6 million on-site pre-treatment plant project in the next six to eight weeks.

Contacted on Monday, Schreiber said he was “hopeful that we will be able to schedule a three-party meeting in the near future.”

“Our goal remains to discuss the implementation of potential solutions to accelerate the recovery of the city’s lagoons,” he said.

BOD Load Levels Are Improving

Van Nest said the city had no choice but to send a cease-and-desist letter to O-At-Ka on Sept. 23 because the BOD loads were too high.

‘We have seen significant reductions as a result of the trucking, but even with the trucking, there have been only three days below the permitted level, and closer to the level on several days,” he said.

The code gives the municipality the right to cease-and-desist, and allows the city to shut off discharges to the system completely, he said.

“The city has not done that. We’re working to get the discharge limits met and in compliance while the pond recovers.”

Van Nest said that O-At-Ka’s offer to pay any fines incurred for excessive discharge into the WWTP is not an answer to the problem.

“The ponds need to operate properly. It’s not a matter of we can indemnify you (the city) by discharging beyond the permitted level,” he said, adding that the city is responsible to its taxpayers.

“It’s taking some time to recover. We’re looking for sustainability and believe that is fairly a short-term to get to the point where engineers (working with the city) and (the WWTP) operator is comfortable with (the levels). These are 30-acre ponds, and the volumes are huge.”

'Permit Sets The Conditions'

Van Nest, when asked about a three-party solution as proposed by Schreiber and John Gould, Upstate Niagara chairman of the board, said “the solutions they are pushing for are related to the plant … and the (State Pollutant Discharge Elimination System) permit sets the conditions.”

“The city is open to meeting with O-At-Ka and its engineers,” he said. “We’re ready, willing and able to sit down with them and look at other potential solutions.”

Still, he said he doesn’t believe any of the alternatives offered by O-At-Ka will reduce the time needed for the ponds to recover to permitted DO levels.

“They mentioned cleaning the diffusers. That would be a public project that needs to be bid, let and issued, and funded. It’s a long process that would take a lot of time,” he said. “And how much of an impact would that have on the oxygen levels in the pond?”

Van Nest said sampling data showing elevated BOD and TSS (Total Suspended Solids) levels indicate that O-At-Ka increased its production capacity beyond its pre-treatment capacity.

Schreiber countered that by mentioning that the characteristics of O-At-Ka’s wastewater haven’t changed.

City Has Been Collecting Surcharges

“These are the same loads we’ve been putting down historically,” he said. “We’ve paid the city surcharges for those loads. They’re well aware of what the characteristics of what our wastewater have been and they’ve happily collected those surcharges.”

He said O-At-Ka has paid approximately $60,000 per quarter in surcharges, which are for BOD and TSS over the permitted level of 300 parts per million.

O-At-Ka’s existing pre-treatment plant is between 15 and 20 years old. In January of this year, the company’s board of directors approved a $6 million capital project to put in a new pre-treatment plant (located off Cedar Street).

“Originally, we had planned to have that up at the end of October or early November, but like everybody else, we’ve experienced a number of supply chain challenges that have pushed the date out to mid-December,” Schreiber said.

“But, again, looking to control the things we can control – such as flows down the drain – we’ve redoubled our efforts to expedite getting components here, and we think we’ll be able to get it operational between the middle of November and early December.”

Even if that’s up and running in five weeks, it would cost O-At-Ka around $875,000 to haul the wastewater to other locations.

Schreiber said O-At-Ka typically discharges around 575,000 gallons of wastewater – a milky water mixed with detergent – to the WWTP. Now, with the restrictions, that amount is 475,000 to 500,000 gallons per day.

Pre-Treatment Upgrade Underway

O-At-Ka’s current pre-treatment operation consists of two separate 150,000-gallon equalization tanks that balance pH and BOD loading, Schreiber said. The wastewater flows to the Primary Dissolved Air Flotation, which can process 360 gallons per minute, removing 25 percent of the solids.

After that, it goes to the digester, removing organic materials at 330 gallons per minute, and leaves an Immobilized Cell Bioreactor and flows through tubes that mix wastewater with chemicals to provide coagulation and flocculation. Lastly, the wastewater flows through the Secondary DAF, removing 85 to 90 percent of solids.

“The pre-treatment plant upgrades will double EQ capacity and significantly enhances the ability to remove BOD and TSS,” Schreiber said.

He said the new EQ tank is 600,000 gallons and the new moving Bed Bio Reactor can process 12,000 pounds of BOD per day. The company also has purchased three 250-horsepower blowers to make the process more efficient, and is installing an additional DAF capable of 540 gallons per minute to augment the existing unit.

Previously: O-At-Ka offers alternatives, claims city is protected as it seeks to end hauling of wastewater from its facility

There are electrical wires down in the roadway in the area of 6749 Townline Road,  Byron.

Fire police are requested for traffic control.  Traffic is being blocked at Ivison Road.

A pole is down.

We do not know the cause.

Byron and South Byron fire departments are handling the call.  Law enforcement is also on scene.

Genesee County Emergency Management Services received its first drone today, the department’s coordinator reported to the county legislature’s Public Service Committee.

Tim Yaeger said the drone, which actually is the county’s second (the Health Department also has one), will be used in situations involving hazardous materials, fire, search & rescue and other public safety issues.

He said the drone cost about $11,000 and was bought with Homeland Security funds. The type of drone that could be purchased, and the policies and procedures governing its use are set by New York State.

"In public safety terms, this is a beginner's drone," Yaeger said. "We wanted to start small and expand based on need."

Yaeger said the applications are varied -- from damage assessment to situational awareness to assistance in active fires and post-fire investigation to search-and-rescue operations. The drone features a thermal imaging camera attached to the regular camera.

One person has been trained as a pilot and a couple others will follow in that role, Yaeger said, noting that training will take place at the State Preparedness Training Center in Oriskany.

Public demonstrations will take place in the near future, he advised.

Yaeger said drones were one of the topics discussed at the 2021 Homeland Security Conference in Las Vegas from Aug. 29-Sept. 3. He was able to represent Genesee with expenses paid for by a grant provided to the county.

“We’re beginning to see drones up in the air and flying illegally, outside of the FAA (Federal Aviation Administration) certifications that they were given,” he said. “It’s something to be on the radar – that we have to look at for primarily large gathering facilities. Darien Lake comes to mind.”

He said that people are using drones to drop basketballs filled with contraband into prison yards.

“A basketball with things that aren’t supposed to be in prison, like cell phones. They fly over the top of the fence and they drop the basketball. The basketball bounces and they think it’s just recreational equipment that was left out by someone,” he said. “Now, they’re tracking these and it was an absolutely amazing technology.”

Yaeger also said technology is being utilized by emergency management and law enforcement to combat civil unrest.

“Getting better information and critical information back to the EOCs (Emergency Operations Centers) and back to law enforcement and 911 Centers,” he said. “It’s just coming faster and faster as we move through these uses of technology.”

He said emergency managers are being instructed to consider diversity in their communities in developing operational strategies.

“How we operated 30 years ago when fire, EMS and law enforcement within our population is not how we should be operating today. So, there are a lot of lessons learned by us reaching out to those communities,” he said. “Sometimes were in a silo and we think we know what those citizens are thinking … “

Yaeger said his staff will look at examples of communities that have initiated effective outreach programs.

Conference seminars also dealt with the collapse of the apartment complex in Florida and cybersecurity, Yaeger reported.

Ninety-eight people died when the 12-story Champlain Towers South collapsed in Surfside, near Miami, in the early morning hours of June 24.

Calling it a “very depressing event,” Yaeger said the seminar provided insight into "the psyche of the first responders to go to an event with very few survivors if any, and how we treat those first responders mentally to deal with those types of things … and also seeing those first responders deal with the anguish and disappointment that they’re not able to help.”

“It was not a very uplifting presentation but it was very well done,” he noted. “Just to see what other communities have done and how they deal with those mental issues that are out there, for not just the families of the victims … but, more importantly, from our perspective, the first responders and how to deal with that.”

On the subject of cybersecurity, he said National Grid personnel are concerned about the vulnerability of infrastructure, telecommunications, power systems and transportation systems.

He said emergency managers need to have a contingency plan in the event of a cyber-attack.

When it comes to being prepared for natural disasters, especially weather-related events, Genesee County is flying above the storm.

That was the message shared this afternoon by Judith Levan, meteorologist in charge of the National Weather Service’s Buffalo Office, as she announced the county’s standing as an NWS StormReady community.

Levan and Mike Fries, NWS warning coordination meteorologist, presented the StormReady office sign and certificate, to Tim Yaeger, coordinator of the county’s Emergency Management Services department, at a meeting of the County Legislature’s Public Service Committee at the Old County Courthouse.

“It is with great pleasure that I am here to represent the National Weather Service to present a StormReady community sign to Genesee County for its efforts to become recognized as a Storm Ready community,” she said. “In particular, I’d like to extend our sincere appreciation to Tim Yaeger … for the tremendous effort he has exhibited to accomplish the goals set forth in the program.”

Levan said that EMS employees have cultivated a strong working relationship with the Buffalo NWS Office, adding that she and her staff “recognize the diligent effort to maintain community readiness in anticipation of natural disasters of any type.”

“We do not look forward to any other natural disasters, however, if and when another does occur, you can be confident that officials in the county have improved their communication and safety skills needed to save lives and property. You are an excellent example for other municipalities in New York State and I applaud you for your efforts,” she said.

Noting that severe weather or flood warnings are ineffective if they aren’t communicated to those potentially affected, Levan said that the Genesee County-NWS partnership is such that “all aspects of communication, warning reception and response are sufficient as possible and that there are many backups in place in case one or more systems fail.”

She said that several requirements must be met to be recognized as a StormReady community:

-- The establishment of a 24-hour warning point and emergency operations center;

-- Having multiple ways to receive severe weather forecasting warnings to alert the public;

-- Creating a system that monitors local weather conditions;

-- Promoting the importance of public readiness through community seminars and education;

-- Developing a formal hazardous weather plan that includes training severe weather spotters and holding emergency response exercises.

“StormReady communities have the improved communication and safety skills needed to save lives and property before and during the event,” Levan said. “I’m happy to say that Genesee County has not only met these criteria, but has substantially exceeding them in many categories.”

Photo: From left, Legislator Gordon Dibble, Tim Yaeger, Judith Levan and Mike Fries. Photo by Mike Pettinella.

Tommy Crawford, 32, of Rochester, is charged with criminal possession of a controlled substance 7th, criminal impersonation, unlicensed operation, aggravated unlicensed operation, and failure to stop at a stop sign. Crawford was arrested on Oct. 10 following a traffic stop at 1:09 a.m. on  Miller Avenue. He is accused of providing police with a false name. After Crawford was identified, officers determined he was the subject of multiple outstanding warrants issued by the City of Batavia along with several issued by other agencies. He was also allegedly in possession of crack cocaine. He was arraigned in City Court and bail was set at $100.

Devon A. Wright, 19, of Batavia, is charged with obstructing governmental administration and unlicensed operation  3rd. Wright was arrested on Oct. 9 for charges stemming from an incident on Sept. 29 on  Dellinger Avenue, Batavia. He is accused of fleeing from a vehicle and locking himself inside a residence following a traffic stop.  He was issued an appearance ticket.  For prior coverage of Wright,  click here.

Anthony Natrigo, 23, of Le Roy, is charged with DWI, driving with a BAC of .08 or greater, and no or inoperable tail lamps. Natrigo was stopped at 2:17 a.m., Oct. 9, on East Main Street by a Batavia police officer. He was processed at police headquarters and released on tickets.

Katherin A. O’Brien, 28, of Pavilion, is charged with felony  DWI. O'Brien was stopped by State Police in  Warsaw on  Saturday. She allegedly had a BAC of .17. She was arraigned in Town of Warsaw Court and released on her own recognizance.

Stephanee Mae Surabian, 33, of State Street Road,  Batavia,  is charged with grand larceny 3rd and five counts of offering a false instrument for filing. Surabain allegedly failed to report to  DSS that the father of her children was residing in her home or that he was earning wages while receiving benefits. Surabain allegedly received $7,919 in  SNAP benefits she was not entitled to receive. She was arraigned in Batavia Town  Court and released on her own recognizance.

Sarita Gajmerkami, 28, of  Chestnut Ridge,  is charged with DWI, driving with a BAC of .18  or greater, and failure to keep right. Gajmerkami was stopped at 7:26 p.m., Oct. 14, on  Route 33, Bergen, by Deputy Kenneth Quackenbush. She was processed at the Genesee County Jail and released on an appearance ticket.

Diana Marie Walworth, 33, of Town Pump  Circle, Spencerport, is charged with felony driving with a BAC of .18 or greater and driver view obstructed. Walworth was stopped at 5:29 a.m., Oct. 10, on  I-490 in  Le Roy by Deputy Trevor Sherwood. She was issued an appearance ticket.

Photo by Jason Smith

The Genesee Society of Model Engineers Inc.'s Giant Train Show made a spectacular return Sunday to Call Arena at GCC growing 1,150 attendees and 100 vendors.

"The event was the first major train show in our area, post-pandemic, and attracted one of the largest number of patrons that we’ve seen in the past 5 years," said Mike Pyszczek, the show's chairman.

He praised GCC for providing a safe and supportive environment for the event.

The next train show, the organization's 100th, is scheduled for April 3, 2022.

The club was founded in Batavia and celebrated its 50th anniversary in 2019. 

"We have been holding spring and fall train shows since the early ’70s at various venues in the Batavia area," Pyszczek said. "We began using the Richard C. Call Arena at GCC when it first opened in 2018 and have grown the event to be one of the largest hobby shows in Upstate NY."

The Club's annual open house is from 10 a.m. to 3 p.m., Dec. 4, at its clubhouse in the Village of Oakfield during the village holiday celebration.

Press release:

The Point Breeze Yacht Club held its Annual Members' meeting and dinner on Saturday, October 16 in the clubhouse at Godfrey’s Pond.

Members came from Buffalo, Rochester, Batavia and Orleans County to enjoy a nice fall day at Godfrey’s with a great dinner catered by D & R Depot of Le Roy.

The Point Breeze Yacht Club is based at Orleans County Marine Park which is located on the Oak Orchard River at Point Breeze.

Anyone interested in becoming a member may contact the Commodore at commodore@pbycny.com.

Submitted photo: From left, Commodore Bob Bialkowski, Vice Commodore Erik Roth, Webmaster Bob Turk, Port Captain William Elliott, Acting Secretary Dan Schuth, Treasurer Madeline Bialkowski, Rear Commodore Emrys March. The secretary is Marietta Schuth. 

The City of Batavia Police Department has made two arrests connected to an incident brought to the attention of City Council by an Otis Street resident at the governing body’s Sept. 13 meeting.

“The arrests are the result of one of the incidents he (Ronald Yantz) spoke of at an earlier meeting,” Police Chief Shawn Heubusch confirmed to The Batavian.

Released today via its Crime Watch police blotter platform, Batavia PD reported the following arrests:

Brooke M. Ayala, 36, of Batavia, Endangering the welfare of a child, Criminal Nuisance, 11:28 PM, Monday, August 23, 2021, Otis Street. On 10/7/2021, Ayala was arrested on the above charges. The arrest comes after an investigation into an incident on 8/23/2021, on Otis Street. Ayala was issued an appearance ticket and is scheduled to appear in Batavia City Court on 10/19/2021.

Kelly L Wells, 57, of Batavia, Criminal Nuisance, 11:28 PM, Monday, August 23, 2021, Otis Street. On 10/7/2021, Wells was arrested on the above charge. The arrest comes after an investigation into an incident on 8/23/2021, on Otis Street. Wells was issued an appearance ticket and is scheduled to appear in Batavia City Court on 10/19/2021.

Yantz appeared at the City Council meeting to inform Council of ongoing unruly and disruptive behavior by people living in a house across the street from him on Otis Street.

At the time, Council President Eugene Jankowski Jr. said the police department and the code enforcement department would do all that was possible to rectify the situation, with Heubusch indicating that there was an open investigation and charges were pending.

At the Oct. 12 City Council meeting, Yantz returned, this time thanking the board and police department for their efforts as things have calmed down on that section of the street.

Previously: City of Batavia leaders, police taking steps to help Otis Street couple deal with disruptive neighbors

A 37-year-old Oakfield man was arrested in Erie County yesterday and charged with the murder of his father at the home they shared in Oakfield.

Sixty-nine-year-old Martin Maher was found dead in his home at 32 Drake Street after deputies were dispatched to his house for a welfare check at 10:57 a.m. because family members had been unable to contact Maher.

Deputies found Maher deceased and that he was the apparent victim of a homicide.

Upon investigation, detectives identified Nicholas M. Martin as the suspect.  He was located in Erie County at 3:35 p.m.

He is charged with murder in the second degree. He was arraigned in Town of Oakfield Court and ordered held without bail.

The Genesee County Sheriff's Office believes this was an isolated incident and that there is no threat to public safety. 

Assisting in the investigation are State Police, the Erie County Sheriff's Office, the Coroner's Office, and the District Attorney's Office.  The investigation is ongoing.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $3.33, up six cents from last week. One year ago, the price was $2.17. The New York State average is $3.43 – up eight cents from last week. A year ago, the NYS average was $2.25. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $3.38 (up five cents from last week)
• Buffalo - $3.36 (up five cents from last week)
• Ithaca - $3.43 (up seven cents from last week)
• Rochester - $3.42 (up seven cents from last week)
• Rome - $3.44 (up eight cents from last week)
• Syracuse - $3.39 (up six cents from last week)
• Watertown - $3.42 (up eight cents since last week)

Gas prices took a big jump over the past two weeks with national gas prices increasing 13 cents in two weeks.  Total domestic gasoline stocks decreased along with gasoline demand. Despite that drop in demand, which would typically bring prices down, gas prices increased. But high crude prices (above $80 per barrel) remain the main culprit for rising pump prices. As crude prices remain elevated, pump prices will likely follow suit.

From Gas Buddy:

"The national average closed the week by climbing to yet another fresh seven-year high, as the price of oil continues to drag gas prices along for the wild ride, leaving motorists on empty," said Patrick De Haan, head of petroleum analysis for GasBuddy. "With OPEC holding back oil production and strong global oil demand, the situation will no doubt pave the road with even higher gas prices in the weeks ahead. Until several bottlenecks ease, including supply chains and low global inventories of oil, natural gas and coal, we'll be stuck feeling the pinch of rising oil and gasoline prices. The bad news is that for now, all I see is the upward trend at the pump continuing into the weeks ahead with no sign of relief just yet."
 

After missing some time due to Covid-19,  Batavia Downs continued Family Fun Day and Weiner dog races Sunday afternoon. 

The Downs offered free pony rides, horse drawn wagon rides, magic shows and Mr. Squigels as entertainment for the children as well as food and beverage specials. Attendance and spirits were high as the fall weather cooperated for the festivities. 

Two of the crowd favorites were back as well: $1 hot dogs and wiener dogs. While both were enjoyed by all, the wiener dog races drew the most attention. 

The wiener dog race was stacked full of past winners and dominated by 7 year olds.  After nine heats, there was a "wiener take all" final.  

This year's champion repeated from 2018, Louie (pictured above). His trainers Bruce and Laurie attribute his speed to his love of whipped dairy desserts, specifically what kind? They politely requested that their secret no be divulged to prevent it from being copied and "whipped" next year. 

Gubernatorial candidate Lee Zeldin visited Chapin Manufacturing in Batavia to hear about some of the issues local manufacturers face in New York.  

CEO Jim Campbell spoke with Zeldin about burdensome regulations and a shrinking base of employable workers, which has forced the company to expand in other states instead of  New York.  

Zeldin was a receptive ear.

When asked how he,  as a  Republican,  could win in a state dominated by New York City Democrats, Zeldin said he and his team have looked at the numbers. If he can increase the turnout in the state's rural counties he needs to pick up only 29  percent of the vote of the Five Burroughs.

"That is not an intimidating number to me," he said. 

He also said surrounding himself with a strong campaign staff is also an advantage and he said his campaign's fundraising efforts have been strong.  

"We outraised everybody else combined, including Cuomo and Hochul," Zeldin said. "Kathy will be able to raise money because she's now the governor. But at that point when she ascended, we had millions of dollars more in the bank than she did."

Even he represents the most rural parts of Long Island, his media market takes in all of NYC,  so when he does a press conference, all of NYC hears about it.  When he runs a  campaign ad, it runs across that entire market.  He thinks positions him to pick up votes Downstate.

That strategy only works if rural counties increase turnout to help close the gap.

"When you have 15 or 20 counties like Genesee all trying to get those extra five points, extra six points, that ends up becoming about two, two and a half percent of the vote," Zeldin said. "That could be a difference between winning and losing. So this really is a 62 county campaign."

Top Photo: Zeldin speaking while Bill Campbell, Chapin's director of business listens.  Bottom: Bill Klegar, VP of operations, gives a tour to Assemblyman Steve Hawley and Zeldin.  CEO  Jim Campell is at the right in the background.

Press release from Tonawanda Seneca Nation:

GENESEE COUNTY, New York — The Tonawanda Seneca Nation reached a settlement (with the Genesee County Economic Development Center) of a lawsuit seeking to stop Plug Power, Inc.’s construction of a facility that would anchor a manufacturing megasite, known as the STAMP (Science & Technology Advanced Manufacturing Park) site. In June, the Nation petitioned the New York State Supreme Court to stop the development of the Plug Power project adjacent to the Nation’s land in Genesee County, but a judge dismissed the case on procedural grounds last week. The STAMP site is adjacent to the Nation and within the Nation’s ancestral territory.

“We’re disappointed that the court didn’t have the opportunity to hear our arguments in this case,” said Kenith Jonathan, Sachem Chief for the Wolf Clan of the Tonawanda Seneca Nation and keeper of the Western Door. “We never got our day in court to explain how the project would diminish the Big Woods and have a negative impact on our Nation and our way of life.”

In its petition to the court, the Nation warned that the development would diminish the Big Woods, a pristine parcel of land that citizens of the Nation forage and hunt on, as they have for centuries. The Big Woods is a source of various traditional medicines important to the Nation’s culture and health. For centuries, the Tonawanda Seneca people have relied on the medicines, passing down that knowledge from generation to generation. Tonawanda Seneca citizens also play traditional games not far from the proposed Plug Power site. Citizens of the Nation voiced concern that the games would be disturbed by the traffic, noise and light pollution from the project.

“Make no mistake; we are opposed to developing a manufacturing megasite adjacent to pristine woods on undeveloped land,” said Chief Jonathan. “While we are disappointed that the construction will go forward, this settlement includes important protections to reduce the impact on our Nation and to protect our way of life. We are hopeful that the agreement can be the framework for a more collaborative relationship with GCEDC and Plug Power moving forward.” 

The settlement negotiated by the Nation will permanently protect from development over 200 acres of land on the STAMP site that is adjacent to the Nation’s territory. Plug Power, Inc. also is prohibited from using pesticides on the protected lands, which will further protect the environment. The Nation also will have cultural resource monitors onsite during earthmoving activities — to help identify and protect any unanticipated cultural resource discoveries.

O-At-Ka Milk Products’ information technology team is working with law enforcement and cybersecurity experts in the wake of “a sophisticated cyber-attack” that began earlier this week.

Bill Schreiber, chief executive officer of the milk processing plant at Cedar Street and Ellicott Street Road, confirmed to The Batavian that the ransomware attack started on Thursday night and affected to varying degrees company computers, time clocks and other equipment.

“O-At-Ka did experience a sophisticated cyber-attack, and our team responded immediately and has been working around the clock to remedy the situation and resume normal operations,” he said. “We have been working with law enforcement and industry experts to investigate and recover from the attack.”

Schreiber said O-At-Ka routinely prepares for such attacks and “the contingencies we put in place have been effective in restoring and maintaining our business functions.”

“Our customers have been minimally impacted and we continue to work with them on a routine basis to ensure ongoing operations and business continuity,” he said. “I’m thankful for the team’s continued hard work and efforts in response to the attack.”

“In today’s society, people want it now and if you don’t have it, they may go someplace else.”

With that statement, Guy Clark, owner of Cedar Street Sales & Rentals, articulated a retail principle that motivated him and his sons, Connor and Adam, to construct a 6,000-square foot warehouse across the street from the business that has been a fixture in Batavia for the past 28 years.

The Clarks hosted a Genesee County Chamber of Commerce “Business After Hours” event on Thursday evening, attracting about 50 people to the 60- by 100-foot building that can house a couple hundred Cub Cadet lawn mowers and snowblowers.

Clark provided a quick recap of the thought process behind the company’s expansion.

“This lot came with the property across the street but it was just an empty, vacant lot that was overgrown for years,” he said. “Every year, we’d get crates and crates of lawn mowers and we’d had nothing to do with them – no place to put them. We put them together as you sold them – keeping them out back (at 111 Cedar St.) and it became a crowded mess.”

He said he got together with Connor and Adam, both college graduates with business degrees, and they sketched out a design on paper and came up with a plan.

“And now we have this building with beautiful loading dock where we can unload tractor-trailers on a regular basis,” Clark said.

Recently, the national sales manager for Cub Cadet visited the warehouse and was impressed, Clark noted.

“He said this is the future … and he took a lot of pictures,” he said. “Around March 1^st, we’ll have 150 mowers completely ready to go in this building.”

Photo at top: Guy Clark, Chamber of Commerce President Erik Fix, Adam Clark and Connor Clark; photo at bottom: Inside view of the Cedar Street Sales & Rentals warehouse. Photos by Mike Pettinella.

Billie Faye Owens, 63, editor of The Batavian from 2010 to 2021, died at Rochester General Hospital on Friday evening from complications from congestive heart failure.

She was taken to United Memorial Medical Center in Batavia with health issues on July 26 and remained hospitalized for 81 days. At no time did she test positive for COVID-19.

She was born in 1958 in Charlotte, N.C., to Barbara Jean Carter and Billie Eugene McSwain. Her mother moved her when she was 5 to San Diego where she would eventually attend San Diego State University, earning a B.A. in Journalism.

She went to work for the Daily Californian in El Cajon, Calif. in 1989, where she met her second husband, Howard Owens, then a wire and copy editor at the Daily Californian, and currently publisher of The Batavian. They were married on the campus of Point Loma Nazarene College in 1993.

Her journalism career began with an internship at the Los Angeles Times and included stints at the San Diego Business Journal, the Ventura County Star, and the Canandaigua Daily Messenger.

She won numerous regional and statewide journalism awards in San Diego for her writing and reporting.

She was passionate about her craft and one thing Howard and Billie bonded over quickly was the fact they both had substantial collections of books about journalism, which has grown to more than 400 titles over the years.  They also both enjoyed old movies with main characters who were reporters and editors.

She loved animals and was upset by anybody who abused animals.  She made it a mission to publish reports of people leaving dogs in hot cars and made local animal abuse cases her beat in Genesee County.  She was also well-known for her colorful reports of lost and missing pets and shelter animals in need of adoption.

In 2015, Howard and Billie adopted Rocky, a mix-breed pit bull who had been abused by a previous owner.  Rocky succumbed to cancer on July 31.

Billie is survived by her husband and three grandchildren, whom she loved.  Her mother, Barbara France, passed away in December in San Diego. 

In lieu of flowers or condolences, donations can be made to Volunteers for Animals in the name of Billie and Rocky.  There will be no local service. Her wishes were that her ashes be deposited in the Pacific Ocean off the Ventura County Pier, where the ashes of her son, Charles Raymond Sutherland, were deposited in 2018.

“Good for your garden, good for your community, good for your planet” – and, in the eyes of Genesee County Planning Board members, good enough for a location on Wright Road in the Town of Alabama.

Planners on Thursday night recommended approval of a site plan for EcoVerde Organics, LLC, of Buffalo, to own and operate a compost facility on a portion of a 27-acre parcel in an Industrial zone at 396 Wright Rd.

The company, which was formed in 2017 by entrepreneur Warren Emblidge Jr., uses the motto above as it promotes environmental and social ecosystem improvement through composting.

EcoVerde Assistant Chief Katy Duggan appeared at the planning board meeting at County Building 2 on West Main Street Road.

“We’re a small company that was started by a local businessman (Emblidge, EcoVerde’s chief) who had been successful (in other ventures) for many years,” Duggan said. “He got the idea of sustainability and the next step was to get some composting going.”

Duggan, in her third year with the company, said EcoVerde had a composting plant in East Aurora but now is focused on this site in the Town of Alabama.

“We work with people, businesses and others in our local community to source our inputs, then make and sell quality soil amendments like compost,” she explained. “Our products improve soil to support plant growth with less chemical fertilizer and less nutrient run-off into waterways to protect our natural environment.

“We look forward to operating in Genesee County where we can support its goal of agricultural preservation.”

She said that a new food scraps law in New York State requires businesses and institutions that generate a certain amount of food scraps to donate usable food and to recycle what’s left.

“So, some of this is in preparation for that,” she said.

A former recycling sustainability coordinator and educator, Duggan developed the Lewiston Art Festival recycling and food waste composting program, and developed food waste collection and waste audit services for commercial customers.

Plans for the Alabama facility are to process source-separated organics, manure and yard waste (specifically food scraps), solid manure/bedding, select food processing waste and crop residue, and leaf and yard waste from municipalities and landscape professionals. Biosolids will not be accepted.

Duggan said activity won’t begin until after final approval from the Town of Alabama Planning Board, which was scheduled to meet this Monday, but has cancelled that session.

The state Department of Environmental Conservation has granted EcoVerde approval to operate the compost facility, she said, limiting production to 7,500 cubic yards per year. She said customers will include farmers (organic and market), landscapers, gardeners and homeowners.

“We will start by bringing material into the plant, initially manure and yard waste, and since compost takes three months to make, we plan to start selling it in the spring,” Duggan added.

The planning board’s recommendation of approval is contingent upon EcoVerde obtaining a stormwater permit from the DEC if it disturbs more than one acre of land, and registering with the GLOW Solid Waste Management Committee and reporting the amount of material recovered by the facility to the GLOW Recycling Coordinator.

Planning Board member Tom Schubmehl also requested that Duggan reach out to leaders of the neighboring Tonawanda Seneca Nation to mitigate any odor or other issues caused by prevailing winds. She said that she would be agreeable to that.

In other action, the board recommended approval of:

• A special use permit to combine two parcels into one Commercial zone to accommodate New York Bus Sales’ new 20,000-plus-square foot school bus service/sales facility at the corner of West Saile Drive and Call Parkway in the Town of Batavia.

Lauren Rodriguez, civil engineer with LaBella Associates, said the facility will cover seven acres, with minimal security lighting and fencing.

One of the board’s concerns was that on-site lighting would not shine directly onto neighboring properties or cause a hazard for motorists.

The project application has been accepted by the Genesee County Economic Development Center,

• The addition of four storage units to the current seven at West Batavia Storage at 8550 Wortendyke Rd. in the Town of Batavia, with the on-site lighting stipulation.

• An area variance for Har-Go Farms in Pavilion to construct a 6,300-square foot barn addition in an Agricultural-Residential (AR-1) District.

Photo: Katy Duggan of EcoVerde Organics presents the company's site plan to Genesee County Planning Board members, clockwise from bottom, Laraine Catan, Planning Director Felipe Oltramari, Jill Gould, Richard Richmond II, Legislator John Deleo, Robert Bennett, Eric Biscaro, Tom Schubmehl, Deputy Director Erin Pence. Photo by Mike Pettinella.

Previously: GCEDC board of directors accepts application for New York Bus Sales facility in Town of Batavia

Cancer prevention and early detection are at the top of Lisa Franclemont’s work agenda each day, especially as COVID-19 has kept many people away from the doctor’s office.

“A lot of people avoided their screenings, and there were more late-stage diagnoses,” Franclemont said Thursday. “People still need to have their screenings.”

As Cancer Services Program coordinator for Genesee, Orleans, Wyoming, and Niagara counties (GOWN), Franclemont wants to spread the word that there is a financial help for those without health insurance to obtain those necessary screenings. Genesee County Legislature gave the health educator a proclamation Wednesday for her work in this field. Her message is especially fitting, given that October is National Breast Cancer Awareness month.

“There’s no reason why anyone doesn’t have a mammogram now,” she said. 

Franclemont has been a longtime staple at United Memorial Medical Center’s Healthy Living program in Batavia. When she began 15 years ago, this program was only available in Genesee County, she said. 

“Now it’s in every county in New York State,” she said. 

What & Who is Covered ...

The grant-funded GOWN program provides free breast and cervical cancer screenings for women 40 and older and colorectal cancer screenings for men and women 50+. According to Cancer Services Program literature, breast cancer is most often discovered in women 50 and older and colon cancer also targets men and women in that same age bracket. Cervical cancer has been more often found in women that had never been screened before. 

Most health insurance companies cover these screenings at no cost to patients, but the uninsured aren’t so fortunate. That’s where Franclemont comes in: to educate and encourage people without medical insurance to call her at 585-344-5494 to ask questions, determine if they are eligible, and set up an appointment. For anyone out of the area, or that may have concerns outside of regular work hours, there is also a toll-free number available 24 hours a day, seven days a week at 1-866-442-2262. Hablamos Español. There are translation services for other languages.

Another layer of protection for those uninsured is the Medicaid Treatment Act, Franclemont said. That will not only pay for cancer screenings, but also for the required diagnostics. So, for example, if a woman has a mammogram and receives a cancer diagnosis, she will be able to also obtain an ultrasound and a biopsy, as warranted, and covered by the Medicaid act would also pay for those services. 

Breast Cancer: Symptoms & Stats ...

One in every eight women is diagnosed with breast cancer, program literature states. A mammogram has been the best way to find it, and symptoms may include a lump or pain in the breast, or changes in shape; irritation of the breast skin or nipples, such as itchiness, redness or flaking; and/or dimples in the breast skin, it states. Again, for emphasis: this program offers free breast cancer screening for eligible uninsured New York residents in every county and borough. 

Breast cancer screenings are recommended every two years for women aged 50 to 74, unless other factors prompt an earlier screening, such as having a family history of breast cancer, being overweight, not getting enough exercise, late menopause of age 55 or older, and never having given birth or doing so at age 30 or older.
Colon cancer screenings for men and women are recommended to begin at age 50. Doctors are the largest source of referrals for Franclemont’s program, she said, and it’s, therefore, crucial to maintaining contact with one’s primary care physician or other health care provider.

Don't Want to Go Out? Stay Home ...

Another option for colon cancer screening is the colon kit, she said, which is an at-home test that has been shown to have an 80 percent efficacy rate. If something shows up in the kit, uninsured people would then be able to get a free colonoscopy, she said. 

The biggest point is to just get screened. Medical facilities are following protocols and “using precautions” by ensuring staff is vaccinated and masked, which makes them safe places to visit, she said. 

“It’s important that people still get screenings during the pandemic,” Franclemont said. “If people have any problems, they should call their doctors. Don’t ignore changes.”

The Cancer Services Program provides breast, cervical, and colon cancer screening at no cost to men and women who qualify. So, as related flyers state: Get screened, no excuses! For more information, call 585-344-5494.

If you’re in need of health insurance and live in New York State, you can check out the New York State of Health at nystateofhealth.ny.gov or call 1-855-355-5777.