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Update: 6:30 p.m. -- See bottom of the story

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The chief executive officer at O-At-Ka Milk Products today said engineers at the Upstate Niagara cooperative-owned milk processing plant are prepared to present alternatives that would satisfy the City of Batavia and bring an end to a situation that is forcing the company to spend $25,000 to $30,000 per day hauling wastewater away from the facility.

The problem, however, according to Bill Schreiber, is that city management will not sit down with officials from O-At-Ka and the New York State Department of Environmental Conservation to iron out what he calls “a three-party solution that would be a win-win for everyone involved.”

Schreiber and John Gould, owner of Har-Go Farms in Pavilion and chairman of the board for Upstate Niagara, a consortium of 300 dairy farmers, spoke to The Batavian this morning.

They expressed their dismay over not being able to deposit all of its wastewater into the city’s Waste Water Treatment Plant and “a lack of urgency” from the city.

Gould brought this issue to public light at Tuesday night’s City Council meeting when he informed lawmakers of the staggering costs to haul the wastewater away from O-At-Ka.

Several minutes later, he learned from City Attorney George Van Nest that the municipality had no choice but to enforce a cease-and-desist letter it sent to O-At-Ka after discovering that discharge levels from the Cedar Street plant were above permitted limits.

Van Nest said the DEC sent a notice of violation to the city, threatening enforcement action and large fines because of the oxygen levels in the ponds.

Gould: 'There's Something Wrong Here'

Gould’s anger with the city’s stance came through in his comments earlier today.

“Back to the Council meeting, Mr. Van Nest, puts the fear of God into them with the DEC. So, everybody’s fearful of each other and we’re getting nothing done,” he said. “There was more discussion about who was paying for Christmas in the City then there was about the largest employer in the city and the economic impact upon it. There’s something wrong here.”

Contacted today, City Council President Eugene Jankowski Jr. said Council is leaving the matter in the hands of Van Nest, City Manager Rachael Tabelski and engineers working with the city.

“We’re following the advice of our attorney, which is basically telling Mr. Gould and the staff there that they are supposed to talk to the city manager and the city attorney. Those are the people that Council has delegated to address the issue.

“Mr. Gould is bypassing some things and that’s not really for me to say what he is supposed to do or not supposed to do, but we’re not going to comment on it. We’ll let the professionals handle it – the city manager, the engineers, the city staff take care of it.”

Schreiber: Pre-Treatment Plant Upgrade Underway

Schreiber, in his ninth year at O-At-Ka, said the company is about six to eight weeks away from completing a $6 million upgrade to its on-site pre-treatment facility – action that he said will bring an end to this impasse as the amount of Biochemical Oxygen Demand and Total Suspended Solids will return to acceptable levels.

Until that new pre-treatment facility is operational, O-At-Ka is taking a substantial financial hit.

When it was mentioned that the expense could be as much as $1 million over the next 40 days, Schreiber responded: “That puts our business at risk, it puts our customers at risk, it puts our employees at risk and it puts our farmer owners at risk. Absolutely.”

The CEO said he is aware that the city has to comply with its State Pollutant Discharge Elimination System permit, but is seeking for “a bridge” to get us to the start-up of the new treatment facility.

“And what we got in exchange was a cease-and-desist (letter from the city). We don’t understand the lack of cooperation coming out of the city,” he said. “And it’s our understanding that the DEC would be willing to work towards a three-part solution. We’ve sent several letters to the city and we’ve not received a response.”

Schreiber said there are four or five different alternatives that would serve to increase the dissolved oxygen levels in the city’s lagoons, which have yet to recover adequately following replacement of the air header system at the Waste Water Treatment Plant in late August.

“Some of them are routine maintenance; getting into the diffusers and lagoons and cleaning them. That would have an immediate impact,” Schreiber advised.

“There’s a device called a venturi, which essentially serves to incorporate oxygen into the lagoons. There are companies that work with hydrogen peroxide, which when added to the lagoons, breaks down into oxygen and water – and essentially elevates the oxygen levels in the lagoons.”

Furthermore, Schreiber said he “fundamentally disagrees that we’re putting the city and the city’s taxpayers at risk.”

Permit: O-At-Ka Would Be Responsible for Fines

He said the city is protected under Section III.4 of the Industrial Sewer Use Permit, as follows:

“If the User [i.e., O-At-Ka] discharges above its Permit thresholds to such a degree that it causes the Publicly Operated Treatment Works (POTW) to violate its SPDES Permit, the User shall be held responsible for the payment of any fines or penalties levied against the POTW. This is in addition to any extra costs associated with handling such discharges as provided for in the Sewer Use Ordinance.”

“O-At-Ka has told City officials both in writing and verbally that it accepts full responsibility for any fines and penalties issued by the DEC or any other regulatory body that are attributable to our discharges,” he added. “We welcome the inclusion of DEC in these discussions regarding regulatory liability.”

Schreiber said O-At-Ka is seeking “a comprehensive, long-term solution to this.”

“We’re not looking for a band-aid. We recognize that the city has to meet its use permit, and we want to be part of the solution. But there seems to be, in our view, a lack of urgency on the city’s part while we’re burning through cash. We would rather channel those dollars to a constructive solution than use them to haul wastewater away.”

He said there are implementable steps that can be taken at the Waste Water Treatment Plant that will allow for the easing of restrictions on O-At-Ka wastewater discharges without impeding the recovery of the ponds.

“O-At-Ka is not seeking permission to discharge indiscriminately to the city nor are we ignoring the impact high strength wastewater can have on the ponds.  However, we are very confident that there are engineering solutions that can wholly offset the impact and further accelerate the health and recovery of the ponds.”

City Manager: 'We Can't Allow Willful Violations'

The Batavian reached out by email to Tabelski and to the DEC’s press office for comment.

Tabelski, speaking to WBTA Radio earlier this week, said O-At-Ka is “an industry here that we value for their employment and for the use of the milk supply that comes from the farms. That’s not lost on me. But we cannot allow willful violations of permits at the city Waste Water Treatment Plant.”

She also said that O-At-Ka officials acknowledged what they need to get to “a place that allows their discharge to be at a permitted level.”

“Right now, they can be at their permitted level, but they have to truck many, many truckloads of waste away. That’s showing that their capacity isn’t in line with their production,” she said.

Schreiber is calling for a “technical conversation that going to lead us to a resolution of this problem.”

Gould agreed, stating, “Collaboration to us is getting the stakeholders in the same room and sit down and solve the problem."

Schreiber said the O-At-Ka board of directors have approved $35 million in capital spending for 2021 and 2022, but “we’ll have to look really hard at where the next capital investment goes.”

He said completion of the pre-treatment facility will result in a permanent fix.

“As I said, we’re just looking for a bridge, and we can’t seem to get cooperation from the city,” he said. “The city seems to be blaming DEC; everybody but themselves, quite frankly.”

Update:

Comment from City Manager Rachael Tabelski: "In response to your inquiry, there continues to be an ongoing and open dialogue between city officials and O-AT-KA regarding discharge issues at the Waste Water Treatment Plant. As we also have communicated, public health and safety as it pertains to these discharge issues is our number one priority so that the WWTP is operating within all its regulatory obligations."

Statement from NYS DEC: "The New York State Department of Environmental Conservation (DEC) remains committed to working with all involved parties to develop and implement necessary solutions to address these issues. DEC will continue to meet with the city and O-At-Ka Milk Products regarding technical and infrastructure needs, and will convene additional meetings with these parties as these efforts progress."

Photo at top: O-At-Ka CEO Bill Schreiber and Upstate Niagara Chairman of the Board John Gould in front of the new equalization tank that is part of the company's ongoing upgrade of its pre-treatment facility. Photo by Mike Pettinella.

Previously: City sends 'cease and desist' letter to O-At-Ka Milk as issues at waste water treatment plant continue

Press release:

Applications are now being accepted with anticipated move-in capability for December 6 for Liberty Square Apartments on East Main Street, Batavia.

Liberty Square is a 28-unit program located at 554 East Main Street, Batavia, NY, that will serve homeless or unstably housed Veterans with disabilities in a Permanent Supportive Housing environment. The 28 units are integrated into a 55-unit, general occupancy community, being developed in partnership with Home Leasing, LLC. The project consists of a 4-story, fully accessible building with a secure entry system, a welcoming community room, discrete staff offices, to include specific space for Eagle Star Housing staff, in-door bike storage, laundry facilities, fitness center, available laptops, raised garden beds, a fenced playground, and on-site parking.

Liberty Square Apartments includes a fully equipped kitchen with a range, refrigerator, microwave, wall-mounted TV, local TV channels with cable available, and in-unit storage. Heat, air conditioning, hot water, trash removal, and electricity are all included in the rent, and on-site laundry facilities are available at no cost to the tenant. Off-street parking is available. Tenants have access to a community room, bike storage, exercise equipment, and a computer lab. There are eight studio apartments and 20 one-bedroom apartments available. Tenant pays 30% of their income as rent and a stipend covers the rest. No security deposit is required.

Applications are now being accepted with an anticipated move-in capability for December 6, 2021. To qualify, you must have served in the Military, be in a housing crisis, and have an identified disability or case management need. Must meet eligibility and income requirements associated with the Low-Income Housing Tax credit program. Staff will aid in completing a housing application to make this determination.

Eagle Star Housing is a not-for-profit organization in New York State that provides housing services for homeless veterans under the Empire State Supportive Housing Initiative. They have a 16-bed transitional housing program for homeless veterans in East Pembroke as well as other programs for homeless veterans in Central and Western New York.

Eagle Star has provided more than 960 homeless veterans with over 81,000 nights of safe housing since opening its doors in 2012.

Applications for the Supportive Housing apartments are available at the Eagle Star Housing website:

www.eaglestarhousing.com/supportive-apartment-programs/. 

Eagle Star Housing is made possible with the generous donations of community members. If you would like to donate today please visit our website: https://eaglestarhousing.com/donate/

Press release:

Western Region Off-Track Betting (WROTB) President and CEO Henry Wojtaszek was joined by Batavia Downs employees and members of the Batavia Fire Department as a check for $2,000 was presented to Operation Warm.  Operation Warm provides brand new shoes and coats to needy children across North America.

“As we move into the winter season, we know that some local families are in need of high-quality coats and shoes for their children,” Wojtaszek said. “We have worked alongside and with the City of Batavia Fire Department for many years and we are happy to contribute to causes that they support. “

A portion of proceeds from sold tickets to the Batavia Downs’ Bourbon & Whiskey Fest and Vodka & Gin Fest held in the fall are what make up this contribution.

Greg Ireland, Captain of the City of Batavia Fire Department said, “We are very thankful for this partnership and contribution.  By partnering with Operation Warm we are able to ensure that the money raised by Batavia Downs at their events is staying here with local families.  We appreciate that Batavia Downs recognizes the challenges that many in our community are facing.”

New York State Assemblyman Steve Hawley added, “This generous donation will help keep children throughout our region healthy and comfortable in the cold, something incredibly important as we come to face what’s shaping up to be a tough winter season. I am incredibly grateful to Batavia Downs for their support of Operation Warm, and to the Batavia Fire Department for continuing their work to coordinate this successful, critical program.”

Photo by Howard Owens

Press release:

The Genesee Valley (GV) BOCES School of Practical Nursing proudly graduated 24 students at a ceremony held on October 8 at Celebration Church in Leicester, New York. Brianna Spuck was named valedictorian of the class, and Magdalena Lendzion was recognized as the salutatorian. Instructors Marisa Dale, Jackie VanNorman and Janet Green assisted throughout the ceremony. Heidi Mix, Regional Medical Programs Coordinator, was also on hand to congratulate students and recognize them for all of their hard work and commitment.

Mix shared some thoughts about how this class weathered the challenges of learning during the pandemic.

“This class was our first class to be able to transition back to the classroom and clinical facilities. Coming back into the classroom allowed for a more normal school environment which then, in turn, created some strong bonding to take place amongst the students,” Mix said. “If I have to describe this particular class as a whole, I would say they functioned as a team and respected their instructor as a team does their coach. They worked hard for her and also had some fun together.”

During the ceremony, Dale gave some parting words of wisdom to the graduates.

“As nurses, you have a responsibility to do what is right for your patients.  You have to love what you do and have a passion for your work. Stay involved, and contribute. Positivity and knowledge have power,” Dale said.

At the conclusion of the ceremony, John Cima, Lead Coordinator for the GV BOCES Adult Education Program, announced that each student would receive a credit for payment of their NCLEX (National Council Licensure Examination) exam. These payments to students are made possible due to Coronavirus Aid, Relief, and Economic Security (CARES) Act funding.

Graduates of the program must complete a 12-month, 1,200-clock hour program that is certified by the New York State Education Department. Graduates of the program receive a certificate of completion of licensed practical nursing.

The program is designed to prepare graduates for the NCLEX-PN Examination for licensure as a Licensed Practical Nurse. This course is offered in three different sites located in Batavia, Rochester Tech Park in Gates, and Mount Morris, New York. For more information about this program, contact the Adult Education/School of Practical Nursing at (585) 344-7788.

The graduates are:

• Taylor Alexander
• Nickesha Anderson
• Emily Antonucci
• Jasmine Avery
• Thomas Brado
• Jasmine Collier
• Lisa Dumuhosky
• Samantha Feldmann
• Lauren Forsyth
• Carey Hewitt
• Ashley Houck
• Camille Hunter
• Brandi Jackson
• Laura Koehl
• Magdalena Lendzion
• Taylor McPherson
• Megan Peterson
• Portia Read
• Jenna Scaccia
• Isaeyah Smith
• Brianna Spuck
• Nevin Steward
• Andrea Wetherwax
• Brianna Wolfe

Photos: Top photo:  Brianna Spuck, valedictorian of the class, (left) with Heidi Mix, Regional Medical Programs Coordinator.  Bottom photo:  Heidi Mix, Regional Medical Programs Coordinator (right), recognizes Magdalena Lendzion as the class salutatorian.

Pre-construction work and environmental testing is taking place today on the grounds of the former Soccio & Della Penna Construction Co. and Santy's Tire Sales locations on Ellicott Street in the city -- the future home of the Ellicott Station project that is part of Batavia's $10 million Downtown Revitalization Initiative program.

Two employees of Savarino Companies of Buffalo, the company that is behind the mixed-use development (apartments, office, retail and entertainment space), were on site. Indications are that demolition of the buildings will start in November. Photos by Mike Pettinella.

Press release:

The Regional Transit Service (RTS), longtime employee Alan Moore, and scholarship winner Ava Flores were honored at the annual meeting of the Mental Health Association of Genesee and Orleans Counties (MHAGO). The event took place on Oct. 7 at Terry Hills Golf Course with 24 people attending.

MHAGO Executive Director Tom Christensen credited the dedication of the staff for keeping the agency open through the pandemic, noting that as an essential business, MHAGO has remained open to in-person services, with no staff layoffs or reduction of hours.

“The COVID-19 crisis highlighted for us how important everyday mental health and wellness practices are to managing social isolation, anxiety, and stress,” Christensen said. “We believe MHAGO services contributed to the emotional resilience of both our participants and our community during these uncertain times.”

RTS also contributed to the community’s well-being, according to MHAGO, by providing free rides to and from medical appointments – including visits essential for mental health – for the two counties’ residents. John Arneth, RTS’ Regional Manager for Genesee & Orleans, accepted the Constance E. Miller Award of Excellence on behalf of the organization. Constance E. Miller, along with a small group of dedicated volunteers, founded the Mental Health Association in 1993. This award honors her commitment to excellence by recognizing individuals and organizations who work to promote mental wellness, instill hope, and improve the quality of life for people living in Genesee and Orleans counties.

“We had some rigorous protocols to follow in order to keep everyone safe, but we were really happy to be able to continue to provide medical transport services during a time that created a lot of anxiety and fear for people,” Arneth said.

MHAGO recognized Alan Moore as a 25-year staff member. Colleagues described Moore as a mild-mannered, versatile, reliable team member who “quietly supports and encourages (MHAGO) participants.” It was also noted that he models self-care by walking regularly and “getting his steps in” each day.

MHAGO awarded the Board of Directors’ Educational Scholarship to Ava Flores, 2021 graduate of both Oakfield-Alabama High School and Genesee Community College. Flores is now studying psychology at Roberts Wesleyan College. The MHAGO scholarship program provides financial support to individuals pursuing higher education in the fields of human or social services. Flores received $500 toward her studies.

Kylee Criscione, a mental health program specialist from the state Office of Mental Health – WNY Field Office, gave a presentation via Zoom. She noted, aptly, that telehealth visits represent one of several ways MHAGO has stepped up to address

the challenges of meeting community needs.

In the annual report distributed at the meeting, Christensen noted that MHAGO Medicaid Managed Care HCBS services increased in 2020 to become the largest local provider of Mental Health HCBS, with 267 combined in-person and telehealth visits across 271 hours of service. “We look forward to further expansion of managed care services through the State’s newly proposed CORE (Community Oriented Empowerment Services) model,” he wrote.

Other noteworthy 2020 stats:

• A total of 256 persons were served by MHAGO programs, including 186 in the Recovery Center, 147 in the Social Club, and 50 in the Drop-In Center.
• MHAGO’s Recovery Center provided 5,009 combined in-person and telehealth visits across 3,028 hours of service.
• Social Club: 3,397 combined in-person and telehealth visits
• Drop-In Center: 1,726 combined in-person and telehealth visits
• Warmline: 2,852 outreach messages and 5,879 completed calls
• The agency also provided 1,014 one-way trips. All transportation staff also provided outreach telehealth calls and wellness checks during office hours.

MHAGO reported $576,030 total support and revenue, with $618,689 in total expenses. The agency ended 2020 with $129,358 cash on hand. The 2020 Financial Statement and Auditors’ Report were prepared by EFPR Group, CPAs, PLLC. Copies of the Audit and Form 990 may be obtained by request from the Mental Health Association of Genesee and Orleans Counties, 25 Liberty Street, Batavia, NY 14020.

“Even in good times,” Christensen said, “a lack of social engagement has been a leading predictor of poor health outcomes, poor quality of life, and shortened lifespans. With Covid bringing out the worst of these troubles, our staff really stepped up and made a big difference. I’m very pleased with our team.”

Press release:

Citywide leaf collection will begin October 25th, 2021, and will continue until November 24th, 2021.

Residents are asked to rake leaves into piles and leave them in the parkway (un-bagged). Please, place close to curb line/edge of roadway without placing in the street. Do not pile around fire hydrants, trees, utility poles or signposts. Leaf piles should only contain leaves and no branches, grass clippings or other materials.

Leaf operations typically have one crew on the Northside working from Grandview Terrace moving West, North of Main Street, and a second crew on the Southside beginning on River Street moving East in areas South of Main Street. A third crew will work using a vacuum along main roads and numbered routes. It takes about 2 weeks to go through the entire city.

Any resident with leaves can also bring them to the Yard Waste Station until it closes for the season on

December 11th, 2021. The Yard Waste hours are 8 am-2 pm Monday through Friday, 12 pm-6 pm Saturdays through October 30, and then 11 am-5 pm from November 1st through December 11th due to daylight savings. The Yard Waste Station will be closed on November 25th and will officially close for the season after December 11th, 2021.

IMPORTANT INFORMATION ABOUT LEAF COLLECTION:

• Leaf piles must be clear of sticks and other debris.
• Leaf piles must be clear of all animal waste – if animal waste is found in the piles, it will not be picked up
• Grass clippings, Flower potting’s, Branches, Pumpkins cannot be picked up and residents may bring those items to the Yard Waste Station on Law Street (which will be open through December 11th, 2021)
• Leaves should not block traffic.
• Leaves should not be piled near intersection corners. This causes sight issues for motorists/bicyclists/pedestrians.
• Keep leaf piles clear of drainage ways and catch basins. Blocked drainage leads to localized flooding.
• Leaves should not be piled around mailboxes, power poles, fences, fire hydrants or other obstacles.
• Do not park on leaf piles. The heat from a vehicle exhaust system could start a fire.
• Do not wait to get your leaves out. We will normally collect leaves twice within the month of leaf collection.
• If it is snowing, we plow first. If it continues to snow, then leaf operations will be suspended.

There is no leaf pickup in the spring.

Contact the Bureau of Maintenance @ 585-345-6400 option 1 if you have any questions.

Press release:

On Saturday, October 23rd, from 10 a.m. to 2 p.m. law enforcement agencies across Genesee County and the U.S. Drug Enforcement Administration will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription drugs.

There will be three locations across the county where citizens can dispose of their medications. Sharps will only be accepted at the Batavia location.

The service is free and anonymous, with no questions asked.

The Batavia Police Department, in conjunction with United Memorial Medical Center, will be accepting prescription drugs and sharps in the Alva Place parking lot across the street from Batavia Showtime (located in the Genesee County Mall), Batavia. The Genesee County Sheriff’s Office will be accepting prescription drugs ONLY at the Pembroke Town Hall, 1145 Main Rd. Corfu. The LeRoy Police Department will be accepting prescription drugs ONLY at their headquarters located at 3 West Main Street, LeRoy.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. 

In addition to DEA’s National Prescription Drug Take-Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long.

The Batavia Police Department Headquarters has one for everyday collection of drugs and sharps located in the rear vestibule at 10 West Main St., Batavia, NY. Containers are also located at the Genesee County Sheriff’s Office on Park Rd, Batavia, and at the LeRoy Police Department.

The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines For more information about the disposal of prescription drugs or about the October 23rd Take Back Day event, go to www.DEATakeBack.com.

A rollover accident is repoorted in the area of 46 Redfield Parkway, Batavia.

Unknown injuries.

City Fire and Mercy EMS responding.

UPDATE 9:10 a.m.: The accident was apparently the result of a medical issue, accrding to Asst. Chief Chris Camp.  The minivan drifted off the roadway and struck a small tree, pushing it out of the ground and as the minivan road up the trunk of the tree it tipped n its side.  The driver was being treated at the scene by Mercy EMS and is expected to not require transport to a hospital.

A rollover accident is repoorted in the area of 46 Redfield Parkway, Batavia.

Unknown injuries.

City Fire and Mercy EMS responding.

Genesee County legislators, substance use disorder and mental health professionals have a million reasons to celebrate today after meeting New York State Attorney General Letitia James at The Recovery Station on Clinton Street Road.

James is conducting a statewide tour to recognize communities for their efforts in fighting the opioid epidemic and to distribute funds awarded to New York through a settlement with opioid manufacturers and distributors. This afternoon, she presented oversized ceremonial checks in Waterloo, Rochester and Batavia.

For Genesee County, that amount is $1,060,280.71.

“Addiction doesn’t discriminate and transcends all political boundaries and affiliations and artificial constructs,” James said. “This really is a demonstration of what government should do, and that is provide for the needs of New Yorkers and the constituents that we all serve. And to hold those individuals responsible for what they did; we hit them in the pocketbook.”

James said her office “closed down pharma … and five manufacturers and three distributors of this poison.”

Unfortunately, she said, overdosing continues to be a huge problem.

“We’re seeing more overdoses because we know that individuals who use opioids sort of walked into the use of heroin, which is now laced with poisonous fentanyl,” she advised. “So, whatever we can do in our capacity to provide you with additional services, with some medically assistance treatment to assist those who are dealing with not only with opioid use disorder but mental illness.”

Assemblyman Steven Hawley thanked James for her role in the settlement and her “attention to all folks who are having problems with addiction.”

“It doesn’t really identify geographic areas for folks who are having trouble with addiction – whether we live in an urban area or a rural area or a suburban area. It doesn’t matter what you’ve done for a living. It can get everybody …” he added.

Legislature Chair Rochelle Stein, speaking for families “that have been torn apart,” touched upon the significance of James’ tour.

Stein pointed out that Genesee is one of the few counties that operates a mental health department with its own clinics.

“We are struggling, quite frankly, in getting the clinicians. That is a real need,” she said. “If we could get some help there in getting folks into our state or even support for those positions, so that we could have more people available to us to help provide those services.”

James brought up that she has been hearing that the state agencies of the Office of Addiction Services and Supports and the Office of Mental Health do not work together and operate under regulations that often conflict with one another.

Lynda Battaglia, the county’s director of Mental Health & Community Services, said the agencies on a local level have excellent working relationships.

“We collaborate … for the greater good. As we move forward, everybody has the same mission,” she said, later adding that the COVID-19 pandemic has rippled through the industry, causing waiting lists into the hundreds for services due to the adverse effects on delivery and the strain on mental health and substance use counselors.

John Bennett, executive director of Genesee/Orleans Council on Alcoholism and Substance Abuse (which operates The Recovery Station), explained that in Genesee County, several agencies meet on a regular basis, sharing information to increase efficiency across the various sectors.

“Criminal justice, judges, services, community-based organizations, medical care workers – we’re at the table and we talk to each other,” he said. “We try not to let anybody drop through the cracks. We don’t have a ton of services but what we have, they get utilized.”

James said it’s important to not engage in “victim blaming and to be compassionate.”

She said her office is looking at this as a health crisis, reiterating Genesee County’s belief that the funds can be used only for treatment, prevention, education, outreach, etc.

“Unlike the tobacco settlement of old (where) the funds were used for roads and bridges and lights,” she said. “I don’t have anything wrong with roads and bridges and lights – they serve their purpose and hopefully that infrastructure money (federal bill) will build more of them. But these funds have to be related to the litigation and also to assist you in expanding services, and maybe, giving people some raises because they do the work of the angels.”

Bennett mentioned that GCASA is hoping to open its new detoxification center by the first of the year and is advertising for 25 positions, mostly nurses.

“It’s challenging. Right now, we’re biting our nails, going through resumes,” he said.

In closing, James said her goal was to “shine a light on what all of you do here.”

“I come from New York City and half the time the attention is on the city, but we need to focus on rural communities, rural counties because there’s a demand here -- and they cannot be ignored; they cannot be invisible.”

County Manager Matt Landers said the county’s intent is to use the money as directed by the settlement.

“We’ll have interested stakeholders come together to build a consensus on how best to tackle this problem,” he advised.

James said the Finger Lakes Region (Monroe and surrounding counties) will be receiving $53,124,938 from the settlement.

Her plan is to travel to Buffalo, part of the Western New York Region, on Friday.

Photo at top: State Attorney General Letitia James speaks with County Legislature Chair Rochelle Stein, left; GCASA Executive Director John Bennett, and Assemblyman Steven Hawley. Photo at bottom: Presentation of a check to the county to combat the opioid epidemic.

Press release:

Today, at approximately 12:45 p.m., a school bus carrying Batavia Career and Technical Education students to the Building Trades house project site, was involved in an accident. In order to avoid hitting a car, the bus swerved, went off the road and into a ditch. The accident occurred on Route 98 in the Town of Alexander.

EMS responded to the scene, along with GV BOCES Administration, School Resource Officer, and the school nurse. The bus driver was not injured. All students are being evaluated at the accident scene by EMS and the school nurse.

The students are being evacuated from the accident scene and returned to the Batavia Career and Technical Education Center.

“The safety and security of our students is of utmost importance; hence we are taking every precaution possible,” said Kevin MacDonald.

The Genesee County Planning Board is expected to review the site plan for a compost production facility at 396 Wright Rd. in the Town of Alabama at tonight’s monthly meeting at County Building No. 2 on West Main Street Road, Batavia.

EcoVerde Organics, LLC, of Buffalo, is looking to operate the plant on a 27-acre parcel of land owned by Shawn Wilkins and William Eberhard, who reside in Akron and Clarence, respectively.

The location has an Akron mailing address but actually is in an Industrial District in the Town of Alabama.

According to documents submitted by EcoVerde Organics, the company will utilize approximately five acres 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.

Daytime hours of operation will vary depending upon the type of work involved, but the plant will be closed on Saturday and Sundays. The company anticipates developing regular collection routes and will accept source food scraps and manure from other haulers.

Company literature indicates its vision “is to reduce waste, reduce the use of chemical fertilizers, improve soil health and enhance the water quality of the Great Lakes basin.”

“To realize that vision, EVO will work with community stakeholders to locally source food scraps (SSO), manure, yard trimmings and other organic materials to create eco-friendly, tailored and tested composts for use in gardens, landscapes and farms, including applications requiring compost that meets organic-use specifications.”

County planning staff is recommending approval with the following modifications:

• If plans are made to disturb one acre or more of land as a result of the operation, the applicant completes a Stormwater Pollution Prevention Plan (SWPPP) and obtains a Stormwater Permit for Construction Activity from NYS Department of Environmental Conservation (DEC) prior to that disturbance;

• Per County Source Separation Local Law, the applicant register with the GLOW Region Solid Waste Management Committee and report at least annually the tonnage of materials recovered by the facility to the GLOW Recycling Coordinator.

Other referrals on the agenda include a special use permit request by New York Bus Sales, LLC, for its proposed 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, a site plan review for new storage units at West Batavia Storage, review of the Village of Bergen’s new zoning law and a new battery energy storage local law in the Town of Elba.

The meeting is scheduled to begin at 7 o’clock.

Photo, courtesy of Genesee County Planning Department: Aerial view of the propsed site for a compost facility on Wright Road in the Town of Alabama. 

Although Village of Oakfield and Town of Oakfield governmental leaders are keeping their constituents informed of the status of their dispute over fire protection payments, they have yet to navigate a path to the negotiating table.

And, if judging by the latest information flyer that was hand-delivered to village residents last week, the village board has drawn a line in the sand before any talks will take place:

• The Town pays the entire amount due to the Village for Fire Protection Services provided last year.
• The Town signs the contract for 2021-2022 fire services (current year) or a multi-year agreement.
• All parties jointly explore options to ensure this disagreement and withholding of payment does not happen again.

The village board claims the town owes $78,644.71 for fire protection services during the 2020-21 fiscal year, and is asking for full payment by Nov. 30 or Oakfield Volunteer Fire Department personnel will not be dispatched to fires or emergencies in the town, including the Oakfield-Alabama Central School District.

Other than an exchange of bulletins and website postings, Village Mayor David Boyle and Town Supervisor Matt Martin said there has been no verbal communication between the two boards.

The village owns fire trucks and equipment, and runs the fire service through the Oakfield Volunteer Fire Department, which owns the building on Albert Street.

Contacted on Wednesday, Martin pointed to information on the town website that spells out the town’s stance.

According to its Statement on Fire Agreement, dated Oct. 11, the town would like to see:

• A three-year contract.
• A service contract only – not to include capital -- because the village owns all fire equipment.

The town’s statement also indicates that its clerk sent a check for $39,322.36 – half of the above amount – to the village, but it has not been cashed.

Both Boyle and Martin have said the matter is in the hands of their attorneys, but the town’s latest statement indicates it has yet to be served with any legal action.

On Wednesday, Boyle said he was waiting for a return call from the village attorney.

The municipalities’ latest communications are as follows:

THE VILLAGE’S STANCE (as of Oct. 4)

1.  The Town Supervisor and Board is refusing to pay for the Fire Protection Services provided for June 1st, 2020 through May 31st, 2021, this is despite the (fact that the) Town’s 2021 tax bill to Town residents included a charge for fire protection based on the 2020/2021 Fire Protection Contract.  This money was collected as Town taxes in January of 2021.  The Town is responsible for creating the situation we are involved with at this time.

2.  The Town Supervisor has repeatedly stated that there is not a signed contract and the Town does not need to pay for services---despite the fact that the Town accepted fire protection services throughout the contract term while never indicating that the services were not wanted or needed.

3.  The contract between the Village, Fire Department, and Town has been an annual agreement for many years. This included an understanding between the Village and Town for payment of the contract after the Town collected its taxes (6 months after the contract begins).  The Town has collected the money to pay the contract but refuses to abide by law which says it must provide fire protection and payout the money collected for this purpose.

4.  Village residents pay double the tax rate for fire protection compared to Town residents.  The current rate for Village taxpayers is $1.62 per thousand of assessed value.  Why should the Village residents be forced to pay more?  Also, why is the Town so insistent that the Village Taxpayers take over more of the Town’s obligation?  Any shifting of cost to Village Taxpayers is very burdensome to them.

5.  Representatives from the Village (one of which is a fireman), Fire Department, and Town met as a committee to set the fire budget.  It is disappointing and possibly illegal that the Town Supervisor and Board is withholding payment to the Village for the 2020-2021 contract in order to dictate what funds they will pay going forward.  Keep in mind fire protection services to the Town continued to be provided over this time period, and that all structure fires occurred in the Town- not the Village.  In fact, of 10 structure fires, all were in the town. 

6.  Legally, a municipality cannot provide a free service.  The Town has refused to sign a contract for the 2020-2021 term and for 2021-2022 fire protection.  The Village cannot continue to provide a service with no indication that it will be paid for the services already provided, nor for the services going forward.

7.  Because of the Town’s refusal to pay for Fire Protection for over 15 months, the Village has communicated that fire services provided to the Town will cease on November 30th, 2021 unless payment for the 2020-2021 contract is made and a signed agreement for 2021-2022 is agreed upon by all parties.

THE TOWN’S STANCE (as of Oct. 11)

At this time, the Town has not been served with any legal action.

For five years, the Town of Oakfield has been trying to work with the Village of Oakfield to come to a fair and equitable Fire Agreement.

The Town Board disagrees with the content of the letters being circulated (by the Village Board), including the $1.62 being allocated to Fire Protection to the Village residents. The total taxable value of the Village is $52,040,355 (for bills sent out in June 2021).

Based on the Mayor’s statement that $1.62 of the village rate is for fire, they raised $84,305.38 for Fire Service within the village alone.

The Village Budget for 2021-22 for Fire is $95,000. Of that $95K, $10,320 is earmarked to go into a truck reserve. If you take that out of the $95K, you are left with $84,680 for a total operating budget. So, 58 percent (Town) is $49,126.

So, if the Village collected $84,680 and the Town owes them $49,126, then the total budget would be $133,806. What are they doing with the other $39K (actually $38,806) they collected if they did in fact collect it?

This should make the Village fire tax rate 0.89 cents per $1,000 (assessed value).

We also disagree with there being 10 structure fires within the Town of Oakfield. When a fire happens within our boundaries, both the Assessor and Code Enforcement Officer is contacted. Neither have been contacted for structure fires with(in) the Town.

Finally, in an attempt to sit at the table with the Village and negotiate an agreement, the Town sent the Village a check for $39,322.36 (half of the $78,644.71 the Town collected). The Village still has the check, refuses to cash it and will not entertain a discussion.

Photos and write-up submitted by Julie Beach

Hannah Beach and Lilly Senko worked together in conjunction with Pembroke Jr/Sr High School in creating a sensory "park" area for their peers who sometimes need to take time out of the school day and have a space where they can unwind, relax, and stimulate their sensory needs.

After much planning and interaction with the kids in the 6:1:1 class, plans began for their project.

The park includes an interactive music wall, a sensory wall, a bench, and a sensory garden with plants that students can feel, smell, and even taste.

The girls had a formal presentation of their project to the school on Tuesday, October 11th, with the principal, teachers, the superintendent, several members of the school board, and parents present.

The school was very excited about this new area for the students.

Dianna Kutter worked with the Ronald McDonald House. She reached out to them to see what was needed. She set up several containers for the collection of pop tops, periodically checked her containers, and tracked her progress. Dianna organized a drive to collect needed items for the Ronald McDonald House, she used funds to create care packages to be given out to families staying at the house, also dispersing gift cards to be used by families. Dianna also painted several inspirational rocks that she placed along the gardens surrounding Ronald McDonald House Ronald McDonald house was very happy to receive the gifts

Savannah Meyer was inspired to help the Genesee County Animal Shelter, as she loves animals. She reached out to the animal shelter to see what items they needed. Savannah organized a donation drive to obtain all the needed items for the shelter. She also researched ideas for making animal beds and made several beds and toys for the animals. Savannah hand-painted a storage cubie to hold all the donations at the shelter. The animal shelter was very grateful for all the donations to the shelter 

All four girls have worked very hard at their projects, and have learned so much during the process. 

In honor of Breast Cancer Awareness Month, Fire Prevention Month and National Cybersecurity Month, the County Legislature presented proclamations to representatives of those causes at the start of its Wednesday meeting.

Top photo: Chairwoman Shelly Stein presents a proclamation to Lisa Franclemont, a health educator with UMMC. To read the full proclamation, click here (pdf).

Emergency Management Coordinator Tim Yaeger speaks after accepting a proclamation from Legislator John Deleo while Gary Patnode, assistant coordinator, looks on. To read the full proclamation, click here (pdf).

Legislator Chad Klotzbach presents a proclamation to Michael Burns, IT director for Genesee County. To read the full proclamation, click here.

It might be said that news of Northgate Free Methodist Church leadership’s desire to underwrite a nine-hole disc golf course on its property at 8160 Bank St. Rd. could be a sign of redemption for Phillip Boyd, the City of Batavia resident who caused a firestorm in May when he proposed placing a course at Centennial Park.

“I was Public Enemy No. 1 for a while, but now I just laugh it off,” Boyd said this afternoon, adding that he and Northgate personnel have joined forces to build a course behind the church in the Town of Batavia.

Boyd also said that he and fellow disc golf enthusiast Matt Strobel are working with the Genesee Community College Board of Trustees about a course there -- and have left the door open to a course at Williams Park in the city.

“At one point, it didn’t look like anything was going to happen, and now we may be getting three in the area,” Boyd said, recognizing the irony in all of it.

The subject of disc golf came up at Tuesday night’s City Council meeting, with City Manager Rachael Tabelski (responding to a public comment) saying that she hadn’t heard from Boyd recently.

Boyd said he left a message yesterday with Ray Tourt, the city’s maintenance supervisor, seeking to continue talks about a course at the Pearl Street recreation area.

“I am looking to get final approval on the course at Williams Park and then make a new proposal to City Council at a future Business Meeting,” Boyd said.

While the city may still be an option, Boyd said he currently is focusing on assisting Northgate Youth Pastor Dan Calkins with the logistics of setting up the course at Northgate.

“We’ve created a course design and the board unanimously voted yes,” Boyd said. “They said this is something they wanted to do for the community. I didn’t realize it but they’ve got about 50 acres behind the church.”

Boyd said they’ve cleared space for four of the nine holes thus far, and hope to make room for the remaining five before the end of this month. The goal is to open the course – which will be free to the public – next spring.

The course will feature tee pads, tee signage and baskets, he said, noting that the church’s financial commitment could approach $5,000.

Contacted today, Calkins said he read the articles detailing Boyd’s plight on The Batavian and approached Rev. Vern Saile, senior pastor, Mark Logan, operations director; and the board with the idea of locating a course on church grounds.

“Even if you don’t go to Northgate or never want to come to Northgate, we want to show that we love the community and we want to be a part of the community,” Calkins said. “We welcome the public to enjoy the course at no charge. Northgate is covering the sponsorship 100 percent.”

Calkins said disc golf fits in with the church’s outreach as it currently offers pickleball on Wednesdays at 2 and 8 p.m.

“We want to show the community that we’re more than just a Sunday church. We want to be part of their lives all week,” he said.

Boyd said he’s “pretty sure” the course at GCC will happen, considering that he and his partners have raised the money to fund it.

He also said that Adam Miller Toy & Bicycle in Batavia would be willing to sell disc golf equipment if the courses are built.

Photo above: Northgate Free Methodist Church.

For more than three decades, the Knights of Columbus, Msgr. Kirby Council No. 325 has been a strong supporter of St. Joseph Regional School and Notre Dame High School.

The council’s many contributions have gone toward building improvements, classroom and technology upgrades, beautification of both campuses, and tuition support scholarships.

“The scholarships provided by the Knights support our mission of advancing Catholic school education in Batavia,” said council trustee Steve Ognibene. “Many families throughout the region -- regardless of their financial position -- have been granted funds that have helped complete their education at St. Joseph’s and then graduate from Notre Dame.”

Ognibene said that hundreds of students have benefited from K of C sponsorship, especially when Notre Dame expanded to grades seven through 12 in 2020 and the council agreed to include students across all grade levels.

The council’s recent sponsorship allocated $4,000 to each school.

Notre Dame High Business Manager Tom Rapone applauded the council for its commitment to the schools.

“St. Joseph School and Notre Dame take pride in being top-ranked schools in the entire GLOW Region for the past two decades, and we have equal pride in our longstanding relationship with the Knights of Columbus,” Rapone said.

Photo above: Karen Green, principal of St. Joseph Regional School, receives a check from Knights of Columbus scholarship committee members, from left, Grand Knight Tom Trescott, Rocco Pellegrino, Sam LaBarbera and Chuck Mahler. Photo below: Tom Rapone accepts the check from the committee. Submitted photos.

Press release:

The Genesee County Health Department is seeking information about the location of a dog and its owner following a dog bite incident on the late morning of Monday, October 11 at Centennial Park in Batavia (near Lincoln Avenue).

The dog is described as a grey pitbull with white markings around its neck, front paws, and left ear. The dog was approximately 55 to 60 pounds and was wearing a camo collar. The dog was NOT accompanied by its owner and was running loose throughout Centennial Park.

It is important to locate the dog to determine whether or not it is current on its rabies shot. If the health status is not identified, post-exposure rabies shots will be offered to the victim.  

If you have information about the location of the dog and its owner, please contact the Genesee County Health Department at 585-344-2580 ext. 5555.

A motor vehicle accident with unknown injuries is reported at East Main Street and Vine Street, Batavia.

City Fire and Mercy EMS responding.

UPDATE 4:48 p.m.: Apparent minor injuries.